Title: US Army Corps of Engineers Regulatory Program
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2U.S. Army Corps of EngineersRegulatory Program
- Todays Agenda
- Jurisdiction
- Regulated Activities
- Exempted Emergency Activities
- Permits Mitigation
- Enforcement
- Recent Changes
3Colorado Regulatory
4Corps Regulatory Mission
Take all actions in the context of maintaining
or enhancing protection of the aquatic
environment, while focusing the Corps and
applicants efforts in areas that result in value
added for the environment. Make fair
reasonable decisions to regulated public
5Statutory Authorities
- Rivers and Harbors Act of 1899
- Section 10
- Navigable Waters
- Structures in, over, or under
- Clean Water Act of 1972, as amended
- Section 404
- Waters of the United States
- Discharges of dredged or fill material
6Clean Water Act
Purpose is to restore and maintain the
chemical, physical biological integrity of the
nations waters.
7Section 404 of the Clean Water Act
- Requires a U.S. Army Corps of Engineers permit
prior to the discharge of dredged or fill
material into waters of the United States.
8Waters of the United States
- All waters that are, were, or could be used to
support interstate commerce. - Navigable Waters (Section 10 of the RHA)
- Interstate Waters
- Colorado, S. Platte, Arkansas Rivers
- Tributaries of Interstate Waters
- Gunnison River, Cherry Creek, etc.
- Unnamed Intermittent and Ephemeral Streams
- Adjacent Wetlands
9 Section 404 Jurisdiction
- Wetlands
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11Isolated Watersnot Regulated
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15Wetlands33CFR 328.3(b)
- The term wetlands means 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.
16Wetland Functions Values
- ENVIRONMENTAL
- Water Quality
- Pollution Filter
- Sediment Removal
- Oxygen Production
- Nutrient Recycling
- Chemical Absorption
- Aquatic Productivity
- Fish Habitat
- Waterfowl Habitat
- Wildlife Habitat
- SOCIOECONOMIC
- Flood Control
- Wave Protection
- Erosion Control
- Groundwater Recharge
- Aesthetics
- Recreation
- Hunting
- Fishing
- Sight Seeing
- Education/Research
17Regulated Activities
Discharges Into Waters
18Dredged Material33 CFR Part 323.2(d)
- Material that is excavated or dredged from
waters of the United States. - (1) Discharge of dredged material is any
addition of dredged material into (including
redeposit of dredged material) waters of the
United States, excluding incidental fallback.
Includes temporary fills. - (2) Discharge of dredged material does not
include activities that involve only the cutting
or removing of vegetation above the ground.
19Fill Material33 CFR Part 323.2(e)
- (1) Material placed in waters of the United
States that has the effect of - Replacing any portion of a water of the United
States with dry land or - Changing the bottom elevation of any portion of a
water of the United States - (2) Examples of fill material include rock, sand,
soil, clay, plastics, construction debris, wood
chips, overburden from mining or other excavation
activities. Fill material does not include trash
or garbage. -
20Exempted Activities
- normal Farming activities
- Farm or Stock Pond or Irrigation ditch
construction or maintenance - Temporary Sediment Basins
- Farm, Forest, or temporary Mining Roads
- Maintenance (including emergency reconstruction)
- Subject to recapture fill must not convert a
water to a new use, change the flow or
circulation, or reduce the reach of the waters
21Ditch Maintenance
22Emergency Procedures
- Emergency
- Hazard to Life
- Loss of Property
- Immediate, Unforeseen Economic Hardship
- Corrective Measures Needed Immediately
- Division Engineer Determines Processing
Procedures - Usually Requires 24 to 48 Hours to Process
23 Corps Permit Authorizations
- Nationwide General Permits
- 3 Maintenance
- 12 Utilities
- 14 Roads
- 27 Stream Wetland Restoration
- 39 Commercial Developments
- Regional General Permits
- Standard (Individual) Permits
24 Nationwide General Permits March 19, 2007
- - Section 404(e) of the CWA
- - Permits authorize 50 classes of activities
- - General Conditions
- - Regional Conditions
- - Permits expire on March 19, 2012
25Public InterestEvaluation Factors (IPs)
- Conservation
- Economics
- Aesthetics
- Environmental Concerns
- Fish Wildlife
- Flood Damage
- Historic Cultural Resources
- Food Production
- Recreation
- Land Use
- Water Quality
- Water Supply
- Navigation
- Rare/Threatened Endangered Species
- Safety
- Energy Needs
26Mitigation
-
- 1. Avoid
- 2. Minimize
- 3. Compensate
- In that order, required on
every project!
27 ENFORCEMENT
- Unauthorized Activities (USEPA)
- Responsible parties are subject to fines
- of up to 32,500 per day of violation.
- Non-Compliance (USACE)
- Class I civil penalties may not exceed 11,000
per violation, except that the maximum amount of
any Class I civil penalty shall not exceed
27,500. Penalty may be pursued in conjunction
with a compliance order for restoration and/or
mitigation.
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29Where arewe now??
- SWANCC
- Arid Manual
- New NWPs
- Rapanos
- ORM2
30How Can We Work Together?
- Identify Waters Advance plan/Early
Coordination - Develop Environmentally Use Professionals
31Colorado U.S. Army Corps of Engineers
- Denver, CO Grand
Junction, CO - 9307 S. Wadsworth
400 Rood Ave, 142 - Denver, CO 80128
Grand Junction, CO 81501 - 303-979-4120
970-243-1199 979-4120 - Pueblo, CO Durango,
CO - 200 S. Sante Fe Ave, 301
799 E. 3rd St., 2 - Pueblo, CO 81003
Durango, CO 81303 - 719-543-9459
970-375-9506 -
Frisco, CO -
P.O. Box 607 -
Frisco, CO 80443 -
970-668-9676 - Web Page
http//www.usace.army.mil
32Thanks for your time!