WELCOME! Public Involvement 2 of 2: Public Involvement and NEPA

Transcription

1 WELCOME! Public Involvement 2 of 2: Public Involvement and NEPA September 14, 2016 ENV Conference Public Involvement 2 of 2: Public Involvement and NEPA September 14, 2016

2 Agenda 1. Introduction 2. Section 106 Laura Cruzada, Public Involvement Specialist, ENV Rebekah Dobrasko, Historic Preservation Specialist, ENV 3. NEPA Public Involvement Michelle Lueck, Project Delivery, ENV 4. Open Discussion 5. Wrap-Up ENV Conference Public Involvement 2 of 2: Public Involvement and NEPA September 14,

3 PUBLIC INVOLVEMENT Cultural Resources Management (CRM-ENV)

4 4

5 Historical Studies 5

6 2016 County Historical Commission Regional Meetings Know the TxDOT District Environmental staff contact. Be aware of role as a consulting party for TxDOT projects Respond to requests from TxDOT for input on historic bridges or other proposed road projects. Be familiar with proposed TxDOT projects in their county. 6

7 Best Practices When Reaching Out to CHCs Contact County Historical Commissions (CHCs) when: Bridge Replacement Performing Historical Studies surveys Historic properties are identified in the project s Area of Potential Effects Large and controversial projects 7

8 Best Practices When Reaching Out to CHCs Communication Two new letter templates: General CHC communications Planned bridge replacements 8

9 Best Practices When Reaching Out to CHCs Reminders 1. Do not assume CHC chairs share information with the rest of the CHC. 2. Consider a longer response period than 30 days. 3. Follow up with the CHC if the project design changes significantly, especially if it changes because of their feedback. 4. Track your communications. 9

10 Archeological Studies Tribal Consultation Tribal Rights and Interests Empower Tribes Tailor Sec. 106 Consultation Throughout the agency and processes Engage leadership and promote consultation Facilitate meetings between tribes and transportation planners Improve internal processes within Environmental Division Research, Training and Activities Newsletters Trainings, webinars Peer and cultural exchanges/events Host face-to-face meetings Public outreach Face-to-Face and Relevant Increase transparency by sharing information and resources Develop processes tools for early coordination to focus consultation Engage early and often Vision TxDOT is a best-in-class agency that goes above and beyond the spirit of consultation to work collaboratively with federally recognized Native American tribes toward mutually beneficial outcomes during all levels of the transportation process. 10

11 Tribal Early Coordination Tool 11

12 Meaningful Public Involvement 12

13 Search Cultural Resources QUESTIONS? 13

14 NEPA PUBLIC INVOLVEMENT Michelle Lueck, ENV Project Delivery

15 Table of Contents Updates Meetings with Affected Property Owners Public Meetings Public Hearing Opportunity Public Hearing Section 4(f)/Chapter 26 ECOS

16 Updates The Public Involvement Toolkit updated Public Involvement Handbook updated Revised rules effective July 20, 2016 Documentation standards Notification changed to 15 days for public hearing 15 Day comment period for meetings and hearings Certification signature

17 MAPO/Limited Meeting Require minimal additional ROW Require detours or road/bridge closures Require temporary construction easements Projects that result in a change of access Projects requiring a minor location or design revision following approval of the environmental document and completion of public involvement (re-evaluation) Projects that will result in an adverse impact to a non-txdot owned property 17

18 MAPOs - Notification A MAPO is not just a notification. Affected property owners must be provided with an opportunity to comment. 18

19 MAPOs If notified by letter, recommend sending certified mail with 30 day deadline. 19

20 After Completing A MAPO Prepare a brief summary of the meeting Indicate any comments or concerns that were expressed by the affected property owners and how they were addressed Upload notifications, any responses received and summary to ECOS Complete the MAPO Form in ECOS 20

21 Public Meetings Documentation Requirements Cover Page 21

22 Public Meetings Documentation Requirements Comment Response Matrix Notices Contents Sign-in Sheets Comments Received Figures Changes as Result of Comments 22

23 Comment Response Matrix 23

24 Sign-in Sheets If a sign-in sheet is used, attendees addresses should generally not be collected. If the district, or the core team in the case of an EA or EIS, determine that there is a valid reason for collecting attendees addresses on the signin sheet (for example, to provide project updates, newsletters, or other information about the project by ), then any addresses provided by members of the public must be redacted from any publicly available documents and withheld from public disclosure in accordance with Texas Government Code (a). 24

25 PHO Documentation Certification 25

26 PHO Documentation A copy of the notification must be uploaded to ECOS Any request received, and written retraction if applicable Signed certification must be uploaded to ECOS Complete the Public Hearing Opportunity Form in ECOS 26

27 Public Hearings TxDOT Employee must initiate the hearing and be present for the entirety of meeting. 27

28 Public Hearing Documentation Requirements Documentation Requirements Cover Page 28

29 Public Hearing Documentation Requirements Documentation Requirements Comment Response Matrix Certification Notices Contents Sign-in Sheets Verbatim Transcript Comments Received Figures 29

30 Notice of Availability The project sponsor prepares and provides the NOA to the public, interested parties, and appropriate MPO and agencies with an interest in the project. The copy of a notice with instructions on how to access the document electronically, may be provided by if provided. The NOA for a draft EA can be combined with a notice of public hearing or an NAOPH. The project sponsor shall coordinate with the department delegate to publish the NOA on the official TxDOT website. The project sponsor, in collaboration with the department delegate, will publish in a local newspaper having general circulation in the area affected by the project a notice of availability regarding a draft EA for which no public hearing is held. The department delegate also must submit for publication a notice of availability regarding a DEIS, FEIS or ROD in the Texas Register or Federal Register. Include NEPA Assignment language in all notices for federal projects. 30

31 Notice of Availability Available Templates Draft EA Notice of Availability and Opportunity for a Public Hearing Draft EA and Notice of Availability and Public Hearing Final EA and FONSI Notice of Availability Draft EIS and Notice of Availability and Public Hearing FEIS-ROD Notice of Availability 31

32 Public Involvement for Section 4(f) Public Involvement requirement for a De Minimis 4(f) for parks and recreational facilities Public Notice is required Notice Covered under PM or PH Completed prior to coordination with OWJ Describe in PH/PHO Notices 4(f) Checklist 32

33 Public Involvement for Chapter 26 State requirement state and federal projects Public Hearing is required (Chapter 26, Parks & Wildlife Code) Notice of the public hearing is required to be published three times (30 days, 20 days and 10 days) before the hearing. Chapter 26 Checklist Note on PH Form in ECOS 33

34 Public Involvement for Chapter 26 Chapter 26 is triggered when there is a use or take from a public land designated and as a park, recreation area, scientific area, wildlife refuge, or historic site. Use: If the proximity of the undertaking activities causes the property to no longer function for its intended purposes. Take: Conversion of ROW or easement to a transportation use change in ownership. 34

35 Chapter 26 Under Section of the Texas Parks and Wildlife Code when public land is proposed for taking: State law requires that public hearing notices for the acquisition of public land be published for three consecutive weeks with the last publication not less than one week or more than two weeks before the hearing date. When a project affects publicly protected land, a separate written notice must be provided to the agency with jurisdiction over that land. The notice must be sent at least 30 days before the hearing date. 35

36 ECOS 36

37 ECOS Forms Tasks Reviews Documentation 37

38 ECOS FORMS 38

39 MAPO Form 39

40 Public Meeting Form 40

41 Public Hearing Opportunity Form 41

42 Public Hearing Form 42

43 ECOS REVIEWS 43

44 Reviews Go to Forms Screen in ECOS 44

45 Add a Deliverable 45

46 Add a Review 46

47 ECOS DOCUMENTATION 47

48 Upload Documentation to ECOS Upload all required documentation to the appropriate PI Form 48

49 NEPA PI Training ENV Public Involvement: Now Available Rules and procedures Determining the appropriate level of PI Detailed discussion on each type of PI When to conduct Notifications Documentation 49

50 Resources PI Toolkit 50

51 Resources PI Handbook 51

52 Open Discussion ENV Conference Public Involvement 2 of 2: Public Involvement and NEPA September 14,

53 Wrap Up ENV Conference Public Involvement 2 of 2: Public Involvement and NEPA September 14,