| (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.
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