New Hampshire Code of Administrative Rules
Fis - Executive Director, Fish and Game Department
Chapter Fis 1000 - CONSERVATION OF ENDANGERED AND THREATENED SPECIES
Part Fis 1004 - CONSULTATION
Section Fis 1004.03 - Information Required for Consultation.

Universal Citation: NH Admin Rules Fis 1004.03

Current through Register No. 40, October 3, 2024

(a) In all cases where consultation is required, all information shall be provided to the department in electronic format at NHFGreview@wildlife.nh.gov, or in paper format at:

NH Fish and Game Department

Attn. Wildlife Division, Nongame Program

11 Hazen Drive

Concord, N.H. 03301

(b) In all communications, the NHB Data Check tool results letter number shall be included in the email subject line and documents.

(c) The following information shall be provided to the department:

(1) A copy of the department of natural and cultural resources NHB Data Check tool results letter, dated within one year of the date of the consultation request, and which includes the Data Check tool results letter number;

(2) The applicant's full name;

(3) The applicant's mailing address;

(4) The applicant's telephone number and email address to be used for the purpose of contact;

(5) If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name, mailing address, and email address of the person who will respond to requests for information on behalf of the applicant;

(6) The name, mailing address, and email address of any person acting as an agent of the applicant, or any consultant who will submit information to the department on behalf of the applicant;

(7) Description of the proposed action;

(8) Description of the project parcel by reference to street address and town, and, if available, a geographical information system defined project boundary;

(9) A listing of any state or federal permits which have been applied for, have been granted, or which will be necessary for the proposed action to proceed;

(10) The current condition of the action area prior to any proposed modifications, including a description of known or discernible actions within the preceding 24 months that have altered the site, including but not limited to, timber harvests, significant impact from storms, removal of gravel or stone, or addition or removal of structures;

(11) Any habitat features supporting or that could support threatened and endangered species that have been identified; and

(12) A description of any conservation measures proposed by the applicant to avoid, minimize, or mitigate potential harm to threatened and endangered species and habitat determined to be critical, including but not limited to:
a. Design modifications to proposed actions to protect species from harm.

b. Modifications to proposed actions such as alteration of the timing of proposed actions to protect species from harm;

c. Design crossing structures to maintain and enhance habitat quality and accommodate movement of species;

d. Education and training for construction personnel as to what construction activities have the potential to cause adverse impacts to species;

e. Signage to identify specific locations where construction activities must avoid potential adverse impacts to species;

f. Continued research and monitoring of identified species;

g. Protection or restoration of wildlife corridors;

h. Maintenance, enhancement, or protection of habitat buffer areas; and

i. Habitat protection, management, or restoration.

(d) An applicant seeking consultation to meet permit requirements under Env-Wt 311, Env-Wq 1406.06, or Env-Wq 1503.05, shall provide the following additional information to the department to initiate consultation:

(1) A topographic map identifying the action area at a scale of 1:24,000 or closer, and which shows property lines and the limits of proposed disturbance;

(2) An aerial photograph identifying the current condition of the action area at a scale of 1:24,000 or closer and which shows property lines and the limits of proposed disturbance;

(3) Site photographs with dates and a photograph location plan, showing existing conditions, habitat features, and possible locations of identified threatened and endangered species, if known;

(4) Project site plan sheets showing the area of proposed disturbance and location of any proposed new or modified structures;

(5) Any reports created to assess the site, including but not limited to wetland assessments, vernal pool surveys, or other site visit observations; and

(6) Any other available information, from whatever source, that describe the potential impacts of the proposed action on listed species or habitat.

(e) Consultation sought for an "after the fact" permit shall provide the following additional information to the department to initiate consultation:

(1) If pursuant to Env-Wt 311.12:
a. A restoration plan for all impacted jurisdictional areas to be restored, prepared by a licensed professional, with a wetland delineation stamped by a certified wetland scientist;

b. A monitoring plan designed to ensure that the restoration is successful; and

c. An explanation as to why work was performed prior to having a permit; or

(2) If pursuant to Env-Wq 1503.31:
a. A current conditions plan that clearly identifies all disturbances and construction performed without a permit;

b. A description of all prior disturbances on the property; and

c. An explanation of why work was performed prior to having a permit.

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