N.H. Code Admin. R. Env-Wt 521.06

Current through Register No. 25, June 20, 2024

Section Env-Wt 521.06 - Utility Project Classification

(a) A utility project shall be a minimum impact project if:

(1) The project meets all applicable Utility BMPs, available as noted in Appendix B, and will have temporary impacts associated with inspection, maintenance, repair, replacement, or removal of existing utility facilities within existing rights-of-way;

(2) The project does not include establishing new access roads, installing permanent stream or wetland crossings, constructing new utility corridors or rights-of-way, or establishing new utility assets within existing corridors or rights-of-way;

(3) The project does not include any permanent fill in navigable waters;

(4) Impacts to any PRA other than prime wetlands and duly-established 100-foot buffers are authorized by following the recommendations provided by NHB, NHF&G, and the department;

(5) Timber mats are:

a. Not used in a tidal marsh; and

b. Used in an area other than a tidal marsh only if they are:

1. Necessary to conduct activities;

2. Removed as soon as work is completed; and

3. In place no longer than one growing season;

(6) The project does not cause a permanent conversion of more than 3,000 SF in total of forested wetlands to emergent or scrub-shrub wetlands with or without temporary fill; and

(7) For private residential utility projects involving the installation of residential utility lines and associated temporary impacts to bring services to a single building lot:

a. The total jurisdictional impact will not exceed 3,000 SF;

b. Impact width at any wetland crossing will not exceed 20 feet;

c. Stream crossing channels will not exceed 8 feet wide measured bank to bank; and

d. Only swamps or wet meadows that have no standing water for 10 months of the year will be crossed.

(b) A utility project shall be a minor impact project if the project:

(1) Includes the installation of one or more new permanent crossing(s) of a perennial stream;

(2) Establishes a new access road, new utility corridor or right-of-way, or new utility assets;

(3) Exceeds the Utility BMPs, available as noted in Appendix B, or any of the minimum impact criteria in (a), above;

(4) Includes permanent conversion of forested wetlands to emergent or scrub-shrub wetlands with or without temporary fill;

(5) For private residential utility projects, exceeds minimum impact criteria but does not exceed Env-Wt 400 project classification criteria; or

(6) Impacts greater than 3,000 SF but less than 10, 000 SF or meets the requirements for minor impact classification specified in Env-Wt 407.

(c) A utility project shall be a major impact project if:

(1) It does not meet the criteria for a minimum or minor impact project;

(2) It exceeds the minor impact criteria or meets the major impact criteria specified in Env-Wt 407; or

(3) It meets the criteria in (a) above, but:

a. Is in a PRA and has impacts that cannot be addressed through recommendations by NHB, NHF&G, or the department, as applicable; or

b. Requires mitigation under state or federal law.

N.H. Code Admin. R. Env-Wt 521.06

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 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.