Section Env-Wq 1503.22 - Amended Permits for Modifications to Approved Projects(a) If the permit holder wishes to modify the project as approved in a way that exceeds any of the criteria specified in Env-Wq 1503.21(d)(1)-(8) but is within all of the criteria specified in (c), below, then prior to making any of the changes the permit holder shall apply for an amended permit.(b) To apply for an amended permit, the permit holder shall: (1) Submit a complete application for amended permit, as described in (d), below, to the department;(2) If any portion of a project is located within 0.25 mile of a river or river segment designated under RSA 483, send a copy of the complete application for amended permit to the rivers coordinator and the appropriate local river advisory committee at the time of filing with the department; and(3) If a copy of the complete application for amended permit has not already been submitted to each municipality in which the project is proposed, send a copy of the complete application to the governing body of the municipality at the time of filing with the department.(c) A deviation from the approved plans and specifications shall be made under an amended permit only if all of the following criteria are met: (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; andb. 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 one cubic foot per second during the 2-year 24-hour storm;(6) If the roadway centerline has been relocated, it is no more than 100 feet from the center line of the roadway as originally approved;(7) If the center point of a parking area has been relocated, it is no more than 100 feet from the center point of the parking area as originally approved;(8) If the center point of a structure has been relocated, it is no more than 100 feet from the center point of the structure location as originally approved; and(9) For excavation, grading, and reclamation plans, the footprint originally approved is not expanded more than 50 feet in any direction.(d) A complete application for amended permit shall include the following: (1) An "Amendment Request Form", NHDES-W-01-001, dated 2017, available at http://des.nh.gov/organization/divisions/water/aot/categories/forms.htm, completed as described in Env-Wq 1503.27 and signed as specified in Env-Wq 1503.10;(2) The fee required by Env-Wq 1503.32(b);(3) Proof that a copy of the complete application for amended permit has been delivered to the governing body of each municipality in which the project is proposed and, if required by (b)(2), above, to the rivers coordinator and the appropriate local river advisory committee, which proof shall consist of: a. A copy of the certified mail receipt, for each copy that was sent certified mail;b. A copy of the delivery confirmation, for each copy that was sent via a private delivery service; orc. A statement signed by the applicant that the copy was delivered in hand, for each copy that was hand-delivered; and(4) For projects requiring consultation with NHF&G in accordance with Env-Wq 1503.33(a), a copy of all relevant correspondence with NHF&G from the date of the NHB DataCheck request letter to the date that the AoT permit application is filed.(e) The department shall review a request for permit amendment and amend the permit if the department determines that the permit holder has demonstrated that the criteria specified in (c), above, are met and the project as modified would have been approved originally.(f) If conditions are necessary to ensure that the project as modified will conform to the requirements of this chapter, the department shall include such conditions in the permit amendment.(g) If the deviations exceed the scope of (c), above, the permit holder shall submit a new application if the permit holder wants to proceed with the project as modified.(h) The amendment of a permit pursuant to this section shall not:(1) Modify the expiration date of the original permit; or(2) Subject any provision of the original permit that was not amended to a new appeal period.N.H. Code Admin. R. Env-Wq 1503.22
(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) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.21)
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12342, Effective 8/15/2017, Expires 8/15/2027.Amended by Volume XLII Number 2, Filed January 13, 2022, Proposed by #13317, Effective 12/22/2021, Expires 12/22/2031.