N.H. Code Admin. R. Env-Wt 706.02

Current through Register No. 25, June 20, 2024

Section Env-Wt 706.02 - Requirements for Waiver Requests for Forestry Activities

(a) The applicant for a waiver under Env-Wt 706.01(a) shall submit a request for a waiver to the department at the same time the applicant submits the notification for an SPN or PBN or an application for an EXP or standard permit, as applicable, by submitting a completed Prime Wetlands Waiver Forestry & Other Activities, NHDES-W-06-088, dated May 2020.

(b) The waiver request shall include the following:

(1) The information required by RSA 482-A:11, IV(b)(1), as follows:

a. A sketch of the property depicting the best approximate location of each prime wetlands/ buffer in which work is proposed and the location of proposed work, including access roads;

b. A written description of the work to be performed and a copy of the notice of intent to cut, if applicable; and

c. A list of the prime wetlands values as identified by the municipality in designating each prime wetlands under RSA 482-A:15;

(2) Such information as is required to demonstrate that there will be no significant net loss of wetlands values identified by the municipality when the prime wetlands/buffer was designated;

(3) As authorized by RSA 482-A:11, IV(b)(4)(B), a filing fee of:

a. $200 for projects that would otherwise qualify for a minimum impact forestry notice if it was not located in or near a designated prime wetlands/buffer;

b. $500 for minor impact projects that do not qualify under a., above, and are not major projects; and

c. $1,250 for major impact projects classified regardless of prime wetlands designation; and

(4) Written comments on the application from the conservation commission or local governing authority, as applicable, stating that:

a. The members have no objections to the requested waiver;

b. The members have no objections to a waiver if the conditions specified in the comments are met; or

c. The members object to the waiver for the reason(s) stated in the comments.

(c) As required by RSA 482-A:11, IV(b)(3), at the time the applicant submits the waiver request to the department, the applicant also shall submit, via certified mail, a copy of the waiver request and all supporting documentation to the local governing body, the planning board, if any, and the conservation commission, if any, of the municipalities in which any prime wetlands/buffer associated with the application are located.

(d) As also required by RSA 482-A:11, IV(b)(3), if a prime wetlands/buffer associated with the application extends into an abutting property, the property owner requesting the waiver shall provide a copy of the waiver request and all supporting documentation to the owner of that abutting property.

(e) The applicant shall send the notice required by (d), above, by certified mail.

N.H. Code Admin. R. Env-Wt 706.02

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12807, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 700).

Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.