Dredge and fill 7,814 square feet of palustrine forested wetlands and intermittent streams (impacting 107 linear feet) to construct an access loop road for a proposed kindergarten in Goffstown.

CONDITIONS:

1.  All work shall be in accordance with revised plans by True Engineering dated September 26, 2005, as received by the Department on September 30, 2005.

2.  This permit is contingent on approval by the DES Site Specific Program.

3.  This permit is contingent on approval by the DES Subsurface Systems Bureau.

4.  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.

5.  Wetland or surface water impacts associated with potential future development on this lot will be considered cumulative with impacts authorized under this permit and may require compensatory mitigation for the entire development.

6.  At least 48 hours prior to the start of construction, a pre-construction meeting shall be held with NHDES Land Resources Management Program staff at the project site or at the DES Office in Concord, N.H. to review the conditions of this wetlands permit and the NHDES Site Specific Permit.  It shall be the responsibility of the permittee to schedule the pre-construction meeting, and the meeting shall be attended by the permittee, his/her professional engineer(s), wetlands scientist(s), and the contractor(s) responsible for performing the work.

7.  Appropriate siltation/erosion/turbidity 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.

8.  Orange construction fencing shall be placed at the limits of construction to prevent accidental encroachment on wetlands.

9.  Stream crossing work shall be done during low flow or dry conditions.

10.  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.

11.  Proper headwalls shall be constructed over the culvert ends within seven days of culvert installation.

12.  Culvert outlets shall be protected in accordance with 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).

13.    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.

14.  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.

15.  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.

16.    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).

FINDINGS:

1.  This project is classified as a Minor Project per NH Administrative Rule Wt 303.03(h) and (l), as wetland impacts are less than 20,000 square feet, and intermittent stream impacts are less than 200 linear feet.

2.  On May 2, 2005, DES held a pre-application meeting with the Goffstown School District and their agent, True Engineering.  A loop road with 3 wetland crossings was discussed to construct a town kindergarten.  DES recommended that a master plan be provided to address potential future school expansion, that a functional assessment of wetlands be completed, and explained the wetland requirements of avoidance and minimization, project need, as well as the least impacting alternative analysis.

3.  In the original application received by DES on July 6, 2005, the applicant requested 8,698 square feet of wetland impact, including 205 linear feet of intermittent stream impacts, to construct an access loop road that will serve a new kindergarten with associated parking.

4.  In a letter dated July 5, 2005, the Goffstown Conservation Commission requested a 40-day intervention in order to complete a site walk and forward comments to DES.

5.  In a letter dated July 7, 2005, DES sent a "Notice of Administrative Completeness" to confirm that the application was accepted as administratively complete.

6.  In a letter dated July 13, 2005, DES sent relevant information to the Piscataquog River Local Advisory Committee (LAC) to notify them of the proposed project.

7.  On August 15, 2005, DES received a letter from an abutter to the project (map 5, lot 16) to express concerns and comments with the school proposal.

8.  On September 8, 2005, DES received a letter from the concerned abutter (map 5, lot 16) who now is representing a local citizens group known as the Goffstown Residents Association (GRA).  The letter expressed concerns with finding the most appropriate lot for the proposed school, and requested that the previous letter dated August 15, 2005 be represented as concerns from the collective group.  In addition, GRA requested that DES conduct a public hearing because the current proposal was never afforded a town public hearing prior to the town vote (which approved the transfer of land from the town to the School Administrative Unit (SAU) #19 to complete this project).

9.  On September 9, 2005, DES received a letter from the Goffstown Conservation Commission stating that they have serious concerns about the proposed use of the property, and asked DES to consider several issues including: town wetland zoning, potential future school expansions, alternative site layouts, a least impacting alternative analysis, wetland functional assessment, runoff and treatment from impervious surfaces, changes in groundwater hydrology, and to consider open bottom culverts for the stream crossings.

10.  On September 14, 2005, DES received plans from the concerned abutter (map 5, lot 16) showing town wetland setbacks, and future conceptual development.

11.  In a letter dated September 16, 2005, DES sent a "Request for More Information" to the applicant to address concerns raised by the Goffstown Conservation Commission and the GRA, and to meet specific NH Wetlands Bureau Administrative Rules.  DES summarized that the application did not appear to avoid and minimize overall wetland and stream disturbance, and did not provide evidence that the alternative is the one with the least impact to wetlands or surface waters on-site.  Several other items were requested including: a master conceptual plan for potential future development, wetland classifications with stream types and channel locations, mitigation (if stream impacts were not further reduced), plans stamped by a Certified Wetland Scientist (CWS), revised plans to relocate stormwater detention areas, and to contact the NH Fish & Game Department relative to 2 species of concern within the project vicinity.

12.  On September 27, 2005, DES received a letter of response and revised plans from SAU #19 and True Engineering, to satisfy the requested items from DES' September 16, 2005 letter.  Overall wetland and stream impacts were further reduced by using; one way 20-foot access roads, 2:1 side slopes, an open bottom box culvert, and by reducing the footprint of rip-rap aprons.  In summary, plans were revised to reduce total wetland impacts to 7,814 square feet and intermittent stream impacts to 107 linear feet. 

13.  On September 29, 2005, DES received a letter of response from BAG Land Consultants (the applicant's consultant and CWS) to satisfy the DES requested items.

14.  On September 30, 2005, DES received revised plans from BAG Land Consultants that contained the stamp of the CWS.

15.  On October 10, 2005, DES received an inter-department communication from the NH Fish & Game Department stating that, "It is our understanding that a bottomless concrete box will span the largest wetland drainage, substantially reducing impacts to the intermittent stream at the project site.  The bottomless concrete box will also help to retain the natural hydrologic characteristics of the site, potentially resulting in reduced impacts to wood turtle (Clemmys insculpta) and the state endangered brook floater mussel (Alasmidonta varicosa), located downstream in the Piscataquog River."

16.  Overall, DES finds that the need for the proposed impacts has been demonstrated by the applicant per Rule Wt 302.01;

17.  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 Rule Wt 302.03;

18.  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.

19.  In addition, wetland or surface water impacts associated with potential future development on this lot will be considered cumulative with impacts authorized under this permit and may require compensatory mitigation for the entire development.

20.  Public hearing is waived with the finding that the project is classified as a Minor Project and will not significantly impair the resources of this palustrine forested wetland and intermittent stream ecosystem.