N.H. Admin. Code § Env-Wq 1406.05

Current through Register No. 44, October 31, 2024

Section Env-Wq 1406.05 - Permits by Notification

In addition to the activities listed in RSA 483-B:5-b, I(a) (1)-(3), the following activities may be undertaken in the protected shoreland pursuant to a permit by notification filed in accordance with RSA 483-B:5-b, I(a):

(a) Drilling geotechnical borings during the design of a public project, subject to the following conditions:

(1) The entity undertaking the project shall provide the landowner, the department, and the local governing body with written notification of the general location and the type of work to be conducted at least 14 days prior to its commencement;

(2) Any vehicles used shall be operated in a manner that minimizes disturbance to the natural woodland buffer;

(3) Drilling operations shall be managed so as to have no impact on water quality;

(4) Drill holes shall be back-filled with drill spoil or filled with clean material or grout;

(5) Drill cuttings not used to back fill drill holes shall be removed or stabilized; and

(6) Equipment shall be operated and maintained to avoid spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids;

(b) Drilling of test wells or installation of monitoring wells for purposes of exploring for public water supplies or soil or groundwater contamination, subject to the following conditions:

(1) The entity undertaking the drilling shall provide the landowner, the department, and the local governing body, with written notification of the general location and the type of work to be conducted at least 14 days prior to its commencement;

(2) Any vehicles used shall be operated in a manner that minimizes disturbance to the natural woodland buffer;

(3) Drilling operations shall be managed so as to have no impact on water quality;

(4) Drill holes shall be back filled with drill spoil or clean fill or permanently cased;

(5) Drill cuttings not used to back fill drill holes shall be removed or stabilized; and

(6) Equipment shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids;

(c) Drilling of drinking water wells outside of the natural woodland buffer, subject to the following conditions:

(1) The entity undertaking the drilling shall provide the landowner, the department, and the local governing body, with written notification of the intended location and type of well to be installed at least 14 days prior to commencing work;

(2) Any vehicles used shall be operated in a manner that minimizes disturbance to the terrain;

(3) Drilling operations shall be managed so as to have no impact on water quality;

(4) Any abandoned drill holes shall be back filled with drill spoil or clean fill;

(5) Drill cuttings not used to back fill drill holes shall be removed or stabilized; and

(6) Equipment shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids; and

(d) Site remediation activities approved by the department pursuant to Env-Or 600, subject to the following conditions:

(1) The information submitted to the department on which the approval for the activities was issued shall have clearly identified the protected shoreland;

(2) The information submitted to the department on which the approval for the activities was issued shall have clearly described the activities that will occur within the protected shoreland;

(3) The entity undertaking the activities shall provide the department's wetlands bureau and the local governing body with written notification of the commencement of work as soon as practicable, but in no event later than 5 working days after commencing work;

(4) Any vehicles used shall be operated in a manner that minimizes disturbance to the terrain;

(5) All activities shall be managed so as to have no adverse impact on water quality;

(6) Contaminated materials shall not be removed and returned to the site unless the materials are treated to the appropriate standards prior to being returned to the site; and

(7) Equipment shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids.

N.H. Admin. Code § Env-Wq 1406.05

(See Revision Note at chapter heading for Env-Wq 1400) #9188, eff 7-1-08; amd by #9349, eff 12-20-08

Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12062, Effective 12/17/2016, Expires 12/17/2026.