| (a) Project scope required. The project sponsor, in
collaboration with the department delegate, will prepare a detailed
project scope that describes the preparation of the environmental
review document or CE/BCE/PCE documentation and performance of related
tasks. A district, region, or division that has dual roles as both
project sponsor and department delegate satisfies this requirement
by placing the project scope in the project file. For purposes of
this section, a project sponsor includes a local government that proposes
to serve as a project sponsor and intends to seek the department's
approval of such a designation under §2.47 of this subchapter
(relating to Approval of Local Government as Project Sponsor).
(b) Form. The project scope must be prepared using
a standardized checklist approved by the department that reflects
the requirements of subsection (c) of this section.
(c) Content. The project scope must include:
(1) a description of the project, including characteristics
relevant to environmental review;
(2) issues that must be addressed in the environmental
review document for the project;
(3) a statement of the anticipated classification of
the project under Subchapter D of this chapter (relating to Requirements
for Classes of Projects);
(4) identification of the department delegate, including
the department employee with authority to issue approvals under this
chapter on behalf of the department delegate;
(5) the name and contact information for the persons
to whom communications between the project sponsor and department
delegate should be addressed;
(6) obligations to coordinate with participating agencies;
(7) planned surveys or studies, including a description
of additional tasks that may be required pending the results of such
surveys or studies;
(8) planned public participation;
(9) a list of state and federal approval authorities;
(10) a list of permits anticipated for the project;
(11) any other tasks that the department delegate and
project sponsor jointly determine must be undertaken by the project
sponsor, including tasks that must be completed before submission
of the environmental review document or CE/BCE/PCE documentation and
tasks that must be completed later;
(12) a plan showing the stages and persons responsible
for engaging in informal dispute resolution under §2.52(a) of
this subchapter (relating to Dispute Resolution Process) if a dispute
arises concerning the preparation or review of the environmental review
document or CE/BCE/PCE documentation, with a deadline for completing
each stage of informal dispute resolution;
(13) a schedule that shows when the project sponsor,
or the department delegate if it agrees to perform specified tasks,
will submit any environmental reports under §2.45 of this subchapter
(relating to Optional Early Submittal of Environmental Reports), conduct
coordination with participating agencies, conduct public participation,
submit the environmental review document or CE/BCE/PCE documentation
for the department delegate's review, and perform any other tasks
outlined in the project scope; and
(14) calculation of an optional fee in accordance with §2.46
of this subchapter (relating to Optional Payment of Fee by Local Government),
if requested by a local government sponsor.
(d) Optional agreement between project sponsor and
department. Notwithstanding any provision of this subchapter, the
project scope may include the department delegate's agreement to complete
a task that §2.43 of this subchapter (relating to Project Sponsor
Responsibilities) otherwise directs is the responsibility of the project
sponsor. Any such agreement must clearly identify the task that the
department delegate has agreed to complete.
(e) Participation by FHWA. For a highway project for
which an environmental decision requires FHWA approval, the FHWA may
also be a party to the project scope. The project sponsor and department
delegate will determine whether to invite FHWA to be a party to the
project scope as soon as possible, but in no event later than the
initial meeting between the project sponsor and the department delegate
as provided for in subsection (f) of this section. Any matter agreed
to by the project sponsor and the department delegate in the project
scope, including the anticipated classification, may be subject to
FHWA approval for an FHWA transportation project.
(f) Collaboration on preparation; deadline for issuing
classification letter.
(1) The project sponsor and department delegate will
meet to discuss the preparation of the project scope not later than
the 30th day after the date that the project sponsor submits its proposed
project scope to the department delegate, unless before the end of
the 30-day period, the department delegate and project sponsor agree
that there is no need to meet to finalize the project scope or agree
to meet at a specified later date.
(2) If the project sponsor and department delegate
do not agree on the project scope, the department delegate will complete
a proposed project scope not later than the 60th day after the date
that the project sponsor submits its proposed project scope to the
department delegate.
(3) For projects for which a local government proposes
to be the project sponsor, the department delegate will issue to the
local government on or before the 30th day after the date that the
local government submits its proposed project scope to the department
delegate, a letter indicating the anticipated classification of the
project based on the information provided by the local government.
If the department delegate indicates its approval of the project scope
by signing it on or before the 30th day after the date that the local
government submits its proposed project scope to the department delegate,
a separate classification letter is not required.
(4) The project sponsor and the department delegate
will resolve any disagreements regarding the project scope, using
the process set forth in §2.52 of this subchapter, before the
deadline set forth in subsection (h) of this section.
(g) Receipt of optional fee. If the project sponsor
is a local government that proposes to pay an optional fee under §2.46
of this subchapter, the fee must be received by the department before
the department delegate may indicate its approval of the project scope
by signing it.
(h) Deadline for agreed upon project scope. The project
scope must be prepared and agreed to in writing by the project sponsor
and the department delegate before the project sponsor submits an
environmental review document or CE/BCE/PCE documentation to the department
delegate for its review.
(i) Amendment of project scope. The project sponsor
shall promptly notify the department delegate of any change in the
description of the project. If, after completion of the project scope,
there is a material change in the description of the project, or any
other change that materially affects how the project sponsor will
satisfy the requirements of this chapter, the project scope must be
amended accordingly. An amendment must be agreed to in writing by
the project sponsor and the department delegate.
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