Section Env-Wt 519.08 - Classification of Pond Construction Projects A project to construct a pond shall be classified as follows:
(a) Subject to (b), below, the project shall be a minimum impact project if the following criteria are met:(1) The proposed project will impact less than 3,000 SF of wetlands, except that a fire pond may impact up to 10,000 SF of wetlands;(2) The project area contains no very poorly drained soils;(3) No waivers to any design requirements;(4) The proposed pond will not be fed by or cause outflow to any watercourse; and(5) The project is not located in and will not impact a PRA, except as provided in Env-Wt 407;(b) A new wildlife pond shall be considered a minimum impact project if the following criteria are met: (1) The applicant meets with the technical reviewer in the department's wetlands bureau at least 7 days prior to submitting the application;(2) The pond is designed by a certified wetland scientist;(3) The pond meets all design requirements specified in Env-Wt 519.05; and(4) The project's total wetland impact does not exceed 20,000 SF;(c) The project shall be a minor impact project if any of the criteria in (a) or (b), above, as applicable, are not met or if all of the following criteria are met: (1) The project area contains very poorly drained soils but does not contain more than 15% inclusions of very poorly drained soils;(2) The proposed pond will not be fed by or cause outflow to any watercourses;(3) The project is not located in a marsh or scrub-shrub wetland adjacent to a surface water;(4) The project will not impact a PRA, except as provided in Env-Wt 407; and(5) The project will impact 3,000 SF or greater but less than 10,000 SF of wetlands; and(d) The project shall be a major impact project if the proposed project: (1) Will impact 10,000 SF or more of wetlands or surface waters; or(2) Does not meet the criteria to be a minimum impact or minor impact project.N.H. Admin. Code § Env-Wt 519.08
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 500).Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.Amended by Number 45, Filed November 9, 2023, Proposed by #13776, Effective 10/13/2023, Expires 10/13/2033.