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
1500)
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
1500)
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
1500)
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
1500)
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
1500)
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
1500)
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
1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 1500)
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 one
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 one inch equals 2,000 feet, dated no earlier
than 2013, with the property boundaries clearly delineated;
(b)
A DataCheck request results letter, dated
no later than one year from the date the application form is submitted, from
the New Hampshire department of natural and cultural resources, natural
heritage bureau (NHB) providing information on recorded occurrences of
threatened and endangered wildlife species;
(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/;
(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; and
(n) For projects requiring consultation with the
New Hampshire fish and game department (NHF&G) in accordance with Env-Wq 1503.33(a), a copy of all relevant correspondence with
NHF&G from the date of the NHB DataCheck request,
to the date that the AoT permit application is filed.
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); ss by #13317, eff 12-22-21
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) For any project that
requires consultation with NHF&G pursuant to Env-Wq 1503.33, the applicant has incorporated into the project
design all final conservation measures recommended by NHF&G
to assure the project does not appreciably jeopardize the continued existence
of threatened and endangered species as defined in Fis
1002.04;
(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; ss by
#13045, eff 6-2-20; ss by #13317, eff 12-22-21
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 one cubic foot per second 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);
(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; and
(4) For projects requiring consultation with
NHF&G in accordance with Env-Wq 1503.33(a), a
copy of all relevant correspondence with NHF&G from the date of the NHB DataCheck request letter to the date that the AoT permit application is filed.
(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); ss by #13317, eff 12-22-21
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); ss by #12342, eff
8-15-17 (See Revision Note at chapter heading for Env-Wq
1500)
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-Wq
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)
Env-Wq 1503.33 New Hampshire
Fish and Game Department Consultation.
(a)
Whenever a NHB DataCheck letter indicates
documented occurrences of any state- or federally-listed
threatened or endangered wildlife species, the
applicant shall request consultation with NHF&G to
assure that the project does not appreciably jeopardize the continued existence
of threatened and endangered species as defined Fis
1002.04; and
(b) If the department receives evidence of an
occurrence of any state- or federally-listed
threatened or endangered wildlife species in an area that could be affected by
project activities, the department shall refer the project to NHF&G
for a determination as to whether consultation is required.
(c) If NHF&G determines consultation is
required pursuant to (b) above, the applicant shall request consultation with NHF&G to
assure that the project does not appreciably jeopardize the continued existence
of threatened and endangered species as defined in Fis
1002.04
Source. #13317, eff 12-22-21
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 for 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 for 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 for 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 for 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 for 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. The sheet flow
path identified in b. above, 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”, as defined by the National Engineering Handbook
referenced in (b) above;
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, Version 7.0, Site-Specific Soil Mapping
Standards for New Hampshire and Vermont, July 2021, 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, Version
7.0, Site-Specific Soil Mapping Standards for New Hampshire and Vermont, July
2021, available as noted in Appendix B; and
d. The
hydrologic soil group shall be assigned in accordance with SSSNNE Special
Publication No. 5, Ksat Values for New
Hampshire Soils, September 2009, as available 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) 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) The map
symbol identifying the soil mapped; and
(4) 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-Wq 1500); ss by #13317,
eff 12-22-21
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-Wq 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-Wq 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 1500)
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, Version 7.0, Site-Specific Soil
Mapping Standards for New Hampshire and Vermont, July 2021, 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
1500); ss by #13317, eff 12-22-21
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 1500)
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
Env-Wq 1504.18 Wildlife
Protection Notes.
(a) In addition to the requirements of Env-Wq 1504.06, the plans shall also contain the following
wildlife protection notes:
(1) All
observations of threatened or endangered species on the project site shall be
reported immediately to the NHF&G
nongame and endangered wildlife environmental review program by phone at
603-271-2461 and by email at NHFGreview@wildlife.nh.gov, with the email subject
line containing the NHB DataCheck tool results letter assigned number, the project name, and the term Wildlife
Species Observation;
(2) Photographs of the observed
species and nearby elements of habitat or areas of land disturbance shall be
provided to NHF&G in digital format at the above email address for
verification, as feasible;
(3) In the
event a threatened or endangered species is observed on the project site during
the term of the permit, the species shall not be disturbed, handled, or harmed
in any way prior to consultation with NHF&G and implementation of
corrective actions recommended by NHF&G, if any, to assure the project does
not appreciably jeopardize the continued existence of threatened and endangered
species as defined in Fis 1002.04; and
(4) The NHF&G, including
its employees and authorized agents, shall have access to the property during
the term of the permit.
(b) For projects requiring
consultation with NHF&G in accordance with Env-Wq 1503.33, the plans shall contain a list of all final conservation
measures recommended by NHF&G, which shall be complied with as a
condition of the AoT permit.
Source. #13317, eff 12-22-21
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:
(a) Fences shall be used in areas where erosion
will occur only in the form of sheet erosion and there is no concentration of
water in a channel or other drainage way above the fence;
(b) The maximum contributing drainage area above
the fence shall be less than ¼-acre per 100 linear feet of fence;
(c) The maximum length of the slope above the fence
shall be 100 feet;
(d) The maximum slope of the area above the fence
shall be 2:1;
(e) Fences shall be installed as follows:
(1) Fences
shall follow the contour of the land as closely as possible;
(2) The ends of the fence shall be flared up-slope;
(3) The base of the fence shall be:
a. Folded such that not less than 4 inches of
the fence is placed along the bottom of a trench that is excavated at least 4
inches deep into the ground, with the soil compacted over the embedded fabric;
or
b. If site conditions include frozen ground,
ledge, or the presence of heavy roots, embedded in a minimum thickness of 8
inches of ¾-inch stone;
(4) Support posts shall be sized and anchored
according to the manufacturer’s instructions; and
(5) Adjoining sections of the fence shall be
overlapped by 6 inches, folded and stapled to a support post;
(f) Fences shall be inspected and maintained
immediately after each rainfall and at least daily during prolonged rainfall;
and
(g) Sediment that accumulates at the fence shall
be removed with sufficient frequency to prevent the depth of the sediment from
reaching one-third the height of the fence.
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 1506.05 Sediment
Control Methods: Erosion Control Mix (ECM); ECM Berms.
(a) Erosion control mix berms shall be:
(1) Used
only in areas where erosion will occur in the form of sheet erosion only and
there is no concentration of water in a channel or other drainage way above the
berm;
(2) Installed
following the contour of the land as closely as possible;
(3) Used
only if the area upslope of the berm has a slope of less than 5%; and
(4) At least
12 inches high and at least 2 feet wide.
(b) Erosion control mix shall:
(1) Have an
organic portion between 25% and 65%, dry weight basis that is:
a. Fibrous
and elongated such as from shredded bark, stump grindings, composted bark, or
equivalent manufactured products; and
b. Not
comprised of wood chips, bark chips, ground construction debris, or reprocessed
wood products;
(2) Not
contain silts, clays, or fine sands;
(3) Have a
particle size by weight of 100% passing a 3-inch screen, 90% to 100% passing a
1-inch screen, 70% to 100% passing a 0.75-inch screen, and 30% to 75% passing a
0.25-inch screen; and
(4) Have a
pH between 5.0 and 8.0.
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 1506.06 Sediment
Control Methods: Straw or Hay Bale Barriers. Straw or hay bale barriers shall be used only
as follows:
(a) The barriers shall be used in areas where
erosion will occur only in the form of sheet erosion and there is no
concentration of water in a channel or other drainage way above the barrier;
(b) The maximum contributing drainage area above
the barrier shall be less than 0.25 acre per 100 linear feet of barrier;
(c) The maximum length of the slope above the
barrier shall be 100 feet;
(d) The maximum slope of the area above the
barrier shall be 2:1;
(e) The barriers shall be installed as follows:
(1) The
barriers shall follow the contour of the land as closely as possible;
(2) The ends of the barrier shall be flared up slope;
(3) The bale ends shall be tightly adjoined;
(4) Each bale shall be embedded at least 4 inches
into the ground; and
(5) A minimum of 2 anchoring stakes per bale
shall be used, with all stakes penetrating at least 18 inches into the ground;
(f) The barriers shall be inspected and maintained
immediately after each rain event and at least daily during prolonged rain
events; and
(g) Sediment that accumulates at the barriers
shall be removed with sufficient frequency to prevent the depth of the sediment
from reaching one-third the height of the barrier.
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 1506.07 Sediment
Control Methods: Temporary Check Dams.
Temporary check dams shall comply with the following:
(a) The maximum contributing drainage area to the
dam shall be less than one acre;
(b) The maximum height of the dam shall be 2 feet;
(c) The center of the dam shall be at least 6 inches
lower than the outer edges;
(d) The maximum spacing between the dams shall be
such that the toe of the upstream dam is at the same elevation as the overflow
elevation of the downstream dam;
(e) The dam shall not be used in a flowing stream;
(f) The dams shall be checked after each rainfall
and at least daily during prolonged rainfall and necessary repairs shall be made
immediately;
(g) Hay bale check dams shall be embedded into
the ground at least 4 inches but no more than 6 inches;
(h) Stone check dams shall be constructed of a
well-graded angular 2-inch to 3-inch stone; and
(i) Timber check dams
shall be constructed of 4-inch to 6-inch logs and embedded at least 18 inches
deep into the 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 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq 1506.08 Sediment
Control Methods: Temporary Catch Basin Inlet Protection. Temporary catch basin inlet protection measures
shall comply with the following:
(a) The maximum contributing drainage area to the
trap shall be less than one acre;
(b) If hay bales are used, the following
requirements also shall be met:
(1) The bale
ends shall be tightly adjoined;
(2) Each bale shall be embedded at least 4 inches
into the ground; and
(3) A minimum of 2 anchoring stakes per bale
shall be used, penetrating at least 18 inches into the ground.
(c)
If a gravel and wire mesh filter is used, the following requirements shall
be met:
(1) The wire mesh shall be placed over the drop
inlet so that the entire opening and a minimum of 12 inches around the opening
are covered by the mesh;
(2) The wire mesh shall be hardware cloth or wire
with openings up to one half inch;
(3) The gravel filter shall be clean coarse aggregate;
(4) The gravel shall be at least 18 inches on all
sides of the drain opening; and
(5) The gravel shall be at least 12 inches in
depth.
(d)
If a concrete block and gravel drop inlet sediment filter is used, the
following requirements shall be met:
(1) The blocks shall be placed lengthwise in a
single row around the perimeter of the inlet;
(2) The block ends shall abut one
another;
(3) A hardware cloth or wire mesh shall be placed
over the openings of the concrete blocks and extend at least 12 inches around
the opening to prevent aggregate from being transported through the openings in
the blocks;
(4) The gravel filter shall be clean coarse aggregate;
(5) The gravel shall be placed against and along
the outside edges of the blocks; and
(6) The gravel filter shall be a minimum of 12
inches high and no more than 24 inches high.
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 1506.09 Sediment
Control Methods: Temporary Construction Exits. Temporary construction exits, also called
anti-tracking pads, shall be used only as follows:
(a) The minimum stone used shall be 3-inch crushed
stone;
(b) The minimum length of the pad shall be 75
feet, except that the minimum length may be reduced to 50 feet if a 3-inch to 6-inch high berm is installed at the entrance of the project
site;
(c) The pad shall extend the full width of the construction
access road or 10 feet, whichever is greater;
(d) The pad shall slope away from the existing roadway;
(e) The pad shall be at least 6 inches thick;
(f) A geotextile filter fabric shall be placed
between the stone pad and the earth surface below the pad; and
(g) The pad shall be maintained or replaced when
mud and soil particles clog the voids in the stone such that mud and soil
particles are tracked off-site.
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 1506.10 Sediment
Control Methods: Temporary Sediment Trap.
Temporary sediment traps shall comply with the following:
(a) The trap shall be installed as close to the
disturbed area or source of sediment as possible;
(b) The maximum contributing drainage area to the
trap shall be less than 5 acres;
(c) The minimum volume of the trap shall be 3,600
cubic feet of storage for each acre of drainage area;
(d) The side slopes of the trap shall be 3:1 or
flatter, and shall be stabilized immediately after their construction;
(e) The outlet of the trap shall be a minimum of
one foot below the crest of the trap and shall discharge to a stabilized area;
(f) The trap shall be cleaned when 50 percent of
the original volume is filled; and
(g) The materials removed from the trap shall be
properly disposed of and stabilized.
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 1506.11 Sediment
Control Methods: Construction Dewatering.
Dewatering shall comply with the following:
(a) The discharge shall be stopped immediately if
the receiving area shows any sign of instability or erosion;
(b) All channels, swales, and ditches dug for
discharging water from the excavated area shall be stable prior to directing
discharge to them;
(c) If a construction equipment bucket is used,
it shall empty the material to a stable area;
(d) No dewatering shall occur during periods of
intense, heavy rain;
(e) Flow to the sediment removal structure shall
not exceed the structure’s capacity to settle and filter flow or its volume
capacity; and
(f) Wherever possible, the discharge from the
sediment removal structure shall drain to a well-vegetated buffer by sheet flow
while maximizing the distance to the nearest water resource and minimizing the
slope of the buffer 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 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq 1506.12 Sediment Control Methods: Temporary
Stormwater Diversion. Temporary stormwater diversion shall comply with the
following:
(a) When necessary to minimize release of
sediment-laden runoff prior to stabilization of the site and the permanent
stormwater management system components, sediment-laden water shall be diverted
and stored in temporary diversion practices such as sediment basins or trenches;
(b) Subject to (c), below, temporary diversion
practices shall be stabilized prior to receiving runoff;
(c) Temporary diversion channels with a gradient
of 2 percent or greater shall be stabilized, however channels with a slope of
less than 2% shall be stabilized only if erosion is observed;
(d) The area draining to each temporary diversion
practice shall be less than 5 acres;
(e) Temporary diversion channels shall convey,
and temporary basins and trenches shall contain, the 2-year, 24
hour design storm without overtopping the banks;
(f) The bed slope of diversion channels shall
have a positive grade to assure drainage;
(g) Where diversions carry concentrated flows,
energy dissipation methods shall be implemented to disperse flow into areas
downstream of the disturbed area;
(h) If erosion of temporary diversion practices
occurs during construction, corrective action shall be taken to stabilize the
basin, channel, and berm; and
(i) Diversion basins
and trenches shall be cleared of sediment whenever sediment accumulates.
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 1506.13 Sediment
Control Methods: Flocculants.
(a) Flocculants shall only be used as specified
in this section.
(b) Flocculants shall not be applied directly to
or within 100 feet of any surface water unless specifically approved by the
department in writing in accordance with this section.
(c) The department shall not approve the use of
flocculants unless the person requesting approval demonstrates that due to the
presence of on-site clay colloidal particles, other erosion control measures,
alone or in combination, will not be sufficient to prevent turbidity violations
and sedimentation in downstream receiving waters.
(d) Sites shall be stabilized as soon as possible
using conventional measures to minimize the need to use flocculants.
(e) A request for approval to use flocculants
shall be submitted as soon as the need for such use is anticipated, whether
with an application, while an application is pending, or after a permit has
been issued.
(f) The applicant or permit holder, as
applicable, shall submit the following for each type of flocculent proposed:
(1) Manufacturer’s
name;
(2) Product name;
(3) Material safety data sheets (MSDS) for the product;
(4) The results of chronic and acute toxicity
testing of the product conducted in accordance with Env-Wq 1706.01 for wastewater;
(5) Proof from the manufacturer that the
flocculants are anionic and certified for compliance with ANSI/NSF Standard 60
drinking water treatment standards;
(6) Certification by the applicant or permit
holder, as applicable, that:
a.
All proposed flocculants are the same as those used in the toxicity
tests and will not be altered in any way for the project; and
b.
No additional chemicals are needed or will be used to enhance performance
of the flocculent;
(7) An explanation as to why conventional erosion
control measures, alone or in combination, will not be sufficient to prevent
turbidity violations and sedimentation in downstream receiving waters;
(8) A flocculant application plan as specified in
(g), below, prepared in consultation with the flocculant manufacturer or
authorized manufacturer’s representative; and
(9) A water
quality sampling plan
as specified in (i), below, for all discharges treated with flocculants and all
surface waters receiving such discharges.
(g) The flocculant application plan required by
(f)(8), above, shall include the following:
(1) A plan of the project showing where the
flocculant will be applied and the name,
location, and distance to all surface waters immediately downstream that
might receive discharge from areas treated with flocculants;
(2) The expected start and end dates for using
flocculants, including a schedule and list of measures which will be taken to
stabilize the site as soon as possible using conventional stabilization practices;
(3) Test results for representative soils from the
site, and recommendations from the manufacturer based on the soil tests,
indicating the type of flocculant and the recommended application rate;
(4) Frequency,
method, and rates of application designed to ensure that flocculant
concentrations will not exceed 50% of the IC25 or NOEC value, whichever is
less, for the flocculant product used;
(5) Frequency
of inspection and maintenance of the flocculant application system; and
(6) Method for
the collection, removal, and disposal or stabilization of flocculated particles
to prevent resuspension.
(h) Flocculant application systems shall be
operated, inspected, and maintained only by qualified personnel with experience
in the use of the type of system(s) being used.
(i) The water quality
sampling plan required by (f)(9), above, shall include the following:
(1) At least 3
proposed water quality sample locations for each discharge and each receiving
water, at least one of which shall be to establish background concentrations in
the receiving water;
(2) The
latitude and longitude of each sampling location in degrees, minutes, and
seconds, with at least 3 decimal places of precision (DDMMSS.sss)
and referenced to the North American Datum of 1983 (NAD 83) or its successor;
(3) For each
piece of equipment used for water quality testing, the make, model, and
accuracy of the equipment, subject to the following:
a. Turbidimeters
shall have an accuracy of 0.05 or +/-2%, whichever is greater, for readings
below 100 NTUs and +/- 3% above 100
NTUs; and
b. pH meters
shall have an accuracy of +/- 0.2 pH units;
(4) Standard
procedures for calibration and quality assurance;
(5) A sampling
plan that meets the requirements of (j), below;
(6) A copy of
the field data sheet that will be used that accommodates the collection of all
data specified in (k), below;
(7) Contact
information for each individual who will
be conducting water quality sampling, including name, mailing address, and
daytime telephone number, and, if available, an e-mail address and fax number;
and
(8) The
qualifications of each individual who will be
conducting water quality sampling.
(j) The sampling plan required by (i)(5) shall require the following:
(1) All
water quality sampling shall be conducted by qualified personnel with experience
in water quality testing and analysis;
(2) For all
parameters, one duplicate sample shall be taken as a quality control measure
for every 10 samples taken;
(3) Unless
otherwise approved by the department based on site-specific conditions, sampling
for pH and turbidity shall be conducted:
a. In at least
one stormwater discharge location prior to the application of flocculants;
b. In all
treated discharges that discharge to a surface water at a point downstream of the area where flocculant has
been applied but upstream of the receiving surface water;
c. In each
receiving surface water at a point upstream of the area of the application of
flocculants and at a point approximately 100 feet downstream of the confluence
of the treated discharge and the receiving water;
d. For all wet
weather events that produce a discharge; and
e. Every hour
for the first 2 hours once a discharge commences, every 2 hours for the next 6
hours and every 8 hours thereafter until the discharge has ceased; and
(4) Information
shall be provided regarding how the concentration of flocculant will be
measured in each discharge that discharges to a surface water of the state to
ensure that toxicity concentrations are not exceeded. If a surrogate parameter such as turbidity is
proposed to meet this requirement, data shall be provided showing the
relationship between the surrogate parameter concentration and the
concentration of flocculant in the surface water.
(k) Sampling results shall include the date,
time, sample location, value of the results, applicable water quality criteria,
a summary of any violation(s) and actions taken to correct the violation(s).
(l) Whenever flocculants are used and a discharge
occurs, the permit holder shall submit a summary report to the department on a
weekly basis that includes the following:
(1) The type
and quantity of flocculant used;
(2) The date,
duration of discharge, and estimated discharge rate;
(3) The total volume
of water treated;
(4) The
concentration of flocculant in the discharge, with supporting calculations; and
(5) A
comparison of the amount of flocculant used to that which was originally proposed
in the approved flocculant application plan and an explanation for any
deviations from the 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 (formerly Env-Wq 1506.12) (See
Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq 1506.14 Other
Erosion and Sediment Control Methods.
Other erosion and sediment control methods shall be approved by the
department if the applicant can demonstrate that the proposed method will
control erosion to at least the same extent as the other methods listed in Env-Wq 1506.01 through Env-Wq
1506.13.
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 1506.13)
(See Revision Note #3 at chapter heading for Env-Wq
1500)
Env-Wq 1506.15 Manufactured Erosion and
Sediment Control Products.
(a) All
manufactured erosion and sediment control products, with the
exception of turf reinforcement mats, utilized for, but not limited to,
slope protection, runoff diversion, slope interruption, perimeter control,
inlet protection, check dams, and sediment traps shall not contain plastic, or
multi-filament or monofilament polypropylene netting or mesh with an opening
size of greater than 1/8 inches.
(b) Turf
reinforcement mats shall be covered with soil to prevent exposure of the mats
to the surface.
Source.
#13317, eff 12-22-21
PART Env-Wq 1507 REQUIREMENTS FOR PERMANENT METHODS FOR
PROTECTING WATER QUALITY
Env-Wq 1507.01 Water Quality Degradation
Prohibited After Terrain Alteration Completed. No person who has undertaken any terrain-alteration
activity shall allow the completed project to cause or contribute to any
violations of the SWQ standards, whether or not a
permit was 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 1507.02 Criteria
for Permanent Methods for Protecting Water Quality.
(a) Permanent methods for protecting water
quality, including all stormwater management practices, shall be designed to:
(1) Minimize
the discharge of pollutants in accordance with Env-Wq
1507.03;
(2) Recharge
groundwater in accordance with Env-Wq 1507.04;
(3) Protect
channels in accordance with Env-Wq 1507.05;
(4) Control
peak runoff rates in accordance with Env-Wq 1507.06;
and
(5) Implement
long term maintenance practices in accordance with Env-Wq
1507.07.
(b) No component of a stormwater management
system shall be:
(1) Constructed
below the elevation of the 10 year floodplain for any
project within the 100-year floodplain; or
(2) Located
in an area of RSA 482-A jurisdiction, unless a permit that specifically allows
the proposed impacts has been issued pursuant to RSA 482-A and Env-Wt 100 et seq.
(c) Subject to any practice-specific requirement
or exception, no infiltration practice, filtering practice, groundwater recharge
practice, treatment swale, pretreatment swale, or sediment forebay shall be located in any of the following areas:
(1) Areas where the stormwater comes from:
a. A high-load area, including but not limited
to groundwater protection areas where the stormwater comes from one or more
areas where petroleum products are dispensed or otherwise transferred for
commercial or industrial purposes; or
b. Areas that have contaminants in soil above
site-specific soil standards developed pursuant to Env-Or 600;
(2) Areas that have contaminants:
a. In groundwater above the ambient groundwater
quality standards established in Env-Or 603.03; or
b. In soil above site-specific soil standards
developed pursuant to Env-Or 600; and
(3) Areas
with slopes greater than 15%, unless calculations are
provided demonstrating that resulting seepage forces do not cause slope
instability.
(d) An overflow structure associated with a
stormwater management system shall be designed to convey, in a controlled
manner, any flows that exceed the system’s capacity.
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 1507.03 Pollutant
Discharge Minimization Requirements.
(a) The stormwater treatment practices described
in Env-Wq 1508.03 through Env-Wq
1508.10 shall be acceptable methods for minimizing pollutant discharges to
surface waters of the state, provided that the requirements of this section are
met along with all method-specific criteria.
(b) Stormwater treatment practices shall be
accessible for proposed maintenance activities.
(c) Infiltration rates for designing stormwater
treatment practices shall be determined in accordance Env-Wq
1504.14.
(d) Stormwater treatment practices shall meet the
water supply well setback criteria identified in Env-Wq
1508.02.
(e) Stormwater treatment practices shall be
designed for the water quality volume (WQV) or water quality flow (WQF), as applicable,
calculated in accordance with Env-Wq 1504.10 and Env-Wq 1504.11, respectively.
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 1507.04 Groundwater
Recharge Requirements.
(a) The purpose of this section is to protect
groundwater resources by requiring the amount of water diverted off-site by the
proposed development to be reduced to the maximum extent practicable by using
groundwater recharge practices as described in Env-Wq
1508.16.
(b) Subject to (e), below, the applicant shall
capture and infiltrate the GRV calculated pursuant to Env-Wq
1504.12.
(c) Infiltration rates for designing groundwater
recharge practices shall be determined in accordance with Env-Wq 1504.14.
(d) The groundwater recharge practices shall meet
the water supply well setback criteria identified in Env-Wq
1508.02.
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 1507.05 Channel
Protection Requirements.
(a) The purpose of this section is to protect
channels, downstream receiving waters, and wetlands from erosion and associated
sedimentation resulting from urbanization within a watershed.
(b) The combined flow to a single water body from
a project site shall meet one of the following criteria:
(1) The
2-year, 24-hour post-development peak flow rate generated from the proposed
disturbance shall be equal to or less than the 2-year, 24-hour pre-development
peak flow rate and:
a. The 2 year, 24-hour post-development storm
volume, directed to the nearest water body has not increased over the
pre-development volume by more than 0.1 acre-feet;
b.
The 2-year, 24-hour post-development
peak flow rate directed to the nearest water body is less than 2 cfs; or
c. The area directly discharges into a fourth
order or greater river, a pond or lake greater than 10 acres, or tidal water;
(2) The
2-year, 24-hour post-development peak flow rate shall be less than or equal to
50 percent of the 2-year, 24-hour pre-development peak flow rate; or
(3) The 2-year,
24-hour post-development peak flow rate shall be less than or equal to the
1-year, 24-hour pre-development peak flow rate.
(c) When determining “equal to or less than”,
allowances shall be made for scientific uncertainty and mathematical rounding.
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 1507.06 Peak
Runoff Control Requirements.
(a) The purpose of this section is to address increases
in the frequency and magnitude of flooding caused by development.
(b) Subject to (d), below, the 10-year, 24-hour
post-development peak flow rate shall not exceed the 10-year, 24-hour
pre-development peak flow rate for all flows leaving the site.
(c) Subject to (d), below, the 50-year, 24-hour
post-development peak flow rate shall not exceed the 50-year, 24-hour pre-development
peak flow rate for all flows leaving the site.
(d) A project area that directly discharges to a
stream, waterbody, estuary, or tidal water shall be exempt from (b) and (c),
above, if the applicant has provided supporting off-site drainage calculations
for the 10-year and 50-year, 24-hour storm in accordance with Env-Wq 1504.09, showing that at a point immediately downstream
from the project site the post-development peak flow rate from the site and the
off-site contributing area does not exceed the pre-development peak flow rate
at that point.
(e) The applicant shall provide supporting
information in accordance with Env-Wq 1503.09,
showing that there is no impact to properties as a result of
developing within the 100-year floodplain.
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 1507.07 Long-Term
Maintenance.
(a) In order to ensure the long-term
effectiveness of approved stormwater practices, the applicant shall establish a
mechanism to provide for on-going inspections and maintenance (I&M) of the
practices for so long as the practices are reasonably expected to be used.
(b) Subject to (f), below, the mechanism shall
include an I&M manual for the practices which
includes, at a minimum:
(1) The name
of each responsible party who will implement the required reporting, inspection,
and maintenance activities identified in the I&M manual;
(2) The
frequency of inspections;
(3) An
inspection checklist to be used during each inspection;
(4) A
requirement to photograph each practice that is subject to the I&M
requirement at each inspection of that practice;
(5) An I&M log to document each I&M activity;
(6) A
deicing log to track the amount and type of deicing materials applied to the site;
(7) A plan
showing the locations of all the stormwater practices described in the I&M
manual; and
(8) Actions
to be taken if any invasive species begin to grow in the stormwater management
practices.
(c) All record keeping required by the I&M
manual shall be maintained by the responsible party(ies)
and be made available to the department upon request.
(d) Upon the completion of all terrain alteration
activities that direct stormwater to a particular practice, the responsible
party(ies) shall initiate the I&M activities.
(e) The
responsible party(ies) may contract with one or more
third parties to conduct the I&M activities, but
shall remain responsible for ensuring the long-term effectiveness of the
stormwater practices.
(f) If a federal or state agency or a political
subdivision of the state agrees to assume the responsibility for some or all
components of the stormwater management system, the following shall apply:
(1) The transferor
responsible party(ies) shall document the transfer of
responsibility in writing to the department;
(2) No I&M manual shall be required for those components for
which the agency or political subdivision assumes responsibility, unless
required by the agency or political subdivision as a condition of accepting
responsibility; and
(3) The
agency or political subdivision that agrees to assume responsibility shall
document that maintenance activities are being performed as necessary to ensure
the long-term effectiveness of those components of the stormwater management
system for which the agency or political subdivision assumed responsibility.
(g) If ownership of commercial or industrial
property is transferred, the new property owner(s) shall become the responsible
party(ies).
(h) If the property is a residential development
for which a homeowners’ association will be established, then:
(1) The
homeowners’ association shall become the responsible party as specified in the
documentation that establishes the association; and
(2) If the
homeowners’ association is dissolved or otherwise discontinued, the individual
homeowners shall have joint and several liability for all I&M obligations.
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 1507.08)
(See Revision Note #3 at chapter heading for Env-Wq
1500)
PART Env-Wq 1508 PERMANENT METHODS FOR PROTECTING WATER QUALITY
Env-Wq 1508.01 Definition. For purposes of this part, “water supply
intake protection area” means, for a surface water used as a source by a public
water system:
(a) The area within 250 feet of the normal high water mark of the surface water source within
one-quarter mile radius of the public water system’s intake, excluding areas
outside the watershed of the surface water; and
(b) The area within 250 feet of the normal high water mark of any tributary that is within one-quarter
mile radius of the public water system’s intake, excluding areas outside the
watershed of the surface 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 (See Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq 1508.02 Setback
Requirements from Water Supply Sources.
(a) Except as specified in (c), below, no
component of a stormwater management system shall discharge stormwater directly
to groundwater or to the ground surface in an area where the stormwater will
infiltrate the groundwater within a sanitary protective area for a water supply
well as specified in:
(1) For any large
production well and any well for a large community water system, the larger of
the sanitary protective radius established under Env-Dw
302.10, reprinted in Appendix E, or the approval issued under Env-Dw 302;
(2) For any
small production well for a small community water system, the larger of the
sanitary protective radius established under Env-Dw
305.10, reprinted in Appendix F, or the approval issued under Env-Dw 305;
(3) For any
non-community water system, the applicable distance from Env-Dw 406.12, reprinted in Appendix G; or
(4) Table
1008-4 in Env-Wq 1008.06, reprinted in Appendix H,
for private water supply wells, whether commercial or non-commercial.
(b) Within a water supply intake protection area,
a stormwater management system shall not discharge to the surface water that
defines the protection area, or to the ground surface, subsurface, or
groundwater within 100 feet of that surface water, except as specified in (c),
below.
(c) Stormwater management systems that discharge
stormwater from areas less than 0.5 acre and that do not and will not receive
stormwater from a high-load area shall be exempt from the private well and
surface water setbacks of (a) and (b), above, provided that no component of the
stormwater management system is located within 50 feet of a well and flow is
directed away from the well.
(d) A stormwater management system that discharges
within a water supply intake protection area or to a storm sewer system that
discharges within a water supply intake protection area shall incorporate
water-tight designs that allow for shut-down or containment in the event of a
spill if the system serves a bulk plant or terminal where bulk petroleum
products or hazardous materials are transferred.
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
1508.03 Stormwater Treatment
Practices: Stormwater Ponds.
Stormwater ponds, including but not limited to micropool extended detention ponds, wet ponds, wet extended
detention ponds, multiple pond systems, and pocket ponds, shall comply with the
following:
(a)
The stormwater pond design shall include a sediment forebay for
pretreatment that meets the criteria specified in Env-Wq
1508.11;
(b)
Stormwater ponds shall have a permanent pool, or combination of
permanent pool and extended detention, greater than or equal to the WQV;
(c) If extended detention is provided, then:
(1) The
extended detention volume shall:
a.
Not comprise more than 50% of the WQV;
and
b. Have a minimum 24-hour drawdown; and
(2) The outlet
shall discharge at a maximum flow rate of twice the average flow rate, where
the average flow rate is calculated as the extended detention volume divided by
24 hours;
(d)
The perimeter of each pond shall be curvilinear;
(e)
The side slopes of the pond shall be no steeper than 3:1 and no flatter
than 20:1;
(f)
The minimum length to width ratio shall be 3:1, where:
(1) Length is measured along the flow path
between the inlet and outlet at mid-depth; and
(2) Width is computed by summing the average top
width and the average bottom width and dividing by 2;
(g)
The permanent pool depth shall be:
(1) Not less than 3 feet; and
(2) Demonstrated by providing:
a. A stormwater pond having a pond floor at
least 5 feet below the SHWT or the lowest elevation pond outlet, whichever is
lower; or
b. A hydrologic budget that accounts for the
inflow to, outflow from, and storage in the stormwater pond, showing that
sufficient water is available to maintain the water depth in the permanent pool;
(h)
The permanent pool depth shall not be greater than 8 feet;
(i) The inlet and outlet shall be located as far
apart as possible;
(j) Energy dissipation shall be provided at the
inlet and outlet to prevent scour;
(k) Any outlet structure having a 6-inch or smaller
diameter orifice or a 6-inch wide or narrower weir
shall have a trash rack to minimize clogging;
(l) If elevations allow, a manually-controlled
drain shall be provided to dewater the pond over a 24-hour period;
(m)
The stormwater pond shall be able to discharge the 50-year, 24-hour
storm without overtopping the embankment crest; and
(n)
A planting plan that does not include any invasive species and that
replicates the spatial and compositional diversity of a natural wetland shall
be developed by an individual having knowledge of wetlands ecosystems and, in particular, wetlands plant species.
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
1508.04 Stormwater Treatment Practices:
Stormwater Wetlands. Stormwater
wetlands, including but not limited to shallow wetlands, extended detention
wetlands, and pond/wetland systems but excluding gravel wetlands, shall comply
with the following:
(a)
The stormwater wetland design shall include a sediment forebay for
pretreatment that meets the criteria specified in Env-Wq
1508.11;
(b) The stormwater wetland shall have a permanent
pool, or a combination of permanent pool and extended detention, greater than
or equal to the WQV;
(c) If extended detention is used, then:
(1) The
extended detention volume shall:
a. Not
comprise more than 50% of the WQV; and
b. Have a
minimum 24 hour drawdown; and
(2) The outlet shall discharge at a maximum flow
rate of twice the average flow rate, where the average flow rate is calculated
as the extended detention volume divided by 24 hours;
(d)
The perimeter of each wetland shall be curvilinear;
(e)
The side slopes of each wetland shall be no greater than 3:1 and no flatter
than 20:1;
(f)
The minimum length to width ratio shall be 3:1, where:
(1) Length is measured along the flow path between
the inlet and outlet at mid-depth; and
(2) Width is computed by summing the average top
width and the average bottom width and dividing by 2;
(g)
The permanent pool elevation of the wetland shall be based upon:
(1) An outlet control structure at an elevation 2
feet below the SHWT; or
(2) Preparation of a hydrologic budget that
accounts for the inflow to, outflow from, and storage in the stormwater pond,
showing that sufficient water is available to maintain the wetland and that the
wetland will not be inundated with an excess of water;
(h)
The permanent pool depth shall not be greater than 8 feet;
(i) The inlet and outlet shall be located as far
apart as possible;
(j)
Energy dissipation shall be provided at the inlet and outlet to prevent scour;
(k)
Any outlet
structure having a 6-inch or smaller diameter orifice
or a 6-inch wide or narrower weir shall have a trash rack to minimize clogging;
(l) If elevations allow, a manually-controlled
drain shall be provided to dewater the pond over a 24-hour period;
(m)
The stormwater wetland shall be able to discharge the 50-year, 24-hour
storm without overtopping the embankment crest; and
(n) The maximum water surface elevation shall not
extend more than 4 feet above the permanent pool during the 50-year, 24-hour storm;
(o)
A planting plan that does not include any invasive species and that
replicates the spatial and compositional diversity of a natural wetland shall
be developed by an individual having knowledge of wetlands ecosystems and, in particular, wetlands plant species.
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 in paragraph (f) 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
1508.05 Stormwater Treatment
Practices: Gravel Wetlands. If a
gravel wetland is used, the system shall be designed in accordance with “UNHSC
Subsurface Gravel Wetland Design Specifications”, June 2016, available as noted
in Appendix B, with the stipulation that the system shall have:
(a)
A sediment forebay as specified in Env-Wq
1508.11; and
(b)
Two treatment bays, each of which is designed to filter at least 45% of
the WQV.
Source. #12342, eff 8-15-17
(formerly in Env-Wq 1508.04(f) in #9817-A, eff
12-1-10 (See Revision Note #3 at chapter heading for Env-Wq
1500)
Env-Wq
1508.06 Stormwater Treatment
Practices: Infiltration Practices.
Infiltration practices, including but not
limited to infiltration trenches, infiltration basins, dry wells, and drip
edges, shall comply with the following:
(a) Infiltration practices shall be prohibited in
the following areas in addition to those identified in Env-Wq
1507.02:
(1) Into soils where the infiltration rate, prior
to adding a factor of safety, is less than 0.5 inches per hour, as calculated
per Env-Wq 1504.14; and
(2) Subject to (b), below, into soils where the
infiltration rate, prior to adding a factor of safety, is more than 10 inches
per hour, unless the stormwater directed to the infiltration practice has been
treated in accordance with a practice described in Env-Wq 1508.03
through Env-Wq 1508.10 prior to
entering the infiltration practice;
(b)
Soils may be amended to reduce the infiltration rate to less than or
equal to 10 inches per hour, prior to adding a factor of safety, as confirmed
by results from field measurement methods described in Env-Wq
1504.14(e), provided that if soils are amended, they shall be amended to 24
inches or deeper;
(c) Pretreatment as described in Env-Wq 1508.11 through Env-Wq 1508.15
shall be provided if stormwater other than or in addition to roof run-off will
be discharged to the practice;
(d)
If a sediment forebay is used to meet (c), above, it shall be designed
to contain 25% of the WQV and otherwise meet the criteria specified in Env-Wq 1508.11;
(e) The volume of the practice, excluding any
sediment forebay areas, shall be large enough to contain the WQV without
depending on infiltration;
(f)
The practice shall completely drain the WQV within 72 hours;
(g) The design infiltration rate shall be determined
in accordance with Env-Wq 1504.14;
(h)
Subject to (i)
and (j), below, the
SHWT and bedrock shall be at least 3 feet below the bottom of the practice;
(i) If the practice is located within a
groundwater protection area or a water supply intake protection area, the SHWT
and bedrock shall be at least 4 feet below the bottom of the practice;
(j) If the stormwater directed to the
infiltration practice has been treated in accordance with a practice described
in Env-Wq 1508.03 through Env-Wq
1508.10 prior to entering the practice, the SHWT and bedrock may be reduced to
not less than one foot below the bottom of the practice;
(k)
If the practice includes an infiltration trench, the following
requirements also shall be met:
(1) The trench shall be 4 to 10 feet deep;
(2) The infiltration media shall be clean,
washed, well-graded aggregate with a diameter of 1.5 to 3 inches such that the
porosity is 40%;
(3) An observation well along the trench center
line shall be provided; and
(4) The overflow structure shall comply with Env-Wq 1507.02(d);
(l) If the practice includes an in-ground
infiltration basin, the following requirements also shall be met:
(1) The perimeter of the pond shall be curvilinear;
(2) Side slopes shall be no steeper than 3:1 and
no flatter than 20:1;
(3) The basin floor shall be flat, or zero
percent slope;
(4) The basin floor shall be prepared with one of
the following:
a. A 6-inch layer of coarse sand or 3/8 inch pea gravel;
b. Grass turf that can survive inundation for up
to 72 hours and still provide a dense, vigorous turf layer; or
c. A layer of coarse organic material, such as
erosion control mix or composted mulch, that is tilled into the soil, soaked,
and allowed to dry; and
(5) The total volume of the basin shall:
a. Be large enough to infiltrate the 50-year,
24-hour storm without overtopping; or
b. Have an overflow structure that complies with
Env-Wq 1507.02(d).
(m)
If the practice includes an underground infiltration basin, the
following requirements also shall be met:
(1) An observation well or accessible manhole
structure shall be provided; and
(2) The outfalls shall be designed to discharge
the 10-year, 24-hour storm;
(n)
If the practice includes one or more dry wells, each dry well shall be
equipped with an overflow structure that complies with Env-Wq
1507.02(d); and
(o)
If the practice includes one or more stone drip edges, runoff shall be
from roofs only.
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 1508.05) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq 1508.07 Stormwater Treatment Practices: Filtering Practices. Filtering practices, including but not
limited to surface sand filters, underground sand filters, tree box filters, bioretention
systems, pervious asphalt, and pervious concrete, shall comply with the
following:
(a) Filtering
practices shall not be located in:
(1) An area where a filtering practice sidewall
is adjacent to hydrologic soil group A soils, unless an impermeable liner is
installed along the side wall so as to separate the
practice from the group A soils; or
(2) The areas identified in Env-Wq 1507.02(c)(1)-(4) unless the practice has an impermeable
liner;
(b)
Pretreatment as described in Env-Wq 1508.11
through Env-Wq 1508.15 shall be provided unless:
(1) The practice is pervious pavement or a tree
box filter; or
(2) Roof runoff is the only stormwater discharged
to the practice;
(c) If a sediment forebay is used to meet (b)
above, it shall be designed to contain 25% of the WQV and otherwise meet the
criteria specified in Env-Wq 1508.11;
(d) The practice
shall completely drain the WQV within 72 hours or less;
(e) If the practice
has an impermeable liner, (f) through (i), below,
shall not apply;
(f) The design
infiltration rate of the underlying native soil or fill soil shall be
determined in accordance with Env-Wq 1504.14;
(g) If the
infiltration rate, prior to adding a factor of safety, of the underlying soil
or proposed fill, as determined pursuant to (f), above, is less than 0.50
inches per hour, an underdrain system shall be provided as follows:
(1) The underdrain shall consist of a 6-inch
diameter perforated pipe set in ¾-inch to 2-inch diameter stone or gravel
washed free of fines and organic material;
(2) The stone or gravel layer shall extend at
least 4 inches above the drainage pipes and 4 inches below the drainage pipes;
(3) The stone or gravel layer shall be separated
from the filter media with a 3-inch layer of 3/8-inch pea gravel; and
(4) Underdrains shall be provided at a maximum
spacing of 25 feet center-to-center;
(h) If the practice
is not located within a groundwater protection area or water supply intake
protection area, the SHWT and bedrock may be reduced to not less than one foot
below the bottom of the filter course material, provided, however, that
underdrains may be installed to achieve the minimum one-foot separation between
the SHWT and the bottom of the filter course material;
(i) If the practice is located within a
groundwater protection area or water supply intake protection area, the
practice shall have a filter course depth of 24 inches and have at least one
foot of separation between:
(1) The bottom of the filter course material and
bedrock; and
(2) The bottom of the filter course material and
the SHWT, provided, however, that underdrains may be installed to achieve the
minimum one-foot separation between the SHWT and the bottom of the filter
course material;
(j) An overflow
structure that complies with Env-Wq 1507.02(d) shall
be included;
(k) If the practice
includes a surface filter, the following requirements also shall be met:
(1) The filter, including
the storage area above the filter, the filter media voids, and the pretreatment
area, shall store at least 75% of the WQV;
(2) The contributing drainage area shall be less
than 10 acres;
(3) The filter media shall be a minimum 18 inches
deep;
(4) The filter media shall consist of one of the
following mixtures volume:
a. 50% to 55% by volume sand that is certified
by its producer as meeting the requirements for ASTM C-33 concrete sand, 20% to
30% by volume of loamy sand topsoil with 15% to 25% fines passing the number
200 sieve, and 20% to 30% by volume moderately fine shredded bark or wood fiber
mulch with less than 5% passing the number 200 sieve;
b. 20% to 30% by volume of moderately fine
shredded bark or wood fiber mulch that has no more than 5% fines passing the
number 200 sieve, with 70 to 80% by volume loamy coarse sand used in the
mixture meeting the following sieve analysis specification:
1. From 85 to 100 percent by weight shall pass
the number 10 sieve;
2. From 70 to 100 percent by weight shall pass
the number 20 sieve;
3. From 15 to 40 percent by weight shall pass
the number 60 sieve; and
4. From 8 to 15 percent by weight shall pass the
number 200 sieve;
(5) The filter shall have an access grate; and
(6) The filter shall not be covered with grass;
(l) If the practice includes an underground
filter, the following requirements also shall be met:
(1) The filter, including the filter media voids
and the pretreatment chamber, shall store at least 75% of the WQV;
(2) The contributing drainage area shall be less
than 10 acres;
(3) The filter media shall be a minimum 18 inches
deep;
(4) The filter media shall consist of one of the
mixtures specified in (l)(4) above; and
(5) The filter shall have an access grate;
(m) If the practice
includes a bioretention system, the following requirements also shall be met:
(1) The ponding area, including the storage area above
the filter and the filter media voids, shall store 100% or more of the WQV;
(2) The contributing drainage area shall be less
than 5 acres;
(3) The filter media shall be a minimum 18 inches
deep;
(4) The filter media shall consist of one of the mixtures
specified in (l)(4), above;
(5) Side slopes shall not exceed 3:1;
(6) The surface shall be covered with a minimum
of 3-inches of organic material; and
(7) The surface area shall be covered with
grasses or have the following planting design plan:
a. Only native, non-invasive species shall be used;
b. Plant layout shall be random and natural;
c. Woody vegetation shall not be used near
inflow locations;
d. Vegetation directly over the filter media
shall be limited to facultative wetland species as specified in National List
of Plant Species that Occur in Wetlands: Northeast (Region 1), May 1988,
published by U.S. Fish and Wildlife Services, available at https://digitalmedia.fws.gov/cdm/ref/collection/document/id/1348, or other species that can
withstand periodic inundation, as determined by a certified wetland scientist;
e. Trees or large shrubs shall be planted along
the perimeter; and
f. The plan shall establish
a perimeter tree canopy with an understory of shrubs and herbaceous plants;
(n) If the practice
includes pervious asphalt, the following requirements also shall be met:
(1) The practice shall be designed and installed
in accordance with UNHSC Design Specifications for Porous Asphalt Pavement and
Infiltration Beds, February 2014, revised September 2016, published by
University of New Hampshire Stormwater Center, available as noted in Appendix B;
(2) The thickness of the filter course shall be
at least 12 inches; and
(3) The ratio of the total contributing area to
the area of the pervious surface shall be no more than 5:1;
(o) If the practice
includes pervious concrete, the following requirements also shall be met:
(1) The filter course material shall consist of
NHDOT Standard Specification for Road and Bridge Construction,
2016, Table 304-1, item number 304.1, available as noted in Appendix B, modified
to have 0-6% passing the number #200 sieve;
(2) The practice shall be
designed and installed in accordance with American Concrete Institute, 522.1-13,
Specification for Pervious Concrete Pavement, 2013, available as noted in Appendix B;
(3) The
practice shall be installed by a contractor certified in pervious concrete
installation by the National Ready Mix Concrete
Association (NRMCA);
(4) The thickness of the filter course shall be
at least 12 inches; and
(5) The ratio of the total contributing area to
the area of the pervious surface shall be no more than 5:1; and
(p)
If the practice includes a tree box filter, then:
(1) The tree box filter shall be not less than 6
feet in diameter and not less than 4 feet deep; and
(2) The contributing drainage area shall be less than
0.1 acres.
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 1508.06) (See Revision Note #3 at chapter
heading for Env-Wq 1500)
Env-Wq
1508.08 Stormwater Treatment
Practices: Treatment Swales.
Treatment swales shall be used only as follows:
(a)
Swales shall not be used in any of the areas identified in Env-Wq 1507.02(c)(1)-(4) unless the practice has an impermeable
liner;
(b)
The swale length shall be at least 100 feet long;
(c)
Any portion of the swale that is in a roadside ditch which collects
runoff from the adjacent roadway surface shall not count towards the minimum
length specified in (c), above;
(d)
The bottom of the swale shall be no more than 8 feet wide, provided that
widths up to 16 feet shall be allowed if a dividing berm or structure is used
such that neither channel is more than 8 feet wide;
(e)
The bottom of the swale shall not be within the SHWT;
(f)
The swale side slopes shall be no steeper than 3:1 and no flatter than
20:1;
(g)
The swale shall have a longitudinal slope between 0.5% and 2% without
check dams or 2% to 5% with check dams;
(h)
The maximum flow depth in the swale shall be:
(1) Four inches at the WQF; or
(2) If a detention structure is used immediately
upstream of the treatment swale, the maximum flow depth in the swale shall be 4
inches at the 2-year, 24-hour post-development peak flow rate;
(i) The swale’s hydraulic residence time shall be
greater than 10 minutes for:
(1) The WQF; or
(2) The 2-year, 24-hour post-development peak
flow rate routed through a detention structure;
(j)
The swale shall be sized to discharge the 10-year, 24-hour storm; and
(k)
The swale shall have at least 85% vegetated growth prior to directing
runoff to it.
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 1508.07) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq 1508.09 Stormwater
Treatment Practices: Vegetated Buffers.
Vegetated buffers, including but not limited to residential or small
pervious area buffers, developed area buffers, roadway buffers, and ditch
turn-out buffers, shall be used only as follows:
(a) Buffers shall not be located in an area of
RSA 482-A jurisdiction;
(b) The buffer shall be directly adjacent to the
area being treated;
(c) The runoff shall enter the buffer as sheet flow;
(d) The buffer shall not be interrupted by any intermittent
or perennial stream channel or other drainage way;
(e) Only the continuous flow path length shall be
counted toward the buffer length;
(f) The vegetative cover type shall be forest or
meadow or a combination of forest and meadow, and if a combination, the
required sizing of the buffer shall be determined as a weighted average based
on the percent of buffer in forest and the percent of buffer in meadow;
(g) The hydrologic soil group shall be
identified, and if the buffer contains more than one soil group, the required
sizing of the buffer shall be determined as a weighted average based on the
percent of the buffer in each soil type;
(h) The buffer area shall be identified on the
plans and protected by deed restrictions or covenants, or both, so that it
remains in an unaltered state;
(i) If the practice
is for a residential or small impervious area, the following requirements also
shall be met:
(1) Runoff shall be received only from one or
more of the following:
a. A single
family or duplex residential lot;
b. A
developed area with less than 10% imperviousness where the flow path over the
developed area does not exceed 150 feet; or
c. An
impervious area not greater than one acre where the flow path across the
impervious area does not exceed 100 feet;
(2) Runoff shall enter the buffer as sheet flow
without the aid of a level spreader;
(3) The buffer slope shall be uniform and not
exceed 15%; and
(4) The minimum flow path through the buffer
shall be the sum of the following distances or 45 feet, whichever is greater:
a. The base
flow path through the buffer shall be:
1. For hydrologic group A soils, 25 feet;
2. For hydrologic group B soils, 45 feet;
3. For hydrologic group C soils, 60 feet;
4. For hydrologic group D soils, 142 feet; and
5. For buffers containing more than one
hydrologic soil group, a weighted average of the distances in 1. through 4.,
above, based on the hydrologic group(s) of the soils in the buffer;
b. For every
1% slope of the buffer, 2 feet shall be added to the base flow path length
through the buffer; and
c. For every
10% of the buffer area that is meadow, 3 feet shall be added to the base flow
path length through the buffer;
(j) If the practice is for a developed area using
a buffer with a stone berm level spreader, the following requirements also
shall be met:
(1) Runoff shall be received from a developed area
where the runoff is concentrated;
(2) A stone berm level spreader that meets the
requirements of Env-Wq 1508.18 and is no less than 20
feet and no greater than 50 feet in length shall be provided to distribute the
flow to the buffer;
(3) The minimum flow path length through the
buffer shall be 50 feet;
(4) The buffer slope shall be uniform and not
exceed 15%;
(5) Subject to (10), below, the total buffer area
required shall be determined by multiplying the total area draining to the
buffer, in acres, by the sum of the following:
a. The base
buffer area per acre, determined pursuant to (6), below;
b. The
impervious area adjustment, determined pursuant to (7), below;
c. The slope
adjustment, determined pursuant to (8), below; and
d. The meadow
adjustment, determined pursuant to (9), below;
(6) The base buffer area per acre shall be
determined based on the hydrologic group of the soils and the area draining to
the buffer, as follows:
a. For
hydrologic group A soils, 400 square feet per acre draining to the buffer;
b. For
hydrologic group B soils, 1,000 square feet per acre draining to the buffer;
c. For
hydrologic group C soils, 1,500 square feet per acre draining to the buffer;
d. For
hydrologic group D soils, 2,200 square feet per acre draining to the buffer;
and
e. For
buffers containing more than one hydrologic soil group, a weighted average of
the areas in a. through d., above, based on the hydrologic group(s) of the
soils in the buffer;
(7) For every 1% of the area draining to the
buffer that is impervious, the following impervious area adjustment shall be
added to the base buffer area per acre:
a. For
hydrologic group A soils, 45 square feet per acre draining to the buffer;
b. For
hydrologic group B soils, 66 square feet per acre draining to the buffer;
c. For
hydrologic group C soils, 83 square feet per acre draining to the buffer; and
d. For
hydrologic group D soils, 132 square feet per acre draining to the buffer; and
e. For
buffers containing more than one hydrologic soil group, a weighted average of
the areas in a. through d., above, based on the hydrologic group(s) of the
soils in the buffer;
(8) For every 1% slope of the buffer, the slope
adjustment shall be an additional 100 square feet per acre draining to the buffer;
(9) For every 1% of the buffer area that is meadow,
the meadow adjustment shall be an additional 24 square feet per acre draining
to the buffer; and
(10) If a detention structure is used upstream of the level
spreader, the drainage area to the buffer shall be deemed to be 1.0 acre of
impervious area for every 1.0 cfs of peak 2-year,
24-hour outflow from the detention structure;
(k) If the practice is a roadway buffer, the
following requirements also shall be met:
(1) Runoff shall be received from the road
surface and shoulder and sheet directly into the buffer;
(2) No areas other than the adjacent road surface
and shoulder shall be directed to the buffer;
(3) The road shall be parallel to the contour of
the buffer slope;
(4) Except as provided in (5) below, the man-made
buffer slope shall be uniform and not exceed 15%;
(5) A maximum of 20 feet of vegetated roadway
embankment slope of 3:1 or flatter shall count toward the required buffer
length as required in (8) below;
(6) The natural buffer slope shall be uniform and
not exceed 20%;
(7) The buffer shall be vegetated; and
(8) The buffer flow path shall be at least 50
feet for one travel lane draining to the buffer and at least 30 additional feet
for each additional travel lane draining to the buffer; and
(l) If the
practice is a ditch turn-out buffer, the following requirements also shall be
met:
(1) No areas other than road surface, road
shoulder, and road ditch shall be directed to the buffer;
(2) No more than 6,000 square feet of pavement
shall be directed to a level spreader;
(3) A stone berm level spreader that meets the
requirements of Env-Wq 1508.18 and is no less than 20
feet and no greater than 50 feet in length shall be provided at the end of the
ditch to distribute runoff to the buffer;
(4) The buffer slope shall be uniform and not
exceed 15%; and
(5) For every 1,000 square feet of area draining
to the buffer, the minimum flow path length through the buffer shall be the sum
of the following distances or 50 feet, whichever is greater:
a. The base flow path through the buffer shall
be:
1. For hydrologic group A soils, 7 feet;
2. For hydrologic group B soils, 8 feet;
3. For hydrologic group C soils, 15 feet;
4. For hydrologic group D soils, 30 feet; and
5. For buffers containing more than one hydrologic
soil group, a weighted average of the distances in 1. through 4., above, based
on the hydrologic group(s) of the soils in the buffer;
b. For every 1% slope of the buffer, 2 feet
shall be added to the base flow path length through the buffer; and
c. For every 10% of the buffer that is meadow, 3
feet shall be added to the base flow path length through the buffer.
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 (formerly Env-Wq
1508.08) (See Revision Note #3 at chapter heading for Env-Wq
1500)
Env-Wq
1508.10 Other Stormwater Treatment
Practices.
(a)
An applicant who wishes to use a stormwater treatment practice not
specified in these rules shall submit a written request to the department for
approval of the practice.
(b)
The request shall include the following:
(1) A copy of the plan(s) submitted pursuant to
Env-Wq 1503.05(c)(3) with the location where the practice
is proposed to be used clearly marked;
(2) A narrative description of the proposed
practice, together with any diagrams or schematics that are helpful to understanding
the proposed practice, including how the proposed practice meets the
requirements specified in (f), below;
(3) If the proposed practice includes components
for which the manufacturer has provided a design, installation, and/or
operations manual, a copy of such manual(s);
(4) A description of the operation and
maintenance procedures required to ensure the practice remains functional;
(5) A description of any advantages of the
proposed practice over the practice(s) specified in these rules, including in
particular environmental and operational benefits;
(6) A description of the protocol used for the
field-based assessment of the practice, including the length of time the
practice has been in use; and
(7) If the practice has been used in other states
or provinces having climate and geological features like those found in New
Hampshire, a list of where the practice has been used and, for each such state
or province, the name and daytime telephone number and, if available, an e-mail
address, of an official at a state or provincial agency who has knowledge of,
and who can be contacted regarding, the practice.
(c)
The department shall approve the proposed stormwater treatment practice
if the information provided by the applicant demonstrates that:
(1) The field-based assessment was performed in
accordance with a protocol which produces the same quality and quantity of data
as the protocols established by the University of New Hampshire Stormwater
Center, the Technology Acceptance and Reciprocity Partnership, or the Washington
State Department of Ecology Technology Assessment Protocol; and
(2) The proposed practice meets the criteria
specified in (f), below.
(d) The department shall notify the applicant of
its decision in writing. If the request
is denied, the notice shall specify the reason(s) for the denial.
(e) If the department approves the proposed
practice, the approval shall:
(1) Require compliance with Env-Wq 1507.07 relative to long-term maintenance;
(2) Require annual inspections of the practice
with an evaluation of the functionality of the practice, and the annual
submission to the department of a report of the findings of the inspection and
evaluation if the information submitted pursuant to (b), above, does not show
the proposed practice to have operation longevity of at least 5 years in the
field; and
(3) Include any other conditions that are
necessary to ensure the practice meets the criteria specified in (f), below.
(f) A proposed stormwater treatment practice
shall be approved only if the practice:
(1) Captures and treats the WQV or WQF;
(2) Achieves a minimum removal rate of 80% of
total suspended solids at the WQF;
(3) Does not discharge floatable debris,
including oil and petroleum products, for all flow rates up to the design WQF,
either alone or in combination with pretreatment; and
(4) Has automatic operation during runoff events.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.09) (See
Revision Note #3 at chapter heading for Env-Wq 1500)
Env-Wq 1508.11 Pretreatment
Practices: Sediment Forebays.
Sediment forebays shall comply with the following:
(a)
Sediment forebays shall not be located in any of the areas identified in
Env-Wq 1507.02(c)(1)-(4) unless the practice has an
impermeable liner;
(b)
Unless otherwise specified, a sediment forebay shall be designed to
contain 10% of the WQV;
(c)
Sediment forebays for gravel wetland systems shall be designed to drain
within 72 hours of storm events;
(d) Forebays shall be no less than 2 feet and no
more than 6 feet in depth;
(e) Forebay side slopes shall be no steeper than 3:1;
(f) A fixed vertical sediment marker shall be
installed to measure sediment depth; and
(g) Upon completion of maintenance, all disturbed
areas shall be re-stabilized in accordance with the approved plans.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342
(formerly Env-Wq 1508.10) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq
1508.12 Pretreatment Practices: Vegetated
Filter Strips. Vegetated filter
strips shall comply
with the following:
(a)
The vegetative cover type of the filter strip shall be forest, meadow,
or a combination of forest and meadow;
(b)
The overland flow length to the filter strip shall not exceed 75 feet
for impervious surfaces and 150 feet for pervious surfaces;
(c) Longitudinal slopes shall be no less than 0.5
percent and no greater than 15 percent; and
(d) The vegetated filter strip shall be at least
25 feet long and as wide as the area draining to the strip.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342
(formerly Env-Wq 1508.11) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq
1508.13 Pretreatment Practices: Pretreatment
Swales. Pretreatment swales
shall comply with the following:
(a)
Swales shall not be used in any of the areas identified in Env-Wq 1507.02(c)(1)-(4) unless the practice has an impermeable
liner;
(b)
The swale length shall be at least 50 feet long;
(c)
Any portion of the swale that is in a roadside ditch which collects
runoff from the adjacent roadway shall not count towards the minimum length
specified in (b), above;
(d) The bottom of the swale shall be no more than
8 feet wide;
(e)
The bottom of the swale shall not be within the SHWT;
(f) The swale side slopes shall be no steeper than
3:1 and no flatter than 20:1;
(g)
The swale shall have a longitudinal slope between 0.5% and 2% without
check dams or 2% to 5% with check dams;
(h)
The maximum flow depth in the swale shall be 4 inches at the WQF;
(i) The swale shall be sized to discharge the
10-year, 24-hour storm; and
(j)
The swale shall be vegetated.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342
(formerly Env-Wq 1508.12) (See Revision Note #3 at chapter
heading for Env-Wq 1500)
Env-Wq
1508.14 Pretreatment Practices:
Flow-Through Devices. Flow through
devices such as hydrodynamic separators, water quality inlets, and oil/particle
separators shall comply with the following:
(a) The devices shall be designed according to
the manufacturer’s recommendations based on the WQF to remove a minimum of 80% of
U.S. Silica grade OK-110 sand at the WQF;
(b) Water quality inlets and oil/particle
separators shall have a 4 foot minimum sump;
(c) Water quality inlets shall be a 3-chamber
design, with the first and second chambers having a minimum of 400 cubic feet
of storage per acre of contributing impervious area;
(d) Each water quality inlet and oil/particle
separator chamber shall be accessible by means of a separate manhole;
(e) The contributing area to the oil/particle
separator shall not exceed 1.0 acre of impervious area;
(f) Oil/particle separators shall only be used in
an off-line configuration to treat the WQF; and
(g) Oil/particle separators shall have a minimum
of 400 cubic feet of permanent pool storage per acre of contributing impervious
area.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342
(formerly Env-Wq 1508.13) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq
1508.15 Pretreatment Practices: Deep
Sump Catch Basins. Deep sump catch
basins shall comply with the following:
(a) The contributing area shall not exceed 0.25
acres of impervious area;
(b) The distance from the bottom of the outlet
pipe to the bottom of the catch basin shall be at least 4 feet;
(c) The diameter of the catch basin shall be at
least 4 feet; and
(d) A hooded outlet pipe shall be provided that
extends at least one foot below the bottom of the outlet pipe.
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 1508.14) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq 1508.16 Groundwater
Recharge Practices. The following
methods shall be acceptable methods for infiltrating groundwater, provided that
all method-specific criteria are met:
(a) Infiltration practices accordance with Env-Wq 1508.06;
(b) Filtering practices in accordance with Env-Wq 1508.07 that infiltrate into the native soil below the
practice; and
(c) Other groundwater recharge practices,
including but not limited to permeable surfaces, modular concrete paving
blocks, modular concrete or plastic lattice, cast-in-place concrete grids, soil
enhancement technologies, and other materials such as gravel, cobbles, wood,
mulch, brick, or natural stone, provided that the following criteria are met:
(1) The practice shall completely drain within 72
hours;
(2) Bedrock and the SHWT shall be at least one foot
below the base of the practice; and
(3) Prior to adding a factor of safety, the
underlying soil has a design infiltration rate of 0.5 inches per hour or more,
as calculated per Env-Wq 1504.14.
Source. (See Revision Note #1 at chapter heading for Env-Wq 1500) #9343, eff 1-1-09; ss by
#12342 (formerly Env-Wq 1508.15) (See Revision Note
#3 at chapter heading for Env-Wq 1500)
Env-Wq 1508.17 Stormwater
Control and Conveyance Practices: Detention Basins. Underground and in-ground detention basins shall
comply with the following:
(a) Untreated stormwater shall not be directed to
unlined detention basins;
(b)
Basins shall not be located in an area of RSA 482-A jurisdiction, unless
a permit that
specifically allows the detention basin has been issued
pursuant to RSA 482-A;
(c) Underground detention basins shall have
access manholes located upstream, downstream, and at intermediate locations to
provide access for maintenance; and
(d) If the practice includes one or more
in-ground detention basins, the following requirements also shall be met:
(1) The side
slopes of the basin shall be 2:1 or flatter;
(2) The crest
shall be at least 4 feet wide;
(3) Any outlet structure having a 6-inch or
smaller diameter orifice or a 6-inch wide or narrower
weir shall have a trash rack to minimize clogging;
(4) The lowest orifice shall be at least 6 inches
above the basin floor;
(5) Energy dissipation shall be provided at the
inlet and outlet to prevent scour;
(6) The detention basin shall be:
a. Constructed
with an emergency spillway; and
b. Able to
discharge the 100-year, 24-hour storm without overtopping the embankment crest;
(7) All
areas of the detention basin, including the basin floors, side slopes, berms,
impoundment structures, or other earth structures shall have vegetation
suitable for the soil type, the moisture content, the amount of sun exposure,
and the level of inundation to which it is exposed; and
(8) If RSA
482 requires a dam permit to be obtained for the basin, then:
a. The
permit shall be obtained prior to construction; and
b. Any
conditions imposed under such permit that are more stringent than those listed above
shall apply.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342
(formerly Env-Wq 1508.16) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq 1508.18 Stormwater
Control and Conveyance Practices: Stone Berm Level Spreaders. Stone berm level spreaders shall comply with
the following:
(a) The level spreader shall discharge to a
vegetated receiving area with the capacity to convey the discharge without erosion;
(b) The receiving area shall:
(1) Have a
slope of less than 15 percent; and
(2) Be
stable prior to construction of the level spreader;
(c) The level spreader shall:
(1) Be
a 6-inch deep trapezoidal trough; and
(2) Have
a minimum bottom width of 3 feet;
(d) The level spreader base and top of berm shall
be at 0% grade;
(e) The level spreader side slopes and berm side
slopes shall be 2:1 or flatter;
(f) The berm shall:
(1) Be
at least 18 inches high; and
(2) Have
a top width of at least 2 feet; and
(g) The stone used in the berm shall be graded
within the following limits:
(1) 100 percent by weight shall pass the 12-inch sieve;
(2) From 84 to 100 percent by weight shall pass
the 6-inch sieve;
(3) From 68 to 83 percent by weight shall pass
the 3-inch sieve;
(4) From 42 to 55 percent by weight shall pass
the 1-inch sieve; and
(5) From 8 to 12 percent by weight shall pass the
number 4 sieve;
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 1508.17) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
Env-Wq 1508.19 Stormwater Control and Conveyance
Practices: Conveyance Swales.
Conveyance swales shall comply with the following:
(a) Swales shall not be used in groundwater
protection areas where the stormwater comes from one or more high-load areas,
unless the practice has an impermeable liner;
(b) The side slopes shall be designed to convey
non-erosive velocities; and
(c) The swale shall be sized to convey the
50-year, 24-hour storm.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342
(formerly Env-Wq 1508.18) (See Revision Note #3 at chapter
heading for Env-Wq 1500)
Env-Wq 1508.20 Stormwater
Control and Conveyance Practices: Earthen Terraced Slope or Benching.
(a) For purposes of this section, “bench” means a
terrace having a reverse grade to the grade of the slope.
(b) If diversion swales are incorporated to keep
upstream drainage off a constructed slope, benches shall be provided wherever
the vertical height between the top of the slope and the bottom of the slope
exceeds 40 feet.
(c) If diversion swales are not incorporated to
keep upstream drainage off the constructed slope, benches shall be provided
wherever the vertical height of:
(1) Any 2:1
slope exceeds 20 feet;
(2) Any 3:1
slope exceeds 30 feet; or
(3) Any 4:1
slope exceeds 40 feet.
(d) Benches shall be located to divide the slope
face into equal parts.
(e) Each bench shall:
(1) Convey
the stormwater to a stable outlet;
(2) Be a
minimum of 6 feet wide; and
(3) Be designed
with a reverse slope of 6:1 or flatter from the top of the lower slope to the toe
of the upper slope and with a minimum of one foot in depth.
(f) The channel gradient from the bench to the outlet
shall be between 2 and 3 percent.
(g) The flow length within a bench shall not
exceed 800 feet.
Source. (See Revision Note #1 at chapter heading for
Env-Wq 1500) #9343, eff 1-1-09; ss by #12342
(formerly Env-Wq 1508.19) (See Revision Note #3 at
chapter heading for Env-Wq 1500)
PART Env-Wq 1509 WAIVERS AND DEADLINE EXTENSIONS
Env-Wq 1509.01 Purpose. The purpose of this part is to establish the
procedures and criteria for requesting and obtaining:
(a) Waivers, to accommodate those situations
where strict adherence to the rules in Env-Wq 1500
would not be in the best interest of the public or the environment; and
(b) Extensions of deadlines specified in a notice
of incompleteness or request for additional information.
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 1509.02 Waiver
Requests.
(a) An applicant for a permit or a permit holder
who is or would be directly and adversely affected by the strict application of
a rule in Env-Wq 1500 may request a waiver thereof.
(b) Each request for a waiver shall be filed in
writing and contain the information specified in Env-Wq
1509.03.
(c) Any request for a waiver that relates to an
application for an AOT permit shall be submitted with the application or as
soon thereafter as the need for the waiver is identified by the applicant or
the department.
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 1509.03 Content
and Format of Waiver Requests.
(a) The person requesting the waiver shall
provide the following information to the department:
(1) The name,
mailing address, and daytime telephone number of the requestor and, if
available, the requestor’s e-mail address;
(2) The name,
mailing address, and daytime telephone number of the property owner, if other
than the requestor and, if available, the property owner’s e-mail address;
(3) The
location of the property to which the waiver request relates, if other than the
mailing address of the requestor or owner, or a statement that the mailing
address is the location of the property;
(4) The
specific rule section or paragraph for which a waiver is being requested;
(5) A full
explanation of why a waiver is being requested, including an explanation of the
economic and operational consequences of complying with the rule as written;
(6) Whether
the need for the waiver is temporary, and if so, the estimated length of time
that the waiver will be needed;
(7) If
applicable, a full explanation of the alternative that is proposed to be
substituted for the requirement in the rule, including written documentation or
data, or both, to support the alternative; and
(8) A full
explanation of why the applicant believes that having the waiver granted will
meet the criteria in Env-Wq 1509.04.
(b) The property owner(s) and the person(s) requesting
the waiver, if other than the property owner(s), shall sign the request as
specified in Env-Wq 1503.10.
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 1509.04 Waiver
Criteria.
(a) Subject to (b), below, the department shall
grant a waiver if:
(1) Granting
the request will not result in an adverse impact on the environment, public
health, public safety, or abutting properties that is more significant than the
impact that would result from complying with the rule as written; and
(2) One or
more of the following conditions is satisfied:
a. Granting
the request is consistent with the intent and purpose of the rule being waived;
or
b. Strict
compliance with the rule in the circumstances presented will provide no benefit
to the public or the environment.
(b) No waiver shall be granted:
(1) If the
effect of the waiver would be to waive or modify a statutory requirement; or
(2) To any of
the criteria for obtaining a permit specified in Env-Wq
1503.19.
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 1509.05 Decision
on Waiver Requests; Conditions.
(a) The department shall notify the person
requesting the waiver of the decision in writing.
(b) If the request is denied, the department
shall identify the specific reason(s) for the denial.
(c) The department shall include such conditions
in a waiver as are necessary to ensure that the criteria of Env-Wq 1509.04 will be met.
(d) If the need for a waiver is temporary, the
waiver shall specify the date on which it will expire.
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 1509.06 Requests
to Extend Deadlines.
(a) An applicant for a permit who has received a
notice of incompleteness pursuant to Env-Wq 1503.13(c)
who is unable to provide the missing application component(s) by the specified
deadline may request an extension of the deadline.
(b) An applicant for a permit who has received a
request for additional information pursuant to Env-Wq
1503.14 who is unable to provide the additional information requested by the specified
deadline may request an extension of the deadline.
(c) Each request for a deadline extension shall
be filed in writing and contain the information specified in Env-Wq 1509.07.
(d) Any request for a deadline extension shall be
filed as soon as the applicant realizes the need for an extension.
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 1509.07 Content
and Format of Deadline Extension Requests.
(a) The person requesting the deadline extension
shall provide the following information to the department:
(1) The name,
mailing address, and daytime telephone number of the requestor and, if
available, the requestor’s e-mail address;
(2) A brief
description of the application to which the request relates, such as project
name and town;
(3) The date
of the notice of incompleteness or request for additional information in which
the deadline for which an extension is being sought was established;
(4) The
deadline that was established;
(5) A full
explanation of why an extension is needed;
(6) If the
extension is not needed for all of the missing
components or additional information, the specific item(s) to which the request
applies; and
(7) The
alternative deadline proposed by the requestor.
(b) If the deadline extension does not apply to all of the missing components or additional information, the
applicant shall submit the item(s) to which the request does not apply by the
deadline originally established.
(c) The person(s) requesting the deadline
extension shall sign the request as specified in Env-Wq
1503.10.
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 1509.08 Criteria
for Deadline Extensions.
(a) Subject to (d), below, the department shall
extend a deadline for completing an application or submitting additional information
if:
(1) The
applicant demonstrates that good cause to extend the deadline exists; and
(2) A
complete request for deadline extension was submitted prior to the established
deadline.
(b) Good cause to extend a deadline shall be
deemed to exist if:
(1) In order
to submit the missing component(s) or additional information, the applicant
requires information from a third party not under the applicant’s control, and
the applicant has not received the information despite making diligent efforts to
obtain it; or
(2) The
applicant has otherwise been prevented by circumstances beyond the applicant’s
control from obtaining or preparing the missing component(s) or additional
information.
(c) The inability to obtain requisite information
from a third party based on the applicant’s failure to pay the third party for
services rendered shall not constitute good cause to extend a deadline.
(d) A deadline shall not be extended for more
than one year past the original date established in the notice of
incompleteness or request for additional information.
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 1509.09 Decision
on Deadline Extension Requests.
(a) The department shall notify the person
requesting the deadline extension of its decision in writing.
(b) If the request is denied, the department shall
identify the specific reason(s) for the denial in the notice sent pursuant to
(a), above.
(c) If the request is granted, the department
shall establish the new deadline in the notice sent pursuant to (a), 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)
PART Env-Wq 1510 BEST MANAGEMENT PRACTICES FOR BLASTING
Env-Wq 1510.01 Purpose. The purpose of this part is to establish best
management practices for blasting to minimize the potential for groundwater
contamination, to ensure that the groundwater can be used for existing and
future drinking water supply sources.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq 1510.02 Applicability. This part shall apply to all projects for
which an AOT permit is required that will involve blasting of bedrock.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq 1510.03 Loading
Practices. The following blast hole loading practices shall be
implemented:
(a) The driller shall maintain drilling logs to document:
(1) The depths and lengths of voids, cavities,
and fault zones or other weak zones encountered; and
(2) Groundwater conditions;
(b)
The driller shall communicate the contents of the drilling logs directly
to the blaster;
(c)
Explosive products shall be managed on site such that they are:
(1) Used in the borehole;
(2) Returned to the delivery vehicle; or
(3) Placed in secure containers for off‐site disposal;
(d)
Spillage around the borehole shall be:
(1) Placed in the borehole; or
(2) Cleaned up and returned to an appropriate
vehicle for handling or placement in secured containers for off site disposal;
(e)
Loaded explosives shall be detonated as soon as possible and not left in
the blast holes overnight, unless weather or other safety concerns reasonably
dictate that detonation should be postponed;
(f)
Loading equipment shall be cleaned in an area where wastewater can be
properly contained and handled in a manner that prevents release of
contaminants to the environment; and
(g) Explosives shall be loaded in accordance with
industry standard practices for priming, stemming, decking and column rise to
maintain good continuity in the column load to promote complete detonation.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq 1510.04 Explosive
Selection. Explosive products shall
be selected that are:
(a) Appropriate
for site conditions and safe blast execution; and
(b)
Have the appropriate water resistance for the site conditions present.
Env-Wq 1510.05 Prevention
of Misfires. Industry-standard practices shall be implemented to
prevent misfires.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq 1510.06 Muck
and Rock Management.
(a) For purposes of this part, the following
definitions apply:
(1) “Blasted
material” means all of the earth material loosened as a result of the blasting;
(2) “Muck”
means the blasted material remaining after the rocks have been removed; and
(3) “Rocks”
means the larger pieces of blasted material that are separated from the muck
for use elsewhere, including for feedstock of a rock crushing operation.
(b)
Muck shall be removed from the blast area as soon as reasonably
possible.
(c)
Rocks shall be managed so as to prevent water
supply wells or surface waters from being contaminated by runoff.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq
1510.07 Spill Prevention Measures and Spill Mitigation.
(a) Fuel
and other regulated substances shall be managed as required by Env-Wq 401.04.
(b)
Personnel working at the blast site shall be trained in how to respond
to a spill of the regulated substances being used at the site.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Env-Wq 1510.08 Fueling and Maintenance of Construction
Equipment.
(a)
If any construction equipment, including but not limited to earthmoving,
excavation, and boring equipment, will be fueled from a tank truck or other
container that is moved around the site, the following shall apply:
(1) Portable containment equipment that is sized
to contain the most likely volume of fuel to be spilled during a fuel transfer
shall be used, where the most likely volume to be spilled is determined based
on the fuel transfer rate, the amount of fuel being transferred, the distance
between the hose nozzle and pump shut off switch, and the response time of
personnel and equipment available at the facility;
(2) The
containment equipment shall be positioned to catch any fuel spills due to
overfilling the equipment and any other spills that might occur at or near the fuel
filler port to that equipment;
(3) The type of
containment equipment used and its positioning and use
shall account for all of the drip points associated with the fuel filling port
and the hose from the fuel delivery truck; and
(4) Personnel
shall not leave the immediate area while fuel is being transferred, to ensure
that any spills will be of limited volume.
(b) If the site will have a fixed location for fueling
construction equipment, the following shall apply:
(1) All fuel
containers, including but not limited to skid-mounted tanks, drums, and five gallon cans, shall have secondary containment that:
a. Is capable of containing 110% of the volume of the largest
fuel storage container; and
b. Has an
impervious floor;
(2) Secondary
containment for tanks may comprise a metal, plastic, polymer or precast
concrete vault providing 110 percent of the volume of the largest fuel storage container;
(3) For fuel
containers, secondary containment may comprise containment pallets;
(4) The area
where fuel is transferred shall be a flat, impervious area that:
a. Is adjacent
to the fuel container(s); and
b. Extends
beyond the full reach, or length, of the fuel hose; and
(5) Secondary
containment areas may be in the form of a basin that is:
a. Sloped down
to a central low point or bermed along the perimeter;
b. Lined with a
continuous sheet of 20 mil or thicker polymer material or appropriate geomembrane
liner; and
c. Backfilled
with at least 6 inches of sand.
Source. (See Revision Note #3 at chapter heading for
Env-Wq 1500) #12342, eff 8-15-17
Appendix A: State Statutes
Implemented
|
Rule Section(s) |
State Statute(s) Implemented |
|
Env-Wq 1501 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1502 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1503 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1503.08(b) and (n),
1503.19(h), 1503.22(d) and 1503.33 |
RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III |
|
Env-Wq 1503.19 intro &
(h) |
RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III |
|
Env-Wq 1504 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1504.18 |
RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III |
|
Env-Wq 1505 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1506 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1507 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1508 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1509 |
RSA 485-A:1; RSA 485-A:17; RSA 541-A:16, I(b); RSA
541-A:22, IV |
|
Env-Wq 1510 |
RSA 485-A:1; RSA 485-A:17; RSA 485-C |
Appendix B: Incorporated References
|
Rule (Env-Wq) |
Reference [Date/Edition] |
How to Obtain |
|
1503.03(d)(3) |
Best Management Practices For
Erosion Control During Trail Maintenance and Construction, NH Trail
Construction and Maintenance Manual [January 2017] |
NH Department of Resources and Economic Development,
Division of Parks and Recreation, Bureau of Trails 172 Pembroke Road Concord, NH 03301 No cost to download from http://www.nhstateparks.org/uploads/pdf/BMP-Manual.pdf |
|
1503.08(l) |
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 |
NH
Coastal Risks and Hazards Commission Available
at no cost at http://www.nhcrhc.org/stap-report/ |
|
1503.11(f)(2) |
Trip Generation Manual [9th Edition, 2012] |
Institute of Transportation Engineers 1627 Eye Street, NW, Suite 600 Washington, DC 20006 USA Telephone: 202-785-0060 Can be ordered for $325 (members) or $500 (non-members)
at http://ecommerce.ite.org/IMIS/ItemDetail?iProductCode=IR-016G |
|
|
|
U.S. Department of Agriculture, https://www.nrcs.usda.gov/wps/portal/nrcs/site/national/home/ |
|
1504.09(b) intro |
WinTR-20 [version 3.10] |
No cost to download from https://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/null/?cid=stelprdb1042793 |
|
1504.09(b) intro |
National Engineering Handbook, Part 630, Hydrology
Chapters [November 2015] |
No cost to download from https://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/?cid=stelprdb1043063 |
|
1504.11(b), (c) |
TR-55, Urban Hydrology for Small Watersheds |
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf |
|
1504.13(e) |
Field Book for Describing and Sampling Soils
[Version 3.0, September 2012] |
No cost to download from https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_052523.pdf Can be ordered from https://nrcspad.sc.egov.usda.gov/DistributionCenter/product.aspx?ProductID=991 |
|
1504.09(b)(1)a. |
Extreme Precipitation in a Changing Climate for New
York and the New England States [version 1.12] |
NRCS and Cornell University Northeast Regional
Climate Center Available at no cost at http://precip.eas.cornell.edu |
|
1504.09(b)(1)b. |
NOAA Atlas 14, Precipitation-Frequency Atlas of the
United States; Volume 10, Version 2.0 [2015] |
National Oceanic and Atmospheric Administration,
National Weather Service Available at no cost at http://www.nws.noaa.gov/oh/hdsc/PF_documents/Atlas14_Volume10.pdf or directly at http://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nh |
|
|
|
Society of Soil Scientists of Northern New England
(SSSNNE) P.O. Box 76 Durham, NH 03824 |
|
1504.09(b)(3) 1504.13(f) |
Special Publication No. 3,Version 7.0, Site-Specific
Soil Mapping Standards for New Hampshire and Vermont
July 2021. |
Available at no cost at: |
|
1504.09(b)(3)d. |
Special Publication No. 5, Ksat
Values for New Hampshire Soils, September 2009 |
Available at no cost at: https://sssnne.wordpress.com/sssnne-publications/ |
|
1504.14(c)(1) |
SSSNNE Special Publication
No. 5, Ksat Values for New Hampshire Soils
[September 2009] |
No cost to download from https://sssnne.files.wordpress.com/2013/03/ksatnh.pdf |
|
|
|
ASTM International Headquarters 100 Barr Harbor Drive PO Box C700 West Conshohocken, PA 19428-2959 |
|
1504.14(g)(1) |
ASTM D-5856, “Standard Test Method for Measurement
of Hydraulic Conductivity of Porous Material Using a Rigid-Wall,
Compaction-Mold Permeameter” [June
2015] |
Order at http://www.astm.org/Standards/D5856.htm PDF download available for $45.00 Hardcopy available for $45.00 + $6.40 S&H* *as of 06-01-17 |
|
1505.04(b) 1505.06(j) 1508.07(o)(1) |
Standard Specifications for Road and Bridge
Construction, Table 304-1 [2016] |
N.H. Department of Transportation John O. Morton Building PO Box 483 | 7 Hazen Drive Concord, NH 03302-0483 Available at no cost at http://www.nh.gov/dot/org/projectdevelopment/highwaydesign/specifications/documents/2016NHDOTSpecBookWeb.pdf |
|
|
|
University of N. H. Stormwater Center Gregg Hall 35 Colovos Road Durham, NH 03824-3534 |
|
1508.05 |
UNHSC Subsurface Gravel
Wetland Design Specifications [June 2016] |
Available at no cost at http://www.unh.edu/unhsc/sites/default/files/media/unhsc_gravel_wetland_spec_6-2016.pdf |
|
1508.07(n)(1) |
UNHSC Design
Specifications for Porous Asphalt Pavement and Infiltration Beds [February
2014, revised September 2016] |
Available at no cost at https://www.unh.edu/unhsc/sites/default/files/media/unhsc_pa_spec_-_feb-2014_-rev_9-16.pdf |
|
1508.07(o)(2) |
522.1-13, Specification for Pervious Concrete
Pavement [2013] |
American Concrete Institute 38800 Country Club Dr. Farmington Hills, MI
48331-3439 Phone: 1.248.848.3700 Fax: 1.248.848.3701 Purchase for $42.50 (non-members) or $26.00
(members) for: https://www.concrete.org/store/productdetail.aspx?ItemID=522113 |
Appendix C: Statutory
Definitions
RSA
485:1-a:
XV.
“Public water system” means a system for the provision to the public of piped
water for human consumption, if such system has at
least 15 service connections or regularly serves an average of at least 25
individuals daily at least 60 days out of the year. Such term includes (1) any
collection, treatment, storage, and distribution facilities under control of
the operator of such system and used primarily in connection with such system,
and (2) any collection or pretreatment storage facilities not under such
control which are used primarily in connection with such system. Any water
system which meets all of the following conditions is
not a public water system:
(a) Consists only of distribution and storage
facilities (and does not have any collection and treatment facilities);
(b) Obtains all of its
water from, but is not owned or operated by, a public water system; and
(c) Does not sell water to any person.
RSA
485-A:2:
IX.
“Person” means any municipality, governmental subdivision, public or private
corporation, individual, partnership, or other entity.
XIV.
“Surface waters of the state” means perennial and seasonal streams, lakes,
ponds, and tidal waters within the jurisdiction of the state, including all
streams, lakes, or ponds bordering on the state, marshes, water courses, and
other bodies of water, natural or artificial.
RSA 485-C:2:
XVIII.
“Wellhead protection area” means the surface and subsurface area surrounding a
water well or wellfield, supplying a public water system, through which
contaminants are reasonably likely to move toward and reach such water well or
wellfield.
Appendix
D: Other Statutory Provisions
RSA
485-A:17:
II. The
department shall charge a fee for each review of plans, including project
inspections, required under this section. The fee shall be based on the extent
of contiguous area to be disturbed. Except for RSA 483-B:9, the fee for plans
encompassing an area of at least 100,000 square feet but less than 200,000
square feet shall be $1,250. For the purposes of RSA 483-B:9, the fee for plans
encompassing an area of at least 50,000 square feet but less than 200,000
square feet shall be $1,250. An additional fee of $500 shall be assessed for
each additional area of up to 100,000 square feet to be disturbed. No permit
shall be issued by the department until the fee required by this paragraph is
paid. All fees required under this paragraph shall be paid when plans are
submitted for review and shall be deposited in the terrain alteration fund
established in paragraph II-a.
II-d. All permits issued, except for projects
covered by paragraph II-e, pursuant to this section shall be valid for a period
of 5 years. Requests for extensions of such permits may be made to the
department. The department shall grant an extension of up to 5 additional
years, provided the applicant demonstrates all of the
following:
(a) The permit for which extension is sought has
not expired prior to the date on which a written extension request from the
permittee is received by the department.
(b) The permit for which extension is sought has
not been revoked or suspended without reinstatement.
(c) Extension would not violate a condition of
statute or rule.
(d) Surface water quality will continue to be
protected as under the original permit.
(e) The project is proceeding towards completion
in accordance with plans and other documentation referenced by the permit.
(f) If applicable, any inspection reports have
been completed and submitted as required by the permit.
(g) The permit has not previously been extended, unless
the subdivision plat or site plan associated with the permit has been deemed
substantially complete by the governing municipal planning board in accordance
with RSA 674:39, II, in which case subsequent extensions of the permit are
allowed.
II-e. A permit issued under this section that is
associated with the ongoing excavation or mining of materials from the earth
shall not expire for the life of the project identified in the permit
application, provided that the permit holder submits a written update of the
project's status every 5 years from the date of the permit issuance using a
form obtained from the department as specified in department rules.
V. Trail construction operations for the
purposes of modifying existing biking and walking trails shall be exempt from
the provisions of this section. Such operations shall be considered in
compliance with this section and shall be issued a general permit by rule
provided such operations are implemented by a non-profit organization,
municipality, or government entity, are limited to a disturbed area no more
than 12 feet in width, and are in accordance with procedures prescribed in the
Best Management Practices for Erosion Control During Trail Maintenance and
Construction, published by the department of resources and economic
development, bureau of trails in 2004.
Appendix
E: Env-Dw 302.10
Env-Dw
302.10 Sanitary Protective Area.
(a) The sanitary protective area shall be a
circle, centered on the well, having a radius based on the permitted production
volume of the well as set forth in Table 302-1:
Table
302-1 Sanitary Protective Area Radii
|
Permitted Production Volume (gallons in a 24-hour
period) |
Radius (feet) |
|
less
than 14,400 |
150 |
|
14,401 to 28,800 |
175 |
|
28,801 to 57,599 |
200 |
|
57,600 to 86,400 |
250 |
|
86,401 to 115,200 |
300 |
|
115,201 to 144,000 |
350 |
|
greater than 144,000 |
400 |
(b)
When more than one well is within a sanitary protective area, the
individual sanitary protective area for each well shall be based on the
combined permitted production volume of all of the
wells, unless the applicant proves by clear and convincing evidence that the
wells are not hydraulically connected.
(c)
The department shall not approve a source unless the applicant owns the
land within the sanitary protective area, provided that if the applicant does
not own and cannot purchase the land, the applicant shall control the land by
perpetual easement, covenant, or similarly legally-binding means.
(d) If the well is approved, the sanitary
protective area shall be maintained in a natural state at all times except as
necessary for:
(1) Limited
land clearing and terrain alteration required for well access and construction
of a pump house or other structure(s) related to the well or water system; and
(2) Activities
necessary for the use and maintenance of the production wells that do not pose a contamination risk
to groundwater.
(e)
No person shall discharge to the sanitary protective area any drainage
from:
(1) Any area where fertilizer or pesticides, or
both, have been applied;
(2) Any roadway, parking lot, or other area on
which motor vehicles of any type travel or are parked;
or
(3) Any detention or retention pond, infiltration
ditch, drainage swale, or similar structure.
(f)
No underground utilities shall be installed in the sanitary protective
area except for drinking water supply and electrical or communications
conduits.
Appendix
F: Env-Dw
305.10
Env-Dw 305.10 Sanitary
Protective Area.
(a) The sanitary protective area shall be a
circle, centered on the well, having a radius based on the permitted production
volume of the well as set forth in Table 305-1:
Table 305-1: Sanitary Protective Area Radii
|
Permitted
Production Volume (gallons in a 24-hour period) |
Radius
(feet) |
|
less than 14,400 |
150 |
|
14,401 to 28,800 |
175 |
|
28,801 to less than 57,600 |
200 |
(b) When more than one well is within a sanitary
protective area, the individual sanitary protective area for each well shall be
based on the combined permitted production volume of all of
the wells, unless the applicant proves by clear and convincing evidence that
the wells are not hydraulically connected.
(c) The department shall not approve the source
unless the applicant owns the land within the sanitary protective area,
provided however, that if the applicant does not own the land, the applicant
shall control the land by perpetual easement, covenant, or similarly legally
binding means.
(d) If the well is approved, the sanitary
protective area shall be maintained in a natural state at all
times except for:
(1) Limited
land clearing and terrain alteration required for well access and construction
of a pump house or other structure(s) associated with the well or water system;
and
(2) Activities
necessary for the maintenance of the well that do not pose a contamination risk
to groundwater.
(e) No person shall discharge to the sanitary
protective area any drainage from:
(1) Any area
where fertilizer or pesticides, or both, have been applied;
(2) Any roadway, parking lot, or other area on
which motor vehicles of any type travel or are parked;
or
(3) Any detention
and retention pond, infiltration strip, drainage swale, or similar structure.
(f) No underground utilities shall be installed
in the sanitary protective area except for drinking water supply and electrical
or communications conduits associated with the well or water system.
Appendix
G: Env-Dw
406.12
Env-Dw 406.12 Sanitary
Protective Area and Permitted Production Volume for Groundwater Sources.
(a) To protect the long-term quality of each
public water system, a sanitary protective area shall be established around
each groundwater source and a permitted production volume shall be assigned to
the source based on the size of the sanitary protective area established. The sanitary protective area shall be a
circle with a specified radius, centered on the well.
(b) The permitted production volume shall not be
greater than the source capacity based on a 24 hour
period defined by the pumping test in accordance with Env-Dw 406.13 or
the well driller’s well completion report.
(c) The sanitary protective area, based on
the permitted production volume established by the system, shall be as
shown in Table 406-2 below.
Table 406-2: Sanitary Protective Area
|
Permitted Production Volume (gpd) |
Sanitary Protective Radius Length (ft.) |
|
0 - 750 |
75 |
|
751 - 1440 |
100 |
|
1441 - 4320 |
125 |
|
4321 - 14,400 |
150 |
|
14,401 - 28,800 |
175 |
|
28,801 - 57,600 |
200 |
|
57,601 - 86,400 |
250 |
|
86,401 - 115,200 |
300 |
|
115,201 - 144,000 |
350 |
|
Greater than 144,000 |
400 |
(d) When more than one well is inside another
well’s sanitary protective area, then the individual sanitary protective areas
for the wells shall be based on their combined permitted production volume
unless the
applicant demonstrates through hydrogeological means that these wells
are not interconnected.
(e) The following land uses shall be specifically
excluded from within the sanitary protective areas of non-community water
systems:
(1) Wastewater
disposal systems, including septic tanks, grease traps, and effluent disposal areas;
(2) Soil
fertilization areas;
(3) Nitrate
set-back areas;
(4) Dumpsters;
(5) Detention
ponds or infiltration basins;
(6) Storage
tanks for oil, gasoline, propane, or natural gas, or other hazardous chemicals;
and
(7) Any uses
associated with hazardous materials.
(f) Acceptable uses of the sanitary protective
area for non-community water systems shall include those uses listed below:
(1) Roadways,
with the exception of the required setback in Env-Dw 406.11(c);
(2) Parking
lots, with the exception of the required setback in Env-Dw 406.11(c);
(3) Tennis courts;
(4) Surface
water such as lakes, rivers, and streams;
(5) Permanently
protected or undevelopable land;
(6) Wastewater
piping which passes within the sanitary protective area only if:
a. The
type of pipe is ductile iron or approved equal pressure-type pipe that is
tested for water-tight construction after installation; and
b. All wastewater piping is located a minimum distance of the greater of 50 feet or a
distance equal to at least one-half the total amount of the well radius length
from the well;
(7) Pumphouse
and permanent buildings; and
(8) Other
compatible uses proposed in writing to the department by the water system owner if the submittal
demonstrates that:
a. The type(s) and volume(s) of contaminant(s)
associated with the activity, when subject to any best management practices proposed by
the owner, will not pose a threat to water quality;
b. The owner
has a contaminant mitigation plan that will prevent the contaminant(s) from rendering
the water unfit for use by the water system; and
c. The
overall risk of groundwater contamination is outweighed by the benefit expected
from the activity.
(g) The NTNC water system’s potential for future
waivers from a portion of its chemical monitoring requirements shall be
diminished by the location of buildings, roadways, parking lots, and other such
construction within the well’s protective radius.
(h) For non-community water systems, the water system owner
shall control the sanitary protective area.
The water system owner shall, where possible, locate the well and
sanitary protective area entirely on the property owned by the water
system. Once established, the sanitary
protective area shall not be subdivided.
Where the sanitary protective area cannot be located fully on the
property owned by the water system, written legal easements from abutters shall be
obtained. Such easements shall
specifically exclude the uses described in (e), above, from the area within the
sanitary protective area.
Appendix
H: Env-Wq 1008.06, Table 1008-4
Table 1008-4: Protected
Well Radii for Shallow or Dug Wells or Drilled Bedrock Wells
|
Daily Sewage Flow (GPD) |
Radius (ft.) |
|
0-750 |
75 |
|
751-1440 |
100 |
|
1441-4320 |
125 |
|
4321-14,400 |
150 |
|
14,401-28,800 |
175 |
|
28,801-57,600 |
200 |
|
57,601-86,400 |
250 |
|
86,401-115,200 |
300 |
|
115,201-144,000 |
350 |
|
greater than 144,001 |
400 |