| making any environmental determination. (c) Environmental Review. (1) When the executive administrator has determined
that an applicant's proposed project may be excluded from a formal environmental review or has determined that a CE is to be rescinded, the executive administrator will prepare a public notice of the determination and the availability of supporting documentation for public inspection. The notice will be published in a local newspaper of community-wide circulation by the applicant. The executive administrator, concurrent with the publication, will distribute the notice to all interested parties. (2) An environmental review of the proposed project, supported by the applicant's EID, will be conducted by the executive administrator to determine whether any significant impacts are anticipated and whether any changes may be made in the proposed project to eliminate significant adverse impacts. As part of this review, the executive administrator may require the applicant to submit additional information or undertake additional public participation and
coordination to support the environmental determination. Based on the environmental review, the executive administrator will prepare an EA, describing: (A) the purpose and need for the proposed project; (B) the proposed project, including its costs; (C) the alternatives considered and the reasons for their rejection or acceptance; (D) the existing environment; (E) any potential adverse impacts and mitigative measures; (F) any proposed conditions to the provision of financial assistance and any means provided for the monitoring of compliance with the conditions; and (G) a summary of the public comments and response to those comments made by the applicant. (3) Based upon this EA, the executive administrator will issue a FNSI or issue a notice of intent to prepare an EIS. The FNSI will include a brief description of the proposed
project, its costs, any mitigative measures proposed for the applicant as a condition of its receipt of financial assistance, and a statement to the effect that comments supporting or disagreeing with the FNSI may be submitted for consideration by the board. The EA will be attached to the FNSI when mitigative measures are specified by conditions of the financial assistance. The FNSI will be distributed to all parties, governmental entities, and agencies that may have an interest in the proposed project. No action regarding approval of the DWSRF engineering feasibility report will be taken by the executive administrator for at least 30 days after the issuance of the FNSI. Additionally, except for projects utilizing the pre-design option under §371.38 of this title (relating to Pre-Design Funding Option), no funds for building will be released for at least 30 days after the issuance of the FNSI. For projects utilizing the pre-design option, approval of the release of funds for
planning will be made prior to the issuance of the FNSI, but no approval for release of funds for design or building will be made until at least 30 days after the issuance of the FNSI. (4) Except for projects utilizing pre-design funding under §371.38 of this title (relating to Pre-Design Funding Option), the executive administrator will prepare a concise public ROD following the public hearing on the draft EIS and the comment period on the final EIS and before the decision to approve the DWSRF engineering feasibility report or to provide or deny financial assistance to the proposed project. The ROD will describe those mitigative measures to be taken which will make the selected alternative environmentally acceptable. For projects utilizing the pre-design funding option under §371.38 of this title (relating to Pre-Design Funding Option), the ROD shall be made prior to the board's approval of the release of funds for design.
(d) Application of other laws and authorities. In addition to the requirements of state law and rules, the Act, and the NEPA, the board must, as required by the initial guidance for the state water pollution control revolving fund and the drinking water capitalization grant agreement, insure that each project proposed to receive DWSRF financial assistance complies with the following federal laws and authorities respecting the human environment: the Archeological and Historic Preservation Act of 1974, Public Law 93-191; the Historic Sites Act; the Clean Air Act, 42 United States Code 7506(c); the Coastal Barrier Resources Act, 16 United States Code 3501 et seq., the Coastal Zone Management Act of 1972, Public Law 92-583, as amended; the Endangered Species Act, 16 United States Code 1531 et seq.; Executive Order 11953, Protection and Enhancement of the Cultural Environment; Executive Order 11988, Floodplain Management; the Flood Disaster Protection Act of 1973, Public Law
93-234; Executive Order 11990, Protection of Wetlands; the Farmland Protection Policy Act, 7 United States Code 4201 et seq.; the Fish and Wildlife Coordination Act, Public Law 85-624, as amended; the National Historic Preservation Act of 1966, Public Law 89-665, as amended; the Safe Drinking Water Act, §1424(e), Public Law 92-523, as amended; the Wild and Scenic Rivers Act, Public Law 90-542, as amended; and the Wilderness Act, 16 United States Code 1131 et seq. Because particular federal and/or state agencies are charged with the enforcement of or permitting under many of these laws and authorities, the executive administrator will provide guidance to applicants to the fund regarding consultation requirements and will encourage proper coordination of project planning with the appropriate agencies. Because of their complexity and critical importance to the board's administration of the fund, the board has adopted the following sections to effect proper compliance with the
requirements of the Flood Disaster Protection Act of 1973, the Coastal Barrier Resources Act, and Executive Order 11988. (1) The board will not provide financial assistance from the DWSRF for any project element that is proposed to be constructed in a floodplain when the applicant's community is sanctioned by the Federal Emergency Management Agency (FEMA) in its administration of the National Flood Insurance Program, pursuant to the requirements of the Flood Disaster Protection Act of 1973, Public Law 93-234. (2) The board will not provide financial assistance from the fund to any entity proposing construction in or extension or expansion of water service into any area within the Coastal Barrier Resources System other than those permitted by the Coastal Barrier Resources Act, 16 United States Code 3501 et seq. (3) Pursuant to the requirements of Executive Order 11988, the board will avoid direct and indirect support of
development in floodplains wherever there is a practicable alternative. Therefore, both to preserve the significant natural functions and values of floodplains and to protect human health and safety. (A) The board may provide financial assistance from the fund for the transportation or treatment of drinking water in a floodplain only when the proposed project will provide service to: (i) areas of existing development in a floodplain; (ii) facilities such as marinas which, by their nature, must be located in floodplains; (iii) areas of projected growth if an EID demonstrates that the proposed development will be consistent with FEMA's floodplain management criteria for flood prone areas (40 Code of Federal Regulations 60.3) and will have no significant impacts on natural functions and values of floodplains; (iv) areas of projected growth if an EIS demonstrates that there is no
practicable alternative to such growth, that such growth will be consistent with the floodplain management criteria cited in clause (iii) of this subparagraph and that the benefits of such growth outweigh its costs to the natural functions and values of the effected floodplains or risks to human health and safety. (B) When regional systems are proposed, the board will require the regional authority and the member entities to demonstrate compliance with these rules. (C) For the purposes of this subsection, the following definitions will apply: (i) Areas of existing development--All or part of the project planning area which, at the time of the board's issuance of its environmental determination, is: (I) occupied by existing structures or facilities; (II) substantially surrounded by existing structures and facilities and which serves no significant independent natural floodplain
function; or (III) characterized by substantial investment in public infrastructure (e.g., roads and utilities are available to individual users) but which is only partially occupied by structures or facilities. (ii) Floodplain or 100-year floodplain--Those lowland, relatively flat areas usually adjoining inland or coastal waters that have a 1.0% or greater chance of flooding in any given year. In determining these areas, the applicant will use flood insurance rate maps or flood hazard boundary maps approved by FEMA. Where these maps are unavailable, the applicant should produce its own map(s) delineating the 100-year floodplain and showing 100-year flood elevations. Such maps should be prepared in accordance with FEMA's Guidelines and Specifications for Study Contractors. (iii) Natural functions and values of the floodplain include: (I) maintenance of water quality; (II) transport,
storage, and absorption of floodwaters; (III) groundwater recharge; (IV) flow of debris; (V) wildlife habitat; (VI) cultural and historical resource repository; (VII) agricultural resources; and (VIII) aesthetic resources. (D) The board will, as appropriate and consistent with the requirements of these rules and Executive Order 11988, require assurances or include conditions to the provision of DWSRF financial assistance to insure compliance with these rules.
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