1. (a) TxDOT will perform a Tier I site assessment for all projects subject to this subchapter.

   1. (1) A Tier I site assessment is used to determine impacts and the need for coordination with TPWD. The Tier I site assessment will define the type and amount of habitat impacted using information from TCAP, EMST, TXNDD, county lists of Rare and Protected Species of Texas maintained by TPWD; county lists of endangered, threatened, and candidate species maintained by the U.S. Fish and Wildlife Service; and the most current aerial photography available. The results of a Tier 1 assessment will be recorded in the Texas ECOS project file.
   2. (2) TxDOT will compare the results of a Tier I site assessment to the triggers in §2.206 of this subchapter (relating to Coordination Triggers) and thresholds found in the Threshold Table Programmatic Agreement developed under §2.213 of this subchapter (relating to Programmatic Agreements) to determine the need for coordination with TPWD.
   3. (3) Tier I site assessments may require a field visit by a TxDOT qualified biologist to resolve the level of impact and, therefore, the requirement to coordinate a project with TPWD.

2. (b) TxDOT will coordinate with TPWD under §2.207 of this subchapter (relating to Early Project Coordination) or §2.208 of this subchapter (relating to Administrated Project Coordination) concerning a proposed transportation project if a trigger under §2.206 is met or a threshold found in the Threshold Table Programmatic Agreement developed under §2.213 is exceeded, and one of the following conditions is also met:

   1. (1) the project has not previously completed coordination;
   2. (2) the project has been previously reviewed by TPWD but is the subject of a reevaluation or revision and the scope of the reevaluation or revision relates to an issue on which TPWD commented; or
   3. (3) the project has been previously reviewed by TPWD but is the subject of a reevaluation or revision and the change proposed in the reevaluation or revision, considered as a stand-alone transportation project, is a substantial change to the project from the previous coordination.
3. (c) For the purposes of subsection (b) of this section, a change is substantial if it is equal to or greater than at least one of the factors listed in §2.206 of this subchapter, or the proposed new impacts would be greater than had previously been coordinated or now exceed a threshold found in the Threshold Table Programmatic Agreement developed under §2.213 of this subchapter. These changes can include, but are not limited to, increased impacts to fish and wildlife resources or rare vegetation series identified in the TCAP, changes in the status of such resources since the previous coordination, or the identification of a new TXNDD record or records of rare or protected species or managed areas that may be impacted and that are different than those identified when coordination was previously conducted.
4. (d) No coordination under this MOU is required for a project that is not described by subsection (b) of this section.

Source Note:The provisions of this §2.205 adopted to be effective September 1, 2013, 38 TexReg 3814.