Wetlands 101: Wetlands 101: Intro to Wetlands & Permitting Intro to Wetlands & Permitting Sandra Crystall, PWS Wetlands Bureau November 2009
Introduction • Wetlands protection – Why? Where? What? • Permitting process and requirements • Changes – 2009 legislative session – Rulemaking - current and future = Highlighted changes New!
Wetlands Dredge and Fill Law: RSA 482-A:1... For the Public Good • Commerce, recreation and aesthetic enjoyment. • Adequate groundwater levels. • Ability to handle the runoff of waters. • Natural ability of wetlands to absorb flood waters and silt. • Habitats and reproduction areas for plants, fish and wildlife. • Sources of nutrients for finfish, crustacea, shellfish and wildlife. • Interests of the general public.
Commercial & Economic • Timber • Fishing & Hunting • Tourism – $1.8 billion (estimated) to the NH economy from boating, swimming, fishing, public drinking water, waterfront property. – Nearly 67% is due to freshwater boating • In 2006, expenditures in NH totaled $525 million for fishing, hunting and wildlife watching, and swimming. Public Opinion Poll in the Study of Select Economic Values of New Hampshire Lakes, Rivers, Streams and Ponds - Phase III Report (2004)
Water Quality • Intercept surface runoff & shallow groundwater: – Remove or retain inorganic nutrients – Process organic wastes – Reduce suspended sediments. Piscassic River, Epping
For water-quality improvement, the location of the wetland is much more important than either the degree of wetness or the size of the wet area.
Maintain Water Supply • Wetlands: – Maintain stream flows during dry periods – Replenish groundwater
Flood Mitigation and Storage
Shoreline Stabilization • Wetlands protect shorelines against erosion. • Plants – Hold soil in place with their roots – Absorb the energy of waves – Break up the flow of river and stream currents.
Wildlife Habitat • Approximately 66% of New Hampshire’s species of greatest conservation concern are wetland- or surface-water dependent.
Swamp (Forested Wetland) Wet Meadow Less wet -Shrub Shrub Marsh More wet Scrub- Scrub
Tidal Wetlands and Waters Bogs
Vernal Pool
What Areas are Protected under RSA 482-A? • Wetlands (tidal and nontidal) • Surface waters and their banks • Other resource areas Administrative Rules: Env-Wt 100 – 800 Enforcement Rules : Env-C 614
Lakes, Streams, Rivers
Jurisdiction: From Surface Water to the Top of Bank Top of Bank • The transitional slope immediately adjacent to the edge of a surface water body, the upper limit of which is usually defined by a break in slope. High Water Mark
Other Jurisdictional Areas • Sand dunes • Upland tidal buffer zone (100 ft. beyond HOTL) • Uplands within 100 feet of prime wetlands
Municipal Land Use Regulations: Use the "Standard" Wetlands Definition When Referring to Wetlands. • 674:55 Wetlands: Wherever the term is used in regulations and ordinances... such term shall be given the meaning in RSA 482-A:2, X • 482-A:2, x - An area that is inundated or saturated by surface water water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation vegetation typically adapted for life in saturated soil soil conditions . • This definition does not include most surface waters!
Wetland Delineation “under normal circumstances” • Water at or near the surface • Hydric soils • Prevalence of wetland vegetation 1987 Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 , January 1987. 2004 v3 Field Indicators for Identifying Hydric Soils in New England 1988 USFWS National List of Plant Species That Occur in Wetlands: Northeast Region (1988)
Water at or Near the Surface...
Hydric Soils
Wetland Vegetation (Hydrophytes) • National List of Plant Species That Occur in Wetlands: Northeast Region (1988) • Wetland-indicator status indicates the species frequency of occurrence in wetlands.
www.plants.usda.gov/wetland.html
Plant Adaptations buttressed trunk shallow roots White pine in wetland
What Activities are Regulated? Dredge • Disturbance of soils in a wetland or other jurisdictional area Fill • Deposition of any material gravel, soil, trash, piles of brush, lawn clippings, manure, slash, etc. Construction • Any type of structure -- culvert, dock, shed, etc.
Some Exempt Activities in Law or Rules (Env-Wt 303.05) • Addition of native vegetation to enhance wetlands. • Clean out fire pond and intake area of dry hydrant when necessary without a permit, if pond: – Provides water for municipal firefighting purposes as approved by a local fire chief • Hand raking of leaves from shoreline (at drawdown). • Maintenance dredge of gravel-washing ponds
Some Exempt Activities: Beaver Pipes SB 124 (RSA 210:9, II ) New! .. A landowner... may destroy beaver, remove beaver dams, or install • beaver pipes or beaver fences on property under their control to protect property, public highways, or bridges from damage or submersion [with the permission of the owner of lands affected, if applicable]. • Dam removal shall be allowed without a permit if, – Machinery does not enter the water and – Filling or dredging in or adjacent to surface water, wetlands, or their banks does not occur. – Removal shall be done in a gradual manner (no sudden release of impounded water so as to cause erosion, siltation, or a safety hazard downstream.) • Beaver pipes - no more than 3 temporary structures with the widest dimension no larger than 15 inches that is placed in a beaver dam to allow water passage to maintain a specific water surface elevation • Beaver fences - posts and fencing installed at culverts in such a manner as to either encourage or discourage beaver damming against the fence.
Permit Applications and Notifications Directly to DES Through Municipal • Notification of Routine Roadway Clerk & Railway Maintenance • Standard Dredge & Fill Activities • Minimum Impact • Notification of Minimum Impact Expedited Forestry • Minimum Impact • Notification of Minimum Impact Agriculture Trails • Permit By Notification • Seasonal Dock Notification for Lakes & Ponds • Recreational Mineral Dredging • Upcoming: Utility New! Maintenance Notification
Notification to Designated River New! Local Advisory Committee (HB102) • As of July 2009, if the project is within 1/4 mile of a Designated River, the applicant must send, by certified mail, a copy of the application to the river’s Local Advisory Committee before the package goes to the Municipal Clerk. The certified mail receipt must accompany the sets of the application package that are provided to the municipal clerk. • This applies to the application types that are required to be signed by the municipal clerk. http://des.nh.gov/organization/divisions/water/w mb/rivers/lac/documents/drc_lac_contacts.pdf
Conservation Commission Review Timeframes • Standard Application: – 14 days from Town Clerk signature to request intervention – 40 days from Town Clerk signature to provide report to DES • Expedited Application: – Conservation Commission signature required before Bureau can review as expedited (otherwise reviewed as standard). Permit By Notification – Permittee can start work within 25 days of TC signature if no CC signature (or within 10 days if signed by CC).
Generalized Project Classification Scheme Minimum Minor Major < 3,000 3,000 – > 20,000 Area 20,000 (sq. ft.) <50 lf Bank Length 50 – <200 lf >200 lf T & E species; Natural Exemplary natural Heritage comm. Bureau Repair in-kind, Permanent dock; Type of Work seasonal dock work in the water Tidal wetlands, Protected Repair in-kind TBZ, prime Resource for all but wetlands and prime wetlands adjacent upland, bog, marsh
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Measuring Impacts to a Stream (rulemaking underway proposes a new approach) Intermittent stream Perennial stream Bank B Bank A 50’ 50’ of Bank A 50’ of Bank B 50’ of streambed 50’ of impact 150’ of impact
Field inspect to ensure maps and plans represent reality!
Application Requirements (Env-Wt 300 & 500) Applications vary in their requirements: • Fee • USGS map • Tax map (labeled) • Abutters' names and addresses • Photographs • Detailed plans • Address avoidance and minimization, need, and other requirements in Env-Wt 300
Avoidance and Minimization Env-Wt 302.03 • The applicant shall .... provide evidence which demonstrates that [the] ... proposal is the alternative with the least adverse impact to areas and environments under the department's jurisdiction. • To evaluate alternatives – requires applicant to define the project (i.e., need) • To determine least adverse impact -- requires applicant to assess resources on the site.
Less Impact to Shoreline More Impact to Shoreline
Is this Minimizing Wetland Impacts?
boundary property proposed location pond Pond Design wetland
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