NAC445A.67585. Categorical exclusion: Criteria for and effect of granting, reviewing and responding to public comments.

     1. The Division shall grant a categorical exclusion to an applicant if:

     (a) The Division does not receive any significant comments pursuant to the notice it provides pursuant to NAC 445A.67584; and

     (b) The water project is otherwise eligible for the categorical exclusion.

     2. The Division shall review any comments that it receives pursuant to NAC 445A.67584 and respond to any comments which the Division determines are significant before the Division:

     (a) Makes its final determination concerning whether to grant the categorical exclusion; or

     (b) Reaffirms a determination to grant a categorical exclusion that the Division had previously granted pursuant to NAC 445A.67586.

     3. After the Division grants a categorical exclusion, no further action is required by the Division or the applicant concerning the process of environmental review.

     4. If any issues or objections raised pursuant to the comments submitted to the Division pursuant to NAC 445A.67584:

     (a) Are resolved, the Division may grant the categorical exclusion.

     (b) Remain unresolved and the Division determines that a water project is ineligible for a categorical exclusion, the applicant shall prepare an environmental assessment pursuant to NAC 445A.67587.

     (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)