Water Quality | Final Environmental Programmatic Environmental Assessment | COSA or Letter of Approval under the Sanitation in Subdivision Act of Montana and PWS Act of Montana to install and operate a Water Well and its Associated Facilities
The Department of Environmental Quality (DEQ) has finalized a programmatic Environmental Assessment (EA) for the drilling of regulated wells and installation of associated facilities at proposed new locations. A programmatic EA is an analysis of the impacts on the quality of the human environment of related actions, programs, or policies (ARM 17.4.603 (15)). A programmatic EA provides coverage, under the Montana Environmental Policy Act (MEPA), for DEQ review of proposed actions anywhere within the state of Montana.
MEPA provides agencies with discretion to determine when preparation of a programmatic EA is appropriate for related actions, programs, or policies. Because the potential impacts resulting from well drilling are not significant and are similar across Montana, DEQ has finalized a programmatic EA that examines the proposed action, alternatives, and impacts that are common to the installation of most wells and associated facilities.
The programmatic EA provides an environmental analysis that the DEQ Subdivisions and Public Water Supply programs may rely on instead of preparing a separate, individual EA for proposed locations of new wells and associated facilities. The programmatic EA does not replace DEQ’s project-specific review of each application or authorize any project. Applicants proposing new wells and/or associated facilities at new locations are still required to submit an application to DEQ for review. DEQ will continue to review applications against the applicable requirement of the Sanitation in Subdivision Act and the public water supply laws.
DEQ conducts a project-specific review under MEPA for each application and determines whether the proposed project falls within the bounds of the programmatic EA using a Categorical Exclusion checklist. DEQ staff complete the checklist as part of their review of each application and review the project-specific details for potential environmental impacts. The Categorical Exclusion checklist screens for extraordinary circumstances and documents DEQ’s determination of whether the proposed project is covered by the programmatic EA. A project that is not covered will require additional MEPA review, as described below. Completed Categorical Exclusion checklists will be available to the public upon a request for public records, which can be submitted online Public Records | Montana DEQ
Applications with anticipated impacts that fall outside the scope of the programmatic EA will require supplemental review by DEQ for those anticipated impacts. DEQ will determine the appropriate level and methods of public notice and comment for any supplemental EA on a case-by-case basis, consistent with the seriousness and complexity of the potential environmental issues and the level of public interest, pursuant to ARM 17.4.610. If DEQ solicits public comment, the department will consider all substantive comments received before determining whether to grant or deny a Certificate of Subdivision Approval (COSA) or Letter of Approval. The final programmatic EA can be found on DEQ website
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Tags: MEPA, Water and Public Notice