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Transportation for Communities - Advancing Projects Through Partnerships


Applications - Environmental Review Merged With Permitting

Environmental review merged with Permitting represents the regulatory process that encompasses the actions required under the National Environmental Policy Act (NEPA), the Clean Water Act, the Endangered Species Act, and various other state federal regulations. Environmental review is generally the last step in the planning process for a transportation improvement, and is followed by final design and construction. When preliminary design is included in the environmental review process, it is often referred to as project development.

Often, the environmental review process is contentious, which can lead to significant project delays and frustration on the part of partners, stakeholders and the general public. TCAPP is built on the principle that collaboration throughout the entire transportation decision making process can streamline environmental review and lead to broadly-accepted, context-sensitive transportation improvements. The Decision Guide provides further information on the ways that collaboration can be incorporated at specific points or key decisions, within the environmental review process, including links to relevant case studies and links between these key decisions and those in the long range planning, programming, and corridor planning phases.

To get a snapshot of each Key Decision, roll over the Decision Guide graphic below. Click on any individual Key Decision to access detailed information including: purpose and anticipated outcomes; partner roles; integration with external planning processes; linkages across phases; questions to assist decision makers; and data, tools, technologies that support the decision.

Key Decisions that are grayed-out have no specific relevance to the individual Practical Application or topic area but are still accessible from this graphic.

Dg-darkgrey-titlebar-corner-left LONG RANGE TRANSPORTATION PLANNING

LRP-1

The scoping key decision involves a broad assessment of the data, decisions, and relationships to consider, acquire, or make throughout the entire long range transportation plan (LRTP) process.

LRP-1 Approve Scope of LRTP Process
LRP-2

At this key decision, the community's values, whether stated as a vision and goals or simply agreed upon by the stakeholders for the planning area, are used to guide the transportation-specific vision and goals.

LRP-2 Approve Vision and Goals
LRP-3

At this key decision the evaluation criteria, methodology and performance measures are approved that will allow decision-makers to compare scenarios to the vision and goals and to one another.

LRP-3 Approve Evaluation Criteria, Methods and Measures
LRP-4

The approved list of specific corridors, roads and areas which are deficient identified at this key decision serves as a basis for problems and opportunities addressed in both the corridor planning and environmental review processes.

LRP-4 Approve Transportation Deficiencies
LRP-5

At this key decision information from the Programming / Fiscal Constraint Phase is introduced into the LRTP decision making process.

LRP-5 Approve Financial Assumptions
LRP-6

Strategies are developed to address the deficiencies identified in LRP-4. A strategy is a specific tactic or policy employed or recommended by an organization.

LRP-6 Approve Strategies
LRP-7

Scenarios are based on approved strategies and are compared using the evaluation criteria, methodology and performance measures.

LRP-7 Approve Plan Scenarios
LRP-8

At this key decision, a preferred plan scenario is adopted for inclusion in the Draft LRTP.

LRP-8 Adopt Preferred Plan Scenario
LRP-9

Air Quality conformity analysis is done within the air quality process in order to validate that the preferred scenario meets current conformity requirements.

LRP-9 Adopt Finding of Conformity by MPO
LRP-10

At this key decision a final plan is adopted by the MPO board.

LRP-10 Adopt LRTP by MPO
LRP-11

This is a legally required decision consisting of the federal approval of conformity of the LRTP.

LRP-11 Approve Conformity Analysis

Dg-darkgrey-titlebar-corner-left PROGRAMMING

PRO-1

This key decision establishes the revenue basis for both the fiscal constraint of the long range plan as well as the funding sources for the TIP.

PRO-1 Approve Revenue Sources
PRO-2

This key decision establishes a consistent methodology for estimating project costs for both the long range transportation plan and the TIP.

PRO-2 Approve Methodology for Identifying Project Costs and Criteria for Allocating Revenue
PRO-3

This key decision establishes the list of projects drawn from the long range plan or corridor planning process that will be considered for funding in the TIP.

PRO-3 Approve Project List Drawn from Adopted Plan Scenario or Solution Set
PRO-4

At this key decision, the approved project list is prioritized using the methodology previously developed.

PRO-4 Approve Project Prioritization
PRO-5

At this key decision project priorities are compared to available funding within program restrictions to select those projects to be included in the TIP.

PRO-5 Reach Consensus on Draft TIP
PRO-6

At this key decision, the MPO adopts the TIP. Before the MPO can do this, comments on the draft TIP must be addressed and a final TIP must be produced.

PRO-6 Adopt TIP by MPO
PRO-7

The Governor or designee should ensure that the TIP meets other state and federal requirements so that the TIP can be incorporated into the STIP and be in agreement with the state document.

PRO-7 Approve TIP by Governor and Incorporate into Draft STIP
PRO-8

At this key decision the draft STIP is developed to release for public comment.

PRO-8 Reach Consensus on Draft STIP
PRO-9

In order to meet federal requirements, the STIP must meet conformity and fiscal constraint, where required.

PRO-9 Approve STIP with respect to Conformity and Fiscal Constraint

Dg-darkgrey-titlebar-corner-left CORRIDOR PLANNING

COR-1

This is a crucial first step of corridor planning.

COR-1 Approve Scope of Corridor Planning Process
COR-2

The full range of deficiencies and opportunities within a corridor are defined at this key decision.

COR-2 Approve Problem Statements and Opportunities
COR-3

At this key decision a broad range of transportation, community, and environmental goals are considered which are specific to the corridor.

COR-3 Approve Goals for the Corridor
COR-4

In order to provide a clear linkage to the environmental review process, this key decision defines the acceptable level of detail for the corridor study analysis.

COR-4 Reach Consensus on Scope of Environmental Review and Analysis
COR-5

At this key decision, evaluation criteria, methodology and performance measures are approved that will allow decision-makers to compare solutions that address the corridor's opportunities and problems and are consistent with the approved corridor goals.

COR-5 Approve Evaluation Criteria, Methods and Measures
COR-6

A range of approved solution sets for the corridor results from this key decision.

COR-6 Approve Range of Solution Sets
COR-7

At this key decision, a preferred solution set is adopted for inclusion in the Corridor Plan.

COR-7 Adopt Preferred Solution Set
COR-8

At this key decision priorities for implementation of the individual solutions are established.

COR-8 Approve Evaluation Criteria, Methods and Measures for Prioritization of Projects
COR-9

Individual projects within the adopted preferred solution set are ranked in order to identify the appropriate sequencing for implementation.

COR-9 Adopt Priorities for Implementation

Dg-darkgrey-titlebar-corner-left ENVIRONMENTAL REVIEW/NEPA MERGED WITH PERMITTING

ENV-1

Consensus is reached on the data, decisions and relationships that need to be considered, acquired or made throughout environmental review and permitting. The scope is informed by the adopted plans and current information from plans in process. Relationships with planning partners are formed.

ENV-1 Reach Consensus on Scope of Environmental Review
ENV-2

This key decision is required to satisfy the legal requirement of publishing a Notice of Intent (NOI) to inform partners and the public of the commencement of the environmental review phase.

ENV-2 Approve Notice of Intent
ENV-3

Document the agreed to purpose and need for both NEPA and the Section 404 permitting process. Integration with land use partners and stakeholder input are important at this step, to substantiate and refine the project purpose and need. There is a strong relationship between this key decision and the planning processes.

ENV-3 Approve Purpose and Need/Reach Consensus on Project Purpose
ENV-4

Consensus on an initial geographic area of study (the area within which any alternatives will fall) is reached. The study area is closely linked to the purpose and need and is informed by transportation and other planning processes.

ENV-4 Reach Consensus on Study Area
ENV-5

Evaluation criteria, methods and measures are used to compare how alternatives meet the purpose and need. The criteria used in long range and corridor planning as well as land use, ecological planning and capital improvement data are considered.

ENV-5 Approve Evaluation Criteria, Methods and Measures
ENV-6

A full range of possible project alternatives to meet the purpose and need is identified. Information about both selected and eliminated scenarios and solution sets from long range transportation planning and corridor planning inform the range of alternatives approved at this step.

ENV-6 Approve Full Range of Alternatives
ENV-7

This shared step between the NEPA and permitting processes involves the approval of the alternatives that are suggested to be carried forward. There is essential information created in long range planning and corridor planning that informs this decision.

ENV-7 Approve Alternatives to be Carried Forward
ENV-8

This is a formal approval point at which the Draft EIS with conceptual mitigation is approved and circulated for public review. Land use partners indicate their support of any land use policy changes that would be required to implement the recommendations in the Draft EIS.

ENV-8 Approve Draft EIS with Conceptual Mitigation
ENV-9

This key decision is required to satisfy the regulatory requirement for Section 404 permitting that the public receive notice of a permit application.

ENV-9 Approve Resource Agency Public Notice
ENV-10

Decision makers approve a preferred project alternative/LEDPA using input from stakeholders, planning partners, and detailed information about potential impacts, and validate that the preferred alternative is consistent with the LRTP and TIP/STIP.

ENV-10 Approve Preferred Alternative/
LEDPA
ENV-11

This decision is a required procedural step in the Section 404 permitting process. At this step, a final determination of jurisdictional waters of the United States in the project area is made.

ENV-11 Approve Final Jurisdictional Determination
ENV-12

Following selection of the preferred alternative/LEDPA, partners reach consensus on additional avoidance and minimization measures not included in the preliminary design.

ENV-12 Reach Consensus on Avoidance and Minimization for the LEDPA
ENV-13

A final EIS is approved that meets all legal requirements and addresses comments received on the Draft EIS.

ENV-13 Approve Final EIS
ENV-14

At this step in the environmental review phase, the Record of Decision is issued.

ENV-14 Approve the Record of Decision
ENV-15

At this final step in the environmental review phase, the final permit decision is rendered.

ENV-15 Render Permit Decision and Approve Avoidance and Minimization
THE TRANSPORTATION FOR COMMUNITIES APPROACH

The TCAPP approach integrates collaborative successful practices into the standard environmental review process driven by federal regulations. Supporting information is provided through the Decision Guide. Read More...
There are several aspects of the Decision Guide approach to environmental review that enhance collaboration in the highly procedural NEPA process beginning with the underlying assumption that NEPA and the Section 404 permitting process have been merged. Other important features of this approach are:
  • A specific decision point for approval of evaluation criteria, methodology, and performance measures
  • A purpose and need informed by the goals and vision established in earlier planning (long range and/or corridor planning)
  • Alternatives analysis informed by the input received from long range planning
  • Early and continuous collaboration with formal partners
  • Early and continuous interaction with stakeholders and the public

For more about this approach, see Decision Guide Basics.

HOW CAN TCAPP HELP ME...

Agreement on Necessary Level of Analysis Detail

A collaborative approach to project scoping is a key element of the TCAPP environmental review at the first key decision (ENV-1): is to reach consensus on the scope of the review. The Decision Guide provides detailed information to support scoping, including an outline of the types of data that should be acquired and supporting tools that can be used. Since the scoping step is linked to long-range and corridor planning, the data collected during those phases is brought forward and incorporated. Collaboration with partners and stakeholders at this step helps achieve agency buy-in on the types of data and level of detail to be used.

Purpose and Need Definition

The Decision Guide defines a key decision for the definition of purpose and need (ENV-3) as part of a collaborative environmental review process. Linkages to long-range and corridor planning are made at this point to ensure that the purpose and need of a project is consistent with the deficiencies approved during long-range planning and the problem statements approved during corridor planning. By linking these key decisions, the purpose and need statement is built on a solid foundation rooted in collaboration planning with partners and stakeholder collaboration. Questions have been developed in the decision guide to aid in addressing partner and stakeholder interests. The Decision Guide also integrates the approval of purpose and need with land use and capital improvement plans, in order to identify related needs that could be addressed by the transportation project.

Maintaining Agency and Public Involvement

Collaboration with agency partners and public stakeholders is a central tenet of TCAPP. Collaboration Assessment allows users to assess their existing planning processes and suggests resources and approaches that can be used to improve collaboration in the process. The Decision Guide provides detailed information on each key decision in the environmental review process, including information on how agencies and stakeholders should be involved at that step and a set of questions that represent partner and stakeholder interests. Additionally, a Practical Application has been developed to provide additional support on the topic of Stakeholder Collaboration.

Satisfying Different Agency Missions and Goals

Using the TCAPP approach, agency partners are involved in substantive roles throughout the transportation decision-making process. If agency partners have involvement in decisions made in long-range and corridor planning, they will have more understanding of projects and buy-in to the process when projects reach environmental review. Collaboration Assessment can be used to assess the level of agency collaboration within a given environmental review process and to find potential tools, actions, and process improvements to address weaknesses in the existing process. How Does My Agency Fit In? highlights the roles and interests of agency partners at each step throughout the transportation decision making process, and can help agencies understand how they fit into the big picture.

Examples of Collaboration in Environmental Review and Permitting

TCAPP provides case studies of environmental review and permitting processes that have successfully incorporated collaboration and other innovative practices. Several case studies are particularly relevant, including the US 24 project in Ohio and Indiana, the US 285 project in Colorado, and the US 64 project in North Carolina.

We invite your comments/concerns about this website and its contents. Please send us an email at transportationforcommunities@gmail.com.