Final Decision Document

Framework for Dredged Material Management

May 2004

7.3 Final Decision Document

The completion of the NEPA process is documented in two ways depending upon

the determination of significance of impacts associated with the proposed activity. The

FONSI is prepared when an EA determines that preparation of an EIS is unnecessary.

The FONSI is the environmental decision document. In addition, a Statement of Findings

(SOF) is typically prepared upon completion of the evaluation process, including required

coordination, receipt or waiver of required certifications, and completion of appropriate

environmental documentation (e.g., the EA/FONSI and 404/103 evaluations). When an

EIS is prepared, a ROD is prepared which specifies the entire recommended action,

alternatives considered, and any comments that were received on the final EIS. The ROD,

not the final EIS, is the decision document. Typically the ROD is prepared in lieu of the

SOF, provided that the substantial parts of 33 CFR 337.6 are included in the ROD. These

documents are signed at various levels within the USACE structure and allow the

USACE to proceed with the proposed action. Preparation of the FONSI, ROD, and SOF

(if appropriate) typically occur after USEPA has provided comments on draft and/or final

documents. Copies of the FONSI and/or ROD should routinely be provided to the

USEPA NEPA review office as well as CWA/MPRSA program office.

The Public Notice also provides the formal opportunity for USEPA to exercise its

statutory environmental oversight under the CWA and MPRSA. Because of shared

enforcement responsibilities under the CWA and MPRSA between the USACE and

USEPA, coordinating permit conditions or management restrictions is a good practice.

Each USACE District and USEPA region should have acceptable arrangements and

practices that do not burden or delay the process.