N.H. Admin. Code § Pes 602.01

Current through Register No. 48, November 27, 2024

Section Pes 602.01 - Form A-1 Application for a Special Permit to Conduct an Aquatic Pesticide Treatment

(a) An applicant for a special permit to conduct aquatic pesticide treatments under RSA 430:31,IV(a), except treatments to surface water of less than 10 acres as described by Pes 604.02, shall supply on Form A-1 Application for a Special Permit to Conduct an Aquatic Pesticide Treatment the following:

(1) The applicant's:

a. Name;

b. Address;

c. Telephone number;

d. Fax number;

e. Cell phone number, if the applicant wishes to provide it; and

f. Pesticide license number, if the applicant is the licensed pesticide applicator;

(2) The applicant's contact's:

a. Name;

b. Telephone number;

c. Cell phone number, if the contact wishes to provide it; and

d. Electronic mail address, if the contact wishes to provide it;

(3) If the licensed pesticide applicator is not the applicant, the licensed pesticide applicator's:

a. Name;

b. Address;

c. Electronic mail address;

d. Telephone number;

e. Fax number;

f. Cell phone number, if the licensed pesticide applicator wishes to provide it; and

g. Pesticide license number;

(4) If the client is someone other than the individual mentioned in (1), (2), or (3) above, the client's:

a. Name;

b. Address;

c. Telephone number;

d. Fax number; and

e. Electronic mail address, if the client wishes to provide it;

(5) If the client is someone other than the individual in (1), (2), or (3) above, that client's contact or spokesperson's:

a. Name;

b. Title, if applicable;

c. Telephone number;

d. Cell phone number, if the contact or spokesperson wishes to provide it; and

e. Electronic mail address, if the contact or spokesperson wishes to provide it;

(6) Whether any previous special permits were issued to conduct pesticide treatments at this site;

(7) If applicable, the permit number and year of the most recent permit issued to conduct pesticide treatment at this site;

(8) Whether there is a long-term management plan, pursuant to Pes 603.02(a)(11)b., for this location or project;

(9) If applicable, a copy of the long-term management plan, pursuant to Pes 603.02(a)(11)b., attached to this application, and including the following information:

a. The name of the plan; and

b. The month and year of issue or the date of the most recent amendment;

(10) Confirmation whether any alternative control methods, other than pesticides, have been used at this site;

(11) If applicable, a list of alternative control methods used at the site containing one of the following:

a. The method(s) used and the corresponding date(s) of use; or

b. A statement that the information is contained within a long-term management plan attached to this permit application form;

(12) If alternative control methods have not been used at this site, one of the following:

a. An explanation of the reason(s) alternative control methods have not been used; or

b. A statement that the reason alternative control methods have not been used is described within the long-term management plan attached to this permit application form;

(13) The names and addresses of the following:

a. All abutters;

b. All persons utilizing the waters for domestic purposes; and

c. All persons who have made known their objections to the treatment through written or verbal communication with the applicant;

(14) A description and map of the treatment area which includes:

a. The long-term management plan that the applicant wants considered during the application review process;

b. An overall description of the treatment area, including the following:

1. Specific information regarding treatment area(s), including:

(i) Overall length along the shoreline;

(ii) Width outward from the shoreline;

(iii) Average depth;

(iv) Total treatment area in surface acres and acre feet;

(v) Type of bottom;

(vi) A statement whether the proposed treatment area is a place where watercraft congregate for recreational use such as boating, rafting, water skiing, riding of personal watercraft, or similar activities;

(vii) If the proposed treatment area is an area pursuant to (vi) above, the location of the nearest public and private boat ramps, identified on accompanying maps; and

(viii) If there are multiple treatment area sites, list all sites referenced to the map with acreage of each individual site; and

c. A scale map of one inch to 800 to 1000 feet delineating treatment and surrounding area, including the location of:

1. Depth findings in the treatment area;

2. Riparian owners, abutters, and others affected by the treatment;

3. All inlet and outlet streams labeled as to whether the stream is inlet or outlet;

4. Bathing areas;

5. Bases of operations;

6. Sampling sites;

7. Public and private wells and surface water supplies, including intakes, that use the water for domestic purposes; and

8. Downstream use of water;

(15) The reason and need for pesticide application, including;

a. A statement as to whether a proposal is consistent with a current long-term management plan, if one exists, for the water body; and

b. Where the proposed treatment is not consistent with the long-term management plan, a description of how the proposal deviates from the plan, and the reason for such deviation;

(16) Whether the water level can be controlled, and how;

(17) The names of predominant species of game fish known to be present;

(18) A list of threatened and endangered species from the Natural Heritage Inventory, pursuant to Res 1108, that identifies the species that the treatment area encompasses;

(19) The use of the waters by abutters and those not contiguous to the treatment area, including:

a. The name, PWS identification number assigned by the department of environmental services, location, and distance to a proposed treatment area of any public water supply wells whose wellhead protection area(s) extend into a proposed treatment area, and the distance to the reference line that is closest to the proposed treatment area;

b. The name and location of any private water supply intakes and wells within 50 feet of a proposed treatment area and the distance to the reference line that is closest to the proposed treatment area;

c. A description of bathing uses, including locations relative to treatment area; and

d. A description of livestock watering and other agricultural uses and locations relative to the treatment area;

(20) The uses of the outlet waters, including:

a. Names, PWS identification numbers, and the location of sources of public water supplies within 1,000 feet of the outlet waters and less than 2 miles downstream of the treatment area; and

b. Location of nearest point downstream where waters are used for bathing, residential or agricultural irrigation, watering livestock, and for other agricultural uses;

(21) A statement that approval pursuant to Pes 602.01(c) has been sought;

(22) Where approval as specified under (21) above cannot be obtained or is not granted:

a. A statement as to the reason that approval was not obtained;

b. A description of the nature of, and reason for, any objection, where such information is made known to the applicant; and

c. Copies of any written objections that might have been directed to the applicant pursuant to Pes 602.01(a)(21);

(23) The method of notification to abutters and others directly affected by the treatment, pursuant to Pes 602.02, including:

a. The date any direct notices were mailed;

b. The names of any newspapers in which notice was published;

c. The dates of any notices provided;

d. A description of any method used for notification other than newspaper or direct mailing, along with the date of such notice; and

e. An attached copy of any notice, news releases, or direct mailings;

(24) A description of the pesticide application, including:

a. The identity of the target organism;

b. The method of treatment;

c. The name(s) of pesticide(s) with the EPA Registration Number(s) of the product(s);

d. The labels of pesticide to be used;

e. The application rate;

f. The amount to be used;

g. The date(s) of pesticide application(s);

h. The sequence of pesticide application(s); and

i. The number and acreage of blocks to be treated;

(25) The method of posting the treated area;

(26) The planned concentrations of pesticide that will be present in the waters after treatment;

(27) The name of the person who will be collecting samples, as specified under Pes 603.03(c)(24), and the following information:

a. The person's affiliation, such as, volunteer lake assessment program, municipal water works, or New Hampshire Environmental Laboratory Accreditation Program;

b. A qualification narrative including one of the following:

1. Experience conducting water sampling on behalf of a laboratory accredited by the New Hampshire Environmental Laboratory Accreditation Program;

2. Experience as a volunteer water quality monitor trained by an entity such as the New Hampshire department of environmental services or the university of New Hampshire;

3. Water sampling experience; or

4. Water sampling training;

(28) The identity, address, telephone number, fax number, and electronic mail address and location of the laboratory conducting required analysis as specified in Pes 603.03(c)(24);

(29) If treatment is proposed in surface waters or the surface water's tributaries within 5 miles upstream of an intake used for public water supply, the applicant shall:

a. Present data as to the anticipated impact to the water supply, at a minimum to include such information as:

1. Estimates of the dispersion and dilution of the pesticide over time;

2. Flow characteristics;

3. Anticipated maximum concentration of pesticide at the affected public water supply intake(s); and

4. An estimate of the time, post treatment, when the maximum concentration of pesticide would be anticipated; and

b. Provide information, if no reasonable non-chemical alternative is available, as to why no reasonable non-chemical alternative information is available;

(30) Certification, by the applicant's signature, that:

a. The information on the form is true and correct to the best of the applicant's knowledge and belief; and

b. The applicant assumes full responsibility for:

1. Any damage resulting from inaccuracies in the information provided on the application form;

2. Miscalculations;

3. Improper applications of chemicals; and

4. Failures on the part of the applicant to gain the approval, or accommodate the objections of any riparian owners and other affected persons whose approval is required to be sought under Pes 600; and

(31) The signatures of the pesticide applicator and the client for whom the treatment is being made.

(b) The applicant shall mail or hand-deliver the completed application to:

NH Division of Pesticide Control

PO Box 2042, 25 Capitol Street

Concord, NH 03302-2042

(c) The applicator shall seek approval for the proposed pesticide application from riparian owners, owners of public water systems, and abutters, both in the vicinity of the treatment area and along the outlet stream, who may have to temporarily restrict their usage of water.

(d) Information submitted in support of proposed treatment shall be complete and any falsification of information shall result in denial or revocation of the special permit.

(e) The division shall act upon the permit request within 90 days of its receipt.

N.H. Admin. Code § Pes 602.01

#1547, eff 3-13-80; ss by #2209, eff 12-13-82; ss by #2781, eff 7-26-84; ss by #4867, eff 7-19-90; EXPIRED: 7-19-96

New. #6316, eff 8-13-96; ss by #7460, eff 3-15-01; ss by #7890, eff 5-19-03; ss by #8131, eff 8-13-04

Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10619, Effective 5/13/2014, Expires11/10/2014.

Amended by Volume XXXV Number 32, Filed August 13, 2015 , Proposed by #10875, Effective 7/8/2015, Expires7/8/2025.

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12122, Effective 2/28/2017, Expires 2/28/2027.