This is the official Texas Department of Transportation Trans-Texas Corridor Plan, adopted June 2002

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Environmental

Overview

An extensive environmental review will be an integral part of the Trans Texas Corridor development process. Though all corridor segments are conceptual at this point, avoidance or minimization of adverse environmental impacts will be paramount in developing the corridor.

• TxDOT environmental and public-involvement rules apply to federal or non-federal projects on the state transportation system, respectively.

• TxDOT rules governing development of transportation systems by others (state infrastructure bank, regional mobility authorities, toll authorities, private toll roads and exclusive development agreements) require environmental reviews, government agency coordination and public involvement.

• Federal transportation conformity requirements will apply in areas not meeting air-quality standards. Texas has 16 non-attainment counties and another 25 that may be listed under new standards.

• Corridor preservation will minimize impacts and costs that would otherwise result from development encroaching on desirable segments.

• Keys to ultimate success include early cooperative efforts, a new approach to addressing regulatory requirements, improvements in transportation environmental decision-making and successful preservation of corridor segments.

Benchmarks

• Existing federal and state regulations, including the National Environmental Policy Act of 1969, will ensure environmental compliance while guiding the decision-making process and the proper mitigation for the corridor.

• Existing memoranda of understanding and programmatic agreements between TxDOT and resource agencies will facilitate systematic reviews and effective decision-making.

• Texas has extensive experience in planning and development of complex, high-profile projects including State Highway 130, Grand Parkway, President George Bush Turnpike, I-69 (proposed) and others. Some of these projects involved using streamlined processes in environmental review and compliance strategies.

• Texas has extensive experience in engaging the public and developing context-sensitive solutions (Central Expressway, Green Ribbon Project, I-35W/I-30 and others).

• TxDOT has conducted transportation studies (SH 130, Lubbock’s East-West Freeway, and others) involving rail issues.

• Extensive inventories and databases (example: geographic information system or GIS) exist for identifying the natural and cultural resources that may be affected by the corridor. Maximizing use of these inventories will streamline establishment of an environmental baseline for the corridor and help in identifying ecosystem mitigation priorities.

• The Environmental Protection Agency already has "fatal flaw" analysis and similar tools in place and has used them in other transportation studies.

• Appropriate models exist for all current air-quality non-attainment areas and for many near non-attainment areas.

• A variety of mitigation tools are available, including in-lieu fees, land banking, contracting with others and conservation easements.

• TxDOT and other governmental resource agencies have experience in partnering with conservation groups, private citizens and each other.

• Through planning, zoning, platting and other means, municipalities have the power to require transportation setbacks and right of way dedications.

• Conducting the proper level of environmental study and impact analysis allows for route selection and right of way acquisition to begin prior to completion of the project-specific National Environmental Policy Act process.

Challenges

• Federal regulations relating to design-build contracting provide that a request for proposal should not be released before completion of the National Environmental Policy Act process.

• TxDOT has limited authority to conduct environmental review and mitigation for non-highway purposes.

• A new, more efficient approach to implementing existing environmental regulations is needed.

• Within existing regulations, new avenues will be needed to address effects on the ecosystem and cultural resources. The focus for such efforts will need to include air quality, water quality, cultural resources, endangered species and environmental review. A full selection of avoidance, minimization and compensation tools will be needed to successfully address resource mitigation in a timely manner.

• In non-attainment areas, corridor projects should be included in a conforming metropolitan transportation plan before compliance with the National Environmental Policy Act can be achieved.

[ Editor's Note: Most, if not all, of these 'challenges' have been overcome by recent changes of law, like HB3588 ]

Actions

• An aggressive program to preserve the corridor is needed if the most desirable routes are to be protected.

• Limited federal and state funds will reduce the amount of right of way that can be purchased fee simple. Options to stretch available funding include:

• Municipal authority for set-backs and dedications.

• Access management.

• Purchase of development rights.

• Options for later purchase.

• In keeping with the spirit and intent of the National Environmental Policy Act, use the process of environmental review for decision-making. Seek early and meaningful public and agency input. Take the necessary actions to protect, restore and enhance the environment and affected communities.

• Coordinate with federal and state agencies having oversight responsibilities for highways, rail, pipeline and utilities.

• Engage local authorities and industries involved in rail, pipelines and utilities.

• Apply lessons learned from other large projects.

• Continue refining and implementing strategies developed in response to Section 1309 of the Transportation Equity Act for the 21st Century.

• Develop a purpose-and-need statement defining goals and objectives. This statement will drive the environmental review and offer alternatives for many project-related decisions.

• To maximize effectiveness of the environmental decision-making process, TxDOT and the resource agencies must forge new partnerships and depart from traditional methods of planning, coordination and review. Mitigation (avoidance, minimization and compensation) and compensation through ecosystem mitigation should be important parts of this approach.

• TxDOT and resource agencies must look for "win-win" solutions and work toward fulfilling those objectives to the benefit of the corridor and the environment.

• Strive to avoid or minimize adverse environmental impacts.

• Use databases, existing inventories and other sources to identify tracts of land suitable for acquisition or conservation. This will compensate for unavoidable impacts resulting from the corridor.

• To compensate for unavoidable environmental impacts, develop a mitigation approach based on ecosystems and cultural resources. This approach will promote:

• Protection, conservation and restoration of important natural and cultural resources.

• Wise management and sound stewardship of natural, biological and cultural resources, while providing a range of goods and services such as recreation and transportation.

• Ecologically sustainable development for current and future generations.

• Objectives of the ecosystem and cultural resources initiative must:

• Establish collaborative interagency relationships to promote healthy ecosystems, preserve historic resources, support safe and efficient multi-modal, multi-use transportation systems and encourage wise economic growth while recognizing Texas’ social and cultural diversity.

• Focus agency programs to establish collaborative approaches that enhance and protect natural and cultural resources while providing better transportation options for the public.

• Emphasize through public outreach how the successful integration of ecological, cultural and socio-economic values make Texas a better place to live and work.

For the ecosystem initiative to be successful, all parties need to move beyond the traditional project-by-project approach to coordination, impact assessment, and mitigation.

Early in the planning stages of the corridor, TxDOT will identify the segments needing a conformity analysis (See Tables 1 and 2).

Table 1: Texas nonattainment counties and corridor conceptual segments

Nonattainment county	Area	TTC segments in county
Harris Galveston Brazoria Fort Bend Waller Liberty Chambers Montgomery Jefferson Orange Hardin Dallas Tarrant Collin Denton El Paso	Houston Houston Houston Houston Houston Houston Houston Houston Beaumont Beaumont Beaumont Dallas/Ft.Worth Dallas/Ft.Worth Dallas/Ft.Worth Dallas/Ft.Worth El Paso	0 1 1 1 1 0 0 1 0 1 1 0 0 1 1 1

Table 2: Texas near-nonattainment counties and corridor conceptual segments

Near-nonattainment county	Area	TTC segments in county
Nueces San Patricio Wilson Bexar Guadalupe Comal Victoria Hays Caldwell Travis Bastrop Williamson Smith Rusk Gregg Upshur Harrison	Corpus Christi Corpus Christi San Antonio San Antonio San Antonio San Antonio Victoria Austin Austin Austin Austin Austin Tyler/Longview Tyler/Longview Tyler/Longview Tyler/Longview Tyler/Longview	1 1 1 0 1 1 1 1 2 1 1 1 1 1 0 0 1

• TxDOT will work with the metropolitan planning organizations to schedule and to conduct the conformity analysis.

• For areas outside of a metropolitan planning organization, TxDOT will conduct the needed conformity analysis.

• Whenever possible, without compromising the project’s ability to satisfy the established purpose and need, situate corridor segments in locations that maximize air quality benefits for non-attainment areas.

• Pursue partnerships with state and federal agencies, conservation groups and private citizens for achieving ecosystem mitigation.

• TxDOT rules should specify that environmental review and clearance are completed before the design-build phase proceeds.

• Early project activities (environmental studies, design and public involvement) may be funded and conducted by a regional transit authority, regional mobility authority or private-sector developer. TxDOT will cooperate with other agencies to provide oversight.

• The early project activities may be funded and conducted by TxDOT. TxDOT should consider reimbursable agreements for the early planning and development it undertakes with the transfer of the project to a regional transit authority, regional mobility authority or private-sector developer.

• For rail, pipeline and utility purposes, TxDOT requires expanded authority for conducting the environmental review.

• Work with Federal Highway Administration and resource agencies to develop an effective process conforming to the National Environmental Policy Act. This will allow for early acquisition of priority corridors and at-risk parcels.

• Identify corridor preservation priorities.

• Seek legislation expanding the ability of local jurisdictions to require dedications and setbacks for the corridor.

Table 3: A framework for environmental review and processing of the corridor:

Plan element	Task
Conceptual planning	1. Develop purpose and need statement. 2. Develop concept paper on ecosystem management and preservation. 3. Establish tiered-National Environmental Policy Act process (with Federal Highway Administration). 4. Obtain buy-in from Federal Highway Administration and other appropriate federal and state resource agencies. 5. Conduct "Trans Texas Corridor Summit" with resource agencies culminating in execution of joint memorandum of understanding to establish planning framework and formalize agency partnerships. 6.Work with metropolitan planning organizations to develop conformity process.
Early public involvement	1. Publish concept notice. Describes Trans Texas Corridor. Describes ecosystem mitigation initiative. Solicits input/public comment. Texas Register, major newspapers, Web site. 2. Develop Trans Texas Corridor white paper. Macro-scale analysis. GIS-based maps (routes, resources, etc.). 3. Circulate white paper. Metropolitan planning organizations. Counties. Chambers of commerce. Interest groups, other stakeholders. Solicit input. 4. Public meetings - statewide (urban and rural). Present concept and mitigation approach. Begin identifying issues. Solicit input/public comments. 5. Document results.
Corridor studies and identification	1. Refine and adjust corridors. 2. Identify segments of independent utility. 3. Identify early starters (SH 130, I-69, etc.). 4. Prioritize development. 5. Identify priority corridors for transportation preservation.
National Environmental Policy Act and mitigation	1. Prepare overview environmental assessment/first tier National Environmental Policy Act document. Formalize planning assumptions. Document and establish segments of independent utility. Identify route alternatives/preferred. Identify corridor preservation priorities. 2. Public meetings – statewide (urban and rural). Present refined concept – project and mitigation. Identify transportation corridors and preservation priorities. Present impacts. Solicit input/public comment. 3. Consider input/refine project. 4. Seek approval of first-tier National Environmental Policy Act; may authorize acquisition of priority corridors.* 5. Prepare environmental impact statements/second tier National Environmental Policy Act documents – segments of independent utility. 6. Public Hearings – segments of independent utility. Present segments of independent utility. Present impacts. Solicit input/public comment on segments of independent utility. 7. Consider input/refine project. 8. Seek approval of second-tier National Environmental Policy Act document. 9. Continue tier process, as necessary. * NOTE: Depending on complexities and sensitivities of specific areas, completion of two or more tiers may be required before acquisition of priority corridors.
Corridor preservation	Acquire priority corridors as early as possible in tiered National Environmental Policy Act process.

Looking Down the Road - Executive Summary - Action Plan
Planning - Design - Environmental > Right of Way - Toll - Rail - Dedicated Utility Zone - Finance

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