1. (a) Purpose. This section applies to a project after it receives environmental approval when there are subsequent changes or when no major steps to advance the project occur for three years. The section also applies to an EIS project after approval of the DEIS.

2. (b) When required.

   1. (1) The district shall prepare a reevaluation for a project with an approved CE, FONSI, DEIS, FEIS, or ROD if one or more of the following occur after the date of the approval of the CE or the issuance of a FONSI or ROD or last major departmental approval:

      1. (A) a period of three years has passed without major steps to advance the project, such as authority to undertake final design or acquire significant portions of right of way or approval of the plans, specifications, and estimates (PS&E);
      2. (B) there are changes in the project (e.g., right-of-way requirements, design changes, etc.); or
      3. (C) there have been regulatory changes (e.g., new threatened or endangered species listed, new executive orders issued, etc.) or changes in the surrounding land use or environment.
   2. (2) If the district has not submitted an acceptable FEIS to the environmental division within three years from the date of circulation of the DEIS, the district shall prepare a reevaluation that determines whether a supplement to the DEIS is required.

3. (c) Preparation of reevaluation.

   1. (1) A reevaluation shall cover the original limits of the project as presented in the prior approval of the CE or issuance of a FONSI or ROD or last major departmental approval.

   2. (2) If the reevaluation shows the changes substantially change the scope of the project or extend the limits of the project, the district shall conduct additional environmental studies and public involvement.

      1. (A) For a project determined to be a CE or for which a FONSI was issued, the reevaluation shall either confirm the CE designation, confirm the FONSI designation, or identify changes or impacts that will require the department to conduct additional environmental studies and public involvement.
      2. (B) For a project for which a ROD was issued, a reevaluation shall confirm the findings in the ROD or determine that a supplemental environmental impact statement (SEIS) shall be required.
4. (d) Review. The environmental division may require that the reevaluation be coordinated with resource agencies.
5. (e) Bypass reevaluation. The district in consultation with the environmental division may determine to conduct additional environmental studies and public involvement and bypass the preparation of a reevaluation.
6. (f) Notice of continuous activity. If the district has not prepared a reevaluation for a project, then every three years after the date of the approval of the CE or the issuance of a FONSI or ROD for the project, the district shall submit to the environmental division for review and approval a notice of continuous activity. The notice shall discuss the activities that have occurred, and analyze the factors in subsections (b)(1)(B) and (C) of this section.

Source Note:The provisions of this §2.13 adopted to be effective January 4, 2007, 31 TexReg 10817.