NAC445A.67612. Reevaluation of decision by Division regarding final environmental impact statement.

     1. If 5 years or more have passed since the Division has issued its record of decision regarding a final environmental impact statement and the Division has not yet recommended approval to the Board for Financing Water Projects, the Division shall reevaluate its decision, taking into consideration current environmental conditions and public views.

     2. If the Division finds, as a result of its review pursuant to subsection 1, that no significant changes have occurred since the original record of decision was made, the Division shall, before recommending approval of the water project by the Board for Financing Water Projects, issue a notice of its intention not to change the original record of decision. The Division shall:

     (a) Publish the notice at least once in a newspaper of general circulation throughout the area affected;

     (b) Provide the notice to persons potentially affected by the water project, including adjacent landowners;

     (c) Mail the notice to each person included on the mailing list maintained by the Division for the water project;

     (d) Provide the notice to appropriate federal agencies; and

     (e) Submit the notice to the state clearinghouse for review by other state and federal agencies.

     3. The notice must include:

     (a) A description of the proposed water project, including its location;

     (b) Information regarding the availability of the original environmental impact statement;

     (c) The material upon which the Division relied for the issuance of the notice and the address where that material may be reviewed;

     (d) The time allowed for public comments regarding the notice; and

     (e) The address where written comments may be sent.

     4. The period for public comments concerning the notice of the intention of the Division not to change the original record of decision is 30 days after the Division has provided the notice in the manner set forth in subsection 2.

     5. If no significant comments are received by the Division within the time prescribed in subsection 4, the Division may issue its record of decision that the process of environmental review is complete.

     6. If the Division finds, as a result of its review pursuant to subsection 1 or its receipt of information pursuant to subsection 4, that additional information is necessary to supplement the original environmental assessment, the process of environmental review for the water project must comply with the procedure set forth in NAC 445A.67594 to 445A.67612, inclusive.

     (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)