1. (a) The department shall review part I of the design review application in accordance with Env-Dw 405.08.
2. (b) If the department determines that the information submitted in part I of the application meets the criteria specified in Env-Dw 405.06 and Env-Dw 405.08, the department shall issue a concept approval and include project-specific conditions as necessary to ensure compliance with the requirements of these rules and RSA 485.
3. (c) If the department determines that the information submitted in part I of the application is insufficient for the department to determine whether the criteria of Env-Dw 405.06 and Env-Dw 405.08 have been met, the department shall notify the applicant in writing of the additional information needed to assess the application.

4. (d) The notice required by (c) above, shall specify:

   1. (1) What information is needed;
   2. (2) The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;
   3. (3) The provisions of Env-Dw 405.06 relative to submitting the information; and
   4. (4) The provisions of (e) and (f) below, relative to failing to provide the information.
5. (e) If the criteria specified in Env-Dw 405.06 and Env-Dw 405.08 are still not met, including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information needed to assess the application.
6. (f) The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 405.06 and Env-Dw 405.08 are not met after the second request as specified in (e) above.
7. (g) To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.
8. (h) After receiving an extension request, if the department finds the requirements of (g) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.
9. (i) Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 405.05.

Source. #14158, eff 12-25-24