Section Env-Wt 526.07 - Classification for Dam Modification, Repair, or Maintenance Projects(a) In-kind repair of an existing legal dam in the dry shall be a minimum impact project.(b) Repair of an existing legal dam that requires work in surface waters, banks of surface waters, or wetlands shall be a minor impact project unless: (1) The project involves removal, replacement, reconstruction, or significant modification of the dam; or(2) The project is classified as major under Env-Wt 407 based on the size of the impacts or impacts to PRAs. (c) Maintenance or repairs performed by a dam owner or the owner's authorized agent shall not require a permit if the work does not otherwise require a permit under RSA 482-A and consists of:(1) The removal of woody debris or trash blocking an inlet or outlet structure, including but not limited to beaver dam debris or flotsam such as logs, floats, dock parts, or boats;(2) The filling of cracks on the surface of the dam when the work is done in the dry;(3) The removal and replacement of stop logs, dam flash boards, or gates and valves as part of normal operations, maintenance, safety concerns, or a required dam safety schedule;(4) Repair in kind of any minor structural element such as fasteners or supports that is performed in the dry under normal operating schedule; or(5) Replacement of dislodged rocks in the dry on an existing rip-rap earthen portion of a legally existing permitted dam used to stabilize the structure.N.H. Code Admin. R. Env-Wt 526.07
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.