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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

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3 DE Admin. Code 401
Notice of a public comment period of thirty (30) days on this proposed amended regulation was published in the Delaware Register of Regulations for August 1, 2013. This is the Department of Agriculture’s Decision and Order adopting the proposed amended regulations.
Acceptable Sediment Control and Stormwater Management Techniques” are equivalent/synonymous to/with both erosion and sediment control measures and forestry Best Management Practices (BMP).
Business Days are defined as any day Monday through Friday.
Buyer is defined as “any individual or firm that regularly purchases standing trees for harvest by himself or herself or a subcontractor.”
Department is the Delaware Department of Agriculture.
DFSis the Delaware Forest Service
DNREC is the Delaware Department of Natural Resources and Environmental Control.
Forest Management Activities are herein defined as practices, techniques or activities which are designed for purpose of conserving, protecting and enhancing the land as forest land over the long-term. Forest management includes but is not limited to perpetuation of tree species; improvement of trees’ and forest growth, health and vigor; protection from fire, and insects and diseases.
Forester is defined as a Forester, Senior Forester, Regional Forester, Assistant Forestry Administrator, or Forestry Administrator currently employed by the Delaware Forest Service.
Intermittent Stream with a Well-Defined Channel is a defined as a water body which is naturally occurring, and maintains a seasonal flow of water under typical climatic conditions.
Normal Rainfall is an inch of liquid precipitation in a 24 hour period.
Open Water Body is a bay, lake, or pond where water is present throughout the year. This does not include man-made water channels such as ditches.
Operator is defined as “any person that operates or exercises control over any silvicultural activity.”
Perennial Stream is defined as a water body with a well-defined channel which maintains a continuous flow of water throughout the year under typical climatic conditions. This does not include man-made water channels such as ditches.
Permittee is defined as “any individual or firm that has a Delaware Erosion and Sediment Law Notification Form and Permit that has been approved by the DFS.”
Pollution is defined as the "alteration of the physical, chemical or biological properties of any waters of the State resulting from sediment deposition that will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety or welfare or the health of animals, fish or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future source as a public water supply; or unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses."
Secretary is the Delaware Secretary of Agriculture
Shearing and Piling is defined as preparing a site for reforestation by using a crawler tractor with a shear blade, commonly known as a “K-G blade” to cut off at ground level any trees or shrubs that remain after a timber harvest. This brush and debris is then piled in rows by a crawler tractor with a root raking blade. The spacing between the rows of debris is determined on site, and tree seedlings are planted between the rows.
Silvicultural Activityis defined as "any forest management activity, including but not limited to harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation."
5.5 The Delaware Forest Service will approve, approve with modifications, or deny all applications within five (5) three (3) working days of their receipt. In cases where denial of the application is issued, the Delaware Forest Service will provide technical assistance to the landowner, buyer and/or operator to develop modification(s) necessary to bring the application into compliance.
5.9.1 All open water bodies, perennial streams, intermittent streams with a well-defined channel, and streams that have been hydrologically modified by dredging or straightening, and have no established maintenance right-of-way, shall have a Streamside Management Zone (SMZ), unless the property or a portion of the property is covered by an approved Delaware Seed Tree Law application (Title 3, Chapter 10, Subchapter V) and is located on slopes of less than three (3) percent.
5.9.2 A Streamside Management Zone shall not be required on any water bodies not specified in Section 5.9.1 as long as Best Management Practices are followed to prevent the movement of sediment and debris into the ditch. The alteration of any berm or bank, structure, or control inlet culvert in or adjacent to tax ditches, as defined by Delaware Code Title 7, Chapter 41, is prohibited unless written approval from both the appropriate tax ditch managers and the Department of Natural Resources and Environmental Control (DNREC), Division of Soil and Water Conservation, Drainage Section is obtained. The use of a tax ditch right-of-way, as defined by Delaware Code Title 7, Chapter 41, as a skid trail is prohibited.
5.9.6 The remainder of the specifications for Streamside Management Zones is found in Delaware’s Forestry Best Management Practices Manual, September 1995, Document Control No. 65-01-04/95/09/01. Copies of this manual and current topographic maps are available at all Delaware Forest Service offices.
5.10 Special Consideration - Multiple Silvicultural Practices:
7.3.3 On the BMP inspection form, three categories of water quality classifications will be used: 1) no Water Quality (WQ) problem; 2) potential WQ problem; and 3) severe WQ problem. A potential WQ problem is defined as a typical problem that would cause excessive sedimentation and erosion during a normal rainfall. Examples may include undersized culverts and improper log road or deck stabilization on highly erodible soils. A severe WQ problem is defined as any silvicultural activity which is causing sediment deposition or will immediately create serious sediment deposition in a rainfall event.
7.4.11 At the conclusion of the hearing, the Secretary of Agriculture or designee may issue a Special Order within twenty (20) days from the date of the hearing. The Special Order shall describe evidence on which the Order was based. Upon issuance of a Special Order, the landowner and operator will implement specified corrective measures within a specified period of time.
Last Updated: December 31 1969 19:00:00.
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