Current through Register No. 13, March 27, 2025
(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.
(See Revision Note #1 at chapter heading for Env-Wq 1500)
#9343, eff 1-1-09