SECTION 10 - DEPTH OF EXCAVATION
The maximum depth of excavation shall be a minimum of four feet above the seasonal high water table existing at the location in question before commencement of excavation. The subsurface information described above shall be derived from test pits, and verified by the Regulator or its designee.
The Regulator shall grant an exception for excavations which propose to dig within the four feet above seasonal high water table, provided the following conditions are met:
10.1 The applicant demonstrates that the proposed excavation will not adversely affect water quality by directly contributing pollution, or by increasing the long-term susceptibility of groundwater or surface water to potential pollutants;
10.2 The applicant provides a plan which depicts the proposed depth of excavation and its relation to the seasonal high water table;
10.3 The applicant provides an enforceable restriction (e.g. covenant or easement) prohibiting any future on-site subsurface sewage disposal or any other use which could contaminate groundwater; and
10.4 Where an exception is sought for excavation that will create temporary or permanent standing water, the applicant will provide adequate safety measures (e.g. grading perimeter slopes, fencing, etc.) as may be required by the Regulator.
Written notice of such exception shall be recorded in the Rockingham County Registry of Deeds, and one copy filed with the Division of Water Supply and Pollution Control, Department of Environmental Services.
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