SECTION 371.45. Applicant Requirements: Environmental Information Document

(a) An Applicant shall prepare an Environmental Information Document (EID) in consultation with the executive administrator for projects that have potential adverse environmental impacts and the significance of those impacts is not known. The executive administrator will provide guidance on the format and contents of the EID prior to the initiation of planning for the proposed project or as soon as practicable upon receipt of an application. An EID is not required when:

(1) the project is eligible for a CE or requires the preparation of an EIS;

(2) the Applicant submits a previous environmental finding that meets DWSRF program requirements, including compliance with the NEPA; or

(3) the Applicant prepares and submits a draft EIS and supporting documents that meet DWSRF program requirements, including compliance with the NEPA.

(b) Coordination. The Applicant shall prepare the EID in coordination with the appropriate federal agencies, state, and local governments, Indian tribes, and other potentially affected parties. The Applicant must also notify the executive administrator regarding any private entities or organizations affected by the proposed project.

(c) Contents of EID. The EID shall include, but is not limited to:

(1) a description of the project;

(2) the need for the proposed project;

(3) the alternatives to the project, including the no action alternative;

(4) the affected environment, including baseline conditions that may be impacted by the proposed project and the alternatives;

(5) the environmental impacts of the proposed action and alternatives, including unresolved conflicts concerning alternative uses of available resources;

(6) potential impacts on resources protected by the federal environmental cross-cutters;

(7) documentation showing that requisite regulatory agencies have been consulted;

(8) proposed mitigation measures supporting the issuance of a FONSI;

(9) documentation showing that the requisite public participation requirements have been satisfied; and

(10) any other information required by the executive administrator.

Source Note: The provisions of this §371.45 adopted to be effective July 4, 2016, 41 TexReg 4844