U.S. Army Corps of Engineers Regulatory Program Our Mission, Authority, Jurisdiction, and Permitting

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1 U.S. Army Corps of Engineers Regulatory Program Our Mission, Authority, Jurisdiction, and Permitting Laban C. Lindley Team Leader Indianapolis Regulatory Office Louisville District January 9, 2018 US Army Corps of Engineers

2 USACE Regulatory Mission To protect the Nation s aquatic resources, while allowing reasonable development through fair, flexible, and balanced permit decisions. Purpose Protect Navigation Rivers and Harbors Act of Restore and maintain the physical, chemical, and biological integrity of the Nation s aquatic resources. Clean Water Act of Allow reasonable use of private property, infrastructure development, and growth of the economy. 2

3 Section 10 Rivers and Harbors Act Requires authorization for any structure or work in, over, under, or affecting the course, location, or condition of any navigable water of the United States. Structure: any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, riprap, revetment, jetty, artificial island or reef, permanent mooring structure or vessel, power transmission line, piling, aid to navigation, or any other obstacle or obstruction. Work: any dredging or disposal of dredged material, excavation, filling, or other modification. 3

4 Section 404 Clean Water Act Requires authorization for the discharge of dredged or fill material into any waters of the U.S. (WOUS), including wetlands. Discharge of dredged material includes disposal in specified site in WOUS, runoff or overflow from an contained land disposal area, or any addition, including redeposit other than incidental fallback, of dredged or excavated material. Discharge of fill material is effect based definition: where the material has the effect of 1) replacing the any portion of a WOUS with dry land, or 2) changing the bottom elevation of a WOUS. 4

5 Section 404 Clean Water Act Fill material includes, but not limited to: earthern fill, rock, sand, soil, clay, plastics, construction debris, wood chips, mining or excavation overburden, and materials used to create any structure in waters of the U.S. Does NOT include trash or garage. 5

6 Jurisdiction Section 10 RHA - Navigable waters of the United States - those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce (33 CFR Part 329). Section 404 CWA - Navigable and non-navigable waters of the United States such as rivers, streams, creeks, tributaries, as well as many lakes, ponds, impoundments, adjacent wetlands, and the territorial seas. (33 CFR Part 328). 6

7 Limits of Jurisdiction Streams Determine Ordinary High Water Mark (OHWM), which is the line on the shore or bank established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding area. Wetlands Determine presence of all three parameters required for wetlands (hydric soils, hydrology, and dominance of hydrophytic vegetation) and delineate boundary between wetland and upland, in accordance with the Corps 1987 Wetland Delineation Manual (Technical Report Y-87-1) and appropriate Regional Supplement. 7

8 Limits of Jurisdiction 8

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10 Examples of jurisdictional streams (Waters of the U.S.) 10

11 Common work within streams Dredging/Debris/Sediment Removal May or may not be regulated depending on method (best to contact us). Construction of farm/forest roads & crossings Can be exempt if minimized and follow BMPs. 11

12 Common work within streams Stream relocation, new crossings, encapsulation or tiling. Requires a permit. Regional General Permit (RGP) in Indiana. Max limit = 1,500 linear feet (LF) <300 LF = RGP notification to IDEM only. >300 LF = notification to USACE and IDEM, and may require mitigation. 12

13 Common work within streams Bank Stabilization Usually requires permit Regional General Permit. Threshold limits and mitigation case by case, depending on method. 13

14 Common work within streams Maintenance of currently serviceable structures (eg. Culvert or bridge) Exempt if no change to character, scope, or size of original fill design. Nationwide Permit 3 for Maintenance, if minor deviations. 14

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16 Questions? Laban C. Lindley Team Leader Indianapolis Regulatory Office Louisville District Corps of Engineers 8902 Otis Avenue, Suite S106B Indianapolis, IN Louisville District Webpage: USACE Headquarters Webpage: 16