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Transportation for Communities - Advancing Projects Through Partnerships



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ENV-1
Reach Consensus on Scope of Environmental Review

Description: The scoping key decision is a crucial first step of the environmental review phase. Consensus is reached on the data, decisions and relationships that need to be considered, acquired or made throughout environmental review. The scope is informed by the adopted long range transportation plan and corridor plans as well as current information being developed from plans in process.

Relationships with planning partners are formed during scoping. TCAPP primarily addresses the role of the US Army Corps of Engineers (USACE) as the agency responsible for issuing permits under the Clean Water Act. However, relationships should be formed with all agencies who will be responsible for issuing permits for the proposed action at the federal and state levels or who have some degree of authority over the NEPA process. For example, if listed species are present in the vicinity of the project, informal consultation with the Fish and Wildlife Service (FWS) should be initiated. Under Section 309 of the Clean Air Act, the US Environmental Protection Agency (EPA) reviews all actions requiring an environmental impact statement. The relationship with EPA within the NEPA process is also initiated at this key decision.

In addition to relationships, scoping is a time to begin identifying the process and methods that will be used for the environmental review.

There is information developed in Long Range Planning and Corridor Planning that informs this step.



  • Basics
  • Integration
  • Decision Making Questions
  • Case Study Examples
  • Technical Support
  • Special Topics

Purpose

• To gather all readily available information to inform the development of the scope, approach, and timeframe.
• To meet the federal regulations for conducting scoping.

Outcome

• Agreement among planning partners on the overall approach, scope, and anticipated timeframe for the NEPA and permitting process.
• Information to create the notice of intent.
• Agreements between partners on participation.


Partner Roles

FHWA

Decision Maker

Ensures that the environmental review process is inclusive, considers a wide range of options, and meets federal requirements

MPO

Advisor

Provides support as needed for project scoping in the urban area based on regional information from the LRTP and the TIP

Resource Agency

Decision Maker

The USACE is a decision maker, reaching consensus on a scope that is built on planning in the LRTP/corridor process, environmental planning, and sufficiently broad to consider all options. Identify and support the use of an ecological planning region, ecological goals and conservation priorities to the extent possible. Agree to work with transportation partners in a process that is streamlined by earlier agreements and actions.

The US EPA is an Advisor to this key decision. Pursuant to Section 309 of the Clean Air Act, the USEPA is required to review and comment in writing on all actions requiring an environmental impact statement.

State DOT

Decision Maker

Ensures the project scope is comprehensive and inclusive of all interested parties


Process

Integration Type

Integration Description

Land Use and Smart GrowthDataLocal area plans or policies and zoning that identify land use related physical data, growth patterns and forecasts, goals, and partnerships for the study area that should be incorporated in the environmental review process.
Decision• Purpose - To establish participation of land use stakeholder in the process.
• Outcome - Participation of land use stakeholder in the process.
Air Quality ConformityDataRelevant data for air quality, including information about emissions budgets and potential partnerships
Natural Environment and the IEFData Between IEF Step 1 - Build & Strengthen Collaborative Partnerships & Vision and ENV-1 Any relationships formed between resource agencies, conservation NGOs and transportation agencies as part of transportation planning or IEF Step 1 are recognized, reinforced and strengthened.

Information about the ecological planning region identified at IEF Sub-step 1a is gathered and will inform the development of a study area at ENV-4.

The ecological goal data from IEF Sub-step 1d is collected. This data should have been considered during scoping in long range planning and/or corridor planning, but partners can confirm that ecological goals were appropriately considered and can determine whether the data has been updated or if there is more specific information relevant to the project.

Decision Between IEF Step 1 - Build & Strengthen Collaborative Partnerships & Vision and ENV-1 A joint decision is made between transportation and resource agency partners to work together to maximize the ecological benefit and regulatory process efficiencies that can be achieved. If an ecological plan has been completed, this decision could be to implement the agreements consistent with IEF Step 8 (Implement Agreements and Adaptive Management. Deliver Conservation and Transportation Projects).
Data From IEF Step 2 - Characterize Resource Status & Integrate Natural Environment Plans Combined map of conservation, restoration and enhancement priorities.
Data From IEF Step 3 - Create Regional Ecosystem Framework Combined map of conservation, restoration and enhancement priorities with transportation plan informed by long range planning and/or corridor planning.
Data From IEF Step 8 - Implement Agreements, Adaptive Management & Deliver Projects Ecological plan and embedded regional ecosystem framework; vision and goals; evaluation criteria, methods and measures; crediting method; mitigation strategy.
Capital ImprovementDataCapital improvement related data and partnerships for the study area that should be incorporated in the environmental review process.
Safety and SecurityDataRelevant data for safety and security, including information about relevant plans and potential partnerships
Human EnvironmentDataRelevant data for human environment, including information about protected resources and potential partnerships
Economic DevelopmentData• Economic development data (existing reports, information, and performance indicators)
• Economic development planning stakeholders
• Underlying "economic development philosophy" of the region and/or state
AnalysisEconomic development related analysis from long range planning and corridor planning or an adopted land use or economic development plan.
Greenhouse GasDataInformation about stakeholder interest in GHG, relevant policies and plans, and data availability for analysis.

Linkages to other Phases of Transportation Decision Making

Key Decision

What is Linked?

Purpose of Linkage

From Long Range Transportation Planning

LRP-1 - Approve Scope of LRTP Process

Relevant information in the long range plan scope; including potential stakeholders, available tools and data sources, known human and natural environmental considerations, and others

To inform the scope of the environmental review and permitting process

LRP-2 - Approve Vision and Goals

The vision and goals of the LRTP

To inform the scope of the environmental review and permitting process

LRP-6 - Approve Strategies

The approved range of strategies

To provide a regional context of the range of strategies to inform the environmental review/ permitting phase

LRP-10 - Adopt LRTP by MPO

Relevant information from the adopted long range plan, including strategies and scenarios that were evaluated and eliminated

To inform the scope of the environmental review and permitting process

From Corridor Planning Studies

COR-1 - Approve Scope of Corridor Planning Process

Relevant information in the corridor plan scope; including potential stakeholders, available tools and data sources, known human and natural environmental considerations, and others

To inform the scope of the environmental review and permitting process

COR-3 - Approve Goals for the Corridor

The goals of the corridor plan

To inform the scope of the environmental review and permitting process

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

Agreement between the partners as to the scope of environmental review and analysis to support the corridor planning process.

To provide an understanding of the requirements and perspectives of the environmental planning partners

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

Priorities for implementation of the individual solutions contained in the preferred solution set

To inform identification of logical termini, study area boundaries and potential sequencing of related projects.

From Integrated Programming and Fiscal Constraint

PRO-4 - Approve Project Prioritization

Detailed information that informed the prioritization of this project, for example local support, project readiness, and cost sharing.

To inform the establishment of logical termini with respect to the approach, scope, and timeframe.

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

Funding and schedule provided by the adopted TIP

To make a comparison between the TIP schedule and the estimated timeframe within the environmental review and permitting process. TIP project cost as a context to carry forward through environmental review and permitting.


Policy Questions

Questions about purpose and roles

Are partners' roles and responsibilities clear?

Is there a formal interagency conservation and transportation partnership agreement?

Questions about stakeholders

Are all stakeholders aware that a P3 is either being considered or implemented?

Have all private entities involved in the P3 project been identified and included?

How can we ensure participation and accountability from the private sector throughout the environmental review process?

How will potential private sector developers be involved in the NEPA and permitting processes?

Is there or will there be a formal pre-development agreement for a public-private partnership? If so, what should be the terms of a pre-development agreement?

What stakeholders should be included? Are participants' roles and responsibilities clear?

Who are our proponents and opponents?

Questions about the transportation process supporting the decision

Are our tools up to date and sufficient for this process?

Are there emerging issues that affect this corridor?

How were the termini identified?

Is the identified geographic area sufficient to analyze both direct and indirect effects?

Is the study process established to meet legal requirements?

Over what time frame is the P3 financing available?

What data are available? Are the data sufficient?

What is our time frame for construction?

What is our time frame for the environmental study?

What is the geographic footprint of the initial study area?

Questions about other phases

Is information available from long range planning / corridor planning to inform the consideration of cumulative effects within the consideration of alternatives?

Is the project description from previous planning / programming processes sufficiently detailed enough to get meaningful input but broad enough not to constrain the decision making process?

Is there information from long range planning, corridor planning, or programming related to a P3 arrangement? Information may include potential project impacts, financial implications, project scope, financial analyses, and timeframe?

What changes have occurred in the financial and revenue assumptions that make a P3 project attractive?

What does the long range and/or corridor plan say about this project?

What major changes have occurred since the LRTP and/or Corridor plan?

What plans and programs and linking documents from long range transportation planning and corridor planning are available? Are they carried forward in a consistent manner as tools or data sources?

Questions about non-transportation sectors/processes

Are there adopted land development objectives exist in the area of influence that support the reduction of GHG? If so, how would the project impact those objectives?

Are there GHG-related findings from long range planning, programming and/or corridor planning studies?

Are there jurisdictions in the region with GHG-related policies or targets?

Have land use patterns and growth forecasts been considered in defining the planning region? If so, is there information specific to the project area to consider?

How does the project relate to regional, state, or federal GHG-reduction policy/goals?

Is there agreement in the general area of the project with respect to economic and land use impacts?

Is there agreement in the region with respect to an underlying economic development philosophy or vision that the corridor plan supports?

Is there agreement on the planning region with respect to ecological assessment?

Is there an advance mitigation strategy in place for potential negative economic impacts?

Is there an advance mitigation strategy in place?

What are the other transportation projects and area plans that could influence future travel demand, movement patterns, and GHG emissions?

What data is available from local economic and financial investment plans and programs that support the development of a P3 project?

What is the lead agency's policy on assessing GHG emissions? What other federal, state, and local policies apply?

What local community, economic, and land use plans and programs are available as resources?

What plans and programs are available as resources?

What project features lend themselves to a potential change in GHG emissions and differences between alternatives from the perspective of traffic and other factors?

What relevant emission sources will be considered in the environmental review? Is a lifecycle emissions analysis for various project components warranted?

Questions to Gather Stakeholder Interests

How should we engage the public in these decisions? Who, of the public, should be involved?

What are the things you value and care about in and near the project area?

What are your concerns?

What data is necessary?

What information can you provide us?

Where and how do you define your community boundaries?

Questions to Incorporate Stakeholder Interests

Have we conveyed information about a potential P3 project to stakeholders? What feedback have we received and how will it be incorporated?

How did we incorporate the stakeholders' input into the public involvement plan, scoping, and the rest of the project?

What information that the stakeholders provided is different from information in previous plans? If it is inconsistent, how are we going to address these inconsistencies?

What is the rationale for how we handled information from the stakeholders? How has this been communicated to the stakeholders?


Supporting Data for the Key Decision

InfoThe following is a list of data needed to support the key decision. Practitioners collect this information for decision makers to consider. You may add to this list using the comment box at the bottom of the page.

From other phases of transportation decision making

Long Range Planning

The extent of time that has passed since the LRTP update and what might have changed in that time.

Programming

Data from the TIP/STIP, including the prioritization of projects and schedule, related projects, logical termini, and funding identified for the project.

Analysis of financing and revenue potential of project (LRP-7) Programming project solution (PRO-4)

Corridor Planning

The extent of time that has passed since the corridor plan was adopted and what might have changed in that time.

Transportation planning in the corridor area

Corridor solution set evaluation (COR-7)

Environmental Review

No Specific Data

From other sectors and processes

Land Use and Smart Growth

Land use plans/goals/data (this could incorporate areas of controversy, socioeconomic, demographics, natural resource, land use, etc.) for the study area that should be incorporated in the environmental review process.

Local area plans or policies and zoning

Air Quality Conformity

Relevant data for air quality, including information about emissions budgets and potential partnerships

Natural Environment and the IEF

Conservation planning (ecoregion, watershed) boundaries

Relationships formed between resource agencies, conservation NGOs and transportation agencies

Combined map of conservation, restoration and enhancement priorities

Ecological plan and embedded regional ecosystem framework; vision and goals; evaluation criteria, methods and measures; crediting method; mitigation strategy

Capital Improvement

Project detail information from those projects currently in development or construction.

Transportation planning ( city, county)

Other capital improvement plans or development plans

Safety and Security

Safety and security plans and stakeholders: freight, emergency management, SHSP, etc.

Relevant data for safety and security, including information about relevant plans and potential partnerships

Human Environment

Relevant data for human environment, including information about protected resources and potential partnerships

Economic Development

Economic development data, stakeholders and philosophy

Greenhouse Gas

GHG-related data from long range transportation plans, corridor plans and programming studies

Travel forecasts used in previous studies

Land use and economic development plans and objectives in the area of project influence

Applicable GHG emission assessment policies

From the transportation technical process supporting this key decision

Demographic data (Population, employment, special populations)

Multimodal data such as transit operating plans and schedules, bicycle and greenway plans

Traffic count data, crash data, bridge data, and other engineering support data

If PDA exists, relevant data from private sector stakeholder

From stakeholder collaboration

Emerging issues that may impact the project

Proponents and opponents of the project

Summary of comments from the public

Identified stakeholders to include in the process (including the full range of transportation, land use, environmental, community, and advocacy stakeholders as well as special needs or special interests including developers if the project could be developed through a P3.)

Public involvement plan or policy

Memorandum of Agreement or decision by stakeholders to participate

From public private partnership

No Specific Data

Supporting Tools and Technology

Category

Detail

Communication

GIS Tools: Used to communicate geographical extent of project area, to aid decision-makers in reaching consensus on NEPA scope.

Gathering

Database Tools: Used to access past MPO certification reviews, for framing the current NEPA analysis.

 

GIS Tools: Used to gather spatial data on study region to determine the appropriate scope of NEPA analysis.

 

Information Seach Tools: Used to search for updates on emerging issues which may affect the NEPA analysis, including issues such as climate change or other topics that are new to the field. Can include internet tools such as Google Search.




Key Decision Relationship to Other Topics

Topic Description
Streamlining a Bottleneck Project
Scope of Environmental Review for Bottleneck Process - Documented agreement and supporting information moves from LRP to Environmental Review and Permitting to support project streamlining. From this point the Environmental Review phase follows the normal process
Data Transfer - From B-101 the agreement and supporting information supports scoping. From PRO-6 to provide funding for Environmental Review
Visioning and Transportation
Approve Scope - Identify partnerships from the community visioning process that can inform or be included in the environment review and permitting process.
Adopt Futures - Consider how the consensus vision and/or adopted future is supported by the environmental review process.
Data Transfer - Relevant information on the consensus future from visioning and previous planning efforts to LRP 1, COR 1, and ENV 2.
Public-Private Partnerships
Collect Information - Identify and collect the P3-relevant data and analysis capabilities, stakeholder perspectives and potential private sector participants. If a PDA exists, obtain all relevant data and information from private sector stakeholder to support the scoping process.
Data Transfer - Consider prior analyses of financing and revenue potential of the project and viability as part of the scenario evaluation (LRP-7), corridor solution set evaluation (COR-7), or programming project selection (PRO-4) along with collected data to inform the environmental review process with the potential for a P3 alternative, as appropriate.


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