Section Fis 1004.12 - Further Consultation(a) The applicant may request further consultation with the department in writing within 10 business days following receipt of the written recommendations provided in Fis 1004.11(a). (b) The state agency engaged in permitting the proposed action may request further consultation with the department in writing within 10 business days following receipt of the written recommendations provided in Fis 1004.11(a).(c) A request for further consultation by either the applicant or the referring state agency shall be deemed a request for a 30-day extension of the 60-day deadline provided in Fis 1004.11(a).(d) At any time during the extension period, or any further extension thereof requested by the applicant, the department shall modify its comments and recommendations as necessary, in whole or in part, following receipt of new or additional information from either the applicant or the state agency engaged in permitting the proposed action. (e) At any time during the extension period, or any further extension thereof requested by the applicant, the department shall advise the referring state agency that no modifications to comments or recommendations shall be offered if it determines that the requested changes do not avoid and minimize harm to the identified species or habitat under review. N.H. Admin. Code § Fis 1004.12
Derived from Volume XLII Number 2, Filed January 13, 2022, Proposed by #13313, Effective 2/3/2022, Expires 2/3/2032