Section Env-Wt 803.09 - Alternative Compensatory Mitigation Proposals(a) An applicant may propose permittee-responsible compensatory mitigation that does not meet or exceed the ratios listed in Table 800-1 if the alternative will have greater benefit to water quality, wildlife, aquatic life, habitat(s) for wildlife or aquatic life, or other functions and values of wetlands and surface waters identified in RSA 482-A:1 or to one or more of the following: (1) Exemplary natural communities as identified by NHB;(2) Habitat that supports rare, threatened, or endangered species, or species of concern, as identified by NHB or by the WAP; or(3) Ecologically important lands as designated or similarly identified by the local river management advisory committee, municipality, or other state or federal agencies for protection of biodiversity values such as those listed in (1) or (2), above.(b) If the applicant proposes alternative compensatory mitigation for a project for which a federal permit from the US ACE under section 404 of the Clean Water Act is also required, the applicant shall consult with the US ACE relative to whether additional mitigation will be required.(c) Alternative compensatory mitigation allowed under (a) or (b), above, shall meet all other applicable requirements of Env-Wt 800.N.H. Code Admin. R. Env-Wt 803.09
Derived From 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.