Appendix_NH_Code_of_Admin_Env-Wq_1500.pdf

NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

i Env-Wq 1500

TABLE OF CONTENTS

CHAPTER Env-Wq 1500 ALTERATION OF TERRAIN

PART Env-Wq 1501 PURPOSE AND APPLICABILITY

Env-Wq 1501.01 Purpose

Env-Wq 1501.02 Applicability Env-Wq 1501.03 Calculation of Time

PART Env-Wq 1502 DEFINITIONS Env-Wq 1502.01 100-year Floodplain Env-Wq 1502.02 Alteration of Terrain (AOT) Permit Env-Wq 1502.03 Antidegradation Env-Wq 1502.04 Assimilative Capacity Env-Wq 1502.05 Bioretention System Env-Wq 1502.06 Borrow Area Env-Wq 1502.07 Bulk Plant or Terminal Env-Wq 1502.08 Certified Professional Erosion and Sediment Control Specialist (CPESC Specialist) Env-Wq 1502.09 CHECK-RAS Env-Wq 1502.10 Community Public Water Supply Well Env-Wq 1502.11 Curve Number (CN) Env-Wq 1502.12 Department Env-Wq 1502.13 Detention Basin Env-Wq 1502.14 Disconnected Impervious Cover Env-Wq 1502.15 Dredge Env-Wq 1502.16 Earth Moving Env-Wq 1502.17 Effective Impervious Cover Env-Wq 1502.18 Excavate Env-Wq 1502.19 Fill Env-Wq 1502.20 Filtering Practices Env-Wq 1502.21 Forest Buffer Env-Wq 1502.22 General Permit by Rule Env-Wq 1502.23 Gravel Wetland Env-Wq 1502.24 Groundwater Protection Areas Env-Wq 1502.25 Groundwater Recharge Volume (GRV) Env-Wq 1502.26 High-load Area Env-Wq 1502.27 Hydrologic Engineering Centers River Analysis System (HEC-RAS) Env-Wq 1502.28 Impervious Cover Env-Wq 1502.29 In or on the Borders of Surface Waters of the State Env-Wq 1502.30 Infiltration Basin Env-Wq 1502.31 Infiltration Trench Env-Wq 1502.32 Infiltration Practices Env-Wq 1502.33 In-ground Basin Env-Wq 1502.34 Land Surface Env-Wq 1502.35 Larger Plan of Development Env-Wq 1502.36 Meadow Buffer Env-Wq 1502.37 National Flood Frequency Program (NFF) Env-Wq 1502.38 Non-community Public Water Supply Well Env-Wq 1502.39 Non-transient, Non-community Public Water Supply Well Env-Wq 1502.40 Normal Agricultural Operations Env-Wq 1502.41 Pollutant Env-Wq 1502.42 Private Water Supply Well Env-Wq 1502.43 Public Water Supply Well ii Env-Wq 1500

Env-Wq 1502.44 Public Water System Env-Wq 1502.45 Qualified Engineer Env-Wq 1502.46 Receiving Waters Env-Wq 1502.47 Regulated Substance Env-Wq 1502.48 Runoff Env-Wq 1502.49 Seasonal High Water Table (SHWT) Env-Wq 1502.50 Sediment Forebay Env-Wq 1502.51 Significantly Alter the Characteristics of the Terrain Env-Wq 1502.52 Site Specific Permit Env-Wq 1502.53 Slope Env-Wq 1502.54 Stabilized Env-Wq 1502.55 Stormwater Pond Env-Wq 1502.56 Stormwater Management System Env-Wq 1502.57 Stormwater Wetlands Env-Wq 1502.58 Substratum Env-Wq 1502.59 Surface and Filter Env-Wq 1502.60 Surface Waters of the State Env-Wq 1502.61 Timber Harvesting Operations Env-Wq 1502.62 Timber Harvesting Permit by Rule Env-Wq 1502.63 To Mine Env-Wq 1502.64 Total Impervious Cover Env-Wq 1502.65 To Transport Forest Products Env-Wq 1502.66 To Undertake Construction Env-Wq 1502.67 Underground Sand Filter Env-Wq 1502.68 Undisturbed Cover Env-Wq 1502.69 Vegetated Filter Strip Env-Wq 1502.70 Water Quality Inlet Env-Wq 1502.71 Water Quality Depth Env-Wq 1502.72 Water Quality Flow (WQF) Env-Wq 1502.73 Water Quality Standards Env-Wq 1502.74 Water Quality Volume (WQV) Env-Wq 1502.75 Wellhead Protection Area (WHPA) Env-Wq 1502.76 Well Production Volume

PART Env-Wq 1503 PERMIT REQUIREMENTS Env-Wq 1503.01 Applicability Env-Wq 1503.02 Permit Required Env-Wq 1503.03 General Permit by Rule Env-Wq 1503.04 Timber Harvesting Permit by Rule Env-Wq 1503.05 AOT Permit Application Procedures Env-Wq 1503.06 Application Checklist Env-Wq 1503.07 AOT Permit Application Form Env-Wq 1503.08 Additional Information Required for AOT Permit Applications Env-Wq 1503.09 Information Required for Projects Within the 100-year Floodplain Env-Wq 1503.10 Signatures Required Env-Wq 1503.11 Types of Plans Required Env-Wq 1503.12 Measurement of Contiguous Area Disturbed Env-Wq 1503.13 AOT Permit Applications: Filing and Processing Env-Wq 1503.14 Requests for Additional Information Env-Wq 1503.15 Response to Notice of Missing Information or Request for Additional Information Env-Wq 1503.16 Revisions to Applications Env-Wq 1503.17 Failure to Provide Information iii Env-Wq 1500

Env-Wq 1503.18 Notice of Opportunity to Comment on AOT Permit Application Env-Wq 1503.19 Criteria for Issuance of AOT Permits Env-Wq 1503.20 Issuance or Denial of Permits Env-Wq 1503.21 Notification; Certifications Env-Wq 1503.22 Amended Permits for Modifications to Approved Projects Env-Wq 1503.23 Permit Amendment for Change of Ownership Env-Wq 1503.24 Permit Expiration Env-Wq 1503.25 Permit Amendment to Extend Permit Duration Env-Wq 1503.26 Effect of Extension Request; Action on Request Env-Wq 1503.27 Amendment Request Form Env-Wq 1503.28 Duration of Permits for Excavation, Grading, and Reclamation Projects; Required

Updates Env-Wq 1503.29 Suspension or Revocation of Approvals Env-Wq 1503.30 Appeal Env-Wq 1503.31 After-the-Fact Applications Env-Wq 1503.32 Fees

PART Env-Wq 1504 PLANS AND CALCULATIONS Env-Wq 1504.01 Preparation of Reports and Plans; Scale; Construction Sequence Noted Env-Wq 1504.02 Land Conversation Erosion and Sediment Control Plans Env-Wq 1504.03 Excavation, Grading, and Reclamation Plans Env-Wq 1504.04 Steep Slope Erosion and Sediment Control Plans Env-Wq 1504.05 Detailed Development Plans Env-Wq 1504.06 Plan Information Env-Wq 1504.07 Deed Restrictions; Easements Env-Wq 1504.08 Source Control Plans Env-Wq 1504.09 Stormwater Drainage Report; Drainage Area Plans; Hydrologic Soil Group Plans Env-Wq 1504.10 Calculation of Water Quality Volume (WQV) Env-Wq 1504.11 Calculation of Water Quality Flow (WQF) Env-Wq 1504.12 Calculation of Groundwater Recharge Volume (GRV) Env-Wq 1504.13 Infiltration Feasibility Report Env-Wq 1504.14 Calculation of the Design Infiltration Rate Env-Wq 1504.15 Calculation of Percent Effective Impervious Cover (% EIC) and Percent

Undisturbed Cover (% UDC)

PART Env-Wq 1505 REQUIREMENTS TO PROTECT WATER QUALITY DURING TERRAIN

ALTERATION ACTIVITIES

Env-Wq 1505.01 Water Quality Degradation Prohibited Env-Wq 1505.02 Maximum Open Area Allowed Env-Wq 1505.03 Stabilization Env-Wq 1505.04 Stormwater Management and Erosion and Sediment Control Env-Wq 1505.05 Cold Weather Site Stabilization

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 Env-Wq 1506.02 Erosion Control Methods: Vegetation Env-Wq 1506.03 Erosion Control Methods: Temporary Erosion Control Blankets Env-Wq 1506.04 Sediment Control Methods: Silt Fences Env-Wq 1506.05 Sediment Control Methods: Erosion Control Mix Berms Env-Wq 1506.06 Sediment Control Methods: Straw or Hay Bale Barriers Env-Wq 1506.07 Sediment Control Methods: Temporary Check Dams Env-Wq 1506.08 Sediment Control Methods: Temporary Catch Basin Inlet Protection iv Env-Wq 1500

Env-Wq 1506.09 Sediment Control Methods: Temporary Construction Exits Env-Wq 1506.10 Sediment Control Methods: Temporary Sediment Trap Env-Wq 1506.11 Sediment Control Methods: Construction Dewatering Env-Wq 1506.12 Sediment Control Methods: Flocculants Env-Wq 1506.13 Other Erosion and Sediment Control Methods

PART Env-Wq 1507 REQUIREMENTS FOR PERMANENT METHODS FOR PROTECTING

WATER QUALITY

Env-Wq 1507.01 Water Quality Degradation Prohibited Env-Wq 1507.02 Criteria for Permanent Methods for Protecting Water Quality Env-Wq 1507.03 Stormwater Treatment Requirements Env-Wq 1507.04 Groundwater Recharge Requirements Env-Wq 1507.05 Channel Protection Requirements Env-Wq 1507.06 Peak Runoff Control Requirements Env-Wq 1507.07 Antidegradation Requirements – RESERVED Env-Wq 1507.08 Long-Term Maintenance

PART Env-Wq 1508 PERMANENT METHODS FOR PROTECTING WATER QUALITY Env-Wq 1508.01 Definition Env-Wq 1508.02 Setback Requirements from Water Supply Sources Env-Wq 1508.03 Stormwater Treatment Practices: Stormwater Ponds Env-Wq 1508.04 Stormwater Treatment Practices: Stormwater Wetlands Env-Wq 1508.05 Stormwater Treatment Practices: Infiltration Practices Env-Wq 1508.06 Stormwater Treatment Practices: Filtering Practices Env-Wq 1508.07 Stormwater Treatment Practices: Treatment Swales Env-Wq 1508.08 Stormwater Treatment Practices: Vegetated Buffers Env-Wq 1508.09 Other Stormwater Treatment Practices Env-Wq 1508.10 Pretreatment Practices: Sediment Forebays Env-Wq 1508.11 Pretreatment Practices: Vegetated Filter Strips Env-Wq 1508.12 Pretreatment Practices: Pretreatment Swales Env-Wq 1508.13 Pretreatment Practices: Flow-Through Devices Env-Wq 1508.14 Pretreatment Practices: Deep Sump Catch Basins Env-Wq 1508.15 Groundwater Recharge Practices Env-Wq 1508.16 Stormwater Control and Conveyance Practices: Detention Basins Env-Wq 1508.17 Stormwater Control and Conveyance Practices: Stone Berm Level Spreaders Env-Wq 1508.18 Stormwater Control and Conveyance Practices: Conveyance Swales Env-Wq 1508.19 Stormwater Control and Conveyance Practices: Earthen Terraced Slope or

Benching

PART Env-Wq 1509 WAIVERS AND DEADLINE EXTENSIONS Env-Wq 1509.01 Purpose Env-Wq 1509.02 Waiver Requests Env-Wq 1509.03 Content and Format of Waiver Requests Env-Wq 1509.04 Waiver Criteria Env-Wq 1509.05 Decision on Waiver Requests; Conditions Env-Wq 1509.06 Requests to Extend Deadlines Env-Wq 1509.07 Content and Format of Deadline Extension Requests Env-Wq 1509.08 Criteria for Deadline Extensions Env-Wq 1509.09 Decision on Deadline Extension Requests

1 Env-Wq 1500

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.

PART Env-Wq 1501 PURPOSE AND APPLICABILITY

Env-Wq 1501.01 Purpose. The purpose of these rules is to implement the intent of RSA 485-A:1 to protect drinking water supplies, surface waters, and groundwater by specifying the procedures and criteria for obtaining permits required by RSA 485-A:17.

Source. (See Revision Note #1 at chapter heading for Env- Wq 1500) #9343, eff 1-1-09

Env-Wq 1501.02 Applicability. These rules shall apply to any person proposing to:

(a) Dredge, excavate, place fill, mine, transport forest products, or undertake construction in or on the borders of surface waters of the state; or

(b) Significantly alter the characteristics of the terrain in such a manner as to impede the natural runoff or create an unnatural runoff.

2 Env-Wq 1500

Env-Wq 1501.03 Calculation of Time.

(a) Subject to (b), below, if any deadline or time period established in these rules falls or ends on a Saturday, Sunday, or other day on which state offices are closed, the deadline or time period shall be extended to the first following day on which state offices are open.

(b) A deadline or time period established by statute shall be extended only if the statute expressly provides for such an extension.

Source. (See Revision Note #2 at chapter heading for Env- Wq 1500) #9817-A, eff 12-1-10

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.

Env-Wq 1502.02 “Alteration of terrain (AOT) permit” means a permit issued under RSA 485-A:17 for projects that require a permit and do not qualify for a general permit by rule or a timber harvesting permit by rule.

Env-Wq 1502.03 “Antidegradation” means the provisions of the water quality standards that maintain and protect existing water quality and uses.

Env-Wq 1502.04 “Assimilative capacity” means the amount of a pollutant that can be added to a waterbody without causing violations of applicable water quality criteria.

Env-Wq 1502.05 “Bioretention system” means a shallow vegetated depression that treats stormwater as it flows through a soil media.

Env-Wq 1502.06 “Borrow area” means an area where soil material is removed to be used in other areas for construction purposes.

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.

3 Env-Wq 1500

Env-Wq 1502.08 “Certified professional erosion and sediment control specialist (CPESC specialist)” means an individual certified by the Certified Professional Erosion and Sediment Control Specialist Council as competent to develop and implement erosion and sediment control practices.

Env-Wq 1502.09 “CHECK-RAS” means the program designed by FEMA used to verify the validity of an assortment of parameters found in the HEC-RAS hydraulic modeling program, which can be downloaded for free at http://www.fema.gov/plan/prevent/fhm/frm_crdl.shtm.

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.

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).

Env-Wq 1502.12 “Department” means the department of environmental services.

Env-Wq 1502.13 “Detention basin” means a structure designed to hold stormwater.

Env-Wq 1502.14 “Disconnected impervious cover” means impervious cover that does not contribute directly to stormwater runoff from a site, but directs stormwater runoff to on-site pervious cover to infiltrate into the soil or be filtered by overland flow so 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.

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 wider, deeper, or cleaner by the removal of sand, silt, mud, rock, or other such material.

Env-Wq 1502.16 “Earth moving” means filling, grading, dredging, mining, excavation, construction, removal of topsoil, removal of stumps, or any other activity that results in a change to the preexisting ground conditions.

4 Env-Wq 1500

Env-Wq 1502.17 “Effective impervious cover” means all impervious cover that is not disconnected impervious cover.

Env-Wq 1502.18 “Excavate” means to dig out and remove to form a cavity, or to remove material from any land area.

Env-Wq 1502.19 “Fill” as a noun means any rock, soil, gravel, sand or other material that has been deposited or caused to be deposited by human activity.

Env-Wq 1502.20 “Filtering practices” means methods that capture and temporarily store the water quality volume and pass it through a bed of sand, soil, or other acceptable treatment media to remove pollutants from the water.

Env-Wq 1502.21 “Forest buffer” means a wooded area of land with a canopy cover and an undisturbed layer of vegetation covering the mineral soil.

Env-Wq 1502.22 “General permit by rule” means authorization to undertake alteration of terrain activities as specified in Env-Wq 1503.03.

Env-Wq 1502.23 “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.

Env-Wq 1502.24 “Groundwater protection areas” means:

(a) Wellhead protection areas for an active community and non-transient, non-community public water supply wells; and

(b) Areas of groundwater reclassified as GA1 or classified as GA2 pursuant to RSA 485-C and Env- Ws 420 or successor rules, Env-Dw 901.

Env-Wq 1502.25 “Groundwater recharge volume (GRV)” means the volume of water to be infiltrated at a site subsequent to development.

5 Env-Wq 1500

Env-Wq 1502.26 “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).

Env-Wq 1502.27 “Hydrologic Engineering Centers River Analysis System (HEC-RAS)” means a hydraulic modeling program developed by the US Army Corps of Engineers that is frequently used by 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/.

Env-Wq 1502.28 “Impervious cover” means a structure or a land surface with a low capacity for infiltration, including but not limited to compacted soils with a curve number of 98 or greater, pavement, roofs, roadways, and driveways.

Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq 1500) ss by #9817-A, eff 12-1-10

6 Env-Wq 1500

Env-Wq 1502.29 “In or on the borders of surface waters of the state” means within 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 may result from the activities occurring on the land.

Env-Wq 1502.30 “Infiltration basin” means an in-ground or underground basin that is at least 25 feet wide and at least 25 feet long to which runoff is discharged and which contains water while it percolates into the surrounding soil.

Env-Wq 1502.31 “Infiltration trench” means an in-ground or underground trench with a maximum width of 25 feet filled with stone to which runoff is either piped directly or flows overland, from which it percolates into the surrounding soil.

Env-Wq 1502.32 “Infiltration practices” means methods that capture and temporarily store the water quality volume before allowing it to infiltrate into the soil, such as infiltration basins and infiltration trenches.

Env-Wq 1502.33 “In-ground basin” means a basin that is in the ground but open to the atmosphere.

Env-Wq 1502.34 “Land surface” means the exposed surface of any land areas including road surfaces, parking lots, air strips, shopping centers, roofs, and any other surface, whether in a natural or developed state.

Env-Wq 1502.35 “Larger plan of development” means a project in which 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 disturbance of individual lots will not occur until after the construction and stabilization of all other items of construction associated with the subdivision are complete and:

(a) For properties not within the protected shoreland as defined in RSA 483-B, the total contiguous area to be disturbed, as described in Env-Wq 1503.12(a)(1) - (8) and calculated as described in Env-Wq 1503.12(d), will be less than 100,000 square feet; or

(b) For properties within the protected shoreland as defined in RSA 483-B, the total contiguous area to be disturbed, as described in Env-Wq 1503.12(a)(1) - (8) and calculated as described in Env-Wq 1503.12(d), will be less than 50,000 square feet.

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Env-Wq 1502.36 “Meadow buffer” means a land area that has a dense cover of grasses or a combination of grasses and shrubs or trees, that is mowed not more than twice per calendar year.

Env-Wq 1502.37 “National Flood Frequency program (NFF)” means a regression equation program developed by US Geological Survey that estimates flood-peak discharges for every state, which can be downloaded for free at http://water.usgs.gov/software/nff.html.

Env-Wq 1502.38 “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.

Env-Wq 1502.39 “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.

Env-Wq 1502.40 “Normal agricultural operations” as used in RSA 485-A:17 and this chapter means those activities that are necessary for an agricultural operation as defined in RSA 21:34-a, including the removal of trees and stumps from lands that are not wetlands solely for purposes of conversion to agriculture but excluding timber harvesting operations as covered by RSA 485-A:17, IV, provided the activities:

(a) Are not intended as a phase towards site development for a purpose other than agriculture;

(b) Will not significantly alter the characteristics of the terrain in such a manner as to impede the natural runoff or create an unnatural runoff by causing significant contour changes by filling, grading, or terracing, or any combination thereof, other than temporary impacts associated with construction allowed under (c), below; and

(c) Do not involve the erection of structures or the construction of roads that would convert more than 10,000 square feet to impervious cover.

Env-Wq 1502.41 “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.

Env-Wq 1502.42 “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.

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Env-Wq 1502.43 “Public water supply well” means an active well used as a source by a public water system.

Env-Wq 1502.44 “Public water system” means “public water system” as defined in RSA 485:1-a, XV.

Env-Wq 1502.45 “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.

Env-Wq 1502.46 “Receiving waters” means a river, stream, lake, pond, wetland, or any other surface water into which runoff is discharged.

Env-Wq 1502.47 “Regulated substance” means “regulated substance” as defined in Env-Ws 421.03(f) or successor rule, Env-Wq 401.03(h).

Env-Wq 1502.48 “Runoff” means any water on or flowing on or across the land surface.

Env-Wq 1502.49 “Seasonal high water table (SHWT)” means the top of the upper most soil horizon that contains 2% or more distinct or prominent redoximorphic features that increase in percentage with increasing depth.

Env-Wq 1502.50 “Sediment forebay” means a pool at the inlet end of a treatment structure that provides for initial settling of solids and even distribution of flow.

Env-Wq 1502.51 “Significantly alter the characteristics of the terrain” means to undertake any activity anywhere in the state that changes or disturbs the terrain so as to impede the natural runoff or create an unnatural runoff that has the potential to adversely affect water quality in surface waters of the state.

Examples of activities that significantly alter the characteristics of the terrain include, but are not limited to:

(a) Timber harvesting operations as covered by RSA 485-A:17, IV; and

(b) Earth moving activities that result in a temporary or permanent disturbance of:

(1) An area that:

a. Is more than 2,500 square feet in size;

b. Is within 50 feet of any surface water; and

9 Env-Wq 1500

c. Has a flow path 50 feet or longer disturbing a grade of 25% or greater, measured at 2-foot intervals; or

(2) An area that, over a 10 year period, cumulatively exceeds 100,000 square feet of contiguous area, or 50,000 square feet or more of contiguous area if any portion of the disturbance is within the protected shoreland as defined in RSA 483-B.

heading for Env-Wq 1500) amd by #9817-A, eff 12-1-10

Env-Wq 1502.52 “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.

Env-Wq 1502.53 “Slope” means the incline of a land area expressed as the ratio of horizontal distance to vertical distance.

Wq 500) #9343, eff 1-1-09

Env-Wq 1502.54 “Stabilized” means in a condition in which the soils on the site will not erode under the conditions of a 10-year storm.

Env-Wq 1502.55 “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.

Env-Wq 1502.56 “Stormwater management system” means the totality of stormwater treatment practices, stormwater conveyances, and groundwater recharge practices.

Env-Wq 1502.57 “Stormwater wetlands” means an artificial structure that is designed to capture runoff, which includes shallow marsh areas and may also incorporate small permanent pools, extended detention storage, and multi-cell submerged gravel wetlands.

Env-Wq 1502.58 “Substratum” means the part of the soil below the part of the soil profile in which the processes of soil formation are active.

Env-Wq 1502.59 “Surface sand filter” means a filtering practice that treats stormwater by settling out larger particles in a sediment chamber and then filtering stormwater through a sand media.

10 Env-Wq 1500

Env-Wq 1502.60 “Surface waters of the state” means surface waters of the state as defined in RSA 485-A:2, XIV and includes all areas regulated under RSA 482-A.

Env-Wq 1502.61 “Timber harvesting operations” means the cutting and removal of forest products;

the construction of bridges, fords, culverts, roads and landings; skidding, and other similar activities which have the potential to result in a significant alteration of the characteristics of the terrain. Timber harvesting operations do not include removal of timber or cordwood or other forest products for noncommercial personal use.

Env-Wq 1502.62 “Timber harvesting permit by rule” means authorization to undertake timber harvesting operations as specified in Env-Wq 1503.04.

Env-Wq 1502.63 “To mine” means to remove usable 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.

Env-Wq 1502.64 “Total impervious cover” means the sum of disconnected impervious cover plus effective impervious cover.

Env-Wq 1502.65 “To transport forest products” means to move or convey timber and related products within an area bounded by permanent roadways.

Env-Wq 1502.66 “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.

Env-Wq 1502.67 “Underground sand filter” means a filtering practice that treats stormwater as it flows through underground settling and filtering chambers.

Env-Wq 1502.68 “Undisturbed cover” means a natural land surface whose permeability has not been altered by human activity.

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Env-Wq 1502.69 “Vegetated filter strip” means an area of land with natural or planted vegetation designed to receive sheet runoff from up-gradient development.

Env-Wq 1502.70 “Water quality inlet” means an underground, multi-chambered tank designed to remove sediments from and reduce the amount of floatable solids in runoff.

Env-Wq 1502.71 “Water quality depth” means the depth associated with the water quality volume.

Env-Wq 1502.72 “Water quality flow (WQF)” means the peak flow rate associated with the water quality volume.

Env-Wq 1502.73 “Water quality 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.

Env-Wq 1502.74 “Water quality volume (WQV)” means the volume of water equivalent to the volume of runoff attributable to the first one inch of rainfall.

Env-Wq 1502.75 “Wellhead protection area (WHPA)” means “wellhead protection area” as defined in RSA 485-C:2, XVIII, namely “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.”

Env-Wq 1502.76 “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.

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PART Env-Wq 1503 PERMIT REQUIREMENTS

Env-Wq 1503.01 Applicability.

(a) The rules in this part relative to permit application submittal and review shall apply to:

(1) Any application filed after January 1, 2009; and

(2) Any application filed prior to January 1, 2009 that is not complete, as determined under Env- Ws 415.06 and Env-Ws 415.07, as of January 1, 2009, regardless of when the completeness determination is made.

(b) Any complete application filed prior to January 1, 2009 shall be reviewed based on the standards specified in Env-Ws 415 as effective February 24, 2005.

Env-Wq 1503.02 Permit Required.

(a) Subject to (b), below, no person shall dredge, excavate, place fill, mine, transport forest products, or undertake construction in or on the borders of surface waters of the state and no person shall undertake any activity that will significantly alter the characteristics of the terrain without a general permit by rule, a timber harvesting permit by rule, or an alteration of terrain (AOT) permit obtained in accordance with this chapter.

(b) No permit under these rules shall be required for normal agricultural operations as defined in Env- Wq 1502.40. If a project includes development which requires a permit and normal agricultural operations which do not need a permit, an application shall be submitted only for the development which requires a permit.

(c) For projects for which an AOT permit is required solely based on the criteria specified in Env-Wq 1502.51(b)(1), the area of disturbance subject to an AOT permit shall be limited to the area of activity that meets the criteria specified in Env-Wq 1502.51(b)(1).

(d) A disturbance shall be considered an unpermitted disturbance if it is not covered by an AOT permit or site specific permit, does not qualify for a general permit by rule or a timber harvesting permit by rule, and is:

(1) Outside the area depicted on the plans approved as part of an AOT permit per Env-Wq 1503.20(c) or site specific permit issued under Env-Ws 415;

(2) Not a normal agricultural operation as defined in Env-Wq 1502.40; or

(3) Not in accordance with approved plans and specifications.

(e) Any disturbance for which an AOT permit is required which 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.

heading for Env-Wq 1500); amd by #9817-A, eff 12-1-10

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:

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(a) The project is a utility project that meets all of the following conditions:

(1) The project 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 project 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 1505.04 relative to temporary methods for stormwater management and erosion and sediment control and Env-Wq 1505.05 relative to cold weather site stabilization, as applicable;

(6) All dewatering work associated with the project is covered under an NPDES permit for construction dewatering activities issued by the U.S. Environmental Protection Agency (EPA), if applicable;

(7) A wetlands 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, waiver, or variance required under RSA 483-B has been obtained prior to any work in areas subject to RSA 483-B jurisdiction;

(b) The project is an asphalt maintenance project that meets all of the following conditions:

(1) The project is limited to replacement of the existing asphalt surface to its existing grade;

(2) The project 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, removed base course gravels are replaced at the end of each working day;

(c) The project is a trail project that meets all of the conditions specified in RSA 485-A:17, V, namely that the project:

(1) Is for the purpose of modifying an existing biking or walking trail, or any combination thereof;

(2) Is implemented by a non-profit organization, municipality, or government entity;

(3) Disturbs an area no more than 12 feet in width; and

(4) Is conducted in accordance with procedures prescribed in the Best Management Practices For Erosion Control During Trail Maintenance and Construction, published by the New Hampshire department of resources and economic development (DRED), bureau of trails, 2004 (Trail BMPs);

(d) The project is a trail project that meets all of the following conditions:

(1) Subject to (6) and (7), below, the trail work is limited to a disturbed area no more than 30 feet wide;

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(2) The trail club or organization undertaking the work is recognized by the DRED bureau of trails;

(3) The trail is being constructed by DRED or is funded by a grant approved by DRED;

(4) The project is being implemented by a non-profit organization, municipality, or government entity;

(5) The work is done in accordance with the Trail BMPs;

(6) If the trail is greater than 20 feet wide, an environmental monitor shall:

a. Inspect the project site at least once every 14 days from the start of terrain alteration activities until all terrain alteration activities are completed and the trail is stabilized;

b. In addition to regular bi-weekly inspections, inspect the project once every 7 days during terrain alteration activities in or within 10 feet of a wetland;

c. In addition to regular bi-weekly inspections, inspect the project site during any rain event in which 0.5 inch of precipitation or more falls within a 24 hour period, provided that if the environmental monitor is unable to be present during such a storm, the monitor shall inspect the site within 24 hours of the rain event; and

d. Submit a written report, by a qualified engineer, a CPESC specialist, a certified wetland scientist, or an employee of the DRED bureau of 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

(7) If an environmental monitor is required by (6), above, the trail club or organization undertaking the work retains a copy of the report on-site for review during site inspections by federal, state, or local officials.

(e) The project does not qualify under (a) through (d), above, but meets all of the following conditions:

(1) The contiguous area disturbed, as calculated in accordance with Env-Wq 1503.12, is:

a. Less than 50,000 square feet if any of the area disturbed is within the protected shoreland that is subject to RSA 483-B jurisdiction; or

b. Less than 100,000 square feet in which all disturbed areas are outside the protected shoreland that is subject to RSA 483-B jurisdiction;

(2) The project is not part of a larger plan of development that cumulatively will exceed the applicable limit specified (1), above;

(3) The project will not significantly alter the characteristics of the terrain as defined in Env-Wq 1502.51(b)(1);

(4) The work is conducted in accordance with Env-Wq 1505.04 relative to temporary methods for stormwater management and erosion and sediment control and Env-Wq 1505.05 relative to cold weather site stabilization, as applicable;

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(5) A wetlands 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, waiver, or variance required under RSA 483-B has been obtained prior to any work in areas subject to RSA 483-B jurisdiction;

(f) The work that requires a permit under Env-Wq 1503.02 also needs to be permitted under RSA 482- A or RSA 483-B and review of the AOT permit application would simply duplicate the review that will occur under the RSA 482-A or RSA 483-B permit application;

(g) The project is limited to transporting forest products as defined in Env-Wq 1502.65; or

(h) The project 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.

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 that all of the following conditions are met:

(a) The activity is a timber harvesting operation for which the property owner(s), or an agent for the property owner(s), has obtained a valid New Hampshire department of revenue administration intent to cut permit;

(b) As specified in RSA 485-A:17, IV, the work is performed in accordance with the Best Management Practices for Erosion Control on Timber Harvest Operations in New Hampshire published by the New Hampshire department of resources and economic development;

(c) A wetlands permit has been issued or a “Notification of Forest Management or Timber Harvest Activities Having Minimum Wetlands Impact” form has been filed pursuant to RSA 482-A prior to any work in areas in RSA 482-A jurisdiction; and

(d) Timber harvesting roads are not being converted to a non-timber harvesting operational use.

Env-Wq 1503.05 AOT Permit Application Procedures.

(a) Pursuant to RSA 485-A:17, I, an application for an AOT permit shall be filed at least 30 days prior to the proposed starting date of the proposed activities, and no activities shall commence without prior approval of the application by the department.

(b) The applicant for an AOT permit shall submit a complete application, as specified in (c), below, to the department at the following address:

DES Water Division

Attn: Alteration of Terrain Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

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(c) A complete application shall include:

(1) A completed application checklist as specified in Env-Wq 1503.06, signed as specified in Env-Wq 1503.10;

(2) A completed application form as specified in Env-Wq 1503.07, signed as specified in Env- Wq 1503.10;

(3) The plans and other information specified in Env-Wq 1503.08 and Env-Wq 1503.09, as applicable;

(4) Proof that a copy of the application has been delivered to the governing body of each municipality in which the project is proposed and, if required by (e), below, the appropriate local river advisory committee, consisting of:

a. A copy of the certified mail receipt, for each copy that was sent certified mail;

b. A copy of the delivery confirmation, for each copy that was sent via a private delivery service; or

c. A statement signed by the applicant that the copy was delivered in hand, for each copy that was hand-delivered; and

(5) The fee required by Env-Wq 1503.32.

(d) The applicant shall obtain an application form and checklist:

(1) From the department’s public information and permitting office;

(2) By requesting the department, by telephone or in writing, to mail an application form and checklist; or

(3) From the department’s website.

(e) If any portion of a project is located within 0.25 mile of a river or river segment designated under RSA 483, the applicant shall send a copy of the complete application as described in (c), above, to the appropriate local river advisory committee at the time of filing with the department.

(f) If a copy of the complete application has not already been submitted to each municipality in which the project is proposed, the applicant shall send a copy of the complete application as described in (c), above, to the governing body of the municipality at the time of filing with the department.

heading for Env-Wq 1500) amd by #9817-A, eff 12-1-10

Env-Wq 1503.06 Application Checklist. The application checklist required by Env-Wq 1503.05(c)(1) shall comprise a list of all items required to constitute a complete application.

Env-Wq 1503.07 AOT Permit Application Form. The applicant shall provide the following information on or with the application form:

(a) The name, mailing address, and daytime telephone number of the applicant and, if available, the fax number and e-mail address of the applicant;

17 Env-Wq 1500

(b) The name and mailing address of the owner(s) of the property on which the project will occur, if other than the applicant;

(c) If the owner or applicant is a corporation, partnership, trust, or any other entity, the name, mailing address, and daytime telephone number of the individual representing the owner or applicant, and, if available, the fax number and e-mail address of the representative;

(d) The name, mailing address, and daytime telephone number of the engineering consultant for the project, if any, and, if available, the fax number and e-mail address of the consultant;

(e) The town tax map(s) and lot number(s) of the property on which the project is proposed;

(f) The name of all receiving waters as shown on a USGS map or, if unnamed, the name of the waterbody to which the receiving water(s) is tributary, as identified on a USGS map;

(g) A list of other permits required from the department for the project and the status of each permit or permit application, at the time of filing;

(h) A brief description of the proposed project, including an outline of the scope of work to be performed;

(i) Identification of plan type required according to Env-Wq 1503.11;

(j) As applicable, identification of the 100-year floodplain, designated river(s) or river segment(s), state- and federally-listed threatened and endangered species, any surface waters of the state that have been identified by the department as being impaired under 40 CFR 130.7 or 40 CFR 130.8, and any other natural resource(s) that will be or could be adversely impacted by the project;

(k) The total area of disturbance in square feet, calculated in accordance with Env-Wq 1503.12;

(l) The percent effective impervious cover of the project; and

(m) The percent undisturbed cover of the project.

Env-Wq 1503.08 Additional Information Required for AOT Permit Applications. The applicant shall submit the following with the completed application form:

(a) A copy of:

(1) The appropriate 1:24,000 scale USGS map with the property boundaries delineated;

(2) The appropriate NRCS county-wide web soil survey as found at http://websoilsurvey.nrcs.usda.gov; and

(3) The appropriate 1:24,000 scale aerial photograph, dated no earlier than 2003, with the property boundaries clearly delineated;

(b) A letter from the New Hampshire department of resources and economic development, natural heritage bureau (NHB), which may be obtained using the NHB DataCheck Tool located at http://www.dred.state.nh.us/divisions/forestandlands/bureaus/naturalheritage/, that either:

(1) States that no NH Heritage records were found in the vicinity of the project and the corresponding map with the property boundaries delineated; or

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(2) Assesses the potential impacts the project will have, if NH Heritage records were found;

(c) Photographs representative of existing site conditions with a description of what each photograph is showing, referenced to the project plans;

(d) One copy of plans as specified in Env-Wq 1503.11, as applicable for the proposed project, printed on white paper that is 34 to 36 inches wide by 22 to 24 inches high;

(e) The proposed construction sequence for the project showing compliance with Env-Wq 1505.02 relative to maximum open area allowed;

(f) For projects that would have additional off-site runoff after development in the absence of stormwater control methods, the following:

(1) Supporting information required by Env-Wq 1507.02 for determining water quality impacts from developed areas;

(2) One copy of the drainage report, drainage area plans, and hydrologic soil group plans prepared in accordance with Env-Wq 1504.09; and

(3) An infiltration feasibility report as specified in Env-Wq 1504.13 covering each practice proposed as part of the stormwater management system;

(g) For projects requiring a detailed development plan as described in Env-Wq 1504.05, one copy of the inspection and maintenance manual prepared in accordance with Env-Wq 1507.08;

(h) For projects requiring a detailed development plan as described in Env-Wq 1504.05, the submission requirements for determining percent effective impervious cover and percent undisturbed cover in accordance with Env-Wq 1504.15;

(i) For projects within the protected shoreland as defined in RSA 483-B:4, XV, the information required by Env-Wq 1411.01 and a report on the status of the application for a permit under RSA 483-B:5-b or, if the project is exempt, a statement of the statute or rule that exempts the project from needing a permit under RSA 483-B:5-b;

(j) For projects that involve infiltration of stormwater via subsurface leaching or distribution structures, a completed groundwater discharge registration application if required under Env-Wq 402.31(a)(1) or (c) or under Env-Wq 404;

(k) If the project is within the 100-year floodplain, a supplementary report as specified in Env-Wq 1503.09; and

(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.

Env-Wq 1503.09 Information Required for Projects Within the 100-year Floodplain. The applicant shall submit a supplementary report for all projects proposed within the 100-year floodplain that includes the following:

(a) The size of the river’s watershed above the project’s furthest downstream boundary;

(b) Photographs of the right bank and left bank;

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(c) The Bank Erosion Hazard Index and Near Bank Stress, reported using the Bank Assessment for Non-point Source Consequences of Sediment method, in accordance with Watershed Assessment of River Stability and Sediment Supply by David L. Rosgen, 2006.

(d) A delineation of…