Environmental Process. If it is specified in the Funding Table, the environmental process is eligible as a project cost. The Responsibility Table defines whether DOTD or the Entity shall be obligated to complete the work specified in this Article. The Project will be developed in accordance with the National Environmental Policy Act (NEPA), as amended, and its associated regulations. Additionally, the Project will comply with all applicable State and Federal laws, regulations, rules and guidelines, in particular 23 CFR Parts 771, 772, and 774, along with the latest version of DOTD’s “Stage/Phase 1: Manual of Standard Practice” and “Environmental Manual of Standard Practice.” All Stage/Phase 1, environmental documents, and public involvement proposals, prepared by or for the Entity, shall be developed under these requirements and shall be submitted to DOTD for review and comment prior to submittal to any agency.
Environmental Process. MDOT is seeking two separate NEPA approvals for the Managed Lanes Study (“MLS”) and the I-270 from I-370 to I-70 components of the Phase. A ROD for the MLS component of the Phase, which covers Phase South, is anticipated in Spring 2021. MDOT will inform the Phase Developer of the NEPA related commitments and conditions and the Phase Developer shall comply, and ensure the Section Developer complies, with all such commitments and conditions. For the portion of the Phase on I-270 from I-370 to I-70, which covers Phase North, the NEPA class of action is expected to be an Environmental Impact Statement. In coordination with the Phase Developer, MDOT and FHWA will determine the schedule for initiation of the NEPA process. MDOT and FHWA will retain control and responsibility for the NEPA process. It is anticipated the Phase Developer will assist and cooperate with MDOT as needed during the NEPA process for the I-270 from I-370 to I-70 component. Phase Developer will not be asked to perform services that would violate conflict of interest rules under NEPA regarding the preparation, review, revision, and decisions on the scope and content of draft and final environmental review documents. The Phase Developer shall notify MDOT immediately if it identifies a conflict or potential conflict in relation to the NEPA approvals. The Phase Developer shall, in accordance with 23 CFR §636.109(b), support MDOT with the environmental process for Phase North by:
Environmental Process. Authority The Authority or the PMT can collaborate with local agencies during the environmental process to solicit input on aesthetic design and visual resource mitigations, consistent with CEQA and NEPA. The Authority will need to evaluate, with consultation with local agencies as appropriate, how to organize and conduct local agency input to the environmental analysis. Content and process should be reasonable, fair and equitable for both the Authority and local agencies. A benefit of incorporating aesthetic design guidance into the EIR/EIS is the opportunity for public comment on the mitigations, furthering environmental process transparency. Aesthetic design guidance can be incorporated in the environmental documents as part of the project description, 15% preliminary design, and/or as visual mitigation. These guidelines can be incorporated by reference, either in whole or in part, into the EIR/EIS documentation for individual project sections for certification by the Authority and the Federal Railroad Administration. Local Agencies Local agencies are responsible to review and provide comment per CEQA and NEPA on visual mitigations consistent with local context, standards and plans. It is the Authority’s expectation that by working collaboratively with a local agency on aesthetic design guidance, that the local agency will accept that the process meets CEQA and NEPA requirements for stakeholder engagement with development of visual mitigations.
Environmental Process. In completing the Project, the Recipient should contemplate that completion of an environmental process (“clearance”) by Recipient (and/or State if it affects a State facility within the meaning of the applicable statutes) may be required prior to right-of-way purchase or construction. For future planning, no State agency may request funds nor shall any State agency, board or commission authorize expenditures of funds for any Project effort, which may have a significant effect on the environment unless such a request is accompanied with all appropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Resources Code section 21080(b) (10), (11), and (12) provides an exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights-of-way already in use.
