N.H. Code Admin. R. Env-Dw 1107.06

Current through Register No. 25, June 20, 2024

Section Env-Dw 1107.06 - Department Decision

(a) At the close of the review and comment period for a preliminary CE determination, the department shall make a determination in accordance with Env-Dw 1107.03(d).

(b) At the close of the review and comment period for an EA, the department shall make a determination in accordance with the following:

(1) If no significant adverse comments are received, the department shall issue a FNSI as the final action; or

(2) If significant adverse comments are received, the department shall direct the applicant to convene a public information meeting as follows:

a. If the applicant is an agency of the state, the meeting shall be convened as a non-adjudicative proceeding in accordance with the agency's rules;

b. If the applicant is a political subdivision of the state, the meeting shall be convened in accordance with RSA 91-A and any other applicable local requirements; and

c. If the applicant is other than a state agency or a political subdivision of the state, the meeting shall be convened in accordance with the applicant's by-laws or, if the by-laws do not contain procedures for public hearings, in accordance with the procedures for non-adjudicative hearings as specified in Env-C 200.

(c) Within 60 days of the public information meeting conducted pursuant to (b)(2), above, the department shall assess the comments and issue a written decision containing one of the following determinations:

(1) The department shall issue a FNSI if the department finds that:

a. The comments received do not indicate that the proposed project will actually have a significant adverse impact on the environment;

b. The benefit to the environment conferred by the project as proposed outweighs any significant adverse impact on the environment caused by the project as proposed; or

c. Any significant adverse impact on the environment caused by the project as proposed has been or will be addressed through another permit issued by the department, the Army Corps of Engineers, or EPA;

(2) If the department finds that the project will have a significant adverse impact on the environment that could be lessened or eliminated by implementing an alternative proposal, the department shall order the applicant to re-review the proposed project to identify an alternative with less environmental impact;

(3) If the department finds that the project will have a significant adverse impact on the environment that could be lessened or eliminated by modifying the project as proposed to incorporate mitigating procedures, the department shall require mitigating procedures to be implemented as a condition of receiving financial assistance from the DWSRF; or

(4) If the department finds that the project will have a significant adverse impact on the environment that cannot be lessened or eliminated by implementing an alternative proposal or by incorporating mitigating procedures, the department shall:

a. Direct the applicant to initiate an EIS in accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. §4332, and procedures established at 40 CFR 1502 et seq.; and

b. Require the applicant to use a private consultant if the department finds that the applicant does not possess the requisite technical resources to prepare the EIS without the aid of a private consultant.

N.H. Code Admin. R. Env-Dw 1107.06

(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.