33 Miss. Code R. § 2-3-C
A. Facilities Plan Description of Environmental Impacts
Each facilities plan must contain a description of the environmental impacts of the proposed project and any corresponding mitigative measures including, but not necessarily limited to, the following:
(1) Surface and groundwater resources;
(2) Archaeological/historical/cultural resources;
(3) Vegetative/wildlife resources;
(4) Wetlands and navigable waterways;
(5) Floodplains;
(6) Prime or important farmlands;
(7) Coastal zones;
(8) Wild and scenic rivers; and
(9) Air Quality.
B. Environmental Review.
The Department will take one or more of the following actions pursuant to the review of the facilities plan description of Environmental Impacts:
(1) Categorical Exclusion
The Department will issue a Categorical Exclusion (CE) from environmental review if a project meets all of the following criteria:
(a) The project includes minor rehabilitation of existing facilities, functional replacement of equipment, or construction of new ancillary facilities adjacent or appurtenant to existing facilities.
(b) The project will not have a significant adverse effect on the environment.
(c) The project will not adversely affect cultural resources, habitats of endangered or threatened species, or environmentally important natural resource areas.
(d) The project is not expected to cause significant public controversy. The Department may revoke a categorical exclusion at any time if significant adverse information becomes available.
(2) Finding of No Significant Impact (FONSI) on the Environment
The Department will issue a Finding Of No Significant Impact (FONSI) and an Environmental Assessment (EA) when, based upon review of the environmental impacts in the facilities plan, it appears that a project will not have a significant adverse environmental impact, but does not qualify for a CE. The environmental assessment EA will describe the existing environment, the purpose and need for the project, the project to be built, the alternatives analyzed including no action, the references consulted, the expected environmental impacts of the project, the actions necessary to minimize expected adverse impacts, and the cost to build and operate the project.
(3) Amendment to a Finding of No Significant Impact FONSI to the Environment
FONSI amendments are occasionally needed to describe changes to proposed facilities that have already been described in a FONSI. The environmental assessment EA that accompanies the amendment will describe the changes and any expected new impacts on the environment due to the changes. The original environmental assessment EA will be reissued with the environmental assessment EA amendment in those cases where it is deemed to be necessary to assure clarity.
(4) Environmental Impact Statement (EIS)
If the Department determines that an environmental impact statement (EIS) is needed, the document will be prepared in general conformance with EPA Regulation 40 CFR Part 6, or as deemed appropriate by the Department.
(5) Reaffirmation of an Environmental Action
If five years will pass between the issuance of a CE, FONSI, Amendment to a FONSI, or an EIS and the offer of DWSIRLF funding, the environmental impact of the project will be re-evaluated. However, a re-evaluation may not be required when the most recent Amendment to a FONSI or EIS is less than five years old. If there have been no significant changes, the Department will issue a reaffirmation of the environmental action. If the original environmental action cannot be reaffirmed, the Department will issue a new environmental action, as appropriate.
(6) No Further Action
The Department will issue a CE, FONSI, or EIS on all DWSIRLF projects. If there are significant changes in the project after the issuance of the environmental documents, those changes will be described in an Amendment to a FONSI. Some changes are minor, however, and the Department may determine that a separate Amendment need not be issued. Such minor changes may include but are not limited to:
(a) Adding work that would otherwise qualify for a categorical exclusion.
(b) Changes in the size of pump stations, storage facilities, wells, distribution lines, etc.
(c) Minor changes in the size of water treatment unit processes.
(d) Minor rerouting of distribution lines when the new route i) will be mostly on public property and ii) will not adversely affect cultural resources, habitats of endangered or threatened species, or environmentally important natural resource areas. All affected property owners must be notified by the loan recipient.
(e) Changes in the cost of the project, the average monthly user charge, or the method of financing.
C. Issuance of the Environmental Action.
Copies of all environmental actions will be issued to the appropriate intergovernmental review agencies listed in Appendix K; other agencies must be contacted as needed. Copies must also be sent to any individuals or groups requesting them. All environmental actions will also be published in an appropriate local newspaper.
All environmental actions will provide for at least a 30 day period from the day of issuance to receive comments from agencies, groups, or individuals. All such comments will be evaluated by the Department before finalizing any environmental action.
Immediately after issuing an environmental action and before the comment period has expired a facilities plan may be conditionally approved, and a loan agreement may be conditionally offered. In such a case, no funds will be transferred to the loan recipient, and authority to award construction contracts will not be given until the comment period has expired and all substantial adverse comments have been addressed.
D. Resolution of Adverse Comments.
Adverse comments received as a result of the environmental review process will be addressed in the following manner:
(1) The Department will first require the loan recipient to resolve the adverse comments, subject to Department approval.
(2) If the loan recipient is unable to resolve the adverse comments and secure approval, the Department will render a decision concerning the adverse comments.
(3) Should the loan recipient or the party which originally made the adverse comments desire to appeal the above decision, a request for an informal hearing must be received by the Department within 30 days after the date of such decision. Upon receipt of such a request, an informal hearing will be held with staff members, as designated by the Board Chairman, and the affected parties. The Board Chairman, or his designee, will render a decision on the appeal as a result of the informal hearing.
(4) Should the loan recipient or the party which originally made the adverse comments desire to appeal the above informal hearing decision, a request for a formal hearing by the Board must be received by the Department within 30 days after the date of such decision. Upon receipt of such a request, the Local Governments and Rural Water Systems Improvements Board will hold a formal hearing to consider the matter and will render a decision.
(5) Appeals of the above formal hearing decision may be made to the Chancery Court in accordance with state law.
33 Miss. Code. R. § 2-3-C