Section Env-Wq 1503.19 - Criteria for Issuance of AOT Permits The department shall not issue an AOT permit unless the applicant demonstrates that all of the following criteria are met:
(a) Temporary water quality protection measures in accordance with Env-Wq 1505.05 that are adequate to prevent violations of the surface water quality (SWQ) standards will be used during the construction phase of the proposed activity and maintained until all areas are stabilized;(b) The permanent methods for protecting water quality proposed in the application meet the requirements of Env-Wq 1507.02 and are adequate to prevent violations of the SWQ standards;(c) Changes in runoff hydrology, determined in accordance with Env-Wq 1504.09, will be within the limits allowed by Env-Wq 1507.05 and Env-Wq 1507.06;(d) Cold weather site stabilization measures, as specified in Env-Wq 1505.06, will be implemented as part of the project if applicable;(e) The project does not use naturally-occurring wetlands to treat or detain stormwater runoff from the proposed development, unless a permit that specifically allows the impacts has been issued pursuant to RSA 482-A;(f) There are no violations of RSA 482-A, RSA 483-B, or RSA 485-A on the property for which the project is proposed, or, if violations exist, the applicant agrees to a legally-binding schedule on which the violations will be eliminated and any required restoration will be completed;(g) The project meets the requirements and intent of RSA 430:51-57 and Agr 3800 relative to invasive species;(h) For any project that requires consultation with NHF&G pursuant to Env-Wq 1503.33, the applicant has incorporated into the project design all final conservation measures recommended by NHF&G to assure the project does not appreciably jeopardize the continued existence of threatened and endangered species as defined in Fis 1002.04;(i) The applicant has the legal right to undertake the project on the property; and(j) No reason specified in Env-C 209 exists for denying the permit.N.H. Code Admin. R. Env-Wq 1503.19
(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.Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #13045, Effective 6/2/2020, Expires 6/2/2030.Amended by Volume XLII Number 2, Filed January 13, 2022, Proposed by #13317, Effective 12/22/2021, Expires 12/22/2031.