The triggers described in this section shall be used to determine whether coordination is required as provided by §2.205 of this subchapter (relating to Determining Need for TPWD Coordination).
- (1) The project is within the range of a state threatened or endangered species or SGCN as identified by the TPWD County list of Rare and Protected Species as it exists on the day the agreed-upon project scope is finalized under §2.44 of this chapter (relating to Project Scope) or if there is no project scope and for reevaluations, as it exists when TxDOT makes its determination regarding whether coordination is required, and there is suitable habitat, unless BMPs as defined in this MOU are implemented as provided by a programmatic agreement developed under §2.213 of this subchapter (relating to Programmatic Agreements).
- (2) The project may adversely impact important remnant vegetation based on the judgment of a qualified biologist or as mapped in the TXNDD.
- (3) The project requires a nationwide permit with pre-construction notification or an individual permit, issued by the United States Army Corps of Engineers.
(4) The project includes in the TxDOT right of way or conservation, construction, or drainage easement more than 200 linear feet of stream channel for each single and complete crossing of one or more of the following that is not already channelized or otherwise maintained:
- (A) channel realignment; or
- (B) stream bed or stream bank excavation, scraping, clearing, or other permanent disturbance.
- (5) The project contains known isolated wetlands outside existing TxDOT right of way that will be directly impacted by the project.
- (6) The project may impact at least 0.10 acre of riparian vegetation based on the judgment of a qualified biologist or as mapped in the EMST.
- (7) The project disturbs habitat in an area equal to or greater than the area of disturbance indicated in the Threshold Table Programmatic Agreement developed under §2.213 of this subchapter.
Source Note:The provisions of this §2.206 adopted to be effective September 1, 2013, 38 TexReg 3814.