Section Env-Wt 803.07 - Compensation Amount(a) The applicant may propose a combination of the types of compensatory mitigation listed in Table 800-1 to meet the requirements of this section.(b) For a project for which permittee-responsible mitigation is proposed, the department shall not require the applicant to propose mitigation ratios exceeding the ratios as listed in Table 800-1 for approval of any project under this chapter, provided, however, that nothing herein shall prevent the department from accepting a proposal that exceeds the mitigation ratios listed in Table 800-1.(c) As required by RSA 482-A:30, the department shall calculate the amount of an in-lieu mitigation payment for wetland impact projects by summing the following items: (1) The cost that would have been incurred if a wetland of the same type was constructed at the ratios listed in Table 800-1 based on a price of $65,000 per acre of wetland created, adjusted according to the annual simple rate of interest on judgments established by RSA 336:1, II;(2) The area of wetlands that would need to be constructed, at the ratios established in Table 800-1, times the cost of land where the impact is occurring as calculated by the assessed land values determined by the NH department of revenue administration which are equalized and divided by the number of acres in each municipality to yield a per acre equalized land value; and(3) The administrative assessment authorized by RSA 482-A:30, III.(d) For permittee-responsible stream mitigation, the applicant shall demonstrate that the amount of compensatory mitigation meets or exceeds the total amount of impacted stream area that may include the stream bottom and associated stream banks as calculated according to Env-Wt 407.03(b).(e) As required by RSA 482-A:30-a, the department shall calculate the amount of an in-lieu mitigation payment for stream or shoreline resource losses by summing the following items: (1) The cost that would have been incurred if a stream of the same type were restored at the ratios established in Table 800-1, based on a price of $200 per linear foot of channel or bank impacts or both, adjusted according to the annual simple rate of interest on judgments established by RSA 336:1, II; and(2) The administrative assessment authorized by RSA 482-A:30-a, II.(f) For a project that would have both wetland impacts and stream impacts, the department shall calculate the amount of an in-lieu mitigation payment as follows: (1) For wetland impacts and stream impacts that can be distinguished from each other, by summing the payments calculated pursuant to (c) and (e), above; and(2) For wetland impacts and stream impacts that cannot be distinguished from each other, by calculating the amount of an in-lieu mitigation payment for the impact that would result in the greater environmental loss pursuant to (c) or (e), above, as applicable.(g) For a project for which the applicant proposes a combination of permittee-responsible mitigation and an in-lieu mitigation payment, the department shall not require the applicant to propose a combined total that exceeds the mitigation ratios listed in Table 800-1, provided, however, that nothing herein shall prevent the department from accepting a proposal that exceeds those mitigation ratios.N.H. Code Admin. R. Env-Wt 803.07
#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.