Section Env-Wt 904.08 - Repair, Rehabilitation, or Replacement of Tier 1 or Tier 2 Existing Legal Crossings(a) Repair, rehabilitation, or replacement of a tier 1 or tier 2 stream crossing shall be limited to stream crossings where: (1) The contributing watershed is as specified for the tier; and(2) The certification specified in (b), below is provided.(b) A project to repair, rehabilitate, or replace a tier 1 or tier 2 crossing shall qualify under this section only if a professional engineer certifies that: (1) The existing stream crossing does not have a history of causing or contributing to flooding that damages the crossing, other human infrastructure, or protected species or habitat, or any combination thereof; and(2) The proposed stream crossing will: a. Meet or exceed the general criteria specified in Env-Wt 904.01;b. Maintain or enhance the hydraulic capacity of the crossing;c. Maintain or enhance the capacity of the crossing to accommodate aquatic organism passage, or both;d. Maintain or enhance the connectivity of the stream reaches upstream or downstream of the crossing, or both; ande. Not cause an increase in the frequency of flooding or overtopping of banks upstream or downstream of the crossing, or both.(c) Rehabilitation of a culvert or other closed-bottom stream crossing structure pursuant to this section may be accomplished by concrete repair, slip lining, cured-in-place lining, or concrete invert lining, or any combination thereof, except that slip lining shall not occur more than once.N.H. Code Admin. R. Env-Wt 904.08
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 46, Filed November 12, 2020, Proposed by #13124, Effective 10/23/2020, Expires 10/23/2030.