DOC 335.07(1)(1) Except as provided in s. DOC 335.06 (4), to determine whether a type II action is major and significantly affects the quality of the natural and physical environment of human beings, and to describe alternatives to that action, the department shall conduct an environmental assessment and shall prepare a reviewable record in the form of a concise report. This shall be done as early as possible in the planning process but, in any event, before contracts are signed if the action involves construction. The report shall include:

DOC 335.07(1)(a)(a) A description of the proposed action, to include the purpose of the action and need for the action;

DOC 335.07(1)(b)(b) A description of those elements of the environment of human beings which are affected by the proposed action;

DOC 335.07(1)(c)(c) Identification and discussion of the most significant effects on the environment that can be reasonably foreseen if the proposed action is carried out. “Effects” are of 2 types:

DOC 335.07(1)(c)1.1. Primary effects are those on the resources of water, air, land, plants, animals, energy use, historic properties, wilderness, vistas, and tranquillity which is affected by noise. Primary effects also include those on society and economy, but only when the effects on society and economy are inter-related with the foregoing resources.

DOC 335.07(1)(c)2.2. Secondary effects are, in relation to primary effects, the foreclosure of future options, establishment of precedents, cumulative impacts when actions of the type are repeated, stimulation of indirect effects, conflicts with official plans of public agencies or with policies of governments at any level, and significant controversy that may be or is generated by the proposed action.

DOC 335.07(1)(d)(d) A consideration of reasonable alternatives to the proposed action, including the alternative of no action, and the identification of the significant environmental effects of these alternatives when they differ from the anticipated impacts of the proposed action; and

DOC 335.07(1)(e)(e) A list of agencies and persons consulted, with synopses of the comments and other pertinent information provided by these agencies and persons.

DOC 335.07(2)(2) Where proposed actions are likely to be repeated on a recurring basis or where they have relevant similarities such as common timing, impacts, alternatives, methods of implementation, or subject matter, a generic EA may be prepared. The department shall, when addressing a single action already covered by a generic EA, consider the relevance of the generic EA to the specific action.

DOC 335.07(3)(a)(a) The department shall develop a notice that the EA has been prepared and is available for review, which shall include the following information:

DOC 335.07(3)(a)4.4. The name of a contact person within the department who can supply copies of the EA and can answer questions about it; and

DOC 335.07(3)(a)5.5. The latest date on which the department will accept and consider comments before making a final decision on the need for an EIS.

DOC 335.07(3)(b)(b) The department shall send copies of the notice to all individuals, agencies, and organizations that have requested notification of the EA or of all EAs and, in the case of a project in a particular area of the state, to appropriate news media in the vicinity of the project. The department may also publish the notice in the Wisconsin Administrative Register.

DOC 335.07(3)(c)(c) Following the deadline for receipt of public comment on the EA, the department shall review the EA, consider the comments received on it, make modifications judged necessary, and approve the EA which shall include a finding either of no significant impact or of the need for an EIS.

DOC 335.07(4)(4) If a finding is made in the EA of no significant impact, no EIS shall be required, the environmental review is complete and the original EA shall then be filed in the department’s offices in Madison, Wisconsin and at the county clerk, city clerk or town clerk in the area of the project. Such a finding shall be the final decision of the department which may be appealable as a contested case under ch. 227, Stats.

DOC 335.07(5)(5) If a finding is made in the EA that an EIS is required for the proposed action, the department shall proceed with preparation of an EIS.

DOC 335.08(1)(1) Scoping.

DOC 335.08(1)(a)(a) As soon as possible after the decision to prepare an EIS, the department shall inform the public and affected or otherwise interested agencies that an EIS will be prepared and that the process of identifying impacts and alternatives to be analyzed in the EIS is beginning.

DOC 335.08(1)(b)(b) The scoping process shall include, to the extent possible, affected federal, state and local agencies, any affected Indian tribe, and other interested persons. The process may consist of meetings, hearings, workshops, surveys, questionnaires, interagency committees, or other appropriate methods or activities, and may be integrated with other public participation requirements.

DOC 335.08(1)(c)1.1. Determine the parameters of the EIS and the significant issues to be analyzed in depth in the EIS; and

DOC 335.08(1)(c)2.2. Identify and eliminate from detailed study the issues which are not significant or which have been covered by prior environmental impact analyses. This will permit limiting the discussion of these issues in the EIS to a brief presentation about why they are not significant for the human environment or to references to other documents in which these issues are discussed.