Section Env-Wt 311.02 - Pre-Application Requirements for Projects Requiring Compensatory Mitigation Prior to finalizing the details of a proposed project that is required by Env-Wt 313.04 to provide compensatory mitigation, the applicant shall:
(a) Undertake the reviews and responses required by Env-Wt 311.01;(b) Provide: (1) A statement that an in-lieu fee payment shall be made in accordance with RSA 482-A;(2) A permittee-responsible compensatory mitigation proposal that meets the requirements of Env Wt 803 and demonstrates that the requirements of Env-Wt 804, Env-Wt 805, and Env-Wt 806 will be met, as applicable; or(3) Both of the documents in (1) and (2) if the proposed project includes a combination of in-lieu fee payment and permittee-responsible compensatory mitigation;(c) Except for projects where the department of transportation is the applicant and at least 30 days but not more than 90 days before submitting the application schedule, attend a pre-application meeting with the department to discuss the proposed project and all applicable requirements and to coordinate the review of the compensatory mitigation proposal;(d) Bring all information collected or otherwise prepared pursuant to Env-Wt 311.01 and (a)-(c), above, as well as a narrative description of how avoidance and minimization and functional assessment have been addressed to the meeting required by (d), above; and(e) Provide the following information to the department at or prior to the meeting, as applicable to the type of compensatory mitigation proposed:(1) The location of the proposed project site and whether the project is located in any area designated in the WAP as highest-ranked habitat based on ecological conditions;(2) If the impact is to wetland resources, the wetland classification as identified on the national wetland inventory maps available from the New Hampshire statewide geographic information system clearinghouse, NH GRANIT, accessible at http://www.granit.unh.edu/;(3) The location of the proposed mitigation project, including whether the project is located in any area designated in the WAP as highest quality habitat in the state or biological region;(4) The type of compensatory mitigation proposed;(5) Ground-level photographs of the wetlands, surface waters, and other jurisdictional areas where the work is proposed as well as aerial photographs of the proposed project site, compensatory mitigation site, and surrounding areas;(6) Division of historic resources information regarding the compensatory mitigation site;(7) A brief narrative explaining the project impacts and how the proposed compensatory mitigation will offset the loss of functions and values of the wetlands that would be impacted by the project for which the permit is sought;(8) An estimated date for submitting a complete compensatory mitigation proposal; and (9) Information, compensatory mitigation plans, and concepts discussed with the local conservation commission.N.H. Admin. Code § Env-Wt 311.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.Amended by Number 45, Filed November 9, 2023, Proposed by #13777, Effective 10/13/2023, Expires 10/13/2033.