|(a) TxDOT will coordinate with TPWD on federal and
state transportation projects that require an EA or EIS.
(b) TxDOT may coordinate other projects that do not
require an EA or EIS with TPWD at TxDOT's discretion.
(c) If TxDOT prepares a reevaluation for a transportation
project that was previously coordinated with TPWD under the 2013 MOU,
TxDOT will coordinate the reevaluation with TPWD when any of the following
(1) New impacts not included in previous coordination
or increase in impacts from previous coordination to terrestrial and
aquatic state-listed species or their habitat as determined by a qualified
biologist or rare plant communities with a record in the TXNDD or
any state rank or rank range that includes a 1, 2, or 3.
(2) New or increased impacts to riparian habitat or
(3) Change to commitments made during previous coordination,
(4) Reevaluations of CE level projects with new or
increased impacts may be re-coordinated at TxDOT's discretion.
(d) This subchapter does not apply to individual maintenance
projects for which a programmatic environmental review is conducted
under §2.133 of this chapter (relating to Maintenance Projects