Section Env-Wq 1304.07 - Restricted Use Areas at Access Points If an infestation occurs at an access point to a marina or private residence, or at a public or private boat ramp, the access point may continue to be used if a bottom barrier is put over the infestation to keep it from spreading or, if the water is too shallow for a bottom barrier, the weeds are hand-pulled, provided:
(a) The work is by SCUBA divers who have received weed control diver certification from the professional association of diving instructors;(b) The project is conducted in accordance with a non-emergency response plan designed pursuant to Env-Wq 1305.03;(c) The project is not located in prime wetlands, marshes, bogs, or tidal wetlands;(d) Diver-assisted harvesting of exotic aquatic weeds in flowing waters may be initiated only at the most upstream location of the infestation;(e) The project is not in a wetland that has been identified by the department of resources and economic development, natural heritage inventory as an exemplary natural community or that has documented occurrences of state- or federally-listed endangered or threatened species; and(f) The owner of the property obtains any permit or provides any notice required by RSA 482-A or Env-Wt 100 et seq.N.H. Code Admin. R. Env-Wq 1304.07
(See Revision Note at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014 , Proposed by #10696, Effective 10/18/2014, Expires10/18/2024.