(a) Applicability. Subject to the exception in subsection
(b) of this section, this section applies to any project that would:
(1) require the acquisition of new right-of-way;
(2) add capacity; or
(3) involve the construction of a highway at a new
location.
(b) Exception. This section does not apply to a project
for which a public meeting is held under §2.105 of this subchapter
(relating to Public Meeting), an opportunity for public hearing is
afforded under §2.106 of this subchapter (relating to Opportunity
for Public Hearing), or a public hearing is held under §2.107
of this subchapter (relating to Public Hearing), provided that notice
of the meeting, opportunity for public hearing, or public hearing
is provided to the entities specified in subsections (c) and (d) of
this section.
(c) Notice and opportunity to comment for property
owners. Prior to the environmental decision on a project subject to
this section, the project sponsor will provide written notice to the
owner or owners of real property that would be acquired for the project
and, for a project described by subsection (a)(2) or (3) of this section,
the owner or owners of real property that is adjacent to the project.
The purpose of this notice is to inform the real property owner or
owners of the project and allow them an opportunity to submit comments
on the project prior to the environmental decision.
(d) Notice and opportunity to comment for local governments.
Prior to the environmental decision on a project described by subsection
(a)(2) or (3), the project sponsor will provide written notice to
affected local governments and public officials. The purpose of this
notice is to inform the affected local governments and public officials
of the project and allow them an opportunity to submit comments on
the project prior to the environmental decision.
(e) Comment deadline. The notice required by subsections
(c) and (d) of this section will specify a comment deadline of not
sooner than 15 days after the date that the notice is made. If the
notice is sent by United States mail, the minimum comment period begins
on the third day after the date that the notice is mailed.
(f) Documentation requirements. The project sponsor
will maintain records of all notices provided and written comments
received.
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