Miss. Code. tit. 11, pt. 6, ch. 4, app 11-6-4-K

Current through December 10, 2024
Appendix 11-6-4-K - Intergovernmental Review Process

Intergovernmental Review Process

The following outlines the Department's requirements for compliance with the Intergovernmental Review Process for State Revolving Fund Loan Program projects in Mississippi. These actions and deadlines are consistent with that required by the Priority System. The intergovernmental review agencies are as follows:

1. Department of Archives and History (For Archaeological/Cultural Review)

2. Natural Heritage Program (For Vegetative/Wildlife Review)

3. Army Corps of Engineers, Regulatory Functions Branch (For Wetlands and Section 10 Review)

4. Bureau of Marine Resources (Jackson, Harrison, and Hancock County Projects Only; for Coastal Barriers Resources Act Review)

U. S. Fish and Wildlife Service (Jackson, Harrison, and Hancock County Projects only; for Coastal Barriers Resources Act Review)

Addresses of these agencies are attached.

Facilities Planning

During preparation of the draft facilities plan, the appropriate intergovernmental review agencies should be consulted about the proposed project area concerning the existence of any known or possible archaeological/cultural sites, endangered vegetation/wildlife, wetlands, shellfish/coastal program impacts, or coastal barriers resources impact, with their input addressed in the draft facilities plan. If feasible, the project should avoid negative impacts on areas for which a concern has been expressed by an intergovernmental review agency. If not feasible to avoid negative impacts on these areas, the appropriate intergovernmental review agency should be consulted concerning the probability of obtaining clearance to construct the selected plan. Where an agency expresses substantial concern that clearance of the selected plan may not be obtained, appropriate modification, mitigation, and/or other sites should be pursued in coordination with the Department and the appropriate agency prior to submission of the draft facilities plan. This effort should avoid completion of a draft facilities plan which may not later receive intergovernmental review clearance. However, it should be recognized that subsequent surveys, applications, or other information may result in further intergovernmental review agency concerns which must be addressed prior to clearance.

By the deadline for the draft facilities plan to be submitted to the Department of Environmental Quality, the draft facilities plan shall also be submitted to the appropriate intergovernmental review agencies with a request for written comments and a determination on the need for archaeological/cultural surveys, vegetative/wildlife surveys, Section 404/Section 10 Permits, Bureau of Marine Resources Permits, or other actions. The draft facilities plan or the transmittal letter shall include a map showing the proposed construction and the land use (i.e. residential, commercial, industrial, farmland, pasture, wooded, wetlands, or other) in the areas of construction. It is strongly suggested that photographs of the areas of construction also be included in order to expedite these determinations. The Department of Environmental Quality must be copied on the transmittal letters (including all attached maps, photographs, etc.) to all intergovernmental review agencies. These agencies should provide written comments and a determination on the need for archaeological/cultural surveys, vegetative/wildlife surveys, Section 404/Section 10 Permits, Bureau of Marine Resources Permits, or other actions.

The completed facilities plan shall contain all intergovernmental review agency comments, public hearing comments, plan revisions pursuant to comments, and a summary of how each comment was addressed.

Design

At least 90 days prior to the deadline for submission of plans, specifications, and contract documents to the Department of Environmental Quality, completed archaeological/cultural surveys shall be submitted to the State Department of Archives and History for approval; completed vegetative/wildlife surveys shall be submitted to the Natural Heritage Program for approval; and completed Section 404/Section 10 permit applications shall be submitted to the Army Corps of Engineers (and the Bureau of Marine Resources for Jackson, Harrison, and Hancock County projects). However, surveys and/or permit applications do not need to be performed or submitted if the appropriate intergovernmental review agency has determined they are not required. The Department of Environmental Quality shall be copied on the transmittal letters to the intergovernmental review agencies.

By the deadline for submission of the plans, specifications, and contract documents to the Department of Environmental Quality, approved archaeological/cultural surveys, approved vegetative/wildlife surveys, and copies of the issued Section 404/Section 10 permits and Bureau of Marine Resources Permits shall be submitted to the Department of Environmental Quality, if required for the project. Evidence of approval from the appropriate intergovernmental review agencies shall be included with the survey documents when submitted to the Department of Environmental Quality.

Loan Application

At least 60 days prior to the deadline for submission of the SRF loan application to the Department of Environmental Quality, a completed SRF loan application form, a brief narrative describing the project, a map showing the location of all proposed construction, the archaeological/cultural and vegetative/wildlife survey approval letters, and copies of the issued Section 404/Section 10 Permits and Bureau of Marine Resources Permits (or letters stating that surveys or permits are not required) shall be submitted to both the Department of Finance and Administration, Office of Policy Development and New Initiatives, and the local Planning and Development District. The Office of Policy Development and New Initiatives will solicit comments from agencies and other interested parties and will provide the applicant with a clearance form, as appropriate.

The clearance form from the Office of Policy Development and New Initiatives, along with any comments received, shall be submitted to the Department of Environmental Quality by the deadline for submission of the SRF loan application.

1. State Historic Preservation Officer Attention: Interagency Coordinator Mississippi Department of Archives and History Jackson, Mississippi 39205 Telephone: 601/359-6940

2. Natural Heritage Program Natural Science Museum Natural Science Museum 111 North Jefferson Street Jackson, Mississippi 39202 Telephone: 601/395-7226

3. Department of the Army Mobile District, Corps of Engineers Regulatory Functions Branch Post Office Box 2288 Mobile, Alabama 36628 Telephone: 334/694-3781

Department of the Army Vicksburg District, Corps of Engineers Regulatory Functions Branch Post Office Box 60 Vicksburg, Mississippi 39180 Telephone: 601/631-5289

Department of the Army Nashville District, Corps of Engineers Regulatory Functions Branch Post Office Box 1070 Nashville, Tennessee 37202 Telephone: 615/251-5181

Department of the Army Memphis District, Corps of Engineers Regulatory Functions Branch B-202 Clifford Davis Federal Building Telephone: 901/521-3471

4. Bureau of Marine Resources 2620 West Beach Boulevard Biloxi, Mississippi 39531 Telephone; 228/385-5860

5. U. S. Fish and Wildlife Service Post Office Drawer 1190 Daphne, Alabama 36526 Telephone: 205/690-2181

6. Department of Finance and Administration Office of Policy Development and New Initiatives 455 North Lamar Street Jackson, Mississippi 39202 Telephone: 601/359-6765 (This is the State Clearinghouse)

PLANNING AND DEVELOPMENT DISTRICTS IN THE STATE OF MISSISSIPPI

Central Mississippi Planning & Development District Post Office Box 4935 Jackson, Mississippi 39216 Executive Director: Clarke Holmes Telephone: 981-1511
East Central Mississippi Planning & Development District Post Office Box 499 Newton, Mississippi 39345 Executive Director: Colbert Crowe Telephone: 683-2007
Golden Triangle Planning & Development District Post Office Drawer DN Mississippi State, Mississippi 39762 Executive Director: John Allbritton Telephone: 325-3855
North Central Mississippi Planning & Development District Post Office Box 688 Winona, Mississippi 38967 Executive Director: Bob Williamson Telephone: 283-2675
North Delta Planning & Development District Post Office Box 1244 Clarksdale, Mississippi 38614 Executive Director: Leonard Morris Telephone: 627-3401
Northeast Mississippi Planning & Development District Post Office Box 600 Booneville, Mississippi 38829 Executive Director: Eugene Taylor Telephone: 728-6248
South Delta Planning & Development District Post Office Box 1776 Greenville, Mississippi 38702-1776 Executive Director: Billy Haney Telephone: 378-3831
Southern Mississippi Planning & Development District 1020 32nd Avenue Gulfport, Mississippi 39501 Executive Director: Leslie Newcomb Telephone: 868-2311
Southwest Mississippi Planning & Development District 110 South Wall Street Natchez, Mississippi 39120 Executive Director: Wirt Peterson Telephone: 446-6044
Three Rivers Planning & Development District 99 Center Ridge Drive Pontotoc, Mississippi 38863 Executive Director: Randy Kelley Telephone: 489-2415

Miss. Code. tit. 11, pt. 6, ch. 4, app 11-6-4-K