Current through Reg. 49, No. 38; September 20, 2024
(a) Purpose and applicability. A Finding of
No Significant Impact (FONSI) may be issued if the proposed action will not
have a significant effect on the human environment. A FONSI shall be based upon
the information submitted by the Applicant and upon the environmental
assessment (EA) prepared by the executive administrator.
(b) Environmental Assessment. An
Environmental Assessment is required when the proposed project is expected to
result in environmental impacts and the significance of those impacts is not
known. When the executive administrator preliminarily determines that the
impacts will not be significant and may be addressed by ordinary mitigation
measures, then an Environmental Assessment will be prepared. An Environmental
Assessment is not required if the proposed action is categorically excluded or
if an Environmental Impact Statement is required.
(c) Contents of an Environmental Assessment.
(1) An Environmental Assessment shall include
a brief discussion of the following:
(A) the
purpose and need for the proposed project and an estimate of cost of the
project;
(B) the alternatives
considered, including the no action alternative, and the reasons for the
rejection or acceptance of the alternatives;
(C) the affected environment, including
baseline conditions that may be impacted by the proposed actions and the
alternatives;
(D) the environmental
impacts of the proposed project and the alternatives, including any unresolved
conflicts concerning alternative use of available resources; and
(E) applicable environmental laws and
executive orders.
(2)
The form of the Environmental Assessment generally shall include:
(A) a listing or summary of coordination and
consultation undertaken with any federal, state, local, or Indian tribe
government regarding compliance with applicable environmental laws and
executive orders;
(B)
identification and description of the mitigation measures considered, including
mitigation measures that must be adopted to ensure the proposed project will
not have significant impacts; and
(C) incorporation of documents by reference,
including the Environmental Information Document submitted by the
Applicant.
(d) Contents of a FONSI. When the
Environmental Assessment supports a finding that the proposed project will not
have a significant effect on the human environment, then the Board may issue a
FONSI. The FONSI must include the following components:
(1) an Environmental Assessment;
(2) a brief description of the reasons why
there are no significant impacts;
(3) any commitments to mitigation measures
that are essential to render the impacts of the proposed project
insignificant;
(4) the date of
issuance and signature of the executive administrator; and
(5) the executive administrator's statement
that the Applicant has committed to the mitigation measures and that the
Applicant has the ability and the authority to fulfill the commitment to
mitigation;
(e) Public
comments and the issuance of a FONSI.
(1) The
executive administrator shall make the Environmental Assessment and preliminary
FONSI available on the Board's website for review and public comment for a
period of at least thirty (30) days.
(2) If no substantive comments are received,
the executive administrator may proceed with the proposed project subject to
the mitigation measures identified in the FONSI. If substantive comments are
received, then the executive administrator shall respond to the comments and
revise the FONSI accordingly, if necessary.
(3) The executive administrator shall ensure
that the mitigation measures necessary to the FONSI determination are
enforceable and shall conduct appropriate monitoring of these measures. All
contracts, plans, specifications, and other applicable documents used during
the design and construction of the project shall contain reference to or
descriptions of the mitigation measures included in the FONSI, as required by
this subchapter.
(f)
Dissemination of information about mitigation measures. The executive
administrator may provide written notification describing the outcome of the
mitigation measure proposed in an environmental finding to interested agencies
and public groups.
