Streamlining New Hampshire's Wetlands Permitting-- An Ongoing Process. Sandy Crystall, PWS New Hampshire Dept of Environmental Services May 2008

Transcription

1 Streamlining New Hampshire's Wetlands Permitting-- An Ongoing Process Sandy Crystall, PWS New Hampshire Dept of Environmental Services May 2008

2 Introduction Background Historical streamlining changes Program audit Making changes

3 Wetlands Dredge and Fill Law: RSA 482-A:1... For the Public Good Commerce, recreation and aesthetic enjoyment. Adequate groundwater levels. Ability to handle the runoff of waters. Natural ability of wetlands to absorb flood waters and silt. Habitats and reproduction areas for plants, fish and wildlife. Sources of nutrients for finfish, crustacea, shellfish and wildlife. Interests of the general public.

4 Protected Resources Wetlands Freshwater and tidal Surface waters and banks Other resources Sand dunes Upland tidal buffer zone (100 ) Uplands adjacent to prime wetlands (100 )

5 Generalized Project Classification Scheme Minimum Minor Major Area (sq. ft.) < 3,000 3,000 20,000 > 20,000 Bank Length < 50 linear feet 50 <200 lf >200 linear ft Fill removed or added <10 cubic yards >10 20 cubic yards > 20 cubic yards Natural Heritage Bureau T & E species; Exemplary natural comm. Type of Work Protected Resource Two-slip seasonal dock Repair in-kind, in the dry, for all but prime wetlands Permanent dock, 2+ slips; work in the water Tidal wetlands, prime wetlands or 100 buffer, bog, marsh

6 Trends: Wetland Applications & Notifications Received CY Ag Emergency Expedited Gold Forestry Seas Dock Standard Trails Roadway PBN

7 Obtaining Information About Rare Species and Environments

8 Forestry Notification (1992)

9 Notification for Routine Roadway Maintenance (2003) Culvert Extension at the Same Location Culvert Replacement and Relocation Embankment Stabilization Headwall Repair, Replacement and Construction Roadside Ditch Maintenance and Culvert Cleaning

10 Replace Culvert in Same Location Project Template

11 Guidance & Project Completion Form (2003)

12 Conservation Commission Review Timeframes Standard Dredge and Fill Application: 14 days from Town Clerk signature to request intervention 40 days from Town Clerk signature to provide report to DES Minimum Impact Expedited Application: Conservation Commission signature required before Bureau can review as expedited (otherwise reviewed as standard). Permit By Notification Permittee can start work within 25 days of TC signature if no CC signature (or within 10 days if signed by CC).

13 DES Permit Review Timeframes Standard Dredge and Fill Application 75 days from administratively complete letter, unless more than 1 acre of impact proposed (then 105 days). Minimum Impact Expedited Application 30 days from DES receipt of application Permit By Notification DES must review within 10 days of Town Clerk's signature if signed by CC, or within 25 days of Town Clerk's signature if no CC signature.

14 Processing of Standard Dredge & Fill and Minimum Imp. Expedited Applications

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16 State Programmatic General Permit First Programmatic General Permit Nationwide permits revoked Corps and federal resource agencies reviewed minor and major impact projects Reviewed DES weekly decision reports Today... Monthly meetings with DES to coordinate and for applicants to review with feds. Online permit application data used proactively to identify applications for closer scrutiny.

17 Getting Permit Status Information to the Public & Federal Agencies

18 Audit By the Legislative Budget Assistant's Office To assess if the Department of Environmental Services (DES) is efficient and effective in administering specific Water Division permitting functions. State fiscal years 2004 through Presented 19 observations relative to administrative rules, policies, procedures, and collection of program data (17 pertain to Wetlands program)

19 Issues (Real or Potential) of Fairness or Consistency Establish process for expediting permit application review Establish comprehensive policies and procedures manual Develop SOPs for situations where staff refuse to sign permit Maintain balance between public safety & mitigation (esp prime wetlands)

20 Timeframes Automatic permit approvals need to be reevaluated Recorded permit requirement Corps /fed issues No permit to post Change Time Limits When Conservation Commissions intervene To account for modified applications When the clock starts for Permits By Notification

21 Cognos Permit Tracking Report from FoxPro Database

22 Rules Needed Promulgate rules for handling requests for more information (RFMI), clearly indicating How applicants will receive RFMIs and How such requests for additional information will be documented to ensure Bureau compliance with RSA 482-A:3, XIV(b). Amending Permits Identify when new permits are required if changes are substantially beyond the scope of the original permit.

23 Increase Use of Multi-Program Positions Expand cross trained reviewers Provide increased flexibility to the Water Division in balancing resource needs among its programs Increase the labor grades of multi-program positions to reflect fully the skills needed in those positions.

24 Reevaluate Quality Control System Reevaluate how Bureau reviews permitting functions to ensure: Staff follow Bureau policies and procedures, Deadlines are met, Accurate information is entered into the database.

25 Informal Audit Observations Consider Permits By Notification Issues The lack of physical permits can make PBNs confusing for the public. Certain permits are not effective until recorded. PBNs are designed to be simple and to address lowpriority projects. However, reviewers must look at them closely in case the proposed projects should be submitted as MIE or Standard Dredge and Fill (SDF) permits. File Management

26 Changes in the Works Legislative activity Recognizes electronic communication Defines significant amendment Increases appeal period Revises timeframes for responses by applicant Wetlands Council hearing becomes evidentiary hearing Upcoming Exemption: Hand Pulling of Exotic Aquatic Weeds No permit would be necessary if divers who are DEScertified for Weed Control do the work, under the supervision of the DES Exotic Species Program. PGP Related: Stream Crossings Rules and Guidance

27 Wetland Program Improvement Initiative Identify other areas for program improvements Implement changes intended to address those concerns. Provided opportunity for stakeholder and public input on proposed improvements Solicited ideas on how the wetlands program might be further improved.

28 Making Changes to Programs Think through the options under consideration thoroughly! Resources? Are you being as effective at protecting the natural resources as your are at getting out permits?

29 Information New England District - US Army Corps of Engineers' NH Programmatic General Permit %20Final%20PN%20&%20PGP%20for%20Website.pdf ELI Research Report State Wetland Program Evaluation: Phase IV Greenland NH Supreme Court Decision Natural Heritage Bureau (Dept of Resources & Econ Devel) NHDES Wetlands Bureau