N.H. Admin. Code § Env-Or 608.03

Current through Register No. 45, November 7, 2024

Section Env-Or 608.03 - AUR Application

(a) The applicant for an AUR shall provide the following to the department:

(1) All information required by the AUR application form obtained from the department;

(2) Where the AUR applies to an entire lot, at least one of the following:

a. A recordable plan of the site prepared by a New Hampshire registered land surveyor;

b. A reference by book and page number to a survey plan of the lot that has been recorded or registered in the registry of deeds for the county in which the site is located; or

c. A reference by book and page number to a property description of the lot that has been recorded or registered in the registry of deeds for the county in which the site is located;

(3) Where the area subject to the AUR comprises only a portion of a lot, the following:

a. A metes and bounds description of the restricted area; and

b. A recordable plan, prepared by a New Hampshire registered land surveyor, that shows the location of the restricted area in relation to the property boundaries of the site;

(4) The time period during which the AUR shall be effective;

(5) A precise description of the site activities and uses that will be prohibited on the site and allowed on the site;

(6) A description of how the restrictions will eliminate the risks to human health and the environment;

(7) A precise description of the measures which will be taken to ensure compliance of the activity and use restriction;

(8) A description of the procedures to be followed when an emergency requires immediate excavation of contaminated soil to repair utility lines or other infrastructure on the site, or to respond to other types of emergencies that might result in a significant risk to human health, evaluated pursuant to the procedure specified in Env-Or 606.19(d)(2) and (3), from exposure to contaminants at the site, which includes:

a. Notifying the department of such emergency condition;

b. Limiting disturbance of contaminated media to the minimum necessary to adequately respond to the emergency;

c. Undertaking specified precautions to reduce exposure of workers and neighbors of the site, to contaminated media; and

d. Preparation and implementation of a written plan for restoring the site to a condition consistent with the activity and use restrictions;

(9) An acknowledgment by the applicant that the AUR shall run with the land pursuant to Env-Or 608.01(b)(3);

(10) An analysis of the long-term feasibility of maintaining such AUR;

(11) An acknowledgement by the applicant to incorporate either in full or by reference the AUR into all deeds, easements, mortgages, leases, licenses, occupancy agreements, or any other instruments conveying an interest in and/or a right to use the property pursuant to Env-Or 608.01(b)(2);

(12) The procedures for modifying and terminating the AUR pursuant to Env-Or 608.06, and Env-Or 608.07;

(13) Title reference by which the property owner(s) acquired title to the property; and

(14) The proposed AUR document that will be recorded if the AUR application is approved.

(b) The applicant shall sign the application form. Such signature shall constitute certification that all information provided on or with the form or that otherwise is submitted by the applicant as part of the application is true, complete, and not misleading to the knowledge and belief of the signer.

N.H. Admin. Code § Env-Or 608.03

(See Revision Note at chapter heading for Env-Or 600) #8812, eff 2-1-07

Amended by Volume XXXV Number 23, Filed June 11, 2015 , Proposed by #10831, Effective 6/1/2015, Expires6/1/2025.