N.H. Code Admin. R. Env-Wt 311.10

Current through Register No. 25, June 20, 2024

Section Env-Wt 311.10 - Functional Assessment

(a) Subject to (d) and (e), below, the functional assessment required by Env-Wt 311.03(b)(10) for minor or major projects impacting non-tidal wetlands, vernal pools, and watercourses shall be:

(1) Performed by a certified wetland scientist; and

(2) Completed using one of the following methods:

a. US ACE Highway Methodology Workbook, dated 1993, together with the US ACE New England District Highway Method Workbook Supplement, dated 1999, both available as noted in Appendix B; or

b. An alternative scientifically-supported method with cited reference and the reasons for the alternative method substantiated.

(b) The functional assessment required by Env-Wt 311.03(b)(10) for minor or major projects impacting tidal areas shall be:

(1) Performed by a qualified coastal professional as defined in Env-Wt 602; and

(2) Completed as specified in Env-Wt 600.

(c) After completing the functional assessment, the applicant shall:

(1) Use the results of the functional assessment to select the location of the proposed project having the least impact to wetlands functions;

(2) Design the proposed project to have the least impact to wetlands functions;

(3) Where impact to wetland functions is unavoidable, limit the project impacts to the least valuable functions on the site while avoiding and minimizing impacts to the highest and most valuable functions; and

(4) Include on-site minimization measures and construction management practices to protect aquatic resource functions.

(d) For minor or major projects requiring a standard permit without mitigation, the applicant shall submit a wetland evaluation report that includes completed checklists and information demonstrating the relative functions and values of each wetland evaluated.

(e) For a shoreline structure over inland surface waters that are not vegetated wetlands, in lieu of (a) through(d), above, the applicant shall submit a statement describing how the project's design meets applicable project-specific rules for the proposed shoreline structure and its proposed location.

N.H. Code Admin. R. Env-Wt 311.10

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.