Section Env-Wt 310.02 - EXP Review Procedures(a) The department shall review the application for an EXP for administrative completeness and compliance with applicable department rules within 30 calendar days of receipt if the application has been signed as required by Env-Wt 310.01(h) and (i).(b) If the information submitted as part of the application is not sufficient for the department to determine that the project meets the criteria for an EXP, the department shall send a request for more information, together with any written technical comments the department deems necessary, within 30 calendar days of receipt of the application. Such request and technical comments shall be sent by electronic means if the applicant or applicant's agent has indicated that doing so is acceptable.(c) If the application is administratively complete, complies with applicable requirements, and has the signed statements required by Env-Wt 310.01(h) and (i), the department shall issue an EXP and post the information on its website within one working day of determining that the application was complete and in compliance with all applicable requirements.(d) If the applicant receives a notice as described in (c), above, and wishes to proceed under a EXP, the applicant shall submit a revised application for an EXP that provides all of the required information within 20 days of the date of the notice.(1) Identifies each item that is missing; and(2) Informs the applicant that in order to proceed under the EXP, the applicant shall submit all necessary information within 20 days of the date of the notice or the application will be denied.(e) If the applicant does not submit all necessary information to the department within 20 days of the date of a notice sent pursuant to (c), above, the department shall deny the EXP.(f) If the project proposed in the EXP application does not comply with applicable requirements, the department shall deny the application and notify the applicant in writing of the reason(s) for the denial.(g) If the applicant wishes to proceed with the project, the applicant shall file: (1) An EXP application for a project that has been modified to conform to applicable requirements; or(2) An application for a standard permit as specified in Env-Wt 311.(h) If the application was complete except for one or both of the signed statements required by Env-Wt 310.01(h) and (i), the application shall be processed under the application processing times established in RSA 482-A:3, XIV.(i) If the application was administratively complete except for one or both of the signed statements required by Env-Wt 310.01(h) and (i), the application shall be processed under the application processing times established in RSA 482-A:3, XIV.(j) Any request for additional information under (b), above, shall:(1) Specify that the applicant shall submit such information as soon as practicable; and(2) Notify the applicant that if the requested information is not received within 60 days of the request, the department shall deny the application.N.H. Code Admin. R. Env-Wt 310.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12954, Effective 12/24/2019, Expires 12/24/2029.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.