A.
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.
