New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wq - Water Quality and Quantity Programs
Chapter Env-Wq 400 - GROUNDWATER PROTECTION
Part Env-Wq 403 - LARGE GROUNDWATER WITHDRAWALS
Section Env-Wq 403.14 - Approval of a Large Groundwater Withdrawal Permit Preliminary Application

Universal Citation: NH Admin Rules Env-Wq 403.14

Current through Register No. 13, March 27, 2025

(a) Upon receiving a large groundwater withdrawal application under Env-Wq 403.05(a)(1), the department shall determine whether the application is administratively complete, namely that the applicant has submitted everything required by Env-Wq 403.06.

(b) If the application does not contain everything required by Env-Wq 403.06, the department shall notify the applicant of what is missing by sending a written notice which:

(1) Identifies what information is needed and the deadline for submitting the information, established based on the type and volume of the information needed; and

(2) Informs the applicant that the application will be deemed to have been withdrawn if the information requested is not provided by the deadline, unless an extension is requested and granted pursuant to Env-Wq 403.38.

(c) If the application does contain everything required by Env-Wq 403.06 or upon receipt of all information requested pursuant to (b), above, the department shall, within 10 business days, notify the applicant in writing, with a copy to the local governing body as required by RSA 485-C:21, II, that the application is administratively complete.

(d) The department's determination that an application is administratively complete shall not be construed as a determination that the application is approvable as submitted.

(e) Upon determining that an application is administratively complete, the department shall:

(1) Conduct a public hearing in accordance with RSA 485-C:21, IV, if one is requested in accordance with RSA 485-C:21, III; and

(2) Review the application to determine whether the criteria in (j), below, are met.

(f) After proceeding in accordance with (e), above, the department shall:

(1) Approve the application, if the criteria specified in (j), below, are met;

(2) Notify the applicant as specified in (i), below, of the area(s) in which the application is deficient, if the application is deficient in any of the criteria in (j), below; or

(3) Deny the application, if either or both of the following are true:
a. The criteria specified in (j), below, are not met; or

b. The information submitted demonstrates that the project is not likely to meet the criteria for issuance of a permit specified in Env-Wq 403.21(d).

(g) The department shall notify the applicant in writing of its decision to approve or deny the preliminary groundwater withdrawal application within 45 days of the close of the written public comment period required by RSA 485-C:21, V.

(h) If the preliminary application is approved, the notice sent pursuant to (g), above, shall advise the applicant whether, based on the information provided in the preliminary application, a waiver will be required for a specific requirement under these rules.

(i) A notice sent pursuant to (f)(2), above, shall:

(1) Be sent within 45 days of the close of the written public comment period required by RSA 485-C:21, V;

(2) Identify all areas in which the application is deficient and the deadline for submitting an addendum to the application to correct the deficiencies, established based on the type and volume of the deficiencies needing to be corrected; and

(3) Inform the applicant that the application will be deemed to have been withdrawn if the information requested is not provided by the deadline, unless an extension is requested and granted pursuant to Env-Wq 403.38.

(j) The department shall approve a large groundwater withdrawal preliminary application only if all of the following criteria are met:

(1) The application contains everything required by Env-Wq 403.06;

(2) The information contained in the application is complete and correct;

(3) The department concludes that the withdrawal testing program submitted pursuant to Env-Wq 403.13 is likely to accurately depict actual operating conditions and related influences on affected water resources and uses;

(4) The water conservation plan required by Env-Wq 2101 has been submitted to the department; and

(5) All public notification requirements specified in RSA 485-C:21 have been completed.

(k) The preliminary application approval shall expire 4 years from the date of approval if the final report required by Env-Wq 403.20 has not been received by the department.

(l) No large groundwater withdrawal shall be developed after expiration of the corresponding preliminary application approval. If the applicant wishes to develop the large groundwater withdrawal after expiration, the applicant shall submit a new application in accordance with this part. If there have been no changes in the applicable requirements or the relevant information, the applicant may submit the same application as was previously approved provided the applicant submits updated inventories of contaminant sources and water resources and uses.

(See Revision Note at part heading for Env-Wq 403) #9569, eff 10-17-09

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