1. (a) After construction has commenced, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to, or any departures from, the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design in accordance with Env-Dw 1109.08 without prior written approval from the department.

2. (b) The recipient shall request approval for changes covered by (a), above, by submitting the following information in writing to the department on or with “Form 1A: Loan Amendment Application Form”, NHDES-W-03-184, November 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-184:

   1. (1) The name, location, and PWS identifier of the recipient’s water system;
   2. (2) The project number of the final financial assistance agreement and the project’s short title;
   3. (3) The name, telephone number, and email address of the contact person for purposes of the request;

   4. (4) For each modification for which the recipient is seeking approval:

      1. a. A description of the modification; and
      2. b. The reason(s) why the modification is necessary;
   5. (5) An explanation of the operational and economic consequences to the water system and to public health and the environment of the department not approving the requested modifications;

   6. (6) If the request is for an increase in the loan amount, the following:

      1. a. A revised budget that shows the original budget and the revised budget for each task or classification affected by the requested change; and
      2. b. Updated financial statements;
   7. (7) If the request is for a revised completion date, the revised schedule including design start date, construction contract award date, and project completion date; and
   8. (8) If the requested change is for work in a different location than listed in the original Form 3: Environmental Review, an amended Environmental Review form.

3. (c) Prior departmental approval of project change orders shall not be required if applicant’s project engineer certifies to the department that such change, modification, amendment, or departure:

   1. (1) Will not materially or significantly affect project cost, estimated revenues, or project design; and
   2. (2) Is consistent with the objectives of the project and within the scope of the final financial assistance agreement.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21