1. (a) The total area of unstabilized soil shall not exceed 5 acres at any given time, unless a larger area is allowed by (b)(1), below.

2. (b) An environmental monitor shall be employed to ensure compliance with Env-Wq 1505.01, if any of the following conditions apply, and shall be subject to the requirements in (e) through (g), below:

   1. (1) It is necessary for the total area of unstabilized soil to exceed 5 acres at any given time, as demonstrated by documentation showing that limiting areas of earth cuts and fills to 5 acres or less would unreasonably limit the construction schedule;
   2. (2) The site is within 50 feet of a surface water of the state, or wetlands as defined in RSA 482-A:3, has a grade of 25% or greater, or contains soils having an erodibility factor of 0.4 or greater, or any combination of these; or
   3. (3) Subject to (c) below, the project has disturbed land with slopes that are greater than 5% and the flow path over the slope is greater than 300 feet.
3. (c) If the applicant installed temporary sediment traps and diversion swales in accordance with Env-Wq 1506.10 and Env-Wq 1506.12, the criteria in (b)(3) shall not apply.
4. (d) For any project where an environmental monitor is required pursuant to (b), above, the applicant shall submit a construction sequence and phasing plan, developed by a qualified engineer or a CPESC specialist, to demonstrate compliance with Env-Wq 1505;

5. (e) A third-party environmental monitor shall:

   1. (1) Inspect the project site at least once each week from the start of terrain alteration activities until all terrain alteration activities are completed and the site is stabilized;
   2. (2) In addition to regular weekly inspections, inspect the project site during any rain event in which 0.5 inch of precipitation or more falls within a 24 hour period, provided that if the environmental monitor is unable to be present during such a storm, the monitor shall inspect the site within 24 hours of the rain event;

   3. (3) Submit a written report, stamped by a qualified engineer or a CPESC specialist, to the department within 24 hours of each inspection that:

      1. a. Describes the progress of the project, including whether all conditions of the permit are being met and, if not, which requirements are not being met;
      2. b. If any requirements are not being met, an explanation of the corrective action(s) 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. Includes photographs of the site that are representative of the project; and
   4. (4) Retain a copy of the report prepared pursuant to (3), above, on-site for review during site inspections by federal, state, and local officials.

6. (f) Routine inspection frequency may be reduced from once each week to at least once each month if either of the following conditions is met:

   1. (1) Work has been suspended and the entire site is stabilized in accordance with Env-Wq 1505.04; or

   2. (2) Runoff is unlikely because:

      1. a. The ground is frozen or the site is covered with snow or ice; and
      2. b. The project is in an area where frozen conditions are anticipated to continue for more than one month.
7. (g) The permit holder shall implement any corrective actions recommended by the environmental monitor within 24 hours or the deadline requested in the report required by (e)(3), above, or implement alternative methods to ensure compliance with Env-Wq 1505.01 and Env-Wq 1507.01.

Source. #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1505.02) ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36