Current through September 16, 2024
1. To determine whether a water project is
eligible for a categorical exclusion, the Division shall review the information
included in the letter of intent filed by the applicant pursuant to NAC
445A.67578.
2. The following types
of water projects may be eligible for a categorical exclusion:
(a) The rehabilitation of an existing
facility;
(b) The replacement of
equipment or structures;
(c)
Construction of a small structure on an existing site;
(d) Minor upgrading or expansion of the
existing capacity of:
(1) The distribution
system of a public water system; or
(2) A public water system to develop and
treat water; or
(e) Any
other water project for which there is sufficient evidence that a significant
effect on the quality of the environment is unlikely.
3. The following types of water projects are
ineligible for a categorical exclusion:
(a) A
water project that creates a new source of water supply;
(b) A water project that results in more than
a minor increase in the capacity of:
(1) The
distribution system of a public water system; or
(2) A public water system to develop and
treat water;
(c) A water
project that is known or expected to have a significant effect on the quality
of the human environment, regardless of whether the project:
(1) Will have an immediate significant effect
on the environment; or
(2) Will
cause the significant effect cumulatively over time,
individually or in conjunction with other private actions or
federal, state or local governmental actions;
(d) A water project that is known or expected
to affect directly or indirectly:
(1)
Recognized cultural resources;
(2)
Habitats of endangered or threatened species; or
(3) Environmentally important natural
resource areas, including, without limitation:
(I) Floodplains;
(II) Wetlands;
(III) Important farmlands;
(IV) Aquifer recharge zones;
(V) Scenic areas; or
(VI) Other resource areas;
(e) A water project
that is known or expected not to be cost-effective or cause significant public
controversy concerning the natural environment; or
(f) A water project that would qualify for a
categorical exclusion pursuant to the provisions of subsection 2 but may have a
significant effect on the environment.
4. As used in this section, "capacity" means
the physical or volumetric ability of the water system to deliver water to
consumers.
Added to NAC by Bd. of
Health by R067-98, eff. 7-23-98; A by Environmental Comm'n by R128-04,
2-14-2005
NRS
445A.270,
445A.295
