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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 4SCHOOL LAND BOARD
CHAPTER 155LAND RESOURCES
SUBCHAPTER BPRACTICE AND PROCEDURE FOR STATE-OWNED LANDS AND FLATS
RULE §155.24Content of Draft Environmental Impact Statement

(a) The board may require that a draft environmental impact statement be prepared in accordance with either §155.4(b) or (c) of this title (relating to Permits), depending on the nature, magnitude, and extent of activities and uses proposed on state-owned lands and flats. The scope and depth of information included within the draft environmental impact statement will usually be related to the magnitude of the proposed project and the potential environmental impact.

(b) The draft environmental impact statement is an assessment of the impact of the proposed action or project upon the variety of existing environmental elements and factors. This environmental assessment is multidisciplinary and may involve any number of scientific, economic, and social disciplines, all of which should be employed in discussing the following main points which comprise the draft environmental impact statement:

  (1) a description of the proposed action or project including information and adequate technical data to permit careful assessment of impact;

  (2) the probable impact of the proposed action or project on the environment;

  (3) any probable adverse environmental effects which cannot be avoided;

  (4) alternatives to the proposed action or project;

  (5) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity;

  (6) any irreversible and irretrievable commitments of resources which would be involved in the proposed action or project, should it be implemented;

  (7) where appropriate, a discussion of problems and objections raised by other federal, state, and local agencies and by private organizations and individuals;

  (8) such additional information as the board may deem necessary.

(c) A draft environmental impact statement will be required in accordance with these guidelines for a project considered by the board to have a significant impact on the environment. The phrase "a significant impact on the environment' will be construed by the board with a view to the overall, cumulative impact of the proposed use, related and contemplated actions and projects by cities and navigation districts in the area, and current and contemplated actions and projects in the area by other entities. The board is cognizant that the effect of a project or complex of projects can be individually insignificant but cumulatively significant, and will require a draft environmental impact statement in accordance with these guidelines if it is reasonable to anticipate a cumulatively significant impact on the environment from a proposed activity or from a combination of current and proposed activities in any particular area. Such statement should address the following unless specifically waived by the board:

  (1) location of the coastal public lands or state-owned lands or flats for which a lease is sought. This information should be in the form of an up-to-date National Ocean Survey (formerly Coast and Geodetic Survey) nautical chart depicting the location of the area in relation to U.S.G.S. bench marks. The map called for by this subsection is in addition to any additional map or survey plats which may be required of an applicant as a part of the application for a lease;

  (2) a detailed description of the proposed use of the state-owned lands or flats. The information called for by this subsection relates only to the dredging, filling, excavating, bulkheading, construction, or other activity or to that portion of such activities which takes place upon state-owned lands. Information concerning such activities upon privately-owned land, of which the proposed activities upon state-owned land may be a component is required by the following subsection. The description called for by this subsection should cover such points as kind of structure or facility proposed, construction techniques, materials to be used, time frame in which construction is to take place, expected period of operation of the structure or facility, kind, extent, and frequency of any maintenance construction or activity which may be necessary, and expected or possible fluctuations in operation or use of the proposed activity, structure, or facility. The information herein required will be acceptable if in the form of drawings, charts, or reports, and should be submitted in such form if clarity and conciseness will be served. If appropriate, the drawings or diagrams may be incorporated into the map called for in the preceding section. If the proposed activity upon or use of state-owned lands involves dredging, excavating, filling, or dredged material disposal, the applicant should also provide the information called for in paragraph (15) et seq. of this subsection;

  (3) a detailed description of the activity, structure, or facility upon district or privately-owned land, if any, of which the proposed activity, use, structure, or facility upon state-owned land is a component. The points set out in subsection (b) of this section should be covered; the information may be submitted in the form of drawings, charts, or reports, and may be incorporated into the map called for in paragraph (1) of this subsection;

  (4) the full extent, indicated upon the map called for by paragraph (1) of this subsection, of any and all contemplated future activities, structures, or facilities of which the activities, structures, or facilities covered by paragraphs (2) and (3) of this subsection are, or may be, components. Include also a brief description of other projects in the area-current, proposed, or completed-in which the applicant is, has been, or will be involved. If this subsection is not applicable, the applicant should so state;

  (5) a statement of the purpose to be served by the activities, structures, or facilities described in paragraphs (2), (3), and (4) of this subsection, and a complete analysis of the need for such activities, structures, or facilities. Any population or economic growth assumptions upon which the need for the proposed activity, structure, or facility is premised, are to be identified and the sources cited. The applicant should take care to distinguish between projects which are proposed in response to and in order to meet anticipated economic and population growth, on the one hand, and projects which are proposed to stimulate and encourage economic and population growth in a particular area, on the other hand. The applicant should, in addition, specifically state whether its proposed project is properly included in the first group identified above, in the second group, or in some other classification;

  (6) a detailed description of the environment which will be affected by the activities, structures, or facilities described in paragraphs (2)-(4) of this subsection. This description should include detailed data on the following environmental considerations of the area as the area exists prior to initiating the proposed activity, structure, or facility, indicating unique features under any category:

    (A) Air quality, climate, and weather;

    (B) Noise factors;

    (C) Water resources. Water quality and hydrography, including updated water depths, circulation, salinity, and temperature, should be presented on United States Geological Survey base maps, National Ocean Survey nautical charts, or other suitable base maps. The location and rates of freshwater inflows to the area, the water quality of the bays and estuaries in the area, and the water quality of the rivers and smaller streams in the area are to be also indicated;

    (D) Geology, topography, and soils. The applicant should provide descriptions and map the location of geologic formations, soil types, mineral resources, construction materials present and any areas of erosion, accretion, or subsidence;

    (E) Vegetation. Submergent and emergent macrophytes and planktonic flora in the aquatic system and the vascular plants of the terrestrial system should be surveyed seasonally and mapped with respect to plant communities present. For each community during a given season, provide a measure of species diversity and dominance, as well as a direct measure or index of biomass. Include an expanded list of plant species found in the impacted area as well as range maps and population density estimates for any rare or endangered plant species;

    (F) Fauna. Plankton (including phytoplankton), nekton, and benthos in the aquatic system and important invertebrates (e.g., important food chain organisms, pest species, etc.) and all vertebrates in the terrestrial system should be surveyed and listed with indication of seasonal abundance and occurrence. For each group in the aquatic system seasonal and annual estimates of species diversity and dominance should be provided, along with an appropriate measure or index of abundance. Quantitative population estimates should be made of terrestrial vertebrates of economic significance and of others particularly suited to census. Annotate species lists with subjective evaluations of occurrence and abundance for all vertebrate animals not censused. In both systems annotate species lists to indicate any rare or endangered species, and for these species, provide range maps and population estimates. Describe and map any environmentally sensitive areas such as bird nesting colonies or important feeding grounds, stopover areas where migratory birds become concentrated in spring and fall, intertidal marsh areas, oyster reefs, important spawning or nursery grounds for fish and shellfish, and fish migratory routes and passes. Based upon the Cont'd...

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