N.H. Code Admin. R. Env-Wq 508.06

Current through Register No. 25, June 20, 2024

Section Env-Wq 508.06 - Department Decision

(a) 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 comments are received that establish a reasonable basis for concluding that the project might have a significant adverse impact on the environment, the department shall issue a FNSI as the final action; or

(2) If comments are received that establish a reasonable basis for concluding that the project might have a significant adverse impact on the environment, the department shall direct the applicant to convene a public information meeting in accordance with applicable requirements, including RSA 91-A for governmental entities.

(b) Within 60 days of the public information meeting conducted pursuant to (a)(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 either 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 public health or 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 is likely to 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 CWSRF; 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. §§ 4321 - 4370f., and EPA procedures; 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-Wq 508.06

Derived From 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.