§ 1319.40. Actions that will affect floodplains or wetlands.
202 words·~1 min read·
/us/cfr/t18/s§ 1319.40·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)When a proposed action can otherwise be categorically excluded under § 1318.200, no additional floodplain or wetland evaluation is required if:
(1)TVA determines that there is no practicable alternative that will avoid affecting floodplains or wetlands and that all practicable measures to minimize impacts of the proposed action to floodplains or wetlands are incorporated and
(2)The TVA staff with expertise in floodplain or wetland impact evaluations determines that impacts on the floodplain or wetland would be minor.
(b)If the action requires an EA or an EIS, the evaluation must consider:
(1)The effect of the proposed action on natural and beneficial floodplain and wetland values and
(2)Alternatives to the proposed action that would eliminate or minimize such effects.
(c)TVA must determine if there is no practicable alternative to siting in a floodplain or constructing in a wetland. If a determination of no practicable alternative is made, all practicable measures to minimize impacts of the proposed action on the floodplain or wetland must be implemented. If at any time prior to commencement of the action it is determined that there is a practicable alternative that will avoid affecting floodplains or wetlands, the proposed action must not proceed.