Section 3: Environmental Documentation
Anchor: #i1008492Overview
This section describes the activities involved in providing decision makers with information relating to a project’s social, economic, and environmental impacts. Documents are prepared that identify and support analyses and evaluations performed during the environmental process of project development.
This section includes discussion of the following tasks. The tasks are listed in approximate chronological order, but may be performed concurrently, or may not be required in some cases.
30300. Determine type of environmental document to prepare
30310. Prepare “Purpose and Need” statement
30315. Direct and Indirect Effects and Cumulative Impacts
30320. Conduct natural resources study
30325. Conduct cultural resources study
30330. Prepare Section 4(f) Evaluation
30335. Perform hazardous materials assessment and investigation
30340. Prepare socioeconomic/environmental justice analysis
30345. Determine right of way relocation impacts
30350. Analyze existing environment
30355. Conduct noise analysis
30360. Conduct air quality analysis
30365. Determine project’s environmental consequences
30370. Prepare landscape recommendations
30375. Prepare description of project alternatives
30380. Prepare exhibits for environmental documentation
30385. Stake areas of potential impact
30390. Prepare environmental mitigation plans
30395. Notice of Availability
Anchor: #i100851230300: Determine type of environmental document to prepare
Description. Environmental documentation is required throughout the plan development, PS&E, and construction processes. Environmental review responsibilities should be started at the earliest possible stage to eliminate delays. Listed by descending process time length and level of documentation, are the three Classes of project environmental review. For more information, see Task 20110: Analysis of environmental impacts and mitigation.
Environmental Impact Statement (EIS). An EIS is the Class I action prepared for a project that may have significant social, economic, or environmental impacts. The EIS is very detailed.
Environmental Assessment (EA). An EA is the Class III action required for a project not meeting CE requirements and significance of impacts is not known. Occasionally, an EA is prepared for a project that results in a finding of significant social, economic, and environmental impacts, which then requires preparing an EIS. The EA is useful as an early coordination document, but this process usually requires additional time for documentation.
Categorical Exclusion (CE). A CE is the Class II action required for projects which, based on past experience, do not involve significant environmental impacts. CEs are excluded from the requirement to prepare an EIS or EA. Under the Memorandum of Understanding, between FHWA and TxDOT, concerning the surface transportation program environmental review responsibilities executed December 16, 2014, the previous “programmatic” CE (PCE) agreement is suspended for the duration of the Assignment MOU.
Projects meeting categorical exclusion requirements will be cleared as a CE. The use of BCE and PCE codes in the Environmental Compliance Oversight System (ECOS) is to sort projects for federal reporting purposes, only. ECOS is the File of Record for environmental aspects of department sponsored projects.
Reevaluations. If a project remains idle for three years following approval of a final EIS (FEIS) or an FEIS is not submitted within three years of the draft EIS (DEIS) circulation, a reevaluation is required to establish whether approved environmental decision remains valid. See Task 51000: Conduct environmental reevaluation.
Pertinent Project Types. Environmental review document or documentation of a categorical exclusion for a highway project, if:
- Anchor: #XOJKOUMF
- Project is on a financially constrained portion of the approved STIP or UTP Anchor: #RVDQAFOG
- Project is eligible by a Texas Transportation Commission order Anchor: #JFWHMJMF
- State or federal transportation funds are used Anchor: #EFOJQVVH
- Transportation project by a public or private entity that requires department or commission approval Anchor: #YUGRHSSX
- Transportation project is on the state highway system or on department‑owned property Anchor: #XDJBQSOH
- Exceptions may apply for safety projects, emergency relief, or others, which will not alter the functional capacity or capability of the facility being improved.
Responsible Party. Core team
Subtasks.
- Anchor: #UAWOOXQU
- Planning product type is presumed, based on project conditions and experience, during planning and programming. This presumption is either confirmed or revised after conducting preliminary environmental surveys and resource agency coordination.
Critical Sequencing.
- Anchor: #HKCDICCQ
- Begin environmental coordination and public involvement early in project development.
Authority.
- Anchor: #YGXTNLXV
- FHWA Environmental Review: 23 CFR §771.101 et seq. Anchor: #YKFGIXGD
- Texas Environmental Review: 43 TAC §2.81 et seq. Anchor: #KRTBYYFG
- Texas Transportation Code §201.752
Resource Material.
- Anchor: #CJDNSMUR
- FHWA - Summary of Environmental Legislation Affecting Transportation Anchor: #QOGKDKDY
- Online: Inside TxDOT, Environmental Affairs Division handbooks Anchor: #APBXOXUW
- Research Report 0-6701-P1: TxDOT Resource for Linking Planning with Project Planning in Support of NEPA, December 2012
30310: Prepare “Purpose and Need” statement
Description. The “Purpose and Need” statement is the foundation for NEPA alternatives analyses and evaluations done under other laws. It should include a clear statement of the objectives that the proposed action is intended to achieve. Explain both “purpose” for the project and considerations justifying “need” for the project. The evaluation of need is based on current and future conditions, not on an assumption that prior decisions are still valid. Provide facts and/or data to support problems or unsatisfactory conditions identified in the need sentence.
As early as possible provide an opportunity for involvement by participating agencies and the public in determining the range of alternatives to be considered for the project. The need should be defined in terms understandable to a general audience.
The discussion should clearly describe problems that the project will to correct. It will form the basis for identifying reasonable alternatives, comparing alternatives, and selecting the preferred alternative after considering public comments.
Pertinent Project Types. Projects requiring an environmental assessment (EA) or an environmental impact statement (EIS)
Responsible Party. Core team
Helpful Suggestions. The following list identifies items to consider when developing the purpose and need statement:
- Anchor: #NNRBPIYF
- Supporting legislation – Is there a legislative mandate for the project? Anchor: #VYBYABGR
- Safety – Is the project necessary to correct an existing or potential safety hazard? Anchor: #FPBHJNEE
- Maintenance and operational deficiencies – Does the project correct existing deficiencies such as substandard geometrics, load limits, roadway cross-section, or high maintenance costs? Anchor: #ATSGQNRT
- Transportation demand exceeding capacity – What is the Level of Service of the existing and proposed facility? Is the project in conformance with adopted state and urban transportation plan(s)? Anchor: #KJXUGKJU
- Transportation system linkage – Are modes of transportation linked? Anchor: #AUAKFLTC
- Sustainable environmental, economic, and social transportation planning -- What projected economic development trends or land use changes show the need to improve access and movement of people and goods (not just vehicles)? Anchor: #AJWYJRXE
- Access for other transportation modes, including those that promote physically active communities Anchor: #USDHAQFA
- How will the facility interface with and serve to complement air, rail, port and freight facilities, mass transit, etc.? Is the project part of the national highway freight network? Anchor: #JWIARKII
- Are there data gaps to assess the transportation needs in the project area? How will the gaps be managed? Anchor: #NTQDXBXM
- Nonattainment or maintenance areas - Be sure the project is part of the transportation conformity plan in the Transportation Improvement Program (TIP). Anchor: #QYWUIKST
- Include results of preliminary planning studies.
Critical Sequencing.
- Anchor: #NYPYPEOG
- Prepare the initial purpose and need statement. See Task 10100: Identify project need and scope, and Task 20100: Conduct a Preliminary Design Concept Conference. Anchor: #JELAKDGG
- During environmental document development stage, the purpose and need statement should be reviewed and updated as needed.
Authority.
- Anchor: #HMMUYGWJ
- Transportation Code, §201.615. Design Considerations.
Resource Material.
- Anchor: #LNXSTMMI
- TxDOT Environmental Affairs Division, Preparing a Purpose and Need Statement Anchor: #QSWJVTYG
- AASHTO Practitioner's Handbook - Defining the Purpose and Need and Determining the Range of Alternatives for Transportation Projects, 2007
30315: Direct and Indirect Effects and Cumulative Impacts
Description. Satisfying the requirements of the NEPA process requires that direct and indirect effects and cumulative impacts of the proposed project be analyzed and documented. Early consideration of cumulative impacts can improve project alternate designs to minimize or avoid impacts. It is important to maintain a connected sequence of defendable decisions regarding impacts associated with the project.
Direct Effects are caused by the action and occur at the same time and place. Highway construction that occurs within a wetland could completely remove the wetland or alter the structure and function of the wetland. This would be a direct effect.
Indirect Effects are caused by an action and are later in time or further in distance, but are reasonably foreseeable. Highway construction, which increases or decreases overland water flow to nearby wetlands and streams, causes an indirect effect on the plant and animal species that inhabit the impacted areas.
Cumulative Impacts are incremental effects of an action, which add to or interact with past, present, and predictable future effects of other actions by all entities in a particular time and place. These impacts can be viewed as the total effects on a resource, ecosystem, or human environment. Analyzing cumulative effects on resources under NEPA provides guidance to address sustainable development.
Effects and impacts considered in the regulations are synonymous. Effects result from those actions that may have both detrimental and beneficial effects on ecological (natural resources and on components, structures, and functioning of ecosystems), historic, aesthetic, cultural, economic, social, or health elements whether direct, indirect, or cumulative.
Pertinent Project Types. New locations, reconstruction, and activities that impact resources
Responsible Party. Core team
Authority.
- Anchor: #AHQTEGJH
- Council on Environmental Quality - NEPA, 40 CFR §1500 et seq.
References.
- Anchor: #GIUPXFAU
- Environmental Affairs Division, Indirect and Cumulative Impacts Anchor: #BRYKHPOO
- Planning and Environmental Linkages (PEL): PEL Handbook developed by Colorado DOT and FHWA, PDF download available at CDOT.
30320: Conduct natural resources study
Description. Review all project alternatives to the same level of detail for potential impacts to natural resources and perform studies to evaluate the impact to these resources. Natural resources are the finite and exhaustible environmental quantities of land, wind, water, minerals, forests, and wildlife. Environmental clearance processes can be lengthy and impact the schedule when working with regulatory agencies. The project budget may be impacted by costly mitigation. Potentially, the project location and design may be limited by avoidance.
Natural resource issues, such as:
- Anchor: #PYUVDAEK
- Woodlands Anchor: #SHDVTMQR
- Wetlands Anchor: #KJKVRARD
- Fish, wildlife, and endangered species Anchor: #KMXGBFWW
- Waterfowl Anchor: #EFBEAMAP
- Historic Resources Anchor: #TJSIOTGE
- Biological or botanical resources Anchor: #UIMNYQTW
- Farmland soils Anchor: #AMKTBQNB
- Waters of the United States Anchor: #GJCYPRTU
- Minerals Anchor: #OFXDEJBI
- Hazardous Substances Anchor: #RVTJFLJS
- Floodways/100-year Floodplains Anchor: #VQQMTTPL
- Parkland and recreational resources Anchor: #YWTTKKMI
- Water and land resources at the international border.
Pertinent Project Types. New locations, reconstruction, and activities which adversely impact natural resources.
Responsible Party. Core team
Helpful Suggestions.
- Anchor: #TPHPYKCA
- Coordinate this work with project manager. Anchor: #CHINGTPN
- Environmental Affairs Division can provide technical assistance and will provide reviews of environmental documentation. Anchor: #VTLUGERN
- Geographic Information System (GIS) is a helpful tool in conducting natural resource studies and mapping, especially for alternatives on new alignment. Contact Design Division, Photogrammetry Section.
Critical Sequencing.
- Anchor: #UELGSMEG
- Conduct natural resource studies as soon as there is reasonable assurance that all project alternatives have been identified. More detailed study and the report can be generated as soon as the preferred alternative has been identified. Anchor: #MFIWVEPA
- Timely requests and responsive coordination with resource and regulatory agencies will help ensure required permits and approvals are received prior to final project document completion. Anchor: #CVCPMKUK
- A right of entry permission must always be obtained before entering private property, if necessary. See Task 20230: Obtain right of entry.
Authority.
- Anchor: #UCYRQNFD
- TCEQ: Texas Pollutant Discharge Elimination System (TPDES) Anchor: #SALFIGKL
- Farmland Protection Policy Act of 1981 (FPPA) Anchor: #QPHXYDKX
- Endangered Species Act of 1973 (ESA), as amended Anchor: #RRMBMQIN
- Migratory Bird Treaty Act of 1918 (MBTA), as amended Anchor: #OWPNCCJL
- Clean Water Act of 1972 (CWA), as amended Anchor: #PAELJQRI
- Clean Air Act of 1970 (CAA), as amended Anchor: #XDXSLGTK
- Edwards Aquifer Act of 1993 (EAA), 30 TAC Chapter 213 Anchor: #GJBABXRX
- Coastal Zone Management Act of 1972 (CZMA) Anchor: #AKLHQUJT
- Coastal Barrier Resources Act of 1982 (CBRA) Anchor: #HFVTHKNG
- Policy on lands, wildlife and waterfowl refuges, and historic sites (Section 4(f)), 49 USC §303 and 23 CFR §774.1 et seq. Anchor: #MWKWGYKW
- Executive Order 11988 of 1977: Floodplain Management
Resource Material.
- Anchor: #WYRYKBGB
- Environmental
Affairs Division handbooks, such as
- Anchor: #VHJUADLL
- Ecological Resources Toolkit Anchor: #QMFOUKEJ
- Farmland Protection Policy Act of 1981 ( FPPA) Anchor: #HUTGHQJB
- Endangered Species Act of 1973 (ESA)
30325: Conduct cultural resources study
Description. The cultural resources study is project-specific. Document archeological or historical resources within the project area that may be affected by project alternatives. The study should indicate whether resources within the project area are identified and assessed in accordance with Section 106 of the Historic Preservation Act of 1966 (NHPA), as amended. Historical properties are assessed for their existence on, or eligibility to be on, the National Register of Historic Places (NRHP).
Cultural uses of the natural environment, built environment, and social institutions generally include historic properties, valued pieces of real property, social institutions, religious and other cultural institutions. Many impacts on these resources fall between cultural resource and social impact categories. See Task 30340: Prepare socioeconomic and environmental justice analyses.
Conduct the study on all alternatives to the same level of detail. The cultural resources study presents and discusses findings of archeological and historical resources. Adverse effects on archeological or historical resources and possible mitigation are resolved in consultation with appropriate parties.
If a project area includes a cemetery, area of human burials, or discovery of burials at any point in project development or construction will require compliance with the Health and Safety Code provisions.
Pertinent Project Types.
- Anchor: #JGVNXLDD
- Projects requiring additional right of way Anchor: #OLMRUHLP
- Ground-disturbing project on non-federal public lands
Responsible Party. Core team
Helpful Suggestions.
- Anchor: #TDJVFOWL
- A thorough review of findings with the roadway design engineer is recommended for efficiently developing project alternatives. Anchor: #IQABTODN
- Coordinate the study and document development with THC.
Critical Sequencing.
- Anchor: #CXTDKKTF
- If a draft environmental document is being prepared (other than DEIS) complete the study in sufficient time to incorporate into document. Anchor: #EXPIYRQS
- Conduct the study as soon as there is reasonable assurance that all project alternatives are identified. More detailed study and reports can be generated as soon as the preferred alternative is identified. Anchor: #CXCHPKDQ
- A right of entry or other written evidence of permission must always be obtained before entering private property. See Task 20230: Obtain right of entry.
Authority.
- Anchor: #MWUKEOFD
- National Historic Preservation Act of 1966 (NHPA), as amended, Section 106 Anchor: #FAUQWQBV
- Health and Safety Code - project includes a cemetery, Chapter 694 Anchor: #BWBGKIPD
- Natural Resources Code, Title 9 - Chapter 191 Antiquities Code Anchor: #GCNVKIXA
- Texas Historical Commission (THC) Anchor: #DNCBYXAO
- US DOT Act of 1966, as amended, Section 4(f) Anchor: #CBKLGUSN
- Protection of Historic Properties (Section 106), 36 CFR Part 800
Resource Material.
- Anchor: #RXEOPYPI
- Environmental Affairs Division toolkits Anchor: #ORMHQMIM
- TxDOT Historic Bridge Manual
30330: Prepare Section 4(f) Evaluation
Description. A Section 4(f) Evaluation describes the project impacts to a Section 4(f) property, alternatives, and mitigation measures. There are two types of Section 4(f) Evaluations, individual and programmatic; each is subdivided into draft and final phases.
Perform an evaluation in accordance with Section 4(f) of the US Department of Transportation Act of 1966 if the project may affect an area identified as a Section 4(f) property. For a draft Environmental Impact Statement (DEIS), prepare the Evaluation for all alternatives. For a final EIS (FEIS), only prepare the Evaluation for the preferred alternative. See Task 30140: Identify potential Section 4(f) property.
Pertinent Project Types. Projects affecting a Section 4(f) property.
Responsible Party. Core team
Subtasks.
- Anchor: #XKOHEGYT
- Coordinate with project manager. Anchor: #WIKDBYXO
- Obtain alignment map. Anchor: #KGBFRSAK
- Determine with jurisdictional authority whether Section 4(f) site is significant. Anchor: #YUTJCSQF
- Identify and develop alternatives to eliminate or minimize impact to Section 4(f) properties. Anchor: #CXNRRKQG
- Prepare draft Section 4(f) report. Anchor: #OFXUWJII
- Obtain approval of draft report from the Environmental Affairs Division.
Helpful Suggestions.
- Anchor: #WHTARAER
- All reasonable alternatives to eliminate or minimize impacts to Section 4(f) properties must be exhausted before selecting a preferred alternative that affects a Section 4(f) property. Anchor: #GDUWHEXR
- Work with the project manager and the roadway design engineer to minimize impacts. Anchor: #UMPUBTMF
- A Section 4(f) Evaluation may be included in the environmental document, or it may be a stand-alone document.
Critical Sequencing.
- Anchor: #MFTYDBDM
- Section 4(f) Evaluations should be conducted as soon as there is reasonable assurance that all project alternatives are identified.
Authority.
- Anchor: #JMOKTSEO
- Section (4f): 23 USC §138 and 49 USC §303 implemented by 23 CFR Part 774 Anchor: #HQHXXFLY
- Texas Statute: Parks and Wildlife Code, Chapter 26. Protection of Public Parks and Recreational Lands Anchor: #DJIDURJH
- Parks, Forests, and Public Property, Section 6(f): 36 CFR Part 59
Resource Material.
- Anchor: #GXDPGFXI
- Environmental Affairs Division, U.S. DOT Section 4(f) Toolkit Anchor: #CKAAPGYQ
- US DOT Act Section 4(f) Programmatics table Anchor: #SWUSNVYK
- FHWA Technical Advisory T 6640.8A; 10/30/87; Guidance for Preparing and Processing Environmental and Section 4(F) Documents
30335: Perform hazardous materials assessment and investigation
Description. Soil and groundwater contamination from hazardous substances and petroleum products is often encountered on transportation projects. Also, some projects may generate hazardous materials. For example, projects with structures (enhancement or bridge projects) may involve asbestos containing materials and/or lead-based paint requiring testing and analysis during project development.
The department uses three types of hazardous materials site assessment standards:
- Anchor: #HRSNJEKF
- Initial Site Assessment (ISA) – Primary tool used for investigating department projects; used during advanced planning phase. Information gathered by examining existing and previous land use history and available databases to identify material and waste sites, which could impact roadway project. Anchor: #UJIMDCSP
- Phase I Environmental Site Assessment (ESA) – Generally a site-specific assessment. Phase I ESA is done according to ASTM E1527 standards. Anchor: #FLHQSDYH
- Phase II Environmental Site Assessment (ESA Ph II) – Intrusive assessment to confirm soil or groundwater contamination by means of site sample collection and analysis.
Research land use by owner, tenant, or illegal third party disposal practices. The department can be exposed to substantial liability if a contaminated land parcel is purchased.
Pertinent Project Types. All projects
Responsible Party. Core team
Subtasks.
- Anchor: #AQBCEGKI
- Determine considerations for right of way (ROW) acquisition and design. Anchor: #SRPWYMBE
- Coordinate with project manager and right of way staff. Anchor: #UFFFXGYQ
- Task 10110: Perform site visit. Anchor: #CJOTXAVA
- Interview property owners or current occupants. Anchor: #IQJXFBCB
- Review regulatory database and files. Anchor: #BVAYVDBM
- Determine need, scope, and schedule for further investigation. Anchor: #IRXJCDHE
- Conduct or manage consultants to perform environmental site investigation(s) for contamination that will be encountered by the preferred alignment – both horizontal and vertical. Anchor: #EIXVICOL
- Coordinate findings with property owners, potentially responsible parties, regulatory agencies, and local government authorities. Anchor: #BSCFHUXG
- Determine regulatory requirements for handling and disposing material. Anchor: #BEQFUSBA
- Monitor progress and make arrangements for handling contamination, if required.
Helpful Suggestions.
- Anchor: #QWWVEMJC
- The project-specific requirements for each component of an initial site assessment can be based on the preliminary design and right of way requirements. Anchor: #MEDFSVSB
- Coordination with regulatory agencies or negotiation with potentially responsible parties to determine responsibilities for additional investigation, corrective action, and closure should be conducted before right of way acquisition. Anchor: #BWISSDLN
- Environmental site investigations should be considered for the preferred alignment, if results of the ISA show significant contamination likely exists within the existing and proposed project ROW or easement areas outside ROW that may be disturbed during construction. Anchor: #EIBPBRDM
- Generally, TxDOT is not required to perform environmental site investigations for areas within the existing ROW that will not be disturbed during construction or maintenance activities.
Critical Sequencing.
- Anchor: #MVPNKSIF
- Conduct ISA in the advanced planning stage so that hazardous material issues can be considered in the NEPA process. Anchor: #BHWPLDMI
- Initial site assessments should be conducted as soon as there is reasonable assurance that all project alternatives are identified. Anchor: #DQSSANUQ
- Environmental site investigations may be conducted, if determined necessary, as soon as the preferred alternative is identified. Anchor: #JWGUIWKT
- A right of entry or other written evidence of permission must always be obtained before entering private property. Exhaust every reasonable way to work with property owners and regulatory agencies to obtain access. See Task 20230: Obtain right of entry.
Resource Material.
- Anchor: #YYSHILHR
- Right of Way Division – Right of entry assistance for investigations Anchor: #SXSQGGIH
- Environmental Affairs Division, Hazardous Material Toolkit
30340: Prepare socioeconomic and environmental justice analyses
Description. Perform socioeconomic and environmental justice (EJ) analyses on each project alternative. Assess the extent that alternatives may adversely affect the human environment, disadvantaged communities, or minority populations. In the analyses, consider the degree that each environmental resource may be impacted by each alternative.
Identify socioeconomic and environmental justice issues when evaluating project alternatives. Issues may include concerns such as:
- Anchor: #DTBASDST
- Land use Anchor: #JMRLCVWP
- Social impacts Anchor: #DFODFSNX
- Relocation impacts Anchor: #MHKGPSML
- Urban growth patterns Anchor: #NVKGBTQV
- Community and neighborhood cohesion Anchor: #MPIDFUAA
- Business impacts Anchor: #MURFVUYO
- Property values Anchor: #FFIQGDFK
- Access to public facilities Anchor: #WDVOKFBX
- Low‑income populations Anchor: #XCLBVIYE
- Elderly/Minority populations Anchor: #WRKUHNJP
- Disproportionately high and adverse human health or environmental effects on low‑income and elderly/minority populations.
Ensure full and fair participation by all potentially affected communities in the transportation decision making process.
Pertinent Project Types. New construction and reconstruction projects
Responsible Party. Core team
Helpful Suggestions. Environmental Affairs Division can assist in developing studies.
Authority.
- Anchor: #GNOIPCIK
- Executive Order 12898 of February 11, 1994: “Address Environmental Justice in Minority Populations and Low‑Income Populations”
Resource Material.
- Anchor: #CKGWUDAG
- EPA, Environmental Justice: Guidance Under the National Environmental Policy Act Anchor: #HPHAVAVX
- Environmental Affairs Division, Community Impacts Assessment Toolkit
30345: Determine right of way relocation impacts
Description. The Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970 (Uniform Act) requires relocation advisory services and payments to eligible displaced individuals, families, businesses, farms, and nonprofit organizations. Identify potential displaced persons and the relevant circumstances surrounding displacement in environmental documentation as right of way relocation impacts for all alternatives. Determine relocation impacts while developing the schematic.
Pertinent Project Types. Projects involving displacement of individuals, families, businesses, farms, and nonprofit organizations.
Responsible Party. Core team
Authority.
- Anchor: #UHORKBCG
- Uniform Relocation Assistance and Real Properties Acquisitions Policies Act of 1970, as amended (Uniform Act), 42 USC Ch. 61 §4601 et seq.
Resource Material.
- Anchor: #EXSLHNKL
- TxDOT Right of Way Manual, Vol. 3 - Relocation Assistance
30350: Analyze existing environment
Description. This discussion in the environmental document provides a concise description of the environment of area(s) affected by alternatives under consideration and the environmental consequences for each reasonable alternative.
All socio-economic or sensitive environment locations and features in the project impact area should be identified on exhibits and briefly described in the text (e.g., neighborhoods, elderly/minority/ethnic groups, parks, hazardous material sites, historic resources, wetlands, critical habitat, etc.). Also, a discussion should briefly describe the land use policy, trends, and status of the planning processes of local jurisdictions impacted by the proposed project.
The Environmental Impact Statement (EIS) considers many environmental concerns such as the Affected Environment, Environmental Consequences, and Land Use. In an Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) or Categorical Exclusion (CE), this is included as part of the impacts section.
Pertinent Project Types. Projects requiring either an Environmental Impact Statement (EIS) or Environmental Assessment (EA). A Categorical Exclusion (CE) project having no individual or cumulatively significant environmental impacts.
Responsible Party. Core team
Helpful Suggestions.
- Anchor: #PBWPBCIV
- To save space and communicate effectively, this section of the document should be a single description for the general project area rather than a separate one for each alternative.
Critical Sequencing.
- Anchor: #CCTUMJSB
- This section should be completed as soon as all social, economic, and environmental data is collected and evaluations are made.
Resource Material.
- Anchor: #CWKINORM
- Online: Inside TxDOT, Environmental Affairs Division, Environmental Compliance Toolkits
30355: Conduct noise analysis
Description. Undesirable effects of highway noise are evaluated and controlled by source control, highway noise mitigation, and noise compatible planning. When projected noise levels at noise-sensitive receptor sites exceed federal, state, or local guidelines, noise abatement measures must be evaluated.
Noise abatement measures protect the public’s health, welfare, and livability. Noise abatement measures may incorporate one or more methods by use of quieter pavement materials, traffic management, alignment modifications, buffer zones, insulation of public buildings, or construction of noise barriers.
Elements of a noise analysis include traffic information (existing and future), design information, noise-sensitive receptors, results of field measurements, and computer modeling. The analysis is designed to provide comprehensive information to the public and local government officials.
Pertinent Project Types. New construction, reconstruction (with substantial horizontal or vertical realignment) and all added capacity projects
Responsible Party. Core team
Subtasks.
- Anchor: #HFJMYJPT
- Provide procedures for noise study and abatement measures. Anchor: #WGAHTVVC
- Prepare noise abatement proposal for preferred alternative.
Helpful Suggestions.
- Anchor: #IRCULJOK
- Noise workshops may be appropriate to inform the public about a noise abatement proposal and obtain input regarding a noise abatement proposal. Anchor: #WDNJFFAK
- A noise contour analysis may be useful to compare noise impacts of alternatives.
Authority.
- Anchor: #DYDCLSGV
- EPA Anchor: #HPFTWWSO
- Source control: Noise Control Act of 1972 Anchor: #QHRCVATN
- Mitigation: Federal-Aid Highway Act of 1970 Anchor: #STFHPOFW
- Procedures for Abatement of Highway Traffic Noise and Construction Noise 23 CFR Part 772
Resource Material.
- Anchor: #DFMIDCRU
- Environmental Affairs Division, Traffic Noise manual
30360: Conduct air quality analysis
Description. An air quality analysis needs to be performed for projects in attainment, maintenance, and nonattainment areas according to EPA air quality guidelines. At the state level, Texas Commission for Environmental Quality (TCEQ) has chosen to mirror the EPA’s National Ambient Air Quality Standard (NAAQS). NAAQS is the EPA official standard for criteria pollutants that impact human health and environment.
TCEQ is responsible for developing the State Implementation Plan (SIP) required by the Clean Air Act. The SIP is the state’s comprehensive plan to clean the air and meet federal quality standards. TxDOT is the state agency responsible for helping project sponsors of transportation projects in the state with ensuring compliance with federal, state, and local laws and regulations. Transportation projects must conform to the SIP.
Environmental Affairs Division recommends a Climate Change and Greenhouse (GHG) Emission Impact Statement as a best practice for projects with potential public concern or inquiry. Include the statement as part of the EIS, EA, or CE documentation. Future federal policy may mandate a GHG statement.
The air quality analysis is not conducted for various alternatives. Rather, the analysis is performed for the general project airshed. Capture any mitigation listed in the air quality statement in the environmental permit, issue, and commitment (EPIC) report.
Pertinent Project Types. All projects
Responsible Party. Core team
Critical Sequencing.
- Anchor: #CKSWQLVD
- Review of potential project effects must be complete prior to final project decision or approval. Anchor: #WPNAMXMV
- Projects for which conformity applies must be found in compliance before final project decision or approval. Anchor: #XNRHWKTK
- If a public hearing is planned, the air quality analyses should be completed and reviewed and presented at the hearing.
Authority.
- Anchor: #JEAEQNAK
- EPA: Federal regulation and enforcement Anchor: #LSWTHJQK
- TCEQ: Texas regulation and enforcement Anchor: #UBMMPRBS
- Clean Air Act (CAA), as amended Anchor: #GKAEICIG
- Texas Health and Safety Code, Clean Air Act (TCAA) Anchor: #YTIVQSMI
- National Environmental Policy Act (NEPA) Anchor: #DBROWJMV
- Federal-Aid Highways Code, 23 USC §101 to 190 Anchor: #IYUSVSXP
- Texas Administrative Code, 30 TAC §114.260
Helpful Suggestions.
- Anchor: #QNSVWSXU
- Use same traffic data throughout project development.
Resource Material.
- Anchor: #GMQOBKYJ
- Environmental Affairs Division, Indirect and Cumulative Impacts Anchor: #DUDWPGMC
- TxDOT Best Practice: Climate Change and Greenhouse Gas Emission Impact Statements Anchor: #VKVQNXPL
- TxDOT Environmental Handbook for Air Quality Anchor: #EGUUCQYD
- TCEQ: Air-related topics Anchor: #HCNOIFAR
- US EPA: Green Book Nonattainment Areas for Criteria Pollutants
30365: Determine project’s environmental consequences
Description. In this section of the environmental document include the expected beneficial and adverse social, economic, and environmental consequences of project alternatives. Provide a sufficiently scientific comparative basis for evaluating alternatives. Describe measures proposed to mitigate adverse effects. See Task 30390: Prepare environmental mitigation plans.
Do not use the term “significantly” unless it is in the context of the definition stated in 40 CFR 1508.27 Significantly.
Pertinent Project Types. Projects requiring an environmental document
Responsible Party. Core team
Critical Sequencing.
- Anchor: #NYLLEAMK
- Complete this section as soon as all social, economic, and environmental data is collected.
Resource Material.
- Anchor: #RFUTNBEL
- Environmental Affairs Division
30370: Prepare landscape recommendations
Description. In the federal-aid highway program, highway aesthetics is a most important consideration. Highways must blend with our natural, cultural, and social environment and also provide pleasure and satisfaction in their use. Landscape development within the right of way shall be in conformity with accepted concepts and principles of highway landscaping and environmental design. Highway landscape design does not consist of seeding for erosion control or planting vegetation for screening purposes.
Federal cooperation with state and local agencies can provide opportunities for display of original works of art in the right of way. Designers should encourage the development of pollinator habitat, forage, and migratory way stations for monarch butterflies, honey bees, and other native pollinators by planting native forbs and grasses. Plant establishment durations should be sufficient for an expected survival in a highway environment.
Consider a revegetation plan as an integral part of road construction and not an afterthought.
Pertinent Project Types. New construction, and major reconstruction, or rehabilitation projects
Responsible Party. Project manager
Authority.
- Anchor: #WQQYHXWS
- Landscape and Roadside Development: 23 CFR §752.1 et seq. Anchor: #OBGMEMSH
- Landscape and Scenic Enhancement: 23 USC §319 Anchor: #YDLSQOLF
- Eligibility for Control of Noxious Weeds and Aquatic Noxious Weeds and Establishment of Native Species: 23 USC §329 Anchor: #TJUEPGFC
- Green Ribbon Projects: 43 TAC §11.100 et seq. Anchor: #YQGWGTNP
- Transportation Enhancement Program: 43 TAC §11.200 et seq.
Subtasks.
- Anchor: #DRQFPYPD
- Planning and development of the project roadside should be concurrent with or closely follow the highway project. Anchor: #WDHWOUTK
- On new or major reconstructed highways, develop urban landscape appropriate to existing or planned environment. Anchor: #YBBHWQGU
- On new or major reconstructed highways, develop rural landscape appropriate to adjacent environment. Include an opportunity for regeneration and maintenance of native growth. Anchor: #LAENSQAG
- Landscape planning shall incorporate planting native wildflower seeds or seedlings, unless a waiver is provided in accordance with 23 CFR 752.11(b). Anchor: #WTWIYKKJ
- Request the landscape architect perform a visual inspection of the project area and identify visual and aesthetic resources that might be affected.
Helpful Suggestions.
- Anchor: #QORYSDWD
- Integrate aesthetic elements in the design phase. Anchor: #TFDOTUER
- Use native plants or xeriscaping. Anchor: #QOKPHLKI
- Enlist the support and advice of the landscape architect early in project development. Anchor: #UWNURTSQ
- Consider sight distance and maintenance requirements when developing the landscape plan. Anchor: #HRJTAMAM
- Coordinate planning with local officials to ensure compatibility with local aesthetic planning efforts.
Critical Sequencing.
- Anchor: #VOCKCHUU
- Aesthetic and landscape recommendations are usually developed only for the preferred alternative. Anchor: #ILFSSINC
- Assemble a team that includes a revegetation specialist before soil and vegetation disturbances are planned. Anchor: #QEMJEHXM
- Understand that revegetation tasks begin 1 to 3 years before construction and continue after construction is complete.
Resource Material.
- Anchor: #LNHCKWFF
- TxDOT Landscape and Aesthetics Design Manual Anchor: #JKPBXQYE
- AASHTO A Guide for Highway Landscape and Environmental Design Anchor: #HLFXGTSK
- FHWA/USDOT, A Manager's Guide to Roadside Vegetation Using Native Plants, 2007
30375: Prepare description of project alternatives
Description. Alternatives screening may involve reviewing a broad range of reasonable alternatives, which are feasible and practical. Reasonable alternatives should include the ‘no-build’ alternative. Selecting an alternative appropriate for the project can be facilitated, if the purpose and need statement has a clear statement of essential elements. All reasonable alternatives under consideration in the draft environmental document should be developed to a similar level of detail so that comparisons are fair.
Pertinent Project Types. Projects requiring an environmental document
Responsible Party. Core team
Critical Sequencing. The environmental document’s section containing a description of project alternatives should be developed throughout the environmental documentation phase.
Resource Material.
- Anchor: #YKIKBVYC
- AASHTO Practitioner's Handbook - Defining the Purpose and Need and Determining the Range of Alternatives for Transportation Projects, 2007 Anchor: #VJCBNFEY
- Task 30310: Prepare "Purpose and Need” statement
30380: Prepare exhibits for environmental documentation
Description. Environmental document exhibits are prepared to show existing social, economic, and environmental resources, and potential impacts to these resources. The environmental specialist, drainage engineer, and project manager typically contribute to developing certain exhibits.
Pertinent Project Types. Projects requiring an environmental document
Responsible Party. Core team
Critical Sequencing.
- Anchor: #OXSTKJDL
- Exhibit preparation for the environmental document should be accomplished throughout the environmental documentation phase.
30385: Stake areas of potential impact
Description. Once a preferred alignment is selected, limits of potential impact areas should be staked or flagged on the ground or obtain GPS coordinates of the impact areas. These limits are established to gain permitting agency approval of the extent of affected natural resources. Once permitting authority is gained, the limits are surveyed to establish quantifiable impacts.
This includes the limits of environmentally sensitive areas such as:
- Anchor: #VJDNBDVR
- Wetlands Anchor: #KCLPCNNA
- Ordinary high water line - non-tidal waters Anchor: #DIAXTJSK
- High tide line - tidal waters Anchor: #WPLOPYFY
- Water resources Anchor: #VVEGQVIG
- Waters of the United States Anchor: #UYXCMEHX
- Archeological/historical properties Anchor: #DCGRYWTN
- Critical biological habitat Anchor: #UMWLSLHJ
- Endangered species.
Pertinent Project Types. Projects having potential environmental impacts to areas such as those listed above
Responsible Party. Core team
Subtasks.
- Anchor: #APTRYVIP
- Obtain the alignment map showing the preferred alternative. Anchor: #AFUHETRY
- A right of entry or other written evidence of permission must always be obtained before entering private property. See Task 20230: Obtain right of entry. Anchor: #LYYSYPWV
- Stake impact areas in the field or obtain GPS coordinates of impact areas. Anchor: #AHUCOXHU
- Permitting agencies review and approve the staked or GPS impact area limits by review of a report and map or by field visit. Anchor: #UVPMVCPR
- After permitting agency approval of limits, surveyors perform a controlled survey of staked areas. Provide surveyors with impact area map. Anchor: #FRMXXJQE
- Refine constraints map previously prepared and provide impact area limits to the project manager for inclusion on project drawings. See Task 30130: Collect environmental data.
30390: Prepare environmental mitigation plans
Description. A functional assessment is completed on the resource to be impacted. Preliminary or conceptual plans for mitigating adverse environmental impacts are developed at this stage. Actions are taken to avoid, minimize, or compensate for impacts. If mitigation work must be completed before highway construction begins, detailed plans and specifications may be prepared at this point.
When all reasonable and feasible methods to avoid damage at a project site are not possible, compensatory mitigation will be used. Compensatory mitigation is done through one of three methods and approved by the regulating agency: Mitigation Banks, In-Lieu Fee Mitigation, or Permittee-Responsible Mitigation.
Mitigation Banks. The Anderson Tract, the Coastal Bottomlands Mitigation Bank, and the Blue Elbow Swamp are three wetland banks used by the department. The bank value is determined by quantifying the resource functions restored or preserved in terms of “credits”. The regulatory agency may approve the permittee the use of these credits. A mitigation bank is a set-aside aquatic resource for future preservation of wetlands, streams, vegetation, wildlife, hardwoods, and recreation. Wetland and Stream Mitigation Banks are regulated by the USACE and Species Conservation Banks are regulated by the US Fish and Wildlife Service (USFWS).
In-lieu fee (ILF). A permit applicant may make a payment to an ILF program to conduct a resource audit, restoration, creation, or preservation activity.
Permittee-Responsible. Resource restoration may be done on the project site or adjacent to it. The permittee is responsible for implementation and success of the mitigation project.
Pertinent Project Types. Projects requiring environmental mitigation
Responsible Party. Core team
Subtasks.
- Anchor: #FVOEAOLU
- Obtain environmental mitigation commitments made to the public and resource agencies. Anchor: #QRFMWBMD
- Obtain input from the project manager, drainage engineer, landscape architect, biologist, and archaeologist. Anchor: #JXCDADKP
- Prepare mitigation plan and specifications, as necessary. Anchor: #JFLSYJGF
- Prepare cost estimates for environmental mitigation measures.
Helpful Suggestions.
- Anchor: #OSGHPEYI
- Regional mitigation for wetland and wildlife impacts has advantages over isolated, smaller-scale environmental enhancements.
Critical Sequencing.
- Anchor: #NBXUYTBN
- The mitigation plan development schedule is usually driven by the permitting process.
Authority.
- Anchor: #PPONIONG
- Memorandum of Understanding with Texas Parks and Wildlife, 43 TAC Subchapter G Anchor: #YXCKAXYW
- Mitigation of Adverse Environmental Impacts, Transportation Code §201.617 Anchor: #WHWUNJKV
- USACE and EPA, 2008: Joint rule-making expanded the CWA §404(b)(1) Guidelines for more comprehensive standards for compensatory mitigation
Resource Material.
- Anchor: #CNEWQGEY
- Environmental Affairs Division Anchor: #XMTSYFTH
- Design Division – Landscape Section
30395: Notice of Availability
Description. A Notice of Availability (NOA) is published to inform the public and interested parties that documents are available for review and where to obtain them. The project sponsor shall maintain a list of elected officials, individuals, and affected interest groups and inform them of any public participation opportunities related to the project.
The NOA process is specified by document type. Notice of Availability is published in the Federal Register for federal assigned projects, Texas Register, online at Inside TxDOT “Get Involved”, and local newspapers.
A NOA is published for various document types.
- Anchor: #JVXUEXWR
- Environmental Assessment (EA) Anchor: #WVPEGWEI
- Finding of No Significant Impact (FONSI) Anchor: #UKXSTGOQ
- Draft Environmental Impact Statement (DEIS) Anchor: #NGTGBLOC
- Final Environmental Impact Statement (FEIS) Anchor: #LRTXLRYW
- Record of Decision (ROD)
Pertinent Project Types. Projects requiring an EA or EIS
Responsible Party. Core team
Subtasks.
- Anchor: #XSPXUQNN
- Submit draft document to Environmental Affairs Division for approval. Anchor: #FUBFPRLV
- Coordinate with Environmental Division to publish NOA.
Helpful Suggestions.
- Anchor: #PRAIMKGQ
- Obtain assistance from district environmental coordinator.
Critical Sequencing.
- Anchor: #EDCQUOGN
- Review and approval is needed before advertising a NOA.
Resource Material.
- Anchor: #YJEXUECK
- Online: Inside TxDOT, Environmental Affairs Division, Public Involvement Toolkit