I-90 Tolling Project Request for Confirmation of Participating Agency Status and Scoping Notice

Transcription

1 From: Angove, Angela /O=WA.GOV/OU=WSDOT/CN=RECIPIENTS/CN=FREUDA To: FHWA Handel; Lindsey (FHWA) Cc: Subject: Need FHWA signature and distribution of I-90 Tolling invitation letters Date: 12/21/ :16:35 PM Attachments: NEPA_tribal participating letter.doc; I-90 Final Draft Legal Notice_ (2).doc; I- 90TribalConsultationPlan_DRAFT_1-13.doc Lindsey, Per my voic , here is the letter that needs to be sent out to the tribes for the I-90 Tolling Project. We plan to send out the other letters the first week of January. I will be out next week but tracking s and calls on my blackberry. Feel free to call if you need to before sending these out. There is some discussion about changing the location of the third scoping meeting-if that happens I will make sure to send you a revised scoping notice ASAP. Thank you! Happy Holidays! Angela Angove Project Environmental Manager 999 Third Ave. Suite 2424 Seattle, WA office (Mon, Tues, Thurs, every other Fri) cell (Wed) AngoveA@wsdot.wa.gov

2 January 4, 2012 The Honorable [name] [name of Tribe] [address] [City, State, Zip] Re: I-90 Tolling Project Request for Confirmation of Participating Agency Status and Scoping Notice Dear Chair[man / woman] [last name]: The Federal Highway Administration (FHWA), as the lead federal agency, and the Washington State Department of Transportation (WSDOT), as the project sponsoring agency, are initiating the process to study the potential effects of tolling Interstate-90 (I-90) from Intersate-5 (I-5) to Interstate-405 (I-405). The project limits on I-90 are milepost (MP) 0.00 and MP in King County, Washington. In accordance with the National Environmental Policy Act (NEPA) and our agency s environmental policies and procedures, an environmental assessment (EA) will be prepared to document the evaluation of alternatives, including the no-build alternative, and potential project effects. With this letter, we extend the {tribe} an invitation to become a participating agency with FHWA in the development of the NEPA document for the subject project in accordance with 40 CFR of the Council on Environmental Quality s Regulations for Implementing the Procedural Provision of NEPA and Section 6002 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). While SAFETEA-LU provisions do not apply to the project, FHWA and WSDOT will recognize the intent of the law by providing participating agencies, tribes, and public early opportunities to comment on draft environmental documents. Following is a project description. See Attachment 1 for the proposed project milestone schedule. Project Description WSDOT and FHWA are evaluating tolling to raise revenue for substantial transportation improvements in the Cross-Lake Washington Corridor and to help alleviate congestion on I-90 between I-5 and I-405. The study area for the project extends from Seattle to Bellevue for a total of approximately seven miles. All lanes in both directions of travel would be tolled. Tolling I-90 would generate revenue that would help fund a portion of the SR 520 Bridge Replacement and HOV Program. Tolling would also help improve travel conditions in this portion of the I-90 corridor. The project will include tolling gantries and associated cabinetry/communications infrastructure (on the I-90 mainline). Three tolling gantry locations will be analyzed including West of the Mount Baker Tunnel, the West side of Mercer Island, and the East side of Mercer

3 Island. WSDOT plans to start construction in 2015 and complete the project in 2016 pending legislative approval for tolling. Participating Agency Role Your participation as a Participating Agency is invited because it is likely that you have an interest in the project. Together, we could identify those environmental factors you consider to be most critical, and ensure that the NEPA EA would adequately address your concerns. As a Participating Agency, your tribe s involvement would entail those areas under its jurisdiction or interest. No direct writing or analysis will be required of your tribe for the document s preparation. However, we do hope that will tell us if, at any point in the process, your needs are needs are not being met. If you agree to continue as or become a Participating Agency, we will take the following actions to maximize interagency cooperation: Welcome your input to the proposed project milestone schedule (see attachment 1) Invite you to the EA and (anticipated) FONSI meetings Consult with you on any relevant technical studies that will be required for the project Provide you with study results, meeting summaries, and project information In addition to Government-to-Government consultation, invite you to agency, tribal, and public involvement activities Provide a review copy of the draft methodology reports and technical studies of your interest for comment with a request for your expedited response Provide a copy of the EA for comment with a 30 day response request during the comment period Provide adequate information for your tribe to discharge their NEPA and SEPA responsibilities and any other requirements regarding jurisdictional approvals, permits, licenses, and/or clearances More information describing how we propose to work with your tribe on this project can be found in the enclosed draft Tribal Coordination Plan. We would appreciate your review and comment on this document. FHWA intends to use the EA as the basis for the Finding of No Significant Impact (FONSI) or a Notice of Intent (NOI) to prepare an environmental impact statement (EIS). We expect the documents to address your concerns related to alternative selection, environmental consequences and mitigation, and the responsibilities of your tribe under federal laws and regulations. If your tribe elects to participate in the project as a Participating Agency, please forward your response to us by or in writing by January 18, 2013, and indicate which documents from the list below you would be interested in reviewing. Cultural Resources Survey Energy/Green House Gas Memorandum Land Use/Economics Discipline Report Social Resources/Environmental Justice Discipline Report

4 Transportation Discipline Report Visual Impact Assessment Elements of the environment not listed above will be addressed in the EA but will not have a separate stand-alone report. Scoping Period Scoping is an opportunity to gather feedback that will shape the project. Members of the public, tribes, and other government agencies can offer comments throughout the scoping period (January 22 nd through February 22 nd ). Agencies and tribes are invited to attend one of the public scoping meetings as indicated in the attached scoping notice. While no formal agency and tribal scoping meeting will occur, WSDOT extends the offer to meet with you during the scoping period to further discuss any of your tribe s concerns. If you have questions or would like to discuss our agencies respective roles and responsibilities during the preparation of the EIS, please call Lindsey Handel of this office at (360) or at lindsey.handel@dot.gov. You may also contact Megan Cotton, WSDOT Tribal Liaison, at (360) or at cottonm@wsdot.wa.gov. Thank you for your interest in this project. We look forward to talking with you in the near future. Sincerely, Daniel Mathis, P.E. Division Administrator for Federal Highway Administration Enclosures: Proposed Milestone Schedule Draft Tribal Consultation Plan Cc: Project File Angela Angove, WSDOT John White, WSDOT Megan Cotton, WSDOT Lindsey Handel, FHWA

5 Attachment 1 Proposed Milestone Schedule for I-90 Tolling Project Season/Year Fall 2012 Project Milestone Methodology and Existing Conditions Winter 2013 NEPA EA Scoping Spring 2013 Technical Studies and Documentation Fall 2013 EA Publication Winter 2014 FONSI (or NOI) Issuance Spring 2014 Legislative Approval for Tolling

6 NOTICE OF I-90 TOLLING PROJECT PUBLIC SCOPING MEETINGS Purpose of Notice: The Washington State Department of Transportation and the Federal Highway Administration are initiating the process to study the potential effects of tolling I-90 from I-5 to I-405. The agencies will prepare a National Environmental Policy Act environmental assessment for the proposed I-90 Tolling Project. WSDOT and FHWA will be holding three public scoping meetings to solicit your comments on the project and the environmental issues to be addressed in the document. Description of Proposed Project: WSDOT and FHWA are evaluating tolling to raise revenue for substantial transportation improvements in the Cross-Lake Washington Corridor and to help alleviate congestion on I-90 between I-5 and I-405. The tolled section of I-90 for the project extends from Seattle to Bellevue for a total of approximately seven miles. All lanes in both directions of travel would be tolled. Tolling I-90 would generate revenue that would help fund a portion of the SR 520 Bridge Replacement and HOV Program. Tolling would also help improve travel conditions in this portion of the I-90 corridor. The project will include tolling gantries and associated cabinetry/communications infrastructure (on the I-90 mainline). Three tolling gantry locations will be analyzed including West of the Mount Baker Tunnel, the West side of Mercer Island, and the East side of Mercer Island. WSDOT plans to start construction in 2015 and complete the project in 2016 pending legislative approval for tolling. More information can be found at Public Scoping Meetings: WSDOT and FHWA invite you to attend the following public environmental scoping meetings. Date: January 29, 2013 Time: 4:00 PM 7:00 PM Location: Mercer Island Community Center 8236 Southeast 24 th Street Mercer Island, WA Date: January 30, 2013 Time: 4:00 PM 7:00 PM Location: Bellevue City Hall th Avenue NE Bellevue, WA Date: January 31, 2013 Time: 4:00 PM 7:00 PM Location: Thurgood Marshall Elementary School 2401 South Irving Street Seattle, WA 98144

7 Purpose of Scoping Meetings: WSDOT and FHWA are holding the scoping meetings to solicit public comments regarding issues to be addressed in the environmental assessment. The meetings will use an informal, open-house format. Exhibits, maps, and other pertinent information about this project will be displayed. Staff will be present to answer questions as appropriate and as time permits. Written comments can be submitted during the open house, or by mail or at the address below. If significant environmental impacts are discovered during the environmental analysis, an environmental impact statement may be prepared for the project. If this happens no additional scoping meetings will be held; however, the Notice of Intent, published in the Federal and State Environmental Policy Act registers, would announce a deadline for submitting written comments on the scope of the alternatives to be considered. Written Public Comments: Please provide all scoping comments by February 22, Written comments should be sent to: Angela Angove WSDOT, Environmental Manager I-90 Tolling Project 999 Third Ave, Suite 2200 Seattle, WA Comments can also be ed to i90eacomments@wsdot.wa.gov. Americans with Disabilities Act (ADA) Information: This material can be made available in an alternate format by ing the WSDOT Diversity/ADA Compliance Team at wsdotada@wsdot.wa.gov or by calling toll free, ADA (4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711. Title VI Notice to Public: It is the Washington State Department of Transportation s (WSDOT) policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT s Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO s Title VI Coordinators, George Laue at (509) or Jonte Sulton at (360)

8 I-90 Tolling Project Draft Tribal Coordination Plan January 2013

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10 I-90 Tolling Project i Government-to-Government Tribal Consultation Plan TABLE OF CONTENTS 1. INTRODUCTION OVERVIEW Project Team Structure GOALS AND OBJECTIVES CONSULTATION APPROACH... 4

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12 1 1. Introduction The following plan will guide the I-90 Tolling Project (the Project) through government-togovernment tribal consultation during the period of scoping through NEPA determination and permitting. This plan is designed to encourage early and continued feedback from, and involvement by, tribes potentially affected by the project, and to ensure that their input will be incorporated into the decision making process. The processes and commitments outlined below apply to all interaction between the project and tribes. Although tribal coordination and government-togovernment tribal consultation is being undertaken as a distinct outreach effort, tribal involvement may also occur during agency coordination and public involvement. 2. Overview Project Team Structure The FHWA is the federal lead agency for this project. Washington State Department of Transportation (WSDOT) is the project sponsor. WSDOT may initiate and conduct consultation with affected Indian Tribes on FHWAs behalf though FHWA retains ultimate responsibility for compliance with consultation requirements. At any time, Tribes may request to only or directly consult with FHWA. The WSDOT HQ Tribal Liaison and cultural resources specialist will assist FHWA in tribal coordination efforts as necessary. Consultants will assist in preparing for meetings with the tribes, but all contact with Tribes will be through FHWA or WSDOT staff. Communication with tribes will be coordinated through FHWA and the Tribal Liaison to ensure that information is managed internally and integrated into the government-to-government dialogue with the tribes. All tribal consultation and the results from these efforts will be documented in the project s administrative record. 2. Goals and Objectives Goals for the tribal consultation process and objectives for meeting them are listed below. Goal: Honor the commitment of WSDOT to engage in effective government-togovernment consultation. Objective: Ensure WSDOT, project staff and tribes engage in an open exchange of information about the project, its potential impacts, and appropriate mitigation. Goal: Design and develop the I-90 Tolling Project, including appropriate mitigation, if applicable, in a manner that protects cultural and natural resources.

13 4 I-90 Tolling Project Government-to-Government Tribal Consultation Plan Objective: Reach agreement in accordance with the NEPA process that is compatible with the mutual interests of the tribes, FHWA, and WSDOT. Objective: Address potential impacts to cultural resources, including those of particular tribal interest, through appropriate pre-construction surveys and analysis. Objective: Develop an Inadvertent Discovery Plan to describe the protocols to be taken in the event of an unanticipated cultural or archaeological discovery during ground disturbing work. Goal: Address tribal feedback and concerns in project planning, design and mitigation. Objective: Engage tribes in project decision-making, including decisions regarding environmental review, schedule, scoping of effects to be evaluated, alternatives to be considered, methodologies, and project design and mitigation. Goal: Coordinate communications between the project team and tribes. Objective: Establish a process for WSDOT project team and FHWA to receive and respond to tribal input. Goal: Create durable intergovernmental relationships that promote coordinated transportation partnerships. Objective: Build constructive relationships between FHWA, WSDOT and affected tribes with whom FHWA and WSDOT are or will be engaged in consultations for other projects Consultation Approach The general approach to government-to-government consultation for the project is as follows: Identify potentially interested tribes. The project team, in consultation with FHWA and WSDOT headquarters staff, will assess the following factors that may indicate a tribe s interest in the project: Potential for the tribe to have culturally or historically significant property or items in the area of the project. Potential for the tribe to have a resource or cultural interest in the area of the project. Tribal jurisdiction and control of land that may be affected by the project. Tribal interest as expressed through consultation area maps that a tribe has provided to WSDOT. Invite potentially interested tribes to formally consult on the project. WSDOT will formally contact potentially affected tribes to determine whether they are interested in consulting on the project. Engage in both formal and technical consultation with tribal staff. At the request of the tribes, the WSDOT and FHWA will formally meet with tribal councils, cultural and

14 natural resource committees, and could involve project technical staff in working group meetings concerning applicable issues (e.g., identification of fish and wildlife habitat). At the request of interested tribes, FHWA and the project team will meet with Tribal Governments (Tribal Councils, Business Committees, Board of Directors, etc.) at major project milestones. The consultation process will integrate both formal and informal contact with the Tribal Government and tribal staff, respectively. Meet with representatives of interested tribes to review broad issues. FHWA and the project staff will meet with interested tribes early in the environmental review process in order to establish the following information: An understanding of the aspects of the project that are likely to interest the tribes Preliminary information about the potential for the project to affect tribal land, historical or cultural resources, fishing and other aquatic resources, or any other issues of tribal concern Seek to resolve issues in parallel with project planning and permitting activities. FHWA and the project staff will keep the interested tribes fully informed throughout the project environmental process. In acknowledgement that the project must afford the interested tribes with more than the opportunity to participate as members of the general public in the planning and permitting process, FHWA and the project staff will take the following actions to ensure there is effective government-to-government consultation: Seek tribal input regarding alternatives and opportunities to avoid, reduce, or otherwise mitigate the effects of the project on tribal interests. Seek tribal comment throughout the project s environmental review, permitting, and regulatory review processes. The potentially interested tribes and initially identified tribal contacts are as follows: 26 Federally Recognized Tribes Muckleshoot Indian Tribe of the Muckleshoot Reservation nd Ave SE Auburn, WA The Honorable Virginia Cross Laura Murphy, Cultural Resources Karen Walter, Natural Resources Glen St. Amant, Fisheries Manager Snoqualmie Tribe 8130 Railroad Avenue, Suite 103 P O Box 969 Snoqualmie The Honorable Shelley Burch, Chair Ray Mullen, Cultural Resources Cindy Spiry, Natural Resources

15 6 I-90 Tolling Project Government-to-Government Tribal Consultation Plan Tulalip Tribes of the Tulalip Reservation 6406 Marine Drive Tulalip, WA The Honorable Melvin Sheldon, Jr. Chair Richard Young, Environmental Programs Hank Gobin, Cultural Resources Daryl Williams, Environmental Liaison Confederated Tribes and Bands of the Yakama Indian Nation of the Yakama Reservation PO Box 151 Toppenish, WA The Honorable Harry Smiskin, Chair Johnson Meninick, Cultural Resources 1 2

16 The following table identifies key points in the review process where FHWA and the project team will be seeking tribal review and input. During this consultation, we will strive to resolve tribal concerns as we move through the NEPA process. Event Project Scoping January February 2013 Methodology Reports Approximate Timeframe Consultation Activity Desired Outcome February March 2013 Share detailed information regarding the project scope, purpose and need, draft alternatives, methodologies, anticipated environmental effects, and schedule. Share analysis methodologies (document review). Define APE Spring 2013 Solicit review and concurrence on APE (document review). Preparation of discipline studies Preparation of EA Cultural Resources Survey March August 2013 Feb October 2013 March August 2013 Solicit review and comment on selected discipline studies ( updates). Preview EA per interest prior to circulation (meeting). Solicit review and concurrence on the findings presented within the cultural resources survey. FONSI or NOI Winter 2014 Share results of environmental review and final resolution of Section 106/4(f) issues ( update). Permits and Approvals Jan June 2015 Permit and approval applications are complete. Construction TBD BMPs, conservation and mitigation measures adequately respond to avoid and minimize construction effects. Feedback identifying issues associated with the project scope, purpose and need, draft alternatives, effects, methodologies, and schedule. Early identification of issues and feedback associated with environmental analysis. Concurrence on APE. Early identification of issues associated with environmental analysis and agreement on potential mitigation. Resolve issues as possible (some may require more information or negotiation). Concurrence on finding presented within the cultural resources survey. Agreement on project s concept and approach as set forth in the environmental review decision document; agreement on approach and timeline for resolving treaty rights issues (if any). Permit and approval applications are accepted without issue. Construction activities are adequately covered by approvals and shared with tribes as appropriate

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18 From: Angove, Angela /O=WA.GOV/OU=WSDOT/CN=RECIPIENTS/CN=FREUDA To: FHWA Handel; Lindsey (FHWA) Cc: Subject: RE: Need FHWA signature and distribution of I-90 Tolling invitation letters Date: 1/4/2013 7:23:43 PM Attachments: I hope so, that s why I had planned to send them out today And really the 18 th isn t a hard deadline so we would accept responses after the 18 th. From: lindsey.handel@dot.gov [mailto:lindsey.handel@dot.gov] Sent: Friday, January 04, :23 AM To: Angove, Angela Subject: RE: Need FHWA signature and distribution of I-90 Tolling invitation letters Are we giving them enough turn-around time with the Jan 18 date? From: Angove, Angela [mailto:angovea@wsdot.wa.gov] Sent: Friday, January 04, :21 AM To: Handel, Lindsey (FHWA) Subject: RE: Need FHWA signature and distribution of I-90 Tolling invitation letters Your suggested edits are fine-good catches. The attachments would be the schedule milestones, draft tribal coordination plan and notice of scoping. Thank you for the fast turnaround. Angela From: lindsey.handel@dot.gov [mailto:lindsey.handel@dot.gov] Sent: Friday, January 04, :18 AM To: Angove, Angela Subject: RE: Need FHWA signature and distribution of I-90 Tolling invitation letters Angela, I reviewed the document and there are a few edits we should make before sending it out. Also, can you verify the attachments that should be sent as well? Sharon is on a conference call and I m just waiting for her to be done to verify that we send these. Thanks, Lindsey From: Angove, Angela [mailto:angovea@wsdot.wa.gov] Sent: Friday, January 04, :56 AM To: Handel, Lindsey (FHWA) Subject: FW: Need FHWA signature and distribution of I-90 Tolling invitation letters I ll call you From: Angove, Angela Sent: Friday, December 21, :17 PM To: Handel, Lindsey (FHWA)

19 Subject: Need FHWA signature and distribution of I-90 Tolling invitation letters Lindsey, Per my voic , here is the letter that needs to be sent out to the tribes for the I-90 Tolling Project. We plan to send out the other letters the first week of January. I will be out next week but tracking s and calls on my blackberry. Feel free to call if you need to before sending these out. There is some discussion about changing the location of the third scoping meeting-if that happens I will make sure to send you a revised scoping notice ASAP. Thank you! Happy Holidays! Angela Angove Project Environmental Manager 999 Third Ave. Suite 2424 Seattle, WA office (Mon, Tues, Thurs, every other Fri) cell (Wed) AngoveA@wsdot.wa.gov

20 From: Angove, Angela /O=WA.GOV/OU=WSDOT/CN=RECIPIENTS/CN=FREUDA To: FHWA White; John; Handel; Lindsey (FHWA) Cc: Consultant Arnold; Paul (Consultant); Arnold; Paul; David Mattern; Gants; Colleen (Consultant); Jeanne Acutanza; Mouton; Michell; Mosesly; Korbett; Hanson; Allison; Everett; Randolph (FHWA); Everett; Randy (Consultant); Cotton; Megan Subject: I-90 Tolling Cooperating and Participating Agency Invitation Letters Date: 1/4/ :16:49 PM Attachments: I90_Coop-Part_Invitation_Letters_Jan2013.pdf; I-90 Final Legal Notice_ doc; Agency_Coordination_Plan_ DRAFT_1-13.docx Good afternoon, You will find attached to this signed copies of the Cooperating and Participating Agency letters. I am also including copies of the attachments. FHWA will send tribal invitation letters today as well. I will update the team as agency responses start rolling in. If we don t hear from them by January 18 th, we can call and verify their involvement in the development of the EA. Feel free to contact me with any questions. Angela Angove Project Environmental Manager 999 Third Ave. Suite 2424 Seattle, WA office (Mon, Tues, Thurs, every other Fri) cell (Wed) AngoveA@wsdot.wa.gov

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69 NOTICE OF I-90 TOLLING PROJECT PUBLIC SCOPING MEETINGS Purpose of Notice: The Washington State Department of Transportation and the Federal Highway Administration are initiating the process to study the potential effects of tolling I-90 from I-5 to I-405. The agencies will prepare a National Environmental Policy Act environmental assessment for the proposed I-90 Tolling Project. WSDOT and FHWA will be holding three public scoping meetings to solicit your comments on the project and the environmental issues to be addressed in the document. Description of Proposed Project: WSDOT and FHWA are evaluating tolling to raise revenue for substantial transportation improvements in the Cross-Lake Washington Corridor and to help alleviate congestion on I-90 between I-5 and I-405. The tolled section of I-90 for the project extends from Seattle to Bellevue for a total of approximately seven miles. All lanes in both directions of travel would be tolled. Tolling I-90 would generate revenue that would help fund a portion of the SR 520 Bridge Replacement and HOV Program. Tolling would also help improve travel conditions in this portion of the I-90 corridor. The project will include tolling gantries and associated cabinetry/communications infrastructure (on the I-90 mainline). Three tolling gantry locations will be analyzed including west of the Mount Baker Tunnel, the West side of Mercer Island, and the East side of Mercer Island. Currently, WSDOT plans to start construction in 2014 and could begin tolling as early as 2015 pending approval and direction from the State legislature. More information can be found at Public Scoping Meetings: WSDOT and FHWA invite you to attend the following public environmental scoping meetings. Date: January 29, 2013 Time: 4:00 PM 7:00 PM Location: Mercer Island Community Center 8236 Southeast 24 th Street Mercer Island, WA Date: January 30, 2013 Time: 4:00 PM 7:00 PM Location: Bellevue City Hall th Avenue NE Bellevue, WA Date: January 31, 2013 Time: 4:00 PM 7:00 PM Location: Yesler Community Center 917 E Yesler Way Seattle, WA 98122

70 Purpose of Scoping Meetings: WSDOT and FHWA are holding the scoping meetings to solicit public comments regarding issues to be addressed in the environmental assessment. The meetings will use an informal, open-house format. Exhibits, maps, and other pertinent information about this project will be displayed. Staff will be present to answer questions as appropriate and as time permits. Written comments can be submitted during the open house, or by mail or at the address below. If significant environmental impacts are discovered during the environmental analysis, an environmental impact statement may be prepared for the project. If this happens no additional scoping meetings will be held; however, the Notice of Intent, published in the Federal and State Environmental Policy Act registers, would announce a deadline for submitting written comments on the scope of the alternatives to be considered. Written Public Comments: Please provide all scoping comments by February 22, Written comments should be sent to: Angela Angove WSDOT, Environmental Manager I-90 Tolling Project 999 Third Ave, Suite 2200 Seattle, WA Comments can also be ed to i90eacomments@wsdot.wa.gov. Americans with Disabilities Act (ADA) Information: This material can be made available in an alternate format by ing the WSDOT Diversity/ADA Compliance Team at wsdotada@wsdot.wa.gov or by calling toll free, ADA (4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711. Title VI Notice to Public: It is the Washington State Department of Transportation s (WSDOT) policy to assure that no person shall, on the grounds of race, color, national origin or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT s Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO s Title VI Coordinators, George Laue at (509) or Jonte Sulton at (360)

71 3 4 I-90 Tolling Project Draft Agency Coordination Plan January 2013

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73 I-90 Tolling Project i Agency Coordination Plan TABLE OF CONTENTS 1. INTRODUCTION PROJECT BACKGROUND AND HISTORY LEGAL GUIDANCE National Environmental Policy Act (NEPA) State Environmental Policy Act (SEPA) WSDOT Environmental Procedures Manual (EPM) PROJECT STRUCTURE U.S. Department of Transportation Leadership WSDOT Project Management GOALS AND OBJECTIVES COORDINATION APPROACH OTHER COORDINATION PLANS FOR THE I-90 TOLLING AND CONGESTION MANAGEMENT PROJECT Tribal Coordination Public Coordination ISSUE IDENTIFICATION AND RESOLUTION... 10

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75 1 1. Introduction The following plan will guide agency coordination for the I-90 Tolling Project (the Project) from scoping through a National Environmental Policy Act (NEPA) and State Environmental Protection Act (SEPA) decision. This plan will be updated to reflect specific agency coordination activities during permitting and construction of the Project as necessary. Washington State Department of Transportation (WSDOT) is the project proponent. The Federal Highway Administration (FHWA) is the federal lead for the Project. The project team hopes to encourage active, cooperative, and collaborative partnerships among regulatory and jurisdictional agencies with decision making authority during the environmental review of the Project. To that end, this plan outlines early and continuous communication involvement strategies. It is one component of the project s overall plan to coordinate with external audiences, including agencies, tribes, and the public. A brief overview of other coordination efforts is provided below. All external coordination and communications will be coordinated within the project team and federal lead agency Project Background and History Please refer to the project s Public Involvement Plan (Fall 2012) for a discussion of the Project background and history. You may find it and other useful information, at Legal Guidance National Environmental Policy Act (NEPA) NEPA requires Federal agencies to incorporate environmental considerations in their planning and decision-making through a systematic interdisciplinary approach. Specifically, all federal agencies are to prepare environmental impact statements (EISs) assessing the environmental impact of and alternatives to major federal actions significantly affecting the environment. An agency may prepare an Environmental Assessment (EA) if it is uncertain whether the action will cause significant impacts. FHWA plans to prepare an EA for this project. As the Federal lead agency responsible for the environmental and decision documents, FHWA is responsible for the project s NEPA compliance, including appropriate consultation with agencies that have expertise, permitting authority, or an interest in the project. FHWA has certain additional responsibilities under Department of Transportation laws and regulations, 23 CFR 771. Among other things, Federal transportation funding may go only to projects that meet certain engineering, environmental, and safety requirements. 33

76 4 I-90 Tolling and Congestion Management Project Agency Coordination Plan State Environmental Policy Act (SEPA) SEPA similarly requires all Washington agencies to consider the environmental impacts of a proposal before making decisions. WSDOT, the SEPA lead agency for this proposal, anticipates that it would not have a probable significant adverse impact on the environment. While the project EA will be a prepared pursuant to NEPA, WSDOT anticipates that it will subsequently be adopted under SEPA and will support a SEPA Determination of Nonsignificance. The environmental process will comply with both federal and state regulations and statutes. 3.3 WSDOT Environmental Procedures Manual (EPM) The EPM provides guidance for compliance with state and federal environmental laws and regulations for all phases of project delivery. The EPM outlines WSDOT s legal requirements related to environmental, cultural, historic, and social resources and is a keystone of WSDOT s Environmental Management System. The Project will adhere to guidance in the EPM. The SAFETEA-LU 1 transportation funding law includes provisions that require certain public involvement measures for projects that require EIS s. While the provisions do not apply to the Project, FHWA and WSDOT will recognize the intent of the law by providing participating agencies and the public early opportunities to comment on the project s preliminary statement of purpose and need, methodologies, and on the range of alternatives to be considered in the environmental assessment Project Structure U.S. Department of Transportation Leadership As the lead Federal agency in the NEPA process, FHWA, in coordination with WSDOT, is responsible for scoping; inviting appropriate agencies to participate; developing consensus among stakeholders with diverse interests; resolving conflict; and ensuring that the EA properly explains potential impacts and mitigation. They are also responsible for preparing an environmental document that will support the resulting environmental finding. WSDOT is the project proponent. FHWA retains responsibility for federal compliances and approvals, and is responsible for coordinating on a Government-to-Government basis with interested tribes. While some federal compliance is engaged through state and local government coordination, the anticipated federal agency coordination includes the following: U.S. Fish and Wildlife Service Endangered Species Act (ESA) 1 Rules and procedures under the recently enacted Moving Ahead for Progress in the 21 st Century (MAP-21) law have not yet been established.

77 National Marine Fisheries Service Endangered Species Act Magnuson-Stevens Fishery Conservation and Management Act 4.2 WSDOT Project Management The WSDOT Project Manager and the project team, including environmental and design staff, will help FHWA assure compliance with NEPA and SEPA. Three primary groups make up the Project team: FHWA WSDOT Project consultants FHWA FHWA has lead Federal Agency status for the project. The FHWA contact is Randy Everett, FHWA Major Projects Oversight Manager. WSDOT Although FHWA is the lead federal agency for the project, WSDOT is in charge of project management and guides the project team. They authorize, review, and approve consultant work and provide recommendations to WSDOT executives. The following WSDOT staff members are involved with the facilitation and review of the project: Project director John White Civil designer Doug Haight Transportation planning lead - Natarajan Janarthanan Toll equipment design Todd Merkens Environmental manager Angela Angove Project consultants The consultant team supports WSDOT staff as part of developing the EA. Team meetings are held weekly. Additional meetings are scheduled as necessary. Project consultants include: Michael Minor and Associates Air Quality impact evaluation Michael Minor Parametrix Environmental documentation David Mattern Parsons Brinkerhoff Traffic modeling Ming-Bahg Shuy Project management Paul Arnold PRR Communications lead/public involvement - Colleen Gants Environmental justice/social resources Jamie Strauz-Clark WSDOT will retain responsibility for coordinating with state and local government agents to obtain necessary environmental permits and approvals. Building and construction related permits

78 6 I-90 Tolling and Congestion Management Project Agency Coordination Plan will be obtained at substantial design development from state and local agencies. Permits and approvals relevant to the environmental review process include: State Washington Department of Archaeology and Historic Preservation Section 106 of the National Historic Preservation Act Washington Department of Ecology Coastal Zone Management Consistency Determination (CZM) Local Government City of Seattle Nighttime noise variance (if nighttime work is needed) Street Use Permit City of Mercer Island Nighttime noise variance (if nighttime work is needed) Other permits to be identified City of Bellevue Nighttime noise variance (if nighttime work is needed) Other permits to be identified Goals and Objectives Goals for the agency coordination process and objectives for meeting them are listed below. Goal A: Ensure the open exchange of information, ideas and concerns between FHWA, WSDOT, and participating agencies about the project, its potential impacts, design development, and appropriate mitigation. Objective Engage affected agencies regarding the project purpose and need, methodologies, effects to be evaluated, alternatives to be considered, design development, and potential mitigation measures. Objective Utilize existing forums, such as the WSDOT Pre-Biological Assessment meeting to receive and respond to agency input. Objective Ensure all communication between the project team and agencies is coordinated with the FHWA and WSDOT as appropriate. Goal B: Avoid substantial design changes during permit review. Objective Address resource agency feedback and concerns during project development, design, and mitigation through early and continuous communication. Goal C: Maintain constructive interagency relationships that promote coordinated transportation partnerships.

79 Objective Understand resource agency permit responsibilities to promote effective interagency communication. Objective Ensure the Project environmental review and design development adequately address adjacent projects that are or will be conducted by others within adjacent areas. Objective Design and develop the Project, including appropriate mitigation, as applicable, in a manner that protects cultural and natural resources protected by jurisdiction and/or regulation. Objective Use the Project to build on relationships between WSDOT and resource agencies with whom WSDOT is or will be engaged in consultation for future projects Coordination Approach The general agency coordination approach for the Project is as follows: 1. Identify potential regulatory and jurisdictional compliances, permits, and approvals required for the proposed project. The Project team, in consultation with FHWA, and WSDOT headquarters staff, will identify preliminary environmental effects of the proposed project to determine agency coordination. 2. Identify adjacent projects and activities near the proposed project that may require coordination. WSDOT will contact proponents of adjacent projects, activities, and property owners to determine interest or need for further contact with the project team. 3. Engage in both technical and decision-making coordination with appropriate regulatory and jurisdictional staff. WSDOT and/or the federal lead, as appropriate, will meet with agency staff and decision makers for project briefings and for technical working group meetings concerning applicable issues. FHWA and the project team will coordinate with NMFS and USFWS, for the Endangered Species Act compliance. WSDOT will assist FHWA with these consultations. WSDOT will help FHWA fulfill Endangered Species Act responsibilities regarding Government-to-Government coordination with interested tribes. WSDOT will help FHWA fulfill the requirements of Section 106 of the National Historic Preservation Act, including outreach to potential consulting parties. WSDOT will coordinate with Washington State Department of Ecology regarding required approvals under its jurisdiction. WSDOT will coordinate with King County Metro and Sound Transit, and other agencies regarding transit routes and other transit facilities in the project area. WSDOT will coordinate with the appropriate City of Seattle, City of Mercer Island, City of Issaquah, and City of Bellevue staff regarding required permits and approvals under their jurisdictions.

80 8 I-90 Tolling and Congestion Management Project Agency Coordination Plan Regulation/Compliance/ Approval NOAA/ NMFS USFWS Seattle WSDOE Bellevue Mercer Island DAHP ESA Consultation Magnuson Stevens Act Historic Preservation Act Coastal Zone Management Noise Variance* Local Permits* *If needed. 4. Seek to resolve any issues in parallel with project planning and permitting activities that may arise. FHWA and the Project staff will respond to comments and questions as appropriate via meetings or correspondence. The following table identifies key points in the environmental review process where the Project team will seek agency coordination. It shows a proposed flow of the coordination process from September 2012 through completion of an assumed Finding of No Significant Impact in winter 2014 leading to construction activities in 2015 and Event Project Briefings Fall 2012 Winter 2014 Project Scoping January February 2013 Methodology Reports Preparation of discipline studies Approximate Timeframe Coordination Activity Desired Outcome February March 2013 March August 2013 Preparation of EA February 2013 October 2013 Meet individually with agency staff as requested or needed to provide project updates. Share detailed information regarding the project scope, purpose and need, draft alternatives, methodologies, anticipated environmental effects, and schedule. Share analysis methodologies (document review). Solicit review and comment on selected discipline studies ( updates). Preview EA per interest prior to circulation (meeting). FONSI or NOI Winter 2014 Share results of environmental review and final resolution of outstanding issues (meeting). Permits and Approvals Jan June 2015 Permit and approval applications are complete. Construction TBD BMPs, conservation and mitigation measures adequately respond to avoid and minimize construction effects. Respond to comments and questions; coordinate compliances, approvals, and permits. Feedback identifying issues associated with the project scope, purpose and need, draft alternatives, effects, methodologies, and schedule. Early identification of issues and feedback associated with environmental analysis. Early identification of issues associated with environmental analysis and agreement on potential mitigation. Resolve issues as possible (some may require more information or negotiation). Resolve issues as possible (some may require more information or negotiation). Permit and approval applications are accepted without issue. Construction activities are adequately covered by approvals and accepted by agencies.

81 Other Coordination Plans for the I-90 Tolling and Congestion Management Project Tribal Coordination FHWA and WSDOT are committed to engage in early and continuous consultation with all tribes with an interest in the project. FHWA is the federal lead agency for this project and retains responsibility for compliance with consultation requirements. FHWA is the lead agency for meetings and negotiations for the tribal consultation process under NEPA and Section 106 of the National Historic Preservation Act, as well as for any agreements concerning tribal treaty rights. More specifics on coordination with tribes are included in the project s Government-to- Government Tribal Coordination Plan (January 2013). 7.2 Public Coordination The Public Involvement Plan (PIP) provides the strategic framework for public involvement activities during the planning, environmental review, and design stages for the Project. It outlines public involvement goals and key audiences, and also identifies activities and tools and tactics to engage the public and solicit feedback at appropriate project milestones, including those specifically required by NEPA, SEPA, and FHWA

82 10 I-90 Tolling and Congestion Management Project Agency Coordination Plan 1 8. Issue Identification and Resolution Through agency interaction activities defined in this plan, the FHWA and WSDOT, and participating agencies are provided the opportunity for early and on-going identification of environmental or socioeconomic issues that could substantially delay or prevent project approval. WSDOT or the Washington State Governor may request FHWA to convene issue resolution meetings. If resolution of issues cannot be achieved, FHWA must notify the Governor, Congress, and the Council on Environmental Quality (CEQ). FHWA would publish any unresolved issues in the Federal Register. (SAFETEA-LU Section 6002: Section 139 (h)).

83 1 Cooperating and Participating Agencies: 2 State Agency Contact Status Washington State Department of Archaeology and Historic Preservation Dr. Allyson Brooks Participating Washington State Department of Ecology Ms. Penny Kelley Participating Local City of Bellevue Steve Sarkosy, City Manager Cooperating City of Issaquah Bob Harrison, City Administrator Cooperating City of Mercer Island Rich Conrad, City Manager Cooperating City of Newcastle Rob Wyman, City Manager Participating City of Sammamish Ben Yazici, City Manager Participating City of Seattle/SDOT Peter Hahn, SDOT Director Cooperating King County Metro Kevin Desmond, General Manager Participating Port of Seattle Geraldine Poor Participating Puget Sound Regional Council Ms. Jennifer Ryan Cooperating Puget Sound Clear Air Agency Mr. Andrew Green Participating Sound Transit Ms. Andrea Tull Participating Tribes Muckleshoot Indian Tribe Honorable Virginia Cross Participating cc: Laura Murphy Karen Walter Glen St. Amant Snoqualmie Tribe Honorable Shelley Burch Participating cc: Ray Mullen Cindy Spiry Tulalip Tribes Honorable Melvin Sheldon, Jr. Participating Richard Young Hank Gobin Daryl Williams Yakama Nation Honorable Harry Smiskin Participating

84 From: Angove, Angela /O=WA.GOV/OU=WSDOT/CN=RECIPIENTS/CN=FREUDA To: FHWA Handel; Lindsey (FHWA) Cc: Subject: RE: I-90 Tolling Cooperating and Participating Agency Invitation Letters Date: 1/5/ :18:39 AM Attachments: Of course it s been several weeks (or more) since I ve made any edits. I plan to finalize them once the agencies and tribes have had a chance to review and comment during scoping. Angela From: lindsey.handel@dot.gov [mailto:lindsey.handel@dot.gov] Sent: Friday, January 04, :18 PM To: Angove, Angela Subject: RE: I-90 Tolling Cooperating and Participating Agency Invitation Letters Angela, in the draft agency coordination plan you ll want to update the FHWA contact from Randy to me. Thanks. From: Angove, Angela [mailto:angovea@wsdot.wa.gov] Sent: Friday, January 04, :17 PM To: White, John; Handel, Lindsey (FHWA) Cc: Arnold, Paul (Consultant); Arnold, Paul; David Mattern; Gants, Colleen (Consultant); Jeanne Acutanza; Mouton, Michell; Mosesly, Korbett; Hanson, Allison; Everett, Randolph (FHWA); Everett, Randy (Consultant); Cotton, Megan Subject: I-90 Tolling Cooperating and Participating Agency Invitation Letters Good afternoon, You will find attached to this signed copies of the Cooperating and Participating Agency letters. I am also including copies of the attachments. FHWA will send tribal invitation letters today as well. I will update the team as agency responses start rolling in. If we don t hear from them by January 18 th, we can call and verify their involvement in the development of the EA. Feel free to contact me with any questions. Angela Angove Project Environmental Manager 999 Third Ave. Suite 2424 Seattle, WA office (Mon, Tues, Thurs, every other Fri) cell (Wed) AngoveA@wsdot.wa.gov