Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS › Subchapter C - ENVIRONMENTAL REVIEW PROCESS FOR HIGHWAY PROJECTS › Section 2.44 - Project Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Project scope
				  required. If an environmental review document is expected to be prepared for a
				  highway project, or if the project sponsor for a highway project is a local
				  government and documentation of categorical exclusion is expected to be
				  prepared for the project, the project sponsor, in collaboration with the
				  department delegate, will prepare a detailed project scope that describes the
				  preparation of the environmental review document or documentation of
				  categorical exclusion and performance of related tasks. A district or division
				  that has dual roles as both project sponsor and department delegate satisfies
				  this requirement by placing the project scope in the project file. For purposes
				  of this section, a project sponsor includes a local government that proposes to
				  serve as a project sponsor and intends to seek the department's approval of
				  such a designation under §
										2.47
				  of this subchapter (relating to Approval of Local Government as Project
				  Sponsor).
(b) Form. The project
				  scope must be prepared using standardized information requirements approved by
				  the Environmental Affairs Division. The Environmental Affairs Division will
				  establish the required content for development of a project scope. A project
				  scope may be prepared electronically in the department's environmental
				  database. The level of detail for any issue on the scope should be commensurate
				  with the nature of the highway project and the potential complexity and risk of
				  the issue.
(c) Optional agreement
				  between local government project sponsor and department. Notwithstanding any
				  provision of this subchapter, the project scope may include the department
				  delegate's agreement to complete a task that §
										2.43
				  of this subchapter (relating to Project Sponsor Responsibilities) otherwise
				  directs is the responsibility of the project sponsor. Any such agreement must
				  clearly identify the task that the department delegate has agreed to
				  complete.
(d) Participation by
				  FHWA. For a highway project for which an environmental decision requires FHWA
				  approval, the FHWA may also be a party to the project scope. The project
				  sponsor and department delegate will determine whether to invite FHWA to be a
				  party to the project scope as soon as possible, but in no event later than the
				  initial meeting between the project sponsor and the department delegate. Any
				  matter agreed to by the project sponsor and the department delegate in the
				  project scope, including the anticipated classification, may be subject to FHWA
				  approval for an FHWA transportation project.
(e) Deadline for issuing classification
				  letter. For projects for which a local government proposes to be the project
				  sponsor, the department delegate will issue to the local government on or
				  before the 30th day after the date that the local government submits its
				  proposed project scope to the department delegate, a letter indicating the
				  anticipated classification of the project based on the information provided by
				  the local government. If the department delegate indicates its approval of the
				  project scope by signing it on or before the 30th day after the date that the
				  local government submits its proposed project scope to the department delegate,
				  a separate classification letter is not required.
(f) Receipt of optional fee. If the project
				  sponsor is a local government that proposes to pay an optional fee under §
										2.46
				  of this subchapter (relating to Optional Payment of Fee by Local Government),
				  the fee must be received by the department before the department delegate may
				  indicate its approval of the project scope by signing it.
(g) Amendment of project scope. The project
				  sponsor shall promptly notify the department delegate of any change in the
				  description of the project. If, after completion of the project scope, there is
				  a material change in the description of the project, or any other change that
				  materially affects how the project sponsor will satisfy the requirements of
				  this chapter, the project scope must be amended accordingly. An amendment must
				  be agreed to in writing by the project sponsor and the department
				  delegate.