1. (a) A permit holder shall construct a project in strict accordance with the approved plan, except as allowed in this section.

2. (b) Insignificant deviation(s) from the approved plan shall meet the following:

   1. (1) The project as modified will comply with Env-Wq 1507.02 relative to permanent methods of protecting water quality;
   2. (2) The modifications have not and will not result in any changes to wetlands or protected shoreland impacts and will not decrease any buffers required by law or established by a permit or other approval, unless a permit that specifically allows the impacts has been obtained pursuant to RSA 482-A or RSA 483-B, respectively;
   3. (3) The proposed disturbance is within the area originally proposed for disturbance, except as necessitated by (6) through (8), below;
   4. (4) As compared to the project as originally approved, the total impervious area has decreased, remained the same, or increased by the smaller of 5% or 2,500 square feet;

   5. (5) No change is made to a stormwater management system that:

      1. a. Adds, removes, or relocates any treatment practice, pretreatment practice, groundwater recharge practice, or detention structure; or
      2. b. Increases the peak inflow rate to any treatment practice, pretreatment practice, groundwater recharge practice, or detention structure during the 2-year 24-hour storm;
   6. (6) The roadway centerline has not been relocated or has been relocated to no more than 20 feet from the center line of the roadway as originally approved;
   7. (7) The center point of a parking area has not been relocated or has been relocated to no more than 20 feet from the center point of the parking area as originally approved; and
   8. (8) The center point of a structure has not been relocated or has been relocated to no more than 20 feet from the center point of the structure location as originally approved.

3. (c) Minor deviation(s) from the approved plan shall meet the following:

   1. (1) The project as modified will comply with Env-Wq 1507.02 relative to permanent methods of protecting water quality;
   2. (2) The modifications have not and will not result in any changes to wetlands or protected shoreland impacts and will not decrease any buffers required by law or established by a permit or other approval, unless a permit that specifically allows the impacts has been obtained pursuant to RSA 482-A or RSA 483-B, respectively;
   3. (3) The proposed disturbance, exclusive of any disturbance associated with (6) through (9), below, is not more than 40,000 square feet outside the area of disturbance originally approved;
   4. (4) The total impervious area has not increased from the project as originally approved by more than the smaller of 10% or 10,000 square feet;

   5. (5) A change is made to a stormwater management system but:

      1. a. The change does not add more than one stormwater treatment practice, stormwater conveyance, or groundwater recharge practice; and
      2. b. The peak inflow rate to any component of the existing stormwater management system has not increased from that as originally approved by more than 1 cubic foot per second during the 2-year 24-hour storm;
   6. (6) If the roadway centerline has been relocated, it is no more than 100 feet from the center line of the roadway as originally approved;
   7. (7) If the center point of a parking area has been relocated, it is no more than 100 feet from the center point of the parking area as originally approved;
   8. (8) If the center point of a structure has been relocated, it is no more than 100 feet from the center point of the structure location as originally approved; and
   9. (9) For excavation, grading, and reclamation plans, the footprint originally approved is not expanded more than 50 feet in any direction.
4. (d) Any change from an approved plan that does not qualify as an insignificant deviation in (b), above, or a minor deviation in (c), above, shall constitute a significant deviation.
5. (e) Changes that qualify as insignificant deviations shall not require a permit amendment or new permit but shall be identified upon the completion of construction in accordance with Env-Wq 1503.23(b).
6. (f) The permit holder shall obtain an amended permit, pursuant to Env-Wq 1503.24, prior to making any minor deviations from the approved plans.
7. (g) The permit holder shall obtain a new permit prior to making any significant deviations from the approved plans.

Source. #14472, eff 1-19-26, EXPIRES: 1-19-36