Section Env-Ws 387.12 - Procedures and Criteria to Approve, Deny, or Revoke a Minor Withdrawal Designation(a) The department shall notify the applicant of its determination in writing within 60 days of receipt of a complete minor withdrawal designation request.(b) The department shall make a determination on minor withdrawal designation based on a hydrologic evaluation completed in accordance with Env-Ws 387.11.(c) Where existing information is not sufficient to make a determination of designation, the applicant may expand the scope of the withdrawal testing conducted pursuant to Env-Ws 387.13 to obtain data required to make a determination in accordance with Env-Ws 387.03.(d) The department shall approve a minor large withdrawal designation request when available information is sufficient to conclude that the withdrawal meets the criteria for minor large withdrawal designation in accordance with Env-Ws 387.03.(e) The department shall deny a minor withdrawal designation request or revoke a minor large withdrawal designation when information reveals that the withdrawal will result in adverse impacts or otherwise does not, or will not, meet minor withdrawal criteria pursuant to Env-Ws 387.03.(f) If the department denies a minor large withdrawal designation, the applicant shall: (1) Conduct additional testing until the criteria identified in Env-Ws 387.03 is verified;(2) Be subject to major withdrawal requirements in accordance with Env-Ws 388; or(3) Withdraw the minor designation request.(g) The department shall revoke an existing minor withdrawal designation, after being provided with an opportunity for a hearing, when: (1) Information reveals minor withdrawal criteria are not, and cannot be met; and(2) If, after the issuance of minor withdrawal designation, the department receives information that indicates that the information upon which the designation was based was not true and complete or was misleading.(h) The applicant or permittee shall have the opportunity for a hearing before the permit is suspended or revoked in accordance with RSA 541-A:30 unless an emergency action is required.N.H. Code Admin. R. Env-Ws 387.12
#7490, eff 5-12-01; ss by #9459, INTERIM, eff 5-12-09, EXPIRES: 11-9-09