1. (a) The repair, rehabilitation, or replacement of tier 3 stream crossings shall be limited to existing legal crossings where the tier classification is based only on the size of the contributing watershed.
2. (b) 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.

3. (c) A project shall qualify under this section only if a professional engineer certifies, and provides supporting analyses to show, that:

   1. (1) The existing crossing does not have a history of causing or contributing to flooding that damages the crossing or other human infrastructure or protected species habitat; and

   2. (2) The proposed stream crossing will:

      1. a. Meet the general criteria specified in Env-Wt 904.01;
      2. b. Maintain or enhance the hydraulic capacity of the stream crossing;
      3. c. Maintain or enhance the capacity of the crossing to accommodate aquatic organism passage;
      4. d. Maintain or enhance the connectivity of the stream reaches upstream or downstream of the crossing; and
      5. e. Not cause or contribute to the increase in the frequency of flooding or overtopping of the banks upstream or downstream of the crossing.
4. (d) Repair, rehabilitation, or replacement of a tier 4 stream crossing shall comply with Env-Wt 904.07(d).

Source. #12809, eff 12-15-19