N.H. Code Admin. R. Env-Wt 903.01

Current through Register No. 25, June 20, 2024

Section Env-Wt 903.01 - Classification of Stream Crossings and Stream Crossing Projects

(a) Stream crossings shall be classified as tier 1, tier 2, tier 3, or tier 4 as specified in Env-Wt 904.03(a), Env-Wt 904.04(a), Env-Wt 904.05(a), or Env-Wt 904.06(a), respectively.

(b) A stream crossing project shall be classified as minimum impact, minor impact, or major impact based on (e) through (g), below.

(c) The requirements for the design of a stream crossing and the information that must be submitted with the application shall be based on the tier classification of the crossing, regardless of whether the project is a minimum impact, minor impact, or major impact project, except that if a tier 3 stream crossing is downgraded to a tier 2 or tier 1 crossing pursuant to Env-Wt 904.05(b) or (c), the design and application submission requirements of the final classification shall apply.

(d) The classification of a stream crossing project as minimum impact, minor impact, or major impact shall be used to determine the fee that must be submitted with the application and how the application is processed.

(e) A project shall be classified as a minimum impact project if (f) and (g), below, do not apply, only one stream crossing is included in the project, and the sole stream crossing is:

(1) A new tier 1 stream crossing that:

a. Meets the criteria of Env-Wt 904.03(b); and

b. Impacts less than 50 LF as measured along the thread of the channel;

(2) A repair of a tier 1 or tier 2 stream crossing that meets the criteria of Env-Wt 904.08, with no size limitation;

(3) A repair of a tier 3 stream crossing that meets all criteria of Env-Wt 904.09, with no size limitation;

(4) A replacement tier 1 stream crossing that:

a. Meets the criteria of Env-Wt 904.08; and

b. Impacts less than 50 LF as measured along the thread of the channel;

(5) A tier 1 or tier 2 temporary crossing that meets all criteria of Env-Wt 904.07; or

(6) A repair of a tier 4 crossing provided:

a. The project is reviewed with department staff in a pre-design meeting;

b. The impacts are less than 3,000 SF or less than 50 LF, measured as specified in Env-Wt 407.03;

c. There are no documented occurrences of protected species or habitat; and

d. No waivers of any requirements in Env-Wt 300, Env-Wt 600, or Env-Wt 900 are needed.

(f) A project shall be classified as a minor impact project if (g), below, does not apply, and:

(1) Only one stream crossing is included in the project, and that stream crossing is:

a. A new tier 1 stream crossing for which a waiver or approval of an alternative design is being sought as specified in Env-Wt 904.03(c);

b. A new tier 2 stream crossing that meets the criteria of Env-Wt 904.04(b);

c. A repair of a tier 1 or tier 2 stream crossing that impacts less than 200 LF for which one or more waivers of the criteria in Env-Wt 904.08 are being requested;

d. A repair of a tier 4 crossing that meets all criteria of Env-Wt 904.09 and impacts less than 200 LF;

e. A replacement tier 2 stream crossing that meets the criteria of Env-Wt 904.08; or

f. Rehabilitation of a tier 1 or tier 2 stream crossing that meets the criteria of Env-Wt 904.08; or

(2) The crossing is part of a larger crossing that meets the criteria for a minor impact project specified in Env-Wt 400.

(g) A stream crossing project shall be classified as a major impact project if:

(1) The stream crossing is a new tier 3 or tier 4 crossing;

(2) The project is a repair of a tier 3 crossing or a repair of a tier 4 crossing for which one or more waivers is needed;

(3) The project is the replacement or rehabilitation of:

a. A tier 1 or tier 2 stream crossing for which one or more waivers is needed; or

b. A tier 3 or tier 4 stream crossing;

(4) The stream crossing is:

a. A temporary tier 1 or tier 2 for which waivers are needed; or

b. A temporary tier 3 or tier 4; or

(5) The crossing is part of a larger crossing that meets the criteria for a major project specified in Env-Wt 400, regardless of the tier classification of the stream crossing that is part of the project.

N.H. Code Admin. R. Env-Wt 903.01

#9714, eff 5-12-10

Amended by Volume XXXVIII Number 32, Filed August 9, 2018, Proposed by #12578, Effective 7/21/2018, Expires 7/21/2028.

Amended by Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12809, Effective 12/15/2019, Expires 12/15/2029.

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12954, Effective 12/24/2019, Expires 12/21/2029