Section Env-Wt 311.07 - Demonstration of Avoidance and Minimization(a) Subject to (c), below, the applicant shall submit with the application a written narrative that explains how all impacts to functions and values of all jurisdictional areas have been avoided and minimized to the maximum extent practicable, as required by Env-Wt 313.03.(b) The explanation required by (a), above, shall include the following: (1) Whether the primary purpose of the proposed project is to construct a water access structure or requires access through wetlands to reach a buildable lot or portion thereof;(2) Except as provided in any project-specific criteria and except for any NHDOT project that qualifies for a categorical exclusion under the National Environmental Policy Act (NEPA) or that would qualify for a categorical exclusion if NEPA applied, for any project that proposes new permanent impacts of more than one acre or that proposes new permanent impacts to a PRA, or both, whether any other properties reasonably available to the applicant, whether already owned or controlled by the applicant or not, could be used to achieve the project's purpose without altering the functions and values of any jurisdictional area, in particular wetlands, streams, and PRAs;(3) Whether alternative designs or techniques, such as different layouts, different construction sequencing, or alternative technologies could be used to avoid impacts to jurisdictional areas or their functions and values as described in the A/M BMPs, available as noted in Appendix B; and(4) Except for projects solely limited to construction or modification of non-tidal shoreline structures, which shall be subject to criteria in Env-Wt 313.03(c), how the project conforms to Env-Wt 311.10(c).(c) In lieu of a written narrative, the applicant may submit a completed "Avoidance and Minimization Checklist" dated May 2020, NHDES W-06-050.N.H. Code Admin. R. Env-Wt 311.07
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 (formerly Env-Wt 309.07).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.