Section 096-305-19 - Activities in, on or over significant vernal pool habitatA.Applicability(1) This section applies to activities in, on, or over a significant vernal pool habitat or a potential significant vernal pool habitat. Significant vernal pool habitat consists of a vernal pool depression and the portion of the critical terrestrial habitat within a 250 foot radius of the spring or fall high water mark of the depression. NOTE: The 250 feet of critical terrestrial habitat protected as significant vernal pool habitat is only a portion of the habitat used by adult wood frogs, ambystomatid salamanders, and threatened and endangered species. Tracking studies of adult pool-breeding amphibians have shown that they can travel over a third-mile away from their breeding pool, and that a radius of 750 feet around the pool is optimal for protecting viable amphibian populations. The DEP encourages efforts to protect more habitat adjacent to a vernal pool than this regulation has authority over.
(2) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of a permit issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Stormwater Management Law, 38 M.R.S.A. Section 420- D, or the Natural Resources Protection Act, 38 M.R.S.A. Section 480-A to BB. NOTE: For additional regulatory provisions applicable to significant vernal pools, see 06-096 CMR 335, Significant Wildlife Habitat.
B.Submissions. The following items must be submitted with the notification, unless otherwise provided below. (1) Photographs of the area that will be affected by the activity proposed.(2) Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the town in which the activity took place.(3) A scaled plan or drawing of the area affected, including but not limited to the following information: (a) The entire property on which the activity will take place, including property lines, the vernal pool depression and remaining surrounding significant vernal pool habitat within 250 feet of the spring or fall high water mark of the depression, and the boundaries and location of other protected natural resources such as streams and other wetlands;(b) Proposed activity and existing development on which the activity will take place, including buildings, parking areas, roads, fill areas, landscaped areas, etc.; and(c) Any site constraints limiting development beyond the significant vernal pool habitat, such as steep slopes. It is not necessary to have the plan formally prepared. However, it must be legible and drawn to a scale that allows a clear representation of distances and measurements on the plan.
C.Standards. The following measures must be taken during construction and maintenance of the activity. (1) No disturbance within the vernal pool depression.(2) Except for activities in existing developed areas, maintain a minimum of 75% of the critical terrestrial habitat as unfragmented forest with at least a partly-closed canopy of overstory trees to provide shade, deep litter and woody debris.(3) Maintain or restore forest corridors connecting wetlands and significant vernal pools.(4) Minimize forest floor disturbance.(5) Maintain native understory vegetation and downed woody debris. In determining whether the standard in Section 19(C)(2) has been met, the DEP considers only that portion of the critical terrestrial habitat within the significant vernal pool habitat, which is the area within a 250 foot radius of the spring or fall high water mark of the vernal pool depression.
(6) Take the following measures to prevent erosion of soil or fill material from disturbed areas:(a) Staked hay bales or silt fence must be properly installed at the edge of disturbed areas between the activity and the vernal pool depression before the activity begins;(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;(d) All disturbed soils must be permanently stabilized; and(e) Within 30 days of final stabilization of the site, any silt fence must be removed. NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.
(7) An activity of a type that would qualify for a permit by rule under one of the other sections of this chapter listed below, notwithstanding any restriction concerning significant wildlife habitat that may be in that section, must also meet the requirements of that section. Sec. 4. Replacement of structures
Sec. 9. Crossings (utility lines, pipes, cables)
Sec. 10. Stream crossings (bridges, culverts, fords)
Sec. 11. State transportation facilities
Sec. 12. Restoration of natural areas.
Sec. 13. Habitat creation or enhancement and water quality improvement activities
Sec. 15. Public boat ramps Sec. 16. Coastal sand dune projects
D.Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise. (1)Critical terrestrial habitat. Uplands and wetlands associated with significant vernal pools used by pool breeding amphibians for migration, feeding, and hibernation, in particular, forested wetlands and forested uplands that provide deep organic litter, coarse woody debris and canopy shade.(2)Existing developed area. The area of property altered including, but not limited to, buildings, driveways, parking areas, wastewater disposal systems, lawns and other landscaped areas, as of September 1, 2007.(3)Significant vernal pool habitat. A vernal pool depression and the portion of the critical terrestrial habitat within a 250 foot radius of the spring or fall high water mark of the depression. For complete criteria, see Chapter 335(9), Significant vernal pools.(4)Vernal pool depression. This area includes the vernal pool depression up to the spring or fall high water mark, and includes any vegetation growing within the depression.06-096 C.M.R. ch. 305, § 19