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 ¼ 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: