Process I - Projects on New Location

A process flow chart that outlines the Section 404/NEPA Merger 01 Process (Merger 01 Process) for projects on new location is attached (Process I). This flow chart depicts the major milestones in the process but it does not include all of the many activities that NCDOT must complete in the project development process. These other activities will be completed by NCDOT and input provided into the merger process at the appropriate time. For example, public involvement is a critical component of the project development activities and will be ongoing throughout the process. Information developed through public involvement will be made available to Project Team members for consideration in the decision making process.

NOTE: This Section 404/NEPA Merger 01 Process may be utilized as a 23 U.S.C. 139 Coordination Plan.

Team meetings will be held at each of the concurrence points in the Process. Additional meetings may be held as determined necessary by the Project Teams. NCDOT's Project Development Engineer should coordinate closely with the appropriate USACE, FHWA, and NCDENR team members in scheduling any meetings and clearly defining the purpose of the upcoming meeting. The Project Development Engineer or Hydraulics Project Engineer will send the package of information for the meeting to team members so that they will have it in hand at least two weeks prior to the meeting. The transmittal to each team member should clearly state the purpose and objective of the meeting. This will allow team members time to review the information and be prepared to discuss any issues or concerns they have at the meeting. Appendix A provides guidance on information to be presented at each concurrence meeting.

At the end of each meeting, the Project Development Engineer or Hydraulics Project Engineer, with the team's help, will summarize the results of the meeting, including agreements or concurrence points achieved. If agreement or concurrence is not obtained, the next steps or action items should be clearly identified. If additional information or action is required, the type of information or action needed and the responsible agency(ies) or team member(s) should be clearly noted.

The Project Development Engineer is responsible for preparing a summary of all meetings for distribution to all team members, except the summary for the 4B and 4C Concurrence meetings that will be completed by the Hydraulics Project Engineer. Each team member will read the meeting summary that includes issues agreed upon, outstanding issues, and action statements (next steps) carefully to ensure accuracy of the project records. Substantive errors and omissions will be identified and provided within 30 days to the Project Development Engineer or Hydraulics Project Engineer for prompt resolution.

On-site project field reviews can be very beneficial in helping to understand a project's purpose and need, human and natural environmental features and alternative analysis. Project Teams are encouraged to hold combined field reviews/meetings as needed to assist in the decision making process.

The following discussion is intended to provide more detailed guidance and explanation on the various steps and concurrence points in the attached flow chart. The numbered paragraphs correspond to steps or blocks in the chart.

For projects requiring Federal Environmental Impact Statements, NCDOT will send a project initiation letter to the FHWA -- North Carolina Division Administrator. The project initiation letter will contain the type of work, termini, length, and general location of the proposed project. This letter will also provide a list of any other Federal approvals (e.g., Section 404 permits) anticipated to be necessary and will indicate the timeframe within which the environmental review process should be started. NCDOT will begin the project study by gathering background data and information and sending out the project scoping letter and/or start of study letter. This letter initiates the project's concept and solicits input from federal and state agencies (including the State Clearinghouse), local government agencies, the public, and other NCDOT units and branches. The level of detail provided in these letters includes a TIP description and a vicinity map.

The Project Development Engineer will collect all available information, including aerial photography (orthophotographs), and background data needed to hold a project scoping meeting, as identified by responses to the scoping letter and standard requirements.

The Project Development Engineer will consult with the appropriate USACE, NCDENR and FHWA representative to identify specific Project Team members. NCDOT will provide written verification of team members to all the team members. If an agency declines to participate on the team, their decision will be documented in writing to NCDOT, NCDENR, USACE and FHWA. If an agency drops from the Project Team during the process, their self-removal will also be documented in writing.

For federally funded projects, the Lead Federal agency will be the Federal Highway Administration, and NCDOT will be a Joint Lead agency in accordance with 23 U.S.C. 139(c). If the project is state-funded, the Lead Federal Agency will usually be the U.S. Army Corps of Engineers, with NCDOT serving as a Joint Lead agency. The designation of the Lead Federal agency and any Joint Lead agencies will satisfy 23 U.S.C. 139(c) requirements (see Appendix). All Project Team members will be considered as Participating agencies in accordance with 23 U.S.C. 139(d).

The Merger 01 Agreement serves as a standing invitation to all the Participating agencies named in the Merger 01 Process Memorandum of Understanding (this includes Primary and Partnering signatories to the Memorandum of Agreement as well as other agencies when a project is within their respective geographic area) to participate in the environmental review process for individual projects, as appropriate based on jurisdiction. These agencies are:

• U. S. Army Corps of Engineers
• Federal Highway Administration
• North Carolina Department of Transportation
• U. S. Environmental Protection Agency
• U. S. Fish and Wildlife Service
• North Carolina DENR, Division of Water Quality
• North Carolina Wildlife Resources Commission
• North Carolina Department of Cultural Resources
• North Carolina DENR, Division of Coastal Management (within the twenty coastal counties)
• Metropolitan Planning Organizations (MPO's) (in MPO areas)
• National Park Service (in the vicinity of national parklands)
• U. S. Coast Guard (Coast Guard permitted bridges)
• U. S. Forest Service (in the vicinity of national forest property)
• Tennessee Valley Authority (within TVA region)
• U. S. Fish and Wildlife Service - Refuge (in the vicinity of federal refuges)
• Eastern Band of Cherokee Nation-Tribal Historic Preservation Officer
• North Carolina Division of Marine Fisheries (when there is any possibility that resources under their jurisdiction are in the project vicinity)
• National Oceanic and Atmospheric Administration (NOAA) (when there is any possibility that resources under their jurisdiction are in the project vicinity)
• Rural Planning Organizations (RPO's) may be invited to participate as advisory members for projects within their geographical area.

Therefore, no 23 U.S.C. 139 invitation letter needs to be issued to agencies that are listed above. However, if the Joint Lead agencies (FHWA and NCDOT), after consulting with the other two Primary Signatory Agencies of the Merger 01 Process ( USACE and NCDENR), agree to invite governmental agencies with an interest in the project other than those listed above, then a specific invitation to participate will be issued. The decision to invite an additional agency to participate will be based largely on that agency's jurisdiction or authority with respect to the project, whether that agency has expertise or information relevant to the project, and whether that agency intends to submit comments on the project. The invitation shall set a deadline for responses to be submitted. The deadline may be extended by the Lead agencies for good cause. Any Federal agency that is invited by the Lead agencies to participate in the environmental review process for a project shall be designated as a Participating agency by the Lead agencies unless the invited agency informs the Lead agencies, in writing, by the deadline specified in the invitation that the invited agency - (A) has no jurisdiction or authority with respect to the project; (B) has no expertise or information relevant to the project; and (C) does not intend to submit comments on the project. The process for inviting Participating agencies satisfies 23 U.S.C. 139(d) requirements (see Appendix).

A State, tribal, or local agency not listed as a primary or partnering agency above must respond affirmatively to the invitation to be designated as a Participating agency. If the State, tribal, or local agency fails to respond by the stated deadline or declines the invitation, regardless of the reasons for declining, the agency should not be considered a Participating agency.

The Project Scoping Meeting is held by NCDOT to discuss background data, preliminary purpose and need, engineering and environmental inventories, the proposed scope of the project, and potential substantial project issues. The Project Team members will be invited to attend and provide input. For EIS projects, this may be the only opportunity for the Project Team members to review preliminary purpose and need information prior to presenting it to the public (see Step 6 below). Project Team members should attend the scoping meeting and provide written input in response to the scoping letter. Specifics regarding other potential opportunities for involvement will be made known to the Participating agencies prior to the scoping meeting.

In lieu of a scoping meeting, a formal start of study meeting may be held on projects when the Project Development Engineer concludes that a formal meeting will expedite the project. This meeting will include all NCDOT Branches and Units responsible or participating in project development activities and local government representatives having an interest in the project. The Project Team members will be invited to attend and provide input.

The purpose of this meeting is to share information regarding anticipated economic and transportation benefits and/or adverse impacts to the community, and known human and natural environmental constraints. The meeting will also provide local government representatives an opportunity to provide input into the project scope.

For federal EIS projects, the Lead agencies shall determine, in collaboration with Participating agencies at appropriate times during the study process, the methodologies to be used and the level of detail required in the analysis of each alternative for a project, in compliance with 23 U.S.C. 139(f)(4)(c) (see Appendix). This collaboration should begin during the scoping process. Decisions on methodologies and the level of detail will be documented and presented to the Project Team at appropriate times during the project development process.

At the project scoping meeting, NCDOT will provide the proposed project schedule. The meeting attendees will present any issues that may impact the proposed schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT. Timeframes for review within the project schedule, and modification to the schedule will be consistent with requirements of 23 U.S.C. 139(g) (see Appendix). Also, the project schedule, and any modifications, will be made available to all Participating agencies and the public.

If NCDOT and FHWA determine an EIS should be prepared, a Notice of Intent will be filed in the Federal Register. If it is not clear at this point that potential project impacts warrant an EIS, the decision to prepare a Notice of Intent may be delayed until step 12 when more information is available.

For projects for which a Federal Environmental Impact Statement (EIS) will be prepared, public involvement must occur prior to Concurrence Point 1 (Purpose and Need). One or more of the following public involvement techniques may be used at this point in the process:

• Citizens informational workshop
• Website
• Newsletter or other mailings
• Press releases
• Well-documented public involvement during the Comprehensive Transportation Planning process¹

Any of the employed techniques must present preliminary purpose and need information and solicit input on the need for and purpose of the project and potential preliminary study alternatives that might address the perceived need.

If necessary, an informational Merger meeting can be scheduled to further discuss this information with the Project Team prior to the purpose and need public involvement. The decision to hold an informational Merger meeting should be made jointly between the Project Development Engineer, the USACE representative, and the FHWA Area Engineer, and NCDENR, and should be based on considerations such as the public involvement technique to be employed and the inter-agency participation and comments from the scoping meeting.

Any public comment relevant to purpose and need will be considered by FHWA and NCDOT prior to Concurrence Point 1 and shared with the Project Team.

Transportation Planning provides a Planning Level Purpose and Need for each project that was developed during the systems planning process to the Project Development Engineer. In cases where Transportation Planning does not have personnel assigned to a particular area, the Project Development Engineer will develop a draft Purpose and Need. Also, additional engineering and environmental inventory data may be obtained for use in further developing and refining the Purpose and Need for a project. The type of information and level of detail collected must be determined for each project and could include information such as the following:

• Preliminary limits of the study area
• Existing traffic and future no-build average daily traffic
• Roadway geometric deficiencies and accident history
• Transportation plans
• Land use plans
• Areas of interest to local citizens and elected officials
• Legislative mandates
• Economic initiatives
• Intermodal relationships, including bicycle/pedestrian systems, transit (rail and bus), port facilities and airport facilities
• Project history and background information including feasibility studies and community issues
• Highway Needs Inventory (HNI) status
• GIS Mapping
• Aerial Photography
• Other readily available information

The Purpose and Need (P & N) Statement forms the basis for identification of alternatives to be evaluated. Therefore, concurrence will be obtained on the Purpose and Need before potential alternatives are identified. NCDOT will prepare a Preliminary Purpose and Need Statement, along with supporting technical documentation. The P & N information package will be sent to team members so that they will receive it at least two weeks prior to the team meeting. The supporting technical information will include a GIS map of the study area and a summary of any information or comments from the public concerning purpose and need and community concerns. This statement should clearly demonstrate that a "need" exists and should define the "need" in terms understandable to the general public. The statement should clearly describe the problems that the proposed action is to correct.

A team meeting will be held to discuss the preliminary P & N Statement and Study Area along with supporting data. Team members will review the information prior to the meeting, including a summary of public input, and be prepared to discuss any concerns. At the meeting, the NCDOT Project Development Engineer will provide GIS level mapping of the Study Area and aerial photography (orthophotography). Also, any other readily available information will be presented for the team's information. The Study Area may need to be expanded to accommodate environmental features. Also, it may be necessary to conduct more than one meeting on Purpose and Need if additional information is needed to define the Project Study Area. The goal of the meeting is for team members to concur with and sign the Purpose and Need and Study Area concurrence form.

NCDOT will provide the current schedule. Any changes made to the schedule since the last concurrence meeting will be presented along with the reasons for the change. The meeting attendees will present any issues that may impact the project schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT.

If concerns are raised at the team meeting, which require additional documentation or revisions to the P & N Statement, the NCDOT will incorporate the additions or revisions and redistribute the P and N Statement for concurrence or comment. This will be done prior to the follow-up Concurrence Point 1 meeting or as soon as possible if it is determined that a second meeting is not required.

After Purpose and Need and Study Area concurrence has been obtained, NCDOT, with consultation from the agencies, will develop an environmental features map illustrating resource areas of concern as well as topographic or photogrammetric mapping. The purpose of this mapping is to provide a means for identifying alternatives that warrant study on a screening level basis. Such features on the mapping will include but are not limited to:

• Infrastructure and topography
• Community features (i.e., boundaries, schools, churches, community centers, hospitals, transit dependent populations, demographics, etc.
• Floodplains
• Historic properties and possible areas of archaeological concern
• Wetlands, streams, buffers, river basins, and water supply watersheds
  (GIS level information)
• Wildlife refuges and game lands
• Recreational areas and parks
• Hazardous material sites
• Existing land use map and locally adopted land use plan
• Threatened and Endangered Species information
• Significant Natural Heritage Program Areas
• Identify utilities within project study area using best available information

Based on the environmental features map, the study area may be re-confirmed. Generally, the study area will not be redefined unless new information necessitates re-evaluation.

For Federal EIS projects, the Lead agencies shall determine, in collaboration with Participating agencies at appropriate times during the study process (beginning in scoping), the methodologies to be used and the level of detail required in the analysis of each alternative for a project, in compliance with 23 U.S.C. 139(f)(4)(c) (see Appendix). The NCDOT Project Development Engineer and the Design Engineer will identify preliminary corridors that address the Purpose and Need for the project and consider the environmental constraints within the study area. The Design Engineers will prepare functional designs for each preliminary corridor that is considered. A functional design is a very general design that includes horizontal and vertical alignments, edge of pavements, slope stakes, and right of way limits for all alignments and interchanges. No turn lanes or superelevation are added at this stage. This design is done on orthophotographs.

After identification of the preliminary corridors, the NCDOT will hold a Citizens Informational Workshop (CIW) or conduct other public involvement to present the Project Purpose and Need for the project and preliminary corridors that are identified. Project Team members are encouraged to attend and participate in these workshops to fully understand public concerns and issues. A file memorandum will be prepared by the Project Development Engineer to summarize and document public input and it will be included as part of the informational package for team members. The Project Team will consider the comments received at the CIW in selecting the range of alternatives to be studied further. Any additional corridors recommended by the public will be considered by NCDOT and presented to the Project Team as appropriate.

Prior to the first Project Team meeting on alternatives, the Project Development Engineer will send team members a copy of a draft Preliminary Alternative Analysis Report, which includes the summary of public input. At the meeting on alternatives, team members should be prepared to discuss the alternatives and, if appropriate, suggest modifications to NCDOT's preliminary conceptual alternatives and/or recommend additional alternatives. Also, team members may

• Identify specific or additional environmental resources that are important
• Recommend any additional alternatives/studies necessary

NCDOT will prepare detailed minutes of the meeting. It is recognized that one or more team meetings may be necessary to develop, analyze and screen alternatives to satisfy every agency's needs. Team member comments will be noted in minutes of the meeting prepared by the Project Development Engineer.

Prior to the Project Team meeting for Concurrence Point 2 (Detailed Study Alternatives Carried Forward), the Preliminary Alternatives Report will be completed and distributed to the Project Team members. The report will identify all the alternatives considered during the preliminary alternatives phase of the project and provide justification for those alternatives recommended for elimination from further consideration. The decision to eliminate alternatives must be made jointly by the team members. No alternatives will be eliminated without the concurrence of each member of the Project Team. The rationale for eliminating alternatives from further consideration will be documented by the Project Development Engineer.

If no additional alternatives or studies are requested, the team may proceed directly to step 12 (Concurrence Point 2).

The intent of the Concurrence Point 2 meeting is to obtain consensus from the Project Team on which corridors will be fully evaluated as alternatives, including the "no build" alternative, in the environmental document. The alternatives selected must meet the purpose and need of the project with the exception of the "no build" alternative.

The Project Team will strive to reach agreement on alternatives that meet the Purpose and Need and include all alternatives that should be evaluated in detail in the environmental document to fulfill NEPA and Section 404 requirements. Concurrence by the Project Team on detailed study alternatives to be included in the draft document, as part of the NEPA and NCEPA process and corresponding Section 404 Permit Public Notice, is not a commitment on the part of the regulatory agency to permit any of the alternatives nor is it a commitment for the engineers to seal any alternative. Rather, it is for the purpose of obtaining public and agency comments on the merits of each alternative for consideration by the decision-makers in the selection of the Least Environmentally Damaging Practicable Alternative (LEPDA)/Preferred Alternative.

At the Project Team meeting, the following topics will be discussed and documented in the meeting minutes:

• The rationale for retaining or dropping preliminary conceptual alternatives
• The level of involvement of other agencies and interested parties (i.e., Coast Guard, local agencies, Section 106 consulting parties, etc.), as well as their comments (if any) on the project
• Type of access control (may be discussed earlier in process if implicit in purpose and need)

The NCDOT will request formal concurrence at this meeting by asking team members to sign the Concurrence Point 2 form. The signatures indicate that the team member's comments on the Preliminary Alternatives Report were adequately addressed and no new issues were raised during the meeting. If additional documentation or revisions to the report are necessary, the NCDOT will incorporate the additions or revisions and redistribute the report. If necessary, an additional team meeting will be scheduled to resolve outstanding concerns. Once concurrence is reached, no new alternatives will be added unless there is significant new information, or significant changes to the project, the environment, constructability, or laws and regulations.

NCDOT will provide the current schedule. Any changes made to the schedule since the last concurrence meeting will be presented along with the reasons for the change. The meeting attendees will present any issues that may impact the project schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT.

After the detailed study alternatives are selected, the potentially impacted human and natural resources, including wetland and stream delineations will be identified for each alternative. NCDCM's GIS-based wetland inventory mapping program should be used to help identify wetland significance. The Project Development Engineer, in coordination with the Office of Natural Environment, will determine if there are resources that will require bridging decisions at Step 14, Concurrence Point 2A, and if so, will invite the Project Team members to attend an agency field review meeting. Also, if appropriate, an agency field review meeting will be held to:

• Verify jurisdictional wetland and stream boundaries. The USACE will provide written jurisdictional verifications immediately after the field review meeting
• Review any potential mitigation sites that may be noted during the delineation effort and coordinate with Ecosystem Enhancement Program (EEP)
• Review potential bridging decisions, if applicable

After receipt of the delineations and necessary preliminary mapping, the Design Engineer will begin to develop the preliminary designs for each alternative. The preliminary design is a very specific design that includes horizontal and vertical alignments, edge of pavements, slope stakes, turn lanes, superelevation, and right of way revisions. This design is done on preliminary mapping.

During the development of the design, care will be taken to avoid and minimize impacts to the natural and human environment based on information provided by the appropriate units in NCDOT.

Where it is not practicable to avoid impacts, minimization measures will be employed using context sensitive design and other means to fit the project within the study area. The Design Engineer will coordinate the preliminary design for each detailed study alternative with the Utility Sections. The Utility Sections will identify areas where any known utilities are impacted.

After the preliminary designs are complete, impacts based on project footprint will be identified and quantified. At this time, the preliminary designs will include any recommended control of access that will be acquired for the project. The control of access limits are needed so it can be reflected in right of way estimates, shown to the public and for the Project Team's review. In addition, potential service road locations and potential utility impacts are identified so the impacts can be included in the comparison of the project alternatives.

Using the hydraulic recommendations and all available environmental information, the Project Team will determine the placement and length of bridges. In addition, a review will be made to determine which natural resources warrant additional avoidance measures. The bridge locations and approximate lengths will be identified on each alternative.

A concurrence meeting will be held to gain concurrence for all bridge locations and lengths. At this point, identification of any changes to the preliminary design that might be needed before finalization of the preliminary engineering and completion of the environmental document should be addressed. All team members will be asked to sign a concurrence form at the meeting to signify that they agree with the bridge locations and approximate lengths. After the bridge locations are determined, an updated construction cost estimate and summary of impacts for each alternative will be developed. This information will be provided for each alternative within the Draft EIS or EA. In order to develop accurate cost estimates, where appropriate (such as habitat fragmentation), additional avoidance and minimization techniques that carry high monetary costs, such as wildlife crossings and retaining walls, will also be identified.

During the Concurrence Point 2A meeting, the Project Team will discuss which federal, state, and local environmental statutes and regulations may apply to each of the detailed study alternatives. Within NCDOT, the Office of the Natural Environment (ONE) is responsible for ensuring that the specific required steps are followed for each of the environmental permits, certifications, consultations, reviews and determinations that may be required throughout the project's life. The Hydraulics Unit will ensure that FEMA flood insurance program regulations are followed where applicable.

NCDOT will provide the current schedule. Any changes made to the schedule since the last concurrence meeting will be presented along with the reasons for the change. The meeting attendees will present any issues that may impact the project schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT.

Upon reaching this concurrence point, the Project Development Engineer will document all avoidance and minimization to all resources that has been achieved to this point in project development. This information will be provided to the Project Team and to ONE for inclusion in the updated permit application. Also, the Project Development Engineer will notify the Ecosystem Enhancement Program (EEP) of the worst-case preliminary design impacts.

The environmental document will be completed according to NEPA and an identification of impacts will be made for each of the alternatives that are studied in detail. There will be a discussion of why preliminary alternatives were eliminated.

NCDOT will address potential on-site compensatory mitigation options. For potential on-site mitigation sites, NCDOT ONE will prepare a feasibility study that includes an environmental evaluation that identifies historic resources, threatened and endangered species, parks, community issues, etc. NCDOT ONE may arrange an agency field meeting to review any potential on-site mitigation opportunities, discuss the environmental evaluation results, and determine which sites are acceptable to the agencies.

Pursuant to the Memorandum of Agreement among the NCDOT, NCDENR, and USACE signed July 22, 2002, the Ecosystem Enhancement Program (EEP) will provide all compensatory mitigation that is not satisfied by acceptable on-site mitigation. Preliminary determinations about the Federal, state, and local environmental statutes and regulations that may apply to each of the detailed study alternatives will be included within the environmental document. If the project is within a CAMA county(ies), then potentially relevant CAMA land use plan policies that may apply to each detailed study alternative will also be included within the draft environmental document.

All information produced in previous studies will be incorporated in an environmental document.

The FHWA and NCDOT will review the preliminary environmental document for adequacy as it relates to NEPA requirements. NCDOT will revise the environmental document based on these comments or consult further with FHWA to resolve issues.

The NEPA document, based on methodology decisions made at step 10 in this process, shall develop an analysis of secondary/indirect and cumulative impacts of sufficient scope and detail to fulfill all NEPA requirements. In addition, the analysis should be developed, in concurrence with current policies and procedures, to a level of detail sufficient to make decisions required by all other state and Federal laws, statutes, rules, and regulations.

NCDOT and FHWA will sign the title page of the environmental document (DEIS or EA) prior to NCDOT circulating it. NCDOT will submit the Section 404 permit application to the USACE at the time of document approval. NCDOT will also provide the USACE with a mailing list developed in the public involvement process that includes adjacent property owners and mailing labels. The environmental document will be distributed to federal agencies, State Clearinghouse, and local agencies and organizations for review and comment.

After issuance of the environmental document, an interagency field review will be made unless the Project Team determines otherwise. The purpose of this meeting is for team members to review alternatives in the field prior to the Concurrence Point 3 meeting; however, it may not be necessary if team members have reviewed alternatives in the field previously.

The USACE will issue a Section 404 Public Notice, if appropriate. The environmental document and Public Notice are made available for public and agency comment for the prescribed time frames. NCDOT should consult with the USACE, NCDOT board members, and other interested parties to set the public hearing date. Once the date is set, the USACE should be immediately notified of location, time and place. NCDOT will publicize the public hearing.

NCDOT will hold the Corridor/Design Public Hearing. Project Team members are encouraged to attend the public hearing to fully understand the public concerns. The USACE and other Project Team members will be invited to attend the public hearing.

The public may submit written comments to NCDOT, FHWA and/or the USACE after, the public hearing. Also, agency and public comments on the environmental document should be submitted to FHWA and NCDOT, and the Section 404 Public Notice comments should be sent to the USACE. The agencies will format their letters to identify which comments are pertinent to the selection of the LEDPA/Preferred Alternative.

For projects requiring a Federal EIS, the commenting period for the Draft EIS will be a maximum of 60 days after publication in the Federal Register of notice of the date of availability, unless a different deadline is established by agreement of the lead agencies, the project sponsor, and all participating agencies, or the deadline is extended by FHWA and NCDOT for a good cause (23 U.S.C. 139(g)(2)(a)). For all other comment periods, the comment period will be no more than 30 days from availability of the materials on which the comment is requested, unless a different deadline is established by agreement of the lead agencies, the project sponsor, and all participating agencies, or the deadline is extended by FHWA and NCDOT for a good cause.

NCDOT will adequately address those specific comments prior to selection of the Least Environmentally Damaging Practicable Alternative (LEDPA)/Preferred Alternative and distribute their responses within the information material for the Concurrence Point 3 meeting.

Following the comment periods, NCDOT will review and summarize the comments received from the document review and public hearing process. The USACE will forward the comments on the Section 404 Public Notice for inclusion in the summary. NCDOT will then hold a post-hearing meeting. Project Team members are invited to attend this meeting. The purpose of this meeting is to evaluate all substantive comments received and determine if any additional studies or changes are needed to properly address issues that have been raised. Any additional work or studies to resolve comments will be completed by NCDOT. All agency comments on the environmental document and Section 404 Public Notice that affect the selection of the LEDPA/Preferred Alternative will be addressed and appropriate information or responses prepared prior to the Concurrence Point 3 meeting.

A Project Team meeting will be held to determine the Least Environmentally Damaging Practicable Alternative (LEDPA) [Preferred Alternative under NEPA]. The Project Development Engineer will send the package of information for the meeting to Project Team members so they will have it in hand at least two weeks prior to the meeting. The package will include a matrix (for example, summary information from DEIS) illustrating a comparison of impacts for the detailed study alternatives and a brief summary of previous Project Team decisions. The package will also include a summary of substantive comments received from agencies and the public and how these comments were addressed.

When all substantive comments relative to the LEDPA/Preferred Alternative selection submitted by the agencies during the environmental document review and the public hearing/public notice commenting period have been adequately addressed and no new issues have been identified, the Project Team will select a LEDPA/Preferred Alternative. At the time it is selected, Project Team members will be reasonably certain that the LEDPA/Preferred Alternative will comply with all relevant regulations and permit requirements, is safe, and can be authorized. Project Team members in agreement with the LEDPA/Preferred Alternative will provide their formal concurrence at this meeting by signing the Concurrence Point 3 form.

During the Concurrence Point 3 meeting, the Project Team will confirm the preliminary determination made during the Concurrence Point 2A meeting about the federal, state, and local environmental statutes and regulations that may apply to the LEDPA/Preferred Alternative.

This confirmation is required due to changes that may have occurred in the project design and/or in the statutes and regulations since the preliminary determination was made during the Concurrence Point 2A meeting. Within NCDOT, the Office of the Natural Environment (ONE) is responsible for ensuring that the specific required steps are followed for each of the environmental permits, certifications, consultations, reviews and determinations that may be required throughout the project's life. The Hydraulics Unit will ensure that FEMA flood insurance program regulations are followed where applicable.

NCDOT will provide the current schedule. Any changes made to the schedule since the last concurrence meeting will be presented along with the reasons for the change. The meeting attendees will present any issues that may impact the project schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT.

The public will be notified of the selection of the LEDPA/Preferred Alternative via newsletter, news release or other means determined satisfactory by NCDOT policy.

Following selection of the LEDPA/Preferred Alternative, a Project Team meeting will be held to discuss additional avoidance and minimization efforts not included in the preliminary design during the alternative analysis phase of the project. This concurrence point should address issues such as alignment shifts, horizontal and vertical alignment, slopes, and construction techniques. In addition, service road locations should be reviewed for avoidance and minimization and utility relocations should be reviewed for minimization.

For projects where bridge length and location were not previously agreed to, a decision on these parameters will be included in the Concurrence Point 4A meeting. Upon agreement that project jurisdictional impacts have been avoided and minimized to the maximum extent practicable based on current information and design available at that time, the Project Team members will sign the Concurrence Point 4A form. When avoiding and minimizing jurisdictional resource impacts, other resources will be considered.

It should be recognized that additional minimization may be achieved during the final design process with more precise mapping, including the project hydraulic design (Concurrence Points 4B and 4C). Upon reaching Concurrence Point 4A, the Project Development Engineer will document all avoidance and minimization that has been achieved to this point in project development. This information will be provided to the Project Team and to the Office of Natural Environment for inclusion in the updated Section 404 permit application.

NCDOT will provide the current schedule. Any changes made to the schedule since the last concurrence meeting will be presented along with the reasons for the change. The meeting attendees will present any issues that may impact the project schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT.

NCDOT/FHWA will prepare the Final EIS or FONSI. The Final EIS or FONSI will discuss the rationale behind the selection of the LEDPA/Preferred Alternative. It is not necessary to complete Concurrence Point 4A prior to the completion of the Final EIS or FONSI. However, any additional avoidance and minimization measures that have been identified or incorporated up to that point in the project development should be included in the Final EIS or FONSI. The FHWA and NCDOT will review the final environmental document for adequacy as it relates to NEPA requirements. NCDOT will revise the environmental document based on these comments or consult further with the FHWA to resolve issues. The final environmental document will include all environmental commitments and the mitigation plan to address all resources, such as wetlands, streams, Section 106, Section 4(f), public access, etc.

Preliminary determinations about the federal, state, and local environmental statutes and regulations that may apply to the LEDPA/Preferred Alternative will be included within the final environmental document. If the project is within a CAMA county(ies), then potentially relevant CAMA land use plan policies that may apply to the LEDPA/Preferred Alternative will also be included within the final environmental document.

NCDOT and FHWA will sign the title page of the final environmental document (FEIS or FONSI) prior to distribution by NCDOT. If FHWA expects to issue a FONSI for a highway project of four or more lanes on new location or a new controlled access freeway, copies of the EA shall be made available for public review for a minimum of 30 days before FHWA makes its final decision. NCDOT's Citizens Participation Unit will announce this public availability by a notice similar to a public hearing notice. The environmental document will be distributed to federal agencies, State Clearinghouse, and local agencies and organizations for review and comment.

The agencies and the public may submit written comments to NCDOT and FHWA concerning the FEIS or FONSI document. In consultation with FHWA, NCDOT will respond directly to the commenting agencies concerning comments received on a FONSI. Comments received on a FEIS will be addressed in the ROD with copies provided to the commenting agency.

The deadline for comment shall be a period of no more than 30 days from availability of the materials on which the comment is requested, unless a different deadline is established by agreement of the lead agencies, the project sponsor, and all participating agencies; or the deadline is extended by the lead agencies for a good cause.

FHWA will issue the ROD. The ROD will address any comments received on the FEIS. A Notice of availability will be issued by NCDOT.

A corridor/design public hearing was held after the Draft Environmental Impact Statement (Draft EIS) or the Environmental Assessment (EA) was completed. Because there was not a selected alternative presented to the public during the corridor/design public hearing, another hearing or citizens' informational workshop will be held to display the selected alternative and to review any changes that were made within the design during the remainder of the NEPA process. This meeting should be held prior to the project being sent to right of way. Comments from the public will be reviewed to determine any needed changes. Changes requested from the public and accepted by the Project Team, if necessary, will be incorporated into the design prior to completion of right of way plans.

(For phased projects please refer to text at the end of this document.)

After selection of the LEDPA/Preferred Alternative, the Location and Surveys Unit and the Photogrammetry Unit perform the final surveys and deliver the plan sheet mapping needed for the development of the right of way and final plans. Upon receiving the plan sheets, the design engineers begin to develop the right of way plans for the project. After the design engineers complete the horizontal and vertical alignment for the roadway, the Utility Sections will review the horizontal and vertical alignment and will coordinate with the Hydraulics Unit regarding the utility locations. The Hydraulics Unit begins the development of the proposed drainage design and the Geotechnical Engineering Unit begins the detailed geotechnical investigations for the project. (The Design Engineers will develop the right of way plans following the alignment that was agreed upon at Concurrence Point 4A).

At the time the hydraulic design for the project is 30 percent complete, the Hydraulics Project Engineer will hold a Concurrence Point 4B meeting to review the development of the drainage design. All appropriate Project Team members should attend (USACE and NCDWQ attendance is mandatory. If the project is within a CAMA county(ies), NCDCM attendance is mandatory.) If a project requires a State Stormwater Management Permit, the Hydraulics Project Engineer will work with the NCDWQ Stormwater Management Section to obtain the permit and report its progress to the team members. The Hydraulics Project Engineer will provide the package of information to team members so that they receive it two weeks in advance of the meeting.

Also, before the Concurrence Point 4B meeting is held, the Hydraulics Project Engineer will consult with the ONE staff to ensure that the environmental surveys (wetlands, threatened and endangered species, streams, and buffer) for each project is complete and current.

At the 4B meeting, the Hydraulics Project engineer will present preliminary drainage designs to the team members. The drainage plans will depict the boundaries of the affected environmental areas (wetlands, perennial and intermittent streams, buffers, Coastal Area Management Act Areas of Environmental Concern (CAMA AEC's), etc.), existing draining structures, layout of proposed drainage structures, and stormwater best management devices. Large structures such as bridges and box culverts will also be discussed.

The Hydraulics Unit will take notes of comments received during the meeting. The Hydraulics Unit will distribute meeting minutes, which will include how comments will be addressed. Also, the meeting minutes will identify onsite mitigation opportunities that will be incorporated into the project design as appropriate.

It is understood minor vertical changes may be needed due to hydraulic needs. If vertical changes do occur that result in additional environmental impacts, minor horizontal adjustments in alignment may be appropriate.

NCDOT will provide the current schedule. Any changes made to the schedule since the last concurrence meeting will be presented along with the reasons for the change. The meeting attendees will present any issues that may impact the project schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT.

Upon receiving the completed hydraulic design for the project, NCDOT Design Engineers incorporate the hydraulic design, locate any remaining service road locations, and establish the proposed right of way limits for the project. The Structure Design Engineers begin to develop the designs for bridges and culverts. The Utility Sections will begin to coordinate the determination of the utility conflicts and the development of the utility relocation preliminary designs with the Utility owners and the Design Engineers. The project is then reviewed with construction and right of way personnel to note any additional changes that may be required. The right of way plans are completed and sent to the Right of Way Branch to begin purchase of land required for the project.

For projects within a CAMA County(ies) that require a CAMA major permit, the NCDOT Office of Natural Environment Permit Specialist will request an on-site pre-application meeting with the appropriate NCDCM Field Representative. The purpose of this meeting is to review the plans and/or permit drawings and information that will be submitted with the CAMA permit application. This will ensure that when the CAMA major permit application is formally submitted, it contains all of the information necessary for processing. The purpose of this meeting is not to make changes to the project design, construction methodology or construction timeframe. However, if any potential changes to the project are identified at the on-site pre-application meeting, then they will be discussed with the full Project Team at the Concurrence Point 4C meeting prior to approval.

At the time the hydraulic design is 100 percent complete and the permit drawings for the project are finalized, the Hydraulics Unit will hold a Concurrence Point 4C meeting. At the Concurrence Point 4C meeting, the Hydraulics Project Engineer will present copies of the Stormwater Management Plan to the Project Team members. A Stormwater Management Plan is a narrative, project-specific, Stormwater Design Report. It outlines project involvement, river basins, classifications of the involved water bodies, selected structural and non-structural best management practices, best management practice devices, and major structures (bridges and box culverts). The final permit drawings for the permit application will also be reviewed and revised based on comments received at this meeting.

Any area where utility relocations affect additional environmental resources beyond the footprint of the roadway will be shown on the permit drawings and will be included in the impacts presented in the application.

In addition, if the project is within a CAMA county(ies) and a CAMA Major permit is required, then all utility relocations that are not included in the permit drawings will be described within the CAMA Major Permit application either in narrative form or in a separate spreadsheet. The level of detail of utility relocation information required within the CAMA major permit application will be determined on a project-by-project basis at the NCDCM on-site pre-application meeting.

The Hydraulics Engineer will record minutes of the meeting and will address the team's comments. Changes will be made based on the team's comments. The changes will be made in the permit drawings before the permit application is sent. The Concurrence Form indicates that the Project Team agrees that the drawings as presented are satisfactory to be submitted with the application. (This does not supersede the regulatory review process.)

After the changes are incorporated, the Hydraulics Engineer will ask for a signature of the Concurrence Form. The Concurrence Form will be detailed enough to document and identify changes. Any changes to impacts to wetlands, streams, buffers, or AEC's that occur after the 4C document is signed will require the resource agencies to revisit the design, and may require a new 4C meeting. The NCDOT Permit Specialist will contact the agencies via e-mail, letter, phone call or scheduling a meeting as appropriate to facilitate review of these changes. NCDOT will provide the current schedule. Any changes made to the schedule since the last concurrence meeting will be presented along with the reasons for the change. The meeting attendees will present any issues that may impact the project schedule. Needed revisions to the project schedule will be identified and adjusted appropriately by NCDOT.

Compensatory mitigation requirements will be identified based on final project impacts.

In those events where on-site mitigation opportunities are available and determined acceptable and/or necessary by the Project Team, the mitigation plan and design will be developed in concert with the overall project design. Removal of existing causeway fills is strongly encouraged to offset project impacts and/or create mitigation credits for future project impacts. The on-site mitigation will be developed and implemented by NCDOT in collaboration with the Project Team and EEP. Under no circumstances will the project be permitted until such time that the detailed on-site mitigation plan is complete and approved by the permitting agencies. Pursuant to the Memorandum of Agreement among the NCDOT, NCDENR, and USACE, signed July 22, 2002, the Ecosystem Enhancement Program (EEP) will provide all compensatory mitigation that is not satisfied by acceptable on-site mitigation.

The Office of Natural Environment Permit Specialist submits updated permit application(s) as appropriate to all of the agencies for which permits are required. Permit application(s) will be submitted within approximately two months after the 4C meeting. The permit application package will vary according to each agency's specific requirements.

Upon receiving the permit application from NCDOT, the permitting agency(ies) will review the application for completeness. If the permit application is determined to be incomplete, the permitting agency(ies) will return the application to NCDOT for additional information, and/or inform NCDOT of the additional information that is required.

After the permitting agency(ies) determine that the permit application is complete, the permitting agency(ies) will assemble and distribute the application package for comment to any designated review agencies. This process varies according to the permit being requested.

If the permit application is found to be incomplete or inaccurate after processing has begun, or if additional information from NCDOT is necessary to adequately assess the project, the permitting agency(ies) that have permit processing deadlines may place an application on hold. NCDOT may also request in writing that its permit application be placed on hold at any time. If the permit application is placed on hold by the permitting agency(ies), the processing shall be resumed upon receipt of the necessary changes or necessary information from NCDOT. If NCDOT requested that the permit application be placed on hold, the processing shall be resumed upon receipt of a written request from NCDOT to resume processing.

During the permit application review and processing period, additional discussions and/or meetings may be conducted between NCDOT and the environmental agency(ies) to resolve any outstanding issues. The goal of the Merger 01 Process, however, is to resolve all of these issues before the permit application is submitted to prevent delays in the construction letting.

If required by law or otherwise determined to be appropriate, the permitting agency(ies) will issue a Public Notice requesting comments from the public on the permit application. For example, the USACE is required to issue a Public Notice for any project that requires an Individual Permit. The USACE Public Notice is normally issued for a 30-day review and comment period. In such a case, the Public Notice would have been issued after the Draft EIS or EA and prior to Concurrence Point 3.

However, if, in the opinion of the USACE, an additional Public Notice is warranted due to changes in the project or new information, a second Public Notice will be issued. NCDCM is required to issue a 30-day Public Notice after a permit application is accepted as complete for any project that requires a CAMA Major Permit. NCDWQ generally is not required to issue a separate Public Notice.

After the relevant permitting agency(ies) have reviewed the permit application(s) for compliance, and comments have been received and properly considered from the public, as well as relevant state and federal review agencies, a permit decision will be made. The permit decision may be in the form of an approval, approval with conditions or denial. If a permit is issued, it will typically list specific conditions or restrictions on the development. The project must be constructed according to the permit conditions. A permit decision may be in the form of a denial if the outstanding issues have not been resolved satisfactorily. A permit denial is very unlikely for projects that follow the Merger 01 Process provided that the full Project Team has reached concurrence at each concurrence point.

After a permit decision is made by a state permitting agency, then the state agency decision can be appealed by NCDOT or by a third party. If this occurs, then the state permitting agency(ies) will respond according to their specific requirements.

If changes to the project's design, construction methodology or construction timeframe are needed at any time, additional coordination with the relevant environmental agency(ies) will be required. This includes the agencies that have permit authority over the project, as well as any other agencies that implement federal, state and local environmental statutes and regulations that apply to the project. If changes occur after the permit decisions are made, these changes may require the submittal of a request for a modification, amendment, Letter of Refinement or renewal to the relevant permit(s). A primary goal of the Merger 01 Process is to greatly reduce, and eliminate if possible, the number of changes that may require additional coordination with the environmental agency (ies) after the original permits are issued. Permit modifications, in particular, are very time-consuming and problematic for all concerned parties due to the relatively short timeframe required for resolution.

It is the responsibility of NCDOT to conduct any additional coordination that may be required with the relevant environmental agency(ies). Coordination with the relevant environmental agencies, including the submittal of any required permit modification requests, should occur at least 2-3 months before the work in question must be conducted to allow adequate time for processing.

When reviewing the request, the relevant environmental agency(ies) may request additional information before making a decision. The decision may be in the form of an approval, approval with conditions or denial.

During the course of the right of way acquisition, the design engineers will begin to develop the final plans for the project. The final design is a very detailed design that also includes computing and summarizing contract quantities required for the project, incorporating right of way revisions, compiling plans from various units (Traffic Engineering Branch, Roadside Environmental Unit, Utilities Section, etc.) and incorporating them in the project. After receiving all necessary permits, NCDOT will make sure that all environmental commitments and permit conditions are incorporated. NCDOT will ensure that construction drawings match the permit plan drawings and permit conditions, including any permit modifications.

The project is advertised so that all interested contractors can bid on the project. The bids are opened on the project letting date. After receiving bids, the project is considered for award by the NCDOT Board of Transportation. The Board then usually awards the contract to the low bidder and construction will usually start approximately 45 days after the contract is awarded. The contractor will be bound to the permit conditions and any environmental commitments that were developed during the NEPA and/or NCEPA environmental documentation.

After the contract is awarded, and prior to the initiation of construction, NCDOT and the Contractor will hold a preconstruction meeting. NCDOT will provide all Project Team members with a copy of the final plans at least 2 weeks prior to the preconstruction meeting along with a description of any changes that have been made to the project's design, construction methodology or construction timeframe. The purpose of this meeting is to review the final plans and the contents of the bid package, including any permit conditions and environmental commitments. The preconstruction meeting will be scheduled for a time when the USACE, NCDWQ and NCDCM (if a CAMA major permit was issued) can attend. All of the Project Team members will be invited to the preconstruction meeting with a minimum of thirty (30) days notice.

The NCDOT Division Engineer will ensure that all permits, permit conditions and associated documents are readily available on site at all times. The Division Engineer is responsible for ensuring that all federal, state, and local environmental statutes and regulations are adhered to after the project is let, including any permit conditions, and environmental commitments.

The Division Environmental Officer will provide assistance to the Division Engineer in meeting these requirements. Representatives from USACE, NCDCM, NCDWQ and other environmental agencies may visit the project site, including any disposal or borrow areas, at any time to conduct compliance inspections.

All work, including compliance with environmental conditions, must be completed prior to the expiration date of the permits. If necessary, a permit renewal may be requested. The decision to renew a permit may be in the form of an approval, approval with conditions or denial depending upon the relevant agency(ies) specific requirements. Renewal (extension) of permits must occur before the permits expire.

Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, NCDOT will return the Certificate of Completion to the NCDWQ 401/Wetlands Unit after obtaining the Division Engineer's signature.

Upon completion of all work, the Division Engineer and Division Environmental Officer will sign and return the USACE compliance form to the USACE.

Many project corridor lengths are broken into a number of project segments and are funded at different timeframes for right of way acquisition and construction. Therefore, right of way plan preparation and final plan preparation occur at various timeframes depending upon the project segment's schedule.

For a project that has multiple project segments, the following process will occur: the NEPA document will be written for the entire project corridor length (Steps 1-27). At the time of the Draft EIS or EA issuance, the NCDOT will submit a Section 404 application for the entire project corridor. The application will also include the plan for how compensatory mitigation will be addressed for the entire project (Step 33). An approved compensatory mitigation plan must be provided for the entire project before any project segment is permitted. Following the submittal of the application, the steps in the process that extend to the issuance of the FONSI or ROD (whichever is applicable) and the public information meeting will be completed for the entire project corridor length and Concurrence Point 4A will be achieved for the entire project corridor length.

The development of right of way plans on through to the project letting and construction (Steps 28-43) will begin for the project segment(s) that are imminently scheduled for right of way acquisition and letting. At the time the right of way plans are completed, an updated permit application will be submitted that will include right of way plans for the projects segment(s) that are imminently scheduled for right of way acquisition and letting. Preliminary designs will be submitted with the permit application for the remaining project segments that are scheduled for later years. The permitting agencies will then take final action on the permit application for all project segments. Any permits that are issued will have conditions that a final design will have to be submitted and written approval and/or permit modification obtained from the USACE and NCDENR before construction can begin on those project segments where only preliminary design was submitted with the application.

As the right of way and letting date draws near for the remaining project segment(s), the development of right of way plans and the completion of steps that lead to the project letting and construction (Steps 28-43) will be completed for each project segment(s). At the time the right of way plans for the remaining project segment(s) are completed, a request for a permit modification will be submitted for those project segment(s). This request will contain the final design information for the project segment(s). Prior to providing written approval and/or permit modification, the USACE and NCDENR, in coordination with the Project Team, will ensure that all appropriate avoidance and minimization measures have been incorporated in the project design. NCDOT will be notified of the decision on the requested segment(s) approval.