attachment-2-rfb-dncr-2026-10.pdf

The State of New Hampshire

Department of Environmental Services

Robert R. Scott, Commissioner www.des.nh.gov

29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095 NHDES Main Line: (603) 271-3503 • Subsurface Fax: (603) 271-6683 • Wetlands Fax: (603) 271-6588

TDD Access: Relay NH 1 (800) 735-2964

May 02, 2025

NH DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

ALEXIS RUDKO

172 PEMBROKE ROAD

CONCORD NH 03301

Re: Approved Standard Dredge and Fill Wetlands Permit Application (RSA 482-A)

NHDES File Number: 2024-03607 Subject Property: White Mountain National Forest, Chatham, Tax Map/Block/Lot(s): 004/no block/10

Dear Applicant:

On May 02, 2025, the New Hampshire Department of Environmental Services (NHDES) Wetlands Bureau approved the above-referenced Standard Dredge and Fill Wetlands Permit Application. Enclosed please find Wetlands Permit # 2024- 03607 to remove two existing deteriorating bridges conveying Corridor 19, a US Forest Service Road and snowmobile trail, over Langdon Brook and an unnamed tributary. Construct two new bridges spanning the two tier 2 streams from beyond top of bank and in uplands. Permanently impact 179 square feet (SF), including 52 linear feet (LF), of the stream beds and 178 LF of associated banks of Langdon Brook and an unnamed tributary for the removal of the existing stacked stone abutments and the restoration of the streams. Temporarily impact 779 SF of the two stream beds for dewatering restoration. Permanently impact 913 SF and temporarily impact 437 SF of palustrine forested wetlands for the removal of the bridge abutments and grading to connect with the restored stream channels. The permittee shall notify the department in writing at least one week prior to commencing any work under this permit and shall file a notice of completion of work and certificate of compliance with the department within 10 working days of completion of the work authorized by this permit.

This permit is not valid unless signed by the permittee and the principal contractor, if any, who will build or install the project. Prior to start of construction, a copy of this permit shall be posted in a secure manner in a prominent place at the site of the approved project. It shall remain posted until the project is completed. Transfer of this permit to a new owner shall require notification to, and approval of, the NHDES. This permit does not convey any property right, nor does it preclude the need to meet any other applicable state, federal, or municipal legal requirements.

In accordance with RSA 482-A:10, RSA 21-O:14, and Rules Ec-Wet 100-200, any person aggrieved by this decision may file a Notice of Appeal directly with the NH Wetlands Council (Council) within 30 days of the decision date, May 02, 2025. Every ground claiming the decision is unlawful or unreasonable must be fully set forth in the Notice of Appeal.

Only the grounds set forth in the Notice of Appeal are considered by the Council. Information about the Council, including Council Rules, is available at https://www.nhec.nh.gov/wetlands-council/about. For appeal related issues, contact the Council Appeals Clerk at (603) 271-3650.

This approval is based on the following findings:

1. The bridge replacement and stream restoration project is publicly funded and executed and therefore qualifies for a Project-Type Exception as outlined in Env-Wt 407.04.

2. This is classified as a minimum impact project per Rule Env-Wt 525.05(a), as the project meets all of the criteria for a restoration/enhancement project.

http://www.des.nh.gov/ https://www.nhec.nh.gov/wetlands-council/about

File # 2024-03607 May 2, 2025 Cover Letter Page 2 of 2

3. The restoration project meets all of the design and construction requirements listed in Env-Wt 525.04, and has been designed to restore the functions of Langdon Brook and the unnamed tributary in the following ways:

a. eliminate the constriction at the crossing locations.

b. improve the hydraulic capacity.

c. decrease velocities and associated scour.

d. enhance geomorphic compatibility.

e. improve stream channel conditions.

4. The ordinary high-water line (OHWL) and location of the top of bank (TOB) for the project streams are the same due to their being high-gradient freestone streams.

5. Per Rule Env-Wt 311.06(h), the municipal conservation commission did not provide comments on the proposed project.

If you have any questions, please contact me at Amanda.L.Barker-Jobin@des.nh.gov or (603)271-6909.

Sincerely, Amanda L. Barker-Jobin Wetlands Permitting Specialist, Wetlands Bureau Land Resources Management, Water Division

Enclosure

Copied: Derek Ibarguen, White Mountain National Forest Chris Fournier, HEB Engineers, Inc.

Chatham Municipal Clerk/Conservation Commission

The State of New Hampshire

Department of Environmental Services

Robert R. Scott, Commissioner www.des.nh.gov

29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095 NHDES Main Line: (603) 271-3503 • Subsurface Fax: (603) 271-6683 • Wetlands Fax: (603) 271-6588

TDD Access: Relay NH 1 (800) 735-2964

WETLANDS PERMIT 2024-03607

NOTE CONDITIONS

PERMITTEE: NH DEPARTMENT OF NATURAL AND CULTURAL RESOURCES

ALEXIS RUDKO

172 PEMBROKE ROAD

CONCORD NH 03301

PROJECT LOCATION: WHITE MOUNTAIN NATIONAL FOREST, CHATHAM

Tax Map/Block/Lot(s): 004/no block/10

WATERBODY: LANGDON BROOK/UNNAMED TRIBUTARY

APPROVAL DATE: MAY 02, 2025 EXPIRATION DATE: MAY 02, 2030

The New Hampshire Department of Environmental Services’ (NHDES) review of permit application 2024-03607 has found that it is consistent with RSA 482-A. NHDES hereby issues this Wetlands Permit authorizing the impacts described provided the Conditions imposed are met. To validate this Permit, the Permittee and the Principal Contractor are required to sign below.

PERMIT DESCRIPTION:

Remove two existing deteriorating bridges conveying Corridor 19, a US Forest Service Road and snowmobile trail, over Langdon Brook and an unnamed tributary. Construct two new bridges spanning the two tier 2 streams from beyond top of bank and in uplands. Permanently impact 179 square feet (SF), including 52 linear feet (LF), of the stream beds and 178 LF of associated banks of Langdon Brook and an unnamed tributary for the removal of the existing stacked stone abutments and the restoration of the streams. Temporarily impact 779 SF of the two stream beds for dewatering restoration. Permanently impact 913 SF and temporarily impact 437 SF of palustrine forested wetlands for the removal of the bridge abutments and grading to connect with the restored stream channels.

THIS PERMIT IS SUBJECT TO THE FOLLOWING PROJECT-SPECIFIC CONDITIONS:

1. In accordance with Env-Wt 307.16, all work shall be done in accordance with the approved plans by HEB Engineers, Inc. dated December 3, 2024, with revisions through April 4, 2025, as received by the NH Department of Environmental Services (NHDES) on May 2, 2025.

2. In accordance with Env-Wt 307.03(b), all work, including management of soil stockpiles, shall be conducted so as to minimize erosion, minimize sediment transfer to surface waters or wetlands, and minimize turbidity in surface waters and wetlands using the techniques described in Env-Wq 1505.02, Env-Wq 1505.04, Env-Wq 1506, and Env-Wq 1508; the applicable BMP manual; or a combination thereof, if the BMP manual provides less protection to jurisdictional areas than the provisions of Env-Wq 1500.

3. In accordance with Env-Wt 307.03(f)(1), a cofferdam or other turbidity control shall be used to enclose a dredging project conducted in or along the shoreline of a bog, marsh, lake, pond, stream, river, creek, or any other surface water, provided that a coffer dam shall not be installed during periods of high flow.

4. In accordance with Env-Wt 307.03(f)(2), a coffer dam or other turbidity control shall be removed after work within the coffer dam or other turbidity control is completed, the contained water has returned to background clarity, and when removing the structure will not cause or contribute to a violation of Env-Wt 307.03(c)(6).

http://www.des.nh.gov/

Permit Page 2 of 3

5. In accordance with Env-Wt 307.03(a), no activity shall be conducted in such a way as to cause or contribute to any violation of surface water quality standards specified in RSA 485-A:8 or Env-Wq 1700; ambient groundwater quality standards established under RSA 485-C; limitations on activities in a sanitary protective area established under Env-Dw

302.10 or Env-Dw 305.10; or any provision of RSA 485-A, Env-Wq 1000, RSA 483-B, or Env-Wq 1400 that protects water quality.

6. In accordance with Env-Wt 307.03(e), all exposed soils and other fills shall be permanently stabilized within 3 days following final grading.

7. All work shall be conducted and maintained in such a way as to protect water quality as required by Rule Env-Wt 307.03(a) through (h).

8. In accordance with Env-Wt 307.03(c)(4), water quality control measures shall be capable of minimizing erosion;

collecting sediment and suspended and floating materials; and filtering fine sediment.

9. In accordance with Env-Wt 307.03(c)(3), water quality control measures shall be installed prior to start of work and in accordance with the manufacturer's recommended specifications or, if none, the applicable requirements of Env-Wq 1506 or Env-Wq 1508.

10. In accordance with Env-Wt 307.03(c)(5), water quality control measures shall be maintained so as to ensure continued effectiveness in minimizing erosion and retaining sediment on-site during and after construction.

11. In accordance with Env-Wt 307.03(c)(6), water quality control measures shall remain in place until all disturbed surfaces are stabilized to a condition in which soils on the site will not experience accelerated or unnatural erosion by achieving and maintaining a minimum of 85% vegetative cover using an erosion control seed mix, whether applied in a blanket or otherwise, that is certified by its manufacturer as not containing any invasive species; or placing and maintaining a minimum of 3 inches of non-erosive material such as stone.

12. In accordance with Env-Wt 307.03(d), any sediment collected by water quality control measures shall be removed with sufficient frequency to prevent the discharge of sediment; and placed in an upland location in a manner that prevents its erosion into a surface water or wetland.

13. In accordance with Env-Wt 307.03(c)(7), temporary water quality control methods shall be removed upon completion of work when compliance with Env-Wt 307.03(c)(6) is achieved.

14. In accordance with Env-Wt 307.03(g), the person in charge of construction equipment shall inspect such equipment for leaking fuel, oil, and hydraulic fluid each day, maintain spill kits, repair any leaks, and stage and refuel equipment outside of jurisdictional areas.

15. In accordance with Env-Wt 307.10(g), subject to Env-Wt 307.10(h), in non-tidal waters, no dredging shall occur Between October 1 and March 31 for any documented occurrence of a cold water fishery or threatened or endangered fishery; or in March or April for any area that is habitat for rainbow smelt.

16. In accordance with Env-Wt 307.11(j), wetlands and surface waters shall be restored to pre-impact conditions and elevation as specified in Env-Wt 307.12(i).

17. Restoration of all temporary impacts shall meet all of the conditions listed in Rule Env-Wt 307.12(a) through (i).

18. In accordance with Env-Wt 307.12(f), if any temporary impact area that is stabilized with seeding or plantings does not have at least 75% successful establishment of wetlands vegetation after 2 growing seasons, the area shall be replanted or reseeded, as applicable.

19. In accordance with Env-Wt 307.12(g), a temporary impact area restored by seeding or plantings shall not be deemed successful if the area is invaded by nuisance species such as common reed or purple loosestrife during the first full growing season following the completion of construction; and a remediation plan shall be submitted to the department that proposes measures to be taken to eradicate nuisance species during this same period.

20. In accordance with Env-Wt 307.18(c), a report that describes the monitoring conducted and date(s) of inspections, and includes photos showing the extent of jurisdictional impacts, areas of restoration, and progress of any plantings shall be submitted to the department at the end of two growing seasons after project completion.

Permit Page 3 of 3

ANY INDIVIDUAL CONDUCTING WORK UNDER THIS PERMIT IS ADVISED OF THE FOLLOWING:

1. This permit does not preclude the need to meet any other applicable state, federal, or municipal legal requirements.

2. The permit holder is responsible for reading, and ensuring compliance with, the applicable general conditions established in Env-Wt 307.

3. This permit does not in any way authorize the take of threatened or endangered species, as defined by RSA 212-A:2, or of any protected species or exemplary natural communities, as defined in RSA 217-A:3.

4. This approval does not convey any property right. The permittee is responsible for ensuring that they have the legal authority to access the subject lands and conduct the impacts described.

APPROVED:

Amanda L. Barker-Jobin Wetlands Permitting Specialist, Wetlands Bureau Land Resources Management, Water Division

THE SIGNATURES BELOW ARE REQUIRED TO VALIDATE THIS PERMIT (Env-Wt 314.01).

PERMITTEE SIGNATURE (required) PRINCIPAL CONTRACTOR SIGNATURE (required)