N.H. Code Admin. R. Env-Wt 310.01

Current through Register No. 25, June 20, 2024
Section Env-Wt 310.01 - EXP Submission Requirements

To obtain an EXP, the applicant shall complete and submit to the department Form NHDES-W-06-052, "Expedited Minimum Impact (EXP) Wetlands Permit Application", dated September 2023:

(a) The name, mailing address, and daytime telephone number including area code of the applicant, the applicant's agent if any, and each owner of the subject property if the applicant does not own the property;
(b) Information on the proposed project location, including:
(1) The location of proposed project by street address, tax map and lot number, and latitude and longitude as decimal degrees to 5 decimal places (D.ddddd);
(2) A copy of town tax map showing the location of the proposed project in relation to abutters;
(3) A list of abutters' names and mailing addresses to cross-reference with the tax map;
(4) A copy of the appropriate USGS map with the property and project clearly marked;
(5) Name of water body, wetland, or other jurisdictional area where work is proposed;
(6) Photos that:
a. Clearly show the area to be impacted;
b. Are mounted or printed no more than 2 per sheet on 8.5 inches x 11 inches paper; and
c. Are annotated to explain impact;
(7) Whether the proposed project location is:
a. In a PRA; or
b. Within a designated river corridor; and
(8) The NHB memo containing the NHB identification number and results and recommendations from NHB as well as any consultation requests made to NHF&G pursuant to Fis 1004.01, communications and information related to the consultation, results of the consultation from NHF&G pursuant to Fis 1004.01, and any recommendation for actions necessary to prevent adverse impacts to species protected under Fis 1400;
(c) Information on the proposed project, including:
(1) Identification of the applicable minimum impact provision(s) in Env-Wt 500, Env-Wt 600, or Env-Wt 900 and the project-specific information required by those provision(s);
(2) A brief description of the project and the purpose of the project, outlining the scope of work to be performed and whether impacts are temporary or permanent, including the dimensions of the impacts in jurisdictional areas;
(3) Identification of the type of landform to be affected, including the type of wetland;
(4) An accurate drawing showing the precise location, with detailed dimensions clearly annotated to document existing site conditions and to show the proposed impacts to the jurisdictional areas;
(5) An accurate drawing to show the impact of the proposed activity on jurisdictional areas, including the following:
a. An overview of the property and proposed impact areas in relation to property lines;
b. The scale, if any, used on the drawing;
c. If the drawing is not to scale, the dimensions of all existing and proposed structures, existing and proposed topography, and all other relevant features necessary to clearly define the project;
d. A labeled north-pointing arrow to indicate orientation;
e. A legend that clearly indicates all symbols, line types, and shading used on the plan;
f. The location of the jurisdictional areas delineated and associated wetland delineation notes, in accordance with Env-Wt 400;
g. The proposed construction sequence including pre-construction through post-construction activities and the relative timing and progression of all work;
h. The location and type of siltation and turbidity controls indicated graphically and labeled or annotated as necessary;
i. For any project using a temporary coffer dam and for any repair of a tier 3 stream crossing, the date, signature, and seal of the licensed professional engineer who prepared or had responsibility for the plan(s);
j. For restoration/enhancement projects, the information required to be shown on a map by Env-Wt 525;
k. For tidal minimum impact projects, the information required to be shown on a map by Env-Wt 600;
l. For minimum impact stream crossing projects, the information required to be shown on a map by Env-Wt 900; and
m. Plans or documentation showing that impacts have been avoided and minimized to the maximum extent practicable per Env-Wt 313.03(a);
(6) The number of linear feet of shoreline frontage for projects located on water bodies;
(7) The linear distance of the project from abutting property boundaries;
(8) As applicable:
a. The type of dock construction;
b. The diameter of culvert(s) to be used for road or driveway crossings;
c. The additional information specified in Env-Wt 522 for minimum impact agricultural applications;
d. Plans for maintenance of retaining walls, as specified in Env-Wt 514;
e. Specifications and plans for maintenance of rip-rap, as required by Env-Wt 514; and
f. Any other project-specific plan, cross section, or information required under Env-Wt 500;
(d) A signed statement by the applicant certifying, in addition to the certifications specified in Env-Wt 311.11, that:
(1) The proposed project meets the conditions and limits of the applicable minimum impact project rule;
(2) All abutters have been notified;
(3) If the project is to repair or replace a docking structure, the docking structure is an existing legal structure;
(4) The proposal is the alternative with the least adverse impact to jurisdictional areas, as required by Env-Wt 313.03;
(5) The project is not an after-the-fact application;
(6) The project is:
a. Not located in a PRA; or
b. Is located in a PRA but is subject to a classification adjustment under Env-Wt 407.02 or a project-type exception (PTE) under Env-Wt 407.04; and
(7) The applicant is aware of the limits of the EXP and understands and will comply with all conditions in the EXP and all applicable conditions in Env-Wt 307;
(e) The application fee for minimum impact projects as required by RSA 482-A:3, I;
(f) As of December 24, 2019, a statement signed by the town or city clerk of the municipality in which the property is located or, if the property is located in more than one municipality, by the city or town clerk of each such municipality, certifying that the municipality has received 4 copies of the application including all attachments;
(g) A signed statement by the county conservation district or certified wetland scientist, where required by the appropriate minimum impact project rule, certifying compliance with all conditions of that rule;
(h) A signed statement from the municipal conservation commission or, if there is no conservation commission, the local governing body, certifying that the municipality waives its right to intervene on the project, which may be submitted via email, or an indication by the applicant that they are applying for a minimum impact application under the processing timelines for a standard permit application under Env-Wt 311; and
(i) A signed statement from the LAC, if the project is within LAC jurisdiction, certifying that the LAC has received a copy of the application from the applicant and waives its right to intervene on the project.

N.H. Code Admin. R. Env-Wt 310.01

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 7, Filed February 13, 2020, Proposed by #12976, Effective 1/22/2020, Expires 1/10/2030.
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.