Current through Register No. 42, October 17, 2024
Section Env-Wq 1307.05 - Prioritizing Diagnostic and Feasibility Studies Pursuant to RSA 487:18, project priority shall be determined by totaling the points assigned under each of the following categories:
(a) Points assigned based on the degree of impairment of the surface water shall be as follows: (1) Lakes and ponds not listed as impaired on the current or draft list prepared pursuant to section 303(d) of the federal Clean Water Act as specified in 40 CFR 130.7 shall receive no points;(2) Lakes and ponds not listed as impaired on the current or draft list prepared pursuant to section 303(d) of the federal Clean Water Act as specified in 40 CFR 130.7, but identified as being at risk of being impaired in documented Volunteer Lake Assessment Program (VLAP) data demonstrating a statistically-significant decline in water quality shall receive 3 points;(3) Lakes and ponds listed as impaired on the current or draft list prepared pursuant to section 303(d) of the federal Clean Water Act as specified in 40 CFR 130.7 shall receive 5 points; and(4) The score for this category shall be multiplied by a weighting factor of 4;(b) Points assigned based on the type and availability of public access sites and public boat access areas shall be as follows: (1) Privates lakes and ponds shall receive no points;(2) Public bodies of water with no known public access site shall receive one point;(3) Public bodies of water where the public access site is open land or beach and there is no public boat access area shall receive 3 points;(4) Public bodies of water where a public boat access area exists shall receive 5 points; and(5) The score for this category shall be multiplied by a weighting factor of 2;(c) Points assigned based on the predominant use(s) of the surface water and surrounding land area shall be as follows: (1) Surface waters where less than 30% of the shorefront is developed shall receive no points;(2) Surface waters where the surrounding land use is mostly residential and boating is predominantly small motorized and unmotorized craft shall receive one point;(3) Surface waters where the surrounding land use is a mix of residential and transient and boating is a mix of large and small motorized and unmotorized craft shall receive 3 points;(4) Surface waters designated as public water supplies shall receive 5 points; and(5) The score for this category shall be multiplied by a weighting factor of 2;(d) Points assigned based on the impact of the impairment or potential impairment to recreational and economic values of the surface water shall be as follows: (1) The impairment is to areas of a surface water that are off-shore of mostly-undeveloped land areas where there is little impact to recreational or commercial uses shall receive no points;(2) The impairment is on lakes and ponds with mostly residential aesthetic impacts shall receive one point;(3) The impairment impacts residential or public beaches shall receive 3 points; and(4) The impairment impacts commercial operations, such as marinas, public beaches, motels, restaurants, and public docks, shall receive 5 points;(e) Points assigned based on the impact of the impairment or potential impairment to ecological values of the surface water shall be as follows: (1) Impairments to mostly non-native plant or animal communities in the lake or pond shall receive no points; and(2) Impairments to native plant or animal species, such that the identified impairment would reduce the habitat for those species to the point where their abundance may be altered, shall receive 3 points; and(f) Points assigned based on the amount of local match shall be as follows: (1) Projects where the applicant proposes to provide not more than 50% match for the project shall receive no points;(2) Projects where the applicant proposes to provide at least 50% but less than 65% match for the project shall receive one point;(3) Projects where the applicant proposes to provide at least 65% but less than 80% match for the project shall receive 3 points; and(4) Projects where the applicant proposes to provide 80% or more match for the project shall receive 5 points.N.H. Admin. Code § Env-Wq 1307.05
Derived FromVolume XXXIV Number 46, Filed November 13, 2014 , Proposed by #10696, Effective 10/18/2014, Expires10/18/2024.