Except for hand removal of EAW pursuant to Env-Wt 510.03, projects to remove NAV or control EAW that do not qualify for an LSA under Env-Wt 309.01(b) shall be classified as follows:
(a) An aquatic vegetation control project shall be classified as a minimum impact project if:
- (1) The project is not located in a PRA;
- (2) The project is not located in a watercourse;
- (3) If an EAW project, the maximum area disturbed does not exceed one acre in area; and
(4) If a NAV project:
- a. The maximum area disturbed does not exceed 1,000 SF with a maximum width of 15 feet; and
- b. The project is associated with navigable non-tidal waterfront property and is required to continue access to an existing legal beach, docking facility, swim area, or community launch area;
(b) An aquatic vegetation control project shall be classified as minor impact if the project exceeds any of the criteria or conditions specified in (a), above, and:
- (1) If a NAV project, the maximum area of disturbance is less than 10,000 SF; or
- (2) If an EAW project, the maximum area of disturbance is less than 5 acres; and
(c) An aquatic vegetation control project shall be classified as major impact if the project exceeds any of the minimum impact criteria in (a), above, and:
- (1) If a NAV project, the maximum area of disturbance is 10,000 SF or greater; or
- (2) If an EAW project, the maximum area of disturbance is 5 acres or greater.
Source. #12805, eff 12-15-19