Section Env-Wt 519.03 - Approval Criteria for Ponds In addition to meeting all applicable criteria established in Env-Wt 300, the department shall not approve an application for a pond unless the applicant demonstrates that:
(a) No upland location is available for the pond;(b) The pond will be constructed in an area that:(1) Contains less than 15% very poorly drained soils; and(2) Will not adversely impact vernal pools or other wetlands with high functions and values;(c) The pond will not be created by: (1) Construction of a dam, berm, or dike within a watercourse or other surface water in order to create an impoundment; or(2) Diversion of a watercourse;(d) If the pond is proposed to be used for water quality treatment or pre-treatment, the pond will not be constructed in existing wetlands or surface waters;(e) If the pond is proposed to be used for stormwater management or if an existing stormwater management pond is proposed to be expanded, the pond or expansion will not be constructed in existing wetlands or surface waters; and(f) No discharge from a pond will result in water quality degradation.N.H. Code Admin. R. Env-Wt 519.03
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029.