1. NH Department of Environmental Services Wetlands Program Rulemaking and Process Improvement NHDES Rules update ACEC/NHDOT- 2016 Technical Exchange Conference

2. Wetlands Program Rulemaking & Process Improvement Effort Revised Schedule August – September 2016 Phase 4 Consider public comments & Prepare Initial Proposal & Commence Formal Rulemaking Jan 2016 – March 2016 Phase 2B Incorporate Workgroup suggestions & Review Draft BMPs April 2016 – July 2016 Phase 3 Revise concepts; circulate draft rules & Finalize BMPs Hold hearings on Draft Rules We Are Here!

3. Wetlands Program Rulemaking & Process Improvement Effort Enhance predictability and transparency Increase consistency and standardization Ensure scientifically-based decisions that are protective of New Hampshire's important natural resources GOALS

4. Wetlands Permitting Processes Proposed Activity Submit a Permit Application Submit a Notification Allowed by Law or Rule (with conditions) Prohibited/ Not Allowed Low Potential Impact to Aquatic Resources Higher Potential Impact to Aquatic Resources

5. NHDES Aquatic Resource Mitigation Program Mitigation Rule Revisions Env-Wt 101 amd – related definitions Env-Wt 501 amd – related process effective 2/1/2016 Env-Wt 800 – effective 2/1/2016 Diverse stakeholder group developed revised mitigation rules that resulted in NO change in the thresholds

6. NHDES Aquatic Resource Mitigation Program Stream impact project criteria  Env-Wt 803.03 Additional information for stream impact proposals – stream order, type, geography, bed material, etc.  Env-Wt 806 Stream Restoration or Enhancement – goals/details needed in a report & plans and outlines project types  Env-Wt 806.03 Requirements for stream mitigation projects stream mitigation projects  Env-Wt 808.19 Added general criteria for providing score for an ARM Fund for providing score for an ARM Fund grant application grant application

7. NHDES Aquatic Resource Mitigation Program Enhancement ratios added Resource TypeCreationRestoration Enhancement Aquatic Resource Buffer Preservation HydrologicVegetative Bog or FenN/A2:1 5:110:1 15:1 Tidal Wetlands3:12:1 5:110:1 15:1 Forested1.5:1 5:110:1 Undeveloped Tidal Buffer Zone N/A2:1 5:110:1 3:1 All Other Jurisdictional Areas 1.5:11:1 5:110:1 Table 800-1: Minimum Compensatory Mitigation Ratios Need to meet Corps ratios if required

8. NHDES Aquatic Resource Mitigation Program Guidance on wetland creation including criteria to be met for vernal pool creation Emphasis on local Conservation Commission’s development of a “Priority Mitigation List”

9. NHDES Aquatic Resource Mitigation Program Data Analysis and GIS Tools NHDES One Stop http://des.nh.gov/onestop NH Fish & Game Wildlife Action Plan http://www.wildlife.state.nh.us NH GRANIT http://www.granit.unh.edu/ NH Wetlands Mapper http://nhmethod.org/

10. Sample Priority List Parcels adjacent to existing conservation lands (also in Tier 1 WAP map locations) Parcels adjacent to existing conservation lands (also in Tier 1 WAP map locations) Town forests or parcels acquired not currently protected – consider habitat value for restoration Town forests or parcels acquired not currently protected – consider habitat value for restoration Land in vicinity to drinking water supplies Land in vicinity to drinking water supplies Floodplains and riparian areas, vernal pool habitat Floodplains and riparian areas, vernal pool habitat Farmlands with focus for enhancing wetland and stream buffers Farmlands with focus for enhancing wetland and stream buffers Wetland restoration – remove fill, restore hydrology, remove ditching Wetland restoration – remove fill, restore hydrology, remove ditching Restoration of streams where they have been culverted, buried, channels straightened Restoration of streams where they have been culverted, buried, channels straightened Enhancement of buffers where they may be lacking Enhancement of buffers where they may be lacking Water quality improvements - look at impaired waters for best locations for improvements Water quality improvements - look at impaired waters for best locations for improvements Culvert replacements and dam removals Culvert replacements and dam removals Connecting sections of streams to improve passage for aquatic organisms, fish passage Connecting sections of streams to improve passage for aquatic organisms, fish passage Stream bank restoration/vegetated enhancement Stream bank restoration/vegetated enhancement Eradication of invasive species – with long-term monitoring program established Eradication of invasive species – with long-term monitoring program established

11. NHDES Aquatic Resource Mitigation Program Wetlands Pre-application Process  New DES web page for directions and meeting materials  Initial contact with Carolyn Guerdet or Tim Drew noting project name and list of attendees  Doodle poll circulated to select meeting date  Date and time confirmed by DES – third Wed. and Thursday of every month  Pre-application materials circulated by applicant at least one week prior to meeting  Attendees review agenda form and prepare for meeting  One hour meeting held with state and federal representatives  Applicant/consultant prepare and circulate meeting report to all in attendance  The meeting report is submitted with application materials

13. NHDES Aquatic Resource Mitigation Program PRE-APPLICATION MATERIALS CHECKLIST  Site location information and WAP map  Aerial imagery of the project site identified  Property map, site inventory and photos  Wetlands delineation and classification  Natural Heritage Bureau report  Proposed project description and any additional pertinent information  Conceptual plan for the proposed development  Description of proposed mitigation approach  Details on use of BMP’s, stormwater management, to address avoidance/minimization requirements

14. NHDES Aquatic Resource Mitigation Program Other New Materials  Guidance on Scheduling a Pre-Application Meeting  Pre-Application Agenda Form  Pre-Application Meeting Report  SOP – Pre-application Procedure  SOP – Procedure for ARM Fund Project Selection  SOP – Procedures for ARM Fund Disbursal

15. NHDES Aquatic Resource Mitigation Program 2016 ARM Fund Grant Round Deadlines 9 watersheds with available funding 2 Page Pre-proposal Due: 4/29/16 Final Application Due: 8/31/2016

16. Inland Wetlands Workgroup Held 12 meetings with diverse Workgroup Held 12 meetings with diverse Workgroup New Delineation Procedures on Wetlands & streams New Delineation Procedures on Wetlands & streams New Definitions on Demonstrated Need, Avoidance & Minimization New Definitions on Demonstrated Need, Avoidance & Minimization Data Screening Steps defined Data Screening Steps defined Streamlined Notice process defined Streamlined Notice process defined Revised stream bank stabilization; Revised stream bank stabilization; Clarify Water Quality triggers, evaluation methods & BMPs Clarify Water Quality triggers, evaluation methods & BMPs Clarify Fish & Wildlife triggers, process & BMPs Clarify Fish & Wildlife triggers, process & BMPs Updated 5 BMP Manuals (& created new A/M BMP) Updated 5 BMP Manuals (& created new A/M BMP) Standardized all Permit Conditions Standardized all Permit Conditions

17. Rules Purpose Revised  Rules purpose linked to wetland & stream function set in statute Wetland Functions provided:  Nutrient & food sources for fishery & wildlife  Critical habitats & reproduction areas for plants, fish & wildlife of importance.

18. Wetland Functions  Commerce, recreations, aesthetics  Provide & maintain surface water & groundwater recharge  Protect & maintain water quality by retaining, removing nutrients, filtering and removing pollutants, removing sediments

19. Wetland Functions  Protect life & property from flooding & flood flows because of important flood abatement functions – storage & flood-flow velocity reduction

20. Wetland Functions  Wetlands resources are part of an ecological system that perform functions that benefit health, welfare and general well-being of people & the environment

21. Avoidance Defined  “Avoidance” – practice of staying away from resource impacts where there is a practicable alternative with less adverse impact.

22. Avoidance Considerations   Whether alternative designs,   layouts or   technologies   could be used to avoid wetlands or streams or impacts or functions

23. “Minimization” Defined  The reduction of impacts remaining after all practicable measures have been taken to avoid impacts to jurisdictional areas.

24. NHDES Action Establish avoidance & minimization standards to protect important functions Establish avoidance & minimization standards to protect important functions Establish BMPs to minimize impacts to aquatic resource functions Establish BMPs to minimize impacts to aquatic resource functions

25. Public comment  Include more on-site requirements to protect water quality, wetland and stream resources, and wildlife habitat. DES Response: Enhance rules criteria to include specific on-site minimization measures, BMPs, and water quality guidance. DES Response: Enhance rules criteria to include specific on-site minimization measures, BMPs, and water quality guidance.

26. “ Minimization Measures” Defined  Design techniques that address unavoidable impacts based on scale, location, resource function, and feasibility.

27. Minimization Measures Define development envelope & mark it on plans & in the field Define development envelope & mark it on plans & in the field Avoid impacts to wetlands & avoid removing trees or other vegetation in or adjacent to wetlands and streams Avoid impacts to wetlands & avoid removing trees or other vegetation in or adjacent to wetlands and streams Locate unavoidable crossings at narrowest section of wetland Locate unavoidable crossings at narrowest section of wetland Establish vegetative setbacks & corridors Establish vegetative setbacks & corridors

28. Minimization Measures Avoid changes to natural drainage patterns, incorporate natural topography Avoid changes to natural drainage patterns, incorporate natural topography Preserve & restore water course connectivity, wetland complexes Preserve & restore water course connectivity, wetland complexes Reduce & cluster impervious areas Reduce & cluster impervious areas Incorporate LID & infiltration; use vegetative swales, filter strips & riparian zones Incorporate LID & infiltration; use vegetative swales, filter strips & riparian zones Disconnect existing impervious areas Disconnect existing impervious areas

29. Wetlands BMP Manual Techniques for Avoidance and Minimization

31. Original Plan for a Single-Family Home:

33. Lot Layout : Original Plan

34. Lot Layout : Revised Plan

35. Lot Design Configure the lot to avoid wetland encroachment Driveways and Roads Limit the number of wetland crossings, cross at most narrow section of wetland Screens and Plantings Increase plantings along road sides Engineering Considerations Decrease impervious area, work with the grade of the land Subdivisions

36. Delineation changes  Adopt Regional supplement to Corps of Engineers Version 2.0 Jan 2012 RSA 310-A Exemption narrowed: Homeowner may prepare a plan to provide vehicular & utility access within 50’ from the edge of the travelled way, provided [they] comply with rules adopted by DES and the standards adopted by the board.

37. Delineation Procedures Plans to show location of wetland flags or markings Plans to show location of wetland flags or markings Be stamped by CWS Be stamped by CWS Date of flags noted Date of flags noted

38. Age of Plan Wetland plans remain valid for a period of 5 years, unless new information warrants revision Wetland plans remain valid for a period of 5 years, unless new information warrants revision After 5 years, a new delineation must be done or re-verified & new plans stamped by LLS & CWS After 5 years, a new delineation must be done or re-verified & new plans stamped by LLS & CWS

39. Stream Delineation Based on defined scour channel with evidence of sediment transport Based on defined scour channel with evidence of sediment transport Jurisdiction not severed by bridges, culverts, dams.. Jurisdiction not severed by bridges, culverts, dams.. “Top of bank” being discussed “Top of bank” being discussed

40. Public Comment received Broaden Notices For stream repair For stream repair Maintenance Maintenance & Agriculture & Agriculture NHDES Action: Broaden notices With defined limits  All Listening sessions throughout the state-  Requested Broadening of Notices

41. Notice Process Changes Existing 14 PBNs; Forestry, Utility, Gold Dredge, Docks, Trails 10 days from T/C 10 days from T/C 25 days from CC 25 days from CC Electronic notice Electronic notice Proposed + New Lot access 3’ wide stream or < 400 SF or <3,000 SF w/ CWS Stream Repair & Agriculture 7 business days from DES receipt Electronic & written notice

42. New Expedited Process Current Current All minimum impact projects Application form Plans CC waiver 30 days Proposed Proposed < 3,000 SF Tier 1 Stream pass 50 yr storm; < 50 LF or in-kind repair CC waiver 10 days from DES receipt 25 days w/o CC waiver

43. Classification Changes New Resource- Kick ups: - Within 100 year floodplain -Nontidal marsh or scrub-shrub marsh -Exemplary natural communities clarified

44. Water Quality-Wetlands Proposed water quality impact triggers– > Proposed water quality impact triggers– > 1 acre disturbance, # of lots, commercial Reviewing existing Guidance & BMPs Reviewing existing Guidance & BMPs Reviewing General Condition 22 of PGP and state water quality standards; standards, designated uses & BMPs Reviewing General Condition 22 of PGP and state water quality standards; standards, designated uses & BMPs Reviewing Draft NHANRS Wetland Science report on Literature on Buffer functions Reviewing Draft NHANRS Wetland Science report on Literature on Buffer functions

45. Water Quality Guides under consideration: AOT rules AOT rules Construction General Permit Construction General Permit NHDES Storm water Manual NHDES Storm water Manual Homeowner’s Guide to Storm water Homeowner’s Guide to Storm water Simple Method – Pollutant Loading analysis Simple Method – Pollutant Loading analysis

47. 47 Simple Method (SM) Concentration in Runoff (C) Annual Precipitation Area of Managed Turf and Fertilizer Application Rate (NHDES addition) Area of each Land Use % Effective Impervious Cover (EIC) BMP Removal Efficiency (% RE) SM OUPUT = Annual Pollutant Load (i.e., lbs/yr) INPUT

48. Stream Crossing Changes

49. Proposed Changes New Definitions: Design Storm Design Storm Embedded Embedded Flood-prone elevation Flood-prone elevation Geomorphic compatibility Geomorphic compatibility Openness ratio Openness ratio Self-mitigating Self-mitigating

50. Broaden Notice process for maintenance projects Proposed Repair In-kind where ratio of crossing width to upstream channel width is > or = to 100% Proposed Repair In-kind where ratio of crossing width to upstream channel width is > or = to 100% Proposed Repair where no “High Bank Erosion” – a condition where erosion processes have scoured the toe of the stream bank to an extent that the upper portion of the stream bank has collapsed within 150 linear feet downstream of the crossing Proposed Repair where no “High Bank Erosion” – a condition where erosion processes have scoured the toe of the stream bank to an extent that the upper portion of the stream bank has collapsed within 150 linear feet downstream of the crossing & Certification provided & Certification provided

51. Stream Maintenance Notice -PE or Qualified Professional Certification Stream Crossing Design Certifications required: Designed meets Standard criteria Sized to pass not less than 50 year design storm (Design Storm means a rainfall event of a specific duration & return frequency when determining runoff rate & volume) Hydraulic capacity of crossing will not be diminished Capacity to accommodate Aquatic Organism Passage will not be diminished (based on fisheries/ wildlife passage considerations) As designed will not cause increase in frequency in flooding or overtopping of banks or cause harm to downstream infrastructure/properties

52. Bank Stabilization   To codify existing accepted practices for Bio- engineering   To use Vermont recent definitions for natural design

53. Stream Bank Stabilization New Definitions: “Natural process design” “Natural process design” “Semi-natural form design” “Semi-natural form design” “Unnatural rigid channel design” “Unnatural rigid channel design” “Bioengineering” “Bioengineering” “Fluvial geomorphology” “Fluvial geomorphology” “Revetments” “Revetments” “Bank full flow” “Bank full flow”

54. Bank Stabilization Criteria Amend 404 Vegetative Stabilization to include soft bank and bioengineered techniques such as natural plants, dormant stakes, fiber rolls and native wood logs. Amend 404 Vegetative Stabilization to include soft bank and bioengineered techniques such as natural plants, dormant stakes, fiber rolls and native wood logs. Semi-Natural Form Design for rivers and streams only considered where turbulence, flows, restricted space render vegetation soft components or Bioengineering physically impractical.” Semi-Natural”= replicating reference reach where a stable channel exists Semi-Natural Form Design for rivers and streams only considered where turbulence, flows, restricted space render vegetation soft components or Bioengineering physically impractical.” Semi-Natural”= replicating reference reach where a stable channel exists

55. DES Process Concept – Create New Expedited process  Allow streamlining using minimum impact fee & short turn-around time impact fee & short turn-around time  For public- funded restoration projects where purpose is for environmental improvement/ benefit

56. BMP Update (1) DRED Forestry BMP New manual published 2016 (2) Utility BMP Workgroup finalizing manual (3) Routine Roadway BMP DOT-DES working for 18 months/80% done (4) Agriculture BMP NRCS Draft being vetted by Dept of Agriculture NRCS Draft being vetted by Dept of Agriculture (5) Wetlands BMP (RI Manual) Adapting for NH; NEWIPCC to publish (6) DRED Trails BMP

57. Tidal Resource Workgroup 3 Topics  Overwater Structures- Tidal Structure workgroup has met twice in Spring 2015 & February 2016  Dredging- met with Dredge Management Task Force Sept 2015; assistance from ACE, NOAA, NHCP  Coastal Shoreline Protection & Development Zone Research contributed by NOAA, National Sea Grant Law Foundation; coordination & assistance from NH Coastal Adaptation Work Group, Rockingham Planning Commission, Coastal Risks & Hazards Commission

58. Overwater Structures 3 Sections: Establish Design standards, limitations, functional assessment & resource requirements  Residential docks: private recreation  Commercial docks & Infrastructure – Transient public access; working waterfront; marinas  Industrial Docks & Infrastructure – cargo shipping & transfer; power plants & tank farms; security & research facilities

59. Tidal Dredging  Navigational & Structure Maintenance  Concept: Formalize current state & federal review process & disposal requirements; examine de- authorization of outdated Federal Navigation projects (federal channels).  Distinguish repeated navigable dredge on a predicted dredge cycle as class I & incidental dredge as Class II: must be public benefit  Recognize areas of High Natural Value that are neither class I or Class II as non-dredge areas.

60. Coastal Buffer Zone  Includes Beach Management, Shoreline Stabilization, Tidal Buffer Zone (w/ Shoreland), Sand Dunes  Combines Tidal Buffer Zone & Shoreland regulatory zones & standards into one zone under RSA 482-A & eliminates duplicate permit processes  Emphasizes Living Shorelines, Bioengineering & natural design techniques  Acknowledges sea level rise, storm surge; supports municipal resiliency planning objectives

61. Nontidal Shoreline Structures Current Rules : Single family homes - perched beach with max 900 sq. ft. size, 20% of the shoreline frontage, & max 25% slope. Single family homes - perched beach with max 900 sq. ft. size, 20% of the shoreline frontage, & max 25% slope. Decks in or over the bank are not allowed. Decks in or over the bank are not allowed. Permitting not fully integrate Shoreland standards. Permitting not fully integrate Shoreland standards. Proposed Changes: Decks allowed as alternative to beaches Decks allowed as alternative to beaches Combined deck & or beach allowed depending on frontage & consistency with Shoreland rules Combined deck & or beach allowed depending on frontage & consistency with Shoreland rules Shoreland rules need to change to address this issue Shoreland rules need to change to address this issue

62. Freshwater Docks   Dock construction envelope   Private v. commercial docks

63. Inland Shoreline Structures Create new standards for commercial & public docking structures. Create new standards for commercial & public docking structures. Size of commercial & public structures based on #r of slips provided. Size of commercial & public structures based on #r of slips provided. Change Size of single family home Docks based upon a ratio of sq. ft. area per linear ft. of frontage available Change Size of single family home Docks based upon a ratio of sq. ft. area per linear ft. of frontage available Maximum length from shore established & property line setbacks maintained. Maximum length from shore established & property line setbacks maintained.

64. Changes for Docks Repairs  Owners of frontages where DES has a registered plan w/certain criteria & showing all legal structures shall be eligible to use much Simplified notification form & process when conducting maintenance and repairs. Submittal requirements: Notification form, Submittal requirements: Notification form, Identification of the registered plan, Identification of the registered plan, Photo of continued compliance, Photo of continued compliance, & filing fee & filing fee

65. Review of Staff developed Standard Permit Conditions Plan approval (1) Plan approval (1) Contingencies (11) Contingencies (11) Preconstruction (27) Preconstruction (27) BMP Time of Year (11) BMP Time of Year (11) BMP Erosion Control (8) BMP Erosion Control (8) BMP Construction (18) BMP Construction (18) BMP Dewatering/cofferdams (6) BMP Dewatering/cofferdams (6)

66. Permit Conditions continued BMP Restoration/Stabilization (14) BMP Restoration/Stabilization (14) Monitoring (6) Monitoring (6) Mitigation (21) Mitigation (21) Shoreland (8) Shoreland (8) Shoreline (49) Shoreline (49) Streams (16) Streams (16) Tidal (49) Tidal (49)

67. Next Steps Incorporate 3 workgroup & partner comments; Incorporate 3 workgroup & partner comments; Circulate Draft Rules to Workgroups Circulate Draft Rules to Workgroups Hold public hearings on Draft Rules Hold public hearings on Draft Rules Develop Initial Proposal & start formal rulemaking process Develop Initial Proposal & start formal rulemaking process

68. Final Thoughts? Points of Contact: Mitigation: Lori Sommer 271-4059 Coastal: Dori Wiggin 559-1507 Inland Docks: Darlene Forst 271-4067 Inland Wetland & Streams M Tilton Contacts: Collis Adams, AdministratorMary Ann Tilton, Asst Administrator (603) 271-4054(603) 271-2929 Collis.Adams@des.nh.govMaryAnn.Tilton@des.nh.gov