NAC527.290. Project plan.

     1. The project plan submitted with an application for a permit must contain:

     (a) A topographic map of the area of the project and any off-site mitigation activities that identifies:

          (1) The boundaries of the area of the proposed project;

          (2) The ownership of the surface rights of the land within the project area;

          (3) The plants on the list of fully protected species of native flora, designated by species, within the project area;

          (4) The existing habitat of all plants, designated by species, on the list of fully protected species of native flora within the project area;

          (5) All other vegetation by community;

          (6) Existing soils to the extent the information is available;

          (7) The areas to be affected by the project in sufficient detail so that the areas can be located from the ground; and

          (8) The existing artificially created features and disturbances, including, without limitation, surface facilities, wells, roads, drainage ways, fill material and fencing.

     (b) An estimate of the number of acres or square feet of plants on the list of fully protected species of native flora and the habitat of such plants that are affected by each type of artificially created feature and disturbance.

     (c) A statement describing the predisturbance and postdisturbance use of the land within the project area.

     (d) A statement describing the best management practices and measures that will be used to minimize soil erosion and negative impacts to the surface and air during implementation of the proposed project plan and mitigation activities.

     (e) A plan for mitigation activities that includes, without limitation:

          (1) Consideration of the predisturbance and postdisturbance use of the land within the project area.

          (2) Assessment of the technical and economic practicability of the proposed techniques for mitigation activities.

          (3) Assessment of the effectiveness of the proposed mitigation activities.

          (4) Assessment of the annual precipitation, soils, topography, potential for erosion and other natural factors affecting proposed mitigation activities.

          (5) Assessment of the potential for degradation, fragmentation and extirpation of any plant on the list of fully protected species of native flora resulting from implementation of the project.

          (6) The specific mitigation activities proposed to mitigate and minimize the taking of a plant on the list of fully protected species of native flora, including, without limitation:

               (I) A plan for the management of topsoil and growth medium.

               (II) A plan for transplantation or regeneration, including, without limitation, details concerning methodologies, locations, schedules, monitoring and reporting.

               (III) A plan for site protection, including, without limitation, signs and fencing.

               (IV) A plan for educating employees, contractors and subcontractors.

               (V) The research and monitoring activities that will be conducted.

               (VI) Other strategies to be employed, including, without limitation, a conservation easement, a land exchange or an agreement with the State Forester for a management area.

     2. As used in this section:

     (a) “Growth medium” means a material that is capable of supporting vegetation.

     (b) “Topsoil” means the material at or near the surface of the earth that has been modified and acted upon by natural, physical, chemical or biological agents in a manner which will allow it to support revegetation.

     (Added to NAC by St. Forester Firewarden by R056-01, eff. 11-1-2001)