1. (a) Applicant requirements. An Applicant shall prepare an Environmental Information Document (EID) in consultation with the executive administrator when a project is not eligible for a CE, FONSI or when an Environmental Impact Statement (EIS) may be required. 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. (1) the project is eligible for a CE or requires the preparation of an EIS; or
   2. (2) the Applicant prepares and submits a draft EIS and supporting documents.
2. (b) Coordination. The Applicant shall coordinate the preparation of the EID as well as consultations with appropriate federal agencies, state and local governments, Indian tribes and other potentially affected parties with the executive administrator. The Applicant must also notify the executive administrator regarding any private entities or organizations affected by the proposed project.

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

   1. (1) a description of the project;
   2. (2) the need for the proposed project;
   3. (3) the alternatives to the project, including the no action alternative;
   4. (4) the affected environment, including baseline conditions that may be impacted by the proposed project and the alternatives;
   5. (5) the environmental impacts of the proposed action and alternatives, including unresolved conflicts concerning alternative uses of available resources;
   6. (6) potential impact on resources protected by the federal environmental "cross-cutter" statutes, regulations and executive orders;
   7. (7) proposed mitigation measures supporting the issuance of a FONSI or a Record of Decision;
   8. (8) documentation showing that the requisite public participation requirements have been satisfied; and
   9. (9) any other information required by the executive administrator.

Source Note:The provisions of this §375.64 adopted to be effective September 8, 2010, 35 TexReg 8126.