Current through Register Vol. 18, September 20, 2024
(1) The agency shall prepare an EA,
regardless of its length or the depth of analysis, in a manner which utilizes
an interdisciplinary approach. The agency may initiate a process to determine
the scope of issues to be addressed in an EA. Whenever the agency elects to
initiate this process, it shall follow the procedures contained in ARM
12.2.434.
(2) For a routine action with limited
environmental impact, the contents of an EA may be reflected on a standard
checklist format. At the other extreme, whenever an action is one that might
normally require an EIS, but effects that otherwise might be deemed significant
are mitigated in project design or by controls imposed by the agency, the
analysis, format, and content must all be more substantial. The agency shall
prepare the evaluations and present the information described in section (3) as
applicable and in a level of detail appropriate to the following
considerations:
(a) the complexity of the
proposed action;
(b) the
environmental sensitivity of the area affected by the proposed
action;
(c) the degree of
uncertainty that the proposed action will have a significant impact on the
quality of the human environment;
(d) the need for and complexity of mitigation
required to avoid the presence of significant impacts.
(3) To the degree required in (2) above, an
EA must include:
(a) a description of the
proposed action, including maps and graphs;
(b) a description of the benefits and purpose
of the proposed action. If the agency prepares a cost/benefit analysis before
completion of the EA, the EA must contain the cost/benefit analysis or a
reference to it;
(c) a listing of
any state, local, or federal agencies that have overlapping or additional
jurisdiction or environmental review responsibility for the proposed action and
the permits, licenses, and other authorizations required;
(d) an evaluation of the impacts, including
cumulative and secondary impacts, on the physical environment. This evaluation
may take the form of an environmental checklist and/or, as appropriate, a
narrative containing more detailed analysis of topics and impacts that are
potentially significant, including, where appropriate: terrestrial and aquatic
life and habitats; water quality, quantity, and distribution; geology; soil
quality, stability, and moisture; vegetation cover, quantity and quality;
aesthetics; air quality; unique, endangered, fragile, or limited environmental
resources; historical and archaeological sites; and demands on environmental
resources of land, water, air and energy;
(e) an evaluation of the impacts, including
cumulative and secondary impacts, on the human population in the area to be
affected by the proposed action. This evaluation may take the form of an
environmental checklist and/or, as appropriate, a narrative containing more
detailed analysis of topics and impacts that are potentially significant,
including where appropriate, social structures and mores; cultural uniqueness
and diversity; access to and quality of recreational and wilderness activities;
local and state tax base and tax revenues; agricultural or industrial
production; human health; quantity and distribution of employment; distribution
and density of population and housing; demands for government services;
industrial and commercial activity; locally adopted environmental plans and
goals; and other appropriate social and economic circumstances;
(f) a description and analysis of reasonable
alternatives to a proposed action whenever alternatives are reasonably
available and prudent to consider and a discussion of how the alternative would
be implemented;
(g) a listing and
appropriate evaluation of mitigation, stipulations, and other controls
enforceable by the agency or another government agency:
(h) a listing of other agencies or groups
that have been contacted or have contributed information:
(i) the names of persons responsible for
preparation of the EA; and
(j) a
finding on the need for an EIS and, if appropriate, an explanation of the
reasons for preparing the EA. If an EIS is not required, the EA must describe
the reasons the EA is an appropriate level of analysis.
Sec.
2-3-103,
2-4-201, MCA; IMP, Sec.
2-3-104,
75-1-201,
MCA;
