| (a) This section applies to complete applications submitted
to the executive administrator after prioritization.
(b) In addition to the general application requirements
of Subchapter A of this chapter (relating to General Provisions),
the following are required to be considered an administratively complete
application:
(1) if the project is a flood control project and the
project watershed is partially located outside the political subdivision
making the application, the applicant must submit a memorandum of
understanding relating to management of the project watershed. The
memorandum of understanding must be approved and signed by all governing
bodies of eligible political subdivisions located in the project watershed.
The memorandum of understanding at a minimum, must contain a requirement
that all political subdivisions in the project watershed agree to
work cooperatively;
(2) an affidavit attesting to the following:
(A) that the applicant has acted cooperatively with
other political subdivisions to address flood control needs in the
area in which the eligible political subdivisions are located;
(B) that all eligible political subdivisions substantially
affected by the proposed flood project have participated in the process
of developing the proposed flood project, recognizing that providing
adequate notice and ample opportunity to any such eligible political
subdivision that elects not to participate further would fulfill this
requirement, provided evidence of notification is included in the
application;
(C) that the eligible political subdivisions, separately
or in cooperation, have held public meetings to accept comment on
proposed flood projects from interested parties; and
(D) that the technical requirements for the proposed
flood project have been completed and compared against any other potential
flood projects in the same area. This statement is not required for
applications for assistance for planning and design costs, permitting
costs, and other costs associated with state or federal regulatory
activities with respect to a flood project;
(3) an analysis of whether the proposed flood project
could use floodwater capture techniques for water supply purposes,
including floodwater harvesting, detention or retention basins, or
other methods of capturing storm flow or unappropriated flood flow;
(4) a description of the Project Watershed sealed by
a Professional Engineer or Professional Geoscientist. The Project
Watershed shall be estimated using the best available data with analysis
performed in accordance with sound engineering principles and practices.
Revisions to the Project Watershed may be necessary with additional
data, development of more refined modeling tools, refinement of design
criteria, or other factors. The applicant must provide the executive
administrator with updates of the description of the Project Watershed
as it is modified. If a revision to the Project Watershed results
in a portion of the project watershed being partially outside of the
political subdivision boundaries of the Applicant, the Applicant must
provide the executive administrator with additional memoranda of understanding
necessary to include all eligible political subdivisions located in
the project watershed; and
(5) additional information as needed to allow the board
to comply with its responsibility to act as a clearinghouse for information
about flood planning and its reporting requirements.
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