NAC445A.67595. Environmental impact statement: Public notice; meeting of interested parties; preparation of draft.

     1. After the Division determines that it shall require an applicant to prepare and submit an environmental impact statement for a proposed water project, the Division shall provide notice of its intent to require the applicant to prepare an environmental impact statement.

     2. The notice provided pursuant to subsection 1 must be:

     (a) Published at least once in a newspaper of general circulation throughout the area affected;

     (b) Provided to persons who are potentially affected by the water project, including, without limitation, adjacent landowners;

     (c) Mailed by the Division to each person included on a mailing list maintained by the Division for the water project;

     (d) Provided to appropriate federal agencies; and

     (e) Submitted to the state clearinghouse for review by other federal and state agencies.

     3. The notice issued pursuant to subsection 1 must include, without limitation:

     (a) A description and location of the proposed water project;

     (b) Reasons supporting the Division’s determination to require the applicant to prepare and submit an environmental impact statement for the proposed water project; and

     (c) The address of the applicant so that interested persons can file comments or inquire about the time and location of any meetings which are scheduled to discuss alternatives to the proposed water project.

     4. As soon as possible after the Division provides the notice required pursuant to subsection 1, the applicant shall convene a meeting of affected federal, state and local agencies, affected Indian tribes, the Division and any other interested party to determine the scope of the environmental impact statement.

     5. At the meeting that the applicant convenes pursuant to subsection 4, the applicant shall:

     (a) Determine the significant issues that the applicant will need to analyze in depth in the environmental impact statement;

     (b) Identify the range of alternatives to his or her proposed water project that the applicant must consider;

     (c) Identify any agencies that may have an interest in the environmental impact statement and the information that the applicant may need from each agency; and

     (d) Discuss the method that the applicant will use to:

          (1) Prepare the environmental impact statement; and

          (2) Ensure public participation.

     6. As soon as possible after the meeting required pursuant to subsection 5, the applicant shall document as part of the environmental impact statement:

     (a) The issues concerning the proposed water project that were raised at the meeting;

     (b) An evaluation of any viable methods of addressing the issues raised at the meeting;

     (c) Any additional issues that are raised while evaluating the issues raised at the meeting and an evaluation of any viable methods of addressing these new issues; and

     (d) Any issues raised at the meeting that the applicant decides are not relevant to his or her water project.

     7. The applicant shall prepare, or have prepared, a draft environmental impact statement for the water project. The applicant shall pay the costs of preparing the draft environmental impact statement.

     8. If a federal agency is required by law to prepare an environmental impact statement, the Division and the applicant are not required to pay the costs of preparing the environmental impact statement and shall cooperate with the federal agency in preparing the statement.

     (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98)