Reasons for Exemption
The Project is categorically exempt from CEQA under Section 15301 (b) and 1 5302(c). These two sections pertain to (1 ) Existing Structures and Facilities and (2)
Replacement and Reconstruction. The Project would involve replacing the existing structure with an inverted siphon to maintain water deliveries. lt would not increase the capacity or affect the actual service-water delivery. Moreover, the project would occupy the same physical footprint as the existing structure. Under Section 15302(c), the Project is exempt so long as it occupy the same overall project site and "have substantially the same-purpose and capacity as the replaced structure.,' ln addition to categorical exemptions, the project is also statutorily exempt under section 15269(b)(c) as an emergency project. The Hell 4 Stout Flume is a publicly owned facility in need of emergency repairs to maintain service. The flume's wooden structure is degraded, and several upslope hazards could fall into the flume and impede or disrupt the delivery of water. NYWD uses the flume to provide water to several rural communities. This constiutes as a
"service essential to the public health, safety, or welfare," of
those affected communities. Therefore, under Section 1 5269(bXc), the project would be exempt.