Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 305 - NATURAL RESOURCES PROTECTION ACT - PERMIT BY RULE › Section 096-305-3 - Intake pipes and water monitoring devices

Current through 2024-29, July 17, 2024
A.
Applicability
(1) This section
				applies to the installation or maintenance of a permanent water intake pipe
				which will not significantly affect the water level or flow of waters within a
				coastal wetland, freshwater wetland, great pond, river, stream or brook. This
				section also applies to the installation of a well in or adjacent to a
				freshwater wetland or adjacent to a great pond, coastal wetland, river, stream
				or brook. Allowed uses of water for the purposes of this section include a
				water supply for a single family residence and a dry hydrant. Some intake pipes
				and wells adjacent to a great pond may be exempt by law (see Note 2 at the end
				of this subsection).
(2) This
				section also applies to the installation or maintenance of a permanent device
				used to monitor water elevations, flow or quality including a gauging station,
				staff gauge, tide gauge, water recording device, water quality testing and
				improvement device or other similar scientific equipment within a coastal
				wetland, freshwater wetland great pond, river, stream or brook.
(3) 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 Storm Water Management Law,
				38 M.R.S.A. Section
				420- D, or the Natural Resources
				Protection Act, 38 M.R.S.A. Sections
				480-A to
				480- Z.
(4) This section does not apply to an
				activity that will not conform to the local shoreland zoning
				ordinance.
NOTES:
(1) Contact
				the local Code Enforcement Officer for information on local shoreland zoning
				requirements.
(2) In a great pond,
				the placement of water lines to serve a single-family house or the installation
				of cables for utilities, such as telephone and power cables, is exempt from
				permit requirements under 38 M.R.S.A. Section
				480-Q provided that the:
(a) Excavated trench for access to the water
				is backfilled and riprapped to prevent erosion;
(b) Excavated trench on the landward side of
				the riprapped area is seeded and mulched to prevent erosion; and
(c) Bureau of Parks and Lands has approved
				the placement of the cable across the bottom of the great pond to the extent
				that it has jurisdiction.
(3) A permit will be required from the US
				Army Corps of Engineers for the following types of projects:
(a) Any activity involving open trench
				excavation in a waterbody or wetland;
(b) Any activity in coastal
				waterways;
(c) Any activity within
				a river, stream or brook that takes place between October
				2 and July 14; or
(d) Any activity involving work in waterways
				designated as Essential Fish Habitat for Atlantic salmon including all aquatic
				habitats in the watersheds of the following rivers and streams, including all
				tributaries to the extent that they are currently or were historically
				accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart Stream,
				Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream, Patten
				Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap, Sheepscot,
				Kennebec, Androscoggin, Presumpscot, and Saco River.
A copy of the PBR notification and original photographs, not
				  photocopies, should be submitted to the Corps of Engineers for these activities
				  (US Army Corps of Engineers, 675 Western Avenue, Suite #3, Manchester, ME
				  04351. Tel. (207) 623-8367).