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Overview of Regulatory Programs for Aquatic Environment Protection

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This guide details the goals and statutory authorities of federal regulatory programs aimed at safeguarding the aquatic environment. It outlines the requirements of the Rivers and Harbors Act and the Clean Water Act, including the need for permits for construction and fill activities in navigable waters and wetlands. Emphasis is placed on timely decision-making, minimizing impacts on aquatic ecosystems, and engaging with various agencies during the permitting process. Key procedures and criteria for application, including individual and general permits, are highlighted to ensure compliance with environmental regulations.

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Overview of Regulatory Programs for Aquatic Environment Protection

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  1. REGULATORY PROGRAM

  2. Goals of the Regulatory Program • Protect the Aquatic Environment • Fair, Flexible, and Efficient • Make Decisions in a Timely Manner

  3. Federal Statutory Authorities • Section 10 of the Rivers and Harbors Act • 1899 • Permits for activities in navigable waters • Protect navigation • Section 404 of the Clean Water Act • 1972 • Permits for fill activities in waters • Maintain biological, chemical, and physical integrity of waters

  4. Section 10 of the Rivers and Harbors Act of 1899 • Navigable Waters – explicitly defined and listed; different than state definition and even other federal definitions. • Regulates all construction activities in navigable waters (piers, docks, dredging, filling).

  5. OOPS! Navigation Safety is one important criteria in Section 10 application reviews

  6. Section 10 - Navigable Water of the U.S. Permits needed for ALL work in navigable waters

  7. Marinas

  8. Piers and docks Rock on shore dredging BOAT RAMP

  9. Section 404 of the Clean Water Act • Corps Administers Program with oversight by • EPA • Corps rules at 33 CFR 320 et seq. • EPA rules at 40 CFR 110, 122.2, 230 et seq. • Permits required for discharges of dredged or • fill material into waters of U.S., including • wetlands

  10. Types of Work Requiring a 404 Permit • Discharges for: • Bank stabilization • Utility lines • Road crossings • Building pads

  11. USING ROCK TO STOP EROSION

  12. Landscaping the shoreline for aesthetics

  13. DITCHES Some canals and ditches are waters of U.S.

  14. Idaho Wetlands

  15. The Clean Water Act Definition for Wetlands Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in a saturated soil condition This generally includes swamps, marshes, bogs, fens, and similar areas.

  16. Three Interrelated Parameters Water is the driving force WATER Plants Soils

  17. How do I know if this is a wetland?

  18. How Do I Know if the Work Site or My Property is a Wetland? • Hire a consultant (may want the Corps to review their work). • Ask the Corps (you may have a wait due to current workload and prioritization).

  19. Application Process • Contact Federal, State and Local agencies. The Corps and IDWR and Lands have combined their application forms into a JOINT APPLICATION and work to conduct simultaneous reviews. • Seek onsite inspections and pre-application meeting with the several agencies.

  20. Application Process Each application is reviewed to determine: • If additional information is needed • If a permit is required • What type of permit is available – individual or general

  21. Corps of Engineers Permits • Individual Permits • Complex projects with large impacts • Public Notice • Public Interest Review • General Permits (Nationwide and Regional) • Activities with minor impacts • Faster review and approval

  22. General Evaluation Criteria • Purpose and Need • Alternatives Analysis • Public Interest Review • Environmental Analysis • Economic Analysis • Mitigation

  23. Purpose and Need Example SITUATION: I want to build a house on property, but need to cross a creek and wetlands to access the site. Submit Joint Application for fill in wetlands and culvert/bridge over creek. PURPOSE: Access proposed building site. NEED: Build a home. Corps evaluates both purpose and need in review process and may render conclusions contrary to applicant’s.

  24. Key Issues for Permitting You must show that you have: • Taken steps to avoid wetland impacts • Minimized potential impacts to wetlands • Provided compensation for unavoidable impacts by creating or restoring wetlands

  25. Agency Involvement • U.S. EPA • U.S. Fish and Wildlife Service • NOAA Fisheries • Natural Resources Conservation Service • Native Americans (Tribes) • State natural resource agencies • State historic preservation officer • Tribal historic preservation officers • Local agencies

  26. Name Project Location Description Info needed to determine permit type

  27. Date Neighbors Signatures

  28. General Permit Process • Nationwide Permits and Regional Permits • Authorize categories of activities that are: • Similar in nature • Have minimal adverse effects • Most activities authorized by General Permits allow landowner to proceed with project if terms and conditions are met • Average time – 22 days

  29. Nationwide Permits • Maintenance Activities • Bank Stabilization • Road Crossings • Buried Utility Lines • Minor Discharges (less than 25 cubic yards) • Wetland and Riparian Enhancement • Total of 43 Nationwide Permits (revised 2002)

  30. Key Issues for Permitting You must show that you have: • Taken steps to avoid wetland impacts • Minimized potential impacts to wetlands • Provided compensation for unavoidable impacts by creating or restoring wetlands

  31. Avoidance • Why is Avoidance Important? • To reduce impacts to waters. • To reduce regulatory delays and costs. • It may be required by Corps.

  32. Examples of Avoidance • Chose Another Location with Less Impacts • Use Different Technology • Bridge Rather Than Culvert • Make Fill Smaller • Change Sequence of Construction to Lessen Impacts • Use One Workpad Instead of Two

  33. USING BRIDGE INSTEAD OF CULVERT

  34. If it is impossible to Avoid, then Mitigate Mitigation must be… • practicable • appropriate to scope and degree of impacts • designed to offset impacts to waters • On-site • Off-site • provided by permittee

  35. Some Mitigation Options • Mitigation Banks • Business venture • In Lieu Fee Programs • Conservation group, local or state government

  36. EXAMPLE OF ONSITE REPLACEMENT COMPLETE RELOCATION OF CREEK AND FLOODPLAINS

  37. What is a Complete Application? • A complete application will have all the information reviewer needs to make a decision. The “minimum” is usually described in regulation. Often more information is requested: • To clarify impacts • To satisfy other regulations and laws • To require mitigation or to ensure mitigation will be successful.

  38. Why should I care if the application is complete? • It is needed before a decision can be made; • Thus, it will result in a quicker decision; • And it should provide for a better decision.

  39. What are Acceptable Drawings? • Clearly identify waters of the U.S. • Clearly identify areas of work and fills of waters of the U.S. • Must be reproducible black and white • Should be 8½ inch by 11 inch

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