(1) Except as
provided in s.
DOC 335.06(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 the
resources of water, air, land, plants, animals, energy use, historic
properties, wilderness, vistas, and tranquillity which is affected by noise.
Primary effects also include those on society and economy, but only when the
effects on society and economy 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 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 and at the county clerk, city
clerk or town clerk in the area of the project. Such a finding shall be the
final decision of the department which may be appealable as a contested case
under ch. 227, Stats.
(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.
