Fla. Admin. Code Ann. R. 62-552.680 - Environmental Review
(1) General.
(a) The Department shall perform an
environmental review for each project to be funded. The environmental review
shall evaluate the environmental significance of a proposed project and whether
the planning of the project meets the requirements of this chapter. The results
of the Department's environmental review for each project shall be issued as an
environmental information document which shall be valid for five (5) years from
the date of issue, after such time, the document is no longer valid unless a
Florida Reaffirmation Notice, pursuant to subsection 62-552.680(5), F.A.C., is
written by the Department. The different environmental information documents
are described in subsections (2) through (5), below. A notice of availability
of an environmental information document shall be published in the Florida
Administrative Register to announce the results of the Department's
environmental review. The notice of availability shall include instructions
about the procedures for accessing the project information and the Department's
findings. The Department shall provide a thirty (30) day period commencing as
of the date of the notice of availability for public comment about the
environmental impacts of proposed projects. Written comments from the public
shall be considered by the Department before approving a project for funding if
postmarked or delivered within the thirty (30) day comment period to the
Department.
(b) The project sponsor
shall document cultural, historical, archaeological, and biological aspects of
a project during the planning process. Conditions shall be placed on a
financial assistance loan agreement to enhance the compatibility of the project
with the existing environment when such conditions will satisfy environmentally
based objections to the project.
(c) Review procedures, identical to those
described in this subsection, shall be used when the Department amends an
environmental information document to announce project changes that have
potentially significant environmental impacts.
(2) Florida Categorical Exclusion Notice
(FCEN). The Department shall issue a FCEN for certain projects that are not
expected to generate controversy over potential environmental effects. A FCEN
shall not be used when there are documented environmental objections to a
project before the local governmental agency adopted the planning
recommendations provided that such objections have a basis in statute,
regulation, or ordinance.
(a) In issuing a
FCEN, the Department shall:
1. Briefly
describe the project, the justification for the categorical exclusion, and the
proposed loan funding.
2. Conclude
the environmental review only after the 30-day public comment period, under
subsection (1), above, has expired and:
a. No
information is received about adverse environmental impacts,
b. Information is received about adverse
environmental impacts and the objections either are without a basis in statute,
regulation, or ordinance or the objections are resolved, or
c. Information is received about adverse
environmental impacts, the FCEN is rescinded, and an environmental review is
undertaken according to subsection (3) or (4), below.
(b) Projects potentially eligible
for categorical exclusion are:
1.
Rehabilitation of existing facilities or replacement of existing structures,
wells, waterlines, or equipment,
2.
Facilities for the disinfection of public water supplies,
3. Facilities that will not result in more
than a 50% increase of existing public water system capacity and there is no
acquisition of land other than easements and rights-of-way where streets have
been established, underground utilities installed, building sites excavated, or
where such lands have otherwise been disturbed from a natural
condition,
4. Back-up supply wells
where, after disinfection, existing water quality meets drinking water
standards and there is no acquisition of land; and,
5. Facilities that will result solely in the
provision of adequate public water system pressure.
(3) Florida Finding of No
Significant Impact (FFONSI). The Department shall issue a FFONSI when a project
sponsor proposes a project not categorically excluded from a detailed
environmental review and not requiring a Florida Environmental Impact
Statement. In issuing a FFONSI, the Department shall:
(a) Record the basis for the decision to
provide financial assistance for the project, addressing:
1. The environmental consequences of the
project,
2. The purpose and the
need for the project,
3. The
alternatives, including no action, and the cost considerations for the
project,
4. Any environmental
enhancement measures to be implemented,
5. The public participation
process,
6. The results, if
available, of the State Clearinghouse Review; and,
7. Compliance with relevant rules of the
Department.
(b) Consider
public comments about environmental impacts of a project if the comments are
received within 30 days after the date of posting of the notice of
availability.
(c) Conclude the
environmental review for the project only after the 30-day comment period has
expired, and:
1. No information is received
about previously unconsidered adverse environmental impacts; and,
2. Information is received about previously
unconsidered adverse environmental impacts and one of the following occurs:
a. The objections are either without a basis
in statute, regulation, or ordinance or the objections are resolved,
b. A re-evaluation of the project is made as
a result of the comments and the Department confirms the original decision or
requires environmental enhancement measures before implementing the project,
or
c. The FFONSI is
rescinded.
(4) Florida Environmental Impact Statement
(FEIS). A FEIS and a Florida Record of Decision (FROD), as required in 40 CFR
Part 35 Subparts K & L, shall be used for a project for which there is an
adverse direct or indirect impact on land use and population patterns, the
quality of the environment, cultural or environmental resource areas, or the
habitats of endangered or threatened species. A FEIS and FROD also shall be
used when there is unresolved public controversy over the environmental impacts
of a project provided that the objections to the project have a basis in
statute, regulation, or ordinance. A FEIS shall be prepared by the Department
or, at the direction of the Department and in accordance with the Consultants'
Competitive Negotiation Act, Section
287.055,
F.S., by others with no conflicting interest in the outcome. In completing the
environmental review, the Department shall:
(a) Issue a notice of intent to prepare a
FEIS for the project;
(b) Develop a
plan of study and convene a meeting of government, including EPA, and other
interested parties to determine the scope of the FEIS;
(c) Identify and evaluate project
alternatives;
(d) Provide for
public participation and review by federal and state environmental regulatory
agencies;
(e) Ensure that adverse
impacts of the project are minimized or eliminated;
(f) Document the findings of the
environmental review using both the FROD and FEIS;
(g) Announce the funding eligibilities using
a FROD and consider public comments about environmental impacts if received
during the thirty (30) day period beginning on the date of posting of the
notice of availability in the Florida Administrative Register;
and,
(h) Conclude the environmental
review only after a 30-day public comment period has expired without receipt of
comments about adverse environmental impacts or if, after receipt of such
comments, the Department takes action to:
1.
Confirm the original decision,
2.
Require additional analysis and environmental enhancement as a condition of
confirmation of the original decision, or
3. Rescind the original decision.
(5) Florida
Reaffirmation Notice (FRAN). A FRAN shall be used to establish the Department's
continuing intention to make funds available for unimplemented projects, the
planning for which was previously documented as accepted by the Department in a
FCEN, FFONSI, FROD, or analogous documents issued by EPA, or amendments to any
of the foregoing that are no longer valid after five (5) years have elapsed
since issuance. In issuing a FRAN, the Department shall:
(a) State the findings being
reaffirmed.
(b) Consider public
comments about changed conditions altering the environmental impacts since the
previous FCEN, FFONSI, FROD, or analogous documents issued by EPA, or
amendments to any of the foregoing. Comments shall be considered if received
during the thirty (30) day period beginning on the date of posting of the
notice of availability of the FRAN in the Florida Administrative
Register.
(c) Conclude the
environmental review only after the public comment period has expired, and:
1. No information is received about changed
conditions resulting in adverse environmental impacts; and,
2. Information is received about changed
conditions resulting in adverse environmental impacts and one of the following
occurs:
a. The objections are
resolved,
b. A re-evaluation of the
project is made as a result of the comments and the Department confirms the
original decision or requires environmental enhancement measures before
implementing the project, or
c. The
FRAN is rescinded.
(6) State Clearinghouse. Project planning
documentation shall be submitted to the state clearinghouse for review in
acordance with Section
403.061(42),
F.S. All comments resulting from this review shall be addressed by the
Department prior to its approval of the planning documentation. Projects that
meet FCEN criteria, as given in paragraph 62-552.680(2)(b), F.A.C., above,
shall be exempt from a planning document review by the State
Clearinghouse.
(7) Project Revision
Memoranda (PRM). For a project that requires modifications to the selected
alternative that does not alter its environmental effects, a PRM shall be
written by the Department to document the changes.
Notes
Rulemaking Authority 403.8532 FS. Law Implemented 403.8532 FS.
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