Section Env-Dw 1107.03 - Categorical Exclusion (CE) Review(a) The department shall review the proposed project to determine whether the project qualifies for a CE.(b) A CE determination shall be made if the project comprises only: (1) Work on existing facilities where no new disruption of the environment will occur, such as correction of leakage, replacement of pipes in existing rights of way, or replacement or addition of equipment or small new structures on an existing site;(2) Work where only a small disturbance is required to upgrade a facility, such as to install hydrants on existing water mains; or(3) Acquisition of land for SWP purposes.(c) If the department determines that the project qualifies for a CE, the department shall: (1) Prepare a review document describing the basis for its determination; and(2) Forward the document to the New Hampshire office of energy and planning (OEP) for the intergovernmental review process and to the applicant to distribute for review and comment in accordance with Env-Dw 1107.05.(d) At the close of the review and comment period, the department shall make a final determination in accordance with the following: (1) If no significant adverse comments are received, the department shall issue a CE as the final action; or(2) If significant adverse comments are received, the department shall prepare an EA in accordance with Env-Dw 1107.04.(e) The department shall send its final determination in writing to the applicant and to any other person who requested during the public comment period to receive a copy.N.H. Admin. Code § Env-Dw 1107.03
(See Revision Note at chapter heading for Env-Dw 1100) #8702, eff 8-24-06
Amended by Volume XXXV Number 06, Filed February 12, 2015 , Proposed by #10772, Effective 1/24/2015, Expires1/24/2025.