27 CAR § 95-105. Reevaluations

(a)(1) If the design or operation of a project that was previously accepted is significantly changed, e.g., land use, traffic volumes, roadway design, environmental impacts, etc., then a reevaluation is required. (2) The scope of the changes and the factors justifying the change will determine the level of analysis required. (b)(1) If an accepted change in access has not progressed to construction within eight (8) years after receiving affirmative determination of the engineering and operational acceptability from the Federal Highway Administration, a reevaluation is required. (2) The National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., reevaluation period is different from the freeway system access reevaluation. (3) National Environmental Policy Act of 1969 documents require reevaluation in three (3) years (23 C.F.R. § 771.129) if major steps to advance the proposed project have not occurred. (c)(1) If the reevaluation is performed after the planning, air quality conformity, and National Environmental Policy Act of 1969 processes are completed, documentation must be provided on how these processes were amended. (2) The documentation should include the results and/or conditions that are addressed in the reevaluation to allow the department and Federal Highway Administration to make an informed decision on the change in access.