Idaho Admin. Code r. 58.01.22.040 - ENVIRONMENTAL REVIEW

01. Environmental Documentation. The grant recipient may complete an environmental review as part of and in conjunction with a planning document. Guidance on how to complete an environmental review may be found in the Handbook. If the grant recipient prepares an environmental review, then the Department will be consulted at an early stage in the preparation of the planning document to determine the required level of environmental review. Based on review of existing information and assessment of environmental impacts, the grant recipient may complete at least one (1) of the following: (3-31-22)
a. Submit a request for Categorical Exclusion (CE) with supporting backup documentation as specified by the Department; (3-31-22)
b. Prepare an Environmental Information Document (EID) in a format specified by the Department; or (3-31-22)
c. Prepare an Environmental Impact Statement (EIS) in a format specified by the Department. (3-31-22)
02. Categorical Exclusions. If the grant recipient requests a CE, the Department will review the request and, based upon the supporting documentation, take one (1) of the following actions: (3-31-22)
a. Determine if an action is consistent with categories eligible for exclusion whereupon the Department will issue a notice of CE from further substantive environmental review. Once the CE is granted for the selected alternative, the Department will publish a notice of CE in a local newspaper, following which the planning document can be approved; or (3-31-22)
b. Determine if an action is not consistent with categories eligible for exclusion and that issuance of a CE is not appropriate. If issuance of a CE is not appropriate, the Department will notify the grant recipient of the need to prepare an EID. (3-31-22)
03. Environmental Information Document Requirements. When an EID is required, the grant recipient shall prepare the EID in accordance with the following Department procedures: (3-31-22)
a. Various laws and executive orders related to environmentally sensitive resources shall be considered as the EID is prepared. Appropriate state and federal agencies shall be consulted regarding these laws and executive orders. (3-31-22)
b. A full range of relevant impacts, both direct and indirect, of the proposed project shall be discussed in the EID, including measures to mitigate adverse impacts, cumulative impacts, and impacts that shall cause irreversible or irretrievable commitment of resources. (3-31-22)
c. The Department will review the draft EID and either request additional information about one (1) or more potential impacts, or will draft a "finding of no significant impact" (FONSI). (3-31-22)
04. Final Finding of No Significant Impact. The Department will publish the draft FONSI in a newspaper of general circulation in the geographical area of the proposed project and shall allow a minimum thirty (30) day public comment period. Following the required period of public review and comment, and after any public concerns about project impacts are addressed, the FONSI shall become final. The Department will assess the effectiveness and feasibility of the mitigation measures identified in the FONSI and EID prior to the issuance of the final FONSI and approval of the planning document. (3-31-22)
05. Environmental Impact Statement (EIS) Requirements. If an EIS is required, the grant recipient shall: (3-31-22)
a. Contact all affected state agencies, and other interested parties, to determine the required scope of the document; (3-31-22)
b. Prepare and submit a draft EIS to all interested agencies, and other interested parties, for review and comment; (3-31-22)
c. Conduct a public meeting which may be held in conjunction with a planning document meeting; and (3-31-22)
d. Prepare and submit a final EIS incorporating all agency and public input for Department review and approval. (3-31-22)
06. Final EIS. Upon completion of the EIS by the grant recipient and approval by the Department of all requirements listed in Subsection 040.05, the Department will issue a record of decision, documenting the mitigative measures to be required of the grant recipient. The planning document can be completed once the final EIS has been approved by the Department. (3-31-22)
07. Use of Environmental Reviews Conducted by Other Agencies. If an environmental review for the project has been conducted by another state, federal, or local agency, the Department may, at its discretion, issue its own determination by adopting the document and public notification process of the other agency. (3-31-22)
08. Validity of Review. Environmental reviews, once completed by the Department, are valid for five (5) years from the date of completion. If a grant application is received for a project with an environmental review which is more than five (5) years old, the Department will reevaluate the project, environmental conditions, and public comments and will: (3-31-22)
a. Reaffirm the earlier decision; or (3-31-22)
b. 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 issue and distribute a revised notice of Categorical Exclusion, finding of no significant impact, or record of decision. (3-31-22)

Notes

Idaho Admin. Code r. 58.01.22.040

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.


No prior version found.