N.H. Code Admin. R. Env-Wq 1503.12

Current through Register No. 25, June 20, 2024

Section Env-Wq 1503.12 - Measurement of Contiguous Area Disturbed; Inclusion in Plans

(a) Subject to (b)-(d), below, for purposes of determining the need for an AOT permit or the amount of the fee required by RSA 485-A:17, the amount of contiguous area disturbed shall be the sum of the square footage of all areas proposed to be disturbed as part of the total project, including but not limited to areas associated with:

(1) Roads and communal parking areas;

(2) Permanent stormwater controls;

(3) Temporary and permanent methods for protecting water quality;

(4) Utility installation, including wells and septic systems if applicable;

(5) Temporary stockpiles;

(6) Staging areas;

(7) Borrow areas; and

(8) Foundations and lot grading.

(b) The areas that will be disturbed for individual lot development shall be excluded from the calculation required by (a), above, only if:

(1) The project is a single family or duplex residential subdivision where no disturbance on any individual lot will occur until after the construction and stabilization of all other items of construction associated with the subdivision are complete; and

(2) There will be no earth moving across lot lines at any time.

(c) For any excavation, grading, and reclamation project, any actual or proposed terrain disturbance since May 4, 1981 shall be:

(1) Deemed part of the total project;

(2) Included in the calculation of the amount of contiguous area disturbed; and

(3) Shown on the plans submitted for the project.

(d) Subject to (b) and (c), above, the amount of contiguous area disturbed shall include any actual or proposed terrain disturbance that occurs on the same property as the proposed project or is part of a larger plan of development:

(1) Within 10 years before the commencement of any terrain alteration activity for the proposed project; and

(2) Within 10 years after the terrain alteration activity for the proposed project ends.

(e) All areas described in (d)(1), above, and any area(s) described in (d)(2), above, that are already identified at the time of the application shall be shown on the plans for the proposed project.

N.H. Code Admin. R. Env-Wq 1503.12

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

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12342, Effective 8/15/2017, Expires 8/15/2027.