N.H. Code Admin. R. Env-Wt 807.05

Current through Register No. 25, June 20, 2024
Section Env-Wt 807.05 - Adjustments to Mitigation Monitoring Plan
(a) If the mitigation project has met or exceeded its performance standards in fewer than 5 growing seasons, the permittee may request the department to waive subsequent monitoring by submitting the following to the department in writing:
(1) A statement that all performance standards have been met; and
(2) Documentation to support the statement, including photo documentation and certification from the certified wetland scientist who conducted the monitoring that the mitigation project has met its performance standards.
(b) The department shall waive implementation of the remaining monitoring plan if the information provided by the permittee pursuant to (a), above, demonstrates that the performance standards have been met or exceeded and that continued monitoring is not needed.
(c) The permittee may request the department to reduce subsequent monitoring if the mitigation project has achieved some performance standards sooner than anticipated, by submitting the following to the department in writing:
(1) An explanation, including photo documentation, of the extent to which the performance standards have been met;
(2) A description of the proposed revised monitoring plan; and
(3) Certification from the certified wetland scientist who is conducting the monitoring that the mitigation project has met some of its performance standards sooner than anticipated and that the revised monitoring proposal is sufficient to ensure that the remaining performance standards are likely to be met.
(d) The department shall approve a reduced monitoring plan if the information provided by the permittee pursuant to (c), above, demonstrates that based on the extent to which the mitigation project has exceeded its performance standards, the reduced plan appears sufficient to ensure that all performance standards will be met.
(e) If all performance standards have not been met within the time period specified in the monitoring plan, the permittee shall extend the monitoring.

N.H. Code Admin. R. Env-Wt 807.05

#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.