N.H. Admin. Code § Env-Wq 1505.03

Current through Register No. 45, November 7, 2024

Section Env-Wq 1505.03 - Maximum Open Area Allowed

(a) All areas of unstabilized soil shall be:

(1) Temporarily stabilized as soon as practicable but in all cases within 45 days of initial disturbance, unless a shorter time is specified by local authorities, the construction sequence approved as part of the issued permit, or an independent monitor; and

(2) Permanently stabilized as soon as practicable but in all cases within 3 days of final grading.

(b) Subject to (c) and (f), below, the area of unstabilized soil shall not exceed 5 acres at any time.

(c) The department shall authorize an applicant to disturb more than 5 acres at one time if the applicant:

(1) Submits documentation that the required areas of earth cuts and fills are such that an area of disturbance of 5 acres or less would unreasonably limit the construction schedule;

(2) Submits a construction sequence plan, developed by a qualified engineer or a CPESC specialist; and

(3) Employs an environmental monitor during construction.

(d) Subject to (e), below, the environmental monitor shall:

(1) Inspect the project site at least once each week from the start of terrain alteration activities until all terrain alteration activities are completed and the site is stabilized;

(2) In addition to regular weekly inspections, inspect the project site during any rain event in which 0.5 inch of precipitation or more falls within a 24 hour period, provided that if the environmental monitor is unable to be present during such a storm, the monitor shall inspect the site within 24 hours of the rain event;

(3) Submit a written report, stamped by a qualified engineer or a CPESC specialist, to the department within 24 hours of each inspection that:

a. Describes the progress of the project, including whether all conditions of the permit are being met and, if not, which requirements are not being met;

b. If any requirements are not being met, an explanation of the corrective action(s) that will be or are being taken to bring the project into compliance with applicable requirements and the deadline by which such actions will be completed; and

c. Includes photographs of the site that are representative of the project; and

(4) Retain a copy of the report prepared pursuant to (3), above, on-site for review during site inspections by federal, state, and local officials.

(e) Routine inspection frequency may be reduced from once each week to at least once each month if either of the following conditions is met:

(1) Work has been suspended and the entire site is stabilized in accordance with Env-Wq 1505.04; or

(2) Runoff is unlikely because:

a. The ground is frozen or the site is covered with snow or ice; and

b. The project is in an area where frozen conditions are anticipated to continue for more than one month.

(f) If the site is within 50 feet of a surface water of the state, or wetlands as defined in RSA 482-A, has a grade of 25% or greater, or contains soils having an erodibility factor of 0.4 or greater, or any combination of these, the owner shall, regardless of the size of the open area:

(1) Submit a construction sequence plan, developed by a qualified engineer or a CPESC specialist;

(2) Employ an environmental monitor; and

(3) Comply with (d) and (e), above.

N.H. Admin. Code § Env-Wq 1505.03

(See Revision Note #1 at chapter heading for Env-Wq 1500) #9343, eff 1-1-09

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12342, Effective 8/15/2017, Expires 8/15/2027.

Amended by Number 41, Filed October 12, 2023, Proposed by #13758, Effective 9/28/2023, Expires 9/28/2033 (see Revision Note #4 at chapter heading for Env-Wq 1500).