Current through Register Vol. 6, March 22, 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
32.2.227.
(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 (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:
(i) terrestrial and aquatic life and
habitats;
(ii) water quality,
quantity, and distribution;
(iii)
geology;
(iv) soil quality,
stability, and moisture;
(v)
vegetation cover, quantity and quality;
(vi) aesthetics;
(vii) air quality;
(viii) unique, endangered, fragile, or
limited environmental resources;
(ix) historical and archaeological sites;
and
(x) 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:
(i) social
structures and mores;
(ii) cultural
uniqueness and diversity;
(iii)
access to and quality of recreational and wilderness activities;
(iv) local and state tax base and tax
revenues;
(v) agricultural or
industrial production;
(vi) human
health;
(vii) quantity and
distribution of employment;
(viii)
distribution and density of population and housing;
(ix) demands for government
services;
(x) industrial and
commercial activity;
(xi) locally
adopted environmental plans and goals; and
(xii) 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.