N.H. Code Admin. R. Env-Wt 307.03

Current through Register No. 25, June 20, 2024

Section Env-Wt 307.03 - Protection of Water Quality Required

(a) No activity shall be conducted in such a way as to cause or contribute to any violation of:

(1) The surface water quality standards specified in RSA 485-A:8 or Env-Wq 1700;

(2) The ambient groundwater quality standards established under RSA 485-C;

(3) The limitations on activities in a sanitary protective area established under Env-Dw 302.10 or Env-Dw 305.10; or

(4) Any provision of RSA 485-A, Env-Wq 1000, RSA 483-B, or Env-Wq 1400 that protects water quality.

(b) All work, including management of soil stockpiles, shall be conducted so as to minimize erosion, minimize sediment transfer to surface waters or wetlands, and minimize turbidity in surface waters and wetlands using the techniques described in:

(1) Env-Wq 1505.02, Env-Wq 1505.04, Env-Wq 1506, and Env-Wq 1508;

(2) The applicable BMP manual, available as noted in Appendix B:

a. For forestry projects, the Forestry BMPs;

b. For SPN utility projects, the Utility BMPs;

c. For trail projects, whether under an SPN or other approval, the Trail BMPs; or

d. For roadway maintenance projects, whether under an SPN, registration, or other approval, the Routine Roadway BMPs; or

(3) The applicable BMP manual supplemented by the portions of Env-Wq 1500 listed in (1), above, if the applicable BMP manual provides less protection to jurisdictional areas than the provisions of Env-Wq 1500 listed in (1), above.

(c) Water quality control measures shall:

(1) Be selected and implemented based on the size and nature of the project and the physical characteristics of the site, including slope, soil type, vegetative cover, and proximity to jurisdictional areas;

(2) Be comprised of wildlife-friendly erosion control materials when:

a. Erosion control blankets are used;

b. A protected species or habitat is documented;

c. The proposed work is in or adjacent to a PRA;

d. Specifically requested by NHB or NHF & G; or

e. Any combination of a. through d., above, applies;

(3) Be installed prior to start of work and in accordance with the manufacturer's recommended specifications or, if none, the applicable requirements of Env-Wq 1506 or Env-Wq 1508;

(4) Be capable of:

a. Minimizing erosion;

b. Collecting sediment and suspended and floating materials; and

c. Filtering fine sediment;

(5) Be maintained so as to ensure continued effectiveness in minimizing erosion and retaining sediment on-site during and after construction;

(6) Remain in place until all disturbed surfaces are stabilized to a condition in which soils on the site will not experience accelerated or unnatural erosion, using techniques such as:

a. Achieving and maintaining a minimum of 85% vegetative cover using an erosion control seed mix, whether applied in a blanket or otherwise, that is certified by its manufacturer as not containing any invasive species; or

b. Placing and maintaining a minimum of 3 inches of non-erosive material such as stone; and

(7) If designed and installed as temporary methods, be removed upon completion of work when compliance with (6), above, is achieved;

(d) Any sediment collected by water quality control measures shall be:

(1) Removed with sufficient frequency to prevent the discharge of sediment; and

(2) Placed in an upland location in a manner that prevents its erosion into a surface water or wetland.

(e) All exposed soils and other fills shall be permanently stabilized within 3 days following final grading.

(f) A coffer dam or other turbidity control shall be:

(1) Used to enclose a dredging project conducted in or along the shoreline of a bog, marsh, lake, pond, stream, river, creek, or any other surface water, provided that a coffer dam shall not be installed during periods of high flow; and

(2) Removed after work within the coffer dam or other turbidity control is completed, the contained water has returned to background clarity, and removing the structure will not cause or contribute to a violation of (c)(6), above.

(g) The person in charge of construction equipment shall:

(1) Inspect such equipment for leaking fuel, oil, and hydraulic fluid each day prior to entering surface waters or wetlands or operating in an area where such fluids could reach groundwater, surface waters, or wetlands;

(2) Repair any leaks prior to using the equipment in an area where such fluids could reach groundwater, surface waters, or wetlands;

(3) Maintain oil spill kits and diesel fuel spill kits, as applicable to the type(s) and amount(s) of oil and diesel fuel used, on site so as to be readily accessible at all times during construction; and

(4) Train each equipment operator in the use of the spill kits.

(h) Equipment shall be staged and refueled in accordance with Env-Wt 307.15.

N.H. Code Admin. R. Env-Wt 307.03

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029.