Section Env-Wq 1708.11 - Public Participation and Intergovernmental Coordination(a) The department shall provide the opportunity for public comment and an opportunity to request a public hearing on preliminary decisions to allow any significant lowering of water quality determined in accordance with Env-Wq 1708.09(b) or (e).(b) The department shall issue a written notice to the public, the municipality in which the activity is located or proposed to be located, and all potentially affected municipalities of a preliminary decision to allow a significant lowering of water quality.(c) The notice provided pursuant to (b), above, shall: (1) Invite written comments to be submitted to the department;(2) Be posted by the department on its website and in at least one public place in the municipality in which the proposed activity will occur;(3) Contain the information specified in (d), below; and(4) For activities related to state surface water discharge permits, be a part of the normal public participation procedures associated with the issuance of the permit.(d) The notice provided pursuant to (b), above, shall include the following information: (1) A description of the proposed activity;(2) A description of each surface water that would be affected and its use classification;(3) A summary of the antidegradation provisions in these rules;(4) A determination that existing uses and the water quality necessary thereto will be maintained and protected;(5) A summary of the expected impacts on high quality waters, if any;(6) A determination that where a lowering of water quality is allowed, all applicable water quality criteria will be met, designated uses will be protected, and any higher water quality achievable by the most stringent applicable technology-based requirements will be maintained;(7) A summary of any other information that is relevant to how the activity complies or does not comply with the requirements of these rules;(8) The summary of the important economic or social development that will be achieved by allowing the proposed activity, if applicable;(9) A summary of the alternatives analysis and a finding that the lowering of water quality is necessary to provide a net economic and social benefit;(10) The deadlines for submitting a request for public hearing and submitting written comments; and(11) The name, address, and telephone number of the department employee to whom all written comments or requests for public hearing can be sent.(e) To fulfill intergovernmental coordination, the department shall send a copy of the public notice to the following agencies and request comments: (1) NH department of resources and economic development;(2) NH department of health and human services;(3) NH fish and game department;(4) NH office of energy and planning;(5) Local river advisory committees, if applicable;(7) US Army Corps of Engineers;(8) US Fish and Wildlife Service;(9) National Marine Fisheries Service;(10) National Park Service; and(11) Natural Resources Conservation Service.(f) The department shall: (1) Prepare a summary of all comments received as a result of public participation and intergovernmental coordination and provide responses; and(2) Post the summary of comments and responses on its website.(g) If the department receives a request to hold a public hearing, the department shall issue public notice and conduct a public hearing in accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings.(h) Following this public participation process, the department shall consider all comments and other information submitted during the process and make a final decision to allow or deny the proposed impact on water quality.(i) The department shall notify the applicant in writing of its decision. If the application is denied and the applicant wishes to pursue the project, the applicant shall: (1) Revise the submittal to decrease or eliminate the projected impact to high quality waters and resubmit the application for consideration under the full review process; or(2) Appeal the decision as a permitting decision pursuant to RSA 21-O:14.N.H. Code Admin. R. Env-Wq 1708.11
(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.