1. (a) The person responsible for a project that includes an activity listed in Env-Wt 308.04 shall activate the relevant SPN by completing and submitting to the department the applicable notification as listed in Env-Wt 308.06, Table 308-1, and submitting the following information:

   1. (1) The information specified in the applicable statutory provision, including any applicable fee;

   2. (2) Proof that the project conforms to the statutory criteria, including:

      1. a. The DataCheck Tool results identification number and an affirmation that recommendations pursuant to Env-C 800 have been received;

      2. b. For a forestry SPN:

         1. 1. A USGS topographic map or NRCS soils map, with the type and location of all wetlands and waterbody crossings clearly indicated pursuant to RSA 482-A:3, V(b)(4);
         2. 2. The notice of intent to cut filed with the department of natural and cultural resources pursuant to RSA 482-A:3, V(a); and
         3. 3. Documentation to prove that the minimum impact criteria in Env-Wt 520.05 have been met, such as a plan or sketch;
      3. c. For a trails SPN pursuant to RSA 482-A:3, XII(b)(4), a copy of the appropriate USGS topographic map at its original scale with the type and location of all wetland and waterbody crossings clearly indicated;

      4. d. For a utility SPN pursuant to RSA 482-A:3, XV(b)(3):

         1. 1. A copy of the appropriate USGS topographic map at its original scale with the project locations or utility corridor clearly identified; and
         2. 2. The most recent National Wetland Inventory map, USGS topographic map, or annotated aerial photograph showing the wetland types crossed; and

      5. e. For minimum impact projects to repair or replace culverts or stream crossing structures as provided in Env-Wt 308.04(d):

         1. 1. A copy of the appropriate USGS topographic map at its original scale with the project locations clearly labeled;
         2. 2. Information regarding the existing and proposed structure shown on plan sheets or equivalent plans, including the existing type ad location of the structure, diameter of the culvert, the total length of the culvert, and a listing of Best Management Principles from the Routine Rodway BMPs to be used during construction; and
         3. 3. Color photographs of the proposed work sites showing existing structures, surrounding land, and jurisdictional areas in and adjacent to the work location; and
   3. (3) For minimum impact projects to repair or replace culverts or stream crossing structures as provided in Env-Wt 308.04(d), except for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purposes, if the project is within LAC jurisdiction then the LAC has signed the notification to waive its right to intervene.

2. (b) The person responsible for the activity shall:

   1. (1) Sign and certify the notification in accordance with Env-Wt 311.11; and

   2. (2) Affirm that:

      1. a. The project is not located in a PRA, except as provided in Env-Wt 407;
      2. b. All recommendations of the ecological review section of the department have been received; and
      3. c. The person responsible for the activity is aware of the limits of the SPN and BMPs for the project and will adhere to both.

3. (c) If the department determines that a notification is administratively complete and that the project as described meets the requirements for an SPN, the department shall, within 5 working days of receipt of the notification, post on its website:

   1. (1) A notice that the notification was complete and that the project as described conforms with all applicable requirements; and
   2. (2) The effective date of the SPN, which shall be the date the SPN is posted by the department on its website.

4. (d) For any forestry SPN issued as noted in (c), above, the department shall provide:

   1. (1) A copy suitable for posting at the job site to the applicant;
   2. (2) A letter to the property owner confirming the forestry SPN and noting the applicable conditions; and
   3. (3) A copy of the letter required by (2), above, to the town municipal offices, conservation commission if any, and NH DNCR district forest ranger.

5. (e) If the department determines that a notification is incomplete or that the project as described does not meet the requirements for an SPN, the department shall send a written notice to the person responsible for the project that:

   1. (1) Identifies each deficiency; and

   2. (2) Informs the person that in order to proceed under the SPN, the person shall:

      1. a. File a complete and correct notification, if the project as described appears to meet the requirements for an SPN; or
      2. b. Obtain an LSA, EXP, or standard permit, if the project as described does not appear to meet the requirements for an SPN.

6. (f) If a person receives a notice under (e), above, and proceeds with the work covered by the notification without first filing a complete and correct SPN form or obtaining a different type of authorization, then:

   1. (1) All work done shall be deemed to have been done without a permit or exemption; and
   2. (2) The person shall file an application for an after-the-fact standard permit.

Source. #12803, eff 12-15-19; amd by #12954, eff 12-24-19; amd by #13124, eff 10-23-20; ss by #13777, eff 10-13-23; ss by #14349, INTERIM, eff 8-26-25; ss by #14471, eff 1-2-26, EXPIRES: 1-2-36