Section Env-Wq 1708.07 - Submittal of Data The applicant shall provide all information necessary to:
(a) Identify all existing uses, including: (1) Freshwater, estuarine, and marine aquatic life present in the affected surface waters;(2) Other wildlife that use or otherwise are dependent on the affected surface waters;(3) Presence of water quality and physical habitat that support, or would support, aquatic life or other animal or plant life;(4) Presence of indigenous species and communities;(5) Presence of a specialized use of the waterbody, such as a spawning area or as a habitat for a federally- or state-listed threatened or endangered species;(6) Use of the surface waters for recreation in or on the water, such as fishing, swimming, and boating, or use of the surface waters for commercial activity; and(7) Whether or not current conditions or uses of the surface waters conflict with achieving and maintaining goal uses of the CWA at Section 101(a)(2) and the primary CWA objective to restore and maintain the chemical, physical, and biological integrity of the nation's surface waters;(b) Determine the level of water quality necessary to maintain and protect all uses identified in (a), above;(c) Evaluate the potential impacts on existing uses due to the proposed discharge or activity by itself, and in combination with other discharges or activities presently occurring;(d) Ensure that existing uses and the level of water quality necessary to protect those uses will be maintained and protected;(e) Evaluate the magnitude, duration, and upstream and downstream extent of any lowering of high quality water due to the proposed discharge or activity by itself, and in combination with other discharges or activities presently occurring;(f) Evaluate other factors as necessary to determine whether the proposed activity would cause significant or insignificant degradation, in accordance with Env-Wq 1708.09;(g) If the discharge or activity is determined by the department to be significant, in accordance with Env-Wq 1708.08 and Env-Wq 1708.09, determine if a proposed lowering of water quality is necessary to achieve important economic or social development in accordance with Env-Wq 1708.10; and(h) Ensure that all water quality criteria applicable to the waterbody in question will not be violated.N.H. Code Admin. R. Env-Wq 1708.07
(See Revision Note #1 at chapter heading for Env-Wq 1700) #7151, eff 12-10-99; ss by #9034, INTERIM, eff 12-10-07; ss by #9162, eff 5-21-08 (See Revision Note #2 at chapter heading for Env-Wq 1700)
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12042, Effective 12/1/2016, Expires 12/1/2026.