(v) the potential environmental impacts of the project as proposed
including those which cannot be avoided;
(vi) the relationship between the short term uses of man's
environment and the maintenance and enhancement of long term productivity;
(vii) any irreversible and irretrievable commitments of resources
to the proposed project;
(viii) a description of public participation activities conducted,
issues raised, and changes to the project which may be made as a result of
the public participation process; and
(ix) documentation of required public participation activities
and coordination with appropriate governmental agencies.
(B) Prior to the applicant's adoption of the engineering feasibility
data, the applicant will hold a public hearing on the proposed project and
the EID, and provide the executive administrator with a verbatim transcript
of the hearing. The executive administrator will provide guidance to the applicant
regarding the contents of the hearing notice and of the hearing. The hearing
will be advertised at least 30 days in advance in a local newspaper of general
circulation. Notice of the public hearing and availability of the documents
also will be sent at least 30 days in advance of the public hearing to all
local, state, and federal agencies and public and private parties that may
have an interest in the proposed project. Included with the transcript will
be a list of all attenders, any written testimony, and the applicant's responses
to the issues raised.
(C) The applicant will provide copies of the EID to all federal,
state, and local agencies and others with an interest in the proposed project.
The executive administrator will provide guidance to the applicant regarding
coordination requirements.
(3) The format of an EIS will encourage sound analysis and
clear presentation of alternatives, including the no action alternative and
the preferred alternative, and their environmental, economic, and social impacts.
The following format must be followed by the applicant unless the executive
administrator determines there are compelling reasons to do otherwise:
(A) a cover sheet identifying the applicant, the proposed project(s),
the program through which financial assistance is requested, and the date
of publication;
(B) an executive summary consisting of a 10 to 15 page precis
of the critical issues of the EIS in sufficient detail that the reader may
become familiar with the proposed project and its cumulative effects. The
summary will include:
(i) a description of the existing problem;
(ii) a description of each alternative;
(iii) a listing of each alternative's potential environmental
impacts, mitigative measures and any areas of controversy; and
(iv) any major conclusions;
(C) the body of the EIS, which will contain the following information:
(i) a complete and clear description of the purpose and need
for the proposed project and objectives;
(ii) a balanced description of each alternative considered
by the applicant. The descriptions will include the size and location of the
facilities and pipelines, land requirements, operation and maintenance requirements,
and construction schedules. The alternative of no action will be discussed
and the applicant's preferred alternative(s) will be identified. Alternatives
that were eliminated from detailed examination will be presented with the
reasons for their elimination;
(iii) a description of the alternatives available to the board
including:
(I) providing financial assistance to the proposed project;
(II) requiring that the proposed project be modified prior
to providing financial assistance to reduce adverse environmental impacts,
or providing assistance with conditions requiring the implementation of mitigative
measures; and
(III) providing no financial assistance;
(iv) a description of the alternatives available to other local,
state, and federal agencies which may have the ability to issue or deny a
permit, provide financial assistance, or otherwise effect or have an interest
in any of the alternatives; and
(v) a description of the affected environment and environmental
consequences of each alternative. The affected environment on which the evaluation
of each alternative will be based includes, as a partial listing, hydrology,
geology, air quality, noise, biology, socioeconomics, land use, and cultural
resources of the planning area. The executive administrator will provide guidance,
as necessary, to the applicant regarding the evaluation of the affected environment.
The discussion will present the total impacts of each alternative in a manner
that will facilitate comparison. The effects of the no action alternative
must be included to serve as a baseline for comparison of the adverse and
beneficial impacts of the other alternatives. A description of the existing
environment will be included in the no action section to provide background
information. The detail in which the affected environment is described will
be commensurate with the complexity of the situation and the significance
of the anticipated impacts.
(4) The draft EIS will be provided to all local, state and
federal agencies and public groups with an interest in the proposed project
and be made available to the public for review. The final EIS will include
all objections and suggestions made before and during the draft EIS review
process, along with the issues of public concern expressed by individuals
or interested groups. The final EIS must include discussions of any such comments
pertinent to the project or the EIS. All commentors will be identified. If
a comment has led to a change in either the project or the EIS, the reason
should be given. The board's staff will always endeavor to resolve any conflicts
that may have arisen, particularly among permitting agencies, prior to the
issuance of the final EIS. In all cases, the comment period will be no less
than 45 days.
(5) Material incorporated into an EIS by reference will be
organized to the extent possible into a supplemental information document
and be made available for public review upon request. No material may be incorporated
by reference unless it is reasonably available for inspection by interested
persons within the comment periods specified in subsection (b)(4) of this
section.
(6) Preparation of the EIS will be done, at the discretion
of the executive administrator: directly by its own staff; by consultants
to the board; or by a consultant, contracted by the applicant subject to approval
by the executive administrator. In the latter two cases, the consultants will
be required to execute a disclosure statement prepared by the executive administrator
signifying they have no financial or other conflicting interest in the outcome
of the project. When an EIS is prepared by contractors, either in the service
of the applicant or the board, the executive administrator will independently
evaluate the EIS prior to issuance of the ROD and take responsibility for
its scope and contents. The board staff who undertake this evaluation will
be identified under the list of preparers along with those of the contractor
and any other parties responsible for the content of the EIS.
(7) The following public participation requirements are the
minimum allowable to the applicant and the board.
(A) Upon making the determination that an EIS will be required
of a proposed project, the executive administrator will publish in the Texas
Register and distribute a notice of intent to prepare an EIS.
(B) As soon as possible after the notice of intent has been
issued, the executive administrator will convene a meeting of the affected
federal, state, and local agencies, the applicant, and other interested parties
to determine the scope of the EIS. A notice of this scoping meeting may be
incorporated into the notice of intent or prepared and issued separately.
In no case will the notification period be less than 45 days. As part of the
scoping meeting the board will, at a minimum:
(i) determine the significance of issues and the scope of those
significant issues to be analyzed in depth in the EIS;
(ii) identify the preliminary range of alternatives to be considered;
(iii) identify potential cooperating agencies and determine
the information or analyses that may be needed from cooperating agencies or
other parties;
(iv) discuss the method for EIS preparation and the public
participation strategy;
(v) identify consultation requirements of other laws and regulations;
and
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