Ponds created for aesthetic or other non-farming related purposes on residential or commercial property do not qualify under this exemption. A pond is only exempt to the size the farmer requires to meet normal farming operations. A large pond on a small farm could in a few years become the nucleus of a residential development plan and therefore such construction may require an individual permit.
Maintenance means the removal of accumulated debris and sediment.
Both of these determinations are judgment calls which must be made in a reasonable fashion. It could be argued that one shovelfull of material placed in waters of the U.S. would reduce the reach. Such an argument is not reasonable and would defeat the purpose of the exemption. This guidance expires 31 December 1989 unless sooner revised or rescinded.