Md. Code Regs. 26.03.11.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.03.11.08 - Finding of No Significant Impact

A. Determination. If the Department determines, at the conclusion of the environmental review, that no significant environmental impacts are anticipated, or when the project design and scope is altered or other measures are taken to eliminate or mitigate any significant environmental impacts, the Department shall issue a proposed FNSI to the applicant. The environmental assessment prepared by the Department shall be included as part of the proposed FNSI.

B. Public Inspection of Documents. After the Department issues the proposed FNSI, the Department will make available for public inspection in at least one location in the region in which the project is located, a copy of the proposed FNSI, the EID, the environmental assessment, the loan application, and a copy or summary of other materials considered by the Department.

C. Written Comments and Request for Hearing. Within 10 days after the Department issues the proposed FNSI, the Department will publish a prominent advertisement in at least one newspaper of general circulation in the area concerned. The advertisement shall include:

(1) A summary of the proposed project;

(2) The place where the materials required by §B of this regulation are available for public inspection;

(3) A statement that the public has 20 days after the advertisement publication date to submit written comments; and

(4) The address to which the comments may be sent.

D. Notification to State and Federal Agencies. The Department shall submit the FNSI to those lead State and federal agencies responsible for the federal laws itemized in Appendix F of the Initial Guidance for State Revolving Funds (January 28, 1988).

E. Determination of Need for Public Hearing.

(1) The Department may schedule a public hearing, to be held jointly by the Department and the applicant, before issuing a FNSI if the:

(a) Department determines the environmental impact of the project is of broad, general interest; or

(b) Project generated substantial public interest as indicated by written comments concerning the environmental impact.

(2) Notwithstanding the factors in §E(1), the Department may determine that previous opportunities for public participation have been adequate to allow the Department to determine whether a final FNSI should be issued.

F. Notification of Public Hearing. If the Department schedules a joint public hearing on the proposed FNSI, the Department will notify the public of the scheduled public hearing by placing a prominent advertisement in at least one newspaper of general circulation in the region affected. The notice shall:

(1) Give the date, time, location, and subject of the hearing; and

(2) Be published at least 20 days before the scheduled hearing.

G. The Department will respond to comments on the proposed FNSI before issuing the final FNSI.

H. Issuance of Final FNSI. If no information is presented that would affect the issuance of the final FNSI, the Department will issue the final FNSI to the applicant.

Md. Code Regs. 26.03.11.08

Regulation .08C, D amended effective May 5, 1997 (24:9 Md. R. 658)