Citation
Clean Water Act news

Material Information

Title:
Clean Water Act news
Place of Publication:
Savannah, GA
Publisher:
U.S. Army Corps of Engineers, Savannah District, Regulatory Division
Publication Date:
Language:
English

Subjects

Subjects / Keywords:
Periodicals; Wetlands; Wetland conservation; Wetland ecology; Wetland restoration;
Genre:
newspaper ( marcgt )
newspaper ( sobekcm )

Notes

Language:
English
General Note:
Clean Water Act News, Savannah District;
General Note:
Quarterly;
General Note:
United States. Army. Corps of Engineers. Savannah District;

Record Information

Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
992713306 ( OCLC )
3114
ocn992713306

UFDC Membership

Aggregations:
Digital Military Collection

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Full Text

PAGE 1

USACE, Savannah District, Regulatory Division Inside this Issue: 1st Annual Chili Cook-off Photographs Special PN for Water Reservoirs Regulatory/NGO Workshop Aquatic Resource Profiles Regulatory Offices and Profiles Pre-Application Meetings: 2 2 3 3 4 8 a.m. 4 p m. Jan 13, Piedmont Office in Morrow. For more information, see page 3. 9 a.m. -4 p.m. Feb 10, District Office in Savannah. For more information, see page 3. Meetings By Invi ta tion Only IRT Meetings: 8 a.m. 4 p.m. Jan 14, Piedmont Office in Morrow. For more information, see page 3. 9 a.m. 4 p.m. Feb 11, District Office in Savannah. For more information, see page 3. Meetings By Invitation Only Process Tips: Coord i nate early. Communicate o fte n Clean Water Act News December 2008 VOlume 1, Issue 2 USACE &. EPA Revise Rapanos Guidance RE: CWA Jurisdiction "We are committed to protecting America's aquatic resources under the Clean Water Act and in accordance with thc recent Supreme Court decision. To ensure that we continue to make clear, consistent, and predictable juris dictional determinations, we carefully moni tored field application of the June 2006 Guid ance. Furthennore we identify and analyze problem areas and field situations lacking clarity, and we are providing additional guid ance for determining : i f a water i s a traditiona l navigable water; if a wetland is adjacent to another jurisdictional water; and the relevant reach to be considered in the evaluation," said John Paul Woodley, J r., Assistant Secretary of the Army (Civil Works). Follow ing is a summary of the points clari fied in the revised guidance : Traditional Navigable Waters (TNWs): TNWs include: Waters subject to Section 9 or 10 of the Rivers and Harbors Act, or Waters detennined to be navigablein fact under federal law by a federal court, 0' Waters that are currently being used for commercial navigation, including com mercial water-borne recreation, or Waters that have historically be en used for commercial navigation, including commercial water-borne recr ea tion; or W aters that are susceptib l e to being used in the future for commercial navigation, including commercial water-borne rec reation. Evidence of future commercial navigation use, including commercial water-borne recrea t ion mus t be clearly documented, such that, it is more than insubst antia l or speculative. Adjacent Wetlands : Wetlands will be deter m i ned adjacent if one ofthe following three criteria are satisfied: There is an unbrok e n su rface or shallow sub-surface connection to jurisdictional wa t ers Hydrologic connection ma y be intennittent. W etla nds are physica lly separated from juri sd i ctional waters by man-made d ikes or ba rri e rs, natural river benns, beach dunes, and the like. The proximity of the wetland such that the wetlands have an implied ecological interconnection with jurisdictional wa ters, where the wetlands are reasonably close to a jurisdictional water and the ecological interconnectivity is nei the r speculative nor i nsubstantial. In assess ing whether a wetland i s reasonably close to a juri s dictional water the proximity of the wetland (includ in g all parts of a single wetland that has been divided by road crossi ngs, ditches, berms, etc.) in qu es tion will be evaluated and shall not be evaluated together with other wetlands in the area. Releva nt Reach: The flow regime that best characterizes the tributary as a whol e should be used to determine if the water is relatively pennanent o r non-r e latively permanent Note: 11th Circuit has concluded that the Kennedy Standard is the sole method of determining CW Ajurisdiction in that Circuit. Relevant Reach Examples: As drawn, Segment A would be a Non-RPW Segment B would be a Non-RPW Segment C would be a RPW Segment B 1 segment
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Piedmont Office 1st Annual Chili Cook-off The Panel of Judges r--=-=-------Bill Fonferek presents 1St place trophy to Sandy Soudchantho Judge Arch Middleton Enjoying the chili! Water Reservoirs: Interim Mitigation Policy In-Draft To further clarify local mitigation requirements with respect to the recently published Mitigation Rule the Savannah District is deve l oping local guidelines to identify factors to determine what type of mitiga tion strateg i es could be used to offset impacts asso ciated ,vith water reservoir projects. Additional guidance will be provided also for detennining siting criteria and timing requirements. Compensatory Mitigation includes different measures taken to offset unavoidable imJX1cts created by a discharge of dredged and/or fill material in aquatic resources. Mitigation oon include use of mitigation banks, jn-iieufee agreements, and/or on-or off-site creation, restoration enhancement and/or preservation. Foradditiona[ information re: the rule, visit http://www.usace.army.mil/cw/cecwo/reg/ citizen .htm HQ REGULATORY UPDATES CAN BE FOUND AT: http://\\-ww.usace.anny.mil/cw/ cec\\o /reg! 2

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Local Aquatic Resource Habitats Whooping Creek, 11.5 miles long with a 35 square mile ba sin. is located in the southern region of Carroll County. Whooping Creek originates near the City of Clem and flows into the Chattahoochee River, 3.5 miles southeast of the City of Lowell. Water levels are detennined predominately by precipitation and groundwater. Common fish include sunfish, bluegill, creek chub and blackbanded darter. The natural riparian vegetation generally consists of different species of oaks, poplar and pine. In 2005, Georgia DNR identified the creek as one of 212 high priority waters based predominantly on wildlife use and landscape position. The Chattahoochee River, 430 miles long .... ith an 8,770 square mile basin, originates in the Blue Ridge Mountains, 7 miles northwest of the City of Helen, i n Union County, Georgia. The river flows in a southerly direction, along the Georgia! Alabama border until it reaches Lake Semi nole near the City of Chattahoochee, in Gadsden County, Florida. Water levels of this river system are detennined predominately by precipitation. groundwater and water re\E'a5es from Corps managed l akes. Common fisb found within this system include stocked rainbow trout. brown trout. bass, crappie and perch. In natural areas, riparian vegetation includes a mixture of oaks, pines, gums. syca more, tulip poplar and red maple. Worksho with NGOs On November 17. 2008, the Sava nn a h District held the third meet in g in a series of ongoing partnering m eetings with Non Governmenta l Organi7.a* t i ons ( NGOs). Representati ves from the Aitamaha Riverkeepe r Ogeechee* Canoochee Riverkecpcr, Satilla Riverkeepcr, Savannah Riverkeeper So uthern Environmental Law Cen te r Sierra Club, Surfrider Foundati on, The Georg i a Conserva ncy and the Georgia ONR, Environmental Protec t i on Divi s i on participat ed in t h e workshop. Morning discu ss i ons fo cused on h ow the Supreme Court Ra panos/Carabcll gu i dance has been implemented and a p plied for making j u risdictional detenninations i n the field and h ow to identify wetlands in the field accord ing to the Corps' 198 7 manual. The manual requires use of a three-parameter test to determine if the site has adequate hydro l ogy to support a dominance of hydrophytic vegetation and hydric soils. The af ternoon session was spen t in the field visit in g two disturbed sites. The first site provided an example of a wetland whe re the h ydrology has been a l tered from ongoing construct i on. The sec ond site served as an exam p le of a wet land wit h a hydric sandy soil where it i s extremely d i fficult to iden* tify the wetland boundary based sole l y on the presence of black, sandy so il. Future partnering m eetings will be held to contin u e our dialogue on wetland jurisdi ction, compliance a n d enforcement. _Silo n.GotqiI ... .. ...... SAVANNAH DISTRICf CUSTOMER SURVEY CAN BE FOUND AT: http://regulatory.usacesurvey.com/ 3

PAGE 4

District Offices Pltd:nou: BIUIdL loDin F :d d 0fIi .. &m:xd GoOf!L1 ALSAt.'N FIELD OFFICE 1104 N. WESTOVER BLVD UNIT 9 ALBA..'N ,GA 31707 1-229-4308 566/ 6 7 DlSfRlCf OFFICE ATTN, CESAS RD 100 W. OGLETHORPE AVE P.O. Box88g SAVANNAH, GA 31402 1-800-448-2402 LANIER FIELD OFFICE ATIN: CESAS-RD-P P.O. Box 528 BUFORD, GA 30515 1-770-904 2 365 PIEDMQr.."T OFFICE AITN, CESAS-RD-P 1590 PARKWAY, SUITE 200 MORROW, GA 30260 1-678-422-2731 Coa.tal3:m:h. A l bE'-,if:.:! Do you know your Regulatory Staff? Edward (Ed) Johnson has been with the Savannah District since 1984, when he began his career as an Engineer Intern in the Design Branch. Ed has worked as a Military Project Manager in Europ e and as a Project Engineer in Savannah District, Construction Division. Ed came to Regulatory in 1991, where he was responsible for reviewing alternative analysis a n d mak in g rec o mmendations to minim ize impacts to waters on proposed projects. In 1993, Ed moved to metro Atlanta as a Senior Project Manager evaluating proposed complex p rojects such as reservoirs, highways, retail developments and venues f o r the 1996 Olympics. In 2000, Ed became the Chief of what is now known as the P iedmont Branch of the Regulatory Division. Ed supervises a staff of 13, including 2 staff mem bers a t the Lake Lanier Field Office. Ed Johnson has a B.S. in Ch.il Engineering wi t h a n emphasis on structural design from Tennessee State Un i versity. Ed is married and has one son attending college. Ed believes the most enjoyable part of worki n g i n the Regulatory Division is i nteracting with customers, s taff and the public whi l e protecting and sustaining our aquatic environment. SAVANNAH DISTRICT CUSTOMER SURVEY CAN BE FOUND AT: http:// rcgu!atory.usacesurvey.com / 4