Section Env-Wq 403.31 - Impact Mitigation(a) The permittee shall immediately implement an impact mitigation program for withdrawals when: (1) A withdrawal permit requires mitigation from the start of operation to prevent adverse impacts anticipated during the permit application process;(2) An impact monitoring and reporting program conducted in accordance with Env-Wq 403.26 reveals the potential occurrence of an adverse impact; or(3) The department determines that a report of unanticipated or adverse impact is valid as defined by Env-Wq 403.24 and reported in accordance with Env-Wq 403.25.(b) Once an adverse impact is verified in accordance with Env-Wq 403.25, the permittee shall: (1) Submit a description of the impact based on observations to the department within 14 calendar days of adverse impact notification under Env-Wq 403.25;(2) Submit an impact mitigation program description in accordance with (c), below, for department approval within 60 calendar days of adverse impact notification under Env-Wq 403.25; and(3) Where the impact mitigation program is a condition of the permit and meets adverse impact thresholds identified in the permit, immediately begin the impact mitigation program designed for permit approval pursuant to Env-Wq 403.26.(c) A mitigation program shall include one or more of the following measures, as necessary to mitigate adverse impacts: (1) Implementation of additional water conservation measures;(2) Reduction in withdrawal volumes, including cessation of the withdrawal except where necessary for fire protection or residential drinking water;(3) Replacement of sources for adversely impacted users in accordance with Env-Wq 403.32; and(4) Other action(s) necessary to address the specific adverse impacts.(d) The mitigation program also shall include: (1) Periodic monitoring and reporting at a frequency necessary to substantiate the effectiveness of the mitigation activities; and(2) A schedule for the implementation of the activities listed in (c), above.(e) Adherence to a mitigation program, where required, shall be a condition of the permit or become a condition of the withdrawal permit in accordance with permit modification procedures under Env-Wq 403.33.N.H. Admin. Code § Env-Wq 403.31
(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.