N.H. Code Admin. R. Env-Wt 804.04

Current through Register No. 25, June 20, 2024

Section Env-Wt 804.04 - Criteria for Evaluation of an Aquatic Resource Buffer

To propose compensatory mitigation based on aquatic resource buffer preservation, the applicant shall:

(a) Submit a functional assessment of each jurisdictional area to be impacted;

(b) Describe how the property proposed for preservation will be legally protected in perpetuity;

(c) If protective measures already exist on the mitigation site(s), identify the existing protective measures and describe how the proposed additional measures would provide greater protection of the aquatic resources on the site(s);

(d) Delineate all wetlands within the proposed compensatory mitigation area and all contiguous wetlands and surface waters as follows:

(1) For compensatory mitigation areas comprising 10 acres or more, delineation shall be completed:

a. By a certified wetland scientist in accordance with Env-Wt 406.01; or

b. By interpretation of aerial photography, published soil surveys, U.S. Fish and Wildlife Service National Wetland Inventory maps, or other available information; and

(2) For compensatory mitigation areas comprising less than 10 acres, delineation shall be completed by a certified wetland scientist in accordance with Env-Wt 406.01;

(e) Identify the property or portion of property on a tax map and USGS quad map;

(f) Identify the legal entity that holds or will hold the conservation easement, which shall not be the owner in fee of the property;

(g) Submit a property survey plan in accordance with Env-Wt 808.11 that identifies the boundaries of the compensatory mitigation area;

(h) Submit a draft legal description of the compensatory mitigation area;

(i) Submit the items required by Env-Wt 311.08;

(j) Submit color photographs to illustrate important site features with location(s) noted on the property survey plan, including the location(s) of:

(1) Significant ecological features;

(2) Existing impervious surfaces, including but not limited to buildings, structures, and trails;

(3) Wells;

(4) Power lines or pipelines;

(5) Historic resources; and

(6) Other improvements that will be in place at the time of the establishment of the compensatory mitigation area; and

(k) Submit a stewardship plan for the property that has been accepted by the conservation easement grantee.

N.H. Code Admin. R. Env-Wt 804.04

#8062, eff 3-13-04; ss by #8341, eff 4-25-05 (See Revision Note at chapter heading of Env-Wt 800); ss by #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.