(1) Except as
provided in s.
DHS
18.06(4), to determine whether a type
II action is major and significantly affects the quality of the natural and
physical environment of human beings, and to describe alternatives to that
action, the department shall conduct an environmental assessment and shall
prepare a reviewable record in the form of a concise report. This shall be done
as early as possible in the planning process but, in any event, before
contracts are signed if the action involves construction. The report shall
include:
(a) A description of the proposed
action, to include the purpose of the action and need for the action;
(b) A description of those elements of the
environment of human beings which are affected by the proposed
action;
(c) Identification and
discussion of the most significant effects on the environment that can be
reasonably foreseen if the proposed action is carried out. "Effects" are of 2
types:
1. Primary effects are those on water,
air, land, plants, animals, energy use, historic properties, wilderness,
vistas, and tranquillity which is affected by noise, and on society and economy
but only when these are inter-related with the foregoing resources.
2. Secondary effects are, in relation to
primary effects, the foreclosure of future options, establishment of
precedents, cumulative impacts when actions of the type are repeated,
stimulation of indirect (later in time or at a distance) effects, conflicts
with official plans of public agencies or with policies of governments at any
level, and significant controversy that may be or is generated by the proposed
action.
(d) A
consideration of reasonable alternatives to the proposed action, including the
alternative of no action, and the identification of the significant
environmental effects of these alternatives when they differ from the
anticipated impacts of the proposed action; and
(e) A list of agencies and persons consulted,
with synopses of the comments and other pertinent information provided by these
agencies and persons.
(f) A
preliminary recommendation on the need for an EIS.
(2) Where proposed actions are likely to be
repeated on a recurring basis or where they have relevant similarities such as
common timing, impacts, alternatives, methods of implementation, or subject
matter, a generic EA may be prepared. The department shall, when addressing a
single action already covered by a generic EA, consider the relevance of the
generic EA to the specific action.
(3)
(a) The
department shall develop a notice that the EA has been prepared and is
available for review, which shall include the following information:
1. The title of the proposed
action;
2. A brief description of
the proposed action, to include the location of any project;
3. The preliminary determination by the
department of the need for an EIS;
4. The name of a contact person within the
department who can supply copies of the EA and can answer questions about it;
and
5. The latest date on which the
department will accept and consider comments before making a final decision on
the need for an EIS.
(b)
The department shall send copies of the notice to all individuals, agencies,
and organizations that have requested notification of the EA or of all EAs and,
in the case of a project in a particular area of the state, to appropriate news
media in the vicinity of the project. The department may also publish the
notice in the Wisconsin administrative register.
(c) Following the deadline for receipt of
public comment on the EA, the department shall review the EA, consider the
comments received on it, make modifications judged necessary, and approve the
EA which shall include a finding either of no significant impact or of the need
for an EIS.
(4) If a
finding is made in the EA of no significant impact, no EIS shall be required,
the environmental review is complete and the original EA shall then be filed in
the department's offices in Madison, Wisconsin. For a project in a particular
area of the state, a copy of the EA shall be filed in a field office of the
department in that area.
(5) If a
finding is made in the EA that an EIS is required for the proposed action, the
department shall proceed with preparation of an EIS.
