skip navigation
New Hampshire Department of Environmental Services

Public Notices

Under the Coastal Zone Management Act, the New Hampshire Coastal Program (NHCP) provides the public with opportunities to comment on activities requiring federal consistency review, proposed changes to Coastal Program rules, and draft plans. Please see below for current public notices and comment periods.

Federal Consistency Public Notices

Pursuant to Section 307(c) of the Coastal Zone Management Act, the NHCP has received consistency requests for the following proposed activities. Public Notice is provided in accordance with the Federal Consistency Regulations (15 C.F.R. Part 930).

Written comments may be submitted to the NHCP, Pease Field Office, 222 International Drive, Suite 175, Portsmouth, NH, 03801. Comments may also be submitted electronically to For additional information, please contact Christian Williams at (603) 559-0025.

Current Federal Consistency Notices


Agency/Applicant: U.S. Environmental Protection Agency

The U.S. Environmental Protection Agency (EPA) is proposing to reissue the National Pollutant Discharge Elimination System General Permit for facilities that discharge non-contact cooling water to certain waters of the state.  Non-contact cooling water (NCCW) is water that is used to reduce temperature and that does not come into direct contact with raw material, intermediate product, waste product, or finished product. The proposed NCCW General Permit contains conditions similar to EPA’s 2008 NCCW General Permit that expired on July 31, 2013.  The proposed General Permit contains discharge limitations on flow, pH, temperature, and total residual chlorine (where applicable), as well as Best Technology Available requirements for cooling water intake structures.   The General Permit excludes, in part, discharges to Class A Waters, discharges to Outstanding Resource Waters, and any new or increased discharge to designated Wild and Scenic Rivers.

Facilities in New Hampshire that discharge up to 1 million gallons per day of NCCW are eligible to be covered by the proposed General Permit.  Facility owners/operators must submit a Notice of Intent to EPA and the DES Wastewater Engineering Bureau if they are seeking coverage under this General Permit for the first time or if the facility received coverage under the Non-Contact Cooling Water General Permit that expired on July 31, 2013.
Comments Deadline: July 17, 2014
Agency/Applicant: National Marine Fisheries Service

The National Marine Fisheries Service (NMFS), at the request of the U.S. Food and Drug Administration (FDA), is proposing to lift the Northern Temporary Paralytic Shellfish Poisoning Closed Area to the harvest of bivalves for human consumption.  In 2005, at the request of the FDA, NMFS closed an area of federal waters off the coasts of New Hampshire and Massachusetts to fishing for bivalve shellfish due to the presence in those waters of the toxins that cause Paralytic Shellfish Poisoning (PSP).  Shellfish contaminated with the toxin, if eaten in large enough quantity, can cause illness or death from PSP.  The closure was modified a number of times from 2005-2008 and the existing closure was extended from 2008 until 2014.  On May 19, 2014, the FDA formally requested that NMFS lift the northern portion of the closed area for bivalve harvesting.  FDA’s request is based on the premise that the area has not been subject to a toxic algal bloom for several years and testing of bivalve shellfish has demonstrated toxin levels well below those known to cause human illness.  In addition, the FDA has developed an agreement with the Commonwealth of Massachusetts to conduct PSP monitoring of bivalves from the area in accordance with currently accepted PSP testing procedures.  Should NMFS elect to lift the closure, Massachusetts will test the reopened waters and if the results yield samples that exceed the threshold for public safety, Massachusetts will inform NMFS who will work with the FDA to reinstate the closure.

Comments Deadline: July 17, 2014
Agency/Applicant: National Marine Fisheries Service

The National Marine Fisheries Service (NMFS) is proposing to implement broodstock measures in Lobster Conservation Management Areas 2 through 5, and trap allocation reductions in Areas 2 and 3, consistent with Amendment 3 of the Interstate Fishery Management Plan for American Lobster.  The proposal would modify federal lobster management measures in the Exclusive Economic Zone, from 3 to 200 nautical miles offshore.  The purpose of the proposed action is to manage the American lobster fishery in a manner that maximizes resource sustainability, recognizing that federal management occurs in consort with state management, and thus, that compatibility between state and federal measures is crucial to the overall success of American lobster management.  To achieve this purpose, NMFS is responding to recently-approved state management measures to address poor stock conditions and persistent recruitment failure of the Southern New England American lobster stock. 

The American lobster fishery is managed by the Atlantic States Marine Fisheries Commission (Commission) under Amendment 3 to the Interstate Fishery Management Plan for American Lobster.  Since 1997, the Commission has coordinated the efforts of the states and federal government toward sustainable management of the American lobster fishery.  NMFS manages the portion of the fishery conducted in federal waters from 3 to 200 nautical miles offshore, based on recommendations made by the Commission. 

Comments Deadline: July 17, 2014


Other Public Notices - None at this time.

NH Department of Environmental Services | 29 Hazen Drive | PO Box 95 | Concord, NH 03302-0095
(603) 271-3503 | TDD Access: Relay NH 1-800-735-2964 | Hours: M-F, 8am-4pm

copyright 2014. State of New Hampshire