Section Env-Wt 607.02 - Avoidance and Minimization(a) New dredging shall be avoided to the maximum extent practicable.(b) Dredging of existing regularly maintained FNP areas that exhibit high natural resource value shall meet avoidance and minimization techniques in Env-Wt 311.07 and Env-Wt 313.(c) All dredging projects shall be in accordance with standard conditions Env-Wt 307.03 and Env-Wt 307.10, provided that if the site is known to be a recruitment site for oyster spat, dredging shall not occur from June 1 through September 15 to accommodate oyster recruitment and spat development.(d) Using data screening in Env-Wt 603.03, dredging projects shall be screened to avoid shellfish beds, submerged aquatic vegetation, and essential fish habitat.(e) The footprint and volume of material to be dredged shall be reduced to the maximum extent practicable.(f) Sequential dredging shall be used when practicable to avoid dredging activity during specific time periods in environmentally sensitive areas, to avoid turbidity and sedimentation, bottom disruption, and noise in sensitive areas used by fishery resources during spawning, migration, and egg development.(g) Avoidance and minimization techniques require avoidance of dredging in accordance with Env-Wt 607.05 in areas of high resource value identified by the CFA, including the following resource areas: (1) Areas that support shellfish beds;(2) Areas with submerged aquatic vegetation, areas that historically supported submerged aquatic vegetation, historic and maintained FNP areas that exhibit high resource value, and publicly funded restoration sites; (3) Intertidal and wetland habitat; or (4) Estuarine/salt marshes, and other high value habitat areas, including shorebird habitat and nesting areas, essential fish habitat, and other protected species or habitat.(h) New cable and pipeline crossings shall be aligned along the least environmentally damaging route, specifically to avoid sensitive habitats including rocky reefs, submerged aquatic vegetation, oyster reefs, shellfish beds, emergent marsh, and mud flats.(i) Pipelines and submerged cables shall be buried where possible to avoid impacts to invertebrate migratory patterns resulting from pipe exposure.(j) Open trenching for pipeline or cable installation shall not be used unless all other methods are not practicable. If open trenching is used, a method in which the trench is immediately backfilled shall be used to reduce the impact duration.(k) Existing rights-of-way shall be used whenever possible to lessen overall encroachment and disturbance of coastal areas.(l) Equipment access shall be limited to the immediate project area unless access requires use of a more environmentally sensitive access.(m) No dredged material shall be disposed in areas containing sensitive or unique marine benthic habitats, including spawning sites, feeding sites, and surface deposits of cobble or gravel substrate.(n) Impacts to tidal waters/wetlands and submerged lands during the mobilization and demobilization of dredging and other related project equipment shall be evaluated and minimized.N.H. Admin. Code § Env-Wt 607.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12806, Effective 12/15/2019, Expires 12/15/2029.