Wisconsin Administrative Code
Department of Corrections
Chapter DOC 335 - Environmental policy implementation
Section DOC 335.08 - Preparation of environmental impact statement
Universal Citation: WI Admin Code ยง DOC 335.08
Current through August 26, 2024
(1) SCOPING.
(a) As soon as possible after the decision to
prepare an EIS, the department shall inform the public and affected or
otherwise interested agencies that an EIS will be prepared and that the process
of identifying impacts and alternatives to be analyzed in the EIS is
beginning.
(b) The scoping process
shall include, to the extent possible, affected federal, state and local
agencies, any affected Indian tribe, and other interested persons. The process
may consist of meetings, hearings, workshops, surveys, questionnaires,
interagency committees, or other appropriate methods or activities, and may be
integrated with other public participation requirements.
(c) The department shall use the scoping
process to:
1. Determine the parameters of the
EIS and the significant issues to be analyzed in depth in the EIS;
and
2. Identify and eliminate from
detailed study the issues which are not significant or which have been covered
by prior environmental impact analyses. This will permit limiting the
discussion of these issues in the EIS to a brief presentation about why they
are not significant for the human environment or to references to other
documents in which these issues are discussed.
(2) FORMAT OF STATEMENT.
(a) The EIS shall be written in plain
language, and shall be concise, clear, and to the point. It shall include
appropriate graphics to help decisionmakers and citizens understand the
implications of the proposed action and alternatives for quality of the human
environment.
(b) Parts of the EIS
shall be:
1. A cover sheet containing the
title of the proposed action, name of the department, designation of the
document as the draft or final statement, name and address of the office where
more information can be provided, a one-paragraph abstract of the statement and
the last date on which comments on the document will be considered.
2. A summary of the statement. It shall
briefly describe the proposed action and shall emphasize major conclusions,
areas of controversy, and issues to be resolved.
3. A table of contents.
4. A brief specification of the purpose of
the action and need for it.
5. A
succinct description of the environment which would be affected by the proposed
action.
6. In comparative format,
an analysis of the impact on the environment of the proposed action and all
reasonable alternatives to it, including the alternative of no
action.
7. A discussion of the
scientific and analytic bases for the environmental consequences identified in
subd. 6.
8. A list of preparers of
the EIS together with their qualifications.
9. Appendices, if any, relevant to analyses
in the EIS or otherwise relevant to the decision to be made.
(c) Other documents and sources of
information may be incorporated by reference if they are available for public
inspection at the central offices of the department in Madison and at the
county clerk, city clerk or town clerk in the area of the project.
(3) CONTENT OF STATEMENT.
(a) When an EIS is required, first a draft
EIS and then a final EIS shall be prepared by the department or else be
prepared for the department under contract by a consultant with supervision and
final editorial review by the department. The EIS shall emphasize significant
environmental issues identified during the scoping process. An EIS shall
contain, in the appropriate parts specified in sub. (2) (b) 4. to 7.:
1. A description of the proposed action and
of the affected environment, including the project location, type of facility,
time schedules, maps and diagrams deemed relevant, and other pertinent
information which will adequately allow an assessment of the potential
environmental impact by commenting agencies and the public.
2. An analysis of the probable impact of the
proposed action on the environment of human beings, to include identification
of positive as well as negative effects of the proposed action and, wherever
possible, indirect as well as direct consequences for the
environment.
3. Alternatives to the
proposed action, including a rigorous exploration and objective evaluation of
the environmental impacts of all reasonable alternatives, particularly those
that might avoid all or some of the adverse environmental effects of the
proposed action. If the department has a preferred alternative to the proposed
action, that should be identified.
4. A discussion of probable adverse
environmental effects which cannot be avoided should the proposal be
implemented. Protective and mitigative measures to be taken as part of the
proposed action shall be identified.
5. A discussion of the relationship between
short-term use of the environment and the maintenance and enhancement of
long-term productivity.
6.
Identification of significant irreversible and irretrievable commitments of
resources that would be involved in the proposed action, if implemented, with a
statement identifying the extent to which the proposed action irreversibly
curtails the range of potential uses of the environment.
7. Details of the beneficial aspects of the
proposed action, and of the economic advantages and disadvantages of the
proposed action.
8. A summary of
the scoping process used and of the major issues identified through it for
detailed analysis in the EIS.
(b) The EIS shall be an analytical document
that enables environmental factors to be considered in the development of a
proposed action. It shall be considered by the department in the
decision-making process.
(c) An EIS
is not a document of justification. On the other hand, disclosure of adverse
environmental effects does not necessarily mean that a proposed action should
be abandoned.
(d) 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 EIS may be prepared. The
department shall, when addressing a single action already covered by a generic
EIS, examine the relevance of the generic EIS to the specific action.
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