This document provides an overview of waters and wetlands regulations. It defines jurisdictional features like waters of the US, streams, and wetlands. Wetlands require three criteria: water, hydrophytic vegetation, and hydric soils. The Army Corps of Engineers regulates activities affecting these waters and wetlands under Sections 9, 10, and 404 of the Clean Water Act. Permits may be individual, general, or nationwide and require avoidance, minimization and possible compensation of impacts through wetland preservation, enhancement, creation or mitigation banking. States may also require water quality certification under Section 401.

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

67. Questions?, Comments?