129.4 Public Involvement Based on Environmental Document Type
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 eProjects 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 eProjects.
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 eProjects and uploaded to the RES.
129.4.3 Environmental Assessment (EA)
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 environmental justice. The public involvement should model the requirements for the anticipated NEPA classification (Table 129).
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.
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.