CHAPTER Env-Wq 1500
ALTERATION OF TERRAIN
Statutory Authority: RSA 485-A:6, VIII; RSA 485-A:17
Revision Note #1:
Document
#9343, effective 1-1-09, readopted with amendments and redesignated former Part
Env-Ws 415 entitled “Permits for RSA 485-A:17
Activities” as Chapter Env-Wq 1500, pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05 and changed the chapter heading to Alteration of Terrain. Document #9343 replaced all prior filings in
the former Env-Ws 415.
The
prior filings for former Env-Ws 415 included the
following documents:
#1751,
eff 5-4-81
#2670,
eff 4-12-84, EXPIRED: 4-12-90
#4833,
eff 6-4-90
#6261,
INTERIM, eff 6-1-96, EXPIRED: 9-29-96
#6346,
eff 10-1-96, EXPIRED: 10-1-04
#8191,
INTERIM, eff 10-20-04, EXPIRES: 4-18-05
#8290,
eff 2-24-05
Revision Note #2:
Document
#9817-A, effective 12-1-10, adopted, amended, or readopted with amendments
selected rules in Env-Wq 1501 through Env-Wq 1504, Env-Wq 1507, and Env-Wq 1508. The new rules adopted in #9817-A are Env-Wq
1501.03, Env-Wq 1503.32, and Env-Wq 1504.04.
The adoption of new rules required the renumbering of existing rules in
Env-Wq 1500, including rules with amendments in Document #9817-A and rules
which were not in Document #9817-A. The
source notes for rules renumbered by Document #9817-A indicate the former rule
number. The source notes for rules only renumbered, but not amended or
readopted, by Document #9817-A do not have the effective date of Document
#9817-A.
Document
#9817-A readopted with amendments and renumbered most of the former Env-Wq
1503.21 as Env-Wq 1503.21 and Env-Wq 1503.22. Document #9817-A also readopted
with amendments and renumbered most of the former Env-Wq 1503.22 and Env-Wq
1503.23 as Env-Wq 1503.23 through Env-Wq 1503.26, and Env-Wq 1503.28.
Document
#9817-B, effective 12-1-10, readopted with amendments and renumbered the former
Env-Wq 1503.21(f), Env-Wq 1503.22(b), and Env-Wq 1503.23(b) in a new rule numbered Env-Wq 1503.27.
Revision Note #3:
Document
#12342, effective 8-15-17, adopted, readopted, or readopted with amendments all
of the rules in Chapter Env-Wq 1500 and required renumbering of many existing
rules in that chapter, including the former rule Env-Wq 1507.08 Long-Term
Maintenance was readopted with amendments and renumbered as Env-Wq 1507.07,
which had been a reserved number. Former
Env-Wq 1508.04 Stormwater Treatment Practices: Stormwater Wetlands was readopted with
amendments and renumbered as two rules—Env-Wq 1508.04 Stormwater Treatment
Practices: Stormwater Wetlands and
Env-Wq 1508.05 Stormwater Treatment Practices: Gravel Wetlands. The source notes for rules renumbered by
Document #12342 indicate the former rule number. The rules in former Chapter Env-Wq 1500 which
had last been filed under Document #9343, effective 1-1-09, did not expire on
1-1-17 but were extended pursuant to RSA 541-A:14-a until replaced by the rules
in Document #12342, effective 8-15-17, which 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
1502.05 “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 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 Center’s
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 “Low-permeability fill” means fill that is well graded, granular soil
with high silt content that is free from foreign matter such as construction
debris, trash, wood, roots, leaves, and other organic matter meeting one of the
following:
(a) Is a mixture meeting the following sieve
analysis specification:
(1) 100% by weight shall pass the 3-inch sieve;
(2) From 80% to 100% by weight shall pass the
number 4 sieve;
(3) From 60% to 90% by weight shall pass the
number 40 sieve;
(4) From 40% to 60% by weight shall pass the
number 100 sieve; and
(5) From 25% to 45% by weight shall pass the
number 200 sieve; or
(b) Is a material having a hydraulic conductivity
below 0.028 ft/day.
Source. #14656,
eff 8-6-26, EXPIRES: 8-6-36
Env-Wq
1502.39 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.38)
Env-Wq 1502.40 “National Flood
Frequency program (NFF)” means a regression equation program developed by the 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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.39)
Env-Wq 1502.41 “NHEnviro” means an
online portal available on the department’s website at https://nhenviro.des.nh.gov through which applicants are required to submit all
documents and forms related to an AOT permit application and through which the
department communicates with applicants and their agents.
Source. #14656,
eff 8-6-26, EXPIRES: 8-6-36
Env-Wq
1502.42 “Non-community public water
supply well” means an active well used as a source by a non-community water
system as defined in RSA 485:1-a, X.
Source. #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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.40)
Env-Wq
1502.43 “Non-transient, non-community
public water supply well” means an active well used as a source by a
non-transient non-community water system as defined in RSA 485:1-a, XI.
Source. #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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.41)
Env-Wq
1502.44 “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);
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.42)
Env-Wq
1502.45 “Owner” means the person who
holds record title to the property on which the work for which RSA 485-A:17
requires a permit has occurred or is proposed to occur.
Source. #12342, eff
8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.45);
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.43)
Env-Wq
1502.46 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.44)
Env-Wq
1502.47 “Permit by notification” means a permit issued
in accordance with Env-Wq 1512.05(e).
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.45)
Env-Wq
1502.48 “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; renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.46)
Env-Wq
1502.49 “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;
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.47)
Env-Wq
1502.50 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq
1502.48)
Env-Wq
1502.51 “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;
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.49)
Env-Wq
1502.52 “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;
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.50)
Env-Wq
1502.53 “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;
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.51)
Env-Wq
1502.54 “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 1502.53); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36;
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.52)
Env-Wq
1502.55 “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; renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.53)
Env-Wq
1502.56 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.54)
Env-Wq
1502.57 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.55)
Env-Wq
1502.58 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.56)
Env-Wq
1502.59 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.57)
Env-Wq
1502.60 “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, XV; or
(c) Steep slope projects that do not qualify for
a general permit by rule pursuant to Env-Wq 1503.03(f).
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; ss by
#14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.58)
Env-Wq
1502.61 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.59)
Env-Wq
1502.62 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.60)
Env-Wq
1502.63 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.61)
Env-Wq
1502.64 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.62)
Env-Wq 1502.65 “Steep slope
project” means a project that involves 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:
(a) Is more than 2,500 square
feet in size;
(b) Any portion is within 50
feet of the reference line, as defined in RSA 483-B:4,
XVII;
(c) Is sloped such that runoff
is in the direction of the surface water; and
(d) 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. #14656, eff 8-6-26, EXPIRES: 8-6-36
Env-Wq
1502.66 “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); renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.63)
Env-Wq
1502.67 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.64)
Env-Wq
1502.68 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.65)
Env-Wq
1502.69 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.66)
Env-Wq
1502.70 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.67)
Env-Wq
1502.71 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.68)
Env-Wq
1502.72 “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);
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.69)
Env-Wq
1502.73 “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);
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.70)
Env-Wq 1502.74 “Timber harvesting operations” means silvicultural
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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.71)
Env-Wq
1502.75 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.72)
Env-Wq
1502.76 “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); renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.73)
Env-Wq
1502.77 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.74)
Env-Wq 1502.78 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.75)
Env-Wq
1502.79 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.76)
Env-Wq
1502.80 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.77)
Env-Wq 1502.81 “Vegetated filter strip” means an area of land
with natural or planted vegetation designed to receive sheet runoff from upgradient
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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.78)
Env-Wq
1502.82 “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;
renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.79)
Env-Wq
1502.83 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.80)
Env-Wq
1502.84 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.81)
Env-Wq
1502.85 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.82)
Env-Wq
1502.86 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.83)
Env-Wq
1502.87 “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; renumbered by #14656, eff 8-6-26, EXPIRES: 8-6-36
(formerly Env-Wq 1502.84)
Env-Wq
1502.88 “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; renumbered by #14656, eff
8-6-26, EXPIRES: 8-6-36 (formerly Env-Wq 1502.85)
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 1502.44. 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 meeting the definition in Env-Wq 1502.60(c), the area
of disturbance subject to an AOT permit shall be limited to the area of
activity that meets the definition in Env-Wq 1502.60(c).
(d) A disturbance shall be considered an
unpermitted disturbance if it is not a normal agricultural operation as defined
in Env-Wq 1502.44 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; ss by #14656, eff
8-6-26, EXPIRES: 8-6-36
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 a National Pollutant Discharge Elimination System (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 (square
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 is a steep slope project as defined in Env-Wq 1502.65 that meets
the following conditions:
(1) The project disturbs less than 50,000 square
feet, as calculated in accordance with Env-Wq 1503.12, overall;
(2) A shoreland permit pursuant to RSA 483-B has
been obtained before initiating any terrain alteration activity, including in
areas outside the protected shoreland;
(3) The submitted shoreland permit application
includes a steep slope erosion and sediment control plan, stamped by a
qualified engineer, that meets Env-Wq 1504.04;
(4) If the area of disturbance associated with the
construction of a retaining wall is within 50 feet of the reference line, as
defined in RSA 483-B:4, XVII, the shoreland permit application includes a
grading plan and retaining wall detail that has been stamped by a qualified
engineer;
(5) No infiltration practice or filtering practice
that infiltrates stormwater shall be located in areas with slopes greater than
15%, unless calculations are provided with the shoreland permit application,
stamped by a qualified engineer, demonstrating that resulting seepage forces do
not cause slope instability;
(6) An environmental monitor is employed to ensure
compliance with Env-Wq 1505.01 who shall:
a. Inspect the project site at least once each
week from the start of terrain alteration activities in the protected shoreland
until such activity is complete and stabilized;
b. In addition to regular weekly inspections,
inspect the project site during any rain event in which a half 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;
c. Prepare a written inspection report for each
inspection, stamped by a qualified engineer or a CPESC specialist, that:
1. Describes the progress of the project,
including whether all conditions of the shoreland permit are being met and, if
not, which requirements are not being met;
2. If any requirements are not being met,
explains the corrective actions that shall be taken to bring the project into
compliance with applicable requirements and the deadline by which such actions
will be completed; and
3. Includes photographs of the site that are
representative of the project; and
(7) The permit holder:
a.
Implements any corrective actions recommended by the environmental
monitor within 24 hours or the deadline requested in the inspection report or
implements alternative methods to ensure compliance with Env-Wq 1505.01 and
Env-Wq 1507.01; and
b.
Provides any inspection reports prepared by the environmental monitor
within 72 hours of receiving a request from the department for such reports;
(g) The project does not qualify under (a)
through (f), 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 1502.60(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;
(h) 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;
(i) 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 (g)(1) or (3), above;
(j) The work is limited to transporting forest
products as defined in Env-Wq 1502.77; or
(k)
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; ss by #14656, eff
8-6-26, EXPIRES: 8-6-36
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 online through NHEnviro.
(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) The
information required in (e)(2), below, if the application is for a permit by
notification and the project is located within a
river corridor of a designated river as defined in RSA 483:4, VIII; and
(5) The fee
required by RSA 485-A:17, II(a).
(d) If any portion
of a project is located within a river corridor of a designated river as
defined in RSA 483:4, VIII, the applicant for a standard permit shall:
(1) Submit
a copy of the plans required pursuant to Env-Wq 1503.11 and the application
receipt with the NHEnviro submission number to the appropriate local river
advisory committee no later than 3 days after submitting the application in
NHEnviro; and
(2) Obtain proof of delivery in accordance with
(g), below, and submit this documentation within 3 days of receipt of a request
from the department.
(e) If any
portion of a project is located within a river corridor of a designated river
as defined in RSA 483:4, VIII, the applicant for a permit by notification
shall:
(1) Submit a copy of the plans required
pursuant to Env-Wq 1503.11 and a copy of the stormwater management report of
the project to the appropriate local river advisory committee at least 40 days
prior to filing the application with the department; and
(2) Obtain
proof of delivery in accordance with (g), below, and submit this documentation
in NHEnviro when applying for a permit by notification.
(f)
An applicant for a permit by notification may submit their application before the 40 days in (e), 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 confirming that the comments were
addressed in a manner that the proposed activity would not violate a protection
measure as specified in RSA 483:12-a; or
(2) Received
written documentation from the local river advisory committee that it does not
have any comments for consideration.
(g)
To satisfy the proof of delivery requirements in (d)(2) and (e)(2), above,
acceptable proof of delivery shall include:
(1) A copy
of the certified mail receipt for each copy that was sent by certified mail;
(2) A copy
of the delivery confirmation for each copy that was sent via a private delivery
service; or
(3) A
statement signed by the applicant that the copy was delivered in hand for each
copy that was hand-delivered.
(h) Upon receipt of a complete application for an
AOT permit, the department shall send notice through NHEnviro that includes a link to the application to the affected municipalities
in accordance with RSA 541-A:39.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 August 2026, through NHEnviro.
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); ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
Env-Wq
1503.07 Additional Information
Required for AOT Permit Applications.
The applicant shall submit through NHEnviro 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) Plans as
specified in Env-Wq 1503.11, as applicable for the proposed project, formatted
to print on 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) 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 pursuant to RSA 483-B:5-b;
(i) For projects that
involve infiltration of stormwater via subsurface leaching or distribution
structures, proof that the applicant has submitted the required information to
obtain a discharge registration if required pursuant to Env-Wq 402.33(a)(1) or
(c) or pursuant to Env-Wq 404 relative to underground injection control;
(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,”
2019 and “New Hampshire Coastal Flood Risk Summary, Part II: Guidance for Using
Scientific Projections,” 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;
or
(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, as defined in Fis 1002.04, threatened and endangered species;
(n) Groundwater recharge volume calculations in
accordance with Env-Wq 1504.12;
(o)
Completed applicable stormwater management design worksheets from the
“Stormwater Management Design Workbook” form, NHDES-W-01-004, dated August 2026
for each proposed stormwater treatment practice, as available at https://onlineforms.nh.gov/nform?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;
(r) If any portion of the project is located
within a river corridor of a designated river as defined by RSA 483:4, VIII, all communication received by the local
river advisory committee regarding the project and the applicant’s response, if
one was provided;
(s)
If the use of flocculants is proposed,
the information required in Env-Wq 1506.13; and
(t)
At the request of the department, a
paper copy of any information required above.
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); ss by
#14656, eff 8-6-26, EXPIRES: 8-6-36
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 in 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 is 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;
(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, file a complaint with the office of
professional licensure and certification pursuant to RSA 310:9; or
d. Undertake
any combination of a. through c., above; and
(3) The
signer understands that the documents being submitted are considered public
records under New Hampshire’s Right-to-Know Law, RSA 91-A, and shall be made
available for public inspection and copying.
Source. #9343, eff
1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 definition in
Env-Wq 1502.60(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 the 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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
Env-Wq
1503.12 Measurement of Area
Disturbed; Inclusion in Plans.
(a) Subject to (b) through (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 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 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 30 days of receiving notice pursuant to (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 shall 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;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 the department reviewing a submitted
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 department 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;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 the 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;
(9) For
excavation, grading, and reclamation plans, the footprint originally approved
is not expanded more than 50 feet in any direction;
(10) If it is determined after permit issuance
that the use of flocculants is needed, then the permit holder needs to submit
the information required by Env-Wq 1506.13; and
(11) The
conservation measures listed on the approved plan in accordance with Env-Wq
1503.19(h) need to be amended.
(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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
Env-Wq 1503.23 Notification;
Certifications.
(a) Prior to commencing any work under the
permit, the permit holder or permit holder’s agent shall notify the department
by submitting through NHEnviro a “Alteration of Terrain Start of Construction
Notification” form, NHDES-W-01-005, dated August 2026.
(b) Upon completion of construction, the permit
holder or permit holder’s agent shall submit to the department through NHEnviro
an “Alteration of Terrain Completion of Construction Notification” form,
NHDES-W-01-006, dated August 2026, 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, in addition to
any information required pursuant to (c), below.
(c) The permit holder or permit holder’s agent
shall also submit the following to the department through NHEnviro, as applicable:
(1) If
insignificant deviations from the approved plans were made, as-built drawings
and a description of all deviations from the approved plans that have been
stamped by a qualified engineer if the approved plans were stamped by a
qualified engineer; and
(2) 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); ss by #14656, eff
8-6-26, EXPIRES: 8-6-36
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)
Extend the permit duration.
(b)
To apply for an amended permit, the person requesting the amendment
shall complete an “Alteration of Terrain Amendment Request Form”,
NHDES-W-01-001, dated August 2026, and submit it through NHEnviro, in addition
to any information required per Env-Wq 1503.25, Env-Wq 1503.26, or Env-Wq 1503.27.
(c)
Upon receipt of an application to amend a permit, the department shall send
notice through NHEnviro to the affected municipalities in accordance with RSA
541-A:39 that includes a link to the application.
(d) If
the request to amend the permit is approved, the department shall amend the
permit as requested and send notice through NHEnviro that includes a link to
the amended permit to the permit holder and to the affected municipalities.
(e) 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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 do the
following in addition to submitting the form in Env-Wq 1503.24(b):
(1) If any portion of a project is located within
a river corridor of a designated river as defined in RSA 483:4, VIII, notify
the appropriate local river advisory committee that an amendment request is
being submitted through NHEnviro and include the permit number;
(2) If the
revised area of disturbance is outside the area allowed to be disturbed under
the original permit, submit through NHEnviro 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;
(3) Submit through NHEnviro revised plans with the
changes highlighted;
(4) Submit through NHEnviro revised calculations,
if applicable; and
(5) 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 pursuant to 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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 ongoing 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 submit through
NHEnviro the form required in Env-Wq 1503.24(b) and any additional information
required pursuant to (b), below, prior to the expiration of the permit, but no
more than 90 days prior to the expiration of the permit.
(b) If any work
on the property has been done, the applicant shall also submit through NHEnviro
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 CPESC specialist, or a
qualified engineer, based on an inspection of the site without snow cover, that
contains:
(1) 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;
(2) 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
(3) Photographs
of the site that are representative of the project.
(c) 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 (b), above; and
(7) The permit
has not previously been extended.
(d) 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 (c)(1) through (6) 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.
(e)
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.
(f) If a request for amendment 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 the requirements of this chapter effective
at the time of the new application.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 through NHEnviro 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 submitted through NHEnviro
shall:
(1) Include the
information 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 required by (b), above, shall
include the following:
(1) A completed
and signed “Excavation, Grading, Reclamation Reporting Form”, NHDES-W-01-009,
dated August 2026;
(2) 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
(3) 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)(1), 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)(3), 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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 ongoing, 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 1502.60(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 setbacks
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 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
1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq
1504.08); 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
1504.10 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
1-1-09; renumbered by #9817-A (formerly Env-Wq 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 of 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
1-1-09; renumbered by #9817-A (formerly Env-Wq 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-Wq 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 D3385-18 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
Philip 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 Methods for Measurement of
Hydraulic Conductivity of 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 all of the following
erosion and sediment control notes that are applicable:
(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 control measures 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 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:
“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, all of 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, each of 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 inch.”
(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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 1504.18); 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 control measures 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; ss by #14656, eff 8-6-26, EXPIRES:
8-6-36
Env-Wq
1505.03 Limitations on Open Area.
(a) For projects other than for the ongoing
excavation or mining of earth materials, 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:2, X, 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)
An 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, explains
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; ss by #14656, eff 8-6-26,
EXPIRES: 8-6-36
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
(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 through 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 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
(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) This section establishes the requirements that shall be met for the
department to approve the use of flocculants as part of a permit application or
a request to amend a permit.
(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 the permit.
(c) The
applicant shall
demonstrate 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)
Flocculants shall not be used as a sediment control measure unless it is
approved by the department and included as part of the permit.
(f) The
applicant or permit holder, as applicable, shall submit the following for each
type of flocculant 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 the performance of the flocculant;
(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 inhibition concentration 25% (IC25)
or no observable effects concentration (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 nephelometric turbidity units (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; ss by #14656, eff 8-6-26,
EXPIRES: 8-6-36
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) Be located in 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 a violation of an ambient
groundwater quality standard (AGQS) 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 AGQS 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;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 areas 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 demonstrate
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 established 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 meets 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 incorporates
a denitrification process; or
(4) Treatment practices supported by a pollutant
loading analysis completed in accordance with (j) below, that demonstrate:
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, stormwater practices listed in Env-Wq 1508.05
or Env-Wq 1508.06 will be used 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 practices:
(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 substation
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 with 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 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 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; ss by #14656, eff 8-6-26, EXPIRES:
8-6-36
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 storms 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 watertight designs that allow for shutdown 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 required when stormwater discharge includes runoff from any source other
than pervious surfaces or roof areas;
(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 used, then the extended detention volume shall:
(1) Not comprise more than 50% of the WQV; and
(2) Subject to (d) below, discharge through an
outlet that provides:
a. A minimum drawdown time of 24 hours; and
b. 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)
If (c)(2), above, requires an outlet with an orifice having a diameter smaller
than 1 inch, an outlet with a 1-inch diameter orifice shall be used instead;
(e)
The perimeter of each pond shall be curvilinear;
(f)
The side slopes of the pond shall be no steeper than 3:1 and no flatter
than 20:1;
(g)
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;
(h)
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;
(i) The permanent pool depth shall not be greater
than 8 feet;
(j)
The inlet and outlet shall be located as far apart as possible;
(k)
Energy dissipation shall be provided at the inlet and outlet to prevent
scour;
(l)
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;
(m)
If elevations allow, a manually-controlled drain shall be provided to
dewater the pond over a 24-hour period;
(n)
The stormwater pond shall be able to discharge the 50-year, 24-hour
storm without overtopping the embankment crest; 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 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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 required when stormwater discharge includes runoff from any source other
than pervious surfaces or roof areas;
(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 the extended detention volume shall:
(1) Not comprise more than 50% of the WQV; and
(2) Subject to (d) below, discharge through an
outlet that provides:
a. A minimum drawdown time of 24 hours; and
b. 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)
If (c)(2), above, requires an outlet with an orifice having a diameter
smaller than 1 inch, an outlet with a 1-inch diameter orifice shall be used
instead;
(e)
The perimeter of each wetland shall be curvilinear;
(f)
The side slopes of each wetland shall be no greater than 3:1 and no
flatter than 20:1;
(g)
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;
(h)
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;
(i) The permanent pool depth shall not be greater
than 8 feet;
(j)
The inlet and outlet shall be located as far apart as possible;
(k)
Energy dissipation shall be provided at the inlet and outlet to prevent
scour;
(l)
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;
(m)
If elevations allow, a manually-controlled drain shall be provided to
dewater the pond over a 24-hour period;
(n)
The stormwater wetland shall be able to discharge the 50-year, 24-hour
storm without overtopping the embankment crest;
(o)
The maximum water surface elevation shall not extend more than 4 feet
above the permanent pool during the 50-year, 24-hour storm; and
(p)
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; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 required when
stormwater discharge includes runoff from any source other than pervious
surfaces or roof areas;
(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; ss by #14656, eff
8-6-26, EXPIRES: 8-6-36
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) through (g) below;
(b) Pretreatment as described in Env-Wq 1508.12 through
Env-Wq 1508.16 shall be required when stormwater discharge includes runoff from
any source other than pervious surfaces or roof areas;
(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 and 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 inches of the filter material; and
(3)
The iron filings shall be sized in
accordance with Appendix D “Filter Design” of the U.S. Corps of Engineers
Engineering Manual EM-1110-2-1913, 2000, 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; ss by #14656, eff 8-6-26,
EXPIRES: 8-6-36
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 required when stormwater discharge includes
runoff from any source other than pervious surfaces or roof areas;
(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; ss by #14656, eff 8-6-26, EXPIRES:
8-6-36
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 required
when stormwater discharge includes runoff from any source other than pervious
surfaces or roof areas, unless:
(1) The practice is pervious pavement; or
(2)
The practice is a tree box filter;
(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 or
low-permeability fill, (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 by 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,” 2016, Table 304-1, item
number 304.1, available as noted in Appendix B, modified to have 0-6% passing
the number 200 sieve;
(2) The practice
shall be designed and installed in accordance with American Concrete Institute,
522.1-13, “Specification for Pervious Concrete Pavement,” 2013, available as
noted in Appendix B;
(3) The
practice shall be installed by a contractor certified in pervious concrete
installation by the National Ready Mix Concrete Association (NRMCA);
(4) The
thickness of the filter course shall be at least 12 inches; and
(5) The ratio
of the total contributing area to the area of the pervious surface shall be no
more than 5:1; and
(p)
If the practice includes a 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; ss by #14656, eff 8-6-26, EXPIRES:
8-6-36
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 operational
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) If untreated stormwater is directed to a
detention basin, it shall have an impermeable liner or low-permeability fill;
(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 that complies 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; ss by
#14656, eff 8-6-26, EXPIRES: 8-6-36
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 submitted in
writing through NHEnviro 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; ss by #14656,
eff 8-6-26, EXPIRES: 8-6-36
Env-Wq 1509.03
Content and Format of Waiver Requests.
(a) The person requesting the waiver shall provide
the following information to the department through NHEnviro:
(1) The submission 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;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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) and 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 and 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 submitted in writing through NHEnviro 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;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
Env-Wq
1509.07 Content and Format of
Deadline Extension Requests.
(a) The person requesting the deadline extension
shall submit the following information to the department through NHEnviro:
(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 submission 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;
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 shutoff 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 solar
array shall be assigned as follows:
(1) If
conditions of sheet flow exist for the solar array, pursuant to Env-Wq 1511.04,
the curve number for the solar array area shall be determined as follows:
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 Chapters, 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 curve
number shall be calculated using the formula CN = CNp
+ 0.15 * (98-CNp), rounded to the nearest whole number, where:
1. CN = curve number for the solar array; and
2.
CNp = curve number of the land beneath the
solar panels.
(2) If
conditions of sheet flow do not exist for the solar array, pursuant to Env-Wq
1511.04, the curve number for the solar array area shall be based on the
following land cover:
a. For land slopes less than or equal to 5%, the curve
number shall be calculated using the formula in (1)b. above; 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 pervious, unconnected, and connected land
cover types present; 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);
ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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
through NHEnviro:
(1)
The form required in Env-Wq 1503.06;
(2)
The other information required pursuant to Env-Wq 1503.05 as PDF files
with text that is searchable through optical character recognition (OCR);
(3) The attestation statements required in (b),
below; and
(4)
The application fee required pursuant to RSA 485-A:17, II(a).
(b) The applicant, qualified
engineer, or other qualified professional licensed to practice in the state of
New Hampshire shall attest that:
(1) They have reviewed Env-Wq
1512.03, and the project meets the eligibility requirements in Env-Wq 1512.03;
(2) The project is not part of a
larger plan of development that exceeds 150,000 square feet, unless the project
is being submitted as a solar project pursuant to Env-Wq 1512.03(a)(2);
(3) The information required in
(a), above, is submitted with this application;
(4) Work has not started for
which a permit is required but was not obtained;
(5) 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;
(6) 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;
(7) 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;
(8) Cold weather site
stabilization measures, as specified in Env-Wq 1505.06, will be implemented as
part of the project if applicable;
(9) 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;
(10) 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;
(11) The project meets the
requirements and intent of RSA 430:51-57 and Agr 3800
relative to invasive species;
(12) 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, as defined
in Fis 1002.04, threatened and endangered species, if applicable;
(13) The applicant has the legal
right to undertake the project on the property; and
(14) No reason specified in
Env-C 209 exists for denying the permit.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
Env-Wq 1512.05 Processing
a PBN Application.
(a) 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.
(b)
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.
(c) If the department determines that any of the requirements
in (b), above, are not met, the department shall reject the PBN application and
return the fee.
(d)
If the PBN application is rejected, the notice shall specify the
reason(s) for the rejection.
(e) 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) through (j); and
(3)
The requirements in Env-Wq 1500 shall apply to the PBN.
Source. #14472, eff
1-19-26, EXPIRES: 1-19-36; ss by #14656, eff 8-6-26, EXPIRES: 8-6-36
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 result 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
1-19-26, EXPIRES: 1-19-36
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 a 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 1513-1, 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 |
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 (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 (2020) |
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) |
Site-Specific Soil Mapping Standards for New
Hampshire and Vermont, Special Publication No. 3, Version 7.0 (July 2021) |
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) |
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. |
National Engineering Handbook, Part 630, Hydrology
Chapters, amended March 2020 |
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: 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) |
Appendix F of 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) |
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, Filter Design, of the U.S. Corps of Engineers Engineering Manual
EM-1110-2-1913 (2000) |
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) |
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) |
Available at no cost at https://scholars.unh.edu/stormwater/13/ |
|
1508.08(o)(1) |
Standard Specifications for Road and Bridge Construction,
Table 304-1 (2016) |
N.H. Department of Transportation John O. Morton Building PO Box 483 | 7 Hazen Drive Concord, NH 03302-0483 Available at no cost at https://www.dot.nh.gov/about-nh-dot/divisions-bureaus-districts/highway-design/highway-standard-specifications/2016 |
|
1508.08(o)(2) |
522.1-13, Specification for Pervious
Concrete Pavement (2013) |
American Concrete Institute 38800 Country Club Dr. Farmington Hills,
MI 48331-3439 Phone: 1.248.848.3700 Fax: 1.248.848.3701 Purchase for $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.