14472CHAPTER 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 replaced all prior filings for rules in former Env-Wq
1500.
The new rules adopted by Document #12342 include the
following definitions in Part 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
REVISION NOTE #4:
Document
#13758, effective 9-28-23, adopted, repealed, readopted with amendment, or
readopted with amendment and renumbered various rules in Chapter Env-Wq 1500. The adoptions and repeals necessitated the
renumbering of other existing rules in Chapter Env-Wq
1500 that were not in Document #13758.
The former rule numbers for the renumbered rules are indicated in the
source notes.
The new
rules adopted by Document #13758 included the following definitions in Part
Env-Wq 1502:
Env-Wq 1502.53
“Redevelopment”
Env-Wq 1502.85 “Wildlife
food plot”
The
following substantive rules were adopted in Chapter Env-Wq
1500 by Document #13758:
Env-Wq 1508.06 Bioretention
System with Internal Storage Reservoir.
Env-Wq 1511 ADDITIONAL
REQUIREMENTS FOR SOLAR ARRAYS
Document
#13758 repealed Env-Wq 1502.47 defining “personal
agricultural activities” and the substantive rule Env-Wq
1504.15 titled “Calculation of Percent Effective Impervious Cover (% EIC) and
Percent Undisturbed Cover (% UDC).”
There have been no filings which affected the repealed rules since
Document #12342, effective 8-15-17, as outlined in Revision Note #3.
PART Env-Wq
1501 PURPOSE AND APPLICABILITY
Env-Wq 1501.01 Purpose. The purpose of this chapter 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1501.02 Applicability. This chapter 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:
(a) Dredging, excavating, placing fill, mining,
transporting forest products, or undertaking construction in or on the borders
of surface waters of the state; or
(b) Significantly altering the characteristics of
the terrain in such a manner as to impede the natural runoff or create an
unnatural runoff.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1501.03 Calculation
of Time.
(a) Subject to (b), below, if any deadline or
time period established in this chapter 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. #9817-A, eff
12-1-10; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.02 “Agent”
means a person who has been duly authorized in writing by an applicant or
permit holder, as applicable, to:
(a) Take any action this chapter requires the
applicant or permit holder, as applicable, to take; and
(b) Interact with the department regarding the
application or project, as applicable.
Source. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.05)
Env-Wq 1502.03 “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. #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq
1502.02)
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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.05
“Bioretention system” means a shallow vegetated depression that retains
stormwater for treatment by flowing through a filtering media.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.05); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.07)
Env-Wq 1502.06 “Borrow
area” means an area where earth material is removed to be used in other areas
for construction purposes.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.06); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.08)
Env-Wq 1502.07 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.07); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.09)
Env-Wq 1502.08
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.08); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.10)
Env-Wq 1502.09 “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. #9343, eff 1-1-09; ss by #12342, eff 8-15-17
(formerly Env-Wq 1502.09); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36 (formerly Env-Wq 1502.11)
Env-Wq 1502.10
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.10); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.12)
Env-Wq 1502.11 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.11); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.13)
Env-Wq 1502.12
“Department” means the department of environmental services.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.12); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.14)
Env-Wq 1502.13
“Detention basin” means a structure designed to hold stormwater.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.13); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.15)
Env-Wq 1502.14
“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, and 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.14); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.16)
Env-Wq 1502.15 “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 wetland wider, deeper, or cleaner by the
removal of sand, silt, mud, rock, or other such material.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.14); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.17)
Env-Wq 1502.16 “Earth
material” means sand, silt, soil, mud, gravel, rock, or other such
naturally-occurring material.
Source. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.18)
Env-Wq 1502.17 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.16); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.19)
Env-Wq 1502.18
“Excavate” means to remove earth material from any land area.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.18); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.21)
Env-Wq 1502.19
“Excavation or mining of earth materials project” means a project
undertaken for the primary purpose of removing earth materials from the
ground.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.20 “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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.22)
Env-Wq 1502.21 “Fill” as a noun
means any earth material or other material that has been deposited or caused to
be deposited by human activity.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.19); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.23)
Env-Wq 1502.22
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.20); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.24)
Env-Wq 1502.23 “Forest
buffer” means a wooded area of land with a canopy cover and an undisturbed
layer of vegetation covering the natural land surface.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.21); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.25)
Env-Wq 1502.24 “General
permit by rule” means authorization to undertake alteration of terrain
activities as specified in Env-Wq 1503.03.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.22); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.26)
Env-Wq 1502.25 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.23); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.27)
Env-Wq 1502.26
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.24); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.28)
Env-Wq 1502.27
“Groundwater recharge volume (GRV)” means the annual volume of water to be
infiltrated at a site subsequent to development.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.25); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.29)
Env-Wq 1502.28
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.26); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.30)
Env-Wq 1502.29
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.27); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.31)
Env-Wq 1502.30 “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 96 or
greater, pavement, roofs, roadways, and driveways.
Source. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.28); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
(formerly Env-Wq 1502.32)
Env-Wq 1502.31 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.29); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.33)
Env-Wq 1502.32 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.30); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.34)
Env-Wq 1502.33 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.31); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.35)
Env-Wq 1502.34
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.32); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.36)
Env-Wq 1502.35
“In-ground basin” means a basin that is in the ground but open to the
atmosphere.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.33); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.37)
Env-Wq 1502.36 “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. #9343, eff 1-1-09; ss by #12342, eff 8-15-17
(formerly Env-Wq 1502.34); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36 (formerly Env-Wq 1502.38)
Env-Wq 1502.37 “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 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:4, XV,
less than 100,000 square feet; or
(2) For
properties within the protected shoreland as defined in RSA 483-B:4, XV, less
than 50,000 square feet.
Source. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.35); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
(formerly Env-Wq 1502.39)
Env-Wq 1502.38 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.36); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.40)
Env-Wq
1502.39 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.37); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.41)
Env-Wq 1502.40
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.38); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.42)
Env-Wq 1502.41
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.39); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.43)
Env-Wq 1502.42 “Normal
agricultural operations” as used in RSA 485-A:17 and this chapter:
(a) Means those activities that:
(1) Are
customary to, and necessary to sustain, an agricultural operation as described
in RSA 21:34-a, II;
(2) Are not
part of a larger plan of development for a purpose other than agriculture in
whole or in part; and
(3) Would not
convert more than 20,000 square feet from pervious to impervious cover; and
(b) Does not include the conversion of land to an
agricultural use when it was not previously in agricultural use.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.40); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36 (formerly Env-Wq 1502.44)
Env-Wq 1502.43 “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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.45)
Env-Wq 1502.44 “Permit”,
unless specified otherwise, means a standard alteration of terrain permit or an
alteration of terrain permit by notification.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.45 “Permit by
notification” means a permit issued in accordance with Env-Wq
1512.05(f).
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.46 “Person”
means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix C.
Source. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.47
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.41); ss by #13758, eff 9-28-23 (formerly Env-Wq
1502.48); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.48 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.42) renumbered by #13758 (formerly Env-Wq 1502.49); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
Env-Wq 1502.49 “Public
water supply well” means an active well used as a source by a public water
system.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.43) renumbered by #13758 (formerly Env-Wq
1502.50); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.50 “Public
water system” means “public water system” as defined in RSA 485:1-a, XV, as
reprinted in Appendix C.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.44) renumbered by #13758 (formerly Env-Wq
1502.51); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.51
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.45) renumbered by #13758 (formerly Env-Wq
1502.52); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.52
“Receiving waters” means a river, stream, lake, pond, wetland, or any
other surface water into which runoff is discharged.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.46) renumbered by #13758 (formerly Env-Wq); ss
by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.53
“Redevelopment” means to undertake construction on property where
development activities occurred more than 10 years prior to the proposed
development activities and where the area of existing impervious cover is 60%
or greater of the area of the property, including any abutting properties under the control of
the property owner.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.54
“Regulated substance” means “regulated substance” as defined in Env-Wq 401.03(h).
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.47); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.55 “Runoff” means any
water on or flowing on or across the land surface.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.48); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.49); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.50); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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.
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;
(b) Earth moving activities that result in a
temporary or permanent disturbance of an area that, over a 10 year period,
cumulatively exceeds 100,000 square feet of area or cumulatively exceeds 50,000
square feet of area, as calculated in accordance with Env-Wq
1503.12, if any portion of the disturbance is within the protected shoreland as
defined in RSA 483-B:4; or
(c) Earth moving activities within the protected
shoreland, except those activities associated with public utility lines and
associated structures and facilities, public roads, and public water access
facilities, that result in a temporary or permanent disturbance of an area
that:
(1) Is more
than 2,500 square feet in size;
(2) Any portion
is within 50 feet of the reference line, as defined in RSA 483-B:4, XVII;
(3) Is sloped
such that runoff is in the direction of the surface water; and
(4) Has an
existing average grade of 25% or greater over a distance of 50 feet measured in
an upgradient direction from a starting point anywhere within 50 feet of the
reference line and the area of disturbance.
Source. #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); ss
by #13758, eff 9-28-23; ss by #14079, eff 9-24-24, EXPIRES: 9-24-34; ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.52); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.60 “Slope” means the
incline of a land area expressed as the ratio of horizontal distance to vertical
distance.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.53); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.54); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.62 “Standard alteration of
terrain permit” means authorization to undertake alteration of terrain
activities as specified in Env-Wq 1503.02 that is not
a general permit by rule, a timber harvesting permit by rule, or a permit by
notification.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.63
“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. #9343, eff 1-1-09; ss by #12342, eff 8-15-17
(formerly Env-Wq 1502.55); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36 (formerly Env-Wq 1502.62)
Env-Wq 1502.64
“Stormwater management system” means the totality of stormwater
treatment practices, stormwater conveyances, and groundwater recharge
practices.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.56); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.63)
Env-Wq 1502.65
“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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.57); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.64)
Env-Wq 1502.66 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.58); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.65)
Env-Wq 1502.67 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.59); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.66)
Env-Wq 1502.68 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.73); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.67)
Env-Wq 1502.69 “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 does
not include the following legally constructed artificial waters:
(a) Bodies of water designed and constructed in
uplands in order to manage stormwater runoff; and
(b) Bodies of water that are exempt from
permitting pursuant to RSA 482-A:3, IV(b).
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.60); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36 (formerly Env-Wq 1502.68)
Env-Wq 1502.70 “Temporary diversion practice” means a method
that directs stormwater runoff away from disturbed, unstabilized
land surfaces, such as a trench or channel.
Source. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.69)
Env-Wq 1502.71 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.61); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.70)
Env-Wq 1502.72 “Timber harvesting
permit by rule” means authorization to undertake timber harvesting operations
as specified in Env-Wq 1503.04.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.62); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.71)
Env-Wq 1502.73 “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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.63); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.72)
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.65); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.66); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.76
“Underground filter” means a filtering practice that treats stormwater
as it flows through underground settling chambers and filter media.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.67); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.77
“Undisturbed cover” means a natural land surface whose permeability has
not been altered by human activity.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.68); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.69); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff 1-1-09; ss by #12342, eff 8-15-17
(formerly Env-Wq 1502.70); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
Env-Wq 1502.80 “Water
quality depth” means the depth associated with the water quality volume.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.71); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.81 “Water
quality flow (WQF)” means the peak flow rate associated with the water quality
volume.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.72); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.74); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.75); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1502.76); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1502.85 “Wildlife
food plot” means a planting of annual or perennial vegetation, including but not limited
to grain, grass, legumes, and other flowering plants, managed as a
supplementary food source for wildlife on rural land.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
PART
Env-Wq 1503
PERMIT REQUIREMENTS
Env-Wq 1503.01 Applicability. The rules in this part relative to
application submittal and review shall apply to permit applications and
amendment requests, as applicable.
Source. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758,
eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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, a permit by notification, or a standard alteration of terrain (AOT)
permit obtained in accordance with this chapter.
(b) No permit under this chapter shall be
required for normal agricultural operations as defined in Env-Wq 1502.42. 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(c), 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(c).
(d) A disturbance shall be considered an
unpermitted disturbance if it is not a normal agricultural operation as defined
in Env-Wq 1502.42 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. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758,
eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 DNCR-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 is limited to changing the land
use to an agricultural use or a wildlife food plot, that meets the following
conditions:
(1) The work is
not part of a larger plan of development for a purpose other than agriculture
or a wildlife food plot in whole or in part;
(2) The work
will not alter the terrain except as necessary for the removal of vegetation,
roots, or stumps, or for temporary impacts associated with activities described
in (6), below;
(3) 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;
(4) The
existing land slope of the proposed disturbed area is less than or equal to
8%. This is calculated using the formula
Y = 100CI/A, where:
a. Y = average slope (percent);
b. C = Total length of all contour lines,
including any closed contours, within the proposed area of disturbance;
c. I = Contour interval (feet); and
d. A = Proposed area of disturbance (squared
feet);
(5) A minimum
50-foot buffer of unaltered, natural vegetation is maintained from the areas of
disturbance to surface waters of the state; and
(6) The
activities:
a. Would not convert more than 10,000 square
feet from pervious to impervious cover; or
b. Are part of a farm conversion plan that has
been approved by NRCS, in which case not more than 20,000 square feet may be
converted from pervious to impervious cover;
(f) The project does not qualify under (a)
through (e), above, but meets all of the following conditions:
(1) The 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 in (1), above;
(3) The work
will not significantly alter the characteristics of the terrain as defined in
Env-Wq 1502.58(c);
(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;
(g) 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;
(h) 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 (f)(1) or (3), above;
(i) The work is
limited to transporting forest products as defined in Env-Wq
1502.74; or
(j) 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. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758,
eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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, 2016, published by the former
New Hampshire department of resources and economic development, available as
noted in Appendix B;
(c) A permit has been issued or a forestry
statutory permit by notification has been confirmed by the department pursuant
to RSA 482-A:3 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 form as specified in Env-Wq 1503.06,
signed as specified in Env-Wq 1503.10;
(2) The plans
and other information specified in Env-Wq 1503.07 and
Env-Wq 1503.09, as applicable;
(3) If the
applicant has authorized another to act as the applicant’s agent, a copy of the
written authorization;
(4) 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
(5) The fee
required by RSA 485-A:17, II(a).
(d) The applicant shall obtain an application
form:
(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 in (c)(1) and (2), 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
a river corridor of a designated river as defined in RSA 483, the applicant
shall send a copy of the application as described in (c)(1) and (2), above, to
the appropriate local river advisory committee as follows:
(1) If the
applicant is applying for a standard AOT permit, any time prior to filing the
application with the department; and
(2) Subject to
(g), below, if the applicant is applying for a permit by notification, at least
40 days prior to filing the application with the department.
(g) An applicant for a permit by notification may
submit their application before the 40 days in (f)(2), above, has ended if the
applicant has:
(1) Received
comments from the local river advisory committee and provided a response letter
to the local river advisory committee on how the comments were addressed; or
(2) Received
written documentation from the local river advisory committee that it supports
the application and submits the documentation with their application.
(h) 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 a river corridor of a designated river
as defined by RSA 483, to the rivers coordinator as required by RSA 483:12-a.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.06 AOT Permit Application Form. The applicant shall complete and
submit an “Alteration of Terrain Permit Application” form, NHDES-W-01-003, dated January 2026, available at https://onlineforms.nh.gov?formtag=nhdes-w-01-003.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14351,
INTERIM, eff 8-26-25; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly
Env-Wq 1503.07)
Env-Wq 1503.07 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 map from http://websoilsurvey.nrcs.usda.gov
identifying hydrologic soil group with the project watershed delineated; 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 department providing information on recorded occurrences
of threatened and endangered wildlife species;
(c) Photographs with a description of what each
photograph is showing, referenced to the project plans, including but not
limited to photographs:
(1)
Representing the existing conditions of the site;
(2) Showing
existing features included in the drainage analysis, such as streams, drainage
swales, culvert inlets and outlets, stormwater control measures, and other
unique drainage-related features; and
(3) Of the
locations where runoff from the site exits, such as streams, ponds, drainage
swales, outlet aprons, and other discharge points;
(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) 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 stormwater management 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 and any system that is modeled with infiltration
in the stormwater management report;
(f) 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 with, if applicable, any long term maintenance
agreements;
(g) For
excavation or mining of earth materials projects, a description of the
subsurface conditions to the planned depth of excavation, including the
elevation of the location of the seasonal high water table (SHWT), as observed
and described by a certified soil scientist, or an individual holding a valid
permit as a permitted designer as issued by the department’s subsurface systems
bureau;
(h) For projects within the protected shoreland
as defined in RSA 483-B:4, XV, the reference line, the primary building line
located 50 feet from the reference line, and any local setbacks 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;
(i) For projects that involve infiltration of
stormwater via subsurface leaching or distribution structures, a completed
“Registration And Notification Form For Stormwater Infiltration To Groundwater”
if required under Env-Wq 402.33(a)(1) or (c) or under
Env-Wq 404 relative to underground injection control,
as available at https://onlineforms.nh.gov/Home/0076e106-00d1-4569-a069-24c960616a97;
(j) If the project is within the 100-year
floodplain, supplementary information as specified in Env-Wq
1503.09;
(k) If the project is for infrastructure that is
within the coastal and great bay region, an attestation that the design
addresses projected storm surge, sea-level rise, and precipitation events
identified in the “New Hampshire Coastal Flood Risk Summary, Part 1: Science”,
August 2019, and “New Hampshire Coastal Flood Risk Summary, Part II: Guidance
for Using Scientific Projections”, March 2020, available as noted in Appendix
B;
(l) 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;
(m) For projects requiring an ecological review
in accordance with Env-Wq 1503.08(a), the following
shall be submitted:
(1) If the
applicant is applying for a standard AOT permit, documentation showing that an
ecological review pursuant to Env-C 800 has been requested and a copy of all
relevant correspondence with the ecological review section of the department
from the date of the DataCheck request results
letter, to the date that the AOT permit application is filed;
(2) If the
applicant is applying for a permit by notification, documentation showing that
the applicant has incorporated into the project design all final conservation
measures recommended by the department to assure the project does not
appreciably jeopardize the continued existence of threatened and endangered
species as defined in Fis 1002.04;
(n) Groundwater recharge volume calculations in
accordance with Env-Wq 1504.12;
(o) Completed best management practice worksheets
for each proposed stormwater treatment practice, as available at https://onlineforms.nh.gov?formtag=nhdes-w-01-004;
(p) Design calculations for riprap aprons or
other energy dissipation methods at stormwater control outlet locations;
(q) If applicable, a report to accompany the
hydrologic soil group plans, prepared 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
(r) If any portion of the project is located
within a river corridor of a designated river as defined by RSA 483, the
applicant shall submit all communication received by the local river advisory
committee regarding the project and the applicant’s response, if one was
provided.
Source. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13317,
eff 12-22-21; ss by #13758, eff 9-28-23; ss by #14351, INTERIM, eff 8-26-25; ss
by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq
1503.08)
Env-Wq
1503.08 Ecological Review for Protected
Species.
(a) Whenever a DataCheck
request results letter indicates documented occurrences of any protected
wildlife species, the applicant shall request an ecological review from the
department pursuant to Env-C 800 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 the ecological review section of the department for
a determination as to whether an ecological review pursuant to Env-C 800 is
required.
(c) If an ecological review is required pursuant
to (b), above, the applicant shall request an ecological review pursuant to
Env-C 800 to assure that the project does not appreciably jeopardize the
continued existence of threatened and endangered species as defined in Fis
1002.04.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.09 Requirements
for Projects with Placement of Fill Within the 100-year Floodplain. For all
projects with proposed placement of fill within the 100-year floodplain, the
applicant shall provide the following with the application:
(a) The following information on the grading
plans:
(1) The
100-year floodplain boundary, determined using one of the following methods:
a. 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;
b. In Zone A,
along riverine flooding sources, where FEMA has mapped the floodplain by
approximate methods, a study to determine the 100-year floodplain shall be
performed in accordance with (c) below; or
c. In Zone A,
along lacustrine flooding sources, where FEMA has mapped the floodplain by
approximate methods, a study to determine the 100-year floodplain shall be
performed in accordance with FEMA-265: Managing Floodplain Development in
Approximate Zone A Areas, 1995, available as noted in Appendix B.
(2)
Compensatory storage locations and volumes necessary to meet all of the
following criteria:
a. Located at
equal or lower elevations than the fill being placed;
b. Located on
the same site;
c.
Hydraulically connected to the floodplain; and
d. Within the
100-year floodplain, the total volume of the fill that is proposed to be placed
is no greater than the total volume of material that will be removed.
(b) A supplementary report that includes the
following:
(1) 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;
(2) The
supporting information used to determine the 100-year floodplain elevations, in
accordance with (a)(1), above;
(3) The
supporting information used to determine the compensatory storage, in
accordance with (a)(2), above; and
(4) For any
project where the total fill volume is greater than 0.5 acre-feet or where a
bridge or culvert crossing is proposed, the following:
a. The size of
the river’s watershed above the project’s furthest downstream boundary;
b. Photographs
of the right and left stream banks; and
c. Supporting
information used to analyze the impacts of the placement of fill in the
floodplain, in accordance with (c), below.
(c) Subject to (d), below, a HEC-RAS analysis and
cHECK-RAS analysis check, stamped by a qualified
engineer, that includes cross-sections and profiles for the pre- and
post-development conditions, completed according to the following:
(1) 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:
a. At least 2
cross-sections are surveyed at the project site in those areas where floodplain
encroachment are greatest;
b. At least 2
cross-sections are surveyed upstream of the proposed floodplain fill area with
one being located at the upstream property line; and
c. At least 2
cross-sections are surveyed downstream of the proposed floodplain fill area
with one being located at the downstream property line;
(2) For
projects involving bridges or culverts, or both, a minimum of 6 cross-sections
shall be required as follows:
a. At least 3
cross-sections shall be surveyed above each proposed bridge or culvert; and
b. At least 3
cross-sections shall be surveyed below each proposed bridge or culvert; and
(3) The GPS
coordinates of the beginning and end points of each of the cross-sections
required by (1) and (2), 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;
(4) Flood
discharges shall be estimated using the first available method listed below:
a. FEMA Flood
Insurance Studies (FIS) covering the proposed project site;
b. Stream gauge
data collected by the USGS; or
c. USGS
National Flood Frequency (NFF) program for the state of New Hampshire; and
(5) A cHECK-RAS analysis to verify the parameters used in the
HEC-RAS hydraulic model;
(d) 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.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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
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 the submission of false, incomplete, or misleading information
constitutes grounds for the department to:
a. Deny
the application;
b.
Revoke any permit that is granted based on the information;
c. If
the signer is a professional engineer, refer the matter to the board of
professional engineers established by RSA 310-A:3; or
d.
Undertake any combination of a. through c., above.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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) For excavation or mining of earth materials
projects, the applicant shall submit an excavation, grading, and reclamation
plan, as specified in Env-Wq 1504.03.
(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(c).
(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 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 Manual”, published by Institute of Transportation
Engineers, Washington, D.C., 12th Edition, 2025, available as noted in Appendix
B.
(g) For any project that includes privately owned
roads or parking lots that might result in a discharge of stormwater to a
surface water of the state impaired for chloride, the applicant shall:
(1) Submit a
chloride management plan to minimize the discharge of chloride to the surface
water of the state; and
(2) Implement
the plan if a permit is issued for the project.
(h) For any project for which more than 5,000
cubic yards of blast rock will be generated and there are one or more public or
private drinking water supply wells within 2,000 feet of the blasting
activities, the applicant shall submit a groundwater monitoring plan to monitor
for contamination in nearby water supply wells.
Source. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
Env-Wq 1503.12 Measurement
of 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 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.
(1) The project is a single family or duplex
residential subdivision;
(2) Excluding partial or full lot development
that is shown on the plans and included in the calculation required by (a),
above, no land disturbance on any individual lot will occur until after all
other construction activities that receive stormwater from that lot, including
drainage infrastructure, have been completed and stabilized; and
(3) No earth moving activities for the purposes
of lot development will occur across lot lines at any time during lot
development.
(c) For any excavation or mining of earth
materials 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 area disturbed; and
(3) Shown on
the plans submitted for the project.
(d) Subject to (b) and (c), above, the amount of
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.
(f) For solar array projects, the amount of area
disturbed shall be calculated as the area enclosed by a polygon connecting the outer
edges of the entire solar array plus any area of disturbance outside the solar
array that meets (a) through (e), above.
Source. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342,
eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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
assign the application a file number and 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; and
(2) The
deadline for submitting the missing components, established based on the type
and volume of the missing component(s).
(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), above.
(h) If the applicant does not provide the missing
information within 14 days of receiving notice per (c) or (f), above, the
department shall return the fee to the applicant if it was provided.
(i) If the applicant requests
withdrawal of the application, the department shall discontinue review and
issue no determination. To proceed with the project, the applicant must submit
a new, complete application along with the applicable fee.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.14 Requests
for Additional Information.
(a) If the department determines that the
application for a standard alteration of terrain permit 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.15 Response
to Notice of Missing Information or Request for Additional Information. In responding 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;
(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;
(e) Provide PDF files with text that is searchable through optical
character recognition (OCR):
(1) A copy of all project documents modified in
response to any request for additional information in accordance with (b),
above, as a separate document(s) from that submitted pursuant to (2), below;
and
(2) A copy of the complete application pursuant to
Env-Wq 1503.05(c), with all application documents
current to reflect any modifications from the original application; and
(f) At the request of the department, provide a paper copy of all
project documents modified in response to a request for additional information.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by
#13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 deny
the application.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.17 Failure to Provide Information. Any
applicant who fails to provide the information described in a request for
additional information pursuant to Env-Wq 1503.14
shall have their application denied pursuant to Env-Wq
1503.20.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.18 Notice of Opportunity to Comment on AOT
Standard Permit Application.
(a) The notice sent pursuant to Env-Wq 1503.05(h) 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.
(b) The department shall not act on an
application for an AOT permit sooner than deadline specified in the notice sent
pursuant to (a), 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.19 Criteria for
Issuance of AOT Permits. The
department shall not issue an AOT standard 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) Pursuant to RSA 485-A:17, II-b(g), there are
no pending enforcement actions under RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA
485-A:29-44 or of any rule adopted or permit or approval issued pursuant to RSA
482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 on the property for which
the project is proposed;
(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 an ecological
review pursuant to Env-Wq 1503.08, the applicant has
incorporated into the project design all final conservation measures
recommended by the ecological review section of the department 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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342,
eff 8-15-17; amd by #12949, EMERGENCY RULE, eff
12-20-19; ss by #13045, eff 6-2-20; ss by #13317, eff 12-22-21; ss by #14472,
eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.20 Issuance
or Denial of a Standard AOT Permit.
(a) The department shall deny the application for
a standard AOT permit if:
(1) The
applicant does not submit the additional information requested pursuant to Env-Wq 1503.14 before the deadline in the notice or any new
deadline established as the result of an approved extension request; or
(2) 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 a
standard AOT permit to the applicant.
(c) The approved plans and stormwater management
report and documentation contained in the permit application file shall be
considered part of the issued AOT permit.
(d) The issued standard AOT permit shall include
project-specific conditions as necessary to ensure compliance with the
requirements of:
(1) RSA 482-A
and Env-Wt 100 through Env-Wt
900 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) 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.
(f) Prior to commencing any work under the
permit, the permit holder shall submit to the department copies of the recorded
documentation for all drainage easements or deed restrictions as required by
Env-Wq 1504.07.
Source. #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by
#13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.21 Permit
Expiration.
(a) As specified in RSA 485-A:17, II-d, any
standard permit or permit by notification 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, unless the permit is amended to
extend the permit duration pursuant to Env-Wq
1503.27.
(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.
(c) A permit for the ongoing excavation or mining
of earth materials shall not expire for the life of the project identified in
the permit, provided that the permit holder submits the required updates
pursuant to Env-Wq 1503.28.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.22 Deviations from the Approved Plans.
(a) A permit holder shall construct a project in
strict accordance with the approved plan, except as allowed in this section.
(b) Insignificant deviation(s) from the approved
plan shall meet the following:
(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;
and
(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.
(c) Minor deviation(s) from the approved plan
shall meet the following:
(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 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) Any change from an approved plan that does
not qualify as an insignificant deviation in (b), above, or a minor deviation
in (c), above, shall constitute a significant deviation.
(e) Changes that qualify as insignificant
deviations shall not require a permit amendment or new permit but shall be
identified upon the completion of construction in accordance with Env-Wq 1503.23(b).
(f) The permit holder shall obtain an amended
permit, pursuant to Env-Wq 1503.24, prior to making
any minor deviations from the approved plans.
(g) The permit holder shall obtain a new permit
prior to making any significant deviations from the approved plans.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.23 Notification;
Certifications.
(a) The permit holder or permit holder’s agent
shall notify the department in writing prior to commencing any work under the
permit.
(b) Upon completion of construction, the permit
holder or permit holder’s agent 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 the
project was constructed in accordance with the approved plans;
(2) The date
the project was completed;
(3) If
insignificant deviations from the approved plans were made, submit 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
(4) 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 the engineer’s professional opinion, the system
conforms to the approved plans and specifications.
Source. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #14472,
eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq
1503.21)
Env-Wq 1503.24 Permit
Amendments.
(a) Permit holders may request to amend a permit
to:
(1) Modify the
approved project;
(2) Transfer
the permit to another permit holder; and
(3) Request to
extend the permit duration.
(b) To apply for an amended permit, the person
requesting the amendment shall complete and submit an “Alteration of Terrain
Permit Amendment Request” form, NHDES-W-01-001, dated January 2026, available
at https://onlineforms.nh.gov?formtag=nhdes-w-01-001,
in addition to any information required per Env-Wq
1503.25, Env-Wq 1503.26, or Env-Wq
1503.27.
(c) If the request to amend the permit is
approved, the department shall amend the permit as requested and send a copy of
the amended permit to the permit holder, the municipality the project is
located in, and the LAC, if applicable.
(d) The amendment of a permit shall not subject
any provision of the original permit that was not amended to a new appeal
period.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.25 Permit
Amendment to Modify the Approved Project.
(a) If the amendment request is to modify the
approved project, the applicant shall provide the following information in
addition to the form in Env-Wq 1503.24(b):
(1) Send a copy
of the complete application for amended permit to each municipality in which
the project is proposed;
(2) If any
portion of a project is located within a river corridor of a designated river
as defined in 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;
(3) Submit
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 (2), above, to 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) If the
revised area of disturbance is outside the area allowed to be disturbed under
the original permit, submit a DataCheck request
results letter, dated no later than one year from the date the amendment
request form is submitted, from the department providing information on
recorded occurrences of threatened or endangered species;
(5) Submit
revised plans with the changes highlighted;
(6) Submit
revised calculations, if applicable; and
(7) Pay the fee
required by RSA 485-A:17, II(b).
(b) The amendment request shall be approved if:
(1) All
required information is submitted;
(2) The
modifications do not rise to the level of significant deviation pursuant to
Env-Wq 1503.22(d); and
(3) The project
as modified would have been approved originally.
(c) If the department determines that proposed
amendments qualify as significant deviations to the approved plans per Env-Wq 1503.22(d), the department shall deny the request for an
amended permit and the permit holder shall submit a new application if the
permit holder wants to proceed with the project as modified.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.26 Permit
Amendment to Transfer the Permit to Another Permit Holder.
(a) If the amendment request is to transfer an
existing permit to a new permit holder, the applicant shall submit proof that
the new permit holder will have a legal right to undertake the project on the
property in addition to the form in Env-Wq
1503.24(b).
(b) By signing the form required by Env-Wq 1503.24(b), in addition to the certifications in Env-Wq 1503.10:
(1) The
transferee certifies that:
a. They have
received a copy of the permit and all approved plans and specifications; and
b. They agree
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(s); and
(2) The
transferor certifies that:
a. They have
provided a copy of the permit and all approved plans and specifications to the
transferee; and
b. They are
relinquishing all rights to the permit as originally issued.
(c) The amendment request shall be approved if
the request is complete.
Source. #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.27 Permit
Amendment to Extend the Permit Duration.
(a) If the amendment is to extend the permit
duration by amending the expiration date, the applicant shall provide the
following information in addition to the form in Env-Wq
1503.24(b):
(1) 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.
(2) If any work
on the property has been done, submit 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.
(b) The department shall approve the amendment
request if the department determines that:
(1) Allowing
extension of the permit will not result in approval of plans that violate any
statute or rule, including any stricter requirements that were enacted or
adopted subsequent to the initial issuance of the permit;
(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) The permit
has not been suspended or revoked;
(5) None of the
grounds for refusal to renew a license as specified in Env-C 209.03 apply;
(6) If
applicable, an inspection report has been completed and submitted as required
by (a)(2), above; and
(7) The permit
has not previously been extended.
(c) Pursuant to RSA 485-A:17, II-d(g), a
previously-extended permit shall only be approved for an additional extension
if the criteria in (b)(1) through (5) have been met and the permit holder
provides proof that 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.
(d) If the amendment request is approved, 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.
(e) If a request for amendment is to extend the
permit duration is not filed in a timely manner or is denied by the department,
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.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1503.28 Duration
of Permits for Excavation or Mining of Earth Materials Projects; Required Updates.
(a) As specified in RSA 485-A:17, II-e, a permit
for an excavation or mining of earth materials 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.
(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; and
(7) A schedule
for reclamation of any area(s) that have not been reclaimed and have not been
active in the last 24 months.
(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 provided pursuant to (c)(7), 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. #9343, eff
1-1-09; 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; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; renumbered by #9817-A (formerly Env-Wq
1503.24); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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 Ec-Wtr
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 Ec-Wtr 200.
Source. #9343, eff
1-1-09; renumbered by #9817-A (formerly Env-Wq
1503.25); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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. #9343, eff
1-1-09; renumbered by #9817-A (formerly Env-Wq
1503.26); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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 or a
key plan is provided showing overall sheet layout. Adjacent sheets shall 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 of the state 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(e), the
plans shall include a statement from a CWS that the CWS has investigated the
property and no water features were found.
(e) Detailed development plans described in Env-Wq 1504.05, and any other 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) Stormwater management 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.
(g) 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.
(h) The construction sequence and phasing plan
showing compliance with Env-Wq 1505.03(d), relative
to maximum open area, if applicable, shall be noted on the plans so as to
clearly inform the contractor of the construction sequence and any limitations
contained therein.
(i) Information to
show compliance with Env-Wq 1506.12 relative to
temporary stormwater diversion shall be noted on the plans.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.02 Land
Conversion Erosion and Sediment Control Plans. Land conversion erosion and sediment control
plans shall depict the following:
(a) Proposed grading drawn at a scale of one inch
equals 100 feet, or at a scale that provides greater detail;
(b) Existing and proposed contours of the site at
5-foot intervals;
(c) The information specified in Env-Wq 1504.06(a) through (m);
(d) Plan notes required by Env-Wq 1504.15 and wildlife protection notes required by Env-Wq 1504.17; and
(e) The signature and seal of the qualified
engineer who is responsible for the plans, if required by Env-Wq
1504.01.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.03 Excavation,
Grading, and Reclamation Plans.
Excavation, grading, and reclamation plans shall depict or otherwise include the following:
(a) Proposed grading drawn at a scale of one inch
equals 100 feet, or at a scale that provides greater detail;
(b) Existing and proposed contours of the site at
5-foot intervals;
(c) All of the information specified in Env-Wq 1504.06;
(d) Proposed details for site reclamation,
including specifications for permanent seeding and any other planned plantings;
(e) Plan notes required by Env-Wq 1504.15, wildlife protection notes required by Env-Wq 1504.17, and, if applicable, blasting notes required by
Env-Wq 1504.16; and
(f) The signature and seal of the qualified
engineer who is responsible for the plans, if required by Env-Wq 1504.01.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.04 Steep
Slope Erosion and Sediment Control Plans.
Steep slope erosion and sediment control plans shall depict or otherwise
include the following:
(a) Proposed grading drawn at a scale of one inch
equals 50 feet, or at a scale that provides greater detail;
(b) Existing and proposed final contours at
2-foot intervals or less;
(c) 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(c);
(d) Diversion swales that are incorporated to
keep upslope drainage off proposed areas of disturbance;
(e) Plan notes required by Env-Wq 1504.15, wildlife protection notes required by Env-Wq 1504.17 and, if applicable, blasting notes required by
Env-Wq 1504.16; and
(f) The signature and seal of the qualified
engineer who is responsible for the plans, if required by Env-Wq 1504.01.
Source. #9817-A, eff
12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14079,
eff 9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.05 Detailed
Development Plans. Detailed
development plans shall depict or otherwise
include the following:
(a) Proposed layout and grading drawn at a scale
of one inch equals 50 feet, or at a scale that provides greater detail;
(b) Existing and proposed final contours at
2-foot intervals or less;
(c) All of the information specified in Env-Wq 1504.06;
(d) Plan notes required by Env-Wq 1504.15, wildlife protection notes required by Env-Wq 1504.17, and if applicable, blasting notes required by
Env-Wq 1504.16;
(e) The signature and seal of the qualified
engineer who is responsible for the plans, as required by Env-Wq 1504.01; and
(f) A plan cover sheet with the title of the
project and the most recent revision date.
Source. #9343, eff
1-1-09; renumbered by #9817-A (formerly Env-Wq
1504.04); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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, site-specific soil mapping, or as determined
by Env-Wq 1504.09(b)(4)d.;
(h)
A clear delineation of the total area to be disturbed, including
proposed improvements or modifications;
(i) Locations and details of 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 meets the following:
(1) Shows compliance with Env-Wq
1505.05, including but not limited to methods for limiting the length of time
that soils remain unstabilized; and
(2) Identifies which single family or duplex
residential lots may begin construction prior to completion of the project, so
as to comply with Env Wq 1503.12(b);
(m)
Proposed cold weather stabilization techniques in accordance with Env-Wq 1505.06, if applicable;
(n)
Details, including plan and elevation views, of proposed permanent
methods for protecting water quality from degradation due to runoff 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 pursuant to Env-Wq 1504.08 for approval
prior to the commencement of operations of a high-load use;
(q)
Roadway stations shown every 100 feet;
(r)
Plan date and if applicable, any revision dates;
(s)
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; and
(t)
If applicable, the locations of where the blasting is required or
anticipated and the site-specific blasting best management practices based on
Env-Wq 1510.
Source. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.05); ss by #12342, eff 8-15-17; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.07 Deed
Restrictions; Easements.
(a) The applicant shall submit prepared written
deed restrictions or easements, as applicable, to the department for review
whenever the original or amended plans show:
(1) Drainage
easement(s) or deed restriction(s) necessary to meet Env-Wq
1503.19, including but not limited to easements established to protect
vegetated buffers or to locate stormwater treatment or conveyance systems; or
(2) Maintenance
access easement(s).
(b) 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. #9343, eff
1-1-09; (renumbered by #9817-A (formerly Env-Wq
1504.06); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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; and
(2) Submit the
updated source control plan to the department within 14 days of the
department’s request, if such request is made, to allow the department to
review the plan for compliance with the permit conditions related to its
implementation.
Source. #9343, eff
1-1-09; renumbered by #9817-A (formerly Env-Wq
1504.07); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
Env-Wq 1504.09 Stormwater
Management Report; Drainage Area Plans; Hydrologic Soil Group Plans. A stormwater management 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
hydrologically-connected surface waters of the state, and wetlands as defined
in RSA 482-A, and other 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, if applicable, 2 years, 10 years, and 50 years
using the NRCS “National Engineering Handbook”, Part 630, Hydrology, March
2020, or Win TR-20, version 3.20.0000, 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 New York and New
England”, version 2.0, published by the USDA, NRCS, and Cornell University’s
Northeast Regional Climate Center; or
b. NOAA’s National Weather Service, Hydrometeorological Design
Studies Center, Precipitation Frequency Data Server;
(2) For
projects with infrastructure proposed in the coastal and great bay region,
precipitation values used in both the pre-development and post-development
analyses shall be increased by 15%, based on either of the methods listed in
(1), above;
(3) 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;
(4) The
hydrologic soil group shall be determined as follows:
a. Subject to d
below, for proposed areas of disturbance, including lot development that is excluded
from the area of disturbance calculation pursuant to Env-Wq
1503.12(b), soil series 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;
b. For all other areas that contribute runoff to
the project site, soil series 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
c. Using the
soil series determined in a. or b., above, the hydrologic soil group shall be assigned the
equivalent hydrologic soil index determined in accordance with SSSNNE
Special Publication No. 5, Ksat Values for
New Hampshire Soils, September 2025, as available in Appendix B;
d. For areas of
disturbance located over a capped landfill, the hydrologic soil group shall be
determined by a qualified engineer or certified soil scientist, based on soil
information obtained from the cross-sectional profile of the landfill cap;
(5) The land
cover shall be determined as follows:
a. For proposed areas of disturbance, including
lot development that is excluded from the area of disturbance pursuant to Env-Wq 1503.12(b), 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 lot development that is excluded from the
area of disturbance calculation pursuant to Env-Wq
1503.12(b), a minimum area of 4,000 square feet of impervious area and 10,000
square feet of “good” grass as defined by the National Engineering Handbook
referenced in (b), above, shall be assumed for each lot;
(6) The curve
number shall be determined as follows:
a. Except as specified in (b), below, the curve
number for each sub-basin shall be determined using table 2-2a through table
2-2d in TR-55, Urban Hydrology for Small Watersheds, NRCS, June 1986, available
as noted in Appendix B.
b. For areas covered by solar panels, a curve
number of 98 shall be assigned or a reduced curve number may be calculated in
accordance with Env-Wq 1511.05(b) and depicted on a
plan in accordance with Env-Wq 1511.05(c).
(7) The storage
modeled shall not include void spaces for fill or native soils;
(8) The
analysis time span shall be extended to show the time when the stormwater
practices modeled have been fully drained or drained down to the designed
permanent pool level; and
(9) 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 management 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;
(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 management 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. #9343, eff
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12-22-21; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
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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) For purposes of this section, “P” means the
depth of the 90th percentile storm in inches as defined as follows:
(1) For existing impervious areas that are proposed
for redevelopment, P shall be 0.3 inches; and
(2) For all other areas P shall be 1.0 inches;
(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. #9343, eff
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1504.09); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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) For purposes of this section, “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, regardless of whether the project involves
redevelopment.
(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. #9343, eff
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1504.10); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.11); ss by #12342, eff 8-15-17; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.13 Infiltration
Feasibility Report. The infiltration
feasibility report required by Env-Wq 1503.07(e)(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 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
one additional test pit 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 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, as observed and described by a certified soil scientist or an
individual holding a valid permit as a permitted designer as issued by the
department’s subsurface systems bureau;
(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, September 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 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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.12); ss by #12342, eff 8-15-17; ss by #13317, eff
12-22-21; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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;
(3) For
proposed imported fill soils containing not more than 10% soil passing the
number 200 sieve, the applicant shall use the results from the testing method
described in (g), below, as confirmed after the fill is placed but before the
practice is installed by results from the field measurement method described in
(d), below; or
(4) For
proposed imported fill soils containing 10% soil or more passing the number 200
sieve, the applicant shall use a rate determined by a CPESC specialist,
certified soil scientist, professional geologist, qualified engineer, or other
qualified professional licensed to practice in the state of New Hampshire and
confirmed after the fill is placed by using the 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, 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 2025, 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;
(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;
(5) A Modified
Phillip Dunne Infiltrometer test, in accordance with ASTM D8152-18 standards,
July 2022, available as noted in Appendix B, and using an inner ring that is at
least 4 inches in diameter, which shall be done at least 2 additional times,
for a minimum of 3 observations in each location; or
(6) A Sealed Single-Ring Infiltrometer and Multiple
Pressure Head Procedure test, in accordance with ASTM D8550-25 standards,
August 2025, available as noted in Appendix B, which shall be done at least 2
additional times, for a minimum of 3 observations in each location, or in
accordance with the manufacturer’s instructions, whichever is greater.
(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) Subject to
(5), below, 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) Subject to
(5), below, 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.
(5) At least
one field test shall be conducted within each distinct soil type present at the
location of the proposed infiltration basin or trench.
(g) The method for determining the design
infiltration rate for proposed imported fill soils shall be as follows:
(1) Determine
the Ksat of the proposed fill in accordance with test
methods described in ASTM D-2434-22, “Standard Test Method for Measurement for
Coarse-Grained Soils”, April 2022, 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) Discharge of stormwater into the ground shall
be prohibited or restricted in the areas identified in Env-Wq
1507.02(c).
Source. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.32); ss by #12342, eff 8-15-17; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.15 Plan
Notes.
(a) The plans shall include the following erosion
and sediment control notes:
(1) “Perimeter
controls must be installed prior to earth moving operations.”
(2) “Stormwater
treatment ponds and drainage swales must be installed before rough grading the
site.”
(3) “Runoff
must be directed to temporary practices until stormwater BMPs are stabilized.”
(4) “Basins,
ditches and swales must be stabilized prior to directing runoff to them.”
(5) “Roadways
and parking areas must be stabilized within 72 hours of achieving finished
grade.”
(6) “Cut and
fill slopes must be stabilized within 72 hours of achieving finished grade.”
(7) “All areas
of unstabilized soil must be stabilized as soon as
practicable but no later than 45 days after initial disturbance.”
(8) “Erosion
control practices must be inspected at least weekly and after every rain event
of 0.5 inch or more.”
(9) “In areas
that will not be paved, “stable” means that:
a. A minimum of 85% vegetative cover has been
established in a manner that is evenly distributed over the site, with no large
areas of bare soil;
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.”
(10) “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, available as noted in Appendix B, have been
installed.”
(b) Unless a smaller project area of disturbance
is proposed or a larger area is allowed under Env-Wq
1505.03(b)(1), the plan shall include the following note: “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.
(d) If the project includes disturbed land with
slopes greater than 5% and the flow path over the sloped area is greater than
300 feet, the following note shall also be included on the plans:
(1) “All areas
of unstabilized soil shall be temporarily stabilized
in accordance with Env-Wq 1506.01, Env-Wq 1506.02, or Env-Wq 1506.03,
whichever applies, as soon as practicable, but no later than 7 days after
initial disturbance or prior to any rainfall event that produces 0.5 inch or
more of precipitation within a 24-hour period, whichever occurs first.”
(e) For any project with an infiltration basin
proposed, the following notes shall be included on the plans:
(1) “Do not
traffic exposed soil surface with construction equipment. If feasible, perform
excavations with equipment positioned outside the limits of the infiltration
system.”
(2) “After the
infiltration system area is excavated to the final design elevation, the floor
should be deeply tilled with a rotary tiller or disc harrow to restore
infiltration rates, followed by a pass with a leveling drag.”
(3) “Do not
place infiltration systems into service until the contributing areas have been
fully stabilized.”
(f) For any project with a manufactured sediment
and erosion control product, the following notes shall be included on the
plans, if applicable:
(1) “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.”
(2) “Turf
reinforcement mats shall be covered with soil to prevent exposure of the mats
to the surface.”
(g) A note containing more stringent requirements
shall be allowed to replace any note specified above.
Source. #12342, eff
8-15-17; ss by #13758, eff 9-28-23 (formerly Env-Wq
1504.16); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1504.16 Blasting
Notes. Any plans for a project that
will entail blasting shall include the blasting best management practices
specified in Env-Wq 1510.
Source. #12342, eff
8-15-17; renumbered by #13758 (formerly Env-Wq
1504.17); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq
1504.17 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 New Hampshire
fish and game department (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 DataCheck request
results identification 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 an ecological review in accordance with Env-Wq 1503.08, the plans shall contain a list of all final
conservation measures recommended by the department, which shall be complied
with as a condition of the AOT permit.
Source. #13317, eff
12-22-21; renumbered by #13758 (formerly Env-Wq
1404.18); ss by #14351, INTERIM, eff 8-26-25; ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342,eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1505.03 Limitations on Open Area.
(a) The total area of unstabilized
soil shall not exceed 5 acres at any given time, unless a larger area is
allowed by (b)(1), below.
(b) An environmental monitor shall be employed to
ensure compliance with Env-Wq 1505.01, if any of the
following conditions apply, and shall be subject to the requirements in (e)
through (g), below:
(1) It is
necessary for the total area of unstabilized soil to
exceed 5 acres at any given time, as demonstrated by documentation showing that
limiting areas of earth cuts and fills to 5 acres or less would unreasonably
limit the construction schedule;
(2) The site is
within 50 feet of a surface water of the state, or wetlands as defined in RSA
482-A:3, has a grade of 25% or greater, or contains soils having an erodibility
factor of 0.4 or greater, or any combination of these; or
(3) Subject to
(c) below, the project has disturbed land with slopes that are greater than 5%
and the flow path over the slope is greater than 300 feet.
(c) If the applicant installed temporary sediment
traps and diversion swales in accordance with Env-Wq
1506.10 and Env-Wq 1506.12, the criteria in (b)(3)
shall not apply.
(d) For any project where an environmental
monitor is required pursuant to (b), above, the applicant shall submit a
construction sequence and phasing plan, developed by a qualified engineer or a
CPESC specialist, to demonstrate compliance with Env-Wq
1505;
(e) A third-party 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.
(f) 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.
(g) The permit holder shall implement any
corrective actions recommended by the environmental monitor within 24 hours or
the deadline requested in the report required by (e)(3), above, or implement
alternative methods to ensure compliance with Env-Wq
1505.01 and Env-Wq 1507.01.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1505.02) ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 in a manner that is evenly
distributed over the site with no large areas of bare soil, 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, March 2016, Table 304-1, Item
No. 304.1, 304.2, or 304.3, available as noted in Appendix B, have been
installed.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1505.03); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1505.05 Stormwater Management and Erosion and
Sediment Control. The methods
described in Env-Wq 1506, and in Env-Wq 1511 for solar arrays, 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 1505.03; and
(b) Are implemented in accordance with the
individual criteria specified for each method.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1505.04); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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 in a manner that is evenly distributed over the site
with no large areas of bare soil 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 in a manner that is evenly distributed over the site
with no large areas of bare soil 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 in a manner that
is evenly distributed over the site with no large areas of bare soil 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 permit holder’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, March 2016, Table
304-1, Item No. 304.1, 304.2, or 304.3, available as noted in Appendix B.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1505.05); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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, distributed evenly over the
site with no large areas of bare soil, is not achieved prior to October 15th,
one or more additional erosion control methods shall be implemented.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 or the calculated volume
of runoff from a 2-year, 24-hour storm;
(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% of the
original volume is filled; and
(g) The materials removed from the trap shall be
properly disposed of and stabilized.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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% 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by
#13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 of the state 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 of the state
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 of the state 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 email 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 of the state
at a point downstream of the area where flocculant has been applied but
upstream of the receiving water;
c.
In each receiving 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1506.12); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1506.13); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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;
(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 through Env-Wt 900; or
(3) Located on lots in single family or duplex
residential subdivision for the purpose of meeting Env-Wq
1503.19(b) or (c), unless the construction of the stormwater management
practice is included as part of the permit and the practice is protected with
an easement or deed restriction pursuant to Env-Wq
1504.07.
(c)
Except as provided in (e) and (f), below, and any practice-specific
requirement or exception, no stormwater management practice described in Env-Wq 1508 shall:
(1) Receive stormwater from 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;
(2) Receive stormwater from areas where the soil
contains contamination, as defined in Env-Or 602.07, at levels greater than the
soil remediation criteria of Env-Or 606.19;
(3) Discharge stormwater into the ground where
the groundwater contains contamination at levels greater than the ambient
groundwater quality standards established in Env-Or 603.03;
(4) Discharge stormwater where the soil contains
contamination at levels greater than the soil remediation criteria of Env-Or
606.19; or
(5) Discharge stormwater into areas with slopes
greater than 15%, unless calculations are provided demonstrating that resulting
seepage forces do not cause slope instability.
(d)
Nothing in this section shall be interpreted to allow a party to cause
or contribute to an ambient groundwater quality standards (AGQS) violation as
defined in RSA 485-C:2, I, as reprinted in Appendix C.
(e)
Practices that are not hydraulically connected to groundwater shall be
exempt from (c), above.
(f)
In areas where groundwater contains contamination at levels greater than
the ambient groundwater quality standards established in Env-Or 603.03 or soil
contains contamination at levels greater than the soil remediation criteria of
Env-Or 606.19, a qualified geologist or engineer, experienced in contaminant
fate and transport analysis, shall certify that the proposed design will not
result in impacts to groundwater flow or quality that are detrimental to the
environment or human health greater than those posed by current site
conditions. Such impacts shall include, but are not limited to contaminating
water supply wells, expanding contaminant plumes, or increasing vapor intrusion
risks. The certification shall be signed, sealed, and dated by the New Hampshire-licensed
professional engineer or geologist who performed the analysis.
(g)
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1507.03 Pollutant
Discharge Minimization Requirements.
(a) Except as required by (b) through (e), below,
runoff from all proposed impervious areas, including but not limited to
roadways, parking areas, driveways, roofs, and redeveloped impervious areas,
shall be treated with one or more of the stormwater treatment practices
described in Env-Wq 1508.03 through Env-Wq 1508.11, provided that the requirements of this section
are met along with all method-specific criteria.
(b) Except as required by (c), below, runoff from
proposed impervious area that would result in a discharge of stormwater within
one-quarter mile of a surface water of the state impaired for phosphorus, or
within one-quarter mile of a lake or pond, shall be treated with one or more of
the following stormwater treatment practices:
(1) A
bioretention system with an internal storage reservoir that meets the
requirements of Env-Wq 1508.06, provided the filter
media is amended with 5% water treatment residuals or 0.5% iron filings;
(2) An
infiltration practice that meets the requirements of Env-Wq
1508.07;
(3) A filtering
practice that meets the requirements of Env-Wq
1508.08, provided one or more of the following is also met:
a. The practice infiltrates the WQV; or
b. The
filter media is amended with 5% water treatment residuals or 0.5% iron filings;
(4) A gravel
wetland that meets the requirements of Env-Wq
1508.05, provided that the installation of an infiltration practice pursuant to
(2), above, is not feasible;
(5) A
stormwater treatment practice that has pollutant removal efficiencies equal to
or greater than (1) through (3), above; or
(6) Treatment
practices supported by a pollutant loading analysis completed in accordance
with (j), below, that demonstrates there will be no increase in phosphorus
loading to the surface water of the state as a result of the project.
(c) Runoff from proposed impervious areas that
would result in a discharge of stormwater within one-quarter-mile of a class A
surface water or within the watershed of a surface water that is an outstanding
resource water (ORW) as defined in Env-Wq 1708.04(a),
shall be treated with one or more of the following stormwater treatment
practices:
(1) A gravel
wetland that meets the requirements of Env-Wq
1508.05;
(2) A
bioretention system with an internal storage reservoir that meet the
requirements of Env-Wq 1508.06, provided that the
filter media is amended with 5% water treatment residuals or 0.5% iron filings;
(3) A
stormwater treatment practice that has pollutant removal efficiencies equal to
or greater than (1) or (2), above, and that incorporate a denitrification
process; or
(4) Treatment
practices supported by a pollutant loading analysis completed in accordance
with (j), below, that demonstrates:
a. There will be no increase in nitrogen
and phosphorus loading to the surface waters of the state as a result of the
project; and
b. For projects with a net increase in
impervious surfaces, utilize stormwater BMPs listed in Env-Wq
1508.05 or Env-Wq 1508.06 for denitrification.
(d) Runoff from proposed impervious areas that
would result in a discharge of stormwater within one-quarter mile of a surface
water of the state impaired for nitrogen shall be treated with one or more of
the following stormwater treatment practice:
(1) A gravel
wetland that meets the requirements of Env-Wq
1508.05; or
(2) A
bioretention system with an internal storage reservoir that meets the
requirements of Env-Wq 1508.06.
(e) Runoff from the following areas shall be
presumed to meet water quality standards without the need for stormwater
treatment practices:
(1) Impervious
areas for the purposes of lot development, provided that:
a. The individual lot is a single family or
duplex residential lot;
b. The individual lot is one acre or greater;
c. The individual lot is not in a watershed
impaired for nitrogen or phosphorus;
d. The total disturbance for each individual lot
does not exceed 100,000 square feet or 50,000 square feet if any portion in the
protected shoreland; and
e. The individual lot does not drain to one or
more proposed stormwater treatment practices;
(2) Access
roads that are vegetated;
(3) Utility
infrastructure, including substations pads and access roads that will receive
fewer than 52 trips per year; and
(4) Solar
panels.
(f) Stormwater treatment practices shall be
accessible for proposed maintenance activities.
(g) Infiltration rates for designing stormwater
treatment practices shall be determined in accordance Env-Wq
1504.14.
(h) Stormwater treatment practices shall meet the
water supply well setback criteria identified in Env-Wq
1508.02.
(i) Subject to (j),
below, stormwater treatment practices shall be designed for the WQV or WQF, as
applicable, calculated in accordance with Env-Wq
1504.10 and Env-Wq 1504.11, respectively.
(j) If a pollutant loading analysis is conducted
pursuant to (b)(6) or (c)(4), above, it shall be performed as follows:
(1) Load export
rates for total nitrogen and total phosphorus shall be as provided in Appendix
F of the General Permits for Stormwater Discharges from Small Municipal
Separate Storm Sewer Systems in New Hampshire, December 7, 2020, available as
noted in Appendix B; and
(2) Pollutant
removal efficiencies for total nitrogen and total phosphorus shall be as
provided in Appendix F of the General Permits for Stormwater Discharges from
Small Municipal Separate Storm Sewer Systems in New Hampshire, December 7,
2020, available as noted in Appendix B.
Source. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342,
eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14079, eff 9-24-24; ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
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
1508.17.
(b) Except as specified in (c), below, the
applicant shall capture and infiltrate the GRV calculated pursuant to Env-Wq 1504.12.
(c) The applicant shall not be required to
capture and infiltrate the GRV when:
(1) The GRV is
less than 500 cubic feet;
(2) The lowest Ksat value, within 0 to 5 feet below all areas proposed for
development, is less than 0.5 inches per hour. Unless on-site infiltration
testing results indicate values greater than 0.5 inches per hour, Ksat values shall be determined using SSSNNE Special
Publication No. 5, Ksat Values for New Hampshire
Soils, September 2025, available as noted in Appendix B; or
(3) Conditions
exist that prohibit infiltration as specified in Env-Wq
1507.02(c).
(d) Infiltration rates for designing groundwater
recharge practices shall be determined in accordance with Env-Wq 1504.14.
(e) The groundwater recharge practices shall meet
the water supply well setback criteria identified in Env-Wq
1508.02.
(f) Acceptable methods to demonstrate that the
GRV is being infiltrated shall include:
(1)
Demonstrating that the volume of runoff from a 1-year, 24-hour storm
event is equal to or greater than the GRV; or
(2) Preparation
of a hydrologic budget that accounts for the inflow to, outflow from, and
storage in the infiltration practice, showing that sufficient water is
available to recharge the groundwater.
(g) Groundwater recharge practices shall not be
located on single family or duplex residential lots for the purpose of meeting
the GRV pursuant to Env-Wq 1504.12 unless the
construction of the stormwater management practice is included as part of the
permit and the practice is protected with an easement or deed restriction
pursuant to Env-Wq 1504.07.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
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 channel, downstream
receiving water, or wetland 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 a channel, downstream
receiving water, or wetland 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 a channel, downstream
receiving water, or wetland 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% 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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342,
eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
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.
(f) All proposed roadway culverts shall be
designed to pass the 50-year, 24-hour post-development peak flow rate without
overtopping the roadway.
Source. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342,
eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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;
(8) Actions to
be taken if any invasive species begin to grow in the stormwater management
practices;
(9) If a
stormwater management system is located within a drainage easement on a single
family or duplex residential lot, copies of the drainage easements prepared
pursuant to Env-Wq 1504.07;
(10) A note that states that maintenance activities
shall comply with laws that protect wildlife, including RSA 212-A, RSA 209:8,
and RSA 209:9; and
(11) A requirement to maintain 85% vegetative cover
uniformly distributed on all areas permanently stabilized with vegetation,
including beneath the solar panels if present, and to repair areas of erosion.
(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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq
1507.08); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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, 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, or the approval issued under Env-Dw 305;
(3) For any
non-community water system, the applicable distance from Env-Dw 406.14; or
(4) Table
1008-4 in Env-Wq 1008.06, 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.03 Stormwater
Treatment Practices: Stormwater Ponds.
Stormwater ponds, including but not limited to wet ponds and wet
extended detention ponds, shall comply with the following:
(a) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16
shall be provided if
stormwater, other than roof runoff, will be discharged
to the practice;
(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
perpendicular to the flow path and dividing by 2;
(g) The permanent pool average 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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342,
eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
Env-Wq 1508.04 Stormwater
Treatment Practices: Stormwater Wetlands.
Stormwater wetlands, including but not limited to shallow wetlands,
extended detention wetlands, and wet pond systems incorporating both permanent
pool ponds and wetlands but excluding gravel wetlands, shall comply with the
following:
(a) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16
shall be provided if
stormwater, other than roof runoff, will be discharged
to the practice;
(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;
(n) The maximum water surface elevation shall not
extend more than 4 feet above the permanent pool during the 50-year, 24-hour
storm; and
(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. #9343, eff
1-1-09; amd in paragraph (f) by #9817-A, eff 12-1-10;
ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.05 Stormwater Treatment Practices: Gravel
Wetlands. Gravel wetland systems
shall comply with the following:
(a)
The system shall be designed in accordance with “UNHSC Subsurface Gravel
Wetland Design Specifications”, January 2022, available as noted in Appendix B,
unless otherwise specified;
(b) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16
shall be provided if stormwater, other than roof runoff, will be discharged to
the practice;
(c) The system, excluding the saturated zone but
including any sediment forebays, shall be designed to completely drain within
72 hours; and
(d) The system shall have 2 treatment bays, each
of which is designed to filter at least 45% of the WQV with a minimum flow path
of 15 feet, or one treatment bay designed to filter at least 90% of the WQV
with a minimum flow path of 30 feet.
Source. #12342, eff
8-15-17 (formerly in Env-Wq 1508.04(f) in #9817-A,
eff 12-1-10); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES:
1-19-36
Env-Wq
1508.06 Bioretention System with
Internal Storage Reservoir.
Bioretention systems with an internal storage reservoir shall comply with the following:
(a)
The system shall be designed in accordance with the “Standard Detail,
Bioretention ISR Stormwater System” in the “UNH Stormwater Center Hybrid
Bioretention Template”, February 2020, available as noted in Appendix B, with
the additional requirements in (b) though (g), below;
(b)
Pretreatment as described in Env-Wq 1508.12
through Env-Wq 1508.16 shall be provided if
stormwater,
other than roof runoff, will be 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 1508.12;
(d)
The volume above the filter material shall be equal to or greater than
100% of the WQV;
(e)
The filter media shall consist of one of the mixtures specified in Env-Wq 1508.08(k)(4);
(f)
The system, excluding the saturated zone but including any sediment
forebays, shall be designed to completely drain within 72 hours; and
(g)
If iron filings are proposed, the following shall apply:
(1) The iron filings shall be well mixed with the
filter material and mixing an installation shall be observed by a professional
engineer to ensure proper mixing and installation of the iron filings;
(2) Iron filings shall not be mixed into the top
4" of the filter material;
and
(3) The iron filings shall be sized in accordance
with Appendix D of the United States Army Corps of Engineers Engineering Manual
EM-1110-2-1913, April 2020, available as noted in Appendix B, such that the
iron filings are sized as a filter for the bioretention soil mix filter
material.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.07 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(c):
(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
1508.11 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 1508.12 through Env-Wq 1508.16
shall be provided if stormwater other than or in addition to roof runoff 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 1508.12;
(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 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
1508.11 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 trench depth shall be greater than the trench width;
(3) The
infiltration media shall be clean, washed, and well-graded aggregate with a
diameter of 1.5 to 3 inches such that the porosity is 40%;
(4) An
observation well along the trench center line shall be provided; and
(5) 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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342
(formerly Env-Wq 1508.05); ss by #13758, eff 9-28-23
(formerly Env-Wq 1508.06); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
Env-Wq 1508.08 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) unless the practice
has an impermeable liner;
(b) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16
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) The practice shall completely drain within 72
hours;
(d) All filtering practices that impound
stormwater shall have an overflow structure that complies with Env-Wq 1507.02(d);
(e) 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 1508.12;
(f) If the practice has an impermeable liner, (g)
through (j), below, shall not apply;
(g) The design infiltration rate of the
underlying native soil or fill soil shall be determined in accordance with Env-Wq 1504.14;
(h) If the infiltration rate, prior to adding a
factor of safety, of the underlying soil or proposed fill, as determined
pursuant to (g), 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;
(i) 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;
(j) 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 18 inches for pervious pavement
and 24 inches for all other filtering practices, 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;
(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% by weight shall pass the number 10 sieve;
2. From 70% to
100% by weight shall pass the number 20 sieve;
3. From 15% to
40% by weight shall pass the number 60 sieve; and
4. From 8% to
15% by weight shall pass the number 200 sieve;
c.
60% to 85% by volume of sand, 15% to 25% by volume of loam or topsoil, and 3%
to 8% by volume of organic matter used in the mixture meeting the following
sieve analysis specification:
1. 100% by weight shall pass the number 4 sieve;
2. 95% by weight shall pass the number 10 sieve;
3. From 15% to 40% by weight shall pass the
number 40 sieve;
4. From 10% to 20% by weight shall pass the
number 200 sieve; and
5. From 0% to 5% by weight shall pass a sieve
that is finer than the number 200 sieve; and
(5) The filter
shall have an access grate;
(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 100% of ASTM C-33 concrete sand or one of the mixtures specified
in (k)(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 (k)(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 Service,
available as noted in Appendix B, 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, March 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,
ACI SPEC-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 non-proprietary
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;
(2) The contributing drainage area shall be less
than 0.1 acres;
(3)
The filter media shall be 80% by volume sand that is certified by its producer
as meeting the requirements for ASTM C-33 concrete sand, 20% by volume of
organic material with less than 5% passing the number 200 sieve;
(4)
The soil mixture shall be uniform, free of stones, stumps, roots, or similar
materials larger than 2 inches; and
(5)
The soil mixture shall have a pH between 5.5 and 6.5.
Source. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342
(formerly Env-Wq 1508.06); ss by #13758, eff 9-28-23
(formerly Env-Wq 1508.07); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
Env-Wq 1508.09 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 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 (b), 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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342
(formerly Env-Wq 1508.07); ss by #13758, eff 9-28-23
(formerly Env-Wq 1508.08); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
Env-Wq 1508.10 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
1508.19 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
1508.19 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. #9343, eff
1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1508.08); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.09); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.11 Other
Stormwater Treatment Practices.
(a) An applicant who wishes to use a stormwater
treatment practice not specified in this part 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)(2) 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, 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 this part, 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 email 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
one or more of the following:
a. The
University of New Hampshire Stormwater Center’s, Quality Assurance Project Plan
(November 2017), available as noted in Appendix B;
b. The
Technology Acceptance Reciprocity Partnership (TARP)’s, Protocol for Stormwater
Best Management Practice Demonstrations (July 2003), available as noted in
Appendix B; or
c. The
Washington State Department of Ecology’s, Technical Guidance Manual for
Evaluating Emerging Stormwater Treatment Technologies, Technology Assessment
Protocol Ecology (TAPE) (November 2024), available as noted in Appendix B; 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. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.09); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.10); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.12 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) unless
the practice has an impermeable liner;
(b) If the sediment forebay is located in soils
classified as Abenaki, Adams, Agawam, Boscawen, Caesar, Champlain, Colton,
Croghan, Deerfield, Haven, Hinckley, Hoosic, Metallak,
Quonset, or Warwick or any combination thereof, the sediment forebay shall have
an impermeable liner or meet the infiltration criteria specified in Env-Wq 1508.07 or Env-Wq 1508.08;
(c) Unless otherwise specified, a sediment
forebay shall be designed to contain 10% of the WQV;
(d) Sediment forebays for gravel wetland and
bioretention with internal storage reservoir systems shall be designed to drain
within 72 hours of storm events;
(e) Forebays shall be no less than 2 feet and no
more than 6 feet in depth;
(f) Forebay side slopes shall be no steeper than
3:1;
(g) A fixed vertical sediment marker shall be
installed to measure sediment depth; and
(h) Upon completion of maintenance, all disturbed
areas shall be re-stabilized in accordance with the approved plans.
Source. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.10); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.11); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.13 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% and no greater than 15%; and
(d) The vegetated filter strip shall be at least
25 feet long and as wide as the area draining to the strip.
Source. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.11); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.12); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.14 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) 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. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.12); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.13); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.15 Pretreatment
Practices: Flow-Through Devices.
Flow through devices such as hydrodynamic separators, water quality
inlets, and oil
or 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 or 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 or particle
separator chamber shall be accessible by means of a separate manhole;
(e) The contributing area to the oil or particle
separator shall not exceed 1.0 acre of impervious area;
(f) Oil or particle separators shall only be used
in an off-line configuration to treat the WQF; and
(g) Oil or particle separators shall have a
minimum of 400 cubic feet of permanent pool storage per acre of contributing
impervious area.
Source. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.13); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.14); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.16 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. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342
(formerly Env-Wq 1508.14); ss
by #13758, eff 9-28-23 (formerly Env-Wq 1508.15); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.17 Groundwater
Recharge Practices. The following
methods shall be acceptable methods for infiltrating groundwater, provided that
all method-specific criteria are met:
(a) Infiltration practices in accordance with
Env-Wq 1508.07;
(b) Filtering practices in accordance with Env-Wq 1508.08 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 pursuant to Env-Wq 1504.14.
Source. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.15); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.16); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.18 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, in
accordance with Env-Wq 1507.02(d); 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. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.16); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.17); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.19 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%; 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% by
weight shall pass the 12-inch sieve;
(2) From 84% to
100% by weight shall pass the 6-inch sieve;
(3) From 68% to
83% by weight shall pass the 3-inch sieve;
(4) From 42% to
55% by weight shall pass the 1-inch sieve; and
(5) From 8% to
12% by weight shall pass the number 4 sieve;
Source. #9343, eff
1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342
(formerly Env-Wq 1508.17); ss by #13758, eff 9-28-23
(formerly Env-Wq 1508.18); ss by #14472, eff 1-19-26,
EXPIRES: 1-19-36
Env-Wq 1508.20 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. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.18); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.19); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1508.21 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%.
(g) The flow length within a bench shall not
exceed 800 feet.
Source. #9343, eff
1-1-09; ss by #12342 (formerly Env-Wq 1508.19); ss by
#13758, eff 9-28-23 (formerly Env-Wq 1508.20); ss by
#14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1509.02 Waiver
Requests.
(a) Any person seeking relief from the criteria
of Env-Wq 1503.03 or Env-Wq
1503.12, or 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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by
#13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 file number
assigned pursuant to Env-Wq 1503.13(b);
(2) The specific rule section or paragraph for
which a waiver is being requested; and
(3) A full explanation of why the applicant
believes that having the waiver granted will meet the criteria in Env-Wq 1509.04.
(b) The applicant or the applicant’s agent shall sign the request
as specified in Env-Wq 1503.10.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1509.04 Waiver
Criteria.
(a) 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 for Env-Wq 1503.19(h).
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff
1-19-26, EXPIRES: 1-19-36
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.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 of the requestor;
(2) A brief description of the application to
which the request relates, such as project name, town, and alteration of
terrain application file number;
(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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1509.08 Criteria
for Deadline Extensions.
(a) The department shall approve the first
request to extend a deadline for submitting additional information if:
(1) A complete request for deadline extension was
submitted prior to the established deadline; and
(2) The requested extension does not exceed 60
days from the original date established in the notice of request for additional
information.
(b) The applicant is also required to demonstrate
that good cause exists to extend the deadline for any additional requests to
extend a deadline for responding to a request for additional information.
(c) 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.
(d) If the extension extends more than one year
past the original date established in the request for additional information,
the department shall apply the rules in effect at the time the requested
information is received.
(e) 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.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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.
Source. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1510.05 Prevention
of Misfires. Industry-standard
practices shall be implemented to prevent misfires.
Source. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
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 5
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% 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. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
PART
Env-Wq 1511
SOLAR ARRAYS
Env-Wq 1511.01 Applicability.
(a) The rules in this part shall apply to
applications for the construction of solar arrays.
(b) These rules are in addition to all other
applicable rules in this chapter.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1511.02 Calculation
of the Area of Disturbance. The area
of disturbance shall be calculated in accordance with Env-Wq
1503.12(f).
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36
Env-Wq 1511.03 Slope Plan. In addition to the requirements of Env-Wq 1504.09, applicants shall submit a slope plan,
drawn at a scale of one inch equals 50 feet, or at a scale that provides
greater detail, that depicts land slopes with the following color-coding:
(a) Slopes less than or equal to 5% shall be
shaded green;
(b) Slopes greater than 5% and less than or equal
to 8% shall be shaded yellow;
(c)
Slopes greater than 8% and less than 15% shall be shaded orange; and
(d) Slopes greater than 15%, shall be shaded red.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.04)
Env-Wq 1511.04 Conditions
for Sheet Flow. Stormwater runoff
emanating from panel drip edges shall be assumed to remain in a sheet flow
condition provided the following conditions in (a) or (b) are met:
(a) All of the following are met:
(1) The panel drip edges are no more than 75
degrees from parallel to the post-construction land contour lines;
(2) The drip edges of the panels are more than
1.5 feet and less than 10 feet above the land surface;
(3) The stormwater runoff emanating from the
panel drip edges flows over at least 25 feet of vegetated area before
discharging to a wetland as defined by
RSA 482-A; and
(4) The land cover under the panels and in rows
separating panels will consist of vegetation with at least 85% vegetative
cover, uniformly distributed; or
(b) A level spreader that collects the runoff
from the panel drip edges which meets the following:
(1) Runoff is directed to the level spreader
through a channel that follows the contour of the slope such that the runoff
entering the level spreader does not disturb the integrity of the level
spreader;
(2) No more
than 6,000 square feet of panel area is directed to the level spreader, unless
supporting calculations show that depth of runoff during a 2-year 24 hour storm
does not exceed 0.1 feet;
(3) The level
spreader lip is no less than 20 feet and no greater than 50 feet in length; and
(4) The runoff
from the level spreader is immediately distributed to a vegetated buffer that:
a. Does not
have additional runoff directed to the vegetated buffer from upstream developed
areas, other than the flow discharged from the level spreader;
b. Is at least
50 feet long;
c. Has a
uniform slope that does not exceed 15%; and
d. Is not an
area of RSA 482-A jurisdiction.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.05)
Env-Wq 1511.05 Calculations
for Stormwater Drainage.
(a) Hydrologic analysis shall be performed to
demonstrate that the requirements of Env-Wq 1507.05
and Env-Wq 1507.06 are met, unless all of the
following criteria are met:
(1) Land slopes are 5% or less;
(2) Conditions for sheet flow, as described by
Env-Wq 1511.04, will exist for the full solar array;
(3) The existing ground cover is open space,
pasture, grassland, or range, as described by NRCS; and
(4)
Gravel or paved access roads and other impervious areas, other than solar
panels, account for less than 2% of the area of disturbance.
(b) Subject to (a), above, for projects that
require the submission of a hydrologic analysis, the curve number for the area
covered by the solar panels shall be assigned as follows:
(1) If
conditions of sheet flow exist for the solar panel, pursuant to Env-Wq 1511.04, the curve number for the area covered by the
solar panel shall be based on the following land cover:
a. For land
slopes less than or equal to 5%, the land cover shall be considered pervious
and assigned the curve number of the land cover beneath the solar panels, as
defined by NRCS “National Engineering Handbook”, Part 630, Hydrology, March
2020, or Win TR-20, version 3.20.0000, all available as noted in Appendix B;
and
b. For land
slopes greater than 5%, the land cover shall be considered unconnected, as
defined by equation 9-2 in the NRCS “National Engineering Handbook”, Part 630,
Hydrology, March 2020, or Win TR-20, version 3.20.0000, all available as noted
in Appendix B.
(2) If
conditions of sheet flow do not exist for the solar panel, pursuant to Env-Wq 1511.04, the curve number for the area covered by the
solar panel shall be based on the following land cover:
a. For land
slopes less than or equal to 5%, the land cover shall be considered unconnected, as defined by equation 9-2 in
the NRCS “National Engineering Handbook”, Part 630, Hydrology, March 2020, or
Win TR-20, version 3.20.0000, all available as noted in Appendix B; and
b. For land
slopes greater than 5%, the land cover shall be considered connected and
assigned a curve number of 98.
(c) For projects that require the submission of a
hydrologic analysis, a curve number soil group plan shall be drawn at a scale
of one inch equals 50 feet, or at a scale that provides greater detail, and
shall depict the following:
(1) Proposed final contours at 2-foot intervals
or less;
(2) The assigned land cover in accordance with
(b), above, using distinct symbology for each of the 3 land cover types
present: pervious, unconnected, and connected; and
(3) A map legend.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.06)
Env-Wq 1511.06 Slope
Protection from Channelized Flow.
(a) When the panel drip edges are more than 75
degrees from parallel to the post-construction land contour lines, channel
design calculations in accordance with the National Engineering Handbook, Part
654 Stream Restoration Design, Chapter 8 Threshold Channel Design, August 2007,
available as noted in Appendix B, shall be submitted when:
(1) Flow paths
exceed 300 feet for slopes of 8% or greater, but less than 15%; and
(2) Flow paths
exceed 100 feet for slopes greater than 15%.
(b) The plans shall show protective lining of
concentrated flow paths as necessary when calculated velocities exceed the
velocities for a vegetated surface, as determined with the reference in (a),
above.
Source. #13758, eff
9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.07)
PART
Env-Wq 1512
PERMIT BY NOTIFICATION
Env-Wq 1512.01 Purpose. The purpose of this part is to establish a
process for eligible projects to obtain a permit by notification (PBN),
pursuant to RSA 485-A:17, in lieu of a standard AOT permit, while ensuring
compliance with environmental protection standards.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1512.02 Applicability. This part shall apply to any person seeking a
PBN under the criteria and limitations established thereunder.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1512.03 Eligibility.
(a) Subject to (b), below, projects eligible for
a PBN shall:
(1)
Total less than 150,000 square feet of disturbance, as calculated by
Env-Wq 1503.12, and not located within the protected
shoreland as defined in RSA 483-B:4; or
(2) Be a solar
project with a total generation capacity of less than or equal to 5 megawatts
(MW) and not located within the protected shoreland as defined in RSA 483-B:4.
(b) A project meeting the criteria in (a) shall
not be eligible for a PBN if the project:
(1) Is an
excavation or mining of earth materials project;
(2) Includes an
unpermitted disturbance that meets Env-Wq 1503.02(e);
(3) Has a
documented, outstanding violation of RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA
485-A:29-44 or an administrative rule implementing those provisions; and
(4) Requires a
waiver to the application of a rule in Env-Wq 1500.
(c) All projects eligible for a PBN shall meet
the design requirements of Env-Wq 1500.
(d) For any project that qualifies for a PBN, the
applicant may apply for a full AOT permit as specified in Env-Wq 1503.05.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1512.04 PBN
Application Requirements.
(a) To apply for a PBN, the applicant shall
submit:
(1) A complete
“Alteration of Terrain Permit by Notification Application Addendum” form,
NHDES-W-01-002, dated January 2026, available at https://onlineforms.nh.gov?formtag=nhdes-w-01-002;
(2) The
information required pursuant to Env-Wq 1503.05;
(3) The
information in (1) and (2), above, as PDF files with text that is searchable
through optical character recognition (OCR) to aot@des.nh.gov with the project name and location by street address,
town or city, and the tax map, lot, block number; and
(4) The
application fee required pursuant to RSA 485-A:17, II(a).
(b) By signing the form in (a)(1), above, the
applicant and a qualified engineer attest that:
(1) They have reviewed Env-Wq
1512.03, and the project meets the eligibility requirements in Env-Wq 1512.03;
(2) The information requested in Env-Wq 1512.04 is submitted with this application;
(3) Work has not started for which a permit is
required but was not obtained;
(4) 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;
(5) 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;
(6) 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;
(7) Cold weather site stabilization measures, as
specified in Env-Wq 1505.06, will be implemented as
part of the project if applicable;
(8) 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;
(9) Pursuant to RSA 485-A:17, II-b(g), there are
no pending enforcement actions under RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA
485-A:29-44 or of any rule adopted or permit or approval issued pursuant to RSA
482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 on the property for which
the project is proposed;
(10) The project meets the requirements and intent
of RSA 430:51-57 and Agr 3800 relative to invasive
species;
(11) For projects requiring an ecological review
in accordance with Env-Wq 1503.08(a), the project has
incorporated into the project design all final conservation measures
recommended by the ecological review section of the department to assure the
project does not appreciably jeopardize the continued existence of threatened and
endangered species as defined in Fis 1002.04, if applicable;
(12) The applicant has the legal right to
undertake the project on the property; and
(13) No reason specified in Env-C 209 exists for denying
the permit.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1512.05 Processing
a PBN Application.
(a) If the application contains everything
required by Env-Wq 1512.04, the department shall
assign the application a file number and provide written notification within 14
days to the applicant that their PBN is complete.
(b) Within 14 days of receipt of a complete
application, the department shall provide written notification to the applicant
of the acceptance or rejection of the PBN.
(c) The department shall accept a PBN application
if the following requirements are met:
(1) The project meets the eligibility requirements in
Env-Wq 1512.03;
(2) The information requested in Env-Wq 1512.04 has been submitted; and
(3) The department does not have evidence that work
has already been done for which a permit is required but was not obtained.
(d) If the department determines that any of the
criteria in (c), above, is not met, the department shall reject the PBN
application and apply the fee paid as a credit toward the standard application
filing fee for the project.
(e) If the PBN application is rejected, the
notice shall specify the reason(s) for the rejection.
(f) If a PBN application is accepted:
(1) The plans
and stormwater management report and documentation contained in the permit
application submitted to the department with that notification shall be
considered part of the
PBN;
(2) The work
shall be done in compliance with the criteria listed in Env-Wq
1503.19(a) thorough (j); and
(3) The
requirements in Env-Wq 1500 shall apply to the
PBN.
Source. #14472, eff
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Env-Wq 1512.06 Duration
of PBNs. A PBN shall expire after 5
years, unless extended pursuant to Env-Wq 1512.07.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
Env-Wq 1512.07 Amendments
to PBNs; Changes to Plans.
(a) The following circumstances shall be eligible
for an amendment to a PBN:
(1) The
transfer of a PBN to a new permit holder for any permit-related activities that
are incomplete;
(2) Minor
deviations from the approved plans are proposed; and
(3) Extension
of the permit duration.
(b) To apply for an amendment to a PBN, the
person requesting the amendment shall complete and submit the amendment request
in accordance with Env-Wq 1503.24 prior to conducting
any activities that require authorization by amending the PBN.
(c) The project shall not qualify for an
amendment if:
(1) Significant
deviations from the approved plans are or will be made; or
(2) Changes are
made or will be made to the project that results in a project that is no longer
eligible for a PBN in accordance with Env-Wq 1512.03.
(d) Changes to a plan that do not meet
eligibility for an amendment pursuant to (c), above, shall require
authorization from the department by filing a new PBN application or an AOT
permit application pursuant to Env-Wq 1503.05.
Source. #14472, eff
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PART Env-Wq 1513
ADMINISTRATIVE FINE SCHEDULE
Env-Wq 1513.01 Purpose. The purpose of Env-Wq
1513 is to establish a schedule of fines which may be imposed under the
authority of RSA 485-A:22, V for violations of RSA 485-A:17, of any rule
adopted to implement RSA 485-A:17, or of any permit or approval issued under
the authority of RSA 485-A:17.
Source. #14079, eff
9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.01)
Env-Wq 1513.02 Fine
Amounts for Major Violations. The
proposed fine amount for all knowing violations of RSA 485-A:17, of any rule in
Env-Wq 1500, or of any permit or approval issued
under the authority of RSA 485-A:17 shall be $2,000 for each offense, including
but not limited to:
(a) Submitting false or misleading information
relating to any application for a permit or request for approval;
(b) Construction, earth moving, or other
alteration of terrain activities without either meeting the conditions required
for the general permit by rule or obtaining a permit as required pursuant to
Env-Wq 1503;
(c) Conducting a timber harvest without either
meeting the conditions required for the timber harvesting permit by rule or
obtaining a permit required pursuant to Env-Wq 1503;
and
(d) Violating the conditions of a permit issued
pursuant to RSA 485-A:17 and Env-Wq 1500.
Source. #14079, eff
9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.02)
Env-Wq 1513.03 Fine
Amounts for Moderate Violations. The
proposed fine amount for the following violations shall be $1,500 per offense:
(a) For recklessly or negligently submitting
false or misleading information relating to any application for permit required
pursuant to RSA 485-A:17 and Env-Wq 1500;
(b) For recklessly or negligently commencing
construction, earth moving, or other alteration of terrain activities without
either meeting the conditions required for the general permit by rule or
obtaining a permit required pursuant to Env-Wq 1503;
and
(c) For recklessly or negligently conducting a
timber harvest without either meeting the conditions required for the timber
harvesting permit by rule or obtaining a permit required pursuant to Env-Wq 1503.
Source. #14079, eff
9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.03)
Env-Wq 1513.04 Fine
Amounts for Violations with No Previously Scheduled Fine.
(a) For the purposes of this section, the
following definitions shall apply:
(1) “Major
deviation from requirement” means the violator deviated from a requirement of a
statute or rule to such an extent that there is substantial non-compliance;
(2) “Moderate
deviation from requirement” means the violator significantly deviated from a
requirement of a statute or rule but some requirements were implemented as
intended, such that approximately half the requirements were met;
(3) “Minor
deviation from requirement” means the violator deviated partially from a
requirement of a statute or rule such that most of the requirement was met;
(4) “Major
potential for harm” means a substantial likelihood of causing harm to human
health or the environment;
(5) “Moderate
potential for harm” means a moderate likelihood of causing harm to human health
or the environment; and
(6) “Minor
potential for harm” means a small likelihood of causing harm to human health or
the environment.
(b) For violating the requirements of, or
refusing to comply with, any of the provisions of RSA 485-A:17, and any rule
adopted, or permit or approval issued under the authority of RSA 485-A:17, or
RSA 485-A:6, VIII, not identified in Env-Wq 1513, the
proposed fine for each violation shall be calculated pursuant to Table 1511-1,
below, based on the extent of deviation from the requirement and the potential
for harm:
Table 1513-1: Matrix for Calculated Fines – Maximum Fine
$2,000
|
|
Minor Deviation from Requirement |
Moderate Deviation from Requirement |
Major Deviation from Requirement |
|
Minor Potential
for Harm |
range:
$100 to $500 default: $250 |
range:
$500 to $1,000 default: $750 |
range:
$1,000 to $1,500 default: $1,250 |
|
Moderate
Potential for Harm |
range:
$500 to $1,000 default: $750 |
range:
$1,000 to $1,500 default: $1,250 |
range:
$1,500 to $2,000 default: $1,750 |
|
Major Potential
for Harm |
range:
$1,000 to $1,500 default: $1,250 |
range:
$1,500 to $2,000 default: $1,750 |
$2,000 |
Source. #14079, eff
9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.04)
Env-Wq 1513.05 Administrative
Fine Hearings. Env-C 200 shall apply
to all administrative fine hearings and adjudication of the total proposed fine
shall be in accordance with Env-C 204.24.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36
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 1503.07(b) and (m) |
RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III |
|
Env-Wq 1503.08 |
RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III |
|
Env-Wq 1503.19(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 1504.07 |
RSA 485-A:1; RSA 485-A:17; RSA 212-A:9 |
|
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:3 |
|
Env-Wq 1511 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1512 |
RSA 485-A:1; RSA 485-A:17 |
|
Env-Wq 1513 |
RSA 485-A:22, V(a) |
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, N.H. Trail Construction and Maintenance
Manual (January 2017) |
N.H. 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: https://www.nhstateparks.org/getmedia/3c45de00-e174-4df0-b678-4670b254290d/Best-Management-Practices-For-Erosion-Control-During-Trail-Maintenance-and-Construction.pdf |
|
1503.04(b) |
Best Management Practices for Erosion Control on
Timber Harvest Operations (2016) |
N.H. Department of Resources and
Economic Development 172
Pembroke Road Concord,
NH 03301 No cost to download from: |
|
1503.07(k) |
New Hampshire Coastal Flood Risk Summary, Part 1:
Science (August 2019) |
University
of New Hampshire No
cost to download at: https://dx.doi.org/10.34051/p/2019.1 |
|
1503.07(k) |
New Hampshire Coastal Flood Risk Summary, Part II:
Guidance for Using Scientific Projections (March 2020) |
University
of New Hampshire No
cost to download at: https://dx.doi.org/10.34051/p/2020.383 |
|
1503.07(q) 1504.09(b)(4) a. & b.2. 1504.13(f) |
SSSNE Special Publication No. 3, Version 7.0,
Site-Specific Soil Mapping Standards for New Hampshire and Vermont (July
2021) |
Society
of Soil Scientists of Northern New England No
cost to download from: https://sssnne.files.wordpress.com/2022/02/site-specific-soil-mapping-standards-for-new-hampshire-and-vermont-version-7.0-july-2021.pdf |
|
1503.09(a)(1)c. |
FEMA-265: Managing Floodplain Development in
Approximate Zone A Areas (1995) |
Federal Emergency Management Agency No cost to download from: https://www.fema.gov/sites/default/files/documents/fema_approx-zone-a-guide.pdf |
|
1503.11(f)(2) |
Trip Generation Manual (12th Edition, 2025) |
Institute of Transportation Engineers 1627 Eye Street, NW, Suite 600 Washington, DC
20006 USA Telephone: 202-785-0060 Can be ordered at https://www.ite.org/technical-resources/topics/trip-and-parking-generation-v2/trip-generation-info/ |
|
1504.09(b) intro 1511.05(b)(1) and (2)a. |
Win
TR-20, Version 3.20.0000 |
U.S. Department of Agriculture, No
cost to download from: https://www.nrcs.usda.gov/resources/tech-tools/wintr-20-system-controllereditor-version-3301 |
|
1504.09(b) intro 1511.05(b)(1)a. & b. and (2)a. |
National
Engineering Handbook, Part 630, Hydrology (March
2020) |
U.S. Department of Agriculture, Natural Resources Conservation Service No cost to download from: https://directives.nrcs.usda.gov/sites/default/files2/1712930634/Part%20630%20-%20Hydrology.pdf |
|
1504.09(b)(1)a. |
Extreme Precipitation in New York and
New England (Version 2.0) |
U.S. Department of Agriculture, No cost to download from: at http://precip.eas.cornell.edu |
|
1504.09(b)(1)b. |
NOAA’s National Weather Service,
Hydrometeorological Design Studies Center, Precipitation Frequency Data
Server |
NOAA National Weather Service No cost to download from: https://hdsc.nws.noaa.gov/pfds/ |
|
1504.09(b)(4)c. 1504.14(c)(1) 1507.04(c)(2) |
SSSNNE Special Publication No. 5, Ksat Values for New Hampshire Soils (September 2025) |
Society
of Soil Scientists of Northern New England No cost to download from: |
|
1504.09(b)(6)
1504.11(b) and (c) |
TR-55, Urban Hydrology for Small Watersheds (June
1986) |
U.S. Department of Agriculture Agricultural Research Service Download at no cost at: https://www.ars.usda.gov/research/software/download/?softwareid=8 |
|
1504.13(e) |
Field Book for Describing and Sampling Soils,
Version 3.0 (September 2012) |
U.S. Department of Agriculture, No
cost to download from: https://www.nrcs.usda.gov/resources/guides-and-instructions/field-book-for-describing-and-sampling-soils |
|
1504.14(e)(5) |
ASTM D8152-18, “Standard Practice for Measuring
Field Infiltration Rate and Calculating Field Hydraulic Conductivity Using
the Modified Philip Dunne Infiltrometer Test” (July 2022) |
ASTM International Headquarters 100 Barr Harbor Drive PO Box C700 West Conshohocken, PA 19428-2959 Order at https://store.astm.org/d8152-18.html PDF download available for $80.00 Hardcopy available for $80.00 + S&H |
|
1504.14(e)(6) |
ASTM D8550-25, “Standard Test Method for
Determination of Infiltration Rate and Calculating Field Hydraulic
Conductivity of Field Soils by Sealed Single-Ring Infiltrometer and Multiple
Pressure Head Procedure” (August 2025) |
American Society for Testing and Materials (ASTM)
International Headquarters 100 Barr Harbor Drive PO Box C700 West Conshohocken, PA 19428-2959 Order at https://store.astm.org/d8550-25.html PDF download available for $80.00 Hardcopy available for $80.00 + S&H |
|
1504.14(g)(1) |
ASTM D2434-22, “Standard Test Methods for
Measurement of Hydraulic Conductivity of Coarse-Grained Soils” (April
2022) |
ASTM International Headquarters 100 Barr Harbor Drive PO Box C700 West Conshohocken, PA 19428-2959 Order at https://store.astm.org/d2434-22.html PDF download available for $80.00 Hardcopy available for $78.00 + S&H |
|
1505.04(b) 1505.06(j) 1508.08(o)(1) |
Standard Specifications for Road and Bridge
Construction, Table 304-1 (March 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 https://www.dot.nh.gov/about-nh-dot/divisions-bureaus-districts/highway-design/highway-standard-specifications/2016 |
|
1507.03(j)(1) & (2) |
General Permits for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems in New Hampshire, known as the NH MS4
General Permit (December 7, 2020) |
U.S.
EPA Available
at no cost at: https://www.epa.gov/npdes-permits/new-hampshire-small-ms4-general-permit |
|
1508.05(a) |
“UNHSC Subsurface Gravel Wetland Design
Specifications” (January 2022) |
University
of N. H. Stormwater Center Gregg
Hall 35
Colovos Road Durham,
NH 03824-3534 Available
at no cost at https://scholars.unh.edu/stormwater/74/ |
|
1508.06(a) |
“Standard Detail, Bioretention ISR Stormwater
System” in the “UNH Stormwater Center Hybrid Bioretention Template” (February
2020) |
University
of N. H. Stormwater Center Gregg
Hall 35
Colovos Road Durham,
NH 03824-3534 Available at no cost at https://scholars.unh.edu/stormwater/73/ |
|
1508.06(g)(3) |
Appendix
D of the United States Army Corps of Engineers Engineering Manual
EM-1110-2-1913 (April 2000) |
U.S.
Army Corps of Engineers Available
at no cost at: https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-2-1913.pdf |
|
1508.08(m)(7)d. |
National List of Plant Species That Occur in
Wetlands: Northeast (Region 1) (May 1988) |
U.S.
Department of the Interior U.S.
Fish and Wildlife Service Available
at no cost at: https://www.fws.gov/media/national-list-plant-species-occur-wetlands-northeast-region-1 |
|
1508.08(n)(1) |
UNHSC Design Specifications for Porous Asphalt Pavement and
Infiltration Beds (February 2014, revised September 2016) |
University
of N. H. Stormwater Center Gregg
Hall 35
Colovos Road Durham,
NH 03824-3534 Available
at no cost at https://scholars.unh.edu/stormwater/13/ |
|
1508.08(o)(2) |
ACI SPEC-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 $47.50 (non-members) or $31.00 (members) for: https://www.concrete.org/store/productdetail.aspx?ItemID=522113 |
|
1508.11(c)(1)a. |
Quality
Assurance Project Plan: The University of New Hampshire Stormwater Center
(November 2017) |
University
of N. H. Stormwater Center Gregg
Hall 35
Colovos Road Durham,
NH 03824-3534 No
cost to download from: https://scholars.unh.edu/stormwater/132/ |
|
1508.11(c)(1)b. |
The
Technology Acceptance and Reciprocity Partnership (TARP) Protocol for
Stormwater Best Management Practice Demonstrations (July 2003) |
The
Technology Acceptance and Reciprocity Partnership No
cost to download from: https://www.mass.gov/files/documents/2016/08/rd/swprotoc.pdf |
|
1508.11(c)(1)c. |
Technical
Guidance Manual for Evaluating Emerging Stormwater Treatment Technologies,
Technology Assessment Protocol Ecology (TAPE) (November 2024) |
Washington
State Department of Ecology No
cost to download from: https://apps.ecology.wa.gov/publications/documents/1810038.pdf |
|
1511.06(a) |
National
Engineering Handbook, Part 654 Stream Restoration Design, Chapter 8 Threshold
Channel Design (August 2007) |
U.S. Department of Agriculture, No cost to download from: https://directives.nrcs.usda.gov//sites/default/files2/1720613324/Chapter%2008%20-%20Threshold%20Channel%20Design.pdf |
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:
I. “Ambient groundwater quality standards” means
maximum concentration levels for regulated contaminants in groundwater which
result from human operations or activities, as delineated in RSA 485-C:6.
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. (a) The department shall charge a fee for
applications, including project inspections, required under this section. For
projects that qualify for a permit by notification allowed by paragraph II-a,
the application fee for a permit by notification shall be $3,125. Except for
projects that qualify for a permit by notification allowed by paragraph II-a,
the fee for [applications encompassing an area of at least [150,000 square feet
but less than 200,000 square feet shall be $6,250. An additional fee of $2,500
shall be assessed for each additional area of up to 100,000 square feet to be
disturbed. For any property subject to RSA 483-B:9, the fee for review of plans
encompassing an area of at least 50,000 square feet but less than 150,000
square feet shall be $5,000. For all other projects, the fee shall be $500 plus
$0.005 per square foot of disturbance. No application shall be accepted 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 water resources fund established in RSA 482-A:3, III.
(b) The department shall charge a non-refundable fee
of $500 for each request to amend a permit that requires plans to be reviewed.
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.