Purpose & Need Training May 10, 2017

Purpose & Need Training May 10, 2017
Presented by ODOT’s Office of Environmental Services

Purpose & Need Training Class
What’s In It For You? Project management awareness Interact with your peers Ask questions! Purpose & Need Training Class

Learning Objectives Recognize how to properly develop P&N’s that: Identify primary transportation needs Provide a basis for evaluating and advancing or eliminating alternatives Are legally defensible Interpret existing regulations Recognize why the P&N is the foundation of an environmental document and it’s relationship to alternatives analysis, logical termini, etc. As the cartoon suggests, the process of developing P&N is not as simple as “point and click”. It may involve going back to the chalk board and ensuring everything has been included Purpose & Need Training Class

Agenda Regulatory Process P&N and ODOT’s PDP Developing a P&N Basic Format Need Elements Case Studies Review/Q&A Purpose & Need Training Class

Introductions Name Company Environmental and P&N Experience Class Expectations Purpose & Need Training Class

Regulations, Policy & Procedures

Federal Law And Regulations
National Environmental Policy Act of (NEPA) Regulations Council on Environmental Quality (CEQ) 40 CFR 1502 Federal Highway Adminstration (FHWA) 23 CFR 771 I will discuss very briefly the laws and regulations to give you some of the background, and then we will get into the policy and guidance. Purpose & Need Training Class

nepa Requires federal agencies to determine if proposed actions will result in significant impacts Instituted an interdisciplinary approach to project planning and decision-making Identify, develop, and assess appropriate alternatives to recommended courses of action NEPA requires us to communicate with other agencies and the public. It also requires us to look at alternatives to our proposed actions. It is not a good idea to attempt either of these without a good idea of the purpose and need for the project. You can lose credibility with the public and other agencies if are not able to answer questions about why the project is needed. You can’t determine if an alternative will work if you don’t understand the problem that you are trying to solve Purpose & Need Training Class

Ceq Regulations 40 CFR Alternatives “…is the heart of the environmental document…” Agencies shall: “…evaluate all reasonable alternatives, and for alternatives which were eliminated from detailed study, briefly discuss the reasons for their having been eliminated” CEQ call the alternatives section the heart of the EIS. Purpose & Need Training Class

Fhwa Regulations 23 CFR (f) …the action evaluated in each EIS or finding of no significant impact (FONSI) shall: Connect logical termini Have independent utility Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements Purpose & Need Training Class

Fhwa Guidance Technical Advisory Joint-lead or cooperating agencies should afford deference to lead agency's articulation of a project’s P&N P&N is the cornerstone for the alternatives analysis Does not discuss solutions Take steps to ensure P&N is not so narrow as to unreasonably point to a single solution Purpose & Need Training Class

Environmental Documents
P&N justifies: Expenditure of funds Impacts upon the human and natural environment Priority being given to the action relative to other needed highway projects is warranted Purpose & Need Training Class

Logical Termini Rational end points Establishes area environmental impacts Transportation problems begin and end Purpose & Need Training Class

Logical Termini Guidance
23 CFR (f) Should be of sufficient length to address environmental matters on a broad scope Independent utility/significance Reasonable expenditure even if no additional transportation improvements in the area are made Consideration of alternatives for other reasonably foreseeable transportation improvements not restricted Purpose & Need Training Class

Guidance on Development of Logical Project Termini Need to consider a “whole” or integrated project that can be advanced through planning, environmental, design, and construction Corresponds to an identified need Considers the local areas future travel demand and other planned infrastructure improvements Explain logical termini and purpose and need relates to it Purpose & Need Training Class

Proposed improvements may miss the mark by only peripherally satisfying the need or by causing unexpected side effects which require additional corrective action “Segmentation" may occur where a transportation need extends throughout an entire corridor but environmental issues and needs are discussed for only a segment of the corridor Purpose & Need Training Class

Planning and NEPA Integration
(Feb. 22, 2005) Overall goal is to avoid duplication of work and delays in implementing transportation projects Information and produces developing during planning can be a primary source for P&N development The relevant transportation needs are identified during planning which may be updated in technical studies during NEPA Where do projects come from? Where do you get the data? Purpose & Need Training Class

Analysis from technical planning studies or data systems can be incorporated in the P&N Congestion Pavement Bridge Crashes Goals and objectives in long-range transportation plans can be the foundation for developing the P&N Incorporating studies/data from planning may help in narrowing alternatives developed during NEPA Purpose & Need Training Class

A statement of the primary transportation needs Not solution-based Specific enough so range of alternatives developed offer solutions to the existing transportation problem Not so specific as to "reverse engineer” a solution May reflect other priorities and limitations in the area (i.e. environmental resources, growth, land use, and economic development) Purpose & Need Training Class

Purpose & Need and ODOT’s PDP

ODOT’s PDP Purpose & Need Training Class

ODOT’s PDP Five Project Paths Path 1 Path 5 Least Complex Most complex
Purpose & Need Training Class

P&N Developed in the Planning Phase Scoping Task 1.3.G Refined as the project advances through the Preliminary and Environmental Engineering Phases Draft until the environmental document is approved P&N’s are not required for C1 and C2 projects – (talking point) Purpose & Need Training Class

When is it Needed? Paths 1 and 2 A written statement not required C1 and C2 projects (formerly Exempt/CE1) Path 3 Typically required D1 and D2 projects (formerly CE2/CE3) Path 4 and 5 Required D3, EA, and EIS projects (formerly CE4) Purpose & Need Training Class

District’s Role Research and prepare May hire consultant to prepare Locals and consultants must send P&N to district for review and approval For local projects, districts no longer prepare D1 documents or higher Seek local stakeholder concurrence Ensure consistent quality control Purpose & Need Training Class

OES’ Role DO NOT WAIT - Involve OES Early
Advise and assist with (as needed): Defining transportation needs Logical Termini/Independent Utility Finalizing P&N during NEPA P&N for D2, D3, EA, and EIS projects are submitted to OES for review/concurrence DO NOT WAIT - Involve OES Early Purpose & Need Training Class

Performance Based Project Development

What is PBPD? A design philosophy and practical solution to stretch public dollars More needs than funding Focus is on improving existing conditions “Design Up” Design solutions focus on/satisfy P&N Designs strive to maximize benefit/minimize cost Avoid designing solutions that can’t be funded Purpose & Need Training Class

P&N and PBPD Focus on existing transportation problems Don’t quantify ideal conditions (no metrics) Identify Primary and Secondary Needs Primary = Deficiencies that are truly the problem Secondary = “Needs” that aren’t causing undue problems Identifying primary and secondary needs early in the PDP process reduces time spent and expenditure of funds designing the ultimate fix Purpose & Need Training Class

Alternatives Address Primary Needs to the extent practical Address Secondary Needs if cost-effective and not too impactful Consider a “good” fundable alternative that improves existing in lieu of a “perfect” alternative that is cost prohibitive Designs strive to maximize benefit/minimize cost Avoid designing solutions that can’t be funded Purpose & Need Training Class

Moving Forward ODOT-OES Policy revising P&N Guidance Focus on primary and secondary needs Concepts being addressed/implemented in FS, AER, and PDP guidance Enhance training Purpose & Need Training Class

Developing a Purpose & Need

The P&N is Designed To… Effectively communicate and coordinate project elements with stakeholders and the public Provide a basis for evaluating and advancing or eliminating alternatives Justify impacts Establish logical termini and independent utility Manage controversy Purpose & Need Training Class

A Well-Written P&N… Describes how the project was developed Presents a shared understanding of the primary transportation problems Assists in defining project scope Guides development of alternatives Avoids developing an ill-conceived project Ensures decisions are legally defensible Purpose & Need Training Class

Basic Format Project History Purpose Statement Need Elements Goals and Objectives - optional Summary Logical Termini/Independent Utility Purpose & Need Training Class

ENVIRONET Purpose & Need Training Class

Project History

Project Context and Status
Background on existing facility How project was initiated/developed Actions taken to date Funding status, schedule, etc. Prior investigations/studies Traffic Safety Planning Purpose & Need Training Class

Planning and Development
Land Use/Visioning Documents MPO TIP/STIP Local Comprehensive Plans Community Mission Statements Purpose & Need Training Class

Legislative Federal, state or local government directives Specific earmarks, TIGER Grants, etc. Consider if the following is identified as part of specific legislation: Particular facility design Particular termini Particular mode of travel Purpose & Need Training Class

Purpose Statement

Purpose Statement States primary objectives to be attained Be clear and concise 1-2 sentences in length A range of potential purposes can exist Mobility, safety, access Articulates the intended positive outcomes An alternative that does not achieve primary purposes would be eliminated Do not include any reference to solutions Purpose & Need Training Class

Need Elements

What Are Needs? Quantified data obtained from technical analysis Determines if well-defined and supported needs exist Primary and secondary transportation needs One or two paragraphs per need element Purpose & Need Training Class

Transportation Needs Mobility Congestion Facility Deficiencies Safety System Linkage Modal Inter-relationship Access Purpose & Need Training Class

Non-Traditional Needs
Economic Development/Growth Emergency Evacuation Environmental Protection National Defense Purpose & Need Training Class

Mobility Movement of people and goods Identified and addressed during planning with respect to all modes Transit, rail, aviation, pedestrian and bicycle Ability to meet traffic demands Can be considered a primary need or goal Purpose & Need Training Class

Mobility Identify source(s) to support Possible sources might include: MPO Metropolitan Transportation Plan Community Comprehensive Plan State Transportation Plans County or municipal visioning document Land Development Plans Purpose & Need Training Class

Congestion First step is to define congestion Determine desired performance level Range of measures can be used: Levels of service (LOS) Volume-to-capacity (V/C) ratios Vehicle hours of delay Purpose & Need Training Class

Congestion MPO planning documents (Plans and TIPs) are source, within urban counties Same set of measures may not apply to every project Purpose & Need Training Class

Congestion The Travel Demand Model (TDM) is used in the Transportation Planning process and its data can be used to define congestion Provides sufficient data to establish a congestion-related need Includes capacity for a particular transportation facility Estimates the demand for that facility Purpose & Need Training Class

Congestion Highway Capacity Manual (HCM) software is another analysis tool Purpose & Need Training Class

Facility Deficiencies
Poor pavement conditions Poor bridge conditions Substandard geometrics Substantiate with data “Facility deficiencies” are physical characteristics of a facility that are below the desired performance. Examples include: Purpose & Need Training Class

Facility Deficiencies
Data can come from various sources: Pavement Management System Bridge Management System Maintenance Management System Roadway Design Manuals and Guidelines Structure Standards – federal, state, local Purpose & Need Training Class

Safety Often times an inherent benefit Crash data supports existing and future conditions Often considered purpose of a project, but can be a need as well (e.g. crashes) Completing the project may yield reductions in crash numbers, rates, types and/or severity. Purpose & Need Training Class

Safety Only include if data indicates high crash rate and the project will address the need Purpose & Need Training Class

Safety Based on accepted engineering practices Not relevant without documented crash data Does not increase justification for a project Consider unintended negative consequences Purpose & Need Training Class

System Linkage Defined as linking: Two or more existing transportation facilities A new link between two interstates Different types of modal facilities Establishing an intermodal facility Two or more geographic areas A rail link between Norfolk and Columbus Purpose & Need Training Class

System Linkage Linking two or more regional traffic generators and/or geographic areas Mall, regional sports complex, etc. Linking an existing transportation network to a geographic area that currently is not connected Purpose & Need Training Class

System Linkage Can be a primary need or goal Rare to have system linkage as a primary need Purpose & Need Training Class

Modal Inter-Relationship
Appropriate to include intermodal connectivity Define modes to be included Explain in quantifiable terms Define how proposed facility will interface with and serve to complement airports, rail and port facilities, mass transit, etc. An FHWA / FTA project that would provide connectivity between highway users, bikes, pedestrians and transit for example Purpose & Need Training Class

Access More than likely a purpose of an undertaking Related to another transportation problem Congestion on nearby facilities Desire to promote economic development Purpose & Need Training Class

Non-Traditional Need Elements

Economic Development Based on a communities master plane/vision for growth and prosperity May be tied to planned infrastructure Transportation facilities rarely the sole factor New employment, schools, land use changes, etc., that are planned and/or implemented Land use changes may indicate a need to improve or add highway capacity may exist Purpose & Need Training Class

Economic Development Overall assessment of existing transportation and other public infrastructure influences community growth Transportation infrastructure can facilitate the changing of land uses and lead to growth Job creation is not a transportation need Transportation infrastructure, other public infrastructure (e.g. water, sewer, schools) and other considerations (e.g. tax rates, available workforce, available land and/or buildings, real estate values) collectively help determine how and where a community will grow. Provision of transportation infrastructure can facilitate the changing of land uses (e.g. paving an existing dirt road can make the adjacent properties more likely to support greater densities and/or intensities of use) which can lead to community growth/economic development. Purpose & Need Training Class

Economic Development Purpose statement should not be written: “The purpose is to promote growth/economic development” P&N is grounded in transportation “The purpose is to provide transportation infrastructure to support community growth/development as identified in [a plan].” Purpose & Need Training Class

Economic Development Identify source(s) to support Possible sources include: MPO Metropolitan Transportation Plan Comprehensive Transportation Plan County and/or municipal visioning document Land Development Plans Purpose & Need Training Class

Economic Development Resolutions or other forms of support: Individual Developments Non-governmental Entities Downtown Development Commissions Chambers of Commerce Capital Improvement Programs Purpose & Need Training Class

Economic Development Do not discuss if not substantiated Focus on existing transportation problems to avoid defining a broad purpose that may require consideration of a vast range of non-transportation alternatives for promoting economic development/growth Purpose & Need Training Class

Emergency Evacuation In Ohio, applies to nuclear power plant evacuation routes only A documented need must exist State or local policy and/or evacuation study Proposed undertaking must be located on a designated evacuation route Purpose & Need Training Class

Environmental Protection
Incorporates elements that protect the environment Rarely a transportation need Focus on the underlying reasons for proposing the action based on a transportation need Mitigation projects should reference main project Sometimes the elements can be prescriptive (e.g. compensatory mitigation pursuant to Section 404 of the Clean Water Act). Other times, environmental protection elements can be voluntary. Purpose & Need Training Class

National Defense Critical surface transportation systems vital to our national defense/security: Strategic Highway Network (STRAHNET) Railroads for National Defense (RND) Ports for National Defense (PND) For inclusion as a primary need, there must be an identified need from a military perspective If on STRAHNET, but underlying needs defined by local community, this element could be a goal Purpose & Need Training Class

Goals & Objectives Optional and discretionary Out of planning Community perspective, not transportation perspective Consistent with and follows local development plans Considers aesthetic design Purpose & Need Training Class

Goals & Objectives Secondary elements/other desirable outcomes Is not a core purpose of the undertaking Goals and objectives are not a basis for eliminating alternatives in the screening stage May be a factor in the selection of the preferred alternative Purpose & Need Training Class

Goals & Objectives Also includes Aesthetic design (CSS/CSD) Complete Streets Connection to bike/pedestrian facilities Integrating transit stops, shelters, lanes Burying utilities underground Sidewalks/medians to improve safety Purpose & Need Training Class

Summary Restate Purpose Statement Summarize need elements Purpose & Need Training Class

Logical Termini Transportation problem begins and ends Federal actions shall not be segmented Does not preclude phasing of construction under a single NEPA action State, city, or municipal boundaries are not acceptable end points Purpose & Need Training Class

Independent Utility Establishes independent significance May be implied by logical termini May need to be specifically addressed Distinct from project construction phasing Not dependent on any other action Purpose & Need Training Class

Length Recommendations
Level of detail needed can vary Quantified discussion in CE’s should be brief 1 or 2 paragraphs per need element Should equal 1-2 pages of text An EA/EIS typically involves complex environmental and engineering decisions that may require a detailed quantified discussion 3-5 pages of text When length recommendations are exceeded, contact OES to initiate consultation with FHWA Purpose & Need Training Class

Points to Remember P&N is the foundation needed to adequately evaluate, eliminate, and advance alternatives Re-examine and update P&N, as needed Define existing transportation problem(s) Measurable, quantifiable data Comprehensive, specific, and concise Identify and quantify needs to the level that logical termini and independent utility can be established Include appropriate maps, illustrations, photos, charts, graphs, spreadsheets, etc., in appendices Purpose & Need Training Class

Points to Remember Eliminate “FLUFF” “Just the Facts” Opinions do not count Avoid subjective words May, Maybe Likely, Could Avoid words with legal interpretations Significant Segment Hazardous Purpose & Need Training Class

Case Studies

Putting it All Together
Format: Project History Purpose Statement Need Elements Goals & Objectives Summary Logical Termini & Independent Utility Purpose & Need Training Class

Group Discussion

Wise You Are

Course Summary Quantified discussion in CE’s should be brief 1 or 2 paragraphs per need element The equivalent of 1-2 pages of text Quantified discussion in an EA or EIS can be more detailed 3-5 pages of text Contact OES if length recommendations exceeded Purpose & Need Training Class

Course Summary Provide a clear, concise and well justified P&N The P&N is the foundation for developing, evaluating and advancing or eliminating alternatives DO NOT include a discussion of solutions Do not restrict consideration of other alternatives The P&N is a legally defensible document Purpose & Need Training Class

OES Non-Major Contacts
Erica Schneider - AEA Kevin Davis - Policy Supervisor Doug App - Districts 1, 2, 5, 8, 10, 12 Veronica Trecazzi - Districts 3, 4, 6, 7, 9, 11 Consultants should always contact ODOT District Environmental Staff Purpose & Need Training Class

OES Major Projects Contacts
Larry Hoffman - Districts 3, 4, 8, 12 Heather McColeman - Districts 1, 2, 5, 6, 7, 9, 10, 11 Purpose & Need Training Class

Test Follow post-class test instructions Two weeks to complete – no exceptions! A passing score of 75% is required Purpose & Need Training Class

Thank You For Coming Today!

Purpose & Need Training May 10, 2017

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