Section Env-Wq 403.25 - Adverse Impact Reporting and Response(a) The permittee shall report to the department within 5 calendar days after discovering an unmitigated adverse impact that is occurring or has occurred.(b) The department shall notify the permittee within 5 calendar days of the time when the department observes, or another entity reports, an unmitigated adverse or unanticipated impact.(c) At the written request of any entity, the department shall review any reports of adverse impacts including hydrologic data supporting the occurrence or potential occurrence of an adverse impact, and determine whether a claim of adverse impact is valid.(d) Within 21 calendar days of the date a report meeting the criteria specified in (c), above, is received, the department shall notify the permittee and the entity reporting an adverse impact whether an unanticipated or adverse impact has occurred.(e) Where the status of an unanticipated impact is not clear, the applicant shall gather information needed to quantify the impact and determine its status relative to the adverse impact criteria specified in Env-Wq 403.21, and provide this information to the department.(f) The permittee shall mitigate a verified adverse impact in accordance with Env-Wq 403.31.N.H. Code Admin. R. Env-Wq 403.25
(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.