Section Env-Wt 803.01 - Plan and Report Required for All Mitigation ProposalsWith each mitigation proposal, the applicant shall submit a plan and report prepared by a certified wetland scientist or qualified professional, as applicable, that:
(a) Identifies the size of the proposed project's impact to each jurisdictional area;(b) Identifies each type of jurisdictional area to be impacted, with wetlands being classified by a certified wetland scientist using the federal classification method, found in the "Classification of Wetlands and Deepwater Habitats of the United States", 2nd Edition (2013), available as noted in Appendix B;(c) Explains whether mitigation will be provided:(1) In the form of a payment to the ARM fund;(2) Through the completion of permittee-responsible mitigation including wetland restoration, aquatic resource buffer preservation, or wetland creation; or(3) A combination of both;(d) If other than payment to the ARM fund is proposed, shows the location of the proposed mitigation site;(e) Includes a functional assessment of the impacted jurisdictional area(s);(f) Includes a functional assessment of the proposed mitigation site;(g) Provides a date when a complete mitigation proposal will be submitted to the department;(h) If an aquatic resource buffer preservation project is proposed: (1) Documents the current conditions;(2) Identifies any existing encumbrances or restrictions on the property;(3) Summarizes the conservation goals in accordance with Env-Wt 804; and(4) Contains a baseline documentation report in accordance with Env-Wt 808.15;(i) If wetland restoration or creation is proposed:(1) Identifies the predominant functions to be created, restored, or replaced; and (2) Summarizes the proposed measures of the proposed project in accordance with Env-Wt 803.02(b), Env-Wt 803.03, and Env-Wt 803.04;(j) If stream restoration or enhancement is proposed, identifies the predominant functions to be restored or enhanced in accordance with Env-Wt 806;(k) Includes a detailed account of the compensatory mitigation recommendations, if any, provided by the conservation commission or governing body, such as a copy of the meeting minutes, from the town in which the project is located;(l) For a project having impacts within a designated river corridor as defined by RSA 483:4, XVIII, includes a detailed account of the recommendations, if any, provided by the local river management advisory committee established pursuant to RSA 483:8-a; and(m) If permittee-responsible mitigation will be proposed, includes a proposed monitoring plan as described in Env-Wt 803.04.N.H. Code Admin. R. Env-Wt 803.01
#8062, eff 3-13-04; ss by #8341, eff 4-25-05 (See Revision Note at chapter heading of Env-Wt 800); ss by #8762, INTERIM, eff 11-21-06, EXPIRED: 5-20-07
New. #8911, eff 6-20-07; amd by #9717, eff 5-25-10
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11000, Effective 2/1/2016, Expires 2/1/2026 (See Revision Note at part heading for Env-Wt 803).Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12808, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 800).Amended by Number 45, Filed November 9, 2023, Proposed by #13774, Effective 10/13/2023, Expires 10/13/2033.