N.H. Code Admin. R. Env-Wt 803.02

Current through Register No. 25, June 20, 2024
Section Env-Wt 803.02 - Additional Information for Wetland Impact Projects and Wetland Restoration, Enhancement, or Creation Mitigation Proposals
(a) For a wetland impact project, the functional assessments submitted pursuant to Env-Wt 803.01(e) and (f) shall be prepared using:
(1) The methods specified in:
a. The U.S. ACE New England District highway methodology workbook supplement, 1999, reprinted in 2015, (US ACE Highway Workbook Supplement), available as noted in Appendix B; or
b. The Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire, 2013 edition, available as noted in Appendix B; and
(2) Data on the surrounding area, including but not limited to:
a. Land use;
b. Soils;
c. Habitat information from the NHF & G WAP, including critical habitats and populations of the state's species of conservation and management concern;
d. Whether there are any rare, special concern, or state or federally listed threatened or endangered species present, including any flora, fauna, or migratory species; and
e. Exemplary natural communities and natural community systems identified by NHB.
(b) For permittee-responsible wetlands restoration, enhancement, or creation, the plan and report submitted pursuant to Env-Wt 803.01 also shall:
(1) Include a functional assessment as described in (a), above, of each proposed mitigation site;
(2) Describe how the proposal creates hydrologic conditions or connections that will produce the desired wetland functions or values to be restored or created;
(3) Contain detailed plans with existing and proposed grades, projected water fluctuations, and proposed wetland cover types;
(4) Describe construction procedures and timing of the proposed work;
(5) Contain a planting proposal with the source of soils to be used, erosion controls to be installed, and an invasive species control plan, if applicable;
(6) Identify the location of the mitigation site relative to other protected lands with an explanation of how the site meets the selection criteria stated in Env-Wt 805.02; and
(7) Explain why the mitigation project will result in a resource with overall functions and values equal to or greater than the jurisdictional area(s) impacted by the project.

N.H. Code Admin. R. Env-Wt 803.02

#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

Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11000, Effective 2/1/2016, Expires 2/1/2026.
Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12808, Effective 12/15/2019, Expires 12/15/2029.