The State of DEPARTMENT OF ENVIRONMENTAL SERVICES ______Robert R. Scott, Commissioner

February 26, 2021

Joint Legislative Committee on Administrative Rules c/o OLS, Administrative Rules State House Annex, Room 219 Concord, NH 03301

Attn: Scott Eaton, Director

Re: Response to Preliminary Objection Proposed Expedited Revisions to Agency Forms – EXRF 2021-1 Seasonal Dock Notification for Lakes and Ponds” form number NHDES W-06-035

Dear Attorney Eaton:

Please accept this as the response of the Department of Environmental Services to the preliminary objection entered by the Joint Legislative Committee on Administrative Rules at its meeting on February 19, 2021.

Changes have been made to the form in response to the objection, as reflected in the attached annotated text.

Sincerely,

Robert R. Scott Commissioner

Enclosure ec: Pamela Monroe, Administrator, NHDES Legal Unit

www.des.nh.gov 29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095 (603) 271-3503 • TDD Access: Relay NH 1-800-735-2964 Consent.

NHDES-W-06-035

SEASONAL DOCK NOTIFICATION FOR LAKES AND PONDS STATUTORY PERMIT-BY-NOTIFICATION (SPN) Water Division/Land Resources Management Wetlands Bureau Check the Status of your Notification RSA/Rule: RSA 482-A:3, IV-a,(a) OWNER LAST NAME, FIRST NAME, M.I.: ______SPN complete and project as described conforms with all applicable requirements. Administrative Administrative Use Use SPN incomplete and/or project as described does not Only Only conform with all applicable requirements. File No: Reviewer’s Initials:

Use this form to implement the notification process established in RSA 482-A:3, IV-a for the installation of a seasonal dock on a lake or pond, subject to the qualifications below. Please read RSA 482-A:3, IV-a before proceeding. Bolded terms are defined in the attached pages. SECTION 1 - PROJECT CRITERIA (RSA 482-A:3, IV-a) Does the proposed seasonal dock meet the following criteria? • The dock is located on a lake or pond (RSA 482-A:3, IV-a). Yes No • The dock is the only docking structure on the shoreline frontage (RSA 482-A:3, IV-a(a)(1)). Yes No • The dock is constructed to be removed during the non-boating season (RSA 482-A:3, IV-a(a)(2)). Yes No • The dock is removed for a minimum of five months each year (RSA 482-A:3, IV-a(a)(3)). Yes No • The dock is configured to be narrow, rectangular, and erected perpendicular to the shoreline of Yes No a lake or pond or parallel to the bank of a river. (RSA 482-A:3, IV-a(a)(4)). • If the waterbody is 1,000 acres or larger, the dock is no more than six feet wide and no more than 40 feet long. If the waterbody is a river or less than 1,000 acres in size, the dock is no more than six feet wide and 30 feet long (RSA 482-A:3, IV-a(a)(5)). Refer to the last page of this form Yes No for a list of waterbodies that are 1,000 acres or larger. The proposed seasonal dock is feet wide by feet long. • The dock is located on a parcel of land that has 75 feet or more of shoreline frontage (RSA 482- Yes No A:3, IV-a(a)(6)). • The dock is located at least 20 feet from an abutting property line or imaginary extension of the Yes No property line over the water (RSA 482-A:3, IV-a(a)(7)). • The dock is installed in a manner which requires no modification, re-grading, or re-contouring of the shoreline, such as installation of a concrete pad for construction of a hinged dock (RSA 482- Yes No A:3, IV-a(a)(8)). • The dock is installed in a manner that complies with the Shoreland Water Quality Protection Yes No Act, RSA-483-B (RSA 482-A:3, IV-a(a)(9)).

[email protected] or (603) 271-2147 NHDES Wetlands Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095 www.des.nh.gov February 2021 March 2021 Page 1 of 3 NHDES-W-06-035

• The dock is installed in a location that is not in, or within 100 feet of, a municipally designated Yes No prime wetland (RSA 482-A:3, IV-a(a)(10)). If you answered "No" to any of the criteria listed in Section 1, you cannot use this form and must obtain a Standard Permit or a Wetlands Permit-by-Notification (PBN), if applicable. If you answered "Yes" to all criteria listed in Section 1, continue to Section 2. SECTION 2 - SEASONAL DOCK LOCATION (RSA 482-A:3, IV-a) ADDRESS: TOWN/CITY: STATE: NH ZIP CODE: TAX MAP: LOT NUMBER: NAME OF LAKE OR POND: SECTION 3 - PROPERTY OWNER (RSA 482-A:3, IV-a) LAST NAME, FIRST NAME, M.I.: ADDRESS: TOWN/CITY: STATE: ZIP CODE: PHONE: EMAIL: (Optional) (Optional) SECTION 4 - REQUIRED CERTIFICATIONS Initial each item and sign. Initials: The Owner(s) understand(s) that the dock is under an exemption of RSA 482-A:3, IV-a and may only be installed and maintained when all criteria specified are met. The Owner(s) understand(s) that any change in the conditions of the shoreline frontage, docking structure, Initials: or the exemption qualification criteria that results in the failure of the docking structure installation to meet the requirements shall prohibit the further maintenance of the docking structure until the appropriate permit has been obtained. Initials: The Owner(s) of the property understands that if the notification has been found to be “DISQUALIFIED,” the owner(s) of the property shall not proceed with installation of the dock. Initials: The information submitted on or within this notification is true, complete, and not misleading to the best of the signer’s knowledge and belief. The signer understands that: • The submission of false, incomplete, or misleading information constitutes grounds for NHDES to: 1. Reject the notification. 2. Revoke any approval that is granted based on the information. 3. If the signer is a certified wetland scientist, licensed surveyor, or professional engineer licensed Initials: to practice in New Hampshire, refer the matter to the joint board of licensure and certification

established by RSA 310-A:1. • The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641. • The signature shall constitute authorization for the municipal conservation commission and the Department to inspect the site of the proposed project. SECTION 5 - REQUIRED SIGNATURE SIGNATURE (OWNER): PRINT NAME LEGIBLY: DATE: ______SIGNATURE (AGENT, IF APPLICABLE): PRINT NAME LEGIBLY: DATE: ______SECTION 6 - REQUIRED ATTACHMENTS (RSA 482-A:3, IV-a,(a))

[email protected] or (603) 271-2147 NHDES Wetlands Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095 www.des.nh.gov February 2021 March 2021 Page 2 of 3 NHDES-W-06-035

A copy of the deed for the property on which the dock is to be installed. Plans of the waterfront and structure to be installed showing that the requirements of RSA 482-A:3, IV-a, (a) will be met.

[email protected] or (603) 271-2147 NHDES Wetlands Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095 www.des.nh.gov February 2021 March 2021 Page 3 of 3 NHDES-W-06-035

SEASONAL DOCK NOTIFICATION FOR LAKES AND PONDS INSTRUCTIONS Water Division/Land Resources Management Wetlands Bureau (Keep this sheet for your reference; do not submit it with your application) Check the Status of your Notification Applicability: The Seasonal Dock Notification for Lakes and Ponds is available for use by public or private entities who are proposing the installation of a temporary seasonal dock on a lake or pond that is protected under RSA 482-A. Submission: Mail the original notification to the address at the bottom of this page. Fee: This notification process is free of charge. Additional Instructions: The following instructions supplement the instructions listed in the Seasonal Dock Notification for Lakes and Ponds: 1. The following list includes waterbodies for which the state has fee-simple ownership or flowage rights: • Deering Lake • Glen Lake (Gregg Falls) • Lake Horace (Weare Reservoir) • Francis Lake (docks not allowed) • Goose Pond • Winnisquam Lake (Lochmere Dam)

If you are proposing the installation of a seasonal dock in one of these lakes or ponds, please contact the NHDES Dam Bureau Land Agent at (603) 271-3406 before you submit a Seasonal Dock Notification for Lakes and Ponds, as this may impact your ability to install a dock. 2. The applicant shall verify that the proposed seasonal dock meets the criteria of RSA 482-A:3, IV-a, as listed in Section 1 of the notification. Please note that the following list includes waterbodies greater than 1,000 acres: • Bow Lake • • Ossipee Lake • Comerford Storage • • • Connecticut Lake (1st) • Mascoma Lake • Province Lake • Connecticut Lake (2nd) • Massabesic Lake • • Conway Lake • • Sunapee Lake • Great East Lake • Moore Reservoir • Vernon Dam • Lake Umbagog • • Winnisquam Lake Definitions: Abutting Property: Any property immediately contiguous to the property on which a project has occurred or is proposed. Designated Prime Wetlands: Any contiguous areas falling within the jurisdictional definitions of RSA 482-A:2, X and RSA 482-A:4 that, because of their size, unspoiled character, fragile condition, or other relevant factors, make them of substantial significance (482-A:15, I-a). Seasonal Dock: A docking structure that is designed and constructed such that the structure and all associated supports can be completely removed from the surface water and its bed during the non-boating season. The term includes but is not limited to pipe docks and floating docks (Env-Wt 104.14). Shoreline Frontage: The average of the length of a straight line drawn between the points where the side property lines intersect the reference line and the length of the natural frontage between the same points (Env-Wt 104.18). [email protected] or (603) 271-2147 NHDES Wetlands Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095 www.des.nh.gov February 2021 March 2021 Page 1 of 1