"Notification Form and Permit" - Delaware

This Delaware-specific "Notification Form and Permit" is a document released by the Delaware Department of Agriculture.

Download the fillable PDF by clicking the link below and use it according to the applicable legal guidelines.

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Download "Notification Form and Permit" - Delaware

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Delaware Forest Service
Departmental Use
DELAWARE FOREST SERVICE
2320 S. DuPont Highway
Dover, DE 19901
Permit No. ______________________
NOTIFICATION FORM AND PERMIT
Co/Yr/Mo/#
(302) 698-4547
(800) 282-8685 (In State)
(302) 698-6287 FAX
Tract Name: ___________________________
DELAWARE’S FORESTRY PRACTICES EROSION AND SEDIMENT CONTROL (E&S) LAW AND SEED TREE LAW
I. SITE INFORMATION
A. Operator or Contractor Name:____________________________________________________________________________
Address: ____________________________________________________________________________________________
Contact Person: __________________________________________ Telephone No.: _______________________________
B. Landowner Name (as listed on title): ______________________________________________________________________
Address: ____________________________________________________________________________________________
Contact Person: __________________________________________ Telephone No.: _______________________________
C. Acres to be Harvested: ________ Total Acres of Woodland on Property: _________ County: ________________________
Location of Property (including nearest road intersection): ____________________________________________________
D.
Silvicultural Activity: (Please check all that apply.)
Clearcut
Selection Cut
Thinning
Other _____________________________________________________
(Chemical application, site prep, etc.)
E. Anticipated Start Date: (Please call when the activity begins.) ___________________________________________________
F. Harvested under a Management Plan?
Yes
No
G. Is the harvest area located in one of the Delmarva Fox Squirrel Zones?
Yes
No
II. BEST MANAGEMENT PRACTICES
It is critical that silvicultural operations are conducted in a way that will protect water quality and preserve site productivity.
Best Management Practices (BMPs) are simple common sense techniques to accomplish these goals. For a complete description of
BMPs, please refer to the Delaware BMP manual or BMP field manual. The following questions deal with water quality and BMPs.
A. Are there any water features in or bordering the harvest area?
Yes (if yes, please indicate type below)
No (skip to D.)
Pond / Lake
Stream
Ditch
Maintained Ditch
Wetland
B. Proposed Buffers: All open water features except maintained ditches must have a minimum fifty-foot wide buffer (Streamside
Management Zone). Buffers are not required on properties that are covered under the Seed Tree Law with slopes less than 5%.
Buffer Type:
No Buffer
No Cut Zone
Leave at least 60 sq. ft. BA/acre
Ditch Maintenance Road
Proposed Buffer Width (at least 50’)
C. Will any stream crossing be necessary?
Yes (if yes, please check type below)
No
Type of Crossing:
Bridge
Culvert
Bridge Mats
Other (specify): ___________________________________
Check one:
Temporary
Permanent
D. Are truck haul roads necessary?
Yes
No
Are primary skid trails necessary?
Yes
No
Check all practices that will be used on these roads or trails to reduce erosion and protect water quality:
Wooden Mats
Avoid Wet Soils
Water Bars
Wood Chips
Use Tops in Low Areas
Cross Road Drainage
Water Turnouts
Seeding
Remember to grade and close roads when finished, smooth out ruts over 12” deep, and properly store/dispose equipment fluids.
E. Other practices to be used: _________________________________________________________________________________
III. SITE MAP
Please include a site map which shows the location of the property, water features, access, landings, and the location of any buffers.
Otherwise the E&S Permit cannot be approved.
Doc. #65 01 04 01 01 02
Delaware Forest Service
Departmental Use
DELAWARE FOREST SERVICE
2320 S. DuPont Highway
Dover, DE 19901
Permit No. ______________________
NOTIFICATION FORM AND PERMIT
Co/Yr/Mo/#
(302) 698-4547
(800) 282-8685 (In State)
(302) 698-6287 FAX
Tract Name: ___________________________
DELAWARE’S FORESTRY PRACTICES EROSION AND SEDIMENT CONTROL (E&S) LAW AND SEED TREE LAW
I. SITE INFORMATION
A. Operator or Contractor Name:____________________________________________________________________________
Address: ____________________________________________________________________________________________
Contact Person: __________________________________________ Telephone No.: _______________________________
B. Landowner Name (as listed on title): ______________________________________________________________________
Address: ____________________________________________________________________________________________
Contact Person: __________________________________________ Telephone No.: _______________________________
C. Acres to be Harvested: ________ Total Acres of Woodland on Property: _________ County: ________________________
Location of Property (including nearest road intersection): ____________________________________________________
D.
Silvicultural Activity: (Please check all that apply.)
Clearcut
Selection Cut
Thinning
Other _____________________________________________________
(Chemical application, site prep, etc.)
E. Anticipated Start Date: (Please call when the activity begins.) ___________________________________________________
F. Harvested under a Management Plan?
Yes
No
G. Is the harvest area located in one of the Delmarva Fox Squirrel Zones?
Yes
No
II. BEST MANAGEMENT PRACTICES
It is critical that silvicultural operations are conducted in a way that will protect water quality and preserve site productivity.
Best Management Practices (BMPs) are simple common sense techniques to accomplish these goals. For a complete description of
BMPs, please refer to the Delaware BMP manual or BMP field manual. The following questions deal with water quality and BMPs.
A. Are there any water features in or bordering the harvest area?
Yes (if yes, please indicate type below)
No (skip to D.)
Pond / Lake
Stream
Ditch
Maintained Ditch
Wetland
B. Proposed Buffers: All open water features except maintained ditches must have a minimum fifty-foot wide buffer (Streamside
Management Zone). Buffers are not required on properties that are covered under the Seed Tree Law with slopes less than 5%.
Buffer Type:
No Buffer
No Cut Zone
Leave at least 60 sq. ft. BA/acre
Ditch Maintenance Road
Proposed Buffer Width (at least 50’)
C. Will any stream crossing be necessary?
Yes (if yes, please check type below)
No
Type of Crossing:
Bridge
Culvert
Bridge Mats
Other (specify): ___________________________________
Check one:
Temporary
Permanent
D. Are truck haul roads necessary?
Yes
No
Are primary skid trails necessary?
Yes
No
Check all practices that will be used on these roads or trails to reduce erosion and protect water quality:
Wooden Mats
Avoid Wet Soils
Water Bars
Wood Chips
Use Tops in Low Areas
Cross Road Drainage
Water Turnouts
Seeding
Remember to grade and close roads when finished, smooth out ruts over 12” deep, and properly store/dispose equipment fluids.
E. Other practices to be used: _________________________________________________________________________________
III. SITE MAP
Please include a site map which shows the location of the property, water features, access, landings, and the location of any buffers.
Otherwise the E&S Permit cannot be approved.
Doc. #65 01 04 01 01 02
IV. DELAWARE SEED TREE LAW
In the past, many forested areas were harvested without any plan for reforestation. This resulted in a loss of valuable species and greatly
reduced the value of future harvests. The Delaware Seed Tree Law is intended to reverse this trend and preserve forest land values.
A. Is the harvest area equal to or greater than 10 acres?
Yes
No
B. Does the harvest area contain 25% or more pine and/or yellow-poplar?
Yes
No
Don’t know
C. Will the land use of the property remain as forest?
Yes
No
Portion
If No, please indicate the intended future use of this property?
Agriculture
Development
Number of Acres to be Converted _________
If you answered Yes to all three of these questions, then the property qualifies for the Delaware Seed Tree Law. Please indicate
your proposed reforestation method below. If you answered No to one or more of these questions, the Seed Tree Law does not apply.
However, to protect the property’s future value, please contact a professional forester to discuss management and reforestation options.
D. Proposed Reforestation Method:
Plant Nursery Grown Seedlings
Natural Reproduction (Two years to establish, then plant seedlings if stocking is insufficient)
Seed Tree (Leave uncut for two years at least 6-8 evenly distributed trees per acre that are at least 14” D.B.H.)
V. STATEMENTS AND SIGNATURES
A. Landowner Statements: By signing below, the landowner declares that he/she holds legal title over this property, intends to use BMPS
to protect water quality, and will meet any applicable Seed Tree Law requirements by ensuring the property will be properly reforested.
“I am/we are the owner(s) of the woodlot described above. Under the provisions of Title 3, Chapter 10, Subchapter V of the Delaware
Code, I/we hereby state that I/we will reforest the woodlot as required. According to the provisions of Title 3, Chapter 10, Subchapter
VI of the Delaware Code, I/we agree to protect the water and land from erosion and sedimentation which may result from the
silvicultural activities proposed through the use of Forestry Best Management Practices as outlined in Delaware’s Forestry Best
Management Practices Manual and as approved by the Delaware Forest Service.”
Signed: ___________________________________________________________
Date: __________________________________
(Landowner)
B. Operator Statements: By signing below, the operator declares to use BMPs and work with the Delaware Forest Service to protect
water quality from erosion and sedimentation.
“According to the provisions of Title 3, Chapter 10, Subchapter V of the Delaware Code, I agree to protect the water and land from
erosion and sedimentation which may result from the silvicultural activities proposed through the use of Forestry Best Management
Practices as outlined in Delaware’s Forestry Best Management Practices Manual and as approved by the Delaware Forest Service.”
Operator agrees to contact the Delaware Forest Service when harvest is complete.
Signed: ___________________________________________________________
Date: __________________________________
(Operator/Contractor)
Please remember to include a site map with this permit.
For Delaware Forest Service Use Only
Date Received: ________________________________
Date Processed: ________________________________
E&S Law Compliance:
Approved
Approved with Modifications
Denied
Seed Tree Law:
Applies
Does not apply
Acres ___________
Watershed: __________________________________
Tax Parcel ID: ___________________________________
Approved by: ________________________________
Field Forester: ___________________________________
DEPARTMENT OF AGRICULTURE
Statutory Authority: 3 Delaware Code
Section 1101 (3 Del.C. § 1011)
Forest Service Regulations
1.0 AUTHORITY
These regulations are promulgated under the authority of Section 1011 of Title 3 of the Delaware
Code.
2.0 PURPOSE
The purpose of these amendments to the Forest Service’s Erosion and Sedimentation Control
regulations is to streamline the process for responding to potential or existing water quality problems and to
establish an enforcement scheme for dealing with operators who do not file the proper permits prior to
commencing a timber harvest. These rules and regulations apply to silvicultural operations, as defined,
being conducted on private, state, and federal lands within the State of Delaware, unless otherwise stated in
the regulations.
The intent of these rules and regulations is to ensure that silvicultural activities do not cause erosion and
sedimentation to Delaware's waters. The Delaware Forest Service has determined that timber harvests and
shearing & piling are the two silvicultural activities that pose the greatest potential for producing erosion and
sedimentation. Therefore a notification system is required for these two activities. Other silvicultural
activities, such as but not limited to, root raking, chemical application, installation and maintenance of
firebreaks, do not require prior notification but operators are to follow best management practices (BMPs) as
outlined in Delaware's Forestry BMP Manual (DE Dept. of Ag. Document #65-01-04/95/09/01)
3.0 DEFINITIONS:
3.1
Acceptable sediment control and stormwater management techniques are
equivalent/synonymous to/with both erosion and sediment control measures and forestry Best
Management Practices (BMP).
3.2
Business days are defined as any day Monday through Friday.
3.3
Buyer is defined as “any individual or firm that regularly purchases standing trees for harvest by
himself or herself or a subcontractor.”
3.4
Department is the Delaware Department of Agriculture.
3.5
DFS is the Delaware Forest Service
3.6
DNREC is the Delaware Department of Natural Resources and Environmental Control.
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3.7
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.
3.8
Forester is defined as a Forester, Senior Forester, Regional Forester, Assistant Forestry
Administrator, or Forestry Administrator currently employed by the Delaware Forest Service.
3.9
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.
3.10 Normal rainfall is an inch of liquid precipitation in a 24 hour period.
3.11 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.
3.12 Operator is defined as “any person that operates or exercises control over any silvicultural
activity.”
3.13 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.
3.14 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.”
3.15 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."
3.16 Secretary is the Delaware Secretary of Agriculture
3.17 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.
3.18 Silvicultural activity is 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."
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