Presentation (3-9-04)
- 1. Waters & Wetlands Subject Overview and Regulations
- 2. “Jurisdictional” Features which are regulated, or protected under law
- 3. Waters of the United States • Tidal waters and adjacent wetlands • Non-tidal waters including adjacent wetlands and certain isolated wetlands. • Impoundments of waters (e.g. lakes and ponds) • Tributaries of waters
- 4. Streams AKA…creek, brook, branch, bayou, slough, ditch, etc. • Perennial Streams- contain water throughout the year • Intermittent (or Ephemeral) Streams- contain water only part of the year Both are protected under law
- 16. Definition of “Wetlands” “Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.” (Jointly defined by USACE and EPA)
- 17. What Defines Wetland? 3 Criteria • Water (hydrology) • Plants (hydrophytic vegetation) • Soils (hydric soils)
- 18. Cowardin Classification System • Adopted by the USFWS to prepare the National Wetlands Inventory (NWI) • Classified wetlands into 5 systems: – Marine – Estuarine (salt water/freshwater transition) – Riverine – Lacustrine (“lake”) – Palustrine (“forest”)
- 31. Wetland Survey and Evaluation • Wetland Assessment/Determination – General overview, professional opinion – Project planning considerations • Wetland Delineation – Collect field data – Survey and impact calculation • Wetland Functional Assessment – Rating of functions and values
- 32. Decision-Making Tools • National Wetlands Inventory maps • County/Parish soil surveys • USGS quadrangles • Floodplain maps • Infrared aerial photos most are available in digital/GIS format
- 46. U.S. ArmyU.S. Army Corps of EngineersCorps of Engineers Regulatory ProgramRegulatory Program
- 47. Rivers and Harbors Act of 1899 Sections 9 and 10 • Structures in Navigable Waters – piers, docks, oil rigs, pipelines, power transmission lines, permanently moored vessels, etc. • Work in Navigable Waters – dredging or disposal of dredged material, excavation, filling, or other modification of a navigable water
- 48. Section 404 Clean Water Act • Regulates the discharge of dredged or fill material into Waters of the U.S. – Road fills and board roads – Side-cast from channel deepening – Dikes and levees – Drill Pads – Placement of concrete or riprap for slope stabilization
- 56. Section 404 Permits • Individual Permits – Pre-application coordination meeting – Rigorous alternatives analysis – Full public interest review and public notice
- 57. Section 404 Permits (cont.) • General and Regional Permits – Issued for a category or categories of projects which are similar in nature – Activities cause minimal individual and cumulative environmental impacts – Result in avoiding unnecessary regulatory control by other agencies
- 58. Section 404 Permits (cont.) • Nationwide Permits – Activity-specific – Involve minor impacts – Require pre-construction notification (PCN) – 30-day Corps review period
- 59. Section 401 Clean Water Act State Water Quality Certification (DEQ) – May involve joint coordination with the Corps – State imposed application/review process – Often more stringent than federal guidelines – Not required for coverage under NWPs
- 60. Corps Review— Step Wise Process 1) Avoidance? 2) Minimization? 3) Compensation?
- 61. Compensation? • Preserve existing wetlands • Enhance existing wetlands • Creation • Mitigation Banking • In-Lieu Fee ratios are established for each option
- 66. What services can JCC perform? • Assessment/determination • Delineation • Functions and values assessment • Permitting • Mitigation planning • Mitigation design