(a) For a project for which permittee-responsible mitigation is proposed, the applicant shall give preference to any mitigation site that:
- (1) Is located in the same HUC 12-digit watershed as the impacted jurisdictional area(s); and
- (2) Abuts land that already is subject to a conservation interest.
- (b) If a stream crossing project is not a replacement for an existing tier 3 stream crossing, the applicant may propose, as mitigation, upgrading a similar tier 2 or tier 3 stream crossing within the same watercourse or in the same town as the project.
Source. (See Revision Note at part heading for Env-Wt 803) #11000, eff 2-1-16; ss by #12808, eff 12-15-19 (See Revision Notes #1 and #2 at chapter heading for Env-Wt 800)