N.H. Code Admin. R. Env-Wt 905.16
(a) An approved provider that wishes to undertake one or more of the administrative functions of the certified culvert maintainer program specified in (c), below, shall submit a written request to the department that contains the following information:
(c) An approved provider may request delegation of any or all of the following:
(d) The department shall delegate the requested authority to the approved provider if it determines that the approved provider has sufficient resources to undertake the specified administrative functions. Such delegation shall be valid for so long as the organization is an approved provider, provided that the organization may discontinue undertaking the delegated authority by providing written notice to the department at least 30 days prior to the discontinuance.
Source. #12809, eff 12-15-19
Appendix A: State Statutes Implemented
Rule Section(s)
State Statute(S) Implemented
Env-Wt 900 (see Part below for specific paragraphs)
RSA 482-A:1 & 3; RSA 482-A:11
Env-Wt 904.04(b), (c), & (d)(3); 904.08(b) intro; 905.07(b)
RSA 482-A:1 - 4, 6, 8 - 34; RSA 483:8-a, III
Clean Water Act, 33 U.S.C. Chapter 26, Subchapter IV, § 1344 (Permits for Dredged or Fill Material); 33 CFR Parts 322 & 323; USACE Gen. Permit No. NAE-2016-02415
Env-Wt 904.05
RSA 482-A:1 - 4, 6, 8 - 27; RSA 212-A; RSA 217-A
Env-Wt 905
RSA 482-A:3, XVII through XIX
Appendix B: Incorporated References
Rule
Title (Date)
Obtain From:
Env-Wt 903.05(c)(2),
Env-Wt 903.05(e),
Env-Wt 904.07(b)
NH Stream Crossing Guidelines (May 2009)
University of New Hampshire
Download at no charge from:
https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/lrm-unh-stream-crossing.pdf
Env-Wt 903.04(j)(1)
Applied River Morphology, Dave Rosgen (1996)
Wildland Hydrology 11210 N. County Road 19
Fort Collins, CO 80524
Phone: (970) 568-0002
Email:wildland@wildlandhydrology.com
Available new for $71.76 + $10.00 shipping from
https://wildlandhydrology.com/books/?id=32&course=Applied+River+Morphology
Available used or new from Amazon.com and other sellers from ~$63 (used) to ~$155 (new).
Appendix C: Statutory Definitions
RSA 487:16
I-a. “Exotic aquatic species of wildlife” means wildlife, as defined in RSA 207:1, XXXV, that:
(b) Are not naturally occurring in New Hampshire or have not become established in New Hampshire as a result of an intentional introduction program by a state agency.
II. The term “exotic aquatic weeds” includes only those species of vascular aquatic plants which were not part of New Hampshire's native aquatic flora before 1950. Cabomba caroliniana and Myriophyllum heterophyllum are examples of exotic aquatic weeds.
Appendix D: Other Statutory Provisions
482-A:3, XVII
XVII. State and municipal public works employees who have fulfilled the requirements of a certification program developed by the department may maintain, repair, replace, or modify culverts up to a maximum diameter of 48 inches, or the hydraulic equivalent, as long as the structure can pass flows from the contributing watershed without causing damage to upstream or downstream properties, and in accordance with best management practices to protect water quality, without prior notification to the department. Federal employees who otherwise meet the requirements of the program developed by the department may maintain, repair, replace, or modify culverts as specified in this paragraph on any land within the state that is owned or managed by the federal government.
XVIII. The department shall develop an installer's certification program, in accordance with paragraph XVII, and shall determine the educational requirements for certification, including continuing education requirements. Professional engineers who are duly licensed by the New Hampshire board of professional engineers are exempt from the program requirements of this section. All certified individuals who perform such work shall submit a quarterly report to the department fully identifying work that they performed during each quarter and documentation of continuing education requirements.
XIX. The department shall issue an installer's permit to any individual who submits an application provided by the department, and has satisfactorily completed the program in accordance with paragraphs XVII and XVIII. Permits shall be issued from January 1 and shall expire December 31 of every other year. Permits shall be renewable upon proper application, and documentation of compliance with the continuing education requirement of paragraph XVIII. The installer's permit may be suspended, revoked, or not renewed for just cause, including, but not limited to, the installation of culverts in violation of this chapter or the refusal by a permit holder to correct defective work. The department shall not suspend, revoke, or refuse to renew a permit except for just cause until the permit holder has had an opportunity to be heard by the department. An appeal from such decision to revoke, suspend, or not renew a permit may be taken pursuant to RSA 21-O:14.
Appendix E: Summary of Abbreviations and Acronyms
Term
Meaning
Agriculture BMWPs
“Best Management Wetlands Practices for Agriculture” dated 2019, published by the NH Department of Agriculture, Markets, and Food
A/M BMPs
“Wetlands Best Management Practice Techniques For Avoidance and Minimization” dated 2019, published by the New England Interstate Water Pollution Control Commission
CPESC specialist
Certified Professional Erosion and Sediment Control specialist - an individual certified by EnviroCert International, Inc.® as competent to develop and implement erosion and sediment control practices
CY
Cubic Yard
Federal classification method
Method established in “Classification of Wetlands and Deepwater Habitats of the United States”, adapted from Cowardin, Carter, Golet and LaRoe (1979), August 2013, FGDC- STD-004-2013
Federal delineation method
Method established in “Wetlands Delineation Manual”, Technical Report Y-87-1, Corps of Engineers, January 1987, and “Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Northcentral and Northeast Region”, Version 2.0, U.S. Army Corps of Engineers, January 2012
Forestry BMPs
“New Hampshire Best Management Practices for Erosion Control on Timber Harvesting Operations” dated 2016, published by the University of New Hampshire Cooperative Extension
HOTL
Highest Observable Tide Line
Invasive Plant BMPs
“Best Management Practices For the Control of Invasive and Noxious Plant Species” dated 2018, published by the NHDOT
Marina BMPs
“Best Management Practices For New Hampshire Marinas” dated 2001, published by the NHDES Pollution Prevention Program
LAC
Local [River] Advisory Committee
LiDAR
Light Detection and Ranging - A surveying method that measures distance to a target by illuminating the target with pulsed laser light and measuring the reflected pulses with a sensor, with the differences in laser return times and wavelengths then being used to make digital 3-D representations of the target.
LF
Linear Foot
NH Method
“Method for Inventorying and Evaluating Freshwater Wetlands in New Hampshire” dated 2013 and revised 2015 and 2016, available at https://nhmethod.org/
NHB
Natural Heritage Bureau of the NH DNCR
NH DNCR
NH Department of Natural and Cultural Resources
NHF&G
NH Fish and Game Department
NHDOT
NH Department of Transportation
NRCS
Natural Resources Conservation Service of the U.S. Department of Agriculture
PBN
Permit-by-Notification (created in the rules)
PRA
Priority Resource Area - a jurisdictional area that:
(f) Is any combination of (a) through (e), above.
Professional engineer
RSA 310-A:2, II. “Professional engineer” means a person who by reason of advanced knowledge of mathematics and the physical sciences, acquired by professional education and practical experience, is technically and legally qualified to practice engineering, and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of engineering.
Routine Roadway BMPs
“Best Management Practices for Routine Roadway Maintenance Activities in New Hampshire” dated 2019, published by the NHDOT
SF
Square Foot
SPN
Statutory Permit-by-Notification (established in RSA 482-A)
Subject property
(b) For all other projects for which any kind of permit is required, the parcel(s) of land on which the project will occur or has occurred.
Trail BMPs
“New Hampshire Best Management Practices for Erosion Control During Trail Maintenance and Construction” dated 2017, published by the NH DNCR
US ACE
U.S. Army Corps of Engineers
USGS
United States Geological Survey
Utility BMPs
“Best Management Practices Manual, Utility Maintenance in and Adjacent to Wetlands and Waterbodies in New Hampshire” dated 2019, published by the NH DNCR
WAP
Wildlife Action Plan prepared and published by NHF&G
Water Quality BMPs
Recommended practices for minimizing or preventing the direct or indirect discharge of sediment or other pollutants into surface waters and wetlands, including those listed in Env-Wt 307 and the Agriculture BMPs, Forestry BMPs, Marina BMPs, Invasive Plant BMPs, Roadway Maintenance BMPs, Trail BMPs, and Utility BMPs, as applicable
WPPT
Wetlands Permit Planning Tool - a GIS tool that provides access to data for planning projects near or in jurisdictional areas, available at https://nhdeswppt.unh.edu/Html5Viewer/index.html?viewer=WPPT.gvh