A project to construct a pond shall be classified as follows:
(a) Subject to (b), below, the project shall be a minimum impact project if the following criteria are met:
- (1) The proposed project will impact less than 3,000 SF of wetlands, except that a fire pond may impact up to 10,000 SF of wetlands;
- (2) The project area contains no very poorly drained soils;
- (3) No waivers to any design requirements;
- (4) The proposed pond will not be fed by or cause outflow to any watercourse; and
- (5) The project is not located in and will not impact a PRA, except as provided in Env-Wt 407;
(b) A new wildlife pond shall be considered a minimum impact project if the following criteria are met:
- (1) The applicant meets with the technical reviewer in the department’s wetlands bureau at least 7 days prior to submitting the application;
- (2) The pond is designed by a certified wetland scientist;
- (3) The pond meets all design requirements specified in Env-Wt 519.05; and
- (4) The project’s total wetland impact does not exceed 20,000 SF;
(c) The project shall be a minor impact project if any of the criteria in (a) or (b), above, as applicable, are not met or if all of the following criteria are met:
- (1) The project area contains very poorly drained soils but does not contain more than 15% inclusions of very poorly drained soils;
- (2) The proposed pond will not be fed by or cause outflow to any watercourses;
- (3) The project is not located in a marsh or scrub-shrub wetland adjacent to a surface water;
- (4) The project will not impact a PRA, except as provided in Env-Wt 407; and
- (5) The project will impact 3,000 SF or greater but less than 10,000 SF of wetlands; and
(d) The project shall be a major impact project if the proposed project:
- (1) Will impact 10,000 SF or more of wetlands or surface waters; or
- (2) Does not meet the criteria to be a minimum impact or minor impact project.
Source. #12805, eff 12-15-19; amd by #13124, eff 10-23-20; ss by #13776, eff 10-13-23