Mississippi Administrative Code › Title 33 - Public Health - Local Governments And Rural Water Systems Improvements Board › Part 2 - Drinking Water Systems Improvements Revolving Loan Fund Program Regulations › Chapter 3 - Project Requirements › Appendix 33-2-3-K - Intergovernmental Review Process

Current through June 25, 2024
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.