Study initiation and scoping

Internal administrative activities such as aligning resources, developing work plans and coordination plans, preparation of a Notice of Intent to prepare an EIS, and public and agency “scoping” are performed. For general requirements of a Notice of Intent, click here.
Scoping is an early and open process for determining the scope of issues to be addressed and for identifying the significant issues related to a proposed action.

As part of the scoping process, MaineDOT and the FHWA:

• Invite participation from affected Federal, State, and local agencies, tribes, and interested persons in the planning and execution of the study
• Determine the scope of the significant issues to be analyzed in depth in the EIS and the methods for analysis
• Identify and eliminate from detailed study the issues which are not significant, narrowing the analysis and discussion of these issues to a brief presentation of why they will not have a significant impact on the human environment
• Allocate assignments for preparing the EIS

As part of the scoping process, MaineDOT and the FHWA will hold a public and agency scoping meeting. MaineDOT and the FHWA will provide information on the background of the study, a broad outline of the study to be performed including schedule of activities, the purpose of the study and why it is needed (i.e., the problems it will fix), the natural resources and manmade features in the area, the range of alternatives being considered, and the studies to be performed. As part of scoping, MaineDOT and the FHWA are particularly interested in public comments on the purpose and ‘needs’ for the study and alternatives being considered.

Prepare the DEIS / Section 404 application

Many activities are performed when preparing the DEIS / Section 404 application: identify natural resources and manmade features in the area, detailed analysis of the purpose and needs for the study, development and evaluation of the alternatives being considered, and the potential impacts from those alternatives. Throughout the preparation of the DEIS / Section 404 application, opportunities for public input exist and coordination with Federal and state agencies with jurisdiction by law will be performed.

Impacts are assessed for natural, aesthetic, historic, cultural, economic, social, and health-related resources, whether direct, indirect, or cumulative. To determine the significance of impacts, their intensity must be evaluated in terms of the type, quality, and sensitivity of the resource involved; the location of the alternatives being considered; the duration of the effect (short- and long-term), and other considerations of context.

Circulate the DEIS / Section 404 application

The DEIS / Section 404 application will be distributed to solicit public and agency comments. During the comment period, MaineDOT, the FHWA, and the U.S. Army Corps of Engineers will hold a public hearing on the DEIS / Section 404 application to provide an overview of the study and receive comments before proceeding with the preparation of the FEIS / Section 404 application. The comment period will last at least 45 days and several ways to provide comments exists.

Prepare the FEIS / Section 404 application

Like the DEIS / Section 404 application, many activities are performed when preparing the FEIS / Section 404 application. These include: identifying substantive comments received on the DEIS / Section 404 application, making changes to the study based on substantive comments, identifying a preferred alternative for satisfying the studies purpose and need, the U.S. Army Corps of Engineers identifying the ‘Least Environmentally Damaging Practicable Alternative’, and developing measures to mitigate adverse impacts to the natural and manmade features, if needed.

MaineDOT and the FHWA will consider and respond to substantive comments received on the DEIS / Section 404 application, including those from the public hearing. The FEIS / Section 404 application will include copies of the comments received on the draft. If comments are voluminous, they may be summarized. If the FEIS / Section 404 application was changed in response to comments, the changes will be referenced in the responses.

MaineDOT’s and the FHWA’s preferred alternative will be identified in the FEIS / Section 404 application. The FEIS / Section 404 application will describe the preferred alternative, and the basis for that decision. The preferred alternative is the alternative that the agencies determine to best meet the study purpose and needs, with the least adverse environmental impact, at an affordable cost. Measures to mitigate adverse impacts to the natural and manmade features will be identified, if needed.

As part of the FEIS / Section 404 application, the U.S. Army Corps of Engineers will help to identify the Least Environmentally Damaging Practicable Alternative (LEDPA). Critical to the selection of the LEDPA is the recognition of the full range of NEPA alternatives and their impacts in determining first, which alternatives are practicable (in terms of logistics, technical aspects, and overall cost) and second, which are environmentally less damaging.

Circulate the FEIS / Section 404 application

MaineDOT and the FHWA will distribute the FEIS / Section 404 application for review. The FEIS / Section 404 application will be available during the ‘wait period’ for a minimum of 30 days before the Record of Decision is issued.

Record of Decision

MaineDOT and the FHWA will prepare and distribute a Record of Decision (ROD) for the study. The ROD is the final step in the EIS process. The ROD identifies the selected alternative, presents the basis for the decision, identifies the alternatives considered, specifies the “environmentally preferable alternative,” and provides information to avoid, minimize and compensate for environmental impacts.

Next Steps

Initiate final engineering design, complete applications and receive permits, and other next steps. Following the ROD, MaineDOT and the FHWA can proceed with the initiation of final engineering design, the completion of permit applications, the acquisition of property, and construction. As this process could take several years to complete, as part of final engineering design, MaineDOT and the FHWA would work with the towns to develop a plan to protect the corridor of the selected alternative, including the area of its intersections and interchanges, from further development.