Screening Process

The screening process is applicable for TIP Projects that will have an environmental document prepared by the Project Development and Environmental Analysis Branch.

As stated in the MOU, the Section 404/NEPA Merger Process will generally apply to all new location projects and all projects that will likely require an individual permit under Section 404 of the Clean Water Act. Additional guidance is provided to assist in identifying specific projects that will follow this process.

It is recognized that there are substantial benefits in carrying projects through the Merger Process. the Merger Process requires a high degree of commitment of resources by the many agencies that are involved in the process. Consultation between the USACE, FHWA, NCDENR, and NCDOT to determine applicability is necessary and important.

The guidance listed below will be used in determination of projects to be moved through the Merger Process:

• Projects will be placed in the Merger Process if an Individual Section 404 permit is likely.
• If a Section 404 regional or nationwide permit is likely and the project potentially impacts:
  • Critical Water Supply Area or
  • Total Direct Impacts > one acre of wetlands or > 500 feet of stream
    
    then:

    FHWA, USACE, NCDENR and NCDOT will consult prior to scheduling the Concurrence Point No. 1 meeting to determine if the project should be placed in the Merger. Other resource agencies may be consulted for input as appropriate.

Is the project a replace in-place (in existing right-of-way) only bridge project?

If the only alternative under consideration is replace in-place with off site detour, then no merger should be needed. If not proceed

Is an Individual Permit (IP) required from USACE?

If an IP is required, or is likely to be required due to potential project impacts; then the NCDOT Rep. will consult with USACE, NCDENR, and FHWA to determine if merger is recommended.

Does the project involve potential impacts to or involvement with two or more of the following types of resources?

Wetlands
Buffer Rules
Water Supply Critical Areas
CAMA – Areas of Environmental Concern
T&E species present
Section 4(f)/Section 106
Environmental Justice
Unusually high level of public controversy
Unusually large number of relocations for project type
Compelling reason[s] to maintain traffic onsite

If so, NCDOT will consult with USACE. NCDENR, and FHWA to determine if merger is recommended.

The consultation between the FHWA, USACE, NCDOT, and NCDENR should generally be a meeting so that all data can be reviewed including aerial photography. Phone calls and e-mail may also be appropriate for certain level of impacts that do not require a detailed review of data. In reviewing the potential impacts of widening and new location projects, it is important to consider the potential conflict of the important natural resources noted above with project settings, intensity of impacts and important socio-economic (human) resources such as Environmental Justice Communities, Section 4(f) properties, and relocations. The need for detailed alternative analysis studies to avoid impacts to these important resources and evaluate the conflict between resources should determine the basis for applying the merger process to projects. The NCDOT Project Development Engineer will document the results of this consultation and provide copies to FHWA and USACE.

If the project team members for USACE, FHWA, NCDENR and NCDOT cannot reach agreement, the decision will be referred to the USACE’s NCDOT Coordinator, FHWA’s Operations Engineer, NCDENR Deputy Secretary or designee, and NCDOT’s Manager of the Project Development and Environmental Analysis Branch for resolution.

For projects that do not go through the merger process, it is important to note that NCDOT will still be fulfilling the avoidance and minimization requirements. Resource agencies will have the opportunity to review these projects through the normal NEPA and permitting process when the EA is circulated for comments or when the CE is signed. Additionally, for projects designated by the USACE, FHWA, NCDENR and NCDOT, NCDOT will hold a meeting with appropriate agencies to obtain their input on the adequacy of the avoidance and minimization measures achieved, prior to circulating the EA for comments or when the CE is signed.

If information becomes available on a non-merger project that warrants it being considered for placement in the merger process, USACE, FHWA, NCDENR, and NCDOT will meet to determine if it should be placed in the merger and at what point based on the project status.

As the project development advances and more detailed information becomes available, it may be possible to determine that a project in the merger does not need to remain in the merger. At each concurrence meeting, the Project Team should evaluate the need for the project to stay in the merger process. If these agencies agree, the project may be dropped from the merger. The final decision to remove a project from the merger process rests with NCDOT, NCDENR, USACE, and FHWA. The project development engineer will document the results of the consultation and provide copies to all project team members.