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
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No prior version found.