New TxDOT ENV Processes To Reduce Time to Deliver Projects by 50%

Every Day Counts TAEP February 2011 Dianna F. Noble, P.E. Director, Environmental Affairs

Every Day Counts
Introduction
Planning and Environmental Linkages
Expanding Use of Programmatic Agreements
Use of In-Lieu Fee and Mitigation Banking
Enhanced Technical Assistance on Ongoing Environmental Impact Statements (EISs)
Legal Sufficiency Enhancements
Flexibilities in Right-of-Way
Conclusion

The environmental review process:
Leads to seamless decision-making that minimizes duplication of effort .
For transportation projects, the process is complex and must be completed for each project.
Involves more than just “NEPA.”
Involves compliance with state and federal environmental laws, regulations and agreements .
Requires public involvement and coordination.
Results in permits and other approvals .
Needs both document clearance and permits and other approvals to be released for construction.
Continues to be strengthened to improve predictability, efficiency, and effectiveness.
A. Introduction

B. Planning and Environmental Linkages
Purpose
Leads to seamless decision-making that minimizes duplication of effort
Promotes better stewardship
Streamlines project level work

What has been accomplished
2006 Linking Planning and NEPA Workshop (sponsored by TxDOT and FHWA)
NEPAssist training (sponsored by TPP, ENV and EPA)
NEPAssist rollout (sponsored by TPP, ENV and EPA)
Resource specific studies that have been completed by TxDOT
Certain MPOs conduct regional toll analysis and project-level Mobile Source Air Toxics (MSAT) analysis
Draft of Revised Environmental Process Framework emphasizes link

What has been accomplished (continued)
Several resource specific studies (completed and under development)
TxDOT Programmatic Type Agreements promote these types of studies
Achieve agreement for avoiding, minimizing and mitigating any impacts at the program level
Result in improving predictability at project level

HOU/FTW/Statewide PALM
Adobe in Texas (ELP, ODA, LRD)
Historic Bridge Inventory (Statewide)
Historic Bridge Programmatic 4(f) (Statewide)
Texas General Aviation: Survey Methodology and Historic Context (Statewide)
Historic Ranch Study in South Texas (CRP, LRD, PHR)
Field Guide to Gas Stations (Statewide)
The Development of an Agricultural Landscape along the US 77 Corridor (ABL, WFS)
Field Guide to Industrial Properties in Texas (LRD, PHR)
Multiple-Scale Habitat Models of Rare Plants (PHR, LRD, CRP)
Houston Toad Habitat Model (AUS, BRY, YKM)
Navasota Ladies’ Tresses Model (BRY, YKM)
Stormwater Quality Benefits of a Permeable Friction Course (Statewide)
Stormwater Quality Documentation of Roadside Shoulders Borrow Ditches (Statewide)
Completed Resource Specific Studies include:

Potential Archeological Liability Map (PALM)
consists of map and explanatory documents
allows planners and archeologists to identify areas that have a low, medium, high potential with preserved sites
determine whether to survey
determine survey method

What needs to be accomplished
ENV developing Standard Operating Procedures (SOPs) regarding the procedures to follow to determine what information is reflected in resource specific studies and planning documentation
ENV developing Standards Of Uniformity (SOUs) regarding what to reference in NEPA document from resource specific studies and planning documentation
Proposed research 0-6701: Linking Regional Planning in support of NEPA
Integrate using planning documentation, resource specific studies, corridor/feasibility studies as part of the Revised Environmental Process Framework

What needs to be accomplished (continued)
Continue to identify and conduct resource specific studies
Conduct a webinar on the resource specific studies
ENV will continue to work with TPP, FHWA and MPOs

C. Expanding Use of Programmatic Type Agreements
Purpose
Establish expectations and agreement
Establish criteria and thresholds that provide more predictability in project review and coordination
May result in TxDOT certifying for compliance
Will result in more predictability in reviews and approvals by approving agency
Increases effectiveness, efficiency and predictability

TxDOT has 27 Programmatic Type Agreements

PCE w/FHWA
MOU w/THC
PA w/ SHPO & FWHA
3 MBI (wetlands)
MOU w/TPWD
MOA w/TPWD (habitat)
MOA w/TPWD (NDD)
PAFBE w/USFWS & FHWA
14 PAs w/Tribes & FHWA
MOU w/ TCEQ
IAC w/ TCEQ (WPAP)
Emergency Procedures w/USACE
List of agreements in place:

Memorandum of Understanding (MOU) with THC and Programmatic Agreement (PA) with State Historic Preservation Officer (SHPO) & FHWA
Establishes staff and reporting standards
Establishes review thresholds and review time (20 days)
Allows for completing certain activities: after NEPA, before construction, during construction or within a certain timeframe
Allows ENV CRM staff to approve certain projects
Allows ENV CRM staff (in lieu of FHWA) to coordinate projects with SHPO

Several other agreements are in development or being updated

D. Expanding Use of In-Lieu Fee and Mitigation Banking
Purpose
The permitting process is a major component of project development and delivery
These types of efforts establish expectations and agreement for mitigation at a program level
Save time
Increase predictability
Expedite project permitting and other approvals by approving agency

Three TxDOT Mitigation Banking Instruments (MBI)
Private mitigation banks
Local government habitat conservation plans
In-lieu fee programs
Ecological
Texas Environmental Resource Stewards (TERS)
Task Force on Economic Growth and Endangered Species

Three Mitigation Banking Instruments
Establishes criteria for using banks for mitigating impacts to wetlands
Criteria includes demonstrating avoidance/minimization
Project must be within certain watersheds

Need to advance the concept of stacking
Need to finalize the SOP for completing a Section 7 process under Endangered Species Act (ESA) while using a Section 10 regional Habitat Conservation Plan (rHCP)
Complete a Section 7 project using an rHCP (underway)
Complete a Section 10 project using an rHCP (underway)
Continue to work through issues with TERS and Task Force on Economic Growth and Endangered Species
Continue to promote and implement Ecological

E. Enhanced Technical Assistance Ongoing EISs
Purpose
FHWA teams will focus on facilitating interagency coordination;
Collaboration to resolve outstanding issues;
Provide peer–to–peer activities, workshops, training, or specialized on–site assistance and
Establish criteria and thresholds that streamline project review and coordination

Ongoing meetings between FHWA, districts and ENV for various projects
Interim One and Done Policy implemented
Districts and ENV informally coordinating the development of project schedules with FHWA
Common Comments September 2010 VTC and October 2010 Webinar
11/29/10 Partnering Workshop
Draft of Revised Environmental Process Framework

One and Done Policy Intent
Promote Quality/Minimize Back and Forth
What Generates Comments
Missing information/Incomplete information
Conclusionary statements
Old data
Inconsistency in data
Poor quality
Comments Will be Categorized
Editorial/Substantive/Critical
Critical Comments Must Be Addressed/Automatic Meeting
Refer to Common Comments Document
Technical Assistance upon Request

Revised Environmental Process Framework
Environmental risk screening assessment
Including, gathering planning documentation, resource specific studies and corridor/feasibility studies
Environmental Compliance Action Plan (EPMP)
Technical reports and that are used to develop the NEPA documentation
The process promotes environmental planning and quality planning

Need to finalize and distribute Common Comments
Revise and formally distribute Interim One and Done policy
Need to formalize meeting minutes, including spelling out action items, who is doing what, agreement on minutes
Measure quality of documents based on comments received by FHWA

Need to implement Revised Environmental Process Framework and related criteria, SOUs, SOPs and outreach to educate
Need to formally coordinate the development of project schedules with FHWA. SOP will be developed based on 11/29/10 Partnering Workshop
Need to work with FHWA to get copies of USACOE floodway projects
Pursue an agreement with the USACOE regarding 208/408 reviews

F. Legal Sufficiency Enhancements
Purpose
Consult with FHWA environmental attorneys at early decision points to avoid problems later, saving time and costs.

ENV includes reviews by OGC and outside counsel on certain projects
Monitor effectiveness of involving OGC and outside counsel based on FHWA comments
F. Legal Sufficiency Enhancements

G. Flexibilities in Right-of-Way
Purpose
Improved coordination of Right-of-Way (ROW) activities with other key project development actions (including NEPA)
Stay within existing regulations and statutes

43 TAC Chapter 2 provides for donation; hardship; demonstrated corridor preservation; options
Research 5478-1 Identifying Right-of-Way Requirements During the Project Development Process included environmental process type information that would assist in streamlining the right of way process
Have processed several environmental documents for parcel specific advance acquisitions including options
Jointly developed guidance on advance ROW acquisitions (Environmental Guidance Regarding Early Right-of-Way Acquisition)
ENV has developed SOUs regarding advance ROW acquisition
Environmental Tracking System (ETS) provides estimator based on the number of parcels needed and lead time needed to complete NEPA
Needed parcels is considered in priority framework for ENV project reviews

The related SOUs for CEs are available at: ftp://ftp.dot.state.tx.us/pub/txdot-info/env/standards_uniformity.pdf
See chapters 17 and 18.
This is the quickest way to determine what should be analyzed and reflected in the CE document.
The requirements of these chapters would not differ for any NEPA classification.
Chapter 17 deals with CEs prepared to acquire ROW prior to construction.
Chapter 18 deals with projects incorporating ROW that has already been acquired.

ENV is developing an SOU and an SOP on easements
ENV is developing an SOU and an SOP on utility adjustments

Every Day Counts
TxDOT is committed to working with our local government/state/federal resource agencies and consultant partners to make more effective and efficient these processes while ensuring compliance with all applicable state and federal environmental laws, rules and regulations.
Every Day Counts!

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New TxDOT ENV Processes To Reduce Time to Deliver Projects by 50%

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New TxDOT ENV Processes To Reduce Time to Deliver Projects by 50% — Presentation Transcript