N.H. Code Admin. R. Env-Wt 313.01

Current through Register No. 25, June 20, 2024

Section Env-Wt 313.01 - Criteria for Approving Standard Permit Applications

(a) The department shall not approve an application for a standard permit and issue a permit unless:

(1) The applicant has:

a. Met the requirements of Env-Wt 311.10 regarding functional assessments;

b. Met the avoidance and minimization requirements specified in Env-Wt 313.03, subject to (c), below; and

c. Submitted a proposal for compensatory mitigation that meets the requirements of Env-Wt 800 for all permanent impacts that will remain after avoidance and minimization as described in a. and b., above, unless not required under Env-Wt 313.04;

(2) All applicable conditions specified in Env-Wt 307 have been met;

(3) All resource-specific criteria established in Env-Wt 311.09, Env-Wt 400, Env-Wt 500, Env-Wt 600, Env-Wt 700, or Env-Wt 900 have been met;

(4) All project-specific criteria established in Env-Wt 500, Env-Wt 600, or Env-Wt 900 have been met; and

(5) As required by RSA 482-A:11, II for a permit to dredge or fill, the work will not "infringe on the property rights or unreasonably affect the value or enjoyment of property of abutting owners" based on documentation that the proposed dredge and fill activity will:

a. Be located entirely within the boundary of the applicant's property interest; and

b. Not result in any observable change in off-site surface water levels or flows.

(b) Unless a waiver is granted under Env-Wt 203, the department shall not grant a permit if the project proposes to place fill in a jurisdictional area to achieve a set-back established in Env-Wq 1000 or in local ordinance between the jurisdictional area and the effluent disposal area of an individual sewage disposal system.

(c) The requirements to avoid and minimize shall not be deemed to be met if:

(1) There is a practicable alternative that would have a less adverse impact on the area and environments under the department's jurisdiction;

(2) The project will cause random or unnecessary destruction of wetlands; or

(3) The project would cause or contribute to:

a. The significant degradation of waters of the state; or

b. The loss of any PRAs.

(d) The department shall deny an application if it is unable to determine that the criteria for issuing a permit as stated in (a), above, have been met.

(e) If the application is denied, the department shall notify the applicant in writing of the denial and identify the reason(s) for the denial.

N.H. Code Admin. R. Env-Wt 313.01

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 Number 45, Filed November 9, 2023, Proposed by #13777, Effective 10/13/2023, Expires 10/13/2033.