33 Miss. Code R. § 2-3-K
The following outlines the Department's requirements for compliance with the Intergovernmental Review Process for DWSIRLF projects.
A. Intergovernmental Review Agencies:
(1) Mississippi Department of Archives and History (for archaeological/cultural review)
(2) Mississippi Natural Heritage Program (for vegetative/wildlife review)
(3) U.S. Army Corps of Engineers, Regulatory Functions Branch [for Section 404 (wetlands), Section 10 (navigable waterways), and floodplain impact review]
(4) Mississippi Department of Marine Resources (Jackson, Harrison, and Hancock County Projects Only; for shellfish review and Mississippi Coastal Program review)
(5) U. S. Fish and Wildlife Service (Jackson, Harrison, and Hancock County projects only; for Coastal Barriers Resources Act review)
(6) U. S. Forest Service (projects located in a designated Wild and Scenic River Basin only; for Wild and Scenic Rivers review)
B. Facilities Planning
During preparation of the 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, floodplain impacts, wild/scenic river impacts, shellfish/coastal program impacts, or coastal barriers resources impact. If feasible, the project should avoid negative impacts on areas for which a concern has been expressed by an intergovernmental review agency. If it is 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 must be pursued in coordination with the Department and the appropriate agency prior to submission of the facilities plan. This effort should avoid completion of a facilities plan which may not later receive intergovernmental review clearance. However, the loan recipient should recognize that subsequent surveys, applications, or other information may result in further intergovernmental review agency concerns which must be addressed prior to clearance.
The facilities plan must be submitted to the appropriate intergovernmental review agencies with a request for written comments and a determination on the need for archaeological/cultural resource surveys, vegetative/wildlife surveys, Section 404/Section 10 permits, U. S. Forest Service permits, Mississippi Department of Marine Resources permits, and U.S. Fish and Wildlife approval or other actions. The facilities plan or the transmittal letter must 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. The Department strongly suggests that photographs of the areas of construction also be included in order to expedite these determinations. The Department 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 surveys, permits, or other actions.
All applicable intergovernmental review agency comment letters must be included and addressed in the facilities plan.
C. Loan Application
If the appropriate intergovernmental review agency has determined these actions are necessary, completed archaeological/cultural surveys must be submitted to the Mississippi Department of Archives and History for approval; completed vegetative/wildlife surveys must be submitted to the Mississippi Natural Heritage Program for approval; and completed Section 404/Section 10 permit applications must be submitted to the U.S. Army Corps of Engineers (and the Mississippi Department of Marine Resources for Jackson, Harrison, and Hancock County projects). The Department must be copied on the transmittal letters to the intergovernmental review agencies.
A completed Standard Form 424 (Application For Federal Assistance), 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 Mississippi Department of Marine Resources Permits (or letters stating that surveys or permits are not required) must be submitted to the Department, the Mississippi Department of Finance & Administration, Office of Policy Development and New Initiatives, and the local Planning and Development District. The Office of Policy 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, must be submitted to the Department with the loan application.
33 Miss. Code. R. § 2-3-K