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:

1. (a) The project is conducted in accordance with a long-term management plan designed pursuant to Env-Wq 1305.03;
2. (b) In flowing waters, harvesting is initiated only at the most upstream location of the infestation, where practicable;
3. (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;

4. (d) The project:

   1. (1) Minimizes the removal of NAV where such vegetation provides:

      1. a. Spawning, nursery, or nesting habitat for fish, zooplankton, macroinvertebrates, fish, or waterfowl; or
      2. b. Food for zooplankton, macroinvertebrates, fish, waterfowl, moose, and other water-dependent species;
   2. (2) Complies with RSA 487:15 through 25, the New Hampshire Clean Lakes Program; and
   3. (3) Uses a construction sequence that minimizes impacts to any adjacent PRAs;

5. (e) The project is not located in:

   1. (1) A PRA, except as provided in Env-Wt 407; or
   2. (2) A diverse habitat that provides nesting or foraging habitat for fish or wildlife that would be negatively impacted by vegetation removal; and
6. (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.

Source. #12805, eff 12-15-19; amd by #13124, eff 10-23-20