Section Env-Wq 508.03 - 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 infiltration and inflow, replacement of equipment, or addition of small new structures on site; or(2) Work where only a small disturbance is required, such as for upgrades, and no increase or expansion is planned.(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) Publish a notice on its website that contains the following:a. The name, mailing address, and daytime telephone number of the individual representing the applicant who can answer questions regarding the proposed project;b. A link to an on-line copy of the CE determination or the name and daytime telephone number of the individual to contact to obtain a copy of the determination;c. The name, mailing address, daytime telephone number, and e-mail address of the individual at the department to whom comments should be directed; andd. The deadline for submitting comments, which shall be no sooner than 10 days from the date on which the notice is published.(d) If comments are received by the department prior to the deadline specified in the notice that provide a reasonable basis for revisiting the CE determination, the department shall prepare an EA in accordance with Env-Wq 508.04.(e) The department shall notify the applicant in writing if a determination is made to prepare an EA.N.H. Admin. Code § Env-Wq 508.03
(See Revision Note #1 at chapter heading for Env-Wq 500) #8883, eff 5-8-07; (See Revision Note #2 at chapter heading for Env-Wq 500) ss by #9394, INTERIM, eff 3-1-09; ss by #9531, eff 8-26-09
Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10984, Effective 12/1/2015, Expires12/1/2025.Amended by Number 2, Filed January 12, 2023, Proposed by #13511, Effective 12/20/2022, Expires 12/20/2032.