290 R.I. Code R. 290-RICR-30-00-8.8

Current through December 3, 2024

Section 290-RICR-30-00-8.8 - Class III Project - Environmental Assessment (EA)

8.8.1Early Coordination Process/Continued Public Participation

A. At the earliest appropriate time, the Department shall consult with interested Federal, State and Local agencies and appropriate members of the public to advise them to the project's scope and to:

1. Determine the potential of the project for social, economic, environmental impacts;

2. Identify alternative measures to mitigate adverse impacts; and

3. Identify other environmental review and consultation requirements.

4. Throughout the early coordination process, the Department shall provide public participation opportunities commensurate with the complexity of the project. Public participation opportunities include as appropriate: letters to appropriate governmental agencies, public Notice of Intent to prepare an EA, scoping meetings, informational workshops and meetings and the formation of a PAC.

8.8.2Preparation and Circulation of EA

A. The Department shall prepare an EA which includes a project description and a discussion of:

1. The need for the project;

2. The project alternatives;

3. Environmental impacts of the project and alternatives;

4. Mitigation; and

5. Public involvement and Agency coordination.

B. The completed EA is circulated to public agencies for comment as appropriate and submitted to FHWA for approval.

8.8.3Public Hearing Requirement

A. A public hearing is required for a Class III project which:

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; or

5. FHWA or the Department determines that a public hearing is in the public interest.

8.8.4Public Hearing Notice

A. Newspaper Publication -Where a public hearing is required, 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 also be mailed to appropriate news media, local governments and Federal and State agencies. Notices shall also be sent to the Department of Administration/Division of Planning as the intergovernmental review contact established under Federal Executive Order 12372.

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 the EA and where it may be obtained or reviewed. It shall also state that comments shall be submitted to the Department or FHWA within thirty (30) days of the date the EA is available.

8.8.5Public 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 Reference Material - the Department shall also announce or advise the public in written material that the EA 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 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 availability of the EA 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.

D. 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 meaningful exchange of information and opinions.

8.8.6Notice of Availability

Newspaper Publication - When the Department does not hold a public hearing, it shall place a notice in a newspaper of general circulation within the general project area and in a local newspaper when appropriate advising the public of the availability of the EA.

8.8.7Content of Notice

A. The notice shall:

1. Briefly describe the project;

2. Announce the availability of the EA;

3. State where it may be obtained and reviewed; and

4. Invite public comments to be submitted to the Department or FHWA within thirty (30) days of publication of EA Availability.

B. Mailing of Notice - The Notice of Availability shall be mailed to appropriate news media, local governments and Federal and State agencies. Notices shall also be sent to the Department of Administration/Division of Planning as the intergovernmental review contact established under Federal Executive Order 12372.

8.8.8Submittal of EA to FHWA

A. If no significant impacts have been identified, the Department shall forward to FHWA:

1. The EA, revised as appropriate;

2. Certification that a hearing was held and the public hearing transcript, where applicable;

3. Copies of comments received and responses; and

4. Recommendation of a Finding of No Significant Impact..

B. The EA shall document compliance with all applicable environmental laws and Executive Orders, or provide reasonable assurances that their requirements can be met.

C. Finding of No Significant Impact (FONSI) - FHWA will review the EA and other material provided by the Department and issue either a FONSI or a decision that an EIS is necessary. If a FONSI is made, the Department shall send a Notice of Availability of a FONSI to the appropriate Federal, State and local government agencies and shall make the FONSI available to the public upon request. Notice shall also be sent to the Department of Administration/Division of Planning as the inter-governmental review contact established under Executive Order 12372.

D. Finding of Significant Impact - If FHWA determines that the project would result in a significant environmental impact, then the Department may either:

1. Proceed with preparing an EIS using the procedures described in § 8.6 of this Part for a Class I action; or

2. Modify the project to reduce the impacts and resubmit to FHWA revised documentation requesting it to issue a FONSI.

290 R.I. Code R. 290-RICR-30-00-8.8