Section Env-Wq 1904.04 - Publication, Hearing, and Opportunity for Public Comment on Proposed Protected Instream Flows(a) Prior to the establishment of protected instream flows the department shall hold an informational meeting to present the proposed protected instream flow study report.(b) At least 15 days after the informational meeting held in accordance with (a), above, the department shall hold a public hearing, in accordance with Env-C 205, to receive public comments on the proposed protected instream flow report.(c) The hearing shall be held in a community through or past which the designated river flows.(d) Prior to the public hearing, the department shall post a notice of the date, time, and location of the hearing to its website, including information about how a copy of the study report may be obtained, and shall send written notice of the hearing and study availability to, and solicit comment from, the following: (1) Affected water users in the WMPA;(2) Affected dam owners in the WMPA;(3) Lake associations in the WMPA on lakes with affected dams;(6) The LRMACs for the designated river and the LRMACs of upstream and downstream designated rivers, if any;(7) The governing body of each municipality in the WMPA;(8) State senators representing municipalities in the WMPA;(9) State representatives representing municipalities in the WMPA;(10) The New Hampshire rivers council;(11) The New Hampshire lakes association;(12) The New Hampshire fish and game department;(13) The governor of any state which shares a designated river;(14) The United States Environmental Protection Agency;(15) The United States Fish and Wildlife Service;(16) The United States Forest Service, for each designated river inside the White Mountain National Forest;(17) The United States Geological Survey;(18) Federal Energy Regulatory Commission, for each WMPA with a licensed or exempted hydropower site;(19) The National Park Service; and(20) Any interested party who has provided contact information, including an email address, to the department and requested in writing to be notified of the hearing.(e) At the public hearing, the department shall specify a comment period which shall close at least 30 days after the hearing date, during which time the department shall accept written comments on the factors pertaining to the proposed protected instream flows.(f) After the close of the comment period, the department shall consider the comments received during the public hearing and comment period to review the proposed protected instream flows relative to the following factors: (1) The flow-dependent instream public uses identified in RSA 483:9-c;(2) Water quality standards;(3) Flows established pursuant to existing Federal Energy Regulatory Commission licenses or state contracts;(4) Whether there are wastewater discharges that require a certain instream flow for permit compliance or maintaining water quality standards;(5) Whether the river contains flow-regulating structures such as dams, and if so, how such structures are used to manage flow;(6) Information relevant to flow conditions that will conserve, protect, maintain, or restore aquatic life or habitat, or both;(7) Information relevant to flow conditions that will conserve, protect, maintain, or restore recreational uses;(8) Information relevant to flow conditions that will conserve, protect, maintain, or restore resources for which the river is designated;(9) Information relevant to flow conditions that will support the designated uses under the CWA;(10) Pertinent resource management plans including, but not limited to, fisheries management plans, watershed management plans, and recreation management plans; and(11) Other information relevant to the proposed protected instream flows.N.H. Admin. Code § Env-Wq 1904.04
Derived From Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12695, Effective 12/22/2018, Expires 12/22/2028.