1. (a) The department shall review the proposed project to determine whether the project qualifies for a CE.

2. (b) A CE determination shall be made if the project comprises only:

   1. (1) Work on existing facilities where no new disruption of the environment will occur, such as correction of leakage, replacement of pipes in existing rights of way, or replacement or addition of equipment or small new structures on the site of an existing facility;
   2. (2) Work where only a small disturbance is required, such as to install hydrants on existing water mains; or
   3. (3) Acquisition of land that is needed to complete an eligible project where no infrastructure will be constructed.

3. (c) If the department determines that the project qualifies for a CE, the department shall:

   1. (1) Prepare a review document describing the basis for its determination; and

   2. (2) Publish a notice on its website that contains the following:

      1. a. The name, mailing address, and daytime telephone number including area code of the individual representing the applicant who can answer questions regarding the proposed project;
      2. b. A link to an on-line copy of the CE determination;
      3. c. The name, mailing address, daytime telephone number including area code, and e-mail address of the individual at the department to whom comments should be directed; and
      4. d. The deadline for submitting comments, which shall be no sooner than 10 calendar days from the date on which the notice is published.

4. (d) At the close of the review and comment period, the department shall make a final determination in accordance with the following:

   1. (1) If no significant adverse comments are received, the department shall issue a CE as the final action; or
   2. (2) If significant adverse comments are received, the department shall prepare an EA in accordance with Env-Dw 1108.04.
5. (e) The department shall send its final determination in writing to the applicant and to any other person who requested during the public comment period to receive a copy.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21