|(a) For projects requiring an EA or EIS, TxDOT will
contact TPWD when TxDOT has completed its analysis of potential impacts
to fish, wildlife, and other natural resources. To facilitate collaborative
review, TxDOT will provide access to TxDOT's Environmental Compliance
Oversight System (ECOS).
(b) TxDOT will post on the Environmental Compliance
Toolkit webpage the set of BMPs as recommended by TPWD. This set of
BMPs is non-project specific. The application of specific BMPs to
individual projects will be determined by TxDOT at its discretion.
(c) TxDOT will indicate in the draft EA or draft EIS
the TPWD-recommended BMPs that will be applied to the project. TxDOT
may also include information shared by TPWD during collaborative review.
(d) To ensure TxDOT will benefit from any recommendations
or information provided by TPWD early in the environmental review
process, TxDOT will follow the procedure indicated below.
(1) At or around the same time that a draft EA or draft
EIS is made available for public review, but no less than 45 days
before the issuance of an environmental decision, TxDOT will email
the notice of availability of the document required by §2.108
of this chapter (relating to Notice of Availability) to TPWD at the
following email address: WHAB_TxDOT@tpwd.texas.gov or the email account
designated by TPWD.
(2) The email communication described in subsection
(1) will serve as the "request for comments" in Parks and Wildlife
(3) To facilitate review of a draft EA or EIS, TxDOT
will provide access to TxDOT's ECOS.
(e) If TPWD has any information or recommendations
to conserve fish and wildlife species and other natural resources
it wishes to provide to TxDOT in response to a request for comments,
TPWD will provide them in writing to TxDOT within 45 days of the date
on which TxDOT submitted the request for comments by email.
(f) If TPWD provides any recommendations or information
regarding fish and wildlife to TxDOT after the 45-day deadline specified
in subsection (e) of this section, then TxDOT will consider such recommendations
or information to the extent practicable.
(g) TxDOT will respond as outlined in Parks and Wildlife
(h) Electronic communication will be used to the maximum