Section Env-Wt 904.05 - Tier 3 Stream Crossings(a) Subject to (b), below, a tier 3 stream crossing shall be a crossing located: (1) On a watercourse where the contributing watershed is 640 acres or greater;(2) Within a designated river corridor, unless:a. The crossing would be a tier 1 stream based on contributing watershed size; orb. The structure does not create a direct surface water connection to the designated river as depicted on the national hydrography dataset as found on GRANIT;(3) Within a 100-year flood plain;(4) In a jurisdictional area having any protected species or habitat; or(5) In a prime wetlands or within a duly-established 100-foot buffer, unless a waiver has been granted pursuant to RSA 482-A:11, IV(b) and Env-Wt 706.(b) The applicant for a project in which a stream crossing is categorized as tier 3 based solely on being in a 100-year floodplain may request that the crossing be categorized as a tier 1 or tier 2 stream crossing, as applicable based on watershed size, if the impacts to the floodplain are specifically mitigated in accordance with Env-Wt 800.(c) The applicant for a project in which a stream crossing is categorized as tier 3 based solely on being in a jurisdictional area having any protected species or habitat may request that the crossing be categorized as tier 1 or tier 2 based on watershed size, provided:(1) The applicant consults with NHB to determine whether any protected plant species or habitat would be impacted;(2) The applicant consults with NHF & G to determine whether any protected species or habitat is impacted; and(3) The NHB, NHF & G, or both, as applicable, recommend(s) such a downgrade to the department in writing.(d) A tier 3 stream crossing shall be a span structure or an open-bottomed culvert with stream simulation, not a closed-bottom culvert or pipe arch.(e) The applicant may propose an alternative design by submitting a request as specified in Env-Wt 904.10.(f) Compensatory mitigation shall not be required for: (1) Any new tier 3 stream crossing that:a. Meets the general design criteria in Env-Wt 904.01 and the tier-specific criteria of Env-Wt 904.07;b. Is self-mitigating; andc. Improves aquatic organism passage, connectivity, and hydraulics; or(2) Any replacement of a crossing that met all applicable requirements when originally installed but is in a location that results in the crossing being classified as tier 3 under these rules, provided the proposed stream crossing meets the requirements of Env-Wt 904.09. (g) Plans for a tier 3 stream crossing shall be dated and bear the signature and seal of the professional engineer who prepared or had responsibility for and approved them, as required by RSA 310-A:18.N.H. Code Admin. R. Env-Wt 904.05
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.