US Department of Transportation

FHWA PlanWorks: Better Planning, Better Projects

US Department of Transportation

FHWA Planworks: Better Planning, Better Projects

ENV-8: Approve Draft EIS with Conceptual Mitigation

Environmental Review/NEPA Merged with Permitting

Description:

This is a formal approval point at which the Draft EIS, accompanied by conceptual mitigation, is approved and circulated for public review. At this Key Decision, land use partners indicate their support of any land use policy changes that would be required to implement the recommendations in the Draft EIS.

There is information developed in prior Key Decisions that informs this step.

Basics:

The first table describes the purpose and anticipated outcome of a Key Decision. If the decision is federally mandated, the purpose and outcome will relate to the legal intent.

The second table describes roles for key partners with legal decision making authority in the transportation process. The roles indicate the influence a partner can have on a decision, and show each partner where their input is most needed. For a full understanding of roles see the Partner Portal.

Purpose

To endorse a draft EIS that is sufficient in content and that presents the trade offs in transportation, environment, and community interests. The Draft EIS is accompanied by conceptual mitigation strategies, incorporating an early mitigation strategy where one exists, and can be accompanied by a Section 404 permit application.

Outcome

An approved draft EIS and conceptual mitigation strategies that incorporate any early mitigation strategy.

Partner	Role Type	Description
MPO	Advisor	Provides information to support the release of the Draft EIS including important stakeholders and regional considerations.
FHWA/FTA	Decision Maker	Approves the release of the Draft EIS with conceptual mitigation for public comment.
State DOT	Decision Maker	Ensures the Draft EIS with conceptual mitigation meets federal requirements and is adequate for public review.
Resource Agency	Decision Maker	USACE is a decision-maker - approving the DEIS and validating the sufficiency of any early mitigation strategy. In fulfilling their duties pursuant to Section 309 of the Clean Air Act, USEPA advises this Key Decision, reviewing and providing comments on the Draft EIS. Along with the comments, USEPA provides two ratings, one is given according to the level of environmental concern and the other relates to the adequacy of the Draft EIS. In general, resource agencies inform transportation partners about potential direct and cumulative effects by providing input around the approved evaluation measures. Resource agencies provide information about conservation/restoration priorities and mitigation needs and costs.
Public Transportation Operator(s)	Advisor	Provides information as needed to support the release of the Draft EIS including important stakeholders and transit considerations.

Links to Decisions

This table identifies the connection to other Key Decisions. The linkages highlight the importance of collaboration across transportation phases. Practitioners are encouraged to document the basis of the decision and consider information from previous Key Decisions.

Transportation Phases	Key Decision	What is Linked?	Purpose of Linkage
From Long Range Transportation Planning	LRP-10 - Adopt LRTP by MPO	Advance mitigation strategy and agreements from the adopted LRTP	To inform conceptual mitigation incorporated in the Draft EIS
To Programming	PRO-9 - Approve STIP with respect to Fiscal Constraint	Funding for mitigation programmed in the STIP.	To inform partners of the sufficiency of funds for avoidance, minimization and mitigation programmed in the STIP.
To Corridor Planning	COR-9 - Adopt Priorities for Implementation	Advance mitigation strategy and agreements from the Corridor Plan	To inform conceptual mitigation incorporated in the Draft EIS

Questions to Consider

Questions are a way to gather input from partners and stakeholders that can be used to inform the decision. Decision makers can discuss the questions provided to ensure a broad array of interests are considered to support a collaborative process. Questions also allow staff to collect stakeholder interests, ensure these are included in the decision, and provide a response based on the decision outcome. Although Public Transportation is not represented by a PlanWorks Application, the information provided may be useful in a collaborative transportation process.

Category	Questions to Consider
Long Range Planning	Have advance mitigation strategies and agreements from the adopted LRTP been used to inform conceptual mitigation in the Draft EIS?
Programming	Is funding for mitigation programmed in the STIP sufficient for avoidance, minimization and mitigation?
Corridor Planning	Have any advance mitigation strategies and agreements from corridor planning informed conceptual mitigation in the Draft EIS?
Environmental Review	Have partners been fully involved in the process? Does the Draft EIS fully and accurately describe the process? How do the Build Alternatives compare with each other and with No-Build Alternatives? What are the anticipated mitigation needs for each alternative? If an advance mitigation strategy was in place, has a determination been made as to whether that strategy was sufficient, excessive or insufficient? What is the basis for the selection of the preferred alternative, if identified in the Draft EIS? Have the legal requirements been met?
Bicycles and Pedestrians	Does the Draft EIS address impacts to the bicycle and pedestrian network? Does the Draft EIS address the accommodation of bicycles and pedestrians? Is there a preferred alternative from a bicycle or pedestrian perspective?
Capital Improvement	Has endorsement of the range of capital improvement changes in support of Draft EIS alternatives been obtained?
Economic Development	Have the economic development impacts of each alternative been identified, considering all mitigation actions that will need to be taken for any adverse economic impacts? Based on comparing the economic development impacts, is there a preferred alternative?
Freight	This Key Decision is not associated with the Application.
Greenhouse Gas Emissions	This Key Decision is not associated with the Application.
Health in Transportation	This Key Decision is not associated with the Application.
Human Environment and Communities	Does the Draft EIS identify the human environment and community issues, especially with respect to environmental justice populations as well as historical and archeological features? What input was received from public involvement about impacts of the alternatives on the community? What are potential mitigation strategies to address the community impacts? Are there specific stakeholders that need to be engaged prior to moving forward?
Land Use	Will land use changes proposed in the alternatives support and/or mitigate the direct, indirect, and/or cumulative impacts of each alternative? Has endorsement of the range of land use changes which support the Draft EIS alternatives been obtained?
Linking Planning and Operations	Has data related to traffic flow, reliability, and other operational impacts anticipated with individual alternatives been covered in the Draft EIS? How do individual alternatives address or impact system operations and performance? Which alternative best supports the ongoing operation and management of the system?
Natural Environment and Implementing Eco Logical	What are the direct, indirect and cumulative ecological effects and impacts, and associated mitigation needs, of each alternative? Has a crediting strategy developed in ecological planning been used to measure ecological impacts and to identify the potential cost of anticipated mitigation needs? Is there a preferred alternative from an ecological perspective?
Performance Measures	How does the proposed mitigation impact performance measurement?
Planning and Environment Linkages	Does a PEL study identify advance mitigation strategies and/or agreements? If so, how was this considered in developing the Draft EIS?
Public Private Partnerships	How do the P3 alternatives compare with each other in terms of operational, financial, and revenue impacts? Is there a preferred P3 alternative? What potential negative impacts might arise from P3 alternatives and what mitigation actions must be taken? Have the public and decision makers been informed of the potential benefits and risks?
Public Transportation	Does the Draft EIS address public transportation network connectivity and accessibility needs?
Safety	Does the Draft EIS identify safety strategies and how alternatives address specific safety issues? Has appropriate monitoring been identified to track performance of these strategies?
Stakeholder Collaboration	What input did stakeholders provide on alternatives? How has stakeholder input been incorporated?
Transportation Conformity	This Key Decision is not associated with the Application.
Visioning and Transportation	This Key Decision is not associated with the Application.

Data

The following list of data may be needed to support the Key Decision. Practitioners collect this information for decision makers to consider. Although Public Transportation is not represented by a PlanWorks Application, the information provided may be useful in a collaborative transportation process.

Category	Data to Consider
Long Range Planning	Advance mitigation strategy and agreements from the adopted LRTP
Programming	Data from the STIP regarding available funds for avoidance, minimization, and mitigation of impacts
Corridor Planning	Advance mitigation strategies and agreements from the Corridor Plan
Environmental Review	Regulatory requirements for issue of the Draft EIS Mitigation needs and quantities for alternatives
Bicycles and Pedestrians	Perspective of bicycle and pedestrian partners and stakeholders Analysis of potential bicycle and pedestrian benefits and impacts associated with the individual alternatives
Capital Improvement	Input from capital improvement partners
Economic Development	Data to support evaluation of economic development impact Analysis of economic development impact of alternatives and potential mitigation strategies
Freight	This Key Decision is not associated with the Application.
Greenhouse Gas Emissions	This Key Decision is not associated with the Application.
Health in Transportation	This Key Decision is not associated with the Application.
Human Environment and Communities	Input from community stakeholders and the public Potential mitigation strategies
Land Use	Assessment of land use contribution to alternative evaluation and conceptual mitigation
Linking Planning and Operations	Data related to traffic flow, reliability, and other operational impacts anticipated with individual alternatives
Natural Environment and Implementing Eco Logical	Ecological crediting strategy Ecological impacts for individual alternatives
Performance Measures	Mitigation details Analysis of potential impacts and adjustments needed Documentation for the Draft EIS
Planning and Environment Linkages	PEL study information on mitigation
Public Private Partnerships	Analysis of the operational, financial, and revenue impacts of alternatives developed through P3 Data concerning traffic and operational impacts, finances and revenues, and overall public opinion of P3 project potential
Public Transportation	Perspective of public transportation stakeholders Analysis of public transportation network impacts and benefits associated with each alternative
Safety	Safety implications for each alternative
Stakeholder Collaboration	Stakeholder input on alternatives Summary explaining how input from stakeholders was used in developing the Draft EIS
Transportation Conformity	This Key Decision is not associated with the Application.
Visioning and Transportation	This Key Decision is not associated with the Application.

Links to Applications

The interaction between transportation decision making and other planning processes will ensure that important values and goals outside the transportation process are recognized and considered. Although Public Transportation is not represented by a PlanWorks Application, the information provided may be useful in a collaborative transportation process.

Application	Description
Bicycles and Pedestrians	Identify how alternatives address bicycle and pedestrian network connectivity and accessibility.
Capital Improvement	When planning has been done collaboratively throughout the process, it is important to understand the perspective of partners on the final decision. The Draft EIS is an opportunity for effects on other planning processes to be identified and resolved. Land Use, Economic Development, and Natural Environment and Implementing Eco-Logical are primary considerations here, but there may be other processes to consider.
Economic Development	Validate the economic development impacts with individual stakeholders (see Stakeholder Collaboration). Seek input from partners and stakeholders on the effectiveness of proposed mitigation actions to address the negative economic impacts.
Freight	This Key Decision is not associated with the Application.
Greenhouse Gas Emissions	This Key Decision is not associated with the Application.
Health in Transportation	This Key Decision is not associated with the Application.
Human Environment and Communities	The Draft EIS will gather comments about the various interests in the project area. Community stakeholders that have been engaged in an ongoing way from planning to project development will be a strong source of information. Consider Stakeholder Collaboration for questions related to the Key Decision.
Land Use	Identify land use changes required to support individual alternatives and conceptual mitigation. Consider how these changes may relate to Economic Development and Capital Improvement, Human Environment and Communities, Natural Environment and Implementing Eco-Logical, or other interests. Determine which land use changes offer the most support and are the most reasonable to implement.
Linking Planning and Operations	Identify how individual alternatives will impact system operations and contribute to targets for Performance Measures. Determine how TSMO can support conceptual mitigation to address impacts in the study area.
Natural Environment and Implementing Eco Logical	Identify ecological impacts and mitigation needs for alternatives. Reach agreement on any advance mitigation strategies identified.
Performance Measures	The Draft EIS should include information about the relationship between alternatives specific to performance measurement and reporting, including mitigation options that have been proposed. Consider potential supporting relationships with Safety, Linking Planning and Operations, Natural Environment and Implementing Eco-Logical, Human Environment and Communities, and Freight Applications. Consider potential supporting relationships with Safety, Linking Planning and Operations, Natural Environment and Implementing Eco-Logical, Human Environment and Communities, and Freight Applications.
Planning and Environment Linkages	Consider advance mitigation strategies and agreements documented in any PEL study in developing the Draft EIS.
Public Private Partnerships	Consider the Stakeholder Collaboration Application for input on P3 alternatives in the Draft EIS.
Public Transportation	Identify how alternatives address public transportation network and public transportation user needs.
Safety	The Draft EIS will indicate the safety-related tradeoffs between alternatives and potential countermeasures that will be employed to mitigate negative impacts. These tradeoffs may support other interests in Application topics, such as Linking Planning and Operations, Bicycles and Pedestrians, Health in Transportation, and Freight.
Stakeholder Collaboration	In developing the Draft EIS, ensure that decision makers are aware of stakeholder input relevant to alternatives and how this information shaped the evaluation. Ensure the DEIS reflects stakeholder input, and considers other planning efforts. It may be necessary for Land Use, Natural Environment, and Capital Improvement stakeholders to endorse a range of policy changes in support of Draft EIS alternatives.
Transportation Conformity	This Key Decision is not associated with the Application.
Visioning and Transportation	This Key Decision is not associated with the Application.

Examples

In - depth case studies of successful practices in collaborative decision making were used to develop the Decision Guide.Links in this table point to a specific paragraph or section of a case study that supports a Key Decision. It is not necessary to read through an entire case study to find the example; however, full versions are available in the Library.

PlanWorks Case Study Examples:
None.

Other Examples:
None.