Section Env-Ws 387.04 - Minor Large Withdrawal Approval Process and Requirements(a) Prior to starting a large withdrawal for which the maximum 30-day average will be less than 144,000 gallons per day, all entities shall:(1) Obtain a minor withdrawal permit by verifying the withdrawal meets minor large designation criteria following the process in paragraph (c) below; or(2) Obtain a major withdrawal permit in accordance with Env-Ws 388.(b) Prior to starting a new withdrawal for which the maximum 30-day average will equal or exceed 144,000 gallons per day, all entities shall obtain a major withdrawal permit in accordance with Env-Ws 388.(c) To obtain a new or renew a minor withdrawal permit, the applicant shall complete the following process: (1) Demonstrate the need for the withdrawal by completing a conservation management plan and description of need in accordance with Env-Ws 387.05;(2) Estimate the study area for the withdrawal in accordance with Env-Ws 387.06;(3) Complete a water resource and use inventory of the study area in accordance with Env-Ws 387.07;(4) Design a withdrawal testing program in accordance with Env-Ws 387.08;(5) Submit a request for minor withdrawal designation in accordance with Env-Ws 387.09;(6) Perform public notification in accordance with Env-Ws 387.10;(7) Based on a hydrologic evaluation performed by the department in accordance with Env-Ws 387.11, obtain approval for a minor withdrawal designation in accordance with Env-Ws 387.12;(8) Complete withdrawal testing in accordance with Env-Ws 387.13;(9) If withdrawal testing verifies a minor withdrawal designation, submit a minor withdrawal permit application completed in accordance with Env-Ws 387.14; and(10) If withdrawal testing does not verify minor withdrawal designation:a. Collect and submit additional information that does verify minor withdrawal designation; orb. Apply for a major withdrawal permit in accordance with Env-Ws 388.(d) A permittee for a minor withdrawal shall comply with the following:(1) All withdrawals shall be continuously metered and reported in accordance with requirements of a permit issued pursuant to Env-Ws 387.16;(2) The permittee shall notify the department in writing within 30 days of any change in ownership or contact address;(3) Where a change in permit conditions is desired, the permittee shall request modification of the permit in accordance with Env-Ws 387.17;(4) At least 90 days prior to the date of permit expiration, the permittee shall submit an application for permit renewal in accordance with Env-Ws 387.18;(5) When an adverse impact occurs, as specified in Env-Ws 388.18, as a result of the withdrawal, the permittee shall design and implement mitigation measures in accordance with Env-Ws 387.19; and(6) Water level monitoring and reporting of shall be completed in accordance with Env-Ws 387.16.(e) When requested in writing and supported by data, the department shall review new hydrologic information and evaluate the designation of a minor withdrawal, and based on its findings, modify the permit in accordance with Env-Ws 387.17.(f) Where data available to the department reveals minor withdrawal criteria are not being, or cannot be met, minor designation shall be revoked pursuant to Env-Ws 387.12, and the withdrawal shall be subject to major withdrawal requirements pursuant to Env-Ws 388.N.H. Code Admin. R. Env-Ws 387.04
#7490, eff 5-12-01; ss by #9459, INTERIM, eff 5-12-09, EXPIRED: 11-9-09