Section Env-Wt 309.02 - Projects Conditionally Authorized By Rule As authorized by RSA 482-A:11, VII, the following activities that are not prohibited or exempted by RSA 482-A and are not subject to an SPN may be undertaken without notifying the department or registering the activity with the department and without obtaining a standard permit or an EXP, provided the conditions stated in Env-Wt 307 and the conditions stated below are met:
(a) Mowing or other cutting of vegetation in a wet meadow, red maple swamp, hemlock swamp, or white pine swamp, subject to the following conditions: (1) The roots of the vegetation shall not be disturbed;(2) The ground shall be frozen or sufficiently dry to avoid making ruts; and(3) The project shall not be located in a bog, designated prime wetland, duly-established 100-foot buffer, marsh, or tidal buffer zone;(b) Placement of a boat mooring, swim raft, or swim line in waters of the state, provided that the mooring, raft, or line has a permit from the department of safety or the harbor master, as applicable;(c) Temporary placement of a fabric barrier on the bottom of a lake or pond by or under the direction of the department for the control of exotic aquatic weeds as authorized by RSA 487:17, subject to the following conditions: (1) The area shall not exceed 10,000 square feet (SF); and(2) The project shall not be located in a marsh of any size or a PRA;(d) Installation of a stream crossing in an ephemeral stream;(e) Use of piezometers, staff gauges, flow meters, or hand tools such as augers or tile spades for:(1) Determining limits of jurisdictional wetlands;(2) Determining stability of shoreline for data to be included in a wetlands application;(3) Educational purposes; or(4) Monitoring hydrology;(f) Hand raking of leaves or other organic debris from the shoreline or lake bed, subject to the following conditions:(1) All raking shall be done in an area exposed by drawdown or other low-water conditions;(2) The raking shall not disturb vegetative roots; and(3) The raking shall be limited to an area no larger than 900 SF;(g) The planting of non-invasive plants to enhance wetlands using hand-held, non-motorized tools;(h) Any stream crossing built landward of the limits of one bank to landward of the limits of the opposite bank so as not to impact jurisdictional areas;(i) Drilling geotechnical borings during the design of a project, borings and excavation for the purpose of wetland delineation or geologic sampling, drilling test wells or installing monitoring wells for purposes of exploring for public water supplies, drilling drinking water wells for public or private use, and drilling test wells or installing monitoring wells to investigate or monitor soil or groundwater contamination, provided:(1) The applicant provides the landowner, the department, the local governing body, and the municipal conservation commission, if any, with written notification of the general location and the type of work to be conducted prior to its commencement;(2) All applicable conditions from Env-Wt 307 are met;(3) Drill holes: a. Do not exceed 8 inches in diameter; andb. Are back-filled with drill spoil or are filled with clean material or grout;(4) Drill cuttings are removed out of department jurisdiction, unless they are used as provided in (3)b., above;(5) Any drilling in surface waters is done using machinery operated from a barge, from the ice, or from adjacent uplands; and(6) No work is done in bogs, marshes, tidal wetlands, prime wetlands, a duly-established 100-foot buffer, or in surface waters except as provided in (5), above;(j) Test pitting by backhoe or other heavy equipment in the banks of surface waters or in the upland tidal buffer zone for the purpose of gathering geotechnical information for the design of a project; and(k) Undertaking site remediation activities approved by the department pursuant to Env-Or 600, subject to the following additional conditions:(1) The information submitted to the department on which the approval for the activities was issued shall have:a. Clearly identified all jurisdictional areas; andb. Clearly described the activities that will occur within jurisdictional areas; and(2) The entity undertaking the activities shall provide the department's wetlands bureau and the local governing body with written notice of the commencement of work as soon as practicable, but in no event later than 5 working days after commencing work.(l) Projects solely for the removal of exotic aquatic weeds (EAW), subject to the following: (1) The project shall be conducted in accordance with a long-term management plan designed pursuant to Env-Wq 1305.03;(2) In flowing waters, harvesting shall be initiated only at the most upstream location of the infestation, where practicable;(3) The work shall be conducted by divers who have received training in EAW control diving from a diving instructor who is listed with the department's invasive species coordinator;(4) The vegetation control shall be done in a manner that avoids impacts that would cause degradation of water quality;(5) The project: a. Complies with RSA 487:15 through 25, the New Hampshire Clean Lakes Program; andb. Uses a construction sequence that minimizes impacts to any adjacent PRAs; and(6) If the NHB DataCheck identifies any areas of concern relative to protected species or habitat, the project shall incorporate the recommendations of NHF & G and NHB regarding the protected species or habitat.N.H. Code Admin. R. Env-Wt 309.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12803, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wt 300).Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12954, Effective 12/24/2019, Expires 12/24/2029.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.