290 R.I. Code R. 290-RICR-30-00-8.6

Current through December 3, 2024

Section 290-RICR-30-00-8.6 - Class I Project - Environmental Impact Statement

8.6.1Early Coordination and Scoping

A. Notice of Intent to Prepare EIS -- Where an EIS is required to be prepared for a project, FHWA will publish in the Federal Register a Notice of Intent to Prepare an EIS. The Department shall then publish a Notice of Intent in a newspaper of general circulation within the general project area and in a local newspaper where appropriate.

B. Scoping Meeting - After the publication of the Notice of Intent, the Department shall hold at least one early coordination and scoping meeting with appropriate local, State and Federal agencies and interested members of the public to identify the social, economic, and environmental effects of the proposed project and to identify all reasonable measures to mitigate adverse project impacts. At the meeting (or meetings), the Department shall make a presentation on the project and solicit the views of officials and individuals in attendance.

C. Cooperating Agencies. - the Department shall ask all State and Federal agencies with jurisdiction by law, and other agencies with special expertise to be cooperating agencies and to attend a scoping meeting. Throughout the EIS preparation process, cooperating agencies shall be asked to attend meetings and/or to provide comments regarding various aspects of the EIS.

8.6.2Project Advisory Committees

A. Formation - After the scoping meeting(s), the Department shall determine whether the formation of a Project Area Committee (PAC) will be helpful in obtaining public participation on a local level. Generally, a PAC will be formed at an early stage before substantial progress is made toward preparation of the draft EIS. The Department may seek the advice of local officials as to appropriate PAC membership and often will include representatives of local government and the public on the PAC.

B. Function of PAC - During the course of the preparation of the EIS, the Department shall meet with the PAC at appropriate stages. At PAC meetings, the Department will keep the PAC informed of its progress and give the PAC the opportunity to review, advise and comment on all aspects of the project. the Department may replace inactive or disruptive PAC members at its discretion.

8.6.3Informational Workshops/Meetings

A. Workshops for the General Public - Informational workshops may be conducted by the Department to inform the public and provide an opportunity for an exchange of views. Informational workshops are generally held during early stages of project development. One or more workshops may be held depending upon the size of the project and the duration of the study. An informational workshop is often held immediately prior to, or concurrently with a public hearing.

B. Workshops are held at locations convenient to citizens affected by the project. The location and time of workshops are publicized through the most appropriate news outlets, and the announcements are sent to local officials and members of the PAC committee. Normally, workshops continue from early afternoon to early evening to provide maximum opportunity for citizens to attend. The Department personnel and its experts are present to explain the project, and to answer questions from the public. Comments offered by citizens during the workshops are given due consideration in the decision-making process. Where a public workshop is held concurrently with a public hearing, a stenographer is present to allow citizens to make statements for stenographic recordation "on the record".

C. Meetings with Specific Groups - Throughout project development, the Department also will often have informational meetings with parties having a particular interest in a project. These meetings are similar to informational workshops, but are structured to provide specific information and receive comments from specific groups such as Town or City Councils or other governmental agencies with a special interest in a project.

8.6.4Completion and Circulation of Draft EIS

A. Preparation of Draft EIS - During the preparation of the Draft EIS, the Department shall consider input received from the public, cooperating agencies, local governments and the PAC (if one has been formed).

B. Content of Draft EIS - The Draft EIS shall:

1. Evaluate all reasonable alternatives;

2. Discuss reasons why other alternatives were eliminated from detailed study;

3. Summarize studies, reviews, consultations, and coordination required by law.

4. Submission of Draft EIS - the Department shall submit the Draft EIS to FHWA for review and approval. FHWA will approve the Draft EIS for circulation by signing and dating the cover sheet.

5. Circulation of Draft EIS - the Department shall print the Draft EIS in sufficient quantities to meet the demand reasonably expected from agencies, organizations and individuals. Copies shall be furnished free of charge except where the Department and FHWA agree that a charge, not to exceed the cost of reproduction, shall be charged or where parties requesting copies should be directed to locations where Draft EISs can be reviewed. 23 C.F.R. § 771.123(f). A copy shall be sent for public review to the local library in communities affected by the proposed project. the Department shall provide a copy of the Draft EIS to:

a. Public officials, interest groups, and members of the public known to have an interest in the proposed action or the Draft EIS;

b. Coordinating agencies and any other Federal, State and local government agencies expected to have jurisdiction or responsibility over, or interest or expertise in, the action;

c. Appropriate State and local agencies, including the Department of Administration/Division of Planning as the intergovernmental review contact established under Federal Executive Order 12372; and

d. State and Federal land management entities which may be significantly affected by the proposed action or any of the alternatives.

C. Notice of Availability of Draft EIS - Concurrently, or following the transmittal of copies of the EIS pursuant to § 8.6.4 of this Part, the Department shall file the Draft EIS with the Environmental Protection Agency (EPA) for publication of a Notice of Availability in the Federal Register which shall establish a forty-five (45) day period for return of comments to the Department and FHWA.

D. Public Hearing Requirement - the Department shall schedule a public hearing and provide public notice of the hearing as described in § 8.6.5 of this Part. The hearing date shall be no earlier than fifteen (15) days after the Draft EIS has been made available for public review.

8.6.5Public Hearing Notice

A. Newspaper Publication - the Department shall publish a notice of a scheduled public hearing twice in a newspaper of general circulation within the general project area and in a local newspaper where appropriate. The first such notice shall be published fifteen (15) to thirty (30) days before the hearing date and the last such notice shall be at least five (5) days before the hearing date.

B. Mailing of Notice - The notice of a scheduled public hearing shall be mailed to appropriate news media, local public officials, and Federal and State agencies.

C. Content of Notice - Each notice of public hearing shall:

1. State the date;

2. State the time and place of the hearing;

3. Contain a brief description of the project; and

4. Specify the availability to the public of the Draft EIS and other pertinent information for review and copying.

8.6.6Public Hearing Procedures

A. Presentation - At the public hearing, the Department shall either make a formal oral presentation or make available written material to all members of the public describing:

1. The project purpose and need;

2. The proposed project alternatives;

3. Potential environmental, social and economic impacts; and

4. Right-of-Way procedures and programs including relocation assistance to be provided; and other necessary information.

B. Availability of Reports - the Department shall also announce or advise the public during its presentation or in the written material that at any time after the hearing, the Draft EIS and all information developed in reference to the proposed project will be available upon request for public inspection and copying.

C. Opportunity for Public Comment - At the hearing, the public shall be given the opportunity to provide comments written or oral, "on the record" on the project.

D. The Department shall arrange for a public stenographer to be present at the hearing to officially record oral comments by the public. Written statements submitted to the Department at the hearing or within thirty (30) days of the hearing shall be treated as part of the official hearing record. The hearing transcript shall contain copies of each written statement and refer to the exhibits used or filed in connection with the public hearing.

E. Relationship to Public Workshops - Generally, the Department will hold a workshop immediately prior to, or concurrently with, the public hearing to permit the Department representatives to respond informally to questions from the public and to provide a meaningful exchange of information and opinions.

8.6.7Certification to FHWA

A. After the Department has conducted a public hearing on a Draft EIS and the thirty (30) day public comment period has expired, it shall submit to FHWA:

1. A transcript of the public hearing;

2. certification that a hearing was held; and

3. Copies of all written statements from the public, both submitted at the public hearing or during the thirty (30) day comment period on the Draft EIS.

B. Consideration of Public Comments - the Department shall consider the public comments received and those included in the hearing transcript and prepare a Final EIS.

8.6.8Preparation of Final EIS

A. The Final EIS shall:

1. Identify a specific preferred alternative;

2. Discuss substantive comments received on the DEIS;

3. Evaluate all reasonable alternatives considered;

4. Summarize citizen involvement;

5. Include a description of the procedures to be followed to assure that all environmental mitigation measures are to be implemented; and

6. Document compliance with applicable environmental laws and Executive Orders, or provide reasonable assurance that their requirements can be met.

B. Submittal of Final EIS to FHWA - The Final EIS shall be submitted to FHWA for approval. FHWA will indicate approval that all NEPA requirements have been met by signing and dating the cover page.

8.6.9Distribution of Final EIS

A. Publication - the Department shall print the Final EIS in sufficient quantities to meet the demand reasonably expected from agencies, organizations and individuals. Copies normally shall be furnished free of charge except where the Department and FHWA agree that a charge, not to exceed the cost of reproduction, shall be charged, or where parties requesting copies should be directed to locations where Draft EISs can be reviewed.

B. Notice of Availability and Distribution - The FHWA, upon its review and approval of the Final EIS, will have a Notice of Availability published in the Federal Register. At the time the Final EIS is distributed and filed with EPA, the Department shall:

C. Make the Final EIS available to appropriate State and local agencies;

D. Publish a Notice of Availability in a newspaper of general circulation within the general project area; and

E. Furnish the document to any person(s), organizations, or agencies that made substantive comments on the Draft EIS or requested a copy.

F. Availability to the Public - The Final EIS shall be made available for public review at the Department offices and at FHWA's Rhode Island office. A copy also shall be provided to appropriate public institutions such as local government offices and a copy placed on file at the local library in communities affected by the project.

G. Record of Decision - The FHWA will complete and sign a "Record of Decision" (ROD) no sooner than thirty (30) days after publication of the Notice of Availability in the Federal Register.

H. Supplemental EIS - Pursuant to 23 C.F.R. § 771.130, preparation of a supplement to a Draft EIS shall follow the same process as an original Draft EIS, except that scoping is not required. Similarly, preparation of a supplement to a Final EIS shall follow the same process of an original Draft EIS.

I. Re-Evaluation of EIS - Where the Department undertakes a re-evaluation of a Draft or Final EIS as required by 23 C.F.R. § 771.129, the Department, in consultation with FHWA, shall determine whether changes in the project or new information developed during the re-evaluation warrant additional public involvement.

290 R.I. Code R. 290-RICR-30-00-8.6