U.S. Army Corps of Engineers

1. U.S. Army Corps of Engineers Huntington District Desiree Hann, Regulatory Specialist (304) 399-5210 www.lrh.usace.army.mil/permits/

2. Ohio Corps Boundaries

3. Outline of Topics • Authorities • Delineation of waters of the U.S. • Activities Requiring a Permit • Types of Permits • Enforcement • Other Regulatory Requirements

4. Primary Regulatory Authorities • Section 10 • Rivers and Harbors Act of 1899 Regulates structures, or work in, on, over or under navigable waters of the United States

5. Section 10 Streams in Huntington District • Ohio River • Hocking River • Muskingum River • Olentangy River • Scioto River • Tuscarawas River • Walhonding River • Little Miami River • East Fork Little Miami River • Great Miami River

6. Primary Regulatory Authorities • Section 404 • Clean Water Act of 1972 Regulates discharge of dredged or fill material into waters of the United States

7. JURISDICTION:Delineation of waters of the U.S. All waters of the United States, including but not limited to, interstate waters, tributaries, wetlands and all other waters such as intrastate lakes, rivers, streams and mudflats as described in 33 CRF 328.3.

8. Wetlands Those areas inundated or saturated by surface or groundwater at a frequency sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions

9. Wetlands are not always obvious...

10. Wetland Criteria In accordance with 1987 US Army Corps of Engineers Wetland Delineation Manual Three Parameters • Vegetation • Soil • Hydrology 1987 US Army Corps of Engineers Wetland Delineation Manual

11. Delineation of Streams on-site • Determined to be jurisdictional up to the ordinary high water mark (OHW) • Identification of flow should be made: • Perennial • Intermittent • Ephemeral

12. Field Verification • Identify all waters: • Wetlands • Streams • Ponds/Impoundments • Identify property boundaries • Flags/stakes and survey mapping

13. Avoidance of Waters • After delineating waters and receiving COE verification, avoidance of waters should be proposed if practicable. • If you cannot avoid, you must obtain a permit • If you cannot avoid, you must present minimization and compensation

14. Examples of Regulated Activities • Fill Material in Waters of the U.S. • Culverted Crossings • Rip-Rap • Temporary Fill (Cofferdams,Roads) • Bridge Abutments and Piers • Stream Relocation/Channelization • Development fill • Structures in Navigable waters

15. Types of Permits • General permits • Nationwide • Regional • Letters of Permission • Individual permits

16. New Nationwide Permits • Previous NWPs expired March 18, 2007 • New NWPs – 72 FR 11092 • Effective March 19, 2007 • Regional General Conditions for State of Ohio will be final soon • State 401 Certification has not been granted yet

17. Changes in new NWPs • 6 new NWPs: *Repair of Uplands Damaged by Discrete Events *Discharges in Ditches *Pipeline Safety Program Designated Time Sensitive Inspections and Repairs * Existing Commercial Shellfish Aquaculture Activities * Coal Remining Activities * Underground Coal Mining Activities

18. NWP changes, cont. • NWP 29 – Single and multi-family housing projects • NWP 39 – Commercial and institutional developments only • Both NWPs require submittal of PCN to the COE for all activities before work on-site begins

19. NWP changes, cont. • New General Conditions: * Single and Complete project The same NWP cannot be used more than once for the same single and complete project. * Transfer of NWP verification Terms and conditions of NWP should be transferred to new owner

20. NWP changes, Cont. • General condition 18 – Historic Properties • Information concerning Section 110(k) of the NHPA • General Condition 17 – Endangered Species • Adequate documentation must be provided.

21. Typical Nationwides • Utility lines (NWP 12) • Bank protection (NWP 13) • Linear Transportation Projects (NWP 14) • Surface mining (NWP 21) • Residential Development (NWP 29) • Temporary construction, access, dewatering (NWP 33) • Commercial / Institutional Development (NWP 39)

22. General Conditions and Limitations • Each NWP has general and specific conditions • All NWPs will have Regional General Conditions • Fills in streams and wetlands require 401 certification from the state • Individual 401 may be required

23. Individual Permit • Exceeds NWP limitations • Alternatives Analysis • Mitigation • Public Notice with opportunity for Public Hearing • EA/EIS and Decision Document • Permit Decision

24. Compliance with other Statutes • Clean Water Act – Sections 401 and 402 • Endangered Species Act • National Environmental Policy Act of 1969 • Section 106 of National Historic Preservation Act • Wild and Scenic Rivers Act

25. Enforcement • USEPA is the Lead • Restoration is the first remedy considered and encouraged • Acceptance of ATF permit application determined on case-by-case basis

26. Compliance Responsibilities • Obtain all proper permits and review conditions • Clearly identify preserved waters to avoid accidental fills • Implement BMPs prior to, during, and post construction • Immediately notify COE if cultural resources or endangered species are identified

27. Non-compliance remedies • Permit Suspension • Permit Modification • Permit Revocation • Administrative penalty • DOJ

28. Questions??? • For additional information, please contact our North Regulatory Section: (304) 399-5210