| 5-A. Department site review. Prior to the lease hearing, |
the department shall conduct an assessment of the proposed |
site and surrounding area to determine the possible effects of |
the lease on commercially and ecologically significant flora |
and fauna, possible aesthetic impact created by any activity |
authorized by the lease, possible impact on property values |
for property from which the activities authorized by the lease |
can be seen and conflicts with traditional fisheries. This |
review must take place any time between April 1st and November |
15th. This information must be provided to the intervenors and |
made available to the public 30 days before the hearing. As |
part of the site review, the department shall request |
information from the municipal harbor master about designated |
or traditional storm anchorages in proximity to the proposed |
lease. The commissioner may by rule establish levels of |
assessment appropriate to the scale or potential environmental |
risk posed by a proposed lease activity. The rules must |
provide a method of establishing a baseline to monitor the |
environmental effects of a lease activity. Rules adopted |
pursuant to this subsection are major substantive rules |
pursuant to Title 5, chapter 375, subchapter II-A 2-A. |