1. (a) If the amendment is to extend the permit duration by amending the expiration date, the applicant shall provide the following information in addition to the form in Env-Wq 1503.24(b):

   1. (1) File the written request with the department prior to the expiration of the permit, but no more than 90 days prior to the expiration of the permit.

   2. (2) If any work on the property has been done, submit a report based on an inspection that occurred no more than 30 days prior to the date the permit extension request is submitted by a certified professional erosion and sediment control specialist (CPESC specialist), or a qualified engineer, based on an inspection of the site without snow cover, that contains:

      1. a. A description of the progress of the project, including whether the project as originally proposed and permitted meets all current requirements for such projects and, if not, which requirements are not being met;
      2. b. If any requirements are not being met, an explanation of the corrective actions that will be or are being taken to bring the project into compliance with applicable requirements and the deadline by which such actions will be completed; and
      3. c. Photographs of the site that are representative of the project.

2. (b) The department shall approve the amendment request if the department determines that:

   1. (1) Allowing extension of the permit will not result in approval of plans that violate any statute or rule, including any stricter requirements that were enacted or adopted subsequent to the initial issuance of the permit;
   2. (2) Surface water quality and groundwater quality will continue to be protected as under the original permit;
   3. (3) The project is proceeding in accordance with the permit, including all plans approved and made part of the permit;
   4. (4) The permit has not been suspended or revoked;
   5. (5) None of the grounds for refusal to renew a license as specified in Env-C 209.03 apply;
   6. (6) If applicable, an inspection report has been completed and submitted as required by (a)(2), above; and
   7. (7) The permit has not previously been extended.
3. (c) Pursuant to RSA 485-A:17, II-d(g), a previously-extended permit shall only be approved for an additional extension if the criteria in (b)(1) through (5) have been met and the permit holder provides proof that the subdivision plat or site plan associated with the permit has been deemed substantially complete by the governing municipal planning board in accordance with RSA 674:39, II.
4. (d) If the amendment request is approved, the department shall extend the permit for a reasonable amount of time, but in no case more than 5 years, based on considerations of the amount of work left to be done on the project.
5. (e) If a request for amendment is to extend the permit duration is not filed in a timely manner or is denied by the department, no work shall be done on the project after the expiration of the permit. In such cases, any person who wishes to continue the project shall submit an application for a new permit that meets current requirements.

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