Section Env-Wt 308.05 - Activation of an SPN(a) The person responsible for a project that includes an activity listed in Env-Wt 308.04 shall activate the relevant SPN by submitting the following to the department on or with the applicable notification as listed in Env-Wt 308.06, Table 308-1: (1) The information specified in the applicable statutory provision, including any applicable fee;(2) Proof that the project conforms to the statutory criteria, including but not necessarily limited to the following: a. The Data Check identification number and an affirmation that recommendations have been received; andb. Such information as is needed to demonstrate the criteria for minimum impact projects are met; and(3) For minimum impact projects to repair or replace culverts or stream crossing structures as provided in Env-Wt 308.04(d), except for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, if the project is within LAC jurisdiction then the LAC has signed the notification to waive its right to intervene.(b) The person responsible for the activity shall:(1) Sign and certify the notification in accordance with Env-Wt 311.11; and(2) Affirm that: a. The project is not located in a PRA, except as provided in Env-Wt 407;b. All recommendations of NHB and NHF&G have been received; andc. The person responsible for the activity is aware of the limits of the SPN and BMPs for the project and will adhere to both.(c) If the department determines that a notification is administratively complete and that the project as described meets the requirements for an SPN, the department shall, within 5 working days of receipt of the notification, post on its website: (1) A notice that the notification was complete and that the project as described conforms with all applicable requirements; and(2) The effective date of the SPN, which shall be the date the SPN is posted by the department on its website.(d) For any forestry SPN issued as noted in (c), above, the department shall provide: (1) A copy suitable for posting at the job site to the applicant;(2) A letter to the property owner confirming the forestry SPN and noting the applicable conditions; and(3) A copy of the letter required by (2), above, to the town municipal offices, conservation commission if any, and NH DNCR district forest ranger.(e) If the department determines that a notification is incomplete or that the project as described does not meet the requirements for an SPN, the department shall send a written notice to the person responsible for the project that:(1) Identifies each deficiency; and(2) Informs the person that in order to proceed under the SPN, the person shall: a. File a complete and correct notification, if the project as described appears to meet the requirements for an SPN; orb. Obtain an LSA, EXP, or standard permit, if the project as described does not appear to meet the requirements for an SPN.(f) If a person receives a notice under (e), above, and proceeds with the work covered by the notification without first filing a complete and correct SPN form or obtaining a different type of authorization, then:(1) All work done shall be deemed to have been done without a permit or exemption; and(2) The person shall file an application for an after-the-fact standard permit.N.H. Code Admin. R. Env-Wt 308.05
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12954, Effective 12/24/2019, Expires 12/24/2029.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.Amended by Number 45, Filed November 9, 2023, Proposed by #13777, Effective 10/13/2023, Expires 10/13/2033.