Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-31-6 - Environmental Review of Funded Projects6.1. General Requirements. -- The Instrumentality shall conduct or cause to be conducted, an environmental review for each project funded, in whole or in part, from the Fund. Any adverse environmental impacts that may occur on a project, as determined by the Secretary, shall be mitigated by the local entity. The local entity shall implement all measures, as stipulated by the Secretary, that are necessary to prevent adverse impact to the public health, safety, or welfare or to the environment.6.2. In accordance with 40 CFR Part 35, Subpart K (§35.3140), projects must undergo a State environmental review process (SERP) that conforms generally to the National Environmental Policy Act (NEPA), 42 U.S.C.§4321 et. seq.6.3. The applicant should consult with the State early in the facilities planning stage to determine whether a project is eligible for a categorical exclusion, to determine alternatives to the proposed project for evaluation, and to identify potential environmental issues and opportunities for public recreation and open space. 6.3.a. All requests for a categorical exclusion shall conform to 40 CFR Part 6, subpart B (§6.204).6.3.b. One public meeting must be held by the local entity prior to the Instrumentality's issuance of the categorical exclusion to discuss the chosen alternative as well as the reasons for rejecting other alternatives and to allow for comments.6.4. Environmental Review Procedures. - The applicant shall prepare and submit an environmental information document in conjunction with the facilities plan. The facilities plan must comply with the Instrumentality's policies and procedures. The environmental information document must include the following information: 6.4.a. Correspondence with and responses from the West Virginia Division of Culture and History concerning possible impacts to historic, architectural, archaeological, and cultural sites.6.4.b. Correspondence with and responses from the United States Army Corp of Engineers concerning possible impacts to floodplains and wetlands.6.4.c. Correspondence with and responses from the U.S. Department of the Interior (Fish and Wildlife Service) and the West Virginia Division of Natural Resources concerning possible impacts to wetlands, wild and scenic rivers, fish and wildlife, and endangered or threatened species.6.4.d. Correspondence with and responses from the U. S. Department of Agriculture concerning possible impacts to important farmlands.6.4.e. Evaluation of possible impacts to air quality, development, and noise levels.6.5. Environmental Assessment. - An environmental assessment shall be prepared by the Instrumentality to provide sufficient data and analysis to determine whether a finding of no significant impact (FNSI) can be issued. The environmental assessment will address the concerns and impacts listed in 40 CFR Part 6, subpart B (§6.205(d) - (§6.205(e)(4)).6.6. Finding of No Significant Impact (FNSI) - When the environmental review indicates no significant impacts are anticipated or when the project is altered to eliminate any significant adverse impacts, a FNSI shall be issued and made available to the public. The environmental assessment shall be included as a part of the FNSI. The FNSI shall list all mitigation measures as defined in 40 CFR §1508.20, and specifically identify the measures necessary to make the recommended alternative environmentally acceptable. 6.6.a. The Instrumentality is responsible for monitoring mitigation measures identified in the FNSI. The Instrumentality will not close on a loan until the applicant complies with all conditions of the FNSI. 6.6.b. If it is not possible to mitigate or eliminate significant impacts caused by the project and allow the issuance of a FNSI, funds from the SRF will not be used to fund the project.6.7. Public Involvement - The Instrumentality shall make diligent efforts to involve the public in the environmental review process and shall allow for sufficient public review of a FNSI before a facilities plan is approved. A period of at least 30 calendar days for comments will be allowed before administrative action will be taken after the release and publication of the FNSI. Comments will be submitted as directed in the FNSI. The FNSI will be posted at the applicant's office location or other locations as directed and mailed to appropriate agencies and interested parties. One public meeting must be held by the local entity prior to FNSI issuance to discuss the chosen alternative as well as the reasons for rejecting other alternatives and to allow for comments.6.8. All environmental assessment/FNSI determinations shall be re-evaluated in accordance with 40 CFR §6.200 (h)6.9. Public Notification - The public notification requirements of this section shall be fulfilled and consistent with 40 CFR §1506.6. The Instrumentality may institute such additional NEPA-related public participation procedures as are deemed necessary during the environmental review process. 6.9.a. Public notification options from 40 CFR §1506.6 include, but are not limited to, publication in local newspapers (in papers of general circulation rather than legal papers), publication in local newsletters that may be expected to reach potentially interested persons, direct mailing to owners and occupants of nearby or affected property, and posting of notice on and off site in the area where the action is to be located.