1. (a) In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve an application for a permit to construct an intake structure unless the applicant also demonstrates that the following criteria are met:

   1. (1) Inflow will not lower water levels such that the habitat of finfish, crustacean, or shellfish is harmed;
   2. (2) Intake design, where intake exceeds 57,600 gallons or more in any 24-hour period at a single property or place of business, has been approved under RSA 485-C:21;
   3. (3) Inflow will not cause scouring or endanger vegetation, finfish, crustacea, shellfish, or wildlife; and
   4. (4) The structure will not endanger navigation, recreation, or commerce.

2. (b) In addition to meeting the applicable conditions established in Env-Wt 300, the department shall not approve an application for a permit to construct an outflow structure unless the applicant also demonstrates that the following criteria are met:

   1. (1) Outflow will not cause scouring or endanger vegetation, finfish, crustacea, shellfish, or wildlife; and
   2. (2) The structure will not endanger navigation, recreation, or commerce.

Source. #12805, eff 12-15-19