CHAPTER Env-Wq 1500 ALTERATION OF TERRAIN
Statutory Authority: RSA 485-A:6, VIII; RSA 485-A:17
Revision Note #1:
Document #9343, effective 1-1-09, readopted with amendments
and redesignated former Part Env-Ws 415 entitled “Permits for RSA 485-A:17
Activities” as Chapter Env-Wq 1500, pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on
9-7-05 and changed the chapter heading to Alteration of Terrain. Document #9343 replaced all prior filings in
the former Env-Ws 415.
The prior filings for former Env-Ws 415 included the
following documents:
#1751, eff 5-4-81
#2670, eff 4-12-84, EXPIRED: 4-12-90
#4833, eff 6-4-90
#6261, INTERIM, eff 6-1-96, EXPIRED: 9-29-96
#6346, eff 10-1-96, EXPIRED: 10-1-04
#8191, INTERIM, eff 10-20-04, EXPIRES: 4-18-05
#8290, eff 2-24-05
Revision Note #2:
Document #9817-A, effective 12-1-10, adopted, amended, or
readopted with amendments selected rules in Env-Wq 1501 through Env-Wq 1504,
Env-Wq 1507, and Env-Wq 1508. The
new rules adopted in #9817-A are Env-Wq 1501.03, Env-Wq 1503.32, and Env-Wq
1504.04. The adoption of new rules
required the renumbering of existing rules in Env-Wq 1500, including rules with
amendments in Document #9817-A and rules which were not in Document
#9817-A. The source notes for rules
renumbered by Document
#9817-A indicate the former rule number. The source notes for rules only
renumbered, but not amended or readopted, by Document #9817-A do not have the
effective date of Document #9817-A.
Document #9817-A readopted with amendments and renumbered
most of the former Env-Wq 1503.21 as Env-Wq 1503.21 and Env-Wq 1503.22.
Document #9817-A also readopted with amendments and renumbered most of the
former Env-Wq 1503.22 and Env-Wq 1503.23 as Env-Wq 1503.23 through Env-Wq
1503.26, and Env-Wq 1503.28.
Document #9817-B, effective 12-1-10, readopted with
amendments and renumbered the former Env-Wq 1503.21(f), Env-Wq 1503.22(b), and
Env-Wq 1503.23(b) in a new rule numbered Env-Wq 1503.27.
Revision Note #3:
Document #12342, effective 8-15-17, adopted, readopted, or
readopted with amendments all of the rules in Chapter Env-Wq 1500 and required
renumbering of many existing rules in that chapter, including the former rule
Env-Wq 1507.08 Long-Term Maintenance was readopted with amendments and
renumbered as Env-Wq 1507.07, which had been a reserved number. Former Env-Wq 1508.04 Stormwater Treatment
Practices: Stormwater Wetlands was
readopted with amendments and renumbered as two rules—Env-Wq 1508.04 Stormwater
Treatment Practices: Stormwater Wetlands
and Env-Wq 1508.05 Stormwater Treatment Practices: Gravel Wetlands. The
source notes for rules renumbered by Document #12342 indicate the former rule
number. The rules in former Chapter
Env-Wq 1500 which had last been filed under Document #9343, effective 1-1-09,
did not expire on 1-1-17 but were extended pursuant to RSA 541-A:14-a until
replaced by the rules in Document #12342, effective 8-15-17, which replaces all prior filings
for rules in former Env-Wq 1500.
The new rules adopted by
Document #12342 include the following definitions in Env-Wq 1502:
Env-Wq 1502.04 “Applicant”
Env-Wq 1502.05 “Agent”
Env-Wq 1502.18 “Earth
material”
Env-Wq 1502.22 “Extended
detention”
Env-Wq 1502.45 “Owner”
Env-Wq 1502.46 “Person”
Env-Wq 1502.47 “Personal
agricultural activities”
Env-Wq 1502.69 “Temporary
diversion practice”
The following substantive rules were adopted or inserted as
amendments to Env-Wq 1500 by Document #12342:
Env-Wq 1504.16 Erosion Control Notes.
Env-Wq 1504.17 Blasting Plan Notes.
Env-Wq 1505.02 Required Construction Practices.
Env-Wq 1506.12 Sediment Control Methods: Temporary Stormwater Diversion.
Env-Wq 1510 BEST MANAGEMENT PRACTICES FOR BLASTING
PART Env-Wq 1501 PURPOSE AND APPLICABILITY
Env-Wq
1501.01 Purpose. The purpose of these rules is to implement
the intent of RSA 485-A:1 to protect drinking water supplies, surface waters,
and groundwater by specifying the procedures and criteria for obtaining permits
required by RSA 485-A:17.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1501.02 Applicability.
(a) These rules shall apply to any person
proposing to undertake any of the following activities, whether as part of
developing undeveloped land or redeveloping previously-developed land:
(1) Dredging,
excavating, placing fill, mining, transporting forest products, or undertaking
construction in or on the borders of surface waters of the state; or
(2)
Significantly altering the characteristics of the terrain in such a
manner as to impede the natural runoff or create an unnatural runoff.
(b) The design standards in this chapter shall apply to:
(1) Any
application filed after the 2017 effective date of this chapter; and
(2) Any
application filed prior to the 2017 effective date of this chapter that is not
complete, as determined under Env-Wq 1503.13, as of the 2017 effective date of
this chapter, regardless of when the completeness determination is made.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1501.03 Calculation of Time.
(a) Subject to (b), below, if any deadline or
time period established in these rules falls or ends on a Saturday, Sunday, or
other day on which state offices are closed, the deadline or time period shall
be extended to the first following day on which state offices are open.
(b) A deadline or time period established by
statute shall be extended only if the statute expressly provides for such an
extension.
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1500) #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See Revision Note
#3 at chapter heading for Env-Wq 1500)
PART Env-Wq 1502
DEFINITIONS
Env-Wq
1502.01 “100-year floodplain” means
those areas identified as a 100-year floodplain on the Federal Emergency
Management Agency (FEMA) Flood Insurance Rate Maps.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1502.02 “Alteration of terrain (AOT) permit” means a
permit issued under RSA 485-A:17 for projects that require a permit and do not
qualify for a general permit by rule or a timber harvesting permit by rule.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1502.03 “Antidegradation” means the
provisions of the surface water quality standards that maintain and protect
existing water quality and uses.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1502.04 “Applicant” means a person
having a legally-recognized interest in the land on which the work to be
covered by an AOT permit will occur that is sufficient for the person to have,
or to obtain, an enforceable proprietary interest in the property and legally
proceed with the work if an AOT permit is issued.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1502.05 “Agent” means a person who has
been duly authorized in writing by an applicant, owner, or permit holder, as
applicable, to:
(a) Take any action this chapter requires the
applicant, owner, or permit holder, as applicable, to take; and
(b) Interact with the department regarding the
application or project, as applicable.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1502.06 “Assimilative capacity” means
the amount of a pollutant that can be added to a waterbody without causing
violations of applicable water quality criteria.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.04) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.07 “Bioretention system” means a
shallow vegetated depression that retains stormwater for treatment by flowing
through a filtering media.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.05) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.08 “Borrow area” means an area
where earth material is removed to be used in other areas for construction
purposes.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.06) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.09 “Bulk plant or terminal” means
that portion of a property where petroleum products or hazardous waste liquids
are received by tank vessel, pipeline, tank car, or tank vehicle and are stored
or blended in bulk for the purpose of distributing such liquids by tank vessel,
pipeline tank car, tank vehicle, portable tank, or container.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.07) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.10 “Certified professional erosion
and sediment control specialist (CPESC specialist)” means an individual
certified by EnviroCert International, Inc.® as competent to develop and
implement erosion and sediment control practices.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.08) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.11 “cHECK-RAS” means the program
developed by FEMA to verify the validity of an assortment of parameters found
in the U.S. Army Corps of Engineers (USACE) HEC-RAS hydraulic modeling program,
which can be downloaded for free at https://www.fema.gov/check-ras-hec-ras-validation-tool.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.09) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.12 “Community public water supply
well” means an active well used as a source by a community water system as
defined in RSA 485:1-a, I.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.10) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.13 “Curve number (CN)” means a
numerical representation used to describe the stormwater runoff potential for a
given drainage area based on land use, soil group, and soil moisture, derived
as specified by the U.S. Department of Agriculture (USDA), Natural Resources
Conservation Service (NRCS).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.11) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.14 “Department” means the department of
environmental services.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.12) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.15 “Detention basin” means a
structure designed to hold stormwater.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.13) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.16 “Disconnected impervious cover”
means impervious cover that directs stormwater runoff to on-site pervious cover
to infiltrate into the soil or be filtered by overland flow such that the
stormwater does not contribute directly to runoff from a site, such that the
net rate and volume of stormwater runoff from the disconnected impervious cover
is not greater than the rate and volume from undisturbed cover of equal area.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.14) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.17 “Dredge” as a verb means to make
a body of water such as a lake, river, channel, harbor, or other area of
surface water or wetlands wider, deeper, or cleaner by the removal of sand,
silt, mud, rock, or other such material.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.14) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.18 “Earth material” means sand,
silt, soil, mud, gravel, rock, or other such naturally-occurring material.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1502.19 “Earth moving” means filling,
grading, dredging, mining, excavation, construction, removal of topsoil,
removal of stumps, stockpiling of earth material, or any other activity that
results in a change to the preexisting ground conditions or contours, or both.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.16) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.20 “Effective impervious cover”
means all impervious cover that is not disconnected impervious cover.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.17) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.21 “Excavate” means to remove earth
material from any land area.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.18) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.22 “Extended detention” means the
temporary storage of a portion of the water quality volume (WQV) when the WQV
is greater than the permanent pool storage volume within a stormwater
management system.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1502.23 “Fill” as a noun means any earth material or
other material that has been deposited or caused to be deposited by human
activity.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.19) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.24 “Filtering practice” means a
method that captures and temporarily stores the water quality volume and passes
it through a bed of treatment media, including but not limited to earth
material, to remove pollutants from the water.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.20) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.25 “Forest buffer” means a wooded
area of land with a canopy cover and an undisturbed layer of vegetation
covering the natural land surface.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.21) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.26 “General permit by rule” means
authorization to undertake alteration of terrain activities as specified in
Env-Wq 1503.03.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.22) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.27 “Gravel wetland” means a
horizontal-flow filtration system that relies on a dense root mat, crushed
stone, and a microbe rich environment to treat stormwater.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.23) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.28 “Groundwater protection areas”
means:
(a)
Wellhead protection areas for an active community and non-transient,
non-community public water supply wells; and
(b)
Areas of groundwater reclassified as GA1 or classified as GA2 pursuant
to RSA 485-C and Env-Dw 901 or predecessor rules in Env-Ws 420.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.24) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.29 “Groundwater recharge volume
(GRV)” means the volume of water to be infiltrated at a site subsequent to
development.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.25) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.30 “High-load area” means a land
use or activity listed in (a) or (b), below, unless a source control plan for
the site on which the use or activity occurs demonstrates that there will be no
exposure of regulated substances to precipitation or runoff and no release of
regulated substances from any portion of the site:
(a)
Any land use or activity in which regulated substances are exposed to
rainfall or runoff with the exception of areas where the only regulated
substance exposed to rainfall or runoff is road salt that has been applied for
deicing of pavement on the site; or
(b)
Any land use or activity that typically generates higher concentrations
of hydrocarbons, metals, or suspended solids than are found in typical
stormwater runoff, including but not limited to the following:
(1) Industrial facilities subject to the NPDES
Multi-Sector General Permit, not including areas where industrial activities do
not occur, such as at office buildings and their associated parking facilities
or in drainage areas at the facility where a certification of no exposure
pursuant to 40 CFR §122.26(g) will always be possible;
(2) Petroleum storage facilities;
(3) Petroleum dispensing facilities;
(4) Vehicle fueling facilities;
(5) Vehicle service, maintenance and equipment
cleaning facilities;
(6) Fleet storage areas;
(7) Public works storage areas;
(8) Road salt facilities;
(9) Commercial nurseries;
(10) Non-residential facilities having uncoated
metal roofs with a slope flatter than 20%;
(11) Facilities with outdoor storage, loading, or
unloading of hazardous substances, regardless of the primary use of the
facility; and
(12) Facilities subject to chemical inventory
under Section 312 of the Superfund Amendments and Reauthorization Act of 1986
(SARA).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.26) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.31 “Hydrologic Engineering Centers
River Analysis System (HEC-RAS)” means a hydraulic modeling program developed
by the US Army Corps of Engineers to perform one-dimensional hydraulic
calculations for natural and constructed channels, which can be downloaded for
free at http://www.hec.usace.army.mil/software/hec%2Dras/.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.27) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.32 “Impervious cover” means a
structure or a land surface with a low capacity for infiltration, including but
not limited to compacted soils with a curve number of 98 or greater, pavement,
roofs, roadways, and driveways.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (formerly
Env-Wq 1502.28) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.33 “In or on the borders of surface
waters of the state” means at or below the high water mark of any surface
water, or on any land within such a distance of a surface water that direct or
immediate water quality degradation could result from the activities occurring
on the land.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.29) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.34 “Infiltration basin” means an
in-ground or underground basin to which runoff is discharged that contains
water while it percolates into the surrounding soil.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.30) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.35 “Infiltration trench” means an
in-ground or underground trench filled with stone to which runoff is either
piped directly or flows overland, from which the water percolates into the
surrounding soil.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.31) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.36 “Infiltration practice” means a
method that captures and temporarily stores the water quality volume in order
to allow it to infiltrate into the soil, such as an infiltration basin or
infiltration trench.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.32) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.37 “In-ground basin” means a basin
that is in the ground but open to the atmosphere.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.33) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.38 “Land surface” means the exposed
surface of any land area including road surfaces, parking lots, air strips,
shopping centers, roofs, and any other surface, whether in a natural or
developed state.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.34) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.39 “Larger plan of development”
means a project in which:
(a) Different parts of the property or properties
are planned to be developed, or actually are developed, in geographical or
time-based phases, excluding single family or duplex residential subdivisions
in which individual lots will be developed independently of the subdivision’s
infrastructure and each other; and
(b) The total contiguous area to be disturbed, as
determined pursuant to Env-Wq 1503.12, will be:
(1) For properties not within the protected
shoreland as defined in RSA 483-B, less than 100,000 square feet; or
(2) For properties within the protected shoreland
as defined in RSA 483-B, less than 50,000 square feet.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500); ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (formerly
Env-Wq 1502.35) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.40 “Meadow buffer” means a land
area that has a dense cover of tall grasses or a combination of grasses and
shrubs or trees, that is maintained as a meadow.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.36) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.41 “National Flood Frequency
program (NFF)” means a regression equation program developed by US Geological
Survey that estimates flood-peak discharges for every state, which can be downloaded
for free at http://water.usgs.gov/software/nff.html.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.37) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.42 “Non-community public water
supply well” means an active well used as a source by a non-community water
system as defined in RSA 485:1-a, X.
Source. (See Revision Note #1 at chapter heading for Env-Wq
1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.38)
(See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.43 “Non-transient, non-community
public water supply well” means an active well used as a source by a
non-transient, non-community water system as defined in RSA 485:1-a, XI.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.39) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.44 “Normal agricultural operations”
as used in RSA 485-A:17 and this chapter means those activities that are
customary to, and necessary to sustain, an agricultural operation as described
in RSA 21:34-a, II. The term does not
include personal agriculture activities but does include constructing
farming-related structures, constructing farming-related roads, and preparing
land for agricultural operations by removing trees, stumps, rocks and boulders
that can be removed without blasting, and structures, or any combination
thereof, from land that is not wetland, provided:
(a) The activities:
(1) Are not part of a larger plan of development
for a purpose other than agriculture in whole or in part;
(2) Will not alter the terrain so as to impede
natural runoff or create an unnatural runoff, other than temporary impacts
associated with allowable construction; and
(3) Are not timber harvesting operations as
covered by RSA 485-A:17, IV; and
(b) The activities:
(1) Would not convert more than 10,000 square
feet from pervious to impervious cover; or
(2) Are part of a farm conservation plan that has
been approved by the NRCS, in which case not more than 20,000 square feet may
be converted from pervious to impervious cover.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.40) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.45 “Owner” means the person who holds
record title to the property on which the work for which RSA 485-A:17 requires
a permit has occurred or is proposed to occur.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1502.46 “Person” means “person” as
defined in RSA 485-A:2, IX, as reprinted in Appendix C.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1502.47 “Personal agricultural
activities” means activities relating to maintaining livestock, producing food
or fiber, or floriculture that are undertaken primarily for personal use.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1502.48 “Pollutant” means “waste” as
defined by RSA 485-A:2, XVI, including but not limited to sediments, total
suspended solids (TSS), phosphorus, nitrogen, metals, pathogens, dissolved
substances, floatable debris, and oil and other petroleum products.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.41) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.49 “Private water supply well”
means a water supply well as defined in RSA 482-B:2 that is currently used as a
source of water for human consumption and is not a public water supply well.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.42) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.50 “Public water supply well” means
an active well used as a source by a public water system.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.43) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.51 “Public water system” means
“public water system” as defined in RSA 485:1-a, XV, as reprinted in Appendix
C.
Source. (See Revision Note #1 at chapter heading for Env-Wq
1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.44)
(See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.52 “Qualified engineer” means an individual
licensed under RSA 310-A to practice as a professional engineer in New
Hampshire, who is competent to practice in the area of civil engineering.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.45) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.53 “Receiving waters” means a
river, stream, lake, pond, wetland, or any other surface water into which
runoff is discharged.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.46) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.54 “Regulated substance” means
“regulated substance” as defined in Env-Wq 401.03(h).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.47) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.55 “Runoff” means any water on or
flowing on or across the land surface.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.48) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.56 “Seasonal high water table
(SHWT)” means the level at which the uppermost soil horizon contains 2% or more
distinct or prominent redoximorphic features that increase in percentage with
increasing depth.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.49) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.57 “Sediment forebay” means a pool at
the inlet end of a treatment structure that allows for initial settling of
solids and even distribution of flow.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.50) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.58 “Significantly alter the characteristics
of the terrain” means to undertake any activity anywhere in the state that
changes or disturbs the terrain so as to impede the natural runoff or create an
unnatural runoff that has the potential to adversely affect water quality in
surface waters of
the state. Examples of activities
that significantly alter the characteristics of the terrain include, but are
not limited to:
(a) Timber harvesting operations as covered by
RSA 485-A:17, IV; and
(b)
Earth moving activities that result in a temporary or permanent
disturbance of:
(1) An area that:
a. Is more
than 2,500 square feet in size;
b. Is
within 50 feet of any surface water;
c. Is sloped such that runoff is in the
direction of the surface water; and
d. Is subject to runoff
over 50 feet or more of land having a grade of 25% or greater when measured at
2-foot intervals; or
(2) An area that, over a 10 year period, cumulatively
exceeds 100,000 square feet of contiguous area or cumulatively exceeds 50,000
square feet of contiguous area if any portion of the disturbance is within the
protected shoreland as defined in RSA 483-B.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) amd by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq
1502.51) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.59 “Site specific permit” means a
permit issued by the department pursuant to RSA 485-A:17 under Env-Ws 415 as in
effect immediately prior to the 2009 effective date of Env-Wq 1500, equivalent
to an alteration of terrain permit.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.52) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.60 “Slope” means the incline of a
land area expressed as the ratio of horizontal distance to vertical distance.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.53) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.61 “Stabilized” means in a condition
in which the soils on the site will not erode under the conditions of a 10-year
storm.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.54) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.62 “Stormwater pond” means an
artificial structure that is designed to capture runoff, which includes a
permanent pool of water and which may include extended detention.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.55) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.63 “Stormwater management system”
means the totality of stormwater treatment practices, stormwater conveyances,
and groundwater recharge practices.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.56) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.64 “Stormwater wetland” means a
man-made area designed to mimic the ability of a natural wetland to capture and
treat runoff, that includes one or more areas of shallow marsh and that also
can incorporate one or more small permanent pools, extended detention storage
areas, or multi-cell submerged gravel wetlands, or any combination thereof.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.57) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq 1502.65 “Substratum” means the part of the soil below
the layer(s) of the soil profile in which the processes of soil formation are
active.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.58) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.66 “Surface filter” means a
filtering practice that treats stormwater by settling out larger particles in a
sediment chamber and then filtering stormwater through a filter media.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.59) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.67 “Surface water quality standards
(SWQ standards)” means the combination of designated uses of surface waters and
the water quality criteria for such surface waters based upon such uses as
described in RSA 485-A:8-12 and Env-Wq 1700.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.73) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.68
“Surface waters of the state” means surface waters of the state as
defined in RSA 485-A:2, XIV, as reprinted in Appendix C. For purposes of this chapter, the term
includes all areas
regulated under RSA 482-A.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.60) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.69
“Temporary diversion practice” means a method that directs stormwater
runoff away from disturbed, unstabilized land surfaces, such as a trench or
channel.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1590) #12342, eff 8-15-17
Env-Wq 1502.70 “Timber
harvesting operations” means silviculture activities that have the potential to
result in a significant alteration of the characteristics of the terrain,
including but not limited to the cutting and removal of forest products,
skidding, and the construction of bridges, fords, culverts, roads and
landings. The term does not include the
removal of timber or cordwood or other forest products for non-commercial
personal use.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.61) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.71 “Timber harvesting permit by
rule” means authorization to undertake timber harvesting operations as
specified in Env-Wq 1503.04.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.62) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.72 “To mine” means to remove usable
earth materials by excavating, dredging, blasting, or any other means
which significantly alters the characteristics of the terrain or occurs in or
on the borders of surface waters of the state.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.63)
(See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.73 “Total impervious cover” means
the sum of disconnected impervious cover plus effective impervious cover.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.64) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.74 “To transport
forest products” means to move or convey timber and related products within an
area bounded by permanent roadways.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.65) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq 1502.75 “To undertake construction” means to perform
any fabrication of any structure or any appurtenance to a structure, or any
activity preliminary to fabricating such structure or appurtenance, such as earth
moving, that involves a significant alteration of the characteristics of
the terrain or that
occurs in or on the borders of surface waters of the state.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.66) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.76 “Underground filter” means a
filtering practice that treats stormwater as it flows through underground
settling chambers and filter media.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.67) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.77 “Undisturbed cover” means a natural
land surface whose permeability has not been altered by human activity.
Source. (See Revision Note #1 at chapter heading for Env-Wq
1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.68)
(See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq 1502.78 “Vegetated filter strip” means an area of land
with natural or planted vegetation designed to receive sheet runoff from up-gradient development.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.69) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.79 “Water quality inlet” means an
underground, multi-chambered tank designed to remove sediments from and reduce
the amount of floatable solids in runoff.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.70) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.80 “Water quality depth” means the
depth associated with the water quality volume.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.71) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.81 “Water quality flow (WQF)” means
the peak flow rate associated with the water quality volume.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.72) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.82 “Water quality volume (WQV)”
means the volume of water equivalent to the volume of
runoff attributable to the first one inch of rainfall.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.74) (See Revision Note #3 at chapter heading for Env-Wq 1590)
Env-Wq
1502.83 “Wellhead protection area
(WHPA)” means “wellhead protection area” as defined in RSA 485-C:2, XVIII, as
reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.75) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1502.84 “Well production volume” means
the maximum daily volume produced by or approved for production by a public
water supply well and used by the department as the basis for determining the
sanitary protective radius for the well.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.76) (See Revision Note #3 at chapter heading for Env-Wq 1500)
PART Env-Wq 1503
PERMIT REQUIREMENTS
Env-Wq
1503.01 Applicability.
(a) The rules in this part relative to permit
application submittal and review shall apply to:
(1) Any application filed after the 2017
effective date of this chapter; and
(2) Any application filed prior to the 2017
effective date of this chapter that is not complete, as determined under Env-Wq
1503.13, as of the 2017 effective date of this chapter, regardless of when the
completeness determination is made.
(b) Any complete application filed prior to the
2017 effective date of this chapter shall be reviewed based on the standards
specified in Env-Wq 1500 as in effect on December 1, 2010.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See Revision
Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.02 Permit Required.
(a) Subject to (b), below, no person shall
dredge, excavate, place fill, mine, transport forest products, or undertake
construction in or on the borders of surface waters of the state and no person
shall undertake any activity that will significantly alter the characteristics
of the terrain without a general permit by rule, a timber harvesting permit by
rule, or an alteration of terrain (AOT) permit obtained in accordance with this
chapter.
(b) No permit under these rules shall be required
for normal agricultural operations as defined in Env-Wq 1502. If a project includes development that
requires an AOT permit and normal agricultural operations that do not need a permit,
an application shall be submitted only for the development that requires an AOT
permit.
(c) For any project for which an AOT permit is
required solely based on the criteria specified in Env-Wq 1502.58(b)(1), the
area of disturbance subject to an AOT permit shall be limited to the area of
activity that meets the criteria specified in Env-Wq 1502.58(b)(1).
(d) A disturbance shall be considered an
unpermitted disturbance if it is not a normal agricultural operation as defined
in Env-Wq 1502 and does not qualify for a general permit by rule or a timber
harvesting permit by rule, and it:
(1) Is not covered by an AOT permit or a site
specific permit that remains in effect; or
(2) Is covered by an AOT permit or a site
specific permit that remains in effect but is not in accordance with the
approved plans and specifications.
(e) Any disturbance for which an AOT permit is required
that occurs, in whole or in part, prior to the permit being applied for or
obtained shall be considered an unpermitted disturbance for which the person
undertaking the work shall file an after-the-fact application as specified in
Env-Wq 1503.31.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See Revision
Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.03 General Permit by Rule. A person shall be deemed to have a general
permit by rule to undertake a project in or on the borders of surface waters of
the state or that significantly alters the characteristics of the terrain if:
(a) The project is limited to utility work that
meets all of the following conditions:
(1) The work is limited to trench excavation for
installing, replacing, or repairing utilities, such as sewer, water, closed
drainage systems, gas pipes, or telephone or cable wires;
(2) There will be no increase in runoff or
discharge and no new discharge location;
(3) The work is done by or at the direction of
the entity with responsibility for maintaining the lines for which the work is
being done;
(4) The trench is cut and covered within the same
working day;
(5) The work is conducted in accordance with
Env-Wq 1505.05 relative to temporary methods for stormwater management and
erosion and sediment control and Env-Wq 1505.06 relative to cold weather site
stabilization, as applicable;
(6) All dewatering work associated with the work is
covered under an NPDES permit for construction dewatering activities issued by
the U.S. Environmental Protection Agency (EPA), if applicable;
(7) A permit has been obtained pursuant to RSA 482-A
prior to any work in areas subject to RSA 482-A jurisdiction; and
(8) Any permit or waiver required under RSA 483-B
has been obtained prior to any work in areas subject to RSA 483-B jurisdiction;
(b) The project is limited to asphalt maintenance
work that meets all of the following conditions:
(1) The work is limited to replacement of the
existing asphalt surface to its existing grade;
(2) The work is limited to the footprint of the
existing surface;
(3) There is no change in the existing drainage
system; and
(4) If base course gravels are replaced, the base
course gravels that are removed are replaced within 72 hours of being removed;
(c) The project is limited to trail work that
meets all of the conditions specified in RSA 485-A:17, V, as reprinted in
Appendix D;
(d) The project is limited to trail work that
meets all of the following conditions:
(1) Subject to (4) and (5), below, the trail work
is limited to a disturbed area no more than 30 feet wide;
(2) The project is being implemented by a
non-profit organization, municipality, or government entity;
(3) The work is done in accordance with the Best
Management Practices For Erosion Control During Trail Maintenance and
Construction, NH Trail Construction and Maintenance Manual, published by the
New Hampshire department of natural and cultural resources (DNCR), division of
parks and recreation, bureau of trails (DNCR-Trails), dated January 2017
(“Trail BMPs”), available as noted in Appendix B;
(4) If the trail is greater than 20 feet wide, an
environmental monitor shall:
a. Inspect the project site at least once every
14 days from the start of terrain alteration activities until all terrain
alteration activities are completed and the trail is stabilized;
b. In addition to regular bi-weekly inspections,
inspect the project once every 7 days during terrain alteration activities in
or within 10 feet of a wetland;
c. In addition to regular bi-weekly inspections,
inspect the project site during any rain event in which 0.5 inch of
precipitation or more falls within a 24 hour period, provided that if the
environmental monitor is unable to be present during such a storm, the monitor
shall inspect the site within 24 hours of the rain event; and
d. Submit a written report, by a qualified
engineer, a CPESC specialist, a certified wetland scientist, or an employee of
the DRED-Trails whose job responsibilities include field inspections to the
department, within 24 hours of each inspection that:
1. Describes the progress of the project,
including whether all conditions in this section are being met; and
2.
Includes photographs of the site that are representative of the project;
and
(5) If an environmental monitor is required by
(4), above, the trail club or organization undertaking the work retains a copy
of the report on-site for review during site inspections by federal, state, or
local officials;
(e) The project does not qualify under (a)
through (d), above, but meets all of the following conditions:
(1) The contiguous area disturbed, as calculated in
accordance with Env-Wq 1503.12, is:
a. Less than 50,000 square feet if any of the
area disturbed is within the protected shoreland that is subject to RSA 483-B
jurisdiction; or
b. Less than 100,000 square feet in which all
disturbed areas are outside the protected shoreland that is subject to RSA
483-B jurisdiction;
(2) The work is not part of a larger plan of
development that cumulatively will exceed the applicable limit specified (1),
above;
(3) The work will not significantly alter the
characteristics of the terrain as defined in Env-Wq 1502.58(b)(1);
(4) The work is conducted in accordance with
Env-Wq 1505.05 relative to temporary methods for stormwater management and
erosion and sediment control and Env-Wq 1505.06 relative to cold weather site
stabilization, as applicable;
(5) A permit has been obtained pursuant to RSA
482-A prior to any work in areas subject to RSA 482-A jurisdiction; and
(6) Any permit or waiver required under RSA 483-B
has been obtained prior to any work in areas subject to RSA 483-B jurisdiction;
(f) The work that requires a permit under Env-Wq
1503.02 also needs to be permitted under RSA 482-A or RSA 483-B and review of
the AOT permit application would simply duplicate the review that will occur
under the RSA 482-A or RSA 483-B permit application;
(g) The work:
(1) Is
limited to establishing temporary access or staging areas for other work being
done pursuant to a permit under RSA 482-A; and
(2) Does not
exceed the applicable limits of (e)(1) or (3), above;
(h) The work is limited to transporting forest
products as defined in Env-Wq 1502; or
(i) The work is limited to subsurface
explorations needed to assist in the design of a project for which an AOT permit
or general permit is required, including but not limited to test boring, test
pits, observation wells, soil surveys, and other site characterization work.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See
Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq 1503.04 Timber Harvesting Permit by Rule. A person shall be deemed to have a timber
harvesting permit by rule to undertake a timber harvesting operation provided
all of the following conditions are met:
(a) The activity is a timber harvesting operation
for which a valid New Hampshire department of revenue administration intent to
cut permit has been obtained by the property owner(s) or by an agent for the
property owner(s);
(b) As specified in RSA 485-A:17, IV, the work is
performed in accordance with the Best Management Practices for Erosion Control
on Timber Harvest Operations in New Hampshire published by the former New
Hampshire department of resources and economic development;
(c) A permit has been issued or a “Notification
of Forest Management or Timber Harvest Activities Having Minimum Wetlands
Impact” form has been filed pursuant to RSA 482-A prior to any work in areas in
RSA 482-A jurisdiction; and
(d) Timber harvesting roads are not being
converted to a non-timber harvesting operational use.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.05 AOT Permit Application
Procedures.
(a) As specified in RSA 485-A:17, I, an
application for an AOT permit shall be filed at least 30 days prior to the
proposed starting date of the proposed activities, and no activities shall
commence without prior approval of the application by the department.
(b) The applicant for an AOT permit shall submit a complete
application, as specified in (c), below, to the department at the following address:
DES Water Division
Attn: Alteration of Terrain Program
29 Hazen Drive
P.O. Box 95
Concord, NH 03302-0095
(c) A complete application shall include:
(1) A
completed application checklist as specified in Env-Wq 1503.06, as specified in
Attachment A to the application form identified in Env-Wq 1503.07;
(2) A
completed application form as specified in Env-Wq 1503.07, signed as specified
in Env-Wq 1503.10;
(3) The
plans and other information specified in Env-Wq 1503.08 and Env-Wq 1503.09, as
applicable;
(4) If the
applicant has authorized another to act as the applicant’s agent, a copy of the
written authorization;
(5) If the
applicant is not the owner and the owner has authorized another to act as the
owner’s agent, a copy of the written authorization;
(6) Proof
that a copy of the application has been delivered to the governing body of each
municipality in which the project is proposed as required by (e), below, and,
if required by (f), below, the appropriate local river advisory committee,
consisting of:
a. A copy of the certified mail receipt, for each copy that
was sent certified mail;
b. A copy of the delivery confirmation, for each copy that
was sent via a private delivery service; or
c. A
statement signed by the applicant that the copy was delivered in hand, for each
copy that was hand-delivered; and
(7) The fee
required by Env-Wq 1503.32.
(d) The applicant shall obtain an application
form and checklist:
(1) From the
department’s public information center; or
(2) From the
department’s website.
(e) The applicant shall send a copy of the
application as described in (c)(1)-(3), above, to the governing body of each
municipality in which the proposed project is located prior to filing the
application with the department.
(f) If any portion of a project is located within
0.25 mile of a river or river segment designated under RSA 483, the applicant
shall send a copy of the application as described in (c)(1)-(3), above, to the
appropriate local river advisory committee prior to filing the application with
the department.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See
Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.06 Application Checklist. The application checklist required by Env-Wq
1503.05(c)(1) shall comprise a list of all items required to constitute a
complete application, as specified in Attachment A to the permit application
form identified in Env-Wq 1503.07.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.07 AOT Permit Application Form. The applicant shall provide the
following information on or with an Alteration of Terrain Permit Application form,
NHDES-W-01-003, dated 2017, available at http://des.nh.gov/organization/divisions/water/aot/documents/aot-application.pdf:
(a) The name and mailing address of the
applicant, and if the applicant does not have an agent, the following:
(1) For an
applicant who is an individual, not an entity, the applicant’s daytime
telephone number and e-mail address; and
(2) For an
applicant that is an entity, such as a business or trust, the name of an
individual designated by the applicant as the point of contact and that
individual’s email address and daytime telephone number;
(b)
If the applicant has authorized an agent, the name, mailing address,
daytime telephone number, and email address of the agent, and if the agent is
an entity, the name of the individual designated by the agent as the point of
contact;
(c)
The name and mailing address of each owner of the property on which the
project will occur, if other than the applicant, and if the property owner does
not have an agent, the following:
(1) For a
property owner who is an individual, not an entity, the property owner’s
daytime telephone number and e-mail address; and
(2) For a property
owner that is an entity, such as a business or trust, the name of an individual
designated by the property owner as the point of contact and that individual’s
email address and daytime telephone number;
(d)
If the property owner has authorized an agent, the name, mailing
address, daytime telephone number, and email address of the agent, and if the
agent is an entity, the name of the individual designated by the agent as the
point of contact;
(e) The name, mailing address, and daytime
telephone number of the engineering consultant for the project, if any and if
other than the applicant’s agent, and the consultant’s e-mail address;
(f)
For the proposed project:
(1) The type of project, namely excavation only,
residential, commercial, golf course, school, municipal, agricultural, land
conversion, or other;
(2) The project name, street or road address,
town or city, and county;
(3) The town tax map(s) and lot number(s) and if
applicable, the block number and unit number;
(4) The property’s location coordinates based on
latitude/longitude, with accuracy to 6 decimals in decimal degree format and to
3 decimals in deg-min-sec format;
(5) Whether the project, post-development, will
withdraw from or directly discharge to a stream or wetland, a man-made pond
formed by impounding a stream or wetland, or an unlined pond formed by digging
into the water table, and if so the purpose of the withdrawal or discharge;
(6) Whether the project is in a high-load area,
and if so the type of high load land use or activity;
(7) Whether the project is within a water supply
intake protection area or a groundwater protection area, and whether the well
setbacks identified in Env-Wq 1508.02 will be met;
(8) Whether any portion of the property is within
the 100-year floodplain, and if so the cut volume in cubic feet within the
100-year floodplain and the fill volume in cubic feet within the 100-year
floodplain; and
(9) Whether the project is located within Ľ mile
of a designated river and if so, the name of the river;
(g) A brief description of the proposed project, including an
outline of the scope of work to be performed, which shall be provided on the
application form and not on a separate page;
(h)
A description of all work commenced prior to receiving a permit, if any;
(i)
The date the applicant or applicant’s agent sent a copy of the
application to:
(1) The municipality, as required by Env-Wq
1503.05(e); and
(2) The local river advisory committee, if
required by Env-Wq 1503.05(f);
(j) Identification of:
(1) The type of plan required by Env-Wq
1503.11(a)-(d); and
(2) Any plan(s) required by Env-Wq
1503.11(e)-(g);
(k)
The area, in square feet, of the following:
(1) The total area of disturbance, calculated in
accordance with Env-Wq 1503.12;
(2) The amount of additional impervious cover
resulting from the project and the total final impervious cover; and
(3) The total amount of undisturbed cover of the
project;
(l)
For land being subdivided, the total number of lots proposed;
(m)
The total length of roadway, in linear feet;
(n) The name of all receiving waters
as shown on a USGS map or, if unnamed, the name of the waterbody to which each
receiving water is tributary, as identified on a USGS map;
(o)
A list of other permits obtainable from the department that are required
for the project, and for each, whether an application has been filed, and if so
whether the application is pending or, if the approval has been issued, the
permit number, registration date, or approval letter date, as applicable;
(p)
The following information regarding potential impacts to natural
resources:
(1) A list of each species identified by the
department of natural and cultural resources, division of forests and lands,
natural heritage bureau as being threatened, endangered, or of concern; and
(2) A list of each pollutant for which the
receiving water has been identified by the department as being impaired under
40 CFR 130.7 or 40 CFR 130.8, using information obtained from the “Surface
Water Impairment “ layer of the department’s web-based OneStop database.
(q)
Whether the applicant or applicant’s agent had a pre-application meeting with
staff of the department’s terrain alteration bureau and, if so, the name of the
individual staff member; and
(r) Whether blasting of bedrock will be required
and, if so, the estimated quantity in cubic yards of blast rock.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq 1503.08 Additional Information Required for AOT
Permit Applications. The applicant
shall submit the following with the completed application form:
(a)
A copy of:
(1) The appropriate USGS map at a 1:24,000 scale,
equivalent to 1 inch equals 2,000 feet, with the property boundaries
delineated;
(2) The appropriate NRCS county-wide web soil
survey from http://websoilsurvey.nrcs.usda.gov;
and
(3) The appropriate aerial photograph at a
1:24,000 scale, equivalent to 1 inch equals 2,000 feet, dated no earlier than
2013, with the property boundaries clearly delineated;
(b)
A letter from the New Hampshire department of natural and cultural
resources, natural heritage bureau (NHB), which may be obtained using the NHB
DataCheck Tool located at https://www2.des.state.nh.us/nhb_datacheck/ , that either:
(1) States that no NH Heritage records were found
in the vicinity of the project and the corresponding map with the property
boundaries delineated; or
(2) Assesses the potential impacts the project
will have, if NH Heritage records were found;
(c)
Photographs representative of existing site conditions with a
description of what each photograph is showing, referenced to the project
plans;
(d) One copy
of plans as specified in Env-Wq 1503.11, as applicable for the proposed
project, printed on white paper that is 34 to 36 inches wide by 22 to 24 inches
high;
(e)
The proposed construction sequence for the project showing compliance
with Env-Wq 1505.03 relative to maximum open area allowed;
(f)
For any project that would have an increase in post-development off-site
runoff if stormwater control methods were not implemented, the following:
(1) Supporting information to demonstrate that
the criteria for protecting water quality stated in Env-Wq 1507.02 will be met;
(2) One copy of the drainage report, drainage
area plans, and hydrologic soil group plans prepared in accordance with Env-Wq
1504.09; and
(3) An infiltration feasibility report as
specified in Env-Wq 1504.13 for each infiltration or filtration practice
proposed as part of the stormwater management system;
(g)
For projects requiring a detailed development plan as described in
Env-Wq 1504.05, one copy of the inspection and maintenance manual prepared in
accordance with Env-Wq 1507.07;
(h)
For projects requiring a detailed development plan as described in
Env-Wq 1504.05, the submission requirements for determining percent effective
impervious cover and percent undisturbed cover in accordance with Env-Wq
1504.15;
(i)
For projects within the protected shoreland as defined in RSA 483-B:4,
XV, the information required by Env-Wq 1411.01 and a report on the status of
the application for a permit under RSA 483-B:5-b or, if the project is exempt,
a statement of the statute or rule that exempts the project from needing a
permit under RSA 483-B:5-b;
(j)
For projects that involve infiltration of stormwater via subsurface
leaching or distribution structures, a completed groundwater discharge registration
application if required under Env-Wq 402.33(a)(1) or (c) or under Env-Wq 404
relative to underground injection control;
(k)
If the project is within the 100-year floodplain, a supplementary report
as specified in Env-Wq 1503.09;
(l) If the project is for infrastructure having a
projected life that extends beyond 2050 and is within the coastal or great bay
region, such additional information as is necessary to address projected storm
surge, sea-level rise, and precipitation events identified in the 2014 Science
and Technical Advisory Panel Report, Sea-Level Rise, Storm Surges, and Extreme
Precipitation in Coastal New Hampshire: Analysis of Past and Projected Future
Trends, prepared by the Coastal Risks and Hazards Commission and available at http://www.nhcrhc.org/stap-report/
; and
(m)
If the applicant is not the property owner, proof that the applicant
will have a legal right to undertake the project on the property if a permit is
issued to the applicant.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See
Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.09 Information Required for
Projects Within the 100-year Floodplain.
The applicant shall submit a supplementary report for all projects
proposed within the 100-year floodplain that includes the following:
(a) The size of the river’s watershed above the
project’s furthest downstream boundary;
(b) Photographs of the right bank and left bank;
(c) A delineation of the 100-year floodplain
located within the site’s boundaries, using one of the following methods:
(1) In Zone AE,
where FEMA has performed detailed studies, the 100-year floodplain boundary
shall be determined using FEMA’s 100-year floodplain elevations in combination
with detailed topography for the site; or
(2) In Zone A,
where FEMA has mapped the floodplain by approximate methods, a study to
determine 100-year floodplain elevations and boundaries shall be performed in
accordance with (e)(1), below;
(d) The total volume of fill in acre-feet that is
proposed to be placed within the 100-year floodplain between existing grades
and the 100-year flood elevations;
(e) For any project where the total fill volume
is greater than 0.5 acre-feet or where a bridge or culvert crossing is
proposed, a hydraulic model and analysis check as follows:
(1) A HEC-RAS
analysis, stamped by a qualified engineer, that includes cross-sections and
profiles for the pre- and post-development conditions, wherein the
cross-sectional surveys and flow data are completed according to the following:
a. A minimum of
6 cross-sections that span the entire river and 100-year floodplain shall be
surveyed to analyze the project’s effect on flood elevations through the
affected reach, where:
1. At least 2
cross-sections are surveyed at the project site in those areas where floodplain
encroachment are greatest;
2. At least 2
cross-sections are surveyed upstream of the proposed floodplain fill area with
one being located at the upstream property line; and
3. At least 2
cross-sections are surveyed downstream of the proposed floodplain fill area
with one being located at the downstream property line;
b. For projects
involving bridges or culverts, or both, a minimum of 6 cross-sections shall be
required as follows:
1. At least 3
cross-sections shall be surveyed above each proposed bridge or culvert; and
2. At least 3
cross-sections shall be surveyed below each proposed bridge or culvert; and
c. Flood
discharges shall be estimated using the first available method listed below:
1. Flood discharges from a FEMA Flood Insurance
Studies (FIS) covering the proposed project site, if available;
2. Stream gauge
data collected by the USGS, if available; or
3. The USGS National Flood Frequency (NFF) program for
the State of New Hampshire, which uses a regression equation to determine flow;
and
(2) A cHECK-RAS
analysis to verify the parameters used in the HEC-RAS hydraulic model;
(f) The GPS coordinates of the beginning and end
points of each of the cross-sections required by (e)(1)a. and b., above, in
units of degrees, minutes, and seconds of latitude and longitude, with at least
3 decimal places of precision (DDMMSS.sss) and referenced to the North American
Datum of 1983 (NAD 83) or its successor;
(g) If the hydraulic model results indicate that
the proposed project will raise flood stages on abutting properties or alter
flow and sediment transport characteristics in a manner that could adversely
affect channel stability and surface water quality, a proposal for compensatory
flood storage or conveyance, or both, that is designed to ensure that:
(1) There is no
increase in flood stages on abutting properties; and
(2) Flow and
sediment transport characteristics will not be affected in a manner which could
adversely affect channel stability; and
(h) For any project where the total fill volume
is less than 0.5 acre-feet and no bridge or culvert crossing is proposed:
(1) An on-site
cut and fill balance such that there is no net decrease in the 100-year flood
storage volume; or
(2) A hydraulic
model per the methods described in (e), above, which demonstrates that there is
no increase in flood stages on abutting properties and that flow and sediment
transport characteristics will not be affected in a manner that could adversely
affect channel stability and surface water quality.
Source. (See Revision Note #1 at chapter heading for Env-Wq
1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq
1503.10 Signatures and Certifications
Required.
(a) Each document that is required by this
chapter to be submitted to the department, including but not limited to
applications, requests, and reports, shall:
(1) Be
signed and dated by:
a. For any
document submitted prior to a permit being issued, the applicant or agent and
each owner or agent, if other than the applicant; and
b. For any
document submitted after a permit has been issued, each permit holder or agent;
and
(2) Show the
typed or printed name and title, if applicable, of the individual who signed.
(b) Each signature required by (a), above, shall
constitute certification by the signer that:
(1) The
information contained in or otherwise submitted with the document is true,
complete, and not misleading to the best of the signer’s knowledge and belief;
and
(2) The
signer understands that:
a. The submission of false, incomplete, or misleading information
constitutes grounds for the department to:
1. Deny
the application;
2.
Revoke any permit that is granted based on the
information;
3. If the signer is a professional engineer,
refer the matter to the board of professional engineers established by RSA
310-A:3; or
4. Undertake any combination of 1. through 3.,
above; and
b. The signer is subject to the penalties
specified in New Hampshire law for falsification in official matters, currently
RSA 641.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.11 Types of Plans Required.
(a) The applicant shall submit a land conversion
erosion and sediment control plan, as specified in Env-Wq 1504.02, for any
project that includes only conversion of non-wetlands forest to open land,
provided:
(1) There is
no change in the surface contours, except as necessary for temporary and
permanent erosion controls;
(2) The land
conversion is not part of a larger plan of development; and
(3) The
project does not involve the construction of gravel roads or impervious cover
of more than 10,000 square feet.
(b) The applicant shall submit an excavation,
grading, and reclamation plan, as specified in Env-Wq 1504.03, for any project
that includes only excavation, grading, and reclamation activities.
(c) The applicant shall submit a steep slope
erosion and sediment control plan, as specified in Env-Wq 1504.04, for any
project that requires an AOT permit based solely on meeting the criteria
specified in Env-Wq 1502.58(b)(1).
(d) The applicant shall submit a detailed development plan, as specified in Env-Wq
1504.05, for any project that requires an AOT permit other than one covered by
(a), (b), or (c), above.
(e) The applicant shall submit a stormwater
drainage area plans and hydrologic soil group plans as specified in Env-Wq
1504.09 for any project that would cause additional off-site runoff in the
absence of stormwater control methods.
(f) The applicant shall submit a source control
plan as specified in Env-Wq 1504.08 for:
(1) Any area
that would be a high-load area in the absence of the plan; and
(2) Any
commercial parking area with over 1,000 trip ends per day as determined with
reference to Trip Generation, published by Institute of Transportation
Engineers, Washington, D.C., 9th Edition, 2012, available as noted
in Appendix B.
(g) For any project that might result in a
discharge of stormwater to a surface water impaired for chloride, the applicant
shall:
(1) Submit a
chloride management plan to minimize the discharge of chloride to the surface
water; and
(2)
Implement the plan if a permit is issued for the project.
(h) For any project that might result in a
discharge of stormwater to a surface water impaired for phosphorus or nitrogen,
or both, the applicant shall submit information to
demonstrate that the project will not cause a net increase of phosphorus
or nitrogen, or both, in the impaired water.
(i) For any
project that might result in a discharge of stormwater to a Class A surface
water or to a surface water that is an Outstanding Resource Water (ORW) as
defined in Env-Wq 1708.04(a), the applicant shall submit information to
demonstrate that the project will not cause a net increase of phosphorus or
nitrogen, or both, in the Class A surface water or ORW.
(j) For any
project that might result in a discharge of stormwater to a lake or pond, the
applicant shall submit information to demonstrate that the project will not
cause a net increase of phosphorus in the lake or pond.
(k) For any project for which blasting of bedrock
is anticipated, the applicant shall submit:
(1) A
blasting plan that identifies:
a. Where the
blasting is anticipated to occur;
b. The estimated
quantity of blast rock in cubic yards; and
c.
Site-specific blasting best management practices based on Env-Wq 1510;
and
(2) If more than 5,000 cubic yards of blast rock
will be generated and there are one or more public drinking water supply wells
within 2,000 feet of the blasting activities, a plan to monitor groundwater to
detect any contamination in sufficient time to protect the water supply wells.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See Revision
Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.12 Measurement of Contiguous
Area Disturbed; Inclusion in Plans.
(a) Subject to (b)-(d), below, for purposes of
determining the need for an AOT permit or the amount of the fee required by RSA
485-A:17, the amount of contiguous area disturbed shall be the sum of the
square footage of all areas proposed to be disturbed as part of the total
project, including but not limited to areas associated with:
(1) Roads and communal parking areas;
(2) Permanent stormwater controls;
(3) Temporary and permanent methods for
protecting water quality;
(4) Utility installation,
including wells and septic systems if applicable;
(5) Temporary stockpiles;
(6) Staging areas;
(7) Borrow areas; and
(8) Foundations and lot grading.
(b) The areas that will be disturbed for
individual lot development shall be excluded from the calculation required by
(a), above, only if:
(1) The project
is a single family or duplex residential subdivision where no disturbance on
any individual lot will occur until after the construction and stabilization of
all other items of construction associated with the subdivision are complete;
and
(2) There will
be no earth moving across lot lines at any time.
(c) For any excavation, grading, and reclamation
project, any actual or proposed terrain disturbance since May 4, 1981 shall be:
(1) Deemed part
of the total project;
(2) Included in
the calculation of the amount of contiguous area disturbed; and
(3) Shown on
the plans submitted for the project.
(d) Subject to (b) and (c), above, the amount of
contiguous area disturbed shall include any actual or proposed terrain
disturbance that occurs on the same property as the proposed project or is part
of a larger plan of development:
(1) Within 10
years before the commencement of any terrain alteration activity for the
proposed project; and
(2) Within 10
years after the terrain alteration activity for the proposed project ends.
(e) All areas described in (d)(1), above, and any
area(s) described in (d)(2), above, that are already identified at the time of
the application shall be shown on the plans for the proposed project.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See
Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.13 AOT Permit Applications:
Filing and Processing.
(a) Within 14 days after the date an application
is received, the department shall determine whether the applicant has submitted
everything required by Env-Wq 1503.05(c).
(b) If the application contains everything
required by Env-Wq 1503.05(c), the department shall process the application in
accordance with RSA 485-A:17, II-b(a)-(d), subject to RSA 485-A:17,
II-b(e)-(g).
(c) Except as provided in (f), below, if the
application does not contain everything required by Env-Wq 1503.05(c), the
department shall notify the applicant in writing of:
(1) What is
missing;
(2) The deadline for submitting the missing
components, established based on the type and volume of the missing
component(s);
(3) The
provisions of Env-Wq 1503.15 relative to submitting the information; and
(4) The
provisions of Env-Wq 1503.17 relative to failing to provide the information.
(d) Upon notifying an applicant that the
application does not contain everything required by Env-Wq 1503.05(c), the
department shall suspend further processing of the application pending receipt
of the information missing from the application.
(e) No portion of the time between the date a notice
is provided pursuant to (c), above, or (f), below, and the date the applicant
responds shall be included in computing the time limits specified in RSA
485-A:17, II-b or RSA 541-A:29 for processing the application.
(f) The department shall notify the applicant by
telephone in lieu of providing a written notice pursuant to (c), above, if:
(1) The
anticipated time required of the applicant to supply the missing information is
less than the anticipated time required of the department to notify the applicant
in writing; and
(2) The
department is able to contact the applicant by telephone.
(g) If the department provides notice pursuant to
(f), above, the department shall specify in the telephone notice the same
information required by (c)(1)-(4), above.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.14 Requests for Additional
Information.
(a) After receiving a response to a notice issued
pursuant to Env-Wq 1503.13(c) or (f), if the department determines that the
application is complete but that the information provided is insufficient for
the department to determine whether the criteria of Env-Wq 1503.19 have been
met, the department shall notify the applicant in writing of the additional
information believed by the department to be needed to assess the application.
(b) The notice shall specify:
(1) What
information is needed;
(2) The
deadline for submitting the information, established based on the type and
volume of the information needed;
(3) The provisions
of Env-Wq 1503.15 relative to submitting the information; and
(4) The
provisions of Env-Wq 1503.17 relative to failing to provide the information.
(c) No portion of the time between the date
additional information is requested and the date the applicant responds shall
be included in computing any applicable time limits for processing the
application.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.15 Response to Notice of Missing
Information or Request for Additional Information. In responding to any notice under Env-Wq
1503.13(c) or (f) or to any request for additional information under Env-Wq
1503.14 or RSA 485-A:17, II-b(a), the applicant shall:
(a) Specifically identify how each request or
comment has been addressed;
(b) If revised plans and specifications are being
submitted, call attention to the changes on the revised plans and
specifications and add a revision date to each page that has been changed;
(c) Sign the submittal in accordance with Env-Wq
1503.10; and
(d) Send a copy of the response, with a cover
letter stating the reason(s) for providing the additional information, to all
individuals and entities to whom the applicant was required to provide a copy
of the initial application.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.16 Revisions to Applications.
(a) Prior to a decision being made on an
application, the applicant may substitute a revised plan for the plan submitted
with the application only if the revisions do not materially alter the scope or
nature of the project.
(b) If a revision proposed by the applicant materially
alters the scope or nature of the project, the applicant shall file a new
application.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.17 Failure to Provide
Information.
(a) The department shall deny an application if
the applicant fails to:
(1) Complete
an application within the time specified in the notice sent pursuant to Env-Wq
1503.13(c) or (f), unless the applicant requests an extension of the deadline
pursuant to Env-Wq 1509 prior to the deadline and the request is granted;
(2) File a complete
response to a request for additional information within the time specified in
the request sent pursuant to Env-Wq 1503.14, unless the applicant requests an
extension of the deadline pursuant to Env-Wq 1509 prior to the deadline and the
request is granted; or
(3) File a
complete response to a request for additional information within 120 days of
the date of a request sent pursuant to RSA 485-A:17, II-b(a).
(b)
A partial response to a request for additional information sent pursuant to RSA 485-A:17, II-b(a) shall be deemed
a complete and timely response for purposes of avoiding the statutory
requirement for the department to deny the application if the applicant:
(1) Provides as
much information as is reasonably available;
(2) Explains
why the remaining information cannot be provided within the specified time; and
(3) Agrees in
writing to extend the time for response and the department’s review thereof
pursuant to RSA 485-A:17, II-b(b)(3).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq 1503.18 Notice of Opportunity to Comment on AOT
Permit Application.
(a) Upon receipt of a complete application for an
AOT permit,
the department
shall send notice to:
(1) Affected
municipalities in accordance with RSA 541-A:39; and
(2) If any
portion of the project is located within 0.25 mile of a river or river segment
designated under RSA 483, to the rivers coordinator as required by RSA 483:12-a.
(b) The notice sent pursuant to (a), above, shall
specify the deadline for submission of comments on the application to the
department, as follows:
(1) From a
municipality, not sooner than 14 days from the date of the notice; and
(2) From the
rivers coordinator, not sooner than 40 days from the date of the notice.
(c) The department shall not act on an
application for an AOT permit sooner than deadline specified in the notice sent
pursuant to (b), above, unless:
(1) Notified
prior to the end of that period by the municipality that the municipality
supports the application; and
(2) If
applicable, notified prior to the end of that period by the rivers coordinator
that the proposed activity would not violate a protection measure as specified
in RSA 483:12-a or by the local river advisory committee that the local river
advisory committee supports the application.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.19 Criteria for Issuance of AOT Permits. The department shall not issue an AOT permit
unless the applicant demonstrates that all of the following criteria are met:
(a) Temporary water quality protection measures
in accordance with Env-Wq 1505.05 that are adequate to prevent violations of
the surface water quality (SWQ) standards will be used during the construction
phase of the proposed activity and maintained until all areas are stabilized;
(b) The permanent methods for protecting water
quality proposed in the application meet the requirements of Env-Wq 1507.02 and
are adequate to prevent violations of the SWQ standards;
(c) Changes in runoff hydrology, determined in
accordance with Env-Wq 1504.09, will be within the limits allowed by Env-Wq
1507.05 and Env-Wq 1507.06;
(d)
Cold weather site stabilization measures, as specified in Env-Wq
1505.06, will be implemented as part of the project if applicable;
(e)
The project does not use naturally-occurring wetlands to treat or detain
stormwater runoff from the proposed development, unless a permit that
specifically allows the impacts has been issued pursuant to RSA 482-A;
(f)
There are no violations of RSA 482-A, RSA 483-B, or RSA 485-A on the
property for which the project is proposed, or, if violations exist, the
applicant agrees to a legally-binding schedule on which the violations will be
eliminated and any required restoration will be completed;
(g)
The project meets the requirements and intent of RSA 430:51-57 and Agr
3800 relative to invasive species;
(h)
As required by RSA 212-A:9, III, the project has been designed in a
manner that will not “jeopardize the continued existence of [state- or
federally-listed threatened or endangered] species or result in the destruction
or modification of habitat of such species which is determined by the executive
director [of the New Hampshire fish and game department (NHF&G)] to be
critical”, as demonstrated by the report of a study of the proposed project
site that is performed by a wildlife biologist who has education and experience
in performing property surveys for threatened or endangered species, using an
accepted process such as that established in EPA’s ecological risk assessment
methodologies (https://www.epa.gov/ecobox),
that is:
(1)
Submitted to the department with the application and which demonstrates
that:
a. No threatened or endangered species,
designated critical habitat for threatened or endangered species, or travel
corridors for threatened or endangered species is present on the site or
potentially impacted by the project; or
b.
If any threatened or endangered species, designated critical habitat for
threatened or endangered species, or travel corridors for threatened or
endangered species is present on the site or potentially impacted by the
project, the applicant has coordinated with NHF&G on potential impacts of
the proposed project thereon, such that the proposed project, including any
conservation measures recommended by NHF&G to the benefit of the affected
species, cannot reasonably be expected to jeopardize the continued existence of
such species or result in the destruction or modification of designated
critical habitat; and
(2) Reviewed
by the department in consultation with NHF&G.
(i)
The applicant has the legal right to undertake the project on the
property; and
(j)
No reason specified in Env-C 209 exists for denying the permit.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500); amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See
Revision Note #3 at chapter heading for Env-Wq 1500); amd by #12949, EMERGENCY
RULE, eff 12-20-19, EXPIRES: 6-17-20; ss by #13045, eff 6-2-20
Env-Wq
1503.20 Issuance or Denial of Permits.
(a) The department shall deny the application for
an AOT permit if:
(1) The
applicant does not submit the information needed to complete the application in
response to a notice sent pursuant to Env-Wq 1503.13(c);
(2) The
applicant does not submit the additional information requested pursuant to
Env-Wq 1503.14; or
(3) The
criteria specified in Env-Wq 1503.19 are not met.
(b) If the application and supporting information
submitted by the applicant demonstrate that the criteria specified in Env-Wq
1503.19 have been met, the department shall issue an AOT permit to the applicant.
(c) The approved plans and stormwater drainage
report and documentation contained in the permit application file shall be
considered part of the issued AOT permit.
(d) The issued AOT permit shall include
project-specific conditions as necessary to ensure compliance with the
requirements of:
(1) RSA
482-A and Env-Wt 100 et seq. relative to wetlands;
(2) RSA
483-B and Env-Wq 1400 relative to protected shoreland;
(3) RSA
485-A and Env-Wq 1700 relative to surface water quality; and
(4) RSA
485-A, RSA 485-C, and Env-Wq 401 relative to groundwater quality.
(e) Within one week after permit approval, the
permit holder shall submit a copy of all approved documents to the department
in PDF format on portable media that is compatible with current department technology.
(f) If the permit holder’s interest in the
property is conditional or contingent, the permit holder shall obtain an
enforceable proprietary interest in the property prior to commencing any work
under the permit.
(g)
Prior to commencing any work under the permit, the permit holder shall
submit to the department copies of the recorded easement(s) for all off-site
drainage easements as required by Env-Wq 1504.07.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1503.21 Notification; Certifications.
(a) The permit holder shall notify the department
in writing at least one week prior to commencing any work under the permit.
(b) The project shall be constructed in
accordance with the approved plans and specifications unless:
(1) The
deviations are within the scope allowed under (d), below;
(2) An
amended permit is obtained pursuant to Env-Wq 1503.22; or
(3) A new
permit is obtained in accordance with Env-Wq 1503.05.
(c) Upon completion of construction, the permit holder
shall submit to the department the following:
(1) A
written notice signed as required by Env-Wq 1503.10 by the permit holder and
the qualified engineer, if the approved plans and specifications were prepared
by a qualified engineer, certifying that:
a. The
project was completed in accordance with the approved plans and specifications;
or
b.
Deviations from the approved plans and specifications were made, but the
deviations did not require an amended permit or a new permit;
(2) If any deviations
from the approved plans were made, as-built drawings and a description of all
deviations from the approved plans that have been stamped by a qualified
engineer if the approved plans were stamped by a qualified engineer; and
(3) If any
underground detention systems, infiltration systems, or filtering systems were
installed, the following for each such system:
a.
Representative photographs of the system after completion but prior to
being backfilled; and
b. A letter
signed by a qualified engineer stating that the individual observed the system
prior to the system being backfilled, and that in his or her professional
opinion, the system conforms to the approved plans and specifications.
(d) The permit holder shall not deviate from the
approved plans and specifications without applying for an amended permit or a
new permit unless all of the following criteria are met:
(1) The
project as modified will comply with Env-Wq 1507.02 relative to permanent
methods of protecting water quality;
(2) The
modifications have not and will not result in any changes to wetlands or
protected shoreland impacts and will not decrease any buffers required by law or established by a permit or other
approval, unless a permit that specifically allows the impacts has been
obtained pursuant to RSA 482-A or RSA 483-B, respectively;
(3) The
proposed disturbance is within the area originally proposed for disturbance,
except as necessitated by (6) through (8), below;
(4) As compared
to the project as originally approved, the total impervious area has decreased,
remained the same, or increased by the smaller of 5% or 2,500 square feet;
(5) No change
is made to a stormwater management system that:
a. Adds,
removes, or relocates any treatment practice, pretreatment practice,
groundwater recharge practice, or detention structure; or
b. Increases the peak inflow rate to any treatment
practice, pretreatment practice, groundwater recharge practice, or detention
structure during the 2-year 24-hour storm;
(6) The
roadway centerline has not been relocated or has been relocated to no more than
20 feet from the center line of the roadway as originally approved;
(7) The
center point of a parking area has not been relocated or has been relocated to
no more than 20 feet from the center point of the parking area as originally
approved;
(8) The
center point of a structure has not been relocated or has been relocated to no
more than 20 feet from the center point of the structure location as originally
approved; and
(9) The
permit holder:
a. Notifies
the department in writing that modifications within the scope allowed by
(d)(1)-(8) have been, are being, or will be made, by filing revised plans with
a narrative description of each deviation; and
b. Signs and
certifies the written submission as specified in Env-Wq 1503.10.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See
Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.22 Amended Permits for
Modifications to Approved Projects.
(a)
If the permit holder wishes to modify the project as approved in a way
that exceeds any of the criteria specified in Env-Wq 1503.21(d)(1)-(8) but is
within all of the criteria specified in (c), below, then prior to making any of
the changes the permit holder shall apply for an amended permit.
(b)
To apply for an amended permit, the permit holder shall:
(1) Submit a complete application for amended
permit, as described in (d), below, to the department;
(2) If any portion of a project is located within
0.25 mile of a river or river segment designated under RSA 483, send a copy of
the complete application for amended permit to the rivers coordinator and the
appropriate local river advisory committee at the time of filing with the
department; and
(3) If a copy of the complete application for
amended permit has not already been submitted to each municipality in which the
project is proposed, send a copy of the complete application to the governing
body of the municipality at the time of filing with the department.
(c)
A deviation from the approved plans and specifications shall be made under
an amended permit only if all of the following criteria are met:
(1) The project as modified will comply with Env-Wq
1507.02 relative to permanent methods of protecting water quality;
(2) The modifications have not
and will not result in any changes to wetlands or protected shoreland impacts
and will not decrease any buffers required by law or established by a permit or
other approval, unless a permit that specifically allows
the impacts has been obtained pursuant to RSA 482-A or RSA 483-B, respectively;
(3) The proposed disturbance, exclusive of any
disturbance associated with (6) through (9), below, is not more than 40,000
square feet outside the area of disturbance originally approved;
(4) The total impervious area has not increased
from the project as originally approved by more than the smaller of 10% or
10,000 square feet;
(5) A change is made to a stormwater management
system but:
a. The change does not add more than one
stormwater treatment practice, stormwater conveyance, or groundwater recharge
practice; and
b. The peak inflow rate to any component of the
existing stormwater management system has not increased from that as originally
approved by more than 1 cfs during the 2-year 24-hour storm;
(6) If the roadway centerline has been relocated,
it is no more than 100 feet from the center line of the roadway as originally
approved;
(7) If the center point of a parking area has
been relocated, it is no more than 100 feet from the center point of the
parking area as originally approved;
(8) If the center point of a structure has been
relocated, it is no more than 100 feet from the center point of the structure
location as originally approved; and
(9) For excavation, grading, and reclamation
plans, the footprint originally approved is not expanded more than 50 feet in
any direction.
(d)
A complete application for amended permit shall include the following:
(1)
An “Amendment Request Form”, NHDES-W-01-001, dated 2017, available at http://des.nh.gov/organization/divisions/water/aot/categories/forms.htm,
completed as described in Env-Wq 1503.27 and signed as specified in Env-Wq
1503.10;
(2) The fee required by Env-Wq 1503.32(b); and
(3) Proof that a copy of the complete application
for amended permit has been delivered to the governing body of each
municipality in which the project is proposed and, if required by (b)(2),
above, to the rivers coordinator and the appropriate local river advisory
committee, which proof shall consist of:
a. A copy of the certified mail receipt, for
each copy that was sent certified mail;
b. A copy of the delivery confirmation, for each
copy that was sent via a private delivery service; or
c. A statement signed by the applicant that the
copy was delivered in hand, for each copy that was hand-delivered.
(e) The department shall review a
request for permit amendment and amend the permit if the department determines
that the permit holder has demonstrated that the criteria specified in (c),
above, are met and the project as modified would have been approved
originally.
(f)
If conditions are necessary to ensure that the project as modified will
conform to the requirements of this chapter, the department shall include such
conditions in the permit amendment.
(g)
If the deviations exceed the scope of (c), above, the permit holder
shall submit a new application if the permit holder wants to proceed with the
project as modified.
(h) The amendment of a permit pursuant to this
section shall not:
(1) Modify the
expiration date of the original permit; or
(2) Subject any
provision of the original permit that was not amended to a new appeal period.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.21) ss by
#12342, eff 8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.23 Permit Amendment to Reflect
Change in Ownership of Property, Permit.
(a) Within 10 days of transferring any property
identified in (b), below, or of transferring an AOT permit for any property
identified in (b), below, to a new property owner or permit holder, or both,
the transferor(s) shall notify the department and request a transfer of the
permit as specified in (c) - (e), below.
(b) The requirements of this section shall apply
to:
(1) Any site, or
portion thereof, that is subject to an AOT permit and on which any
permit-related activities are incomplete; and
(2) Any site,
or portion thereof, that was developed for commercial or industrial use under
an AOT or site specific permit on which all permit-related activities are
complete but that has a stormwater management system for which on-going
inspection and maintenance is required.
(c) The transferor(s) shall notify the department
of the change and request an amendment to reflect the new permit holder or the
new property owner, or both, as applicable, by submitting an “Amendment Request
Form”, NHDES-W-01-001, dated 2017, available at http://des.nh.gov/organization/divisions/water/aot/categories/forms.htm, completed as specified in
Env-Wq 1503.27 and signed as specified in (d) and (e), below.
(d) Subject to (f), below, each transferor shall
sign and date the Amendment Request Form as specified in Env-Wq 1503.10, which
in addition to the certifications specified in that section shall constitute
certification that the transferor:
(1) Has
provided the original permit or a complete copy thereof, including all approved
plans and specifications, to the transferee(s); and
(2) Is
relinquishing all rights to the permit as originally issued.
(e) Each transferee shall sign and date the
Amendment Request Form as specified in Env-Wq 1503.10, which in addition to the
certifications specified in that section shall constitute certification that
the transferee:
(1) Has
received the original permit or a complete copy thereof, including all approved
plans and specifications; and
(2) Agrees to
comply with RSA 485-A:17, Env-Wq 1500, the permit, and all conditions contained
in the permit, including the requirement for on-going inspection and
maintenance of the stormwater management system if applicable.
(f) If property ownership has been transferred at
the time the notice is provided to the department, the transferee(s) may
substitute a copy of the recorded deed for the signature(s) of the
transferor(s).
(g) The department shall amend the permit as
requested and send a copy of the amended permit to the new permit holder upon
receipt of the information required by (c), above, and the signed
certifications required by (d) and (e), above.
(h) The amendment of a permit pursuant to this
section shall not:
(1) Modify the
expiration date of the original permit; or
(2) Subject any
provision of the original permit that was not amended to a new appeal period.
(i) If a permit is issued to an applicant that
has a contingent or conditional interest in the property and the applicant does
not obtain an enforceable proprietary interest in the property, the department
shall not transfer the permit unless the applicant requests the transfer.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq
1503.23)
Env-Wq
1503.24 Permit Expiration.
(a) As specified in RSA 485-A:17, II-d, any
permit issued under the authority of RSA 485-A:17 other than for the ongoing
excavation or mining of earth materials shall expire 5 years from the date of
issuance, except that the department shall grant one extension of up to 5
additional years if the requirements specified in RSA 485-A:17, II-d (a)-(g),
as reprinted in Appendix D, are met.
(b) Any
permit condition(s) or other requirement(s) relative to implementing and
maintaining permanent methods of protecting water quality shall survive the
expiration of the permit and any suspension, revocation, or refusal to renew
the permit.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq
1503.23) ss by #12342, eff 8-15-17 (See Revision Note #3 at chapter heading for
Env-W1 1500)
Env-Wq
1503.25 Permit Amendment to Extend
Permit Duration.
(a) To request an extension of a permit’s
duration, the permit holder shall:
(1) Submit an “Amendment Request Form”,
NHDES-W-01-001, dated 2017, available at http://des.nh.gov/organization/divisions/water/aot/categories/forms.htm, completed as specified in Env-Wq 1503.27 and signed
as specified in Env-Wq 1503.10; and
(2) File the
written request with the department prior to the expiration of the permit, but no more than
90 days prior to the expiration of the permit.
(b) If changes to the original permit have been,
are being,
or will be made, the permit holder shall identify the changes and:
(1) If the
changes meet the criteria of Env-Wq 1503.21(d)(1)-(8) for deviations allowed
without a permit amendment, submit the plans and narrative required by Env-Wq
1503.21(d)(9); or
(2) If the
changes meet the criteria of Env-Wq 1503.22(c) for changes allowed to be made
under a permit amendment, submit a request for a permit amendment under Env-Wq
1503.22 in addition to a request for a permit extension.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq
1503.23) ss by #12342, eff 8-15-17 (See Revision Note #3 at chapter heading for
Env-Wq 1500)
Env-Wq
1503.26 Effect of Extension Request;
Action on Request.
(a) A request for extension that meets all
requirements of Env-Wq 1503.25 shall be timely and sufficient for purposes of
RSA 541-A:30, I, such that the permit holder may continue working under the
permit until:
(1) If the extension
is granted, the new expiration date specified in the extended permit; or
(2) If the
extension is denied:
a. The last day
for appealing the denial to the water council, if an appeal is not filed within
that time;
b. The last day
for seeking judicial review of the water council’s decision, if a request for
judicial review is not filed within that time; or
c. If a request
for judicial review is filed, the date on which decision of the reviewing court
becomes final.
(b) If a request for extension is not filed or
does not meet all requirements of Env-Wq 1503.25, no work shall be done on the
project after the expiration of the permit.
In such cases, any person who wishes to continue the project shall
submit an application for a new permit that meets current requirements.
(c)
After reviewing an extension request submitted in accordance with Env-Wq
1503.25, the department
shall extend the permit for a reasonable amount of time, but in no case more
than 5 years, based on considerations of the amount of work left to be done on
the project and weather or other seasonal factors, if the department
determines that:
(1) The
requested extension will not violate any statute or rule;
(2) Surface
water quality and groundwater quality will continue to be protected as under
the original permit;
(3) The project
is proceeding in accordance with the permit, including all plans approved and
made part of the permit;
(4) None of the
grounds for suspending or revoking the permit as provided in Env-Wq 1503.29 or
for refusing to renew a license as specified in Env-C 209.02 apply to the
permit holder;
(5) If
applicable, an inspection report has been completed and submitted as required
by Env-Wq 1503.27(g)(3); and
(6) The permit
has not previously been extended.
(d) The decision to extend or to not extend a
permit pursuant to this section may be appealed, but no provision of the
original permit shall be subject to appeal.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq
1503.23) ss by #12342, eff 8-15-17 (See Revision Note #3 at chapter heading for
Env-Wq 1500)
Env-Wq
1503.27 Amendment Request Form. The person requesting an amendment under
Env-Wq 1503.22, Env-Wq 1503.23, or Env-Wq 1503.25 shall provide the following
information on the “Amendment Request Form”, NHDES-W-01-001, dated 2017 (form),
available at http://des.nh.gov/organization/divisions/water/aot/categories/forms.htm:
(a)
The type of amendment being requested;
(b) Information to identify the project,
including the project name and location by street or road address, town or
city, and county, and the tax map and lot, block, or unit number;
(c)
Information to identify the current permit, including the permit number,
current expiration date, and name of the department employee who signed the
permit;
(d)
Information to identify the current permit holder and the current permit
holder’s agent, if any, including the information specified in Env-Wq
1503.07(a) and (b);
(e)
Information to identify the current property owner, if other than the
permit holder, and the property owner’s agent, if any, including the
information specified in Env-Wq 1503.07(c) and (d);
(f)
If the form is being submitted to request a permit transfer under Env-Wq
1503.23, the following additional information:
(1) The full
legal name, mailing address, and daytime telephone number of each new owner to
whom the permit should be transferred, and, if available, an e-mail address for
that owner; and
(2) If any new
owner is a corporation, partnership, trust, or other entity, the name, mailing
address, and daytime telephone number of the individual representing that owner
for the project with whom the department can communicate regarding the project
and, if available, an e-mail address for the representative;
(g) If the form is being submitted to request a
permit extension under Env-Wq 1503.25, the following additional information:
(1) An
explanation of why the extension is being sought;
(2) An
explanation of whether changes to the original permit and approved plans have
been, are being, or will be made; and
(3) If any work
on the property has been done, a report based on an inspection that occurred no
more than 30 days prior to the date the permit extension request is submitted
by a certified professional erosion and sediment control specialist (CPESC
specialist), or a qualified engineer, based on an inspection of the site
without snow cover, that contains:
a. A
description of the progress of the project, including whether the project as
originally proposed and permitted meets all current requirements for such
projects and, if not, which requirements are not being met;
b. If any
requirements are not being met, an explanation of the corrective actions that
will be or are being taken to bring the project into compliance with applicable
requirements and the deadline by which such actions will be completed; and
c. Photographs
of the site that are representative of the project; and
(h)
If the form is being submitted to request modifications to an approved
project under Env-Wq 1503.22, the following additional information:
(1) A description of the changes the permit holder
wishes to make, including the area of disturbance associated with the changes
in square feet;
(2) An
explanation of why the changes are needed;
(3) Which plan
sheets show the proposed changes, together with the revised plan sheets;
(4) Revised
calculations, if necessary; and
(5) If the area
proposed to be disturbed under the amended permit is outside the area allowed
to be disturbed under the original permit, a letter from NHB as specified in
Env-Wq 1503.08(b) for the area proposed to be disturbed under the amended
permit.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-B, eff 12-1-10
(formerly in Env-Wq 1503.21(f), Env-Wq 1503.22(b), and Env-Wq 1503.23(b))
ss by #12342, eff 8-15-17 (See Revision Note #3 at chapter heading for Env-Wq
1500)
Env-Wq
1503.28 Duration of Permits for
Excavation, Grading, and Reclamation Projects; Required Updates.
(a) As specified in RSA 485-A:17, II-e, a permit
for an excavation, grading, and reclamation project shall not expire for the
life of the project identified in the permit, provided that the permit holder
submits a written update of the project’s status as specified in (b), below,
every 5 years from the date of the permit using a form obtained from the
department.
(b) The written update shall:
(1) Include the information and photographs specified in
(c), below, and revised plans as specified in (d), below; and
(2) Be signed
as specified in Env-Wq 1503.10.
(c) The information and photographs required by
(b), above, shall include the following:
(1) The name,
mailing address, and daytime telephone number of each permit holder, and, if
available, the e-mail address for that permit holder;
(2) If the
permit holder is a corporation, partnership, trust, or any other entity, the
name, title, mailing address, and daytime telephone number of the individual
representing the permit holder, and, if available, the e-mail address of the
representative;
(3) If the
permit holder is represented by an agent, the name, title, mailing address, and
daytime telephone number of the individual representing the permit holder, and,
if available, the e-mail address of the agent;
(4) A description of the progress of the project,
including whether the project as originally proposed and permitted meets all
current requirements for such projects and, if not, which requirements are not
being met;
(5) If any
applicable requirements are not being met, an explanation of the corrective
action(s) that will be or are being taken to bring the project into compliance
with applicable requirements and the deadline by which such actions will be
completed;
(6) Photographs
taken in a period of no snow cover that are representative of existing site
conditions, with a description of what each photograph is showing that is
referenced to the project plans;
(7) A schedule
for reclamation of any area(s) that have not been reclaimed and have not been
active in the last 24 months; and
(8) The due
date of the next status report.
(d) The revised plans required by (b), above,
shall show the following:
(1) Existing and
proposed contours of the site clearly delineated at 5-foot intervals, created
with a computer-aided design software if available;
(2) An outline
on the grading plans showing the limits of permitted disturbance and the
existing limits;
(3) A delineation
of the areas that have been reclaimed;
(4) A
delineation of the areas that have not been reclaimed and have not been active
in the last 24 months; and
(5) The
schedule and date provided pursuant to (c)(7)-(8), above.
(e) If a permit holder fails to submit a written
update and revised plans as required by (a), above, the permit shall be subject
to suspension or revocation pursuant to Env-Wq 1503.29.
(f) Any
permit condition(s) or other requirement(s) relative to implementing and
maintaining permanent methods of protecting water quality shall survive any
suspension or revocation of the permit.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq
1503.23) ss by #12342, eff 8-15-17 (See Revision Note #3 at chapter heading for
Env-Wq 1500)
Env-Wq
1503.29 Suspension or Revocation of
Approvals.
(a) For purposes of this section, “approval”
means an issued permit or waiver, as applicable.
(b) Upon finding that good cause as specified in
(i), below, exists to suspend or revoke an approval, the department
shall initiate an action pursuant to RSA 541-A:30, II, RSA 541-A:31, and the
provisions of Env-C 200 applicable to adjudicative proceedings to suspend or
revoke the approval.
(c) The notice issued to initiate the action
shall comply with RSA 541-A:31, III.
(d) The department shall suspend the approval if
the department
determines, as a result of the proceeding initiated under (b), above, that:
(1) The
deficiencies can be corrected such that the project conforms to applicable
requirements; and
(2) If the
basis for the action is that the information on which the approval was issued
was incorrect, incomplete, or misleading:
a. The
deficient information was submitted inadvertently or negligently; and
b. The approval would have been issued if
correct, complete, and not misleading
information had been submitted originally.
(e) If the department suspends the approval, the
decision issued pursuant to (h), below, shall:
(1) Specify a
reasonable time in which the person to whom the approval was issued may correct
the deficiencies which formed the basis for the suspension; and
(2) Notify the
person to whom the approval was issued that if the deficiencies are not
corrected within the time specified, the approval will be revoked.
(f) A decision to suspend an approval pending receipt of
adequate and correct information
shall not be considered a final decision from which an appeal may be
taken.
(g) The department shall revoke the approval if
the department
determines, as a result of the proceeding initiated under (b), above, that:
(1) The deficiencies cannot be corrected such that the
project conforms to applicable requirements; or
(2) If the
basis for the action is that the information on which the approval was issued
was incorrect, incomplete, or misleading:
a. The permit holder
submitted deficient information with the intent to mislead or to avoid one or
more requirements of the statute or rules; or
b. The approval would not have been issued if correct,
complete, and not misleading information had been submitted originally.
(h) The department shall issue a written decision
to the person to whom the approval was issued.
If the approval is suspended or revoked, the decision shall specify the
reason(s) for the decision.
(i) Good cause to suspend or revoke an approval shall
include the following:
(1) Information
material to the decision to issue the approval was incorrect, incomplete, or
misleading;
(2) The project
is not in compliance with the terms of the approval, including the plans
approved and made part of the approval; or
(3) The person
to whom the approval was issued is a chronic non-complier as defined in Env-C
209.01(b).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1503.24) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.30 Appeal.
(a) Any person aggrieved by a final decision of
the department
to issue or deny a permit or other approval based on the merits of the
application who wishes to appeal the decision shall appeal the decision as a
permitting decision to the water council in accordance with RSA 21-O:14 and the
water council’s procedural rules, currently Env-WC 200.
(b)
Any person aggrieved by a final decision of the department to revoke or
refuse to renew a permit based on non-compliance with RSA 485-A:17 or this
chapter shall appeal the decision as an enforcement decision to the water
council in accordance with RSA 21-O:14 and the water council’s procedural
rules, currently Env-WC 200.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1503.25) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq 1503.31 After-the-Fact Applications.
(a)
Any application received by the department after the work has been
initiated or completed shall be subject to:
(1) All requirements that would have applied if
the application had been submitted as required by law; and
(2) The additional requirements specified in (c),
below.
(b)
The department’s acceptance or consideration of an after-the-fact
application, or issuance of an after-the-fact permit, shall not in any way
limit the exercise of any enforcement authority conferred by law on the
department, the attorney general, or any other federal, state, or local
authority relative to the work that was done without a permit.
(c)
In addition to all information required by Env-Wq 1503 and Env-Wq 1504,
an after-the-fact application shall include the following:
(1) An erosion
control and stabilization plan prepared by a qualified engineer or CPESC
specialist;
(2) If the work
is on-going, a construction monitoring plan with inspection reports prepared by
a qualified engineer or CPESC specialist;
(3) A current
conditions plan that clearly identifies all disturbances and construction that
was done without a permit;
(4) A description
of all prior disturbances on the property; and
(5) An
explanation as to why work was done without a permit.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1503.26) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1503.32 Fees.
(a) For any application submitted pursuant to
Env-Wq 1503.05, the application fee shall be as follows:
(1) For
projects that disturb more than 100,000 square feet of contiguous area, or more
than 50,000 square feet if any portion of the disturbance is within the
protected shoreland as defined in RSA 483-B, the fee shall be as specified in
RSA 485-A:17, II; and
(2) For all
other projects, the fee shall be $500 plus $0.005 per square foot of
disturbance.
(b) For permit amendment requests submitted
pursuant to Env-Wq 1503.22, the fee shall be $250 plus $0.005 per square foot
of disturbance associated with the amendment request.
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1500) #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See Revision Note
#3 at chapter heading for Env-Wq 1500)
PART Env-Wq 1504
PLANS AND CALCULATIONS
Env-Wq
1504.01 Preparation of Reports and
Plans; Scale; Construction Sequence Noted.
(a) Each permit application shall contain only
one cohesive set of plans, such that each sheet has the same orientation and
continuing sheets clearly show match lines.
(b) Any plan that depicts property boundaries or
other aspects of the practice of land surveying as defined in RSA 310-A:54, IV
shall bear the seal of a land surveyor licensed in accordance with RSA
310-A:53-74.
(c) Any plan that depicts the location of
wetlands and surface waters and their banks, including perennial and
intermittent streams, vernal pools, tidal buffer zones, and designated prime
wetlands as identified under RSA 482-A shall bear the seal of a certified
wetland scientist (CWS) as defined in RSA 310-A:76, II-a.
(d) If the property does not contain any of the
water features described in Env-Wq 1504.06(d), the plans shall include a
statement from a CWS that the CWS has investigated the property and no water
features were found.
(e) Stormwater drainage reports, drainage area
plans, hydrologic soil group plans, and any other reports or plans that require
the practice of engineering as defined in RSA 310-A:2, III shall:
(1) Be prepared
by or under the direct supervision of a qualified engineer;
(2) Bear the
signature and seal of the qualified engineer who is responsible for them; and
(3) Be
dated.
(f) Plans and soil maps shall be at a scale
appropriate to clearly depict the information provided, subject to the
following:
(1) If a
particular scale is specified in the rule for certain information, that scale
shall be used for that information; and
(2) If a
detail is not drawn to scale, the detail shall clearly so indicate.
(g) The construction sequence showing compliance
with Env-Wq 1505.03 relative to maximum open area shall be noted on the plans
so as to clearly inform the contractor of the construction sequence and any
limitations contained therein.
(h) Information to show compliance with Env-Wq
1506.12 relative to temporary stormwater diversion shall be noted on the plans.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading or Env-Wq 1500)
Env-Wq
1504.02 Land Conversion Erosion and
Sediment Control Plans. Land
conversion erosion and sediment control plans shall be drawn at a scale of one
inch equals 100 feet, or at a scale that provides greater detail, to show the
following:
(a) Existing and proposed contours of the site at
5-foot intervals;
(b) The information specified in Env-Wq
1504.06(a) through (m); and
(c) A seeding or crop planting plan.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading or Env-Wq 1500)
Env-Wq
1504.03 Excavation, Grading, and
Reclamation Plans. Excavation, grading,
and reclamation plans shall be drawn at a scale of one inch equals 100 feet, or
at a scale that provides greater detail, to show the following:
(a) Existing and proposed contours of the site at
5-foot intervals;
(b) All of the information specified in Env-Wq
1504.06; and
(c) Proposed details for site reclamation,
including specifications for permanent seeding and any other planned plantings.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading or Env-Wq 1500)
Env-Wq
1504.04 Steep Slope Erosion and
Sediment Control Plans. Steep slope
erosion and sediment control plans shall be drawn at a scale of one inch equals
50 feet, or at a scale that provides greater detail, to show the following:
(a) Existing and proposed final contours at
2-foot intervals or less;
(b) The information specified in Env-Wq 1504.06(a)
through (m), as applicable, limited to a distance of 250 feet from the area of
activity that meets the criteria of Env-Wq 1502.58(b)(1); and
(c) Proposed specifications for permanent seeding
and any other planned plantings.
Source. (See Revision Note #2 at chapter heading for
Env-Wq 1500) #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (See Revision Note
#3 at chapter heading or Env-Wq 1500)
Env-Wq
1504.05 Detailed Development Plans. Detailed development plans shall be drawn at
a scale of one inch equals 50 feet, or at a scale that provides greater detail
to show the following:
(a) Existing and proposed final contours at
2-foot intervals or less;
(b) All of the information specified in Env-Wq
1504.06; and
(c) Proposed specifications for permanent seeding
and any other planned plantings.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1504.04) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading or Env-Wq 1500)
Env-Wq
1504.06 Plan Information. Plans shall depict or otherwise include the
following:
(a) The boundaries of the property on which the
project will occur;
(b) For the area of activity and within 250 feet,
the following:
(1) All existing
or proposed lot lines;
(2) All
existing and proposed impervious or otherwise disturbed surfaces, including but
not limited to borrow areas, roadways, driveways, parking areas, sidewalks,
roofs, and structures, provided that if the applicant does not have survey
access to abutting properties or other access to survey information, the
information for abutting properties shall be provided using aerial photographs;
and
(3) All areas
of undisturbed cover that will remain undisturbed;
(c) All areas on the property for which a permit
under RSA 485-A:17, I, was or should have been obtained, with identification of
the permit by number if a permit was obtained;
(d) The location(s) and type(s) of all existing
vegetative cover;
(e) All water features as applicable, including
but not limited to:
(1) The
direction of water flow;
(2) The maximum
high-water mark and usual shorelines;
(3) The reference line as defined
by RSA 483-B;
(4) The location of wetlands
and surface waters and their banks, including perennial and intermittent
streams, vernal pools, tidal buffer zones and designated prime wetlands as
identified under RSA 482-A;
(5) The limits of the 100-year floodplain; and
(6) The 0.25-mile designated river limit as
identified under RSA 483;
(f) All drinking water supply well sources, whether
private or public, with set-backs as specified in Env-Wq 1508.02;
(g) Soil types from NRCS maps or site-specific
soil mapping if done per Env-Wq 1504.09(b)(2);
(h) A clear delineation of the total area to be
disturbed, including proposed improvements or modifications;
(i) Proposed temporary methods for protecting
water quality in accordance with Env-Wq 1505.05, including devices and timing
of implementation for erosion, sediment, and runoff control, that are adequate
to prevent violations of the SWQ standards;
(j) A note requiring fugitive dust to be
controlled in accordance with Env-A 1000;
(k) A note requiring the project to meet the
requirements and intent of RSA 430:51-57 and Agr 3800 relative to invasive
species;
(l) Construction phasing and sequencing that
shows the maximum area that can be disturbed at one time in compliance with
Env-Wq 1505.03, including but not limited to methods for limiting the length of
time that soils remain unstabilized;
(m) Proposed cold weather stabilization
techniques in accordance with Env-Wq 1505.06, if applicable;
(n) Proposed permanent methods for protecting
water quality from degradation due to runoff from any developed land area,
including but not limited to paved surfaces, commercial and industrial roofs,
parking lots, commercial and industrial areas, and other developed surfaces, in
accordance with Env-Wq 1507, that are adequate to prevent violations of the SWQ
standards;
(o) A complete storm drainage system, including
size, slope, and invert elevations of all pipes and culverts, and detention
measures;
(p) A note explaining the intended use of the
site or, if the intended use is unknown at the time the permit is issued, a
note indicating whether or not local zoning allows for high-load uses and
acknowledging that if a high-load use is proposed, the property owner or permit
holder shall submit a source control plan as per Env-Wq 1504.08 for approval
prior to the commencement of operations of a high-load use;
(q) Roadway stations shown every 100 feet; and
(r) If applicable, existing and proposed drainage
easement boundaries and maintenance access easement boundaries for proposed
methods for protecting water quality as described in Env-Wq 1507, together with
a statement signed by the applicant as specified in Env-Wq 1503.10 that the
deeds for all proposed easements will be recorded as required by Env-Wq 1504.07.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.05) ss by
#12342, eff 8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1504.07 Deed Restrictions; Easements.
(a) The applicant shall submit the following with
the application:
(1) Site plans
showing the project boundaries, lot lines, surface waters, drainage system and
drainage divides, areas of undisturbed cover, and the location of all existing
and proposed impervious areas, including but not limited to roadways,
sidewalks, roofs, buildings, and driveways;
(2)
Calculations of the percent effective impervious cover (% EIC);
(3)
Calculations of the percent undisturbed cover (% UDC); and
(4) As
applicable, deed restrictions and easements per (b), and (c), below, provided
that no deed restrictions or easements related to a shared stormwater
management system shall be created on any lot that will be sold for a private
residence that will not directly contribute stormwater to the system.
(b) Subject to (c), below, the owner shall prepare
written deed restrictions or easements, as applicable, and submit them to the
department for review whenever the original or amended plans show:
(1) That the
drainage for individual lots or portions of individual lots will be maintained
within the individual lot boundary and not connected to the site drainage
network, in which case the deed restrictions for each lot shall state that
current and future connection of the lot drainage to the site drainage network
is prohibited and that all stormwater must be treated, and drainage maintained,
on the individual lot;
(2) Areas of undisturbed cover (UDC)
that will be used to meet antidegradation requirements, in which case the
easements or deed restrictions for each area of UDC shall state
that current and future development of the UDC areas is prohibited;
(3) Drainage easement(s) including but not
limited to easements established to protect vegetated buffers; or
(4) Maintenance access easement(s).
(c) The
requirements of (b)(1) and (2), above, shall not apply to activities that require
an excavation, grading, and reclamation plan if no permanent structures will be
built.
(d) If a permit is issued based on plans that
show one or more proposed easements or deed restrictions, the permit holder
shall record the easement(s) and deed restrictions, as applicable, and provide
copies of the recorded documents to the department prior to offering any of the
property for sale or otherwise developing the property.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1504.06) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1504.08 Source Control Plans.
(a) A source control plan required by Env-Wq
1503.11(f) shall be designed to:
(1) Minimize the volume of stormwater and runoff
that can contact regulated substances; and
(2) Segregate relatively
clean stormwater and runoff from stormwater and runoff that has a higher
concentration of pollutants.
(b) The owner of a site from which stormwater
will discharge that requires an NPDES permit as defined under 40 CFR 122.26 may
submit a stormwater pollution prevention plan (SWPPP) to meet the requirements
of this section for a source control plan if such SWPPP also identifies:
(1) The
location(s) of groundwater protection areas, if any, within 1,000 feet of the
site perimeter; and
(2)
Procedures and practices to protect groundwater quality.
(c) The source control plan may exclude the items
described in (e)(2) through (e)(10), below, if the plan demonstrates that the
site is designed in a manner that will prevent the exposure of regulated
substances to precipitation or runoff, taking into account the possibility of
accidental spills.
(d) The source control plan may exclude the items
described in (e)(3) through (e)(10), below, if the plan covers only a
commercial parking lot where the only regulated substance exposed to rainfall
or runoff is road salt that has been applied for deicing of pavement on the
site, provided that snow and ice management will be done by a commercial
applicator certified under Env-Wq 2200.
(e) A source control plan shall consist of:
(1) An overview of how source controls, including
structural or operational management practices, will prevent or minimize the
amount of regulated substances from mixing with clean stormwater;
(2) A plan showing the location(s) of snow
storage areas;
(3) A list of regulated substances expected to be
present on the site in quantities of 5 gallons or more;
(4) The location(s) of groundwater protection
areas, if any, within 1,000 feet of the site perimeter;
(5) A plan depicting the drainage area with
exposed regulated substances and the location(s) of stormwater management
systems or discharge point(s) serving those areas, including latitude-longitude
point(s) of the practice or discharge point(s) to within plus or minus 5 meters
of the practice or discharge point;
(6) The location(s) and containment method(s) to
be employed for storage of regulated substances;
(7) A plan depicting the location(s) where
regulated substances will be handled, including the storage, loading and
unloading, transportation, or conveyance of any raw material, intermediate
product, finished product, by-product, or waste product;
(8) A description of spill prevention and control
or containment measures;
(9) A list of the phone numbers and mailing
addresses of the owner of the facility; and
(10) A program of training
to familiarize employees with the plan and to ensure its implementation.
(f) The owner of a site for which a source
control plan is required shall:
(1) Update
the source control plan as necessary to reflect changes in the storage of
regulated substances;
(2) Submit the
updated source control plan to the department whenever it is updated; and
(3) Certify
once every 3 years that the site is in compliance with its permit with respect
to the implementation of its source control plan, by submitting to the
department a completed and signed Source Control Plan Certification Form dated
2017.
(g) The owner shall provide the following
information and certifications on the Source Control Plan Certification Form
required by (f), above:
(1) The AOT
permit number;
(2) The town
or city in which the project is located;
(3) The name
and title of the individual who has been authorized to sign the form on behalf
of the owner;
(4) The mailing address, telephone number including
area code, and email address of the authorized individual;
(5) The date
of the plans that were originally approved as part of the AOT permit and the
date of the most recent amendment of such plans, if any;
(6) The date
of the originally-approved source control plan and the date of the most recent
revision of such plan, if any;
(7) As
applicable, certification that:
a. No
changes have occurred in the storage, handling, or use of regulated substance
or to the structural or non-structural controls as described in the most
recently-approved source control plan;
b.
Activities that expose regulated substances to precipitation or runoff
that were not identified in the most recently-approved source control plan are
now occurring, and:
1. An
updated source control plan was submitted to the department, with the date of
such submission; or
2. An
updated source control plan is attached to the certification; or
c. There are
no longer any activities on the property that expose regulated substances to
precipitation or runoff and so a source control plan is no longer required; and
(8)
Certification that:
a. The
information provided on or otherwise submitted with the certification form is
true, complete, and not misleading to the knowledge and belief of the signer;
and
b. The
signer understands that if the information is untrue, incomplete, or
misleading, the signer is subject to the penalties specified in New Hampshire
law for falsification in official matters, currently RSA 641.
Source. (See Revision Note #1 at chapter heading for Env-Wq
1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq
1500) renumbered by #9817-A (formerly Env-Wq 1504.07) ss by #12342, eff 8-15-17
(See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1504.09 Stormwater Drainage Report;
Drainage Area Plans; Hydrologic Soil Group Plans. A stormwater drainage report, associated drainage
area plans, and associated hydrologic soil group plans shall include the
following:
(a)
A narrative with the following information:
(1) A description of the pre-development and
post-development conditions affecting drainage;
(2) The total impervious area assumed per lot, as
applicable;
(3) A discussion of how the proposed development
is likely to impact downstream surface waters and properties;
(4) A comparison between the pre-development peak
discharge rates and the post-development peak discharge rates, for the
one-year, 2-year, 10-year, and 50-year, 24-hour storms;
(5) A discussion of how treatment criteria will
be met in accordance with Env-Wq 1507.03; and
(6) A discussion of how groundwater recharge is
met in accordance with Env-Wq 1507.04;
(b) Calculations for pre- and post-construction
stormwater drainage, for 24-hour duration storms with minimum return
frequencies of once in one year, 2 years, 10 years, and 50 years using the NRCS
“National Engineering Handbook”, part 630, hydrology, dated November 2015 or
Win TR-20, version 3.10, as developed by the NRCS for determining the rate of
runoff, both available as noted in Appendix B, subject to the following:
(1) Depth of precipitation shall be determined
using either of the following, both available as noted in Appendix B:
a. “Extreme Precipitation in a Changing Climate
for New York and the New England States”, version 1.12, published by the USDA,
NRCS and Cornell University’s Northeast Regional Climate Center; or
b.
“NOAA Atlas 14, Precipitation-Frequency Atlas of the United States”, Volume 10,
Version 2.0, 2015, published by the National Oceanic and Atmospheric
Administration, National Weather Service;
(2) The time of concentration shall be determined
as follows:
a. If using the
Lag method for determining the time of concentration, identify the hydraulic
length in feet and provide calculations for determining the average land slope
in percent for each sub-basin;
b. If using the
velocity method for determining the time of concentration, identify the sheet
flow path(s), the shallow concentrated flow path(s), and the channel flow
path(s) for each sub-basin; and
c. Sheet flow
shall be limited to 100 feet;
(3) The curve number for each sub-basin shall be
calculated as follows:
a. For proposed
areas of disturbance, including lot development, the hydrologic condition for
woods, meadows, or pastures shall be assumed to be “good”;
b. For proposed
areas of disturbance, including lot development, soil types shall be identified
in accordance with the Society of Soil Scientists of Northern New England
(SSSNNE) Special Publication No. 3, Site-Specific Soil Mapping Standards for
New Hampshire and Vermont, February 2011, available as noted in Appendix B; and
c. For all
other areas that contribute runoff to the project site, soil types shall be:
1. Taken from the NRCS county-wide web soil survey
at http://websoilsurvey.nrcs.usda.gov;
or
2. Identified in accordance with SSSNNE Special
Publication No. 3, Site-Specific Soil Mapping Standards for New Hampshire and
Vermont, February 2011, available as noted in Appendix B; and
(4) If the calculations are done using software
that provides error messages, warnings, or other such indicators, such as
HydroCAD®, a copy of the calculations shall be submitted that shows all error messages,
warnings, and other such indicators;
(c)
WQV, WQF, and GRV calculations;
(d)
Calculations for designing outlet protection;
(e)
Drainage area plans for pre- and post-construction that delineate each
sub-basin, including off-site areas which flow onto the project area, at a
scale for off-site areas of one inch equals 100 feet, or at a scale of one inch
equals 2,000 feet if delineated from a USGS map, and at a scale of one inch
equals 50 feet for on-site areas, identifying the following:
(1) The location of sub-basins, reaches, ponds,
and all points of interest, as modeled in the stormwater drainage report;
(2) The hydraulic length or time of concentration
flow path;
(3) Contours for on-site areas at the same
intervals as the plans prepared pursuant to Env-Wq 1504.02 through Env-Wq
1504.05, as applicable, and contours for off-site areas at the same interval or
at the intervals on the applicable USGS map;
(4) Roadway station numbering, if applicable; and
(5) Drainage structures such as detention basins,
culverts, and treatment practices;
(f)
If the plans prepared pursuant to (e), above, for the on-site areas
comprise more than 3 sheets at the specified scale, an overview sheet which
shows the location of each 50-foot scale sheet and an outline of the area to be
impacted by the proposed project; and
(g)
Hydrologic soil group plans for pre- and post-construction that delineate
each sub-basin, including off-site areas which flow onto the project area,
identifying the following:
(1) The location of sub-basins, as modeled in the
stormwater drainage report;
(2) If hydrologic soil groups are determined in
accordance with (b)(3)b. or (b)(3)c.2., above, the locations of the different
soil groups using the following color-coding:
a. Hydrologic soil group A soils shall be shaded
green;
b. Hydrologic soil group B soils shall be shaded
yellow;
c. Hydrologic soil group C soils shall be shaded
orange;
d. Hydrologic soil group D soils shall be shaded
red;
e. Open water features shall be shaded blue; and
f. Impervious cover shall be shaded gray;
(3) If hydrologic soil groups are determined in
accordance with (b)(3)c.1., the locations of the different soil groups using
the color-coding assigned by the NRCS;
(4) The map symbol identifying the soil mapped;
and
(5) A map legend.
Source. (See Revision Note #1 at chapter heading for Env-Wq
1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq
1500) amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.08) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-W1 1500)
Env-Wq
1504.10 Calculation of Water Quality
Volume (WQV). Water quality volume
(WQV) shall be calculated using the Unified Sizing Criteria as follows:
(a) “P” means one inch of rainfall;
(b) “A” means the total area draining to the
design structure;
(c) “I” means the percent impervious area
draining to the design structure, in decimal form;
(d) “Rv” means the unit-less runoff coefficient
calculated as the sum of 0.05 plus the product of I multiplied by 0.9, as in
the formula below:
Rv = 0.05 + (0.9 x I)
(e) To calculate the WQV, the applicant shall
multiply the product of Rv and A by P, as shown in the formula below:
WQV = P x A x Rv
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1504.09) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-W1 1500)
Env-Wq
1504.11 Calculation of Water Quality
Flow (WQF).
(a)
“WQV” means water quality volume calculated in accordance with Env-Wq
1504.10.
(b)
“qu” means the unit peak discharge from exhibits 4-II and
4-III of TR-55, Urban Hydrology for Small Watersheds, NRCS, June 1986 (TR-55),
available as noted in Appendix B, using the values for P, A, Q, CN, S, and Ia
as described in (c) through (h), below.
(c) “P” as used in exhibits 4-II and 4-III of
TR-55 and for the calculation of CN in (f), below, means one inch of rainfall.
(d)
“A” as used for the calculation of Q in (e), below, means the total area
draining to the design structure.
(e)
“Q” as used for the calculation of CN in (f), below, means the water quality
depth, calculated as WQV divided by A, as shown in the formula below:
Q = WQV / A
(f)
“CN” as used for the calculation of S in (g), below, means the unit peak
discharge curve number, calculated by dividing 1000 by the value obtained by
adding 10 to 5 times P and adding 10 times Q, and then subtracting 10 times the
value obtained by adding Q squared to the product of 1.25 times Q times P and
raising the sum to the 0.5 power, as shown in the formula below:
CN = 1000 /
(10 + 5P + 10Q – 10 x [Q2 + 1.25 x Q x P] 0.5)
(g)
“S” as used for the calculation for Ia in (h), below, means the
potential maximum retention in inches, calculated by subtracting 10 from the
value obtained by dividing 1000 by CN, as shown in the formula below:
S = (1000 /
CN) - 10
(h)
“Ia” as used in TR-55 exhibits 4-II and 4-III means the initial
abstraction, calculated by multiplying 0.2 by S, as shown in the formula below:
Ia = 0.2 x S
(i) To calculate the WQF, the applicant shall
multiply qu by WQV, as shown in the formula below:
WQF = qu x WQV
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1504.10) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-W1 1500)
Env-Wq
1504.12 Calculation of Groundwater
Recharge Volume (GRV).
(a) “GRV” means the groundwater recharge volume.
(b) “AI” means the total area of
impervious cover that will exist on the site after development minus the area
of any impervious cover that existed on the site prior to the development,
regardless of whether the existing impervious area was disturbed.
(c)
“Rd” means the groundwater
recharge depth based on the NRCS hydrologic soil group, as follows, subject to
(d), below:
(1) For hydrologic soil group A, the Rd
shall be 0.40 inches;
(2) For hydrologic soil group B, the Rd
shall be 0.25 inches;
(3) For hydrologic soil group C, the Rd
shall be 0.10 inches; and
(4) For hydrologic soil group D, recharge shall
not be required.
(d) Where more than one hydrologic soil group is
present, a weighted recharge depth shall be computed based on the area of each
soil group present.
(e) The applicant shall calculate the GRV by
multiplying AI by Rd, as shown in the formula below:
GRV = AI x Rd
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.11) ss by
#12342, eff 8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1400)
Env-Wq
1504.13 Infiltration Feasibility
Report. The infiltration feasibility
report required by Env-Wq 1503.08(f)(3) shall contain the following:
(a) The location of the practice;
(b) A description of the existing topography at
the location of the practice;
(c) The locations of the test pits or borings
which constitute the following required number of test pits or borings:
(1) At least
one test pit in each infiltration basin area of less than 2,500 square feet;
(2) At least 2
test pits in each infiltration basin area of 2,500 square feet or greater, with
an additional one test pit or boring in every 10,000 square feet of
infiltration basin area; or
(3) At least
one test pit in each infiltration trench with an additional one test pit or
boring in every 100 linear feet of trench;
(d) The elevation of the location of the seasonal
high water table (SHWT) and bedrock, if within 5 feet below the base of the
practice;
(e) Profile descriptions written in accordance with
the descriptive procedures, terminology and interpretations found in the Field
Book for Describing and Sampling Soils, Version 3.0, NRCS, 2012, available as
noted in Appendix B;
(f) A plan showing the soil series for the soils
at the location of the proposed practice and within 100 feet of the area’s
perimeter, in accordance with the Society of Soil Scientists of Northern New
England (SSSNNE) Special Publication No. 3, Site-Specific Soil Mapping
Standards for New Hampshire and Vermont, February 2011, available as noted in
Appendix B;
(g) The number and location of test locations, as
specified in Env-1504.14(f), and the number of repetitions at each testing
location;
(h) The date(s) on which data was collected;
(i) A summary of the design infiltration rate
results as determined from Env-Wq 1504.14;
(j) Data sheets for measurements obtained in
accordance with the method described in Env-Wq 1504.14(e) that is implemented;
and
(k) If the design infiltration rate is for
proposed fill soils, the data obtained using the method described in Env-Wq
1504.14(g).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.12) ss by
#12342, eff 8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1400)
Env-Wq
1504.14 Calculation of the Design
Infiltration Rate.
(a) The method for determining the design
infiltration rate of the soils in which the practice will be placed shall be as
follows:
(1) Subject to
(b), below, for existing natural soils, the applicant shall use the selected
default values as presented in (c), below, or the results from the field
measurement method described in (d), below;
(2) For
existing manmade soils, the applicant shall use the results from the field
measurement method described in (d), below; or
(3) For
proposed fill, the applicant shall use the results from the laboratory testing
method described in (g), below, as confirmed after the fill is placed but
before the practice is installed by results from field measurement method
described in (d), below.
(b) If an infiltration practice used to meet the
stormwater treatment requirements in accordance with Env-Wq 1507.03 infiltrates
into soil classified as Abenaki, Adams, Agawam, Boscawen, Caesar, Champlain,
Colton, Croghan, Deerfield, Haven, Hermon, Hinckley, Hoosic, Metallak, Quonset,
or Warwick, or any combination thereof, the applicant shall use the results
from the field measurement method described in (d), below.
(c) The default values for the design
infiltration rate shall be as follows:
(1) Using SSSNNE Special Publication
No. 5, Ksat Values for New Hampshire Soils, September 2009, available as noted in Appendix B, record the
saturated hydraulic conductivity (Ksat) for the lowest Ksat value in the range
for the most limiting layer located 0 to 5 feet below the proposed bottom of
the practice;
(2) Where more
than one soil series is present, compute a weighted Ksat based on the area of
each soil series present; and
(3) Multiply
the recorded Ksat value by 0.5 and use the result as the default design
infiltration rate.
(d) The field measurement method for determining
the design infiltration rate shall be as follows:
(1) Using one of
the methods as described in (e), below, perform the test the specified number
of times in a location and, if the specified number is greater than one,
average the results, then move to the next test location and repeat; and
(2) After
obtaining an average infiltration rate for each of the requisite number of
locations as specified in (f), below, average the results and multiply the
result by 0.5 to obtain the design rate.
(e) The Ksat shall be measured by a CPESC,
certified soil scientist, professional geologist, qualified engineer, or other
qualified professional licensed to practice in the state of New Hampshire, using
one of the following:
(1) A Guelph
Permeameter, per the manufacturer’s instructions, which shall be done at least
2 additional times, for a minimum of 3 observations in each location;
(2) A Compact
Constant Head Permeameter, per the manufacturer’s instructions, which shall be done
at least 2 additional times, for a minimum of 3 observations in each location;
(3) A Double
Ring Infiltrometer, in accordance with ASTM 3385 standards and using an inner
ring that is at least 12 inches in diameter, which shall be done at least one time,
for a minimum of one observation in each location; or
(4) A Borehole
Infiltration test, in accordance with the following protocol:
a. Install a
solid 4- to 6-inch diameter by 30-inch long casing to a depth of 24 inches
below the proposed bottom of the practice;
b. Remove any
smeared soil surfaces and provide a natural soil interface into which water can
percolate;
c. Remove all
loose material from inside the casing;
d. Fill the casing
with water to a depth of 24 inches and allow to pre-soak for 24 hours;
e. After
pre-soaking in accordance with d., refill the casing with 24 inches of water
and record the drop in water level from the top of the casing at the end of one
hour;
f. Divide the
drop in water elevation by one hour to obtain the infiltration rate for the
given observation;
g. Repeat e.
and f., above, at least 3 additional times, for a minimum of 4 observations in
each location; and
h. Use the
lower of the average of the calculated infiltration rates or the last
observation.
(f) The number and location of test locations
shall be as follows:
(1) Locate the
field tests within the footprint of the proposed practice, sufficiently spaced
apart to be representative of the overall conditions;
(2) Conduct the
test at the base elevation of the proposed practice;
(3) For
infiltration basins, perform:
a. One field
test in every 2,500 square feet of infiltration basin area if no manmade soils
are present; or
b. One field
test in every 1,000 square feet of infiltration basin area for infiltration
basins to be located on existing manmade soils; and
(4) For
infiltration trenches, perform:
a. One field
test in every 100 linear feet of the infiltration trench area if no manmade
soils are present; or
b. One field
test in every 50 linear feet of the infiltration trench area for infiltration
trenches to be located on existing manmade soils.
(g) The laboratory method for determining the
design infiltration rate for proposed fill soils shall be as follows:
(1) Determine
the Ksat of the proposed fill in accordance with test methods described in ASTM
D-5856, “Standard Test Method for Measurement of Hydraulic Conductivity of
Porous Material Using a Rigid-Wall, Compaction-Mold Permeameter”, June 2015,
available as noted in Appendix B; and
(2) Apply a
minimum factor of safety by multiplying the representative Ksat by 0.5 and use
the result as the design infiltration rate.
(h) The limitations on discharging stormwater
into the ground shall be as follows:
(1)
Infiltration practices are prohibited in the areas listed in Env-Wq
1508.06(a);
(2) Filtering practices are
prohibited in the areas listed in Env-Wq 1508.07(a) and (b); and
(3)
Groundwater recharge is prohibited in the areas listed in Env-Wq
1507.04(e).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.32) ss by
#12342, eff 8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1400)
Env-Wq
1504.15 Calculation of Percent
Effective Impervious Cover (% EIC) and Percent Undisturbed Cover (% UDC).
(a) The applicant shall calculate the percent
effective impervious cover (%EIC) by dividing the area of effective impervious
cover within the property on which the project will occur by the drainage area
within the property, using equal units of measure and multiplying the result by
100.
(b) The applicant shall calculate the percent
undisturbed cover (%UDC) by dividing the area of undisturbed cover within the
property on which the project will occur by the drainage area within the
property, using equal units of measure and multiplying the result by 100.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for
Env-Wq 1500) renumbered by #9817-A (formerly Env-Wq 1504.14) ss by #12342, eff
8-15-17 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1504.16 Erosion Control Notes.
(a) The plans shall include the following erosion
control notes:
“-Perimeter controls must be installed prior to
earth moving operations.
-Stormwater treatment ponds and drainage swales
must be installed before rough grading the site.
-Runoff must be directed to temporary practices
until stormwater BMPs are stabilized.
-Basins, ditches and swales must be stabilized
prior to directing runoff to them.
-Roadways and parking areas must be stabilized
within 72 hours of achieving finished grade.
-Cut and fill slopes must be stabilized within 72
hours of achieving finished grade.
-All areas of unstabilized soil must be stabilized
as soon as practicable but no later than 45 days after initial
disturbance.
-Erosion control practices must be inspected at
least weekly and after every rain event of 0.5 inch or more.
-In areas that will not be paved, “stable” means
that:
a. A minimum
of 85% vegetative cover has been established;
b. A minimum
of 3 inches of non-erosive material such as stone or riprap has been installed;
or
c. Erosion control
blankets have been installed in accordance with Env-Wq 1506.03.
-In areas to be paved, “stable” means that base
course gravels meeting the requirements of NHDOT Standard for Road and Bridge
Construction, 2016, Item 304.2 have been installed.”
(b) Unless a larger area is allowed under Env-Wq
1505.03(c), the plan shall include the following:
“- No more than 5 acres shall be disturbed (not
stabilized) at any time.”
(c) The plans also shall include:
(1)
Specifications for temporary and permanent seeding; and
(2) If
applicable, winter construction notes that reflect the requirements of Env-Wq
1505.06.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1504.17 Blasting Plan Notes. Any plans for a project that will entail
blasting shall include the blasting best management practices specified in
Env-Wq 1510.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
PART Env-Wq 1505
REQUIREMENTS TO PROTECT WATER QUALITY DURING TERRAIN ALTERATION
ACTIVITIES
Env-Wq
1505.01 Water Quality Degradation Prohibited
During Terrain Alteration Activities.
No person undertaking any terrain-alteration activity shall cause or
contribute to, or allow the activity to cause or contribute to, any violations
of the SWQ standards, whether or not a permit is required or obtained for the
activity.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342,eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq 1505.02 Required Construction Practices. The following construction practices shall
apply:
(a) Perimeter
controls shall be installed prior to earth moving operations;
(b) Stormwater
treatment ponds and drainage swales shall be installed before rough grading the
site;
(c) Runoff shall be
directed to temporary practices until stormwater BMPs are stabilized;
(d) Basins, ditches and swales shall be
stabilized prior to directing runoff to them; and
(e) Erosion control practices shall be inspected
at least weekly and after every rain event of 0.5 inch or more, provided that
the inspections shall be conducted by the environmental monitor if one is
required pursuant to Env-Wq 1505.03(b).
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342,eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq 1505.03 Maximum
Open Area Allowed.
(a) All areas of unstabilized soil shall be:
(1) Temporarily stabilized as
soon as practicable but in all cases within 45 days of initial disturbance,
unless a shorter time is specified by local authorities, the construction
sequence approved as part of the issued permit, or an independent monitor; and
(2) Permanently stabilized as
soon as practicable but in all cases within 3 days of final grading.
(b) Subject to (c) and (f), below, the area of
unstabilized soil shall not exceed 5 acres at any time.
(c) The department shall authorize an applicant
to disturb more than 5 acres at one time if the applicant:
(1) Submits documentation that the
required areas of earth cuts and fills are such that an area of disturbance of
5 acres or less would unreasonably limit the construction schedule;
(2) Submits a construction
sequence plan, developed by a qualified engineer or a CPESC specialist; and
(3)
Employs an environmental monitor during construction.
(d) Subject to (e), below, the environmental
monitor shall:
(1)
Inspect the project site at least once each week from the start of
terrain alteration activities until all terrain alteration activities are
completed and the site is stabilized;
(2)
In addition to regular weekly inspections, inspect the project site during
any rain event in which 0.5 inch of precipitation or more falls within a 24
hour period, provided that if the environmental monitor is unable to be present
during such a storm, the monitor shall inspect the site within 24 hours of the
rain event;
(3) Submit a written report, stamped by a qualified engineer
or a CPESC specialist, to the department within 24 hours of each
inspection that:
a.
Describes the progress of the project, including whether all conditions
of the permit are being met and, if not, which requirements are not being met;
b.
If any requirements are not being met, an explanation of the corrective
action(s) that will be or are being taken to bring the project into compliance
with applicable requirements and the deadline by which such actions will be
completed; and
c.
Includes photographs of the site that are representative of the project;
and
(4)
Retain a copy of the report prepared pursuant to (3), above, on-site for
review during site inspections by federal, state, and local officials.
(e) Routine inspection frequency may be reduced
from once each week to at least once each month if either of the following
conditions is met:
(1)
Work has been suspended and the entire site is stabilized in accordance
with Env-Wq 1505.04; or
(2)
Runoff is unlikely because:
a.
The ground is frozen or the site is covered with snow or ice; and
b.
The project is in an area where frozen conditions are anticipated to
continue for more than one month.
(f) If the site is within 50 feet of surface
water, has a grade of 25% or greater, or contains soils having an erodibility
factor of 0.4 or greater, or any combination of these, the owner shall, regardless
of the size of the open area:
(1) Submit a construction sequence plan, developed by a
qualified engineer or a CPESC specialist;
(2)
Employ an environmental monitor; and
(3)
Comply with (d) and (e), above.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1505.02)
(See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1505.04 Stabilization. A site shall be deemed to be stabilized when
it is in a condition in which the soils on the site will not erode under the
conditions of a 10-year storm, such as but not limited to:
(a)
In areas that will not be paved, a minimum of 85% vegetative cover has been
established, a minimum of 3 inches of non-erosive material such as stone or
riprap has been installed, or erosion control blankets have been installed in
accordance with Env-Wq 1506.03; or
(b)
In areas to be paved, base course gravels meeting the gradation
requirements of NHDOT Standard Specification for Road and Bridge Construction,
2016, Table 304-1, Item No. 304.1, 304.2, or 304.3, available at http://www.nh.gov/dot/org/projectdevelopment/highwaydesign/specifications/documents/2016NHDOTSpecBookWeb.pdf have been
installed.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1505.03) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1505.05 Stormwater Management and
Erosion and Sediment Control. The
methods described in Env-Wq 1506, used individually or in combination to meet
the requirement of Env-Wq 1505.01, shall be acceptable methods for minimizing
pollutant discharges from any terrain-alteration project, including projects
that are subject to Env-Wq 1503.03 relative to general permits by rule, from
the time that work starts on a project until the site is permanently
stabilized, provided that the methods:
(a) Shall be considered as minimum standards,
with the more protective requirements applying for projects subject to Env-Wq
1503.05; and
(b) Are implemented in accordance with the
individual criteria specified for each method.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1505.04) (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq
1505.06 Cold Weather Site
Stabilization.
(a) To adequately protect water quality during
cold weather and during spring runoff, the additional stabilization techniques
specified in this section shall be employed during the period from October 15
through May 1.
(b) Subject to (c), below, the area of exposed,
unstabilized soil shall be:
(1) Limited
to one acre; and
(2)
Protected against erosion by the methods described in this section prior
to any thaw or spring melt event.
(c) The allowable area of exposed soil may be
increased if a winter construction plan is developed by a qualified engineer or
a CPESC specialist and submitted to the department for approval as a request to
waive the one-acre limit.
(d) Subject to (f) and (g), below, all proposed
vegetated areas having a slope of less than 15% that do not exhibit a minimum
of 85% vegetative growth by October 15, or that are disturbed after October 15,
shall be seeded and covered with 3 to 4 tons of hay or straw mulch per acre
secured with anchored netting or tackifier or with at least 2 inches of erosion
control mix meeting the criteria of Env-Wq 1506.05(b).
(e) Subject to (f) and (g), below, all proposed
vegetated areas having a slope of 15% or greater that do not exhibit a minimum
of 85% vegetative growth by October 15, or that are disturbed after October 15,
shall be seeded and covered with a properly installed and anchored erosion
control blanket or with at least 4 inches of erosion control mix meeting the
criteria of Env-Wq 1506.05(b).
(f) Anchored hay mulch or erosion control mix
that meets the criteria of Env-Wq 1506.05(b) shall not be installed over snow
greater than one inch in depth.
(g) Erosion control blankets shall not be installed
over snow greater than one inch in depth or on frozen ground.
(h) All proposed stabilization in accordance with
(d) or (e), above, shall be completed within a day of establishing the grade
that is final or that otherwise will exist for more than 5 days.
(i) All ditches or swales that do not exhibit a
minimum of 85% vegetative growth by October 15, or that are disturbed after
October 15, shall be stabilized temporarily with stone or erosion control
blankets appropriate for the design flow conditions, as determined by the
owner’s engineering consultant.
(j) After October 15, incomplete road or parking
areas where active construction of the road or parking area has stopped for the
winter season shall be protected with a minimum 3-inch layer of base course
gravels meeting the gradation requirements of NHDOT Standard Specification for
Road and Bridge Construction, 2016, Table 304-1, Item No. 304.1, 304.2, or
304.3, available as noted in Appendix B.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1505.05) (See Revision Note #3 at chapter heading for Env-Wq 1500)
PART Env-Wq 1506
METHODS FOR EROSION AND SEDIMENT CONTROL DURING TERRAIN ALTERATION
ACTIVITIES
Env-Wq
1506.01 Erosion Control Methods:
Temporary and Permanent Mulching.
Mulching shall comply with the following:
(a) Hay and straw mulches shall be anchored with
mulch netting or tackifier so that they are not blown away by wind or washed
away by flowing water;
(b) Mulch materials shall be selected based upon
soils, slope, flow conditions, and time of year;
(c) Hay or straw mulch shall be applied at a rate
of 1.5 to 2 tons per acre, equivalent to 70 to 90 pounds per 1,000 square feet;
(d) Wood chips or ground bark shall be applied at
2 to 6 inches deep at a rate of 10 to 20 tons per acre, equivalent to 460 to 920 pounds per 1,000
square feet;
(e) Jute and fibrous mats and wood excelsior
shall be installed according to the applicable manufacturer’s instructions; and
(f) Erosion control mix shall:
(1) Meet the
criteria of Env-Wq 1506.05(b); and
(2) Be placed
at a thickness of 2 inches or more.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1506.02 Erosion Control Methods:
Vegetation. Vegetating disturbed
areas shall be completed only as specified below:
(a) Stones and trash shall be removed from the area
to be seeded so as not to interfere with the seeding;
(b) On slopes 4:1 or steeper, final preparation
of the area to be seeded shall include creating grooves in the soil perpendicular
to the direction of the slope to catch seed and reduce runoff;
(c) If needed to ensure growth, fertilizer or
other organic soil amendments shall be applied during the growing season;
(d) Fertilizer applied to any area within 100
feet of any river, stream, pond, or lake shall be low phosphate, slow release
nitrogen fertilizer only;
(e) Fertilizer applied to any area that is
subject to RSA 483-B, the Comprehensive Water Quality Protection Act (Act),
shall meet or be more protective of water quality than the minimum standards of
the Act;
(f)
Runoff shall be diverted from the seeded area;
(g) Subject to (h) below, seeding shall occur
prior to September 15th of the year in which the area being seeded
was disturbed;
(h) Areas seeded between May 15th to August 15th
shall be covered with hay or straw mulch meeting the criteria of Env-Wq
1506.01(a) through (c); and
(i) If vegetated growth covering at least 85% of the
disturbed area is not achieved prior to October 15th, one or more
additional erosion control methods shall be implemented.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq
1506.03 Erosion Control Methods:
Temporary Erosion Control Blankets.
Erosion control blankets shall comply with the following:
(a) Stones and trash shall be removed from the
area to be seeded so as not to interfere with seeding; and
(b) Blankets shall be:
(1)
Placed within 24 hours after sowing seed in the area being covered;
(2)
Laid loosely over the soils, maintaining contact with the soil, and not
stretched; and
(3) Installed per the manufacturer’s
specifications and the following, even if not in the manufacturer’s
instructions:
a. Blankets
shall be anchored at the top of the slope in a trench; and
b.
Blankets shall be unrolled in the direction of the water flow,
overlapping the edges and stapling.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (See Revision Note #3
at chapter heading for Env-Wq 1500)
Env-Wq 1506.04 Sediment Control Methods: Silt Fences. The use of silt fences shall comply with the
following: