Nev. Admin. Code § 445A.762 - Approval of facility plan: Record of decision; provision of financial assistance

Current through March 28, 2022

1. After a final environmental impact statement has been issued, the Division shall prepare and issue a record of decision in conjunction with its approval of the facility plan. The record of decision must include an identification of mitigation measures derived from the environmental impact statement process.
2. Before approving a facility plan, the Division shall ensure that any mitigation measures identified in the record of decision will be implemented by the applicant. An applicant shall implement mitigation measures agreed upon during the environmental review process. The Division shall condition the agreement for financial assistance and discharge permit upon compliance by the applicant with agreed-upon mitigation measures.
3. After the record of decision is prepared on the selected or preferred alternative for the facility plan described in the environmental impact statement and the facility plan is approved, a commitment of financial assistance may be made without preparation of supplemental environmental impact statements, unless the Division determines that the project or the environmental conditions described within the current environmental impact statement have changed significantly.
4. In any case in which the environmental impact statement is 5 or more years old, the Division shall reevaluate the project, environmental conditions and public views, compare them with the information contained in the environmental impact statement and, before awarding financial assistance:
(a) Prepare, issue and distribute a finding of no significant impact, affirming its decision to proceed with the project, and documenting that no additional significant impacts were identified during the reevaluation which would require supplementing the environmental impact statement; or
(b) Conduct additional studies and prepare, issue and distribute a supplemental environmental impact statement and document to the original or any revised decision in an addendum to the record of decision.

Notes

Nev. Admin. Code § 445A.762
Added to NAC by Environmental Comm'n, eff. 9-19-90; A by R115-10, 1-13-2011-Substituted in revision for NAC 445.4213

NRS 445A.135, 445A.160

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