Texas Department of Transportation Section 1309, TEA-21 Comprehensive Streamlining Efforts

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1 Texas Department of Transportation Section 1309, TEA-21 Comprehensive Streamlining Efforts Agreements, Partnerships, Rules, Guidance Karst Decision Flowchart - This decision flowchart identifies the process to follow to determine the level of coordination needed when a project may potentially impact endangered karst invertebrates. The flowchart streamlines the environmental process by providing alternatives to the labor- and time-intensive survey protocols provided by the U.S. Fish and Wildlife Service (USFWS) for karst invertebrates. The Federal Highway Administration (FHWA), USFWS and TxDOT collaborated on the development of this useful tool. Additional flowcharts are being considered for other species. TxDOT/Texas Parks and Wildlife (TPWD) Memorandum of Agreement (MOA) This MOA details the level of information needed to adequately describe the natural habitat in the vicinity of a proposed project. The MOA also provides criteria to be used for the consideration of mitigation for any habitat impacted. This MOA will streamline the environmental review process by providing uniform guidance and criteria for habitat description and mitigation. The MOA was a joint effort between TxDOT and TPWD. Resource Agency Coordination and Memorandums of Understanding TxDOT has Memorandums of Understanding (MOUs) with the Texas Parks and Wildlife Department (TPWD), the Texas Historical Commission (THC) and the Texas Natural Resource Conservation Commission (TNRCC): The MOUs with each regulatory agency allow for early project coordination. ΠTexas Parks and Wildlife Department: TxDOT and TPWD currently have a signed MOU that establishes when TxDOT submits an environmental document to TPWD for review and comment. The MOU sets an initial review period of 45 days. The MOU includes a process for early coordination that could preclude later review. ΠΠTexas Historical Commission: TxDOT and THC have a signed MOU that establishes when TxDOT submits an environmental document to THC for review and comment. The MOU establishes a review period of 30 days for Determination of Eligibility and 30 days for Determination of Effect. Texas Natural Resource Conservation Commission: TxDOT and TNRCC have a signed MOU that establishes when TxDOT submits an environmental document to TNRCC for review and comment. The MOU establishes a review period of 30 days and includes an additional provision for coordination with TNRCC in complying with the Edwards Aquifer Protection Program. A 45-day review period is provided for Edwards Aquifer Protection Plans in accordance with the Interagency Cooperation Contract relating to such coordination.

2 ΠProgrammatic Agreement with the Federal Highway Administration (FHWA) A Programmatic Agreement between TxDOT and FHWA is used as a streamlining tool. The Programmatic Agreement allows TxDOT to process and clear documents that result in Categorical Exclusions. These documents are known as Programmatic Categorical Exclusions. ΠTransportation Enhancement Program programmatic categorical exclusion agreement In 1994, TxDOT developed a programmatic categorical exclusion agreement for projects funded under the Transportation Enhancement Program. The agreement delegates approval authority to TxDOT for transportation enhancement projects that meet the criteria outlined in the agreement. Section 106 Programmatic Agreement TxDOT is working to update a Programmatic Agreement with the Advisory Council on Historic Preservation (ACHP) and the State Historic Preservation Officer (SHPO) that dates from The sought-after update would delegate more responsibility to TxDOT to process Section 106 project requirements that meet agreed upon criteria. It is expected that such an agreement could save about three months of review time for 80 percent of the projects subject to Section 106. Environmental Impact Study team concept In 1997, TxDOT began the Environmental Impact Study (EIS) team concept. A team composed of Environmental Affairs Division technical reviewers and a project manager is formed whenever an EIS is proposed. The team conducts field visits, becomes a member of the project work group and conducts a review of the EIS. The formation of the team has assisted in expediting the review process. TxDOT/FHWA quarterly meetings TxDOT and FHWA host quarterly meetings with resource/regulatory agencies to discuss issues of mutual interest, including streamlining efforts and specific project concerns. Internal Procedures Advanced Right of Way Acquisition To facilitate project development in some special circumstances, TxDOT s Environmental Affairs and Right of Way divisions are developing a process to acquire right of way prior to final environmental approval, while also continuing to address environmental concerns and meet public involvement requirements. The process to request early right-of-way acquisition will continue to reflect investigation into potential environmental consequences along a locally preferred alignment Environmental Tracking System (ETS) ETS is an effective tool used to track coordination activities, and document environmental issues, permits and commitments. ENV technical staff, district environmental and design staff use the ETS database, which provides a useful link between division and district. Environmental Permits, Issues and Commitments Sheet In 1995, ENV developed the Environmental Issues and Commitments Sheet that was intended to assist in keeping track of environmental commitments. An improved version of the sheet was later renamed the Environmental Permits, Issues and Commitments Sheet (EPIC) and was included in the ETS system in Including environmental commitments in plans has helped to ensure that they are carried out during

3 construction. The party responsible for carrying out a commitment is also identified. Use of EPIC sheets and the Design Summary Report (one document with all basic project information) clarifies TxDOT design needs for a project, ensuring that commitments are in the PS&E so that they are not overlooked during design, construction and maintenance. Environmental Management System TxDOT s Environmental Affairs Division is working on long-term development of an Environmental Management system (EMS) that will consist of written policies and procedures to plan, implement, review, and improve actions that are taken by the department to meet its environmental objectives. Permitting Liaison Position - A full-time position in ENV was created to focus on permit and compliance issues with the U.S. Army Corps of Engineers (USACE) and its enforcement of Section 404 of the Clean Water Act. The permits assistance officer offices both at the Environmental Affairs Division in Austin and at the USACE Galveston District office. This position aids in streamlining the permitting process by providing a direct link between those who prepare permits at TxDOT and permit reviewers at USACE. Hazardous Materials Guidance TxDOT guidance encourages that secondary phases of hazardous materials investigations begin earlier in the planning process after an Initial Site Assessment identifies areas of potential concern, allowing earlier consideration of options to resolve problems without delaying a project. Hazardous Materials in Project Development Guidance is available department-wide via intranet. Continuous Improvement (CI) Agreements ENV has CI agreements with all 25 TxDOT districts. The CI agreements assign responsibility for various environmental tasks or coordination. This assignment of responsibility limits potential confusion between ENV and districts. Public Hearing Summary and Analysis Format In 2001, TxDOT s Environmental Affairs Division developed a public hearing summary and analysis format available to all districts. The recommended format provides consistency in the preparation of public hearing documents and facilitates reviews. Mitigation Approaches Wetland Banks TxDOT has three active wetland mitigation banks for use in transportation projects. The mitigation bank program was developed as a costeffective alternative to traditional transportation project mitigation. These banks help in the timely delivery of transportation projects due to the development of a preapproved program that mitigates for wetland impacts. Credits are withdrawn from each bank by an agreed-upon formula. Conservation Easement To conserve endangered species habitat and obtain the approval of resource agencies, TxDOT has created conservation easements. Land ownership is retained by the private landowner who contractually agrees not develop the site. Easements are monitored and surveyed periodically to ensure that no harm is done to the endangered species. TxDOT s first, and so far only, conservation easement was finalized in 2000 for the Navasota ladies tress, a threatened orchid.

4 In Lieu Fee Legislation passed in 2001 by the 77th Texas State Legislature allows TxDOT new options to mitigate when adverse impacts due to transportation projects cannot be avoided. Previously, TxDOT could acquire land and manage mitigation projects itself, or contract with only one outside entity, the Texas Parks and Wildlife Department, to manage mitigation projects. The legislation allows TxDOT to contribute to established funds that direct and manage the preservation, enhancement and/or creation of endangered species habitat, wetlands, etc. This form of mitigation is expected to be more efficient than acquisition and management of real property by TxDOT. Contracting with others At times TxDOT is asked to perform mitigation work as part of a permit application or through negotiations with a resource agency. TxDOT can contract with others to perform this mitigation work. Permitting Safety, Delineation & Project Specific Location Workgroups These workgroups were established specifically to streamline the Section 404 process with respect to three different issues: 1) Safety and emergency projects, 2) Wetland Delineation, and 3) Project Specific Locations (PSL). Each workgroup has implemented specific streamlining strategies to improve the 404 process. Staff from the Federal Highway Administration (FHWA), Environmental Protection Agency (EPA), U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS) and TxDOT participated in the workgroups. U.S. Army Corps of Engineers (USACE) Regional General Permit (RGP) This RGP is under development to authorize many minor maintenance activities and to provide an increased impact threshold for larger construction projects. Development of the RGP has been a team effort between TxDOT s Environmental Affairs Division and USACE. TxDOT expects the RGP to streamline the permitting process and to reduce paperwork. TNRCC 401 Certification TxDOT is currently in negotiations with the TNRCC to continue streamlining efforts already initiated by TNRCC. TNRCC and the USACE have a streamlining agreement in place for Individual Permits. TxDOT is working to make the 401 water quality certification process for Nationwide Permits more efficient and effective with regard to the types of work done by TxDOT. Information Geographic Information Systems (GIS) TxDOT s Environmental Affairs Division is building a database of GIS maps and is setting up a server that will allow departmentwide use. As planned, the system will allow a user in any of the 25 districts and other divisions to click on a desktop icon to create project-level GIS maps, choosing from among available layers of data in the GIS software ArcGIS. Pilot testing is planned for early Maximize use of the Texas Historical Commission (THC) Historic Sites Atlas database and Houston-PALM The THC s Historic Sites Atlas database compiles in one map-based location all recorded information on historic structures, historic markers and archeological sites statewide. The database allows identification of

5 potential conflicts during the project planning phase. ENV has also created the Houston-PALM database (Potential Archeological Liabilities Map) for TxDOT s Houston District. Based on geoarcheology, PALM is a planning tool that predicts areas where planners will or will not have pre-history archeological concerns. TxDOT is developing a PALM for its Fort Worth District, due for completion in Also in development is a database tentatively called "Houston Historic" that maps the locations of structures found on old maps of Houston, due for completion in Environmental Manual A new manual to replace the 1988 Operations and Procedures Manual Part II-B is being finalized. The new manual, called the Environmental Procedures in Project Development Manual, will be available online in June Pilots, Projects and Training Training classes TxDOT has completed development of 10 advanced environmental training classes for all TxDOT staff. Paperless Pilot ENV has implemented a paperless pilot program where selected districts submit environmental documents electronically. Reviews by technical staff are done electronically. The paperless review eliminates hard copies and saves time. Streamlining Pilot Project The Dallas District s Loop 12/I-35E is one of 10 transportation projects nationwide selected for a pilot program to streamline its major investment study and environmental assessment. Originally scheduled for letting in fiscal year 2009, the project should now move up to a letting date in fiscal year 2005 or I-69 Project This massive project will cover eight districts (Pharr, Laredo, Corpus Christi, Yoakum, Houston, Beaumont, Lufkin and Atlanta Districts) and may stretch as much as 1,000 miles. In an effort to expedite the project development process a comprehensive Process Manual that outlines streamlining procedures is being developed by TxDOT and its consultant with input from external resource and regulatory agencies (RRAs) including FHWA. A multi-agency partnership led by TxDOT and FHWA has been formed that establishes committees and workgroups with a built in conflict resolution procedure. By inviting and including the RRAs early on, TxDOT and FHWA hope to build a greater level of understanding of the overall intent of the project from the outset. Streamlining efforts include: As an extension of TxDOT staff, the General Engineering Consultant (GEC) Parsons Brinkerhoff and their subconsultants PBS&J, are overseeing the work of several Segment Engineers (SE). The GEC oversight of SE work will provide QA/QC and consistency in each deliverable prepared according to the Process Manual and Scope of Work. Both TxDOT and FHWA have hosted workshops and training courses on a variety of issues to help the SEs understand the expectations before the environmental analysis actually begins. Classes are being developed for specific areas of interest in a continual effort toward efficiency and consistency. The formation of a steering committee made up of TxDOT and resource agency decision-makers, and a technical committee, composed of TxDOT and resource agency technical staff, who review the work of the consultants.

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7 Research An Assessment of Public Involvement Strategies This research conducted by the Texas Transportation Institute for TxDOT has identified impediments to effective public involvement during the transportation decision making process. Stewardship/Pro-Active Efforts Bat Friendly Design In appropriate locations, TxDOT now designs some drainage culverts and bridges to provide habitat for bats. TxDOT cooperates with the nonprofit group Bat Conservation International to coordinate this effort. In Central Texas there is a 94-percent chance that a structure built to accommodate bats will be occupied within five years. Recycling TxDOT has tested and continues to explore the use of a variety of materials for use in transportation projects. These include reclaimed asphalt pavement (RAP), crushed concrete, tire rubber, roof shingles, glass cullet, plastics, coal combustion byproducts such as fly ash. Composting TxDOT encourages the use of compost on highway maintenance and construction projects to control erosion and to accelerate establishment of vegetative cover. Context Sensitive Design (CSD) TxDOT now uses CSD to address the impact of projects on the community and the environment during the design and planning phases. CSD projects include early and continuous public involvement, designs that blend with the cultural and natural environments, and designs that satisfy safety, mobility and accessibility needs. The combination of these four elements in the design process -- individually none of them are new to TxDOT -- means that a project will have a high probability of success. The public has input on projects and TxDOT saves money, resources and time by focusing on designs that will be well received. The Houston District's Green Ribbon Project TxDOT s Houston District in December 1999 released The Green Ribbon Project, a master plan for context sensitive design of transportation improvements along 80 miles of Houston s network of freeways. The master planning concept behind the Green Ribbon Project has now been expanded by TxDOT to districts across the state for use in urban areas of 100,000 population or more. Alternative fuels Since 1993, TxDOT has increased use of clean-burning alternative fuels and decreased its use of gasoline by 50 percent. The department operates about 5,200 alternative fuel vehicles that run on LPG or CNG. Most of the vehicles can also burn gasoline if the alternative fuel is not available. Hybrid vehicles TxDOT is experimenting with two Toyota Prius passenger vehicles in its fleet to evaluate whether to add more of them to the motor pool. The car achieves an average 48 mpg by alternating between its gasoline powered engine and electric motor. Education kits for schools TxDOT s Environmental Affairs Division has developed four education kits aimed to teach environmental principles to students and to raise awareness of the department s green efforts. "Planning a Highway" is a multi-discipline education kit developed by TxDOT with help from the Texas Historical Commission and Texas Parks and Wildlife Department. Each of the five lessons examines the issues involved with planning

8 a highway, including: geological, topographical biological, hazardous wastes, historical, archeological and social issues. The "Giving Nature a Hand" education kit is aimed at 7th-9th grade students. The lessons tell how and why TxDOT manages vegetation along more than 800,000 acres of non-paved highway right of way so that it supports hundreds of animal species and thousands of plant species, including spectacular wildflowers. The "Road to Recycling" education kit introduces elementary-age students to recycling and the related field of composting. The Rubin Hancock Farm curriculum is designed to teach 7th-grade students about African-American history at the turn of the century. The five lessons are based on the TxDOT sponsored archeological excavation of the Rubin Hancock Farmstead site in Austin, Texas. Environmental Achievement Award TxDOT s Environmental Affairs Division sponsors this annual competition. Winners so far are: The El Paso District for its River Road Project that included special mitigation efforts to accomodate for two wetlands and a prehistoric archeological site. The Waco District for its preservation of a rare lenticular pony truss bridge. The Odessa District for its multi-faceted vegetation management plan aimed at erosion control through the use of native grasses, biodegradable soil retention blankets, gravity flow drip irrigation and the use of reclaimed effluent water. The Laredo District for engineering a drainage culvert to double as bat habitat. The Waco District for its pro-active enhancements to a wetland adjacent to a highway improvement project.