HP1020, LD 1387, item 2, Document Text

Amend the bill in section 1 in subsection 2 in the 2nd line (page 1, line 5 in L.D.) by striking out the following: " road"

Amend the bill in section 3 by striking out all of subsection 2-D (page 1, lines 28 to 37 and page 2, lines 1 to 10 in L.D.) and inserting the following:

‘ 2-D. Existing crossings. A permit is not required for the repair and maintenance of an existing crossing or for the replacement of an existing crossing, including ancillary crossing installation activities such as excavation and filling, in any protected natural resource area, as long as:

A. Erosion control measures are taken to prevent sedimentation of the water;

B. The crossing does not block passage for fish in the protected natural resource area; and

C. For replacement crossings of a river, stream or brook:

(1) The replacement crossing is designed, installed and maintained to match the natural stream grade to avoid drops or perching; and

(2) As site conditions allow, crossing structures that are not open bottomed are embedded in the stream bottom a minimum of one foot or at least 25% of the culvert or other structure's diameter, whichever is greater, except that a crossing structure does not have to be embedded more than 2 feet.

For purposes of this subsection, "repair and maintenance" includes but is not limited to the riprapping of side slopes or culvert ends; removing debris and blockages within the crossing structure and at its inlet and outlet; and installing or replacing culvert ends if less than 50% of the crossing structure is being replaced.’

summary

This amendment clarifies that the Natural Resources Protection Act exemption applies to all existing crossings, not just road crossings. It removes a provision in the bill that requires crossings to not block passage for aquatic organisms other than fish. It requires replacement crossings to match the natural stream grade and removes a provision in the bill that requires the stream grade to not exceed 2%. The amendment retains the provisions in the bill that require the development of a statewide aquatic conservation and restoration strategy plan. The amendment removes the provision in the bill that excludes slip-lining and invert lining from eligibility for the repair and maintenance exemption.

HP1020 LD 1387	First Regular Session - 125th Maine Legislature C "A", Filing Number H-317, Sponsored by		LR 2060 Item 2
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