| (a) Project scope required. If an environmental review
document is expected to be prepared for a highway project, or if the
project sponsor for a highway project is a local government and documentation
of categorical exclusion is expected to be prepared for the project,
the project sponsor, in collaboration with the department delegate,
will prepare a detailed project scope that describes the preparation
of the environmental review document or documentation of categorical
exclusion and performance of related tasks. A district or division
that has dual roles as both project sponsor and department delegate
satisfies this requirement by placing the project scope in the project
file. For purposes of this section, a project sponsor includes a local
government that proposes to serve as a project sponsor and intends
to seek the department's approval of such a designation under §2.47
of this subchapter (relating to Approval of Local Government as Project
Sponsor).
(b) Form. The project scope must be prepared using
standardized information requirements approved by the Environmental
Affairs Division. The Environmental Affairs Division will establish
the required content for development of a project scope. A project
scope may be prepared electronically in the department's environmental
database. The level of detail for any issue on the scope should be
commensurate with the nature of the highway project and the potential
complexity and risk of the issue.
(c) Optional agreement between local government project
sponsor and department. Notwithstanding any provision of this subchapter,
the project scope may include the department delegate's agreement
to complete a task that §2.43 of this subchapter (relating to
Project Sponsor Responsibilities) otherwise directs is the responsibility
of the project sponsor. Any such agreement must clearly identify the
task that the department delegate has agreed to complete.
(d) Participation by FHWA. For a highway project for
which an environmental decision requires FHWA approval, the FHWA may
also be a party to the project scope. The project sponsor and department
delegate will determine whether to invite FHWA to be a party to the
project scope as soon as possible, but in no event later than the
initial meeting between the project sponsor and the department delegate.
Any matter agreed to by the project sponsor and the department delegate
in the project scope, including the anticipated classification, may
be subject to FHWA approval for an FHWA transportation project.
(e) Deadline for issuing classification letter. For
projects for which a local government proposes to be the project sponsor,
the department delegate will issue to the local government on or before
the 30th day after the date that the local government submits its
proposed project scope to the department delegate, a letter indicating
the anticipated classification of the project based on the information
provided by the local government. If the department delegate indicates
its approval of the project scope by signing it on or before the 30th
day after the date that the local government submits its proposed
project scope to the department delegate, a separate classification
letter is not required.
(f) Receipt of optional fee. If the project sponsor
is a local government that proposes to pay an optional fee under §2.46
of this subchapter (relating to Optional Payment of Fee by Local Government),
the fee must be received by the department before the department delegate
may indicate its approval of the project scope by signing it.
(g) Amendment of project scope. The project sponsor
shall promptly notify the department delegate of any change in the
description of the project. If, after completion of the project scope,
there is a material change in the description of the project, or any
other change that materially affects how the project sponsor will
satisfy the requirements of this chapter, the project scope must be
amended accordingly. An amendment must be agreed to in writing by
the project sponsor and the department delegate.
|
| Source Note: The provisions of this §2.44 adopted to be effective April 16, 2012, 37 TexReg 1727; amended to be effective April 16, 2014, 39 TexReg 2941; amended to be effective July 20, 2016, 41 TexReg 5234 |
