N.H. Code Admin. R. Env-Wt 520.05

Current through Register No. 25, June 20, 2024

Section Env-Wt 520.05 - Forestry Project Classification

(a) The following forestry projects shall be minimum impact and so eligible for an SPN, PBN, or EXP in accordance with Env-Wt 300:

(1) Roadway construction through forested wetlands for the purpose of conducting forest management activities, only if:

a. Roads are cleared only by felling timber in the roadway;

b. The road base is constructed using no fill other than:

1. Snow pushed onto and frozen over the road base; or

2. Stumps inverted in places where support of the road base is necessary;

c. The minimum length and number of ditches necessary to create and maintain adequate drainage are constructed in accordance with the Forestry BMPs, available as noted in Appendix B, and water quality protection measures;

d. Each road crossing is no more than 15 feet wide;

e. Stream crossings incorporate pole fords with no stumping within the stream banks;

f. Spring retirement of winter roads includes soil stabilization and drainage, such as water bars, necessary to prevent the roadway from redirecting or channeling surface water runoff; and

g. A corduroy skid trail for any single forested wetland crossing does not exceed 1,000 feet in length, measured along the proposed skid trail;

(2) Installation of a permanent crossing, such as a culvert or stone ford, and associated fill, to permit vehicular access to a parcel for forest management, only if:

a. Access is not used for subdivision, development, or other land conversion to non-forestry uses, except that forestry uses may be combined with normal agricultural operations or trail construction or maintenance, or both;

b. Roadway width, exclusive of side slopes, at the crossing does not exceed 20 feet;

c. Roadway width, measured at the toe of the roadway side slopes, is minimized and does not exceed 50 feet;

d. Fill for any single wetland crossing does not exceed 50 feet in length, measured along the proposed access way;

e. Wetland crossings are limited to those that:

1. Do not impact any bogs, vernal pools, marshes, sand dunes, tidal wetlands, or undisturbed tidal buffer zone;

2. Are not located in a prime wetlands or duly-established 100-foot buffer unless a prime wetlands waiver has been obtained in accordance with Env-Wt 700;

3. Only cross a swamp or wet meadow if such swamp or wet meadow has no standing water for 10 months per year or more; and

4. Are not located in a protected species habitat unless authorized under Env-Wt 407; and

f. The scoured stream width is no wider than 8 feet;

(3) Construction of a temporary crossing of a non-tidal watercourse of any width for the transportation of forest products, only if the temporary crossing:

a. Is not in or adjacent to prime wetlands or a duly-established 100-foot buffer unless a prime wetlands waiver has been obtained in accordance with Env-Wt 700;

b. Is not located in a protected species habitat unless authorized under Env-Wt 407;

c. Is not used for access to property that has been converted to non-forestry uses, except that forestry uses may be combined with normal agricultural operations or trail construction or maintenance or both;

d. Incorporates not more than one pier or post per 15 feet of span;

e. Incorporates one or more abutments in the bank(s) if necessary; and

f. If other than corduroy, is removed within 2 years of the date the SPN, PBN, or EXP is issued by the department, provided that if weather conditions preclude the removal of the crossing when the work is completed, the crossing may remain in place until weather conditions allow its removal; and

(4) Repair of existing forestry road crossing that:

a. Crosses a watercourse for which the scoured channel is 8 feet wide or narrower;

b. Is not in a prime wetlands or a duly-established 100-foot buffer unless a prime wetlands waiver has been obtained in accordance with Env-Wt 700;

c. Is not in a protected species habitat unless authorized under Env-Wt 407;

d. Is not used for access to property that has been converted to non-forestry uses, except that forestry uses may be combined with normal agricultural operations or trail construction or maintenance or both; and

e. The structure disturbs less than 3,000 SF.

(b) Forestry projects shall be minor impact projects only if:

(1) The project exceeds the criteria for a minimum impact project and does not meet the criteria for a major impact project; or

(2) The project exceeds 3,000 SF per crossing for other than corduroy crossings but does not exceed 10,000 SF per crossing of permanent wetland impacts.

(c) Forestry projects shall be major impact projects if:

(1) The project proposes permanent impacts in excess of the size limits for a minor project;

(2) The project proposes impacts to a bog, marsh, sand dune, tidal wetlands, or undisturbed tidal buffer zone; or

(3) The project is in an area with documented occurrences of a protected species or habitat where the responsible party has not received recommendations from NHB or NHF & G.

N.H. Code Admin. R. Env-Wt 520.05

Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029.

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12953, Effective 12/24/2019, Expires 12/24/2029.