Section Env-Wt 510.02 - Approval Criteria for EAW Control Projects In addition to meeting the applicable conditions established in Env-Wt 300, and subject to Env-Wt 510.03, the department shall not approve a project to remove or otherwise control EAW unless the following criteria are met:
(a) The project is conducted in accordance with a long-term management plan designed pursuant to Env-Wq 1305.03;(b) In flowing waters, harvesting is initiated only at the most upstream location of the infestation, where practicable;(c) The vegetation control is done in a manner that avoids impacts that would be deleterious to fish and wildlife habitat or cause degradation of water quality;(d) The project: (1) Minimizes the removal of NAV where such vegetation provides:a. Spawning, nursery, or nesting habitat for fish, zooplankton, macroinvertebrates, fish, or waterfowl; orb. Food for zooplankton, macro invertebrates, fish, waterfowl, moose, and other water-dependent species;(2) Complies with RSA 487:15 through 25, the New Hampshire Clean Lakes Program; and(3) Uses a construction sequence that minimizes impacts to any adjacent PRAs;(e) The project is not located in: (1) A PRA, except as provided in Env-Wt 407; or(2) A diverse habitat that provides nesting or foraging habitat for fish or wildlife that would be negatively impacted by vegetation removal; and(f) All vegetation removed will be disposed of outside of jurisdictional areas using an acceptable means of disposal as listed in Env-Wq 1303.06.N.H. Code Admin. R. Env-Wt 510.02
Derived from Volume XXXIX Number 28, Filed July 11, 2019, Proposed by #12805, 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.