18 AAC 76.235 - Environmental review
(a) An applicant for financial assistance
from the Alaska drinking water fund shall consult with the department during
project planning to determine the required level of environmental review for
the project. The department will notify the applicant of the type of
environmental documentation that will be required, if any. If required by the
department, the applicant shall
(1) submit a
request for categorical exclusion, with supporting documentation as specified
by the department;
(2) prepare an
environmental information document in a format specified by the department;
or
(3) prepare an environmental
impact statement in a format specified by the department.
(b) If an applicant requests a categorical
exclusion, the department will review the request and, based upon documentation
submitted by the applicant, the department will notify the applicant that
(1) the project qualifies for a categorical
exclusion;
(2) the applicant must
prepare an environmental information document; or
(3) the applicant must prepare an
environmental impact statement.
(c) If an environmental information document
is required, the department will
(1) conduct
an environmental assessment based upon the applicant's environmental
information document and issue
(A) a draft
Finding of No Significant Impact; or
(B) a notice to prepare an environmental
impact statement; and
(2) provide a 30-day public comment period
after public notice, and
(A) if significant
negative impacts are identified, reassess the project to determine whether an
environmental impact statement will be required; or
(B) if no new information is received during
the public comment period that would require a reassessment, issue a final
Finding of No Significant Impact.
(d) If an environmental impact statement is
required, the applicant shall
(1) contact all
affected state agencies to determine the required scope of the
document;
(2) prepare and submit a
draft environmental impact statement to all affected state agencies for review
and comment;
(3) conduct a public
hearing; and
(4) prepare and submit
a final environmental impact statement, incorporating all state agency and
public comments, for department review and approval.
(e) After completion by the applicant, and
approval by the department, of all requirements of (d) of this section, the
department will issue a Record of Decision documenting the mitigation measures
to be required of the applicant. The applicant's financial assistance agreement
will be conditioned upon those mitigation measures.
(f) If a federal environmental review of the
project has been conducted, the department will, in its discretion, adopt all
or part of the federal agency's documentation.
(g) An environmental determination under this
section is valid for five years. If a financial assistance application is
received for a project with an environmental determination more than five years
old, or if conditions have changed significantly since the last determination,
the department will reevaluate the project, environmental conditions, and
public views and will
(1) reaffirm the earlier
decision; or
(2) require
supplemental information to the earlier environmental impact statement,
environmental information document, or request for categorical exclusion; based
upon a review of the updated document, the department will
(A) issue and distribute a revised notice of
categorical exclusion, Finding of No Significant Impact, or Record of Decision;
or
(B) reaffirm its earlier
decision.
Notes
Authority:AS 46.03.020
AS 46.03.036
AS 46.03.720
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