1. (a) Notice of Intent (NOI).

   1. (1) An NOI will be published before the preparation of an EIS or supplemental EIS.

   2. (2) The NOI must:

      1. (A) briefly describe the project and possible alternatives;
      2. (B) describe the proposed scoping process including whether, when, and where any scoping meeting will be held or if scoping meetings have not yet been scheduled, indicate that they will be scheduled at a future date and that separate newspaper notice of the meetings will be published, state that a scoping meeting provides an opportunity for participating agencies and the public to be involved in defining the purpose and need for the proposed project, and to assist in determining the range of alternatives for consideration in the DEIS;
      3. (C) give a proposed schedule for completion of the environmental review process, if available; and
      4. (D) give the name and address of the designated department employee who can answer questions about the project and the EIS.
   3. (3) The project sponsor will prepare a draft NOI. If the department delegate approves the NOI, the department delegate will submit it for publication in the Texas Register. The project sponsor will publish the NOI, at a minimum, in local newspapers having general circulation in the area affected by the project. If there is no local newspaper in the area affected by the project, the project sponsor will publish the NOI in any newspaper having general circulation in the area affected by the project.

2. (b) Coordination plan.

   1. (1) A coordination plan is a plan for coordinating public and agency participation in and comment on the environmental review process. After publication of the NOI, the project sponsor will prepare a coordination plan.

   2. (2) A coordination plan is intended to involve, through scoping meetings, the participating agencies and the public in the early stages of development of an EIS, and is distinct from the process for preparation of the project scope prepared by a project sponsor and department delegate under §2.44 of this chapter (relating to Project Scope). Except as provided in paragraph (4) of this subsection, a coordination plan must:

      1. (A) identify the participating agencies;

      2. (B) provide for an initial public scoping meeting that addresses:

         1. (i) a draft purpose and need statement, together with backup materials and a request for comments on it;
         2. (ii) a draft coordination plan for the entire environmental review process, and a request for comments on it;
         3. (iii) the range of alternatives, and the known or potential significant impacts;
         4. (iv) a proposed method of alternatives analysis specifying the level of detail for each alternative proposed by the project sponsor, and a request for comments;
         5. (v) information for issue identification and resolution, including information regarding the environmental and socioeconomic resources located within the project area and the general locations of the alternatives under consideration; and
         6. (vi) identification of the potential participating agencies;

      3. (C) provide for a second public scoping meeting that addresses:

         1. (i) the approved coordination plan;
         2. (ii) the range of alternatives based on the approved purpose and need; and
         3. (iii) the method and level of detail used for the alternatives analysis, after taking into consideration input given during the initial public scoping meeting;
      4. (D) provide a deadline for comment on the DEIS, which may not be earlier than the 45th day after the day that the DEIS becomes available.

   3. (3) A coordination plan may include a schedule for completion of the environmental review process for the project. In establishing the schedule, the project sponsor will consider:

      1. (A) the responsibilities of participating agencies under applicable laws;
      2. (B) resources available to participating agencies;
      3. (C) overall size and complexity of the project;
      4. (D) the overall schedule for and cost of the project; and
      5. (E) the sensitivity of the natural and historic resources that could be affected by the project.
   4. (4) Scoping meetings are not required for a supplemental EIS.

   5. (5) The project sponsor must obtain the approval of a coordination plan in accordance with this paragraph.

      1. (A) The project sponsor will submit the draft coordination plan to the department delegate for approval before the initial public scoping meeting.
      2. (B) The project sponsor will circulate the approved draft coordination plan to the agencies identified in the coordination plan and invite them to be participating agencies during the environmental review process, to comment on the draft coordination plan, and to comment on a proposed schedule for the completion of the environmental process if one is available. The project sponsor will consider comments by the agencies concerning purpose and need, the range of alternatives, the method of alternatives analysis and level of detail, and the schedule for completing the environmental review process if available. The project sponsor will circulate the approved draft coordination plan to the public under subsection (e) of this section. The project sponsor will consider comments by the public concerning purpose and need and the range of alternatives. The project sponsor will allow not less than 30 days for comment on the draft coordination plan and schedule. For an EIS the deadline will be after the date of the initial scoping meeting and before the date of the second scoping meeting. After the comment period, the project sponsor will submit the coordination plan to the department delegate for approval.
   6. (6) The project sponsor will give a copy of the approved coordination plan and any approved schedule for completion of the environmental review process to the participating agencies and will make it available to the public.

   7. (7) A deadline for comment by agencies and the public established in a coordination plan may be changed in accordance with this paragraph.

      1. (A) A deadline may be extended for good cause. The good cause must be documented in the project file.
      2. (B) The project sponsor must obtain the concurrence of participating agencies to shorten a deadline, and their concurrence must be documented in the project file.
3. (c) Public meeting. The project sponsor will hold at least one public meeting under §2.107 of this subchapter (relating to Public Meeting).

4. (d) Notice of availability of DEIS. Notice of availability of the DEIS will be made under this subsection after the DEIS is approved under §2.84(d) of this chapter (relating to Environmental Impact Statements).

   1. (1) The department delegate will publish in the Texas Register a notice of availability that describes a circulation and comment period of not less than 45 days and that specifies where comments may be sent.

   2. (2) The project sponsor will:

      1. (A) transmit the DEIS directly to participating agencies;
      2. (B) coordinate directly with participating agencies in accordance with memoranda of understanding under Subchapter B of this chapter (relating to Memoranda of Understanding with Natural Resource Agencies), memoranda of agreement, or other formal and informal agreements with those entities;
      3. (C) publish in local newspapers a notice of availability that describes a circulation and comment period of not less than 45 days and that specifies where comments may be sent, unless there is no local newspaper in the area affected by the project, in which event the project sponsor will publish the notice of availability in a newspaper having general circulation in the area affected by the project; and
      4. (D) coordinate directly with local agencies, including the appropriate metropolitan planning organization.
5. (e) Circulation of draft coordination plan, DEIS, and FEIS. This subsection applies to the circulation of the draft coordination plan that is approved under this section, and to the circulation of the DEIS and FEIS if the respective documents are approved under §2.84 of this chapter. The project sponsor will prepare an initial printing of the document in sufficient quantity to meet the request for copies that can be reasonably expected from agencies, organizations, and individuals. Copies will be provided upon request. The project sponsor will place copies of a draft coordination plan or DEIS in appropriate designated public locations, such as local government offices, libraries, or other public institutions. The project sponsor will transmit the FEIS to a person, organization, or agency that made substantive comments on the DEIS or that requests a copy. The project sponsor will give the document to the participating agencies. The project sponsor may charge a fee not to exceed the cost of reproduction. For a lengthy document, the project sponsor or department delegate may provide alternative circulation processes, including the circulation of a summary.
6. (f) Public hearing concerning DEIS. After a DEIS is approved under §2.84(d) of this chapter, the project sponsor will hold a public hearing under §2.109 of this subchapter (relating to Public Hearing) on the DEIS. The project sponsor will make the DEIS available at a designated location for the general public at least 45 days before the date of the public hearing.

7. (g) Notice of availability of FEIS. Notice of availability will be made under this subsection after the FEIS is approved under §2.84 of this chapter.

   1. (1) The department delegate will publish notice of availability of the FEIS in the Texas Register. The project sponsor will provide, at a minimum, notice of availability of the FEIS to the metropolitan planning organization, publish the notice in a local newspaper having general circulation in the area affected by the project, and provide the notice to the local media through press release. If there is no local newspaper in the area affected by the project, the project sponsor will publish the notice in a newspaper having general circulation in the area affected by the project. The notice will:

      1. (A) include information on obtaining copies; and
      2. (B) state that the public will have not less than 30 days after the date of the publication of the notice in the Texas Register to submit comments, and explain how the public may submit comments.
   2. (2) The project sponsor will coordinate directly with other governmental entities in accordance with memoranda of understanding under Subchapter B of this chapter, memoranda of agreement, or other formal and informal agreements with those entities.
8. (h) Notice of ROD. The department delegate will publish notice of the ROD in the Texas Register. The project sponsor will, at a minimum, publish a notice of availability of the ROD in local newspapers. If there is no local newspaper in the area affected by the project, the project sponsor will publish notice of the ROD in a newspaper having general circulation in the area affected by the project.

9. (i) Public comments. The project sponsor will document the number of positive, negative, or neutral public comments received regarding the project as expressed by the public through the public participation process. Based on documentation submitted by the project sponsor, the department delegate will:

   1. (1) present the information to the commission in an open meeting; and
   2. (2) report the information on the department's website in a timely manner.
10. (j) After completion of public participation. Changes to the project may require additional public participation under §2.104 of this subchapter (relating to Additional Public Participation for Projects Affected by Significant Changes).

Source Note:The provisions of this §2.103 adopted to be effective April 16, 2012, 37 TexReg 1727.