Section 290-RICR-30-00-8.7 - Class II Project - Categorical Exclusion (CE)8.7.1Public ParticipationA. Documentation and Public Participation Required - When the Department initially classifies an action as a Class II action, the Department shall provide any necessary documentation supporting its position to FHWA to gain concurrence. Public participation for a project classified as a Class II action, is generally limited to public informational workshops and meetings at appropriate stages in project development although earlier and more formal public participation, including formation of a PAC, may occur where the specific project is identified through a planning feasibility study.B. Public Hearing Requirement - A public hearing is required for Class II projects when the project: 1. Requires significant amounts of right-of-way;2. Substantially changes the layout or function of connecting roadways or of the facility being improved;3. Has a substantial adverse impact on abutting property;4. Otherwise has a significant social, economic, environmental or other effect; or5. FHWA or the Department determines that a public hearing is in the public interest.8.7.2Public Hearing NoticeA. Newspaper Publication - Where a public hearing is required, the Department shall publish a notice of a scheduled public hearing twice in two newspapers of 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 shall be at least five (5) days before the hearing date.B. Mailing of Notice - The notice of a scheduled public hearing shall also be mailed to appropriate news media, local governments and Federal and State agencies.C. Content of Notice - Each notice shall specify the date, time and place of the hearing, and contain a brief description of the project. The notice shall announce the availability of any project documents for public review.8.7.3Public Hearing ProceduresA. Presentation - At the public hearing, the Department shall either make a formal presentation or make available written material to all 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; and4. Right-of-Way procedures and programs including relocation assistance to be provided; and other necessary information.B. Opportunity for Public Comment - At the hearing, the public shall be given the opportunity to provide comments, written or oral, on the project. 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 shall refer to the exhibits used or filed in connection with the public hearing.C. Relationship to Public Workshop - Generally, the Department will hold a workshop immediately prior to, or concurrently with, a public hearing to permit the Department to respond informally to questions from the public and to provide a forum where the public and the Department can engage in a meaningful exchange of information and opinions.D. Certification to FHWA - Where the Department has conducted a public hearing and the thirty (30) day public comment period has expired, shall submit to FHWA: 1. A transcript of the public hearing;2. A certification that a hearing was held; and3. Copies of all written statements from the public, both submitted at the public hearing or during the thirty (30) day comment period. 290 R.I. Code R. 290-RICR-30-00-8.7