Section Env-Wt 526.06 - Construction Classification for Dam Construction, Reconstruction, or Replacement Projects Projects shall be classified in accordance with Env-Wt 407 and the following:
(a) In-kind replacement or reconstruction of a dam that meets the size limits specified in Env-Wt 407 shall be a minimum impact project;(b) In-kind replacement or reconstruction of a dam that exceeds the minimum impact size limits but will impact less than 200 LF of surface water shoreline or banks or less than 10,000 SF of a wetlands shall be a minor impact project;(c) A significant modification to reconstruct or replace a dam that exceeds (b) above shall be a major project;(d) New construction regardless of jurisdictional impact size shall be a major project;(e) Projects shall be major projects if they impact a PRA, except as provided in Env-Wt 407, 200 LF or more of a surface water or banks of surface waters, or 10,000 SF or greater of a wetlands or bed and banks of surface waters; and(f) Placement of temporary cofferdams or other temporary water control devices constructed in flowing water or adjacent to dams in conjunction with the repair or maintenance of an existing dam shall be minimum impact projects provided they do not create permanent impacts to surface waters, bed or banks of surface waters or wetlands.N.H. Code Admin. R. Env-Wt 526.06
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, Effective 12/15/2019, Expires 12/15/2029.Amended by Volume XL Number 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.