User:Hoskir/Revision Request 4264

---

copy only 129

---

129 Public Involvement

129.1 Environmental Justice, ADA, LEP and Title VI

129.2 The Public Involvement Plan (PIP)/Communication Plan

129.3 “Virtual” Public Involvement (VPI)

129.4 Public Involvement Based on Environmental Document Type

129.5 Public Meetings

129.6 Public Hearing

129.7 Noise Wall Public Meeting and Voting

129.8 Section 4(f) Lands

129.9 Section 106 and Tribal Consultation

129.10 Railroads

User:Hoskir/Revision Request 4264

129.11 Public Involvement for Storm Water

129.12 Glossary of Terms

Statewide Planning Partner Meeting

Figures

● Sample Commission Exhibit 1

● Sample Location Study Display

Forms

● Sample Letter Advertising a Public Hearing

● Sample Notice 4F

● Sample Notice of Public Hearing

● Sample Opportunity for a Public Hearing/Meeting Notice

● Sample Public Involvement Plan or Communication Plan

● Sample Request for Approval of Location and/or Design of Highways to State Design Engineer

● Sample Request for Approval of Location to the Commission

● Sample Transcript

Missouri Department of Transportation (MoDOT) works to communicate important information to the public, media, employees, stakeholders, and other department customers through a variety of methods, including news releases, publications, special events, and social media sites.

Missouri’s citizens expect an active voice in the location and design of transportation facilities. They recognize the important role transportation has in their life as well as the vitality of their communities. Existing transportation facilities, particularly transportation improvements, have a direct impact on the social, economic, and environmental resources of Missouri’s communities. As a result, MoDOT values the public’s input on transportation improvements and has established various methods to gather this feedback.

Some of these methods include:

• Identification and Prioritization of Needs through The Planning Process
• Public Hearings
• Public Meetings
• Direct mailings or contact with individuals impacted
• Virtual Public Involvement

In addition, MoDOT provides useful information to Missourians concerning the operation and maintenance of the highway system. This information is available from the following sources in addition to others:

• www.modot.org
• Traveler Information Map (TIM)
• E-updates
• Changeable message boards
• Customer Service Centers (1-888-ASK MoDOT)
• Work Zone Status
• Road Condition Report
• Social media

The development of quality transportation improvements depends on early, frequent, and continuous involvement of the public in project decisions. Additionally, real time information about the State’s highway system allows the traveling public to use it efficiently.

The public frequently questions not only the design and physical features of a project, but also its basic premise (the purpose and need) and assumptions (e.g., the range of alternatives) as identified by MoDOT.

Public involvement allows MoDOT to gather real, valid input on transportation needs and to work with customers to refine solutions that meet those needs.

The following guidelines for public involvement are not to be viewed as all-inclusive. Instead, they outline the minimum level of expectations for public involvement, with each individual effort matching the specific needs of the project and the community involved. The specific needs of the project should be documented in a public involvement plan (PIP).

Sponsors of Local Public Agency (LPA) projects must also follow the guidelines in EPG 129, using the Request For Environmental Review (RER) for documenting their public involvement and outreach efforts.

Table 129, Public Involvement by Type

Public involvement is required for every project
Minimum Requirement for:	Public Involvement Method	Required Documentation (if applicable)	Responsible Individual(s)1
Programmatic Categorical Exclusion (PCE)	Routine methods such as social media, news releases, opportunity for meetings, etc.	Public notices, news releases, meeting notes, Comments/responses, sign-in sheets	PM, CR, CM
Documented Categorical Exclusion (CE2)	Routine methods such as social media, news releases, opportunity for meetings, etc.	Public Involvement Plan (PIP), Public notices, news releases, meeting notes, Comments/responses, sign-in sheets	PM, CR, CM
Some CE2s, Environmental Assests (EA), Environmental Impact Statement (EIS)	Pre-Location Study Meeting	Public notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets	PM, CR
Some PCEs, CE2, EA, EIS	Location Public Meeting	Public Involvement Plan (PIP), Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR
Some PCEs, CE2, EA, EIS	Design Public Meeting	Public Involvement Plan (PIP), Public notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR
EA, EIS	Agency Scoping Meeting	Public Involvement Plan (PIP), Notices, presentations, studies or documents made available, Minutes, comments, responses, sign-in sheets	PM, CR
≥20 acres new RW or permanent easements for rural, ≥100,000 square feet new RW or permanent easements for urban2, EA (if applicable), EIS, Long Range Plan {CFR 771.111(h)(2)(iii)}	Public Hearing (Commission Policy, FHWA policy)	Notices, presentations, studies or documents made available, minutes, transcript, sign-in sheets	PM, CR
Discretion of the District Engineer	Public Meeting	Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR
Impacts (not significant or adverse EPG 129.8) on historic properties, parks, recreation areas, and wildlife and waterfowl refuges	Section 106, 4(f)3, and 6(f)	Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR, DE-ENV/HP
Noise impacts where noise abatement is reasonable and feasible	Noise Wall Public Meeting	Notices, presentations, studies or documents made available, minutes, Comments and Responses, sign-in sheets	PM, CR, DE-ENV/HP
1 PM: Project Manager; CR: Communications Division staff; CM: Construction and Materials staff; DE-ENV/HP: Design Division Environmental and Historic Preservation staff
2 "Urban" is defined as within a U.S. Census Bureau designated urbanized area or an urban cluster.
3 Requires special statements in the public notice. Coordinate with MoDOT Environmental Section.

Public hearings and public meetings are forums for providing information on proposed projects, their anticipated impacts, and for receiving citizen comments. Both are used to comply with the Missouri Highways and Transportation Commission's desire to furnish the public with general information and to allow the public to express their opinions regarding highway matters. Information related to the impacts of a proposed action can also be gathered. Federal transportation policy requires public involvement in the development of the purpose and the range of alternatives to be considered for EAs and EISs. The National Environmental Policy Act (NEPA) and FHWA regulation 23 CFR 771 require one or more public meetings or opportunity forum(s) for the public to participate. The Commission directs MoDOT to conduct “location and design” public involvement to gather public comment.

All work involving interaction with the public should start with working with the district Communications Team to go through the Public Involvement (PI) plan template (EPG 129.2. This document will help focus and organize the PI needs of the project. This is an ongoing process and will need continuous updating over the life of a project from early planning phases to construction completion. The Communications Team is most familiar with the process and basic PI requirements.

---

copy only 129.1

---

129.1 Americans with Disabilities Act (ADA) and Title VI protected populations

Early in project development, the Project Manager (PM) shall assess whether the methods of public involvement chosen for a particular project are reasonable for the project, whether they adequately reach the proper constituents, whether there are minority, or limited English proficiency (LEP) discrimination concerns, and whether the methods would adequately provide the needed information and afford the opportunity for the public to provide feedback. Minority and LEP populations are defined by Title VI. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. If there are questions concerning the participation of minority and disadvantaged populations, contact the Environmental Specialist in the Design Division who is the resource for socioeconomic issues on project development. For CE2, EA or EIS classification level projects, the Request for Environmental Services (RES) can provide a resource for the PM to help identify minority and LEP populations in the project area to help determine the type and degree of public outreach that could be needed. Information on the community impact assessment process is found in EPG 127.3. The first step is to identify populations of people interested in the project and those who could be impacted by the project, then determine which outreach methods would be most effective. The PM should work with the Area Engineer and use existing information such as from the Conceptual Study Report (CSR), if developed, to help identify the area impacted by the project.

The process for identifying interested people/populations impacted by the project should be documented in the PIP and housed in MoProjects. The PIP is developed by the PM or district staff, or the project consultant, if tasked with public involvement for the project, and approved by MoDOT staff. It may become necessary to revise the PIP as the project evolves, conditions change, oppositional groups emerge, or new issues arise. It is prudent to complete an LEP analysis, similar to the Community Impact Assessment process outlined in EPG 127.3.1.3, and review it for protected populations early in the planning phase, when the PIP is developed, to identify stakeholders, affected public, and whether targeted outreach to underserved populations are needed. Then appropriate outreach efforts can be planned for these populations and budgeted appropriately.

Effectively reaching underserved populations may require significant staff time and resources, and special efforts or innovative methods may need to be used to ensure the inclusion of affected community members. This is especially important for underrepresented groups, such as minority and LEP groups, and in communities where a significant percentage of the affected population does not speak or understand English. Consider the need for translators, interpreters, and written materials in languages other than English. Innovative methods to involve minority and LEP sectors of the community, as well as senior citizens, disabled persons, and other interested groups such as economic developers, Metropolitan Planning Organizations (MPOs) and Regional Planning Commissions (RPCs), and historical and environmental groups, should also be explored. Such methods could include house-to-house contacts; providing bulletins at kiosks; meeting with community groups, church organizations, community minority liaisons, local grocery stores, and libraries; placing notices in the newspaper and using other media outlets which cater to these groups. Accommodations should also be made for non-English speaking community members and those with language barriers, such as deaf populations.

The meeting location selected shall be in compliance with the ADA. Special attention should be paid to whether there is access to public transportation, and whether there is a safe and reasonable walking distance to the meeting without obstacles such as crossing active railroad tracks or busy highways.

These efforts shall be documented for inclusion in environmental documents such as the RES, CE2, EA, EIS, or in project files in MoProjects, and for department wide Title VI compliance.

---

copy only 129.2

---

129.2 The Public Involvement Plan (PIP)/Communication Plan

Early in the project scoping process a Public Involvement Plan (PIP) should be developed that is appropriate for each project. A PIP is a strategy document that guides outreach activities for a project. It helps to establish the schedule, methods, and locations for public outreach and assists with determining project stakeholders. For Programmatic Categorical Exclusion (PCE) (rare) and CE2 classifications (required), the PIP is often developed by the PM, district staff including Communications staff (CR Division), and/or project consultant, if applicable, and approved by MoDOT staff (PM, CR, etc.). The project core team (EPG 104.1) typically develops the PIP for larger, more complex projects, especially those requiring an EA or EIS, which are approved by FHWA. The nature and complexity of the project along with the core team’s specialized knowledge of any sensitive issues within the project area will determine the best course of action to gain public input into the development of the project’s scope (EPG 104.8). After identifying potentially affected populations and the issues they may have with the proposed project, this information can be compiled in the PIP (see sample above). It may become necessary to revise the PIP as a project evolves, conditions change, oppositional groups emerge, public controversy develops, or new issues arise. The size, scope and complexity of a project will help determine the extent of outreach and engagement for a project and whether a project requires a more formalized and comprehensive PIP. The PIP becomes part of the official project record and should be uploaded to the RES or to MoProjects as evidence of planned public involvement.

Early screening of demographic data can help identify members of the public who should be involved. After determining who to involve, a variety of outreach methods can be selected to encourage the most effective public involvement. During public outreach the following could be involved:

• Adjacent property owners and tenants
• Minority populations
• Cooperating and participating agencies (NEPA Glossary)
• Local, state, and federal government staff and elected officials
• Community groups such as clubs, civic groups, business groups, environmental groups, labor unions, disability advocacy groups, and churches
• Schools/school districts
• MPOs/RPCs
• Commuters and the traveling public
• Law enforcement and emergency/first responders
• Utility service providers
• Adjacent billboard owners and clients
• General public and others known to be affected
• Others expressing interest.

The following are examples of common outreach methods that can be identified in the PIP:

• Virtual Public Involvement (VPI) meetings
• Public and open house meetings
• MoDOT project e-mail alert lists
• Project newsletters
• Drop-in information centers or booths
• Surveys or questionnaires
• Advisory committee and group meetings
• Public hearings
• Design workshops/charettes
• Direct mail/email
• Meetings with public officials
• Individual (one-on-one) meetings
• House-to-house contact
• Meetings with community groups
• Social Media
• Project website/news releases
• Established media relations and contacts
• Telephone hot lines

In addition, MoDOT provides information to the public about traffic impacts as part of its Transportation Management Plan (TMP) for projects (EPG 616.19.6.6). MoDOT also provides general work zone information to the public through various outlets. These include, among other things, publication of a statewide work zone map and work zone safe driving tips, posting of current work zone locations and conditions to the internet, promotion of Work Zone Safety Awareness Week, and advertisement of work zone safety-related messages via radio, television, electronic message boards along the roadway and billboards. These details can also be incorporated in the PIP.

The example PIP or a more detailed plan shall be utilized on all CE2, EA, and EIS classified projects. Use of a PIP on all other projects should be evaluated by the core team members of that project individually depending on the needs of that project.

---

copy only 129.3

---

129.3 “Virtual” Public Involvement (VPI)

A “virtual” public event is one that is held online, in which members of the public attend the meeting and participate remotely. A virtual public event may be held in the following two situations: (1) as a supplement to an in-person public meeting or hearing, or (2) as a substitute for an in-person public meeting for emergency situation and beyond, as defined at EPG 129.12 Glossary of Terms. The following process is designed to provide guidance when a public meeting is required. This process can be adapted to fit the needs of the project.

Public hearings or opportunities for public hearings are required for EISs and for projects that require substantial amounts of new right of way as (defined under EPG 129.5.3.3 Design Public Meeting).

Notice of a virtual public event must comply with the requirements in EPG 129.6.1 Advertisement for Public Hearings or EPG 129.5.1 Advertisement for Public Meeting or the Opportunity for a Public Meeting and EPG 129.6.2 Procedures for Conducting Public Hearings or EPG 129.5.2 Procedures for Public Meetings depending on the requirement. This shall include the requirement to develop and implement strategies to address minority and LEP where such populations are identified in the project area. Consultation with FHWA may be appropriate. Notice of a virtual public event must also include the following:

• Clear instructions about how to attend and participate in the virtual portion of the public hearing (providing a specific webpage);
• An explanation of how the virtual public event will be conducted; and
• A statement that members of the public may, as an alternative to logging-on to the virtual portion of the public hearing, call or email district or project staff to ask questions about the project, access project materials, and submit public comments via email or letter.
• Participants in a virtual public event may be asked to enter their name and email address when commenting on a project or when asking to be added to a project contact list.
• A virtual public event must present the web address for a website where project materials will be posted for public viewing during and after the virtual public event.
• A virtual public event can include a presentation in accordance with EPG 129.6.2 Procedures for Conducting Public Hearings. The presentation will include both audio and visual components. The presentation must indicate that participants may submit comments via email or letter or some other method. The presentation may be pre-recorded and uploaded for viewing at the scheduled public hearing time, and thereafter.
• A best practice is to set up a MoDOT project email address specific to that project to receive comments.
• Closed captioning should be used in all virtual meetings.
• The presentation must explain to participants in the virtual public event that they may call project staff during regular office hours or email project staff to ask questions about the project at any time in the project development process.
• Following the presentation, the virtual public event can include a comment period for members of the public to call a telephone number to verbally provide testimony.
• Strategies for communicating with LEP populations and those with language barriers such as deaf populations during the virtual events must be developed, including providing interpreters, if needed or requested, if that is the only public involvement that will be conducted.
• A transcript of the presentation given in the virtual public event must be prepared if the event is substituted or is a component of a hearing.
• To the extent it is technologically feasible, the virtual public event should be recorded and posted online until at least the end of the allotted comment period. See the paragraph immediately following for further guidance on recording and posting.
• Following a virtual public event, the post-event activities set forth in EPG 129.6.2 Procedures for Conducting Public Hearings and EPG 129.6.4 Presentation for Location and Design Approval to the Commission and Commission Actions Needed will apply.

If a virtual event is recorded, the recording is then an open record under the Sunshine Law and must be retained according to the records retention schedule. Privacy concerns can be alleviated by announcing verbally, during the beginning of the virtual event, that the event is being recorded and will later be available at a predetermined location or by request. Additionally, a disclaimer at the beginning of the video should state that the opinions expressed during the event do not necessarily reflect the opinion of MoDOT or the Commission (or consultant) and do not necessarily constitute MoDOT or Commission policy.

Selecting VPI Tools

Consider the needs of residents, commuters, and stakeholders when selecting VPI tools. Use familiar channels to inform the public about opportunities to comment and how to receive and view information. If possible, collect or request contact information and follow up comments or questions. Develop a PIP to help identify these tools.

Table 129.3, Selecting VPI Tools

VPI Tool	Description	Selection Criteria	Asynchronous or Synchronous*	Cost
Project Website	The project website should be the hub for public involvement. The website must be hosted on modot.org. Tools can be added to the project website, clearly communicating the pathways for public engagement. COCR staff can assist creation of the site, proper tags must be used and include route, county, district.	Update and inform large groups and individuals. Repository of all project information.	Asynchronous	No cost
Webinars and Virtual Meetings	Virtual meetings can be coordinated and streamed live with Microsoft Teams Live event. Attendees can join by computer, telephone, or app. The meeting recording can be added to the project website, MoDOT YouTube channel and shared on social media. Closed captioning should be used. Consultant partners can help organize logistics, videos and other materials.	Update and inform large groups and individuals.	Synchronous	No Cost
Fillable Comment Form	This is a Word or PDF document with several options for submission. It can be emailed or printed and mailed. It can contain open-ended survey questions. SurveyMonkey or a Microsoft Form can also be used. Can also place on a web page.	Offers a structure for comments and questions. Can be used to develop a project contact list while obtaining input. Can be used as basis for Q&A document or website.	Asynchronous	No cost
Narrated PowerPoint	This is a great tool for sharing project updates. The PowerPoint can be saved as a video and added to the project website; availability of the video can be communicated through social media and shared in a press release.	Project and construction updates.	Asynchronous	No cost
YouTube	MoDOT has a YouTube channel where a meeting can be livestreamed or posted on the web for later viewing.	Comments can be turned on or off; if turned on, then must respond either live during the event or later if posted on the web.	Asynchronous	No cost
Online Surveys for Title VI	Surveys are useful for collecting Title VI data and can be incorporated into virtual meetings.	Must be used at all virtual public meetings. Share a link in the announcements section of public meetings.	Asynchronous	No cost
MetroQuest Surveys	MetroQuest or similar tools are excellent for public engagement.	Use with statewide or large projects. Great for reaching commuters and younger age groups on purpose and need and alternatives selection.	Asynchronous	High cost
Telephone Townhall	Telephone townhalls work well when internet access is limited; or when trying to engage people who do not use the internet. Cost for these services vary.	Alternative to Microsoft Teams. Public can register in advance and only need a telephone to participate. Meeting materials and transcripts are available.	Synchronous	Moderate cost
Social Media	Use in coordination with other strategies. Use existing district accounts. Only designated CR staff can post and respond.	Share meeting notices in advance and day-of on social media channels. Useful for quick and immediate information sharing.	Asynchronous	No cost for posting. Social media ads can be purchased.
Public Access Cable TV	Meeting recordings and/or Narrated PowerPoints can be broadcast.	Great companion strategy used in coordination with other tools. Internet connection is not needed.	Asynchronous	No cost to moderate cost
Drive-In Meetings	Identify a location with strong Wi-Fi and designate it as a place for people to park and log into a virtual meeting. This strategy can be used to distribute information and for in-person meetings if sound and presentation equipment is available.	Excellent alternative to virtual meetings in areas with limited internet access.	Synchronous	Moderate cost
Phone Numbers	Always use 1-888-ASK-MODOT, advise CR where to direct calls.	Alternative for those that prefer to provide verbal feedback rather than technical options.	Synchronous	No cost
Email Addresses	A MoDOT project email can be created and directed to multiple emails (PM, CR, consultant). Designate who responds, PM or CR.	Great alternative for individuals that want more anonymity. Can be used to develop a project contact list while obtaining input.	Synchronous	No cost
* Note: Synchronous VPI allows for a dialogue between individuals on either side of the virtual connection whereas asynchronous VPI is passive communication where an individual connects and is limited either to reading or seeing information and/or posting a comment, versus asking a question or making a comment and having it responded to in real time. Asynchronous does not allow direct dialogue. See FHWA's Virtual Public Involvement website.

---

copy only 129.4

---

129.4 Public Involvement Based on Environmental Document Type

Sign-in at public meeting

MoDOT Environmental and Historic Preservation staff coordinate with the FHWA to determine the level of environmental documentation for a proposed project. This determination is based on impacts and their intensity (i.e., significance) and therefore additionally influences the public involvement effort for a given project. It is important that MoDOT’s Environmental and Historic Preservation Section be involved in the development of public meeting materials for all types of classifications in order to avoid any pre-decisional language, and FHWA in particular for EA and EISs. If there is anticipated controversy for a proposed project, the PM will discuss the potential for controversy with MoDOT’s Environmental staff and FHWA to determine if additional action should be taken. (Refer to EPG 127.14.5 for full definition.)

129.4.1 PCE

A Programmatic Categorical Exclusion (PCE) is the lowest level of environmental documentation and is assigned to projects with limited impacts, such as work restricted to existing pavement or within existing right of way, therefore having negligible project impacts. PCE classified projects tend to be non-controversial and require a minimal amount of public involvement (see Table 129, Public Involvement by Type) usually routine methods such as news releases, posting on MoDOT’s website, social media, etc. that may be carried out by staff in various divisions. These documents must be housed in MoProjects to document public involvement for the project. In most cases a PIP is not needed but any comments and responses from public involvement using any other outreach must be documented in MoProjects.

129.4.2 CE2

A documented Categorical Exclusion (CE2) is an environmental classification that requires FHWA approval and a more rigorous evaluation of impacts. These projects must have documented public involvement and a PIP is required. At the minimum, information online, and a public notice with a comment period, must be afforded to the public. The PIP, public involvement documents, and any comments and responses from public involvement must be documented in MoProjects and uploaded to the RES.

129.4.3 Environmental Assessment (EA)

Visuals at public meeting

The NEPA and Federal Highway Administration (FHWA) regulations, 23 CFR 771, require a public hearing or opportunity for a public hearing at a convenient time and place for the public to participate in any Federal-aid projects which require:

• significant amounts of new right-of-way
• substantially changes the layout or functions of connecting roadways or of the facility being improved
• a substantial adverse impact on abutting property
• a substantial social, economic, environmental or other effect
• or for which the FHWA determines that a public hearing is in the public interest

An opportunity for public involvement is required for defining the purpose and need and the range of alternatives, for any action subject to the project development procedures in 23 U.S.C 139.

A public hearing or opportunity for a public hearing is expected to occur after FHWA has approved the EA. If a public hearing is not held, the document must still be made available for public inspection for 30 days in accordance with 23 CFR 771.119 (e)(f) and EPG 129.5 Public Meetings and 129.6 Public Hearing. Once a Finding of No Significant Impact (FONSI) has been issued, a notice of availability of the FONSI shall be sent to all agencies and made available for a minimum of 30 days, upon request by the public.

After the project is initiated, and during the scoping process, the Project Manager and CR staff, and/or the consultant, develops the PIP. The PIP details the coordination and scheduling for an EA, coordinates agency and public participation in the development of the document and becomes part of the administrative record. MoDOT and FHWA staff must approve the PIP.

129.4.4 Environmental Impact Statement (EIS)

When MoDOT, in consultation with FHWA, has determined that an EIS will be prepared, a notice of intent (NOI) is published in the Federal Register (40 CFR 1508.22). A PIP detailing the coordination and scheduling for an EIS is developed early in the scoping process, prior to publication of the NOI. Public involvement is initiated to obtain public input on the purpose and need, alternatives, project schedule and other information necessary for the NOI content. This plan is developed by the Project Manager and CR staff, and/or consultant, and approved by MoDOT and FHWA staff, to coordinate agency and public participation in the document development and is part of the administrative record. The EIS is a level of documentation for projects that have the potential to result in significant environmental impacts.

The draft EIS must contain a summary of agency and public comments up to that point and include a request for public comment. Once the draft EIS is prepared and signed by FHWA and MoDOT, it shall be circulated for comment in the Federal Register for no less than 45 days. In addition, a public hearing or an opportunity for a public hearing must be held during this time. The draft EIS must be made available for a minimum of 15 days in advance of the hearing and also available at the public hearing. If the hearing is not held, a notice shall be placed in a newspaper similar to a public hearing notice that advises where the draft EIS is available to review, how copies may be obtained, and where the comments should be sent. If the FEIS and ROD will be combined, the draft EIS should include a notice on the cover sheet (40 CFR 1502.11) stating a combined document will be issued. The draft EIS should identify a preferred alternative, but if not, there may need to be additional opportunity for public and agency input on the preferred before the FEIS and ROD can be combined.

The final EIS is then prepared after consideration of comments received and shall identify the preferred alternative, evaluate all reasonable alternatives, discuss substantive comments received on the draft, summarize public involvement, and describe mitigation measures. The final EIS shall be transmitted to any persons, organizations, or agencies that made substantive comments on the draft or requested a copy, no later than the time the document is filed with the EPA. A notice of availability (NOA) shall also be published in local newspapers and through DOT Order 4600.13, and a copy should be available for public review at institutions such as local government offices, libraries, and other public locations as appropriate. The Bipartisan Infrastructure Law (BIL) also establishes required coordination with other agencies.

129.4.5 Re-evaluations

Public involvement needs must also be reconsidered during the re-evaluation phase of a project if substantial time has elapsed since the last outreach effort and/or if the project changes warrant additional outreach. Changes might include additional project impacts to resources or to the public that were not initially considered. At a minimum, a 30-day public notice and accompanying comment period, must be afforded to the public. Any comments and responses from public involvement using any outreach methods must be documented in the project files and the RES. Depending on the types of proposed changes and magnitude of the project, a PIP may be needed.

129.4.6 Planning and Environmental Linkages (PEL)

Planning and Environmental Linkages (PEL) is a tool to integrate information, analysis, or products developed during planning to inform the NEPA process (EPG 127.28). Early and ongoing public participation contributes to the decision-making process. Public involvement and participation activities are flexible during the PEL process. When the public involvement plan is developed, consideration should be given to incorporating measures that satisfy public involvement requirements and objectives in other laws and orders, such as NEPA and Title VI. The public involvement should model the requirements for the anticipated NEPA classification (Table 129). Public Involvement materials and website must always contain the following footnote or comment: Missouri Department of Transportation anticipates incorporating recommendations made as part of the PEL study into future NEPA studies, per Title 23 of the US Code, Part 168.

129.4.7 Agency Scoping Meetings and Coordination

Meetings with interested governmental agencies are held on all projects with an environmental classification of EIS and EA, and some CE2s, unless prior consent is obtained from FHWA. Agency scoping meetings are held prior to the preparation of the location study/environmental report but following the preparation of the draft Purpose and Need document and the preliminary screening.

Environmental and Historic Preservation Staff at Cuivre River meeting

Coordination with other agencies and groups is an integral part of the environmental process. Pertinent information obtained from pre-location meetings, agency scoping meetings or other coordination is made available to the public as a part of the public hearing. An up-to-date list of agencies and their addresses is available from the Design Division, Environmental and Historic Preservation section staff.

At these meetings, the general nature of the proposed project is described, and comments are solicited from the agencies. Comments should be solicited and documented in the project file concerning the project's purpose and need, the range of alternatives and their impacts on the environment. Issues that cause little or no concern should receive less attention and time. The MoDOT Project Manager or districts’ consultant for the project, working through the environmental representative in the Design Division, is responsible for arranging this meeting, which shall include a FHWA representative.

Prior to the meeting, the district supplies the Environmental and Historic Preservation office and FHWA with copies of the draft documents along with any other pertinent information concerning the proposed project the district intends to mail or email to all appropriate agencies. Once approved, the district mails or emails materials, with the meeting time and location, and invitation including a map showing the study area.

The scope of the project is presented at the meeting. The MoDOT Project Manager facilitates the meeting and briefly presents the project Purpose and Need. Other topics unique to the specific project are presented and discussed. It may be appropriate to provide a general overview of known environmental and cultural constraints including a presentation of constraints (e.g. parks) sensitive or specific resources) provided by the MoDOT environmental and historic preservation specialist in attendance. Prior to the meeting, coordination must occur between the MoDOT Project Manager, district staff, FHWA, MoDOT environmental, Design Division, and consultant staff, if applicable, must occur to ensure appropriate materials and format are developed as all groups have a role in the meeting.

---

copy only 129.5

---

129.5_Public_Meetings

Glossary Definition
Public Meeting: A public gathering for the express purpose of informing and soliciting input from interested individuals regarding transportation issues. There are no formal requirements and can be tailored to meet department or community needs.

A public meeting does not have the same requirements as a public hearing. Public meetings do not require any formal presentation and are tailored to meet department or community needs. There are different types of public meetings that MoDOT holds including Pre-Location Study Meetings, Location Study Meetings and Design Meetings.

The MoDOT Project Manager (PM) is responsible for identifying the level of public involvement needed for a project. This includes scheduling and coordinating public involvement meetings in collaboration with the district communications (CR) manager and in cooperation with the Central Office Design Division for all projects, including those in which consultants are used. Adequate and appropriate MoDOT staff should be available to answer questions from the public during the meeting. Normally this includes the District Engineer, Project Manager, Area Engineer, CR manager, civil rights staff, and the project designer(s). Other staff, such as Environmental and Historic Preservation staff or Right of Way staff, should be included on a project-by-project basis. The Design Division is consulted when it is necessary for specialists from the Division to attend the meeting. If consultant staff are involved in the preparation of the project, appropriate members of the consultant team should also attend.

Public meetings can range from large informational presentations to small groups or one-on-one meetings with individuals. The “open-house” style is in an easy-to-navigate space where the public can come and go at their convenience. It allows members of the public to discreetly ask questions and talk with project representatives about their needs, concerns, and ideas. Visual aids, displays, and handouts are often provided as well as a station where public comments can be submitted for consideration. Displays in general should have the project title at the top of each board (i.e. Route H Bridge Replacement, Lincoln County). Open house meetings can be effective for introducing a proposed project to the public and stimulating an exchange of ideas. Small group meetings are useful for gaining information from community groups, underrepresented groups, neighborhood groups and advisory committees. Additionally, having the ability to utilize workshops, where large groups are organized into small discussion groups, serves to maximize the participation of all attendees while discouraging domination by a few groups or individuals. These small group meetings are not generally advertised to the general public; however, a summary of informal meetings shall be included in the project documentation in the RES, MoProjects and the Administrative Record (if applicable).

129.5.1 Advertisement for Public Meeting or the Opportunity for a Public Meeting

Major Project webpage

Notices concerning public meetings or the opportunity for a public meeting will be published in local newspapers, on social media and on the district’s website at a minimum. The PM in cooperation with the CR manager drafts the notice to be published for the meeting or opportunity for the meeting. Notices should contain the project description, time, date, ADA and/or LEP accommodation and location of the meeting, as well as where project information can be viewed. The notice should contain language such as, “if assistance is needed in another language, please contact the (contact listed in the notice) by (date)”, or something more generic like “We are committed to providing equal access to this event for all participants. If you need a reasonable accommodation, please contact (contact listed in the notice) by (date).” The outcome of the LEP analysis should lead to some conclusions regarding potential concentrations of LEP populations. The greater the number or proportion of LEP persons from a particular language group in the project study area, the more likely language services will be needed. If one or more of the following LEP thresholds is applicable, determine the type and degree of language assistance services that would reach the most LEP populations:

1. 1,000 persons or more who speak a language other than English also speak English “less than very well”
2. 5% or more of the population who speak a language other than English also speak English “less than very well”
3. Interviews with community leaders indicate the need to accommodate certain languages other than English.

If the project area is known to speak a language other than English and the project impacts that population, the district will document how accommodations were made such as disseminating the public notice in that language as well. The district will need to review information found in the RES, Socioeconomic resource section, on LEP. If that information is not provided in the RES, the following link provides detailed instructions for obtaining LEP information: LEP data instructions. For additional assistance on obtaining LEP data, please contact MoDOT’s Environmental Section or MoDOT’s Business Development and Compliance (EC) Division. The PM can find the latest language contracts at Interpreter and Translation Contracts If an opportunity is published and the district receives no requests for a meeting, they document the opportunity for public meeting notice and that no requests were received.

The information on the notice should also be available on the district’s website. Information from public meetings can be made available online as virtual public meetings through the district’s website. (Refer to EPG 129.3).

If the district believes other methods of advertising a public meeting would help increase public attendance, these options should be explored. Options may include direct patron mailings, flyers posted in high-traffic public areas, neighborhood newsletters, signs erected in the project area, or other means.

If the “open house” format is to be utilized, this procedure is explained in the notice. The notice of public meeting specifies that maps, drawings, appropriate environmental documents, other pertinent information developed by the department and written views received as a result of coordination with other agencies or groups, will be available for public inspection (CFR 771.111). A copy of the notice shall be kept in MoProjects or on CR Division sharepoint site.

129.5.2 Procedures for Public Meetings

Public meetings are to be held at a place and time generally convenient for persons affected by the proposed undertaking and should be close to the project area. When selecting the time and location of the meeting, special consideration will be given to making the setting comfortable and accessible for all, including minority and disadvantaged populations (see EPG 129.1 Environmental Justice, ADA, LEP and Title VI). MoDOT’s PM and CR manager is responsible for determining the information to be provided and style of the meeting. The PM will coordinate with other appropriate staff including the MoDOT environmental representative, when necessary to ensure a productive and informative meeting.

The following are informational types of items that might be included in the meeting materials:

• The proposed project’s purpose and need.
• Describe the proposed project’s conformity with the goals and objectives of the area.
• Describe the problem to be addressed, why MoDOT is the appropriate agency to address them, and the reasonable process MoDOT will follow or has followed to come to a solution.
• Communicate the potential project impacts to the community and the efforts that would be made to minimize and/or mitigate those impacts (23 CFR 771.111(2)(v)).
• Include information such as crash data, structural deficiencies, and capacity problems.
• Public requests may be cited as justification for the project.

It is the Project Manager’s responsibility to document everything (e.g. notices, comments, how comments are being addressed, commitments developed as a result of comments, all PI material), and then provide them to MoDOT Environmental for all Classes of Actions, including PCEs.

129.5.3 Types of Public Meetings

Essentially, MoDOT manages all types of public meetings similarly by providing a public meeting notice, conducting an open-house-style format, and obtaining comments from the public. The Commission directs MoDOT to conduct public involvement prior to Commission approval of Location and Design for significant projects. (Refer to Commission policy 010-10-01-HWYS.)

129.5.3.1 Pre-location Study Meeting

A pre-location study meeting is a type of public meeting that may be necessary for an EA or EIS environmental classification, prior to the preparation of a location study (LS)/environmental report (EPG 126 Location Study and Alternatives Analysis).

The purposes of a pre-location study meeting are to describe the general nature of the proposed project to the public, and to obtain comments concerning the project's purpose and need, the range of alternatives and their impact to local communities and the environment of the area. The pre-location study meeting should help to determine the details of community values, goals and objectives and other areas of special interest of which the local citizens may be aware including history, archaeology, geology, biology, and public lands in the study area. The draft Purpose and Need, as accepted by FHWA and the Design Division, is furnished at the meeting for consideration and comment by the public to help define the Purpose and Need under 23 USC 139. Comments and information received at the meeting will be used to refine or expand the draft Purpose and Need prior to its inclusion as a section of the Location Study Report.

Prior to the pre-location study meeting date, preliminary scoping, and screening and early constraint identification for wetlands, cultural resources, public use areas, etc., must be completed. Preliminary scoping may include scoping meetings for complex projects or written agency correspondence for less complex projects as determined by the Design Division and FHWA. The information from the screening and constraint identification is presented to the public at this meeting as it can limit potential for alternatives.

Displays available at the pre-location study meeting should be general in nature showing the entire study area with no definite solutions identified. Typically, one display should demonstrate all environmental and cultural constraints identified except the archaeological sites, threatened and endangered species, and caves. These are considered sensitive information and are not revealed to the public. Other displays might include information from the Purpose and Need concerning crash rates, and capacity and/or deficiencies of the existing facility. To assist the public in understanding the process, a display may be provided showing the general process for completing a location study/environmental report with the pre-location study meeting stage highlighted. For projects where relocation of a route might be an option, it is helpful to provide a blank display on which the public can draw suggested alignments. The public can also identify potential environmental impacts such as family cemeteries, underground storage tanks, etc. This display and all meeting materials must be included in the environmental documentation (administrative record, MoProjects, RES) as well as a summary, and any written comments and responses provided.

Comments and recommendations from the meeting will be used by the district to refine the purpose and need for the project, develop the range of reasonable alternatives, and develop the location study/environmental report.

129.5.3.2 Location Public Meeting

A location public meeting is held to provide the opportunity for effective participation by interested persons in discussing specific location features, including the social, economic, environmental and other effects of all the reasonable project alternatives. These meetings afford the department an opportunity to receive information from sources that will be of value in choosing a preferred location. Location public meetings are typically part of the EA and EIS process but could be held for a CE2 or PCE as well. It may be acceptable to hold a combined location and design public meeting for CE2 projects. A summary of the meeting is submitted to the state design engineer for location approval of a PCE and CE2 projects in the form of a Conceptual Study Report. For location approval of EA and EIS processes, Commission approval is needed. When a location public meeting is to be held for an EA or EIS, it is typically held after FHWA approves the EA or Draft EIS for public review. In the case of an EIS project, once the draft EIS is signed, a notice of availability (NOA) is published by the Environmental Protection Agency (EPA) once they receive the approved draft EIS in Washington D.C. The district may then advertise for the location public meeting. For a project with an environmental classification of CE2, a location public meeting may be held after the conceptual plan is approved.

129.5.3.3 Design Public Meeting

A design public meeting is offered for projects where input from the public is needed on the design of a proposed project, regardless of environmental classification. The design public meeting should be considered by the PM for projects that substantially change, temporarily or permanently, the function of the roadway or may have an impact on the use of the roadway. A meeting will be considered, even if not "required", if the impact on the traveling public, adjoining property owners and businesses in the area is considered to be substantial. Additional consideration should be given for large projects, those that have many parcels or heavy public interest. Additionally, a design public meeting should be considered anytime a project impacts alignment (vertical or horizontal), impacts the roadway typical section, changes permanent traffic control infrastructure (stop control to signal control), minor right of way impacts, impacts other modes of transportation, road closures or detours (impacts to users are significant), potential environmental impacts, significant public interest in the project, controversial projects, major project that don’t require public hearings, cost share or cost apportionment projects in which we have other partners in delivering a project, projects that will be long in duration (more than one season to complete), etc. One principal indicator for when a design public meeting should be considered would be on projects that require a preliminary plan.

This is left to the discretion of the District Engineer, in consultation with the PM. A meeting may be desirable to advise local officials, EMS, school districts (bus routes), motor carriers (OWOD permits), adjacent property owners and other users of the details of the project. For instance, bridge replacement projects that close the road during construction should have a public meeting or opportunity for a public meeting to inform the public of the closure. If a public meeting is not held, reasons should be well-documented in MoProjects. If the projects involves Noise, Section 106, Section 4(f) or Section 6(f) lands, the Design Public Meeting can contribute to the requirements of those issues. (See EPG 129.7 Noise Wall Public Meeting and Voting, EPG 129.8 Section 4(f) Lands and EPG 129.9 Section 106 and Tribal Consultation). A “virtual” design public meeting can be substituted for a design public meeting.

These criteria are considered a minimum level for which a public meeting or opportunity for a meeting is required. Authority to conduct the design public meeting is given with the District Engineer's approval of the preliminary plans. At design public meetings, the preliminary plans and other exhibits from the location study are displayed. Pertinent information about the location alternatives studied and reasons for selecting the proposed location are discussed. Details of the effect of the proposed design on individual properties are discussed along with information about the design alternatives studied.

A meeting will be considered, even if not "required", if the impact on the traveling public, adjoining property owners and businesses in the area is considered to be substantial. Additional consideration should be given for large projects, those that have many parcels or heavy public interest. This is left to the discretion of the District Engineer, in consultation with the PM. A meeting may be desirable to advise local officials, EMS, school districts (bus routes), motor carriers (OWOD permits), adjacent property owners and other users of the details of the project. A summary of the meeting is submitted to the state design engineer for design approval and housed in MoProjects.

---

copy only 129.6

---

---

copy only 129.7

---

---

copy only 129.8

---

---

copy only 129.9

---

---

copy only 129.10

---

---

copy only 129.11

---

---

copy only 129.12

---