wetlands bureau decision report - des.nh.gov bureau decision report ... a cofferdam shall be...
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Wetlands Bureau Decision Report
06/08/2009 to 06/14/2009
This document is published for information purposes only and does not constitute an authorization to conduct work.
Work in jurisdiction may not commence until the applicant has received a posting permit.
Decisions Taken
Decisions are subject to appeal, and are reviewed by the federal agencies for compliance with Section 404 of the Federal
Clean Water Act.
APPEAL:
DISCLAIMER:
I. Any affected party may ask for reconsideration of a permit decision in accordance with RSA 482-A:10,II within 30 days of
the Department's issuance of a decision. Requests for reconsideration should:
1) describe in detail each ground for complaint. Only grounds set forth in the request for reconsideration can be
considered at subsequent levels of appeal;
2) provide new evidence or information to support the requested action;
3) Parties other than the applicant, the town, or contiguous abutters must explain why they believe they are affected; and
4) Be mailed to the DES Wetlands Bureau, PO Box 95, Concord, NH 03302-0095.
II. An appeal of a decision of the department after reconsideration may be filed with the Wetlands Council in accordance with
RSA 482-A:10, IV within 30 days of the department's decision. Filing of the appeal must:
2) contain a detailed description of the land involved in the department's decision; and
3) set forth every ground upon which it is claimed that the department's decision is unlawful or unreasonable.
1) be made by certified mail to Lawrence E. Morse, Chairperson, Wetlands Council, PO Box 95, Concord, NH 03302-0095
(a copy should also be sent to the DES Wetlands Bureau);
06/18/2009 2Decision Report06/08/2009 to 06/14/2009For Actions Taken
MINOR IMPACT PROJECT
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2007-01173
LEBANON Unnamed Wetland
LEBANON, CITY OF
Requested Action:
Proposal to add 650 sq. ft. of temporary wetlands impacts for installation of a security fence and amend plans to reflect final
wetlands impacts (reduced) of 8,340 square feet.
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APPROVE AMENDMENT:
Fill approximately 8,340 sq. ft. of wetlands to construct a municipal maintenance building with attached cold storage and
administrative building, access drives, parking areas and temporarily impact 650 sq. ft. of wetlands for installation of a security fence
on 24.5 acre property between Route 4 and the Mascoma River.
With Conditions:
1. All work shall be in accordance with plans by Pathways Consulting, LLC dated May 24, 2007, as received by DES on September
24, 2007 and revised plan sheet 5 of 10 revision dated May 18, 2009, as received by DES on May 29, 2009.
2. This permit is contingent on approval by the DES Alteration of Terrain Program.
3. All temporary wetlands impacts shall be restored "in-kind" with native wetlands plant species.
4. Appropriate siltation/erosion/turbidity controls shall be in place prior to construction, shall be maintained during construction,
and remain in place until the area is stabilized. Silt fence(s) must be removed once the area is stabilized.
5. Within three days of final grading in an area that is in or adjacent to wetlands or surface waters, all exposed soil areas shall be
stabilized by seeding and mulching during the growing season, or if not within the growing season, by mulching with tack or netting
and pinning on slopes steeper than 3:1.
6. Where construction activities have been temporarily suspended within the growing season, all exposed soil areas shall be
stabilized within 14 days by seeding and mulching.
7. Where construction activities have been temporarily suspended outside the growing season, all exposed areas shall be stabilized
within 14 days by mulching and tack. Slopes steeper than 3:1 shall be stabilized by matting and pinning.
8. Silt fencing must be removed once the area is stabilized.
9. Any future work on this property that is within the jurisdiction of the DES Wetlands Bureau as specified in RSA 482-A will
require a new application and approval by the Bureau.
With Findings:
1. This is a minor impact project per Administrative Rule Env-Wt 303.03((h) Projects involving less than 20,000 square feet of
alteration in the aggregate in nontidal wetlands,nontidal surface waters, or banks adjacent to nontidal surface waters which exceed
the criteria of Env-Wt 303.04(f).
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01.
3. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas
and environments under the department's jurisdiction per Env-Wt 302.03.
4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(a) Requirements for Application
Evaluation, has been considered in the design of the project.
2008-00442
ACWORTH Crescent Lake
GONZALES, KATHLEEN
Requested Action:
Dredge and fill ± 1,150 sq. ft. of intermittent stream and palustrine emergent wet meadow to culvert, redirect and restore an existing
stream channel adjacent to Crescent Lake for septic system construction, to alleviate flooding and protect an existing residence.
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06/18/2009 3Decision Report06/08/2009 to 06/14/2009For Actions Taken
APPROVE PERMIT:
Dredge and fill ± 1,150 sq. ft. of intermittent stream and palustrine emergent wet meadow to culvert, redirect and restore an existing
stream channel adjacent to Crescent Lake for septic system construction, to alleviate flooding and protect an existing residence.
With Conditions:
1. All work shall be in accordance with plans by CLD Consulting Engineers dated October 2007, and revised through January 13,
2008, as received by the Department on November 14, 2008.
2. This permit is contingent on approval by the DES Subsurface Systems Bureau.
3. This permit is contingent on approval by the DES Shoreland Program.
4. This permit is contingent upon receipt and approval by the DES Wetlands Bureau of
5. This permit is contingent upon the creation/restoration of approximately 100 linear feet of stream in accordance with plans
received November 14, 2008.
6. This permit is contingent upon receipt of evidence that the no-cut buffer has been recorded with the county Registry of Deeds
office by the Permittee.
7. Work shall be done during annual low flow conditions and in the dry.
8. Appropriate siltation/erosion controls shall be in place prior to construction,
shall be maintained during construction, and remain until the area is stabilized. Silt fence(s) must be removed once the area is
stabilized.
9. Appropriate turbidity controls shall be installed prior to construction, shall be maintained during construction such that no
turbidity escapes the immediate dredge area, and shall remain until suspended particles have settled and the water at the work site
has returned to normal clarity.
10. Work shall be conducted in a manner so as to minimize turbidity and sedimentation to wetlands and surface waters.
11. Dredged material shall be placed outside of the jurisdiction of the DES Wetlands Bureau.
12. There shall be no excavation or operation of construction equipment in flowing water.
13. In the event cofferdams are required for construction a stream diversion plan shall be submitted to the department prior to
construction. Those plans shall detail the timing and method of stream flow diversion during construction, and show temporary
siltation/erosion/turbidity control measures to be implemented.
14. Prior to commencing work on a substructure located within surface waters, a cofferdam shall be constructed to isolate the
substructure work area from the surface waters.
15. Discharge from dewatering of work areas shall be to sediment basins that are: a) located in uplands; b) lined with hay bales or
other acceptable sediment trapping liners; c) set back as far as possible from wetlands and surface waters, in all cases with a
minimum of twenty (20) feet of undisturbed vegetated buffer.
16. Work within the stream, inclusive of work associated with installation of a cofferdam, shall be done during periods of low flow.
High flows can be caused by seasonal runoff or precipitation; the permittee shall monitor local forecasts to review weather
conditions.
17. No work within the confined area shall proceed until the cofferdam is fully effective, and water flow is controlled.
18. Temporary cofferdams shall be entirely removed immediately following construction.
19. Culverts shall be laid at original grade.
20. Proper headwalls shall be constructed within seven days of culvert installation.
21. The contractor responsible for completion of the work shall utilize techniques described in the New Hampshire Stormwater
Manual, Volume 3, Erosion and Sediment Controls During Construction (December 2008).
22. Materials used to emulate a natural channel bottom within the must be rounded and smooth stones similar to the natural stream
substrate and shall not include angular rip-rap or gravel.
23. The created stream channel bed must maintain the natural and a consistent streambed elevation and not impede stream flow.
24. Construction equipment shall be inspected daily for leaking fuel, oil and hydraulic fluid. Faulty equipment shall be repaired
prior to construction.
25. The contractor shall have appropriate oil spill kits on site and readily accessible at all times during construction and each
operator shall be trained in its use.
26. All refueling of equipment shall occur outside of surface waters or wetlands during construction.
27. Within three days of final grading or temporary suspension of work in an area that is in or adjacent to wetlands or surface
waters, all exposed soil areas shall be stabilized by seeding and mulching during the growing season, or if not within the growing
season, by mulching with tack or netting and pinning on slopes steeper than 3:1.
28. Areas from which vegetation has been cleared to gain access to the site shall be replanted with like native species.
06/18/2009 4Decision Report06/08/2009 to 06/14/2009For Actions Taken
29. The applicant shall notify the DES Wetlands Bureau in writing within twenty-four (24) hours of an erosion event resulting in
sediment entering a wetland or surface water.
30. A post-construction report documenting the status of the completed project shall be submitted to the DES Wetlands Bureau
within sixty (60) days of the completion of construction.
31. The permittee or a designee shall conduct a follow-up inspection after the first growing season, to assess the system and
schedule remedial actions if necessary. A report outlining these follow-up measures and a schedule for completing the remedial
work shall be submitted by December 1 of that year.
With Findings:
1. This is a minor impact project per Administrative Rule Env-Wt 303.03(l), Projects that alter the course of or disturb less than 200
linear feet of an intermittent or perennial
nontidal stream or river channel or its banks
3. The proposed project will allow for an upgraded septic system that will replace an existing dry well that is within 15 feet of the
stream.
4. The proposed increased culvert length and size is proposed to protect the existing residence and correct town road flooding issues
associated with the undersized culvert.
5. See related Shoreland Program File No. 2009-00125 and DES Subsurface Systems Bureau Work No. 200800597.
6. No comments were submitted from the NHFG Nongame and Endangered Wildlife Program, the Natural Heritage Bureau, the
Cold River Local Advisory Committee or the Conservation Commission.
7. In correspondence dated May 16, 2008, the Department of the Army, New England District, Corps of Engineers (ACOE) stated
the project was ineligible for authorization under the New Hampshire Programmatic General Permit (PGP) because the United States
Fish and Wildlife Service (USFWS) expressed concerns regarding the project, including the absence of a purpose and need for the
project.
8. Additional comments were not provided from the USFWS or ACOE.
9. The original proposal was revised to remove the proposed catch basins and to include stream restoration and a no-cut stream
buffer.
10. A NH Certified Wetland Scientist has confirmed the stream is intermittent with vegetated bottom (R4SB7).
11. The applicant has received written consent from the owners of lots 89 and 90 (Tax Map 201), owners of the properties on which
project activities will take place.
12. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01.
13. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to
areas and environments under the department's jurisdiction per Env-Wt 302.03.
14. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(a) Requirements for Application
Evaluation, has been considered in the design of the project.
Requested Action:
Approve reconsideration request to dredge and fill ± 1,150 sq. ft. of intermittent stream and palustrine emergent wet meadow to
culvert, redirect and restore an existing stream channel adjacent to Crescent Lake for septic system construction, to alleviate flooding
and protect an existing residence.
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APPROVE RECONSIDERATION:
Approve reconsideration request to dredge and fill ± 1,150 sq. ft. of intermittent stream and palustrine emergent wet meadow to
culvert, redirect and restore an existing stream channel adjacent to Crescent Lake for septic system construction, to alleviate flooding
and protect an existing residence.
With Findings:
A. Grounds for Reconsideration
The request for reconsideration asserts the following as the basis for the request:
1. That multiple revisions were requested by DES; letters of permission for work on abutting properties were requested by DES
after the third submission; the agent had considerable trouble obtaining permission for work on abutting properties; and agent staff
managing the projects was laid off shortly after the extension agreement was signed.
B. Standards and Process for Review
1. RSA 482-A:10, II requires the request for reconsideration shall describe in detail each ground for the request for reconsideration.
06/18/2009 5Decision Report06/08/2009 to 06/14/2009For Actions Taken
2. RSA 482-A:10, III provides that on reconsideration, the department will receive and consider any new and additional evidence
presented, and make findings of fact and rulings of law in support of its decision after reconsideration.
3. RSA 482-A:10, V provides that the burden of proof is on the party seeking to set aside the department's decision to show that the
decision is unlawful or unreasonable.
4. If the department is persuaded by a request for reconsideration of a permit denial was erroneous, the result is that the permit
originally requested would be granted.
C. Findings of Fact and Rulings of Law
1. RSA 482-A:3, XIV establishes the process that the department must follow when processing applications and establishes
deadlines by which decisions must be made.
2. The subject Standard Dredge and Fill Application was received on March 24, 2008 and was determined to be administratively
complete on March 26, 2008.
3. By letter dated June 05, 2008, the department requested more information pursuant to RSA 482-A:3, XIV(b) ("RFMI").
4. A Timeframe Review Extension by Mutual Agreement was signed by the department and the agent on October 08, 2008,
extending the 120 day deadline to November 17, 2008.
5. The department received an incomplete response to the RFMI on November 14, 2008.
6. A second Timeframe Review Extension by Mutual Agreement was signed by the department and the agent in December 2008,
extending the 120 day deadline to February 02, 2009.
7. The department did not receive a response to the RFMI within the 120 days of the request per RSA 482-A:3, XIV(b).
8. Based on RSA 482-A:3, XIV(b) the department denied the application on February 23, 2009, because the issues raised in the
RFMI were not addressed.
9. A request for reconsideration was received on February 23, 2009.
10. By letter dated March 24, 2009, the department requested more information, including written permission for work on abutting
properties.
11. Written permission for work on abutting properties was received on May 21, 2009
D. Decision
1. Based on the foregoing, the department has granted the reconsideration to the subject application, file number 2008-0442.
2008-00667
ALTON Unnamed Stream
ALTON, TOWN OF
Requested Action:
Proposal to amend/upgrade a previously approved design that consists of impacting 610 square feet of perennial stream (includes 75
square feet temporary impacts) to install twin 66-inch (wide)x 55-inch (high) x 33-feet (long) squash pipe culverts and inlet and
outlet protection. The requested amendment changes the design to impact 701 square feet of perennial stream (includes 69 square
feet temporary impact) for installation of a 9-feet span x 4-feet high x 43-feet run embedded box culvert with associated inlet and
outlet protection and natural stream bed materials.
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APPROVE AMENDMENT:
Dredge and fill a total of 701 square feet to replace failing twin 64-inch culverts within a perennial stream further described as
follows: Permanently impact 632 square feet to install a 9-feet span x 4-feet high x 43-feet run embedded box culvert with
associated inlet and outlet protection and natural stream bed materials.
With Conditions:
1. All work shall be in accordance with plans by CMA Engineers sheet 2 of 4 dated March 2008, as received by DES on October 7,
2008 and sheet 3 of 4 revision dated May 20, 2009 and sheet 4 of 4 revision dated March 5, 2009 (with box culvert) and narratives
by Stoney Ridge Environmental, LLC dated June 1, 2009, as received by DES June 2, 2009.
2. The applicant/agent shall submit photographs of the constructed stream bed within and adjacent to the box culvert documenting
the status and stability of the natural stream bed materials. The photographic documentation shall be submitted to DES and the New
Hampshire Fish and Game Department at the end of each two consecutive growing seasons following the completion of the culvert
replacement.
06/18/2009 6Decision Report06/08/2009 to 06/14/2009For Actions Taken
3. Any future work that is within the jurisdiction of the DES Wetlands Bureau as specified in RSA 482-A will require a new
application and approval by the Bureau.
4. This permit is contingent on review and approval, by the DES Wetlands Bureau, of final stream diversion/erosion control plans.
Those plans shall detail the timing and method of stream flow diversion during construction, and show temporary
siltation/erosion/turbidity control measures to be implemented.
5. Work shall be done during low flow.
6. Appropriate siltation/erosion controls shall be in place prior to construction, shall be maintained during construction, and remain
until the area is stabilized. Silt fence(s) must be removed once the area is stabilized.
7. Appropriate turbidity controls shall be installed prior to construction, shall be maintained during construction such that no
turbidity escapes the immediate work area, and shall remain until suspended particles have settled and the water at the work site has
returned to normal clarity.
8. No equipment shall enter the water.
9. All work shall be done from the top of the bank.
10. Prior to commencing work on a substructure located within surface waters, a cofferdam shall be constructed to isolate the
substructure work area from the surface waters.
11. Discharge from dewatering of work areas shall be to sediment basins that are: a) located in uplands; b) lined with hay bales or
other acceptable sediment trapping liners; c) set back as far as possible from wetlands and surface waters, in all cases with a
minimum of 20 feet of undisturbed vegetated buffer.
12. Work within the stream, inclusive of work associated with installation of a cofferdam, shall be done during periods of low flow.,
High flows can be caused by seasonal runoff or precipitation; the permittee shall monitor local forecasts to review weather
conditions.
13. No work within the confined area shall proceed until the cofferdam is fully effective, and water flow is controlled.
14. Temporary cofferdams shall be entirely removed immediately following construction.
15. Discharge from dewatering of work areas shall be to sediment basins that are: a) located in uplands; b) lined with hay bales or
other acceptable sediment trapping liners; c) set back as far as possible from wetlands and surface waters, in all cases with a
minimum of 20 feet of undisturbed vegetated buffer.
16. Dredged material shall be placed outside of the jurisdiction of the DES Wetlands Bureau.
17. Proper headwalls shall be constructed within seven days of culvert installation.
18. Within three days of final grading or temporary suspension of work in an area that is in or adjacent to wetlands or surface
waters, all exposed soil areas shall be stabilized by seeding and mulching during the growing season, or if not within the growing
season, by mulching with tack or netting and pinning on slopes steeper than 3:1.
19. Silt fencing must be removed once the area is stabilized.
20. This permit shall not preclude the Department of Environmental Services (DES) from taking any enforcement action or
revocation action if the DES later determines that these "existing structures" were not previously permitted or grandfathered.
With Findings:
DES reaffirms findings 1 through 6 and additional findings.
1. This is a minor impact project per Administrative Rule Env-Wt 303.03(l); Projects that alter the course of or disturb less than
200 linear feet of an intermittent or perennial nontidal stream or river channel or its banks and do not meet the criteria for minimum
impact under Env-Wt 303.04(n).
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01. 3. The applicant has provided
evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas and environments under the
department's jurisdiction per Env-Wt 302.03.
4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(a) Requirements for Application
Evaluation, has been considered in the design of the project.
5. The Alton Conservation Commission simply wishes the project to be done in low flow situations.
6. The proposed project will maintain the existing width of the stream at the crossing location.
7. The applicant was able to obtain a box culvert that that was not previously available.
8. The new structure will improve the hydrological capacity from the previously approved design.
9. The New Hampshire Fish and Game Department (NHFG) has approved the designed with the condition that follow-up
photographs be submitted to monitor any problems with the fish baffles that could not be removed from the already constructed box
culvert.
06/18/2009 7Decision Report06/08/2009 to 06/14/2009For Actions Taken
2008-00828
TUFTONBORO Unnamed Wetland
HERTEL, FREDRICK & MARY BETH
Requested Action:
Amend permit to increase the size of the rip-rap aprons in order to meet Alteration of Terrain Requirements.
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APPROVE AMENDMENT:
Dredge and fill 9265 square feet of palustrine forested wetland in the subdivision of 65.4 acres into 19 single family residential lots.
With Conditions:
1. All work shall be in accordance with plans by Lindon Design Associates dated January 1, 2007, as received by the Department on
March 25, 2009.
2. This permit is contingent on approval by the DES Alteration of Terrain.
3. This permit is contingent on approval by the DES Subsurface Systems Bureau.
4. There shall be no further alteration of wetlands for lot development, driveways, culverts, or for septic setback.
5. The deed which accompanies the sales transaction for each of the lots in this subdivision shall contain condition #4 of this
approval.
6. This permit shall not be effective until it has been recorded with the Registry of Deeds Office by the Permittee. A copy of the
recorded permit shall be submitted to the DES Wetlands Bureau.
7. Work shall be done during periods of non-flow.
8. Appropriate siltation/erosion controls shall be in place prior to construction, shall be maintained during construction, and remain
until the area is stabilized.
9. Dredged material shall be placed outside of the jurisdiction of the DES Wetlands Bureau.
10. Proper headwalls shall be constructed within seven days of culvert installation.
11. The existing area of the woods road not impacted by the proposed roadway shall be revegetated. This area shall be seeded with
a wetland seed mix appropriate to the area and shall be applied in accordance with manufacturers specifications.
12. Within three days of final grading in an area that is in or adjacent to wetlands or surface waters, all exposed soil areas shall be
stabilized by seeding and mulching during the growing season, or if not within the growing season, by mulching with tack or netting
and pinning on slopes steeper than 3:1.
13. Where construction activities have been temporarily suspended within the growing season, all exposed soil areas shall be
stabilized within 14 days by seeding and mulching.
14. Where construction activities have been temporarily suspended outside the growing season, all exposed areas shall be stabilized
within 14 days by mulching and tack. Slopes steeper than 3:1 shall be stabilized by matting and pinning.
15. Silt fencing must be removed once the area is stabilized.
With Findings:
The Department affirms findings 1-10 of the original approval:
1. This is a minor impact project per Administrative Rule Env-Wt 303.03(h); Projects involving less than 20,000 square feet of
alteration in the aggregate in nontidal wetlands, nontidal surface waters, or banks adjacent to nontidal surface waters which exceed
the criteria of Env-Wt 303.04(f).
2. The impacts are for the construction of a subdivision road for access to buildable upland areas.
3. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01. 4. The applicant has utilized 2:1
side slopes, is crossing the wetlands in the narrowest locations and is crossing at the existing disturbed areas.
5. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas
and environments under the department's jurisdiction per Env-Wt 302.03.
6. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(a) Requirements for Application
Evaluation, has been considered in the design of the project.
7. The applicant has identified three potential vernal pool areas.
8. The applicant has maintained 75% coverage for the 750 foot buffer around these pools on the subject lot.
9. The applicant has kept all building envelopes 100 feet from the potential vernal pool locations.
10. The conservation commission has not provided comments regarding this project.
The Department makes the following additional finding:
11. The applicant attempted to enlarge the culverts to reduce the velocities and thus the need for the larger aprons but there was not
06/18/2009 8Decision Report06/08/2009 to 06/14/2009For Actions Taken
enough cover above the structures.
2009-00527
ACWORTH Crescent Lake
ALBRIGHT, JANET
Requested Action:
Replace an existing 7 ft x 18 ft 6 in concrete dock with a 12 ft x 18 ft 6 in permanent roof with post supported 7 ft x 18 ft 6 in dock
with 12 ft x 18 ft 6 in permanent roof with no change in height or configuration on Crescent Lake, Acworth.
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Conservation Commission/Staff Comments:
No comments from Con Com by June 11, 2009
APPROVE PERMIT:
Replace an existing 7 ft x 18 ft 6 in concrete dock with a 12 ft x 18 ft 6 in permanent roof with post supported 7 ft x 18 ft 6 in dock
with 12 ft x 18 ft 6 in permanent roof with no change in height or configuration on Crescent Lake, Acworth.
With Conditions:
1. All work shall be in accordance with plans by Site Specific Inc dated January 2009, as received by DES on March 25, 2009.
2. This permit shall not be effective until it has been recorded with the county Registry of Deeds Office by the Permittee. A copy of
the recorded permit shall be submitted to the DES Wetlands Bureau, by certified mail, return receipt requested, prior to construction.
3. The repairs shall maintain the size, location and configuration of the pre-existing structures.
4. This permit to replace or repair existing structures shall not preclude the DES from taking any enforcement action or revocation
action if the DES later determines that the structures represented as "existing" were not previously permitted or grandfathered.
5. All construction related debris shall be placed outside of the jurisdiction of the DES Wetlands Bureau.
6. This permit does not allow for any dredge other than the removal of the concrete dock. No dredge to provide slips is allowed.
7. Appropriate siltation, erosion, and turbidity controls shall be in place prior to construction, maintained during construction, and
shall remain until the area is stabilized.
8. Work authorized shall be carried out such that discharges in spawning or nursery areas during spawning seasons shall be avoided,
and impacts to such areas shall be avoided or minimized to the maximum extent practicable during all times of the year.
9. Work shall be carried out in a time and manner such that disturbance to migratory waterfowl breeding areas and spawning areas
shall be avoided.
10. Additional expedited minimum impact applications shall be accepted for the subject property for a period of 12 months only if
the applicant demonstrates by plan that the additional project(s) are wholly unrelated or separate from the original application and
when considered with the original application are not classified as minor or major.
11. All activities shall be in accordance with the Comprehensive Shoreland Protection Act, per RSA 483-B. The owner is
responsible for obtaining any Shoreland Permit that may be required per RSA 483-B, for construction, excavation or fill that will
occur within the Protected Shoreland after July 1, 2008.
With Findings:
1. This is a minor impact project per Administrative Rule Env-Wt 303.03(g), removal of less than 20 cubic yards of material from
public waters.
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01. 3. The removal of the concrete
dock and replacement with a post supported dock is less impacting than replacing the concrete dock and meets the requirements of
Env-Wt 302.04.
4. The applicant has an average of 134 feet of shoreline frontage along Crescent Lake.
5. A maximum of 2 slips may be permitted on this frontage per Rule Env-Wt 402.13, Frontage Over 75'.
6. The proposed docking facility will provide 2 slips as defined per RSA 482-A:2, VIII and therefore meets Rule Env-Wt 402.13.
2009-00596
MOULTONBOROUGH Lake Winnipesaukee
ROGERS, MICHAEL
06/18/2009 9Decision Report06/08/2009 to 06/14/2009For Actions Taken
Requested Action:
Install two 6 ft x 40 ft seasonal docks connected to two 6 ft x 4 ft concrete pads on an average of 257 ft of frontage on Lake
Winnipesaukee, Moultonborough.
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Conservation Commission/Staff Comments:
Con Com has no comments by June 10, 2009
APPROVE PERMIT:
Install two 6 ft x 40 ft seasonal docks connected to two 6 ft x 4 ft concrete pads on an average of 257 ft of frontage on Lake
Winnipesaukee, Moultonborough.
With Conditions:
1. All work shall be in accordance with plans by Folsom Design and Construction Management dated March 25, 2009, as received
by DES on April 06, 2009.
2. This permit shall not be effective until it has been recorded with the county Registry of Deeds Office by the Permittee. A copy of
the recorded permit shall be submitted to the DES Wetlands Bureau by certified mail, return receipt requested, prior to installation.
3. These shall be the only structures on this water frontage and all portions of the dock shall be at least 20 ft. from abutting property
lines or the imaginary extension of those lines into the water.
4. Seasonal pier shall be removed from the lake for the non-boating season.
5. No portion of the pier shall extend more than 40 feet from the shoreline at full lake elevation.
6. The concrete pads shall be located complete behind full lake elevation and the undisturbed shoreline of 504.32 feet.
7. All activities shall be in accordance with the Comprehensive Shoreland Protection Act, per RSA 483-B. The owner is
responsible for obtaining any Shoreland Permit that may be required per RSA 483-B, for construction, excavation or fill that will
occur within the Protected Shoreland after July 1, 2008.
With Findings:
1. This is a minor impact project per Administrative Rule Env-Wt 303.03(d), construction of any docking system that provides for 4
boat slips.
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01. 3. The applicant has provided
evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas and environments under the
department's jurisdiction per Env-Wt 302.03.
4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(a) Requirements for Application
Evaluation, has been considered in the design of the project.
5. The applicant has an average of 257 feet of shoreline frontage along Lake Winnipesaukee.
6. A maximum of 4 slips may be permitted on this frontage per Rule Env-Wt 402.13, Frontage Over 75'.
7. The proposed docking facility will provide 4 slips as defined per RSA 482-A:2, VIII and therefore meets Rule Env-Wt 402.13.
2009-00750
NORTHFIELD Unnamed Stream
NH DEPT OF TRANSPORTATION
Requested Action:
Line a 66 in. x 370 ft. concrete culvert with a 59 in. polyethylene liner; repair inlet and add stone, construct a new headwall in front
of the existing one extending the culvert by 4 ft. impacting 926 sq. ft. (815 sq. ft. temporary) of riverine wetlands.
************************************
Conservation Commission/Staff Comments:
Cons. Comm. - no comment
APPROVE PERMIT:
Line a 66 in. x 370 ft. concrete culvert with a 59 in. polyethylene liner; repair inlet and add stone, construct a new headwall in front
of the existing one extending the culvert by 4 ft. impacting 926 sq. ft. (815 sq. ft. temporary) of riverine wetlands. NHDOT
project#15628.
06/18/2009 10Decision Report06/08/2009 to 06/14/2009For Actions Taken
With Conditions:
1. All work shall be in accordance with plans by NHDOT Bureau of Highway Design dated 4/16/09, as received by the Department
on April 24, 2009.
2. This permit is contingent upon the submission of a project specific stream diversion and erosion control plans to the DES
Wetlands Bureau. Those plans shall detail the timing and method of stream flow diversion during construction, and shall show the
temporary siltation, erosion and turbidity control measures to be implemented.
3. Appropriate siltation/erosion/turbidity controls shall be in place prior to construction, shall be maintained during construction,
and shall remain until the area is stabilized.
4. Construction equipment shall not be located within surface waters.
5. Within three days of final grading in an area that is in or adjacent to wetlands or surface waters, all exposed soil areas shall be
stabilized by seeding and mulching during the growing season, or if not within the growing season, by mulching with tack or netting
and pinning on slopes steeper than 3:1.
6. The contractor responsible for completion of the work shall utilize techniques described in the DES Best Management Practices
for Urban Stormwater Runoff Manual (January, 1996) and the Stormwater Management and Erosion and Sediment Control
Handbook for Urban and Developing Areas in New Hampshire (August, 1992).
7. Extreme precautions to be taken within riparian areas to limit unnecessary removal of vegetation during road construction and
areas cleared of vegetation to be revegetated as quickly as possible.
8. There shall be no further alteration to wetlands or surface waters without amendment of this permit.
9. Proper headwalls shall be repaired/ constructed within seven days of culvert installation.
10. Work shall be done during low flow.
11. Dredged material shall be placed out of the DES Wetlands Bureau jurisdiction.
With Findings:
1. This is a minor impact project per Administrative Rule Wt 303.03(l), alteration of less than 200 linear feet of a perennial stream.
2. The need for the proposed impacts has been demonstrated by the applicant per Wt 302.01 as the significant deterioration of the
culvert requires attention to provide safety for the traveling public.
3. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas
and environments under the department's jurisdiction per Wt 302.03.
4. The applicant has demonstrated by plan and example that each factor listed in Wt 302.04(a) Requirements for Application
Evaluation, has been considered in the design of the project.
5. The applicant has coordinated the project utilizing the monthly Natural Resource Agency meeting held at the NHDOT.
6. At that meeting the intent was to install a 64 in. cured in place liner but subsequent information found culvert joints were separated
and the plan was modified to the 59 in. polyethylene liner.
7. Drainage calculations submitted with the application show there is not a significant change in hydraulics.
8. A review of the project relative to impaired waters finds that most work is temporary, will have no additional loading or change in
use and best management practices are required in the conditions of approval, therefore there should be no additional impact to
impaired waters.
MINIMUM IMPACT PROJECT
***************************************************
2008-02394
NEW HAMPTON Unnamed Stream
NEW HAMPTON, TOWN OF
Requested Action:
Follow-up report for an emergency authorization issued by DES on 11/06/08, to repair and reset culverts and associated drainage
damaged by severe storm events.
************************************
CONFIRM EMERGENCY AUTHORIZATION:
06/18/2009 11Decision Report06/08/2009 to 06/14/2009For Actions Taken
Confirm emergency authorization issued by DES on 11/06/08, to repair and reset culverts and associated drainage damaged by
severe storm events.
With Conditions:
1. Any future work on this property that is within the jurisdiction of the DES Wetlands Bureau as specified in RSA 482-A will
require a new application and approval by the Bureau.
With Findings:
1. This is a minimum impact project per Administrative Rule Env-Wt 303.04(j) Projects located within the right-of-way of a public
road that do not impact bogs, marshes, sand
dunes, tidal wetlands, or undisturbed tidal buffer zone, prime wetlands or do not meet the requirements of Env-Wt 303.02(k).
2. The project was necessary to stabilize roadways and drainage and provide safe passage along Donkin Hill Road and Victor
Huckins Road.
3. Emergency authorization for this work was issued by DES Wetlands Bureau Staff on November 06, 2008.
4. Review of the report submitted pursuant the emergency authorization indicates that work has been completed in accordance with
the emergency authorization.
2009-00234
DOVER Bellamy River
PORCIELLO, GREGG
Requested Action:
Reconstruct in-kind existing non-conforming grandfathered tidal dock structure, including including 4'6" width of deck and attached
10'10" wide x 24'7" long shed section for first 24' of dock length; and 8' wide deck for remaining 18' of dock length; overall dock
length 42', providing one slip on 123 ft. of frontage.
************************************
APPROVE PERMIT:
Reconstruct in-kind existing non-conforming grandfathered tidal dock structure, including including 4'6" width of deck and attached
10'10" wide x 24'7" long shed section for first 24' of dock length; and 8' wide deck for remaining 18' of dock length; overall dock
length 42', providing one slip on 123 ft. of frontage.
With Conditions:
1. All work shall be in accordance with plans by NHSC Inc. dated 3/6/2009, as received by DES on 5/15/2009.
2. Any further alteration of areas on this property that are within the jurisdiction of the DES Wetlands Bureau will require a new
application and further permitting by the Bureau.
3. Work shall be done during low tide.
4. Construction equipment shall be inspected daily for leaking fuel, oil and hydraulic fluid prior to entering surface waters or
wetlands.
5. Faulty equipment shall be repaired prior to entering jurisdictional areas.
6. The contractor shall have appropriate oil spill kits on site and readily accessible at all times during construction and each operator
shall be trained in its use.
7. All refueling of equipment shall occur outside of surface waters or wetlands during construction.
With Findings:
1. This is a minimum impact project per Administrative Rule Env-Wt 303.04(v), replacement in-kind of an existing non-conforming
grand-fathered docking structure, including pier structure and pilings.
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01. The existing structure is
deteriorated and needs to be reconstructed.
3. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas
06/18/2009 12Decision Report06/08/2009 to 06/14/2009For Actions Taken
and environments under the department's jurisdiction per Env-Wt 302.03. The excessive number of pilings now supporting the
grand-fathered structure will be reduced by 12 from 30 piles to 19 replacement piles; the majority of the grand-fathered structure
meets current requirements for 1:1 height to deck width ratio over the tidal substrate. The boatlift originally proposed to be added to
the structure has been eliminated from the proposal.
4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(b) Requirements for Application
Evaluation, has been considered in the design of the project. No species of concern were reported by the NH Natural Heritage
Bureau as occurring within the project vicinity.
5. The Dover Conservation Commission did not report.
6. The National Marine Fisheries Service ("NMFS") reviewed this project on 3/25/2009 and recommended that the deck height to
width ratio be observed, and that the deck width be no more than 4'.
2009-00597
ANTRIM Unnamed Wetland
NH DEPT OF TRANSPORTATION
Requested Action:
Dredge and fill 1,656 sq. ft. of wetlands for sidewalk construction and drainage improvements.
************************************
APPROVE PERMIT:
Dredge and fill 1,656 sq. ft. of wetlands for sidewalk construction and drainage improvements.
With Conditions:
1. All work shall be in accordance with plans by Underwood Engineers, Inc. dated March 2009, as received by the Department on
April 06, 2009.
2. The Department has determined that this project is in the vicinity of an impaired waterbody. Therefore stormwater runoff
treatment for this project shall be designed and constructed so that the stormwater pollutant loads from the completed project are no
greater than the stormwater pollutant loads that existed prior to the project for all pollutants causing impairment which are likely to
be in stormwater discharged from the completed project.
3. Work shall be done during low flow conditions.
4. Work shall be conducted in a manner so as to minimize turbidity and sedimentation to surface waters and wetlands.
5. Appropriate siltation/erosion controls shall be in place prior to construction, shall be maintained during construction, and remain
until the area is stabilized. Silt fence(s) must be removed once the area is stabilized.
6. Dredged material shall be placed outside of the jurisdiction of the DES Wetlands Bureau.
7. Proper headwalls shall be constructed within seven days of culvert installation.
8. Culverts shall be laid at original grade.
9. The contractor responsible for completion of the work shall utilize techniques described in the New Hampshire Stormwater
Manual, Volume 3, Erosion and Sediment Controls During Construction (December 2008).
10. Within three days of final grading or temporary suspension of work in an area that is in or adjacent to wetlands or surface
waters, all exposed soil areas shall be stabilized by seeding and mulching during the growing season, or if not within the growing
season, by mulching with tack or netting and pinning on slopes steeper than 3:1.
With Findings:
1. This is a minimum impact project per Administrative Rule Env-Wt 303.04(f), alteration of less than 3,000 sq. ft. of wetlands.
2. In email correspondence dated October 02, 2008, NHFG indicated they do not expect impacts to wood turtle because of the
project's distance from riparian areas adjacent to the Contoocook River.
3. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01.
4. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas
and environments under the department's jurisdiction per Env-Wt 302.03.
5. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(b) Requirements for Application
Evaluation, has been considered in the design of the project.
06/18/2009 13Decision Report06/08/2009 to 06/14/2009For Actions Taken
FORESTRY NOTIFICATION
***************************************************
2009-01087
CANDIA Unnamed Stream
HARBOR STREET LIMITED PARTNERSHIP
COMPLETE NOTIFICATION:
Candia Tax Map 414, Lot# 90
2009-01088
WENTWORTH Unnamed Stream
DOWNING, TODD
COMPLETE NOTIFICATION:
Wentworth Tax Map 5, Lot# 22
2009-01089
NORTH HAVERHILL Unnamed Stream
BARTLETT, ROBERT
COMPLETE NOTIFICATION:
North haverhill Tax Map 412, Lot# 4
2009-01092
CLARKSVILLE
CONNECTICUT LAKES TIMBER COMPANY, C/O LYME TIMBER
COMPLETE NOTIFICATION:
Clarksville Tax Map R6, Lot# 2
2009-01137
ANTRIM Unnamed Stream
MAHAISHI ACADEMY
COMPLETE NOTIFICATION:
Antrim Tax Map 207, Lot# 15
2009-01138
HILLSBOROUGH Unnamed Stream
MAHARISHI ACADEMY
COMPLETE NOTIFICATION:
Hillsboro Tax Map 10, Lot# 3
2009-01139
WINDSOR Unnamed Stream
MAHARISHI ACADEMY
COMPLETE NOTIFICATION:
Windsor Tax Map 4 , lot# 5& 8
06/18/2009 14Decision Report06/08/2009 to 06/14/2009For Actions Taken
2009-01141
CANTERBURY Unnamed Stream
MCCULLOUGH, JILL
COMPLETE NOTIFICATION:
Canterbury Tax Map 225, Lot# 2
2009-01142
CAMPTON Unnamed Stream
DUBOIS, RENE
COMPLETE NOTIFICATION:
Campton Tax MAp 8, Lot# 4-2
2009-01144
MERRIMACK Unnamed Stream
MERRIMACK, TOWN OF
COMPLETE NOTIFICATION:
Merrimack Tax Map 5A, Lot# 9 & 64
2009-01145
HOOKSETT Unnamed Stream
NORTHRUP JR, WILLIAM
COMPLETE NOTIFICATION:
Hooksett Tax Map 19, lot# 13
2009-01146
SUTTON Unnamed Stream
HARPER, LAURENCE
COMPLETE NOTIFICATION:
Sutton Tax Map/Lot# 4/126-518 & 5/973-179
2009-01147
GOFFSTOWN Unnamed Stream
FINKE, TIM & CARRIE
COMPLETE NOTIFICATION:
Goffstown Tax Map 12, Lot# 6
2009-01148
MEREDITH Unnamed Stream
TREPANIER, TERESE
COMPLETE NOTIFICATION:
Meredith Tax MApS23, Lot# 2 & 22
2009-01149
MARLOW Unnamed Stream
DRED, NH
06/18/2009 15Decision Report06/08/2009 to 06/14/2009For Actions Taken
COMPLETE NOTIFICATION:
Marlow Tax Map 401, Lot# 11
EXPEDITED MINIMUM
***************************************************
2008-01955
DORCHESTER Unnamed Pond
BET REALTY LLC, WM & ELIE TROUGHT
Requested Action:
Proposal to install a dry hydrant, maintenance dredge and expand an existing farm pond. Work in wetlands consists of maintenance
dredging 5,530 sq. ft. of the existing pond, expand the existing pond by 1,500 sq. ft., install a dry hydrant in the pond and impact 60
sq. ft. of associated intermittent drainage.
************************************
APPROVE PERMIT:
Approval to install a dry hydrant, maintenance dredge and expand an existing farm pond. Work in wetlands consists of maintenance
dredging 5,530 sq. ft. of the existing pond, expand the existing pond by 1,500 sq. ft., install a dry hydrant in the pond and impact 60
sq. ft. of associated intermittent drainage.
With Conditions:
1. All work shall be in accordance with plans by James S. Kennedy dated January 20, 2009, as received by DES on May 11, 2009.
2. Appropriate siltation/erosion/turbidity controls shall be in place prior to construction, shall be maintained during construction,
and remain in place until the area is stabilized. Silt fence(s) must be removed once the area is stabilized.
3. Appropriate turbidity controls shall be installed prior to construction, shall be maintained during construction such that no
turbidity escapes the immediate dredge area, and shall remain until suspended particles have settled and the water at the work site
has returned to normal clarity.
4. Work in the intermittent stream/drainage shall be done during no flow and work in all other permitted impact areas shall be
conduced under no or low flow conditions.
5. Dredged material shall be placed outside of the jurisdiction of the DES Wetlands Bureau.
6. Discharge from dewatering of work areas shall be to sediment basins that are: a) located in uplands; b) lined with hay bales or
other acceptable sediment trapping liners; c) set back as far as possible from wetlands and surface
7. Within three days of final grading, all exposed soil areas shall be stabilized by seeding and mulching during the growing season,
or if not within the growing season, by mulching with tack or netting and pinning on slopes steeper than 3:1.
8. Where construction activities have been temporarily suspended within the growing season, all exposed soil areas shall be
stabilized within 14 days by seeding and mulching.
9. Where construction activities have been temporarily suspended outside the growing season, all exposed areas shall be stabilized
within 14 days by mulching and tack. Slopes steeper than 3:1 shall be stabilized by matting and pinning.
10. Construction equipment shall be inspected daily for leaking fuel, oil and hydraulic fluid. Faulty equipment shall be repaired
immediately.
11. The contractor shall have appropriate oil spill kits on site and readily accessible at all times during construction and each
operator shall be trained in its use.
12. All refueling of equipment shall occur outside of surface waters or wetlands during construction.
13. Any future work on this property that is within the jurisdiction of the DES Wetlands Bureau as specified in RSA 482-A will
require a new application and approval by the Bureau.
With Findings:
1. This is a minimum impact project per Administrative Rules Env-Wt 303.04(k) Maintenance dredging, when necessary to provide
continued usefulness of nontidal drainage ditches, man-made ponds, and spillways, Env-Wt 303.04(n) Projects that alter the course
of or disturb less than 50 linear feet, measured along the thread of the channel, of an intermittent nontidal stream channel or its banks
06/18/2009 16Decision Report06/08/2009 to 06/14/2009For Actions Taken
provided construction is performed during periods of non-flow, Env-Wt 303.04(w) Excavation of less than 10 linear feet within the
bank and bed of a surface water that does not exceed 200 square feet in total jurisdictional impact to the bed, for installation of a dry
hydrant and Env-Wt 303.04(p) Construction of a pond with less than 20,000 sq. ft. of wetlands impact.
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01.
3. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas
and environments under the department's jurisdiction per Env-Wt 302.03.
4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(b) Requirements for Application
Evaluation, has been considered in the design of the project.
5. The proposed work is needed to restore and increase the existing pond for agricultural activities, address sediment that enters the
site from the adjacent intermittent stream/drainage and provide a source of water for fire prevention.
2009-00726
LEBANON Unnamed Wetland
HASTINGS, JEFFREY & KATHY
Requested Action:
Propose to impact a total of 435 square feet of wetlands and approximately 35 linear feet of an associated intermittent stream for the
construction of an access road to a single family lot. Approximately 355 sq. ft. will be permanent impacts and 80 sq. ft. will be
temporary impacts. Work in wetlands consists of one wetlands crossing including an intermittent stream crossing with an 18 inch
diameter by 25 foot length culvert and associated filling and grading.
************************************
APPROVE PERMIT:
Impact a total of 435 square feet of wetlands and approximately 35 linear feet of an associated intermittent stream for the
construction of an access road to a single family lot. Approximately 355 sq. ft. will be permanent impacts and 80 sq. ft. will be
temporary impacts. Work in wetlands consists of one wetlands crossing including an intermittent stream crossing with an 18 inch
diameter by 25 foot length culvert and associated filling and grading.
With Conditions:
1. All work shall be in accordance with plans by Blakeman Engineering, Inc. entitled Site Plan and Stormwater Design for NH
Wetlands and CSPA Permitting dated April 6, 2009 as received by DES on April 27, 2009.
2. Work shall be done during periods of non-flow.
3. Work shall be conducted in a manner so as to minimize turbidity and sedimentation to surface waters and wetlands.
4. Appropriate siltation/erosion/turbidity controls shall be in place prior to construction, shall be maintained during construction,
and remain in place until the area is stabilized. Silt fence(s) must be removed once the area is stabilized.
5. All activities shall be in accordance with the Comprehensive Shoreland Protection Act, per RSA 483-B. The owner is
responsible for obtaining any Shoreland Permit that may be required per RSA 483-B, for construction, excavation or fill that will
occur within the Protected Shoreland after July 1, 2008.
6. The Department has determined that this project is in the vicinity of an impaired waterbody. Therefore stormwater runoff
treatment for this project shall be designed and constructed so that the stormwater pollutant loads from the completed project are no
greater than the stormwater pollutant loads that existed prior to the project for all pollutants causing impairment which are likely to
be in stormwater discharged from the completed project.
7. Dredged material shall be placed outside of the jurisdiction of the DES Wetlands Bureau.
8. Culverts and associated natural embedding material shall be set at (match) original stream grade.
9. Proper headwalls shall be constructed within seven days of culvert installation.
10. The contractor responsible for completion of the work shall utilize techniques described in the New Hampshire Stormwater
Manual, Volume 3, Erosion and Sediment Controls During Construction (December 2008).
11. Within three days of final grading or temporary suspension of work in an area that is in or adjacent to wetlands or surface waters,
all exposed soil areas shall be stabilized by seeding and mulching during the growing season, or if not within the growing season, by
mulching with tack or netting and pinning on slopes steeper than 3:1.
12. Where construction activities have been temporarily suspended within the growing season, all exposed soil areas shall be
stabilized within 14 days by seeding and mulching.
13. Where construction activities have been temporarily suspended outside the growing season, all exposed areas shall be stabilized
within 14 days by mulching and tack. Slopes steeper than 3:1 shall be stabilized by matting and pinning.
06/18/2009 17Decision Report06/08/2009 to 06/14/2009For Actions Taken
14. Any future work on this property that is within the jurisdiction of the DES Wetlands Bureau as specified in RSA 482-A will
require a new application and approval by the Bureau.
With Findings:
1. This is a minimum impact project per 303.04(z) Installation of a culvert or bridge and associated fill to permit vehicular access
to a piece of property for a single family building lot or for noncommercial recreational uses.
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01.
3. The applicant has provided evidence which demonstrates that this proposal is the alternative with the least adverse impact to
areas and environments under the department's jurisdiction per Env-Wt 302.03.
4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(b) Requirements for Application
Evaluation, has been considered in the design of the project.
5. The 18 inch culvert is the same size as the existing culvert under Dulac Street that handles run-off from both this property and a
neighboring lot. The culvert was chosen to adequately convey runoff flow.
6. The plan shows a proposed sewer line so the permit is not contingent on approval by the DES Subsurface Systems Bureau.
7. The Conservation Commission signed the application waiving their right to intervene pursuant to RSA 482-A:11.
8. No comments were submitted from the NHFG Nongame and Endangered Wildlife Program or the NH Natural Heritage Bureau.
2009-00889
HUDSON Unnamed Wetland
HUDSON, TOWN OF
Requested Action:
Impact a total of 375 square feet of drainage swale and within the bed and banks of Reed's Brook for the construction of a
5-foot-wide sidewalk and 6-foot-wide bike lane along NH Route 102.
************************************
Conservation Commission/Staff Comments:
The Hudson Conservation Commission signed the Minimum Impact Expedited Application.
APPROVE PERMIT:
Impact a total of 375 square feet of drainage swale and within the bed and banks of Reed's Brook for the construction of a
5-foot-wide sidewalk and 6-foot-wide bike lane along NH Route 102.
With Conditions:
1. All work shall be in accordance with plans by CLD Consulting Engineers, Inc. dated March 2009 and revised April 2009, as
received by DES on May 14, 2009.
2. Additional expedited minimum impact applications shall be accepted for the subject property for a period of 12 months only if the
applicant demonstrates by plan that the additional project(s) are wholly unrelated or separate from the original application and when
considered with the original application are not classified as minor or major.
3. The contractor responsible for completion of the work shall utilize techniques described in the New Hampshire Stormwater
Manual, Volume 3, Erosion and Sediment Controls During Construction (December 2008).
4. Work shall be done during seasonal low flow conditions.
5. Appropriate siltation/erosion/turbidity controls shall be in place prior to construction, shall be maintained during construction,
and remain in place until the area is stabilized. Silt fence(s) must be removed once the area is stabilized.
6. No fill shall be done for lot development.
7. Dredged material shall be placed outside of the jurisdiction of the DES Wetlands Bureau
8. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
With Findings:
1. This is a minimum impact project per Administrative Rule Env-Wt 303.04(j) Projects located within the right-of-way of a public
06/18/2009 18Decision Report06/08/2009 to 06/14/2009For Actions Taken
road that do not impact bogs, marshes, sand
dunes, tidal wetlands, or undisturbed tidal buffer zone, prime wetlands or do not meet the requirements of Env-Wt 303.02(k).
2. The need for the proposed impacts has been demonstrated by the applicant per Env-Wt 302.01. 3. The applicant has provided
evidence which demonstrates that this proposal is the alternative with the least adverse impact to areas and environments under the
department's jurisdiction per Env-Wt 302.03.
4. The applicant has demonstrated by plan and example that each factor listed in Env-Wt 302.04(b) Requirements for Application
Evaluation, has been considered in the design of the project.
GOLD DREDGE
***************************************************
2009-01115
(ALL TOWNS) Unnamed Stream
SOUTHERLAND, BRUCE
Conservation Commission/Staff Comments:
cc: Bath ConCom
2009-01150
(ALL TOWNS) Unnamed Stream
NASON, DAVID
Conservation Commission/Staff Comments:
cc: Bath ConCom
LAKES-SEASONAL DOCK NOTIF
***************************************************
2009-01104
MOULTONBOROUGH Lake Winnipesaukee
STREAM, JOHN
COMPLETE NOTIFICATION:
Moultonborough Tax Map 223, Lot# 1 Lake Winnipesaukee
ROADWAY MAINTENANCE NOTIF
***************************************************
2009-01086
NEWINGTON Unnamed Stream
NEWINGTON, TOWN OF
COMPLETE NOTIFICATION:
maintenance dredge ditch, culvert replacement and headwall work and replacemnet
06/18/2009 19Decision Report06/08/2009 to 06/14/2009For Actions Taken
2009-01105
NORTHWOOD Unnamed Stream
NH DEPT OF TRANSPORTATION
COMPLETE NOTIFICATION:
Replace a 30" RCP culvert
PERMIT BY NOTIFICATION
***************************************************
2009-00747
ALTON Lake Winnipesaukee
ALTON, TOWN OF
Requested Action:
Disqualify the PBN to repair the existing docking structure.
************************************
Conservation Commission/Staff Comments:
Con Com did not sign PBN form stating plans do not meet PBN standards
PBN DISQUALIFIED:
Disqualify the PBN to repair the existing docking structure.
With Findings:
1. A notice of incomplete permit by notification requesting additional information dated May 01, 2009, addressed to the applicant or
agent of record, clearly required the applicant to submit additional information to DES within 20 days of the request.
2. DES did not receive the requested additional information within the 20 days; and therefore, the permit by notification has been
disqualified.
2009-01042
EPSOM Roadside Ditch
PELLETIER CONSTRUCTION COMPANY, DAVID PELLETIER
Requested Action:
Proposal to impact 350 sq. ft. of drainage ditch and associated wetlands for access to a proposed single family residences. Work in
wetlands consists of installation of a 24 in. x 35 ft. HDPE culvert, associated headwalls and grading.
************************************
PBN IS COMPLETE:
Impact 350 sq. ft. of drainage ditch and associated wetlands for access to a proposed single family residences. Work in wetlands
consists of installation of a 24 in. x 35 ft. HDPE culvert, associated headwalls and grading.
With Findings:
1. This is a minimum impact project per Administrative Rule Env-Wt 303.04(z) Installation of a culvert or bridge and associated fill
to permit vehicular access to a piece of property for a single family building lot or for noncommercial recreational uses.
2009-01074
STRAFFORD Unnamed Wetland
KETENCI, MURAT & LINDA
Requested Action:
06/18/2009 20Decision Report06/08/2009 to 06/14/2009For Actions Taken
Dredge and fill 700 sq. ft. of wetlands to install a 12" x 20' culvert for construction of a driveway crossing to a single family house
lot.
************************************
PBN IS COMPLETE:
Dredge and fill 700 sq. ft. of wetlands to install a 12" x 20' culvert for construction of a driveway crossing to a single family house
lot.
2009-01078
STRAFFORD Bow Lake
POINTE TRINITY ASSOCIATION
Requested Action:
Beach replenishment with less than 10 cubic yards of sand.
************************************
Conservation Commission/Staff Comments:
Con Com signed PBN form on May 19, 2009
With Findings:
1. This is a minimum impact project per Administrative Rule Env-Wt 303.04(aa), beach replenishment.
2009-01085
WOLFEBORO Lake Winnipesaukee
PORT WEDELN ASSOCIATION
Requested Action:
Repair existing docking structures.
************************************
Conservation Commission/Staff Comments:
Con Com did not sign PBN form
With Findings:
1. This project is classified as a minimum impact project per Rule Env-Wt 303.04(v), repair of existing docking structures with no
change in size, location or configuration.
CSPA PERMIT
***************************************************
2009-00416
TUFTONBORO Lake Winnipesaukee
JWM GENERATIONS TRUST, SKIP HURT
Requested Action:
Impact 9500 sq ft for the purpose of constructing a 5 bedroom, single-family dwelling with garage, porch, and a pervious driveway,
and removing an existing tennis court.
************************************
Inspection Date: 04/22/2009 by Grant E Mecozzi
06/18/2009 21Decision Report06/08/2009 to 06/14/2009For Actions Taken
APPROVE PERMIT:
Impact 9500 sq ft for the purpose of constructing a 5 bedroom, single-family dwelling with garage, porch, and a pervious driveway,
and removing an existing tennis court.
With Conditions:
1. All work shall be in accordance with plans by Beckwith Builders Inc revised May 19, 2009 and received by the Department of
Environmental Services ("DES") on May 26, 2009.
2. All actions associated with the installation of the proposed septic system are contingent on approval by the DES Subsurface
Systems Bureau.
3. This permit does not reflect DES's acknowledgement that the existing boathouse is a grandfathered or legally existing structure.
4. Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands or areas
to remain unaltered.
5. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
6. Erosion and siltation control measures shall be installed prior to the start of work, be maintained throughout the project, and
remain in place until all disturbed surfaces are stabilized.
7. Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the
site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters.
8. No more than 16.2% of the area of the lot within the protected shoreland shall be covered by impervious surfaces unless
additional approval is obtained from DES.
9. The project as proposed will leave approximately 3,285 sq ft of the Natural Woodland Buffer beyond the primary building
setback in an unaltered state. At least 3,000 sq ft of the Natural Woodland Buffer beyond the primary building setback must remain
in an unaltered state in order to comply with RSA 483-B:9, V, (b), (2).
10. All activities conducted in association with the completion of this project shall be conducted in a manner that complies with
applicable criteria of Administrative Rules Chapter Env-Wq 1400 and RSA 483-B during and after construction.
11. No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or
contribute to, any violations of the surface water quality standards established in Env-Ws 1700 or successor rules in Env-Wq 1700.
12. Any fill used shall be clean sand, gravel, rock, or other suitable material.
2009-00623
LYME Post Pond
LOCH LYME LODGE INC, LIZ RYAN COLE
Requested Action:
Impact 2340 sq ft for the purpose of constructing a 8'X 12' bathhouse removing an existing septic system and installing a state
approved septic system with pumping station.
************************************
APPROVE PERMIT:
Impact 2340 sq ft for the purpose of constructing a 8'X 12' bathhouse removing an existing septic system and installing a state
approved septic system with pumping station.
With Conditions:
1. All work shall be in accordance with plans by CLD Consulting Engineering dated May 1, 2009 and received by the Department
of Environmental Services ("DES") on May 22, 2009.
2. All actions associated with the installation of the proposed septic system are contingent on approval by the DES Subsurface
Systems Bureau.
3. All proposed impacts within wetlands, surface waters, and their banks shall require a Wetland Permit under RSA 482-A.
4. Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands or areas
to remain unaltered.
5. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
06/18/2009 22Decision Report06/08/2009 to 06/14/2009For Actions Taken
6. Erosion and siltation control measures shall be installed prior to the start of work, be maintained throughout the project, and
remain in place until all disturbed surfaces are stabilized.
7. Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the
site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters.
8. No more than 3.4% of the area of the lot within the protected shoreland shall be covered by impervious surfaces unless additional
approval is obtained from DES.
9. The project as proposed will leave approximately 154,978 sq ft of the Natural Woodland Buffer beyond the primary building
setback in an unaltered state. At least 77,970 sq ft of the Natural Woodland Buffer beyond the primary building setback must remain
in an unaltered state in order to comply with RSA 483-B:9, V, (b), (2).
10. All activities conducted in association with the completion of this project shall be conducted in a manner that complies with
applicable criteria of Administrative Rules Chapter Env-Wq 1400 and RSA 483-B during and after construction.
11. No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or
contribute to, any violations of the surface water quality standards established in Env-Ws 1700 or successor rules in Env-Wq 1700.
12. Any fill used shall be clean sand, gravel, rock, or other suitable material.
2009-00694
BARNSTEAD Locke Lake
BEDNARSKI, VICTORIA
Requested Action:
Impact 3405 sq ft for the purpose of constructing an addition and a deck onto an exiting single-family dwelling, installing a state
approved septic system and constructing a temporary access driveway.
************************************
APPROVE PERMIT:
Impact 3405 sq ft for the purpose of constructing an addition and a deck onto an exiting single-family dwelling, installing a state
approved septic system and constructing a temporary access driveway.
With Conditions:
1. All work shall be in accordance with plans by Geometres Blue Hills LLC dated November 21, 2009 and received by the
Department of Environmental Services ("DES") on May 26, 2009.
2. This permit is contingent on approval by the DES Subsurface Systems Bureau.
3. The proposed temporary access drive shall not consist of impervious materials and shall be revegetated with native trees, shrubs
and ground covers upon completion of project installation.
4. Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands or areas
to remain unaltered.
5. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
6. Erosion and siltation control measures shall be installed prior to the start of work, be maintained throughout the project, and
remain in place until all disturbed surfaces are stabilized.
7. Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the
site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters.
8. No more than 15.9% of the area of the lot within the protected shoreland shall be covered by impervious surfaces unless
additional approval is obtained from DES.
9. The project as proposed will leave approximately 2,568 sq ft of the Natural Woodland Buffer beyond the primary building
setback in an unaltered state. At least 2,568 sq ft of the Natural Woodland Buffer beyond the primary building setback must remain
in an unaltered state in order to comply with RSA 483-B:9, V, (b), (2).
10. All activities conducted in association with the completion of this project shall be conducted in a manner that complies with
applicable criteria of Administrative Rules Chapter Env-Wq 1400 and RSA 483-B during and after construction.
11. No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or
contribute to, any violations of the surface water quality standards established in Env-Ws 1700 or successor rules in Env-Wq 1700.
12. Any fill used shall be clean sand, gravel, rock, or other suitable material.
06/18/2009 23Decision Report06/08/2009 to 06/14/2009For Actions Taken
2009-00718
CENTER BARNSTEAD Suncook Lake
MOLOY, MARTHA
Requested Action:
Impact 586 sq ft for the purpose of constructing a deck onto an existing nonconforming primary structure.
************************************
APPROVE PERMIT:
Impact 586 sq ft for the purpose of constructing a deck onto an existing nonconforming primary structure.
With Conditions:
1. All work shall be in accordance with plans by Richard and Martha Moloy dated May 2009 and received by the Department of
Environmental Services ("DES") on May 20, 2009.
2. No portion of the proposed deck may extend more than 12' towards the reference line in order to comply with RSA 483-B:11.
3. Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands or areas
to remain unaltered.
4. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
5. Erosion and siltation control measures shall be installed prior to the start of work, be maintained throughout the project, and
remain in place until all disturbed surfaces are stabilized.
6. Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the
site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters.
7. No more than 17.2% of the area of the lot within the protected shoreland shall be covered by impervious surfaces unless
additional approval is obtained from DES.
8. The project as proposed will leave approximately 1068 sq ft of the Natural Woodland Buffer beyond the primary building setback
in an unaltered state. At least 1068 sq ft of the Natural Woodland Buffer beyond the primary building setback must remain in an
unaltered state in order to comply with RSA 483-B:9, V, (b), (2).
9. All activities conducted in association with the completion of this project shall be conducted in a manner that complies with
applicable criteria of Administrative Rules Chapter Env-Wq 1400 and RSA 483-B during and after construction.
10. No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or
contribute to, any violations of the surface water quality standards established in Env-Ws 1700 or successor rules in Env-Wq 1700.
11. Any fill used shall be clean sand, gravel, rock, or other suitable material.
2009-00978
TAMWORTH Swift River
STANFORD, MICHAEL & ANNE
Requested Action:
Impact 3,750 sq ft for the purpose of constructing two cabins, expanding an existing gravel driveway and installing a state approved
septic system.
************************************
APPROVE PERMIT:
Impact 3,750 sq ft for the purpose of constructing two cabins, expanding an existing gravel driveway and installing a state approved
septic system.
With Conditions:
1. All work shall be in accordance with plans by Ames Associates dated May 11, 2009 and received by the Department of
Environmental Services ("DES") on May 21, 2009.
2. All actions associated with the installation of the proposed septic system are contingent on approval by the DES Subsurface
Systems Bureau.
3. Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands or areas
to remain unaltered.
06/18/2009 24Decision Report06/08/2009 to 06/14/2009For Actions Taken
4. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
6. Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the
site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters.
6. Erosion and siltation control measures shall be installed prior to the start of work, be maintained throughout the project, and
remain in place until all disturbed surfaces are stabilized.
7. No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or
contribute to, any violations of the surface water quality standards established in Env-Ws 1700 or successor rules in Env-Wq 1700.
8. No more than 6.0% of the area of the lot within the protected shoreland shall be covered by impervious surfaces unless additional
approval is obtained from DES.
9. The project as proposed will leave approximately 63,000 sq ft of the Natural Woodland Buffer beyond the primary building
setback in an unaltered state. At least 40,515 sq ft of the Natural Woodland Buffer beyond the primary building setback must remain
in an unaltered state in order to comply with RSA 483-B:9, V, (b), (2).
10. All activities conducted in association with the completion of this project shall be conducted in a manner that complies with
applicable criteria of Administrative Rules Chapter Env-Wq 1400 and RSA 483-B during and after construction.
11. Any fill used shall be clean sand, gravel, rock, or other suitable material.
2009-00979
MEREDITH Lake Winnipesaukee
MEOLA, DAMAIN & CHRISTINA
Requested Action:
Impact 2,027 sq ft for the purposes of replacing existing culverts, drains, patios and installing a drywell.
************************************
APPROVE PERMIT:
Impact 2,027 sq ft for the purposes of replacing existing culverts, drains, patios and installing a drywell.
With Conditions:
1. All work shall be in accordance with plans by New Hampshire Environmental Consultants LLC dated May 13, 2009 and received
by the Department of Environmental Services ("DES") on May 20, 2009.
2. All temporary impacts within the waterfront buffer shall be re-vegetated with native trees, shrubs and ground covers upon
completion of project installation.
3. Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands or areas
to remain unaltered.
4. All proposed impacts within wetlands, surface waters, and their banks shall require a Wetland Permit under RSA 482-A.
5. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
6. Erosion and siltation control measures shall be installed prior to the start of work, be maintained throughout the project, and
remain in place until all disturbed surfaces are stabilized.
7. Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the
site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters.
8. No more than 26.6% of the area of the lot within the protected shoreland shall be covered by impervious surfaces unless
additional approval is obtained from DES.
9. There shall be no impacts to native vegetation between 50' and 150' of the reference line associated with the proposed project in
order to comply with RSA 483-B:9, V, (b), (2), (A), (ii).
10. All activities conducted in association with the completion of this project shall be conducted in a manner that complies with
applicable criteria of Administrative Rules Chapter Env-Wq 1400 and RSA 483-B during and after construction.
11. No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or
contribute to, any violations of the surface water quality standards established in Env-Ws 1700 or successor rules in Env-Wq 1700.
12. Any fill used shall be clean sand, gravel, rock, or other suitable material.
06/18/2009 25Decision Report06/08/2009 to 06/14/2009For Actions Taken
CSPA PERMIT W/WAIVER
***************************************************
2009-00849
HOLDERNESS
KENISTON, DAVIS
Requested Action:
Impact 195 sq ft for the purpose of constructing an addition onto an existing non-conforming primary structure.
************************************
APPROVE PERMIT:
Impact 195 sq ft for the purpose of constructing an addition onto an existing non-conforming primary structure.
WAIVER APPROVED: Pursuant to RSA 483-B:11 II, RSA 483-B:9,II is hereby waived to allow construction of the proposed
project within the Setback.
With Conditions:
1. All work shall be in accordance with plans by Davis Keniston dated April 29, 2009 and received by the Department of
Environmental Services ("DES") on April 29, 2009.
2. This approval includes a waiver of RSA 483-B:9,II and, therefore, shall not be effective until it has been recorded at the Grafton
County Registry of Deeds and a copy of the recorded waiver is sent to the department by certified mail, return receipt requested.
3. There shall be no additional stormwater runoff to the water body resulting from the proposed project and all stormwater
management shall be designed to infiltrate stormwater runoff.
4. This permit is contingent on approval by the DES Subsurface Systems Bureau.
5. Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands or areas
to remain unaltered.
6. Within three days of final grading or temporary suspension of work, all exposed soil areas shall be stabilized by seeding and
mulching during the growing season, or if not within the growing season, by mulching with tack or netting and pinning on slopes
steeper than 3:1.
7. Erosion and siltation control measures shall be installed prior to the start of work, be maintained throughout the project, and
remain in place until all disturbed surfaces are stabilized.
8. Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the
site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters.
9. No more than 5.5% of the area of the lot within the protected shoreland shall be covered by impervious surfaces unless additional
approval is obtained from DES.
10. The project as proposed will leave approximately 15,125 sq ft of the Natural Woodland Buffer beyond the primary building
setback in an unaltered state. At least 7,563 sq ft of the Natural Woodland Buffer beyond the primary building setback must remain
in an unaltered state in order to comply with RSA 483-B:9, V, (b), (2).
11. All activities conducted in association with the completion of this project shall be conducted in a manner that complies with
applicable criteria of Administrative Rules Chapter Env-Wq 1400 and RSA 483-B during and after construction.
12. No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or
contribute to, any violations of the surface water quality standards established in Env-Ws 1700 or successor rules in Env-Wq 1700.
13. Any fill used shall be clean sand, gravel, rock, or other suitable material.
With Findings:
1. The existing non-conforming structure is located within the 50 ft primary building setback to Squam Lake and, therefore, fails to
conform to the setback restriction set forth in RSA 483-B:9, II, of the CSPA.
2. In accordance with RSA 483-B:11, II, the commissioner shall review proposals which are more nearly conforming than the
existing structures, and may waive some of the standards specified in RSA 483-B:9, so long as there is at least the same degree of
protection provided to the public waters and the proposal is "more nearly conforming."
3. The project as proposed would result in an additional 192 sq ft of impervious surface area.
06/18/2009 26Decision Report06/08/2009 to 06/14/2009For Actions Taken
4. The applicant has proposed to enhance the waterfront buffer with native blueberry plantings and install drip line trenches to
infiltrate storm water runoff and therefore, meets the requirements for a waiver to RSA 483-B:9 as described in RSA 483-B: 11, I.