Section Env-Wq 403.21 - Final Decisions on Large Groundwater Withdrawal Permit Applications(a) Subject to (b), below, the department shall approve the application for a large groundwater withdrawal permit and issue the permit, or deny the application, within 45 days of the close of the written public comment period required pursuant to RSA 485-C:21.(b) If the report is not complete or correct, the department shall request revisions to the final report unless the information submitted indicates that the criteria in (d)(2), below, cannot be met.(c) A request sent pursuant to (b), above, shall:(1) Identify what revisions are needed and the deadline for submitting a revised final report, established based on the type and volume of needed revisions; and(2) Inform the applicant that the application will be deemed to have been withdrawn if the information requested is not provided by the deadline, unless an extension is requested and granted pursuant to Env-Wq 403.38.(d) The department shall issue a large groundwater withdrawal permit only if: (1) The information provided in the application and final report is complete and correct;(2) The information provided in the application and final report demonstrates that the withdrawal: a. Will not produce adverse impacts; orb. Will result in impacts that can and will be mitigated, provided:1. There is sufficient information to verify that any adverse impacts that occur as a result of the withdrawal will not be:(i) An adverse impact that may occur immediately; or(ii) An irreversible impact; and2. A monitoring and reporting program is implemented in accordance with Env-Wq 403.26;(3) All public notifications required by RSA 485-C:21 have been completed; and(4) The water conservation plan submitted by the applicant in accordance with Env-Wq 2101 has been approved.(e) The department shall not issue a new large groundwater withdrawal permit if the department determines, after a thorough review of the application, final report, and all public comments received, that the proposed withdrawal will result in adverse impacts which cannot or will not be mitigated.(f) Appeals of the department's decision to issue or deny a large groundwater withdrawal permit shall be as specified in RSA 485-C:21, VI.N.H. Code Admin. R. Env-Wq 403.21
(See Revision Note at part heading for Env-Wq 403) #9569, eff 10-17-09
Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12493, Effective 3/21/2018, Expires 3/21/2028.