Section 371.43 - Applicant Requirements: Categorical Exclusions(a) Projects that qualify to be categorically excluded from a full environmental review fit into a category of actions, identified by the EPA, that do not individually or cumulatively have a significant effect on the human environment and do not involve extraordinary circumstances. This determination is based upon the criteria established in § 371.42 of this subchapter (relating to Board's Environmental Finding: Categorical Exclusions).(b) An Applicant shall submit sufficient information to demonstrate why the project is eligible for a CE including, but not limited to, the following documentation: (1) a brief but complete description of the project;(2) plan maps or maps of the project depicting the location of all construction areas, the planning area boundaries, and any known environmentally important natural areas;(3) information regarding the eligibility of the project for a CE under the criteria listed in § 371.42 of this subchapter;(4) any information that may be helpful to determine whether any extraordinary circumstances, as listed in § 371.42 of this subchapter, apply to the project; and(5) any information that may be helpful to determine if mitigation measures are required to ensure the project will not individually or cumulatively have a significant adverse impact on the human environment. This includes, but is not limited to, coordination with applicable regulatory agencies regarding resources within their jurisdiction that may be adversely impacted by the project.31 Tex. Admin. Code § 371.43
The provisions of this §371.43 adopted to be effective August 4, 2010, 35 TexReg 6680; Amended by Texas Register, Volume 41, Number 27, July 1, 2016, TexReg 4851, eff. 7/4/2016