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NOTICE FOR EXPEDITED REVISIONS TO AGENCY FORMS

Proposed Expedited Revision Number 2021-1 Form Number NHDES W-06-035

1. Agency Name & Address: 2. RSA Authority: RSA 482-A:11, I, VII, and XI 3. Federal Authority: Department of Environmental Services 29 Hazen Drive P.O. Box 95 Concord, NH 03302-0095

4. Short Title: Expedited Revision to the “Seasonal Dock Notification For Lakes and Ponds”

5. Explanation of the reason for the proposed readoption with amendment of the form:

The Department of Environmental Services is proposing to readopt with amendment through the expedited revision to form process, pursuant to RSA 541-A:19-c, the form “Seasonal Dock Notification for Lakes and Ponds”, May 2020 Edition, that is required by Env-Wt 308.06, Table 308-1. The requirements on the form are set forth in Env-Wt 308.04(a), Env-Wt 308.05(a) and (b), and Env-Wt 311.11.

The form is being updated to require a copy of the deed for the property on which the dock is to be installed and plans of the waterfront and structure to be installed showing that the requirements of RSA 482-A:3, IV-a,(a) will be met. In addition, the citations in the form are being updated to reflect the changes in the statute. All of the proposed changes are necessitated by Chapter 37:81 of the Laws of 2020.

6. Contact person for copies and questions about the proposed form: Name: Pamela Monroe Title: Legal Unit Administrator Address: Department of Environmental Phone #: (603) 271-3137 Services Fax#: (603) 271-2867 29 Hazen Drive Concord, NH 03302 E-mail: [email protected] TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH) 7. Deadline for submission of materials in writing or in the electronic format specified: Thursday, February 11, 2021. Fax E-mail Other format (specify):

Edit. “whose use is required” Proposed Expedited Revision to Form 01/28/21 1

Readopt with amendment “Seasonal Dock Notification for Lakes and Ponds” (May 2020), required by Env-Wt 308.06, Table 308-1, effective 10-23-20 (document #13124), and the requirements set forth in: Env-Wt 308.04, effective 12-15-19 (Document #12803); Env-Wt 308.05, effective 12-15-19 (Document #12803), as amended effective 12-24-19 (Document #12954), and as amended effective 10-23-20 (Document #13124); and Env-Wt 311.11, effective 12-15-19 (Document #12803). Edit. and whose requirements are set forth”

Edit note to Agency. As an alternative to the above changes, a version in 2 sentences of the AARL could read: “Readopt with amendment “Seasonal Dock Notification for Lakes and Ponds” (May 2020), required by Env-Wt 308.06, Table 308- 1, effective 10-23-20 (document #13124). The requirements are set forth in: Env-Wt 308.04, effective 12-15-19 (Document #12803); Env-Wt 308.05, effective 12-15-19 (Document #12803), as amended effective 12-24-19 (Document #12954), and as amended effective 10-23-20 (Document #13124); and Env-Wt 311.11, effective 12-15-19 (Document #12803).”

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. Unclear. 2020, 38:81 struck “on any lake or pond” from RSA 482-A:3, IV-a. Env-Wt SECTION 1 - PROJECT CRITERIA (RSA 482-A:3, IV-a) 308.04(a) also includes “any lake or pond”. 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- Yes No a(b)(a)(2)). Edit. Delete. This might be presumed, but it is not in RSA 482-A:3, IV-a(a)(1). • The dock is removed for a minimum of five months each year (RSA 482-A:3, IV-a(c)(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(d)(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 is 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(e)(a)(5)). Refer to the last page of Yes No this form 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(f)(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(g)(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(h)(a)(8)). • The dock is installed in a manner that complies with the Shoreland Water Quality Protection Yes No

Unclear. The grammar in RSA 482-A;3, [email protected] does not clearly orapply (603) the 271 6-foot-2147 requirement if the waterbodyNHDES is Wetlands a river of Bureau,less than 29 1000 Hazen acres. Drive, PO Box 95, Concord, NH 03302-0095 www.des.nh.gov 2020-05 February 2021 Page 1 of 3 Unclear. RSA 482-A:3, IV-a (a)(10) says “Installed in a location that is not in, or NHDES-W-06-035 adjacent to, an area that has been designated as a prime wetland in accordance with RSA 482-A:15.” Although RSA 482-A:15 deals with municipalities, “within 100 Act, RSA-483-B (RSA 482-A:3, IV-a(i)(a)(9)). feet” is not mentioned as a substitute for “adjacent to.”

• 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(j)(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: Unclear. RSA 482-A:3, IV-a(a) just asks for name and address of property owner. Note to JLCAR: The SECTION 3 - PROPERTY OWNER (RSA 482-A:3, IV-a) reference to a deed inserted by 2020, 37:81 into RSA LAST NAME, FIRST NAME, M.I.: 482-A:3, IV-a(a) made the grammar unclear. ADDRESS: TOWN/CITY: STATE: ZIP CODE: PHONE: EMAIL: 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. Unclear. Unclear which rule or RSA covers this certification. It is not in Env- The signer understands that: Wt 311.11 or Env-Wt 308.04 and the certification at Env-Wt 308.05(b) appears to be different. • 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 , 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. Note to JLCAR. Although this is in Env-Wt • The signature shall constitute authorization311.11(d)(3)a.3., for the municipal as effective conservation 12-15-19 (Doc. commission and the #12803), the agency name is out-of-date. 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))

Edit. “pursuant to” [email protected] or (603) 271-2147 NHDES Wetlands Bureau, 29 Hazen Drive, PO Box 95, Concord, NH 03302-0095 www.des.nh.gov 2020-05 February 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 2020-05 February 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) (Hanover/Canaan) 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) 271-1960 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 • • • Lake (1st) • • 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). Edit. “RSA 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 2020-05 February 2021 Page 1 of 1