Section Env-Wt 526.02 - Approval Criteria for Dam Projects In addition to meeting all applicable criteria established elsewhere in subtitle Env-Wt, the applicant for a permit under RSA 482-A for a C/M/R project shall demonstrate that the project meets the following criteria:
(a) For a project to repair, replace in kind, reconstruct, or modify a dam: (1) The dam is an existing legal structure; and(2) There will be no significant expansion or increase in the level of impounded water as a result of the project; (b) No flooding or de-watering associated with the C/M/R project will permanently destroy native hydrophytic vegetation or aquatic habitat of finfish, crustacea, or wildlife;(c) Existing aquatic organism passage and stream flow will be maintained during and after construction at appropriate times to allow migration of fish and aquatic organism passage, if practicable;(d) Any new dam on a watercourse that is subject to Env-Wq 1900 relative to in-stream flows will be designed and constructed to provide a means of maintaining minimum flows;(e) For a project to construct a dam where no dam currently exists, if a permit under RSA 482 and Env-Wr 100 et seq. is required but has not been issued, the application for such permit has been filed; and(f) The C/M/R project will not permanently impound, convert, or drain any PRA.N.H. Admin. Code § Env-Wt 526.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029.