Clean Water Act news

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Clean Water Act news
Place of Publication:
Savannah, GA
U.S. Army Corps of Engineers, Savannah District, Regulatory Division
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Subjects / Keywords:
Periodicals; Wetlands; Wetland conservation; Wetland ecology; Wetland restoration;
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General Note:
Clean Water Act News, Savannah District;
General Note:
General Note:
United States. Army. Corps of Engineers. Savannah District;

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University of Florida
Holding Location:
University of Florida
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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 )

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Savannah District, Regulatory Division J une 2009 Vo l ume 1, Issu e 3 rn;m Clean Water Act News '10;;;;;;;;;;;;;;;;;",<); Regulatory explores optio n s to expedite permit process Savannah Dist rict, R egulatory re ceived $617,600 in stimulus funds, under the American Recovery and Reinvest ment Act (ARRA), to develop and imple ment different initiatives that create jobs and assist in economic recovery. In addition to advertis ing two regula tory project manage r positions one in Savannah and another in Morrow we have proposed the issuance of several Regional General Permits (RGPs) to streamline the pennit process as a way to further the basic goals of the ARRA while also ensuring compliance with the Clean Water Act (CWA) and the National Envi ronmental Policy Act (NEPA) Only after w e confirm t hat a ll re

Regulatory Overview The United States Anny Corps of Engineers (USACE) Regulatory Program has been regulating specific activities within our nation's waters since 1899_ First, we had the authority to regulate only navigable waters, and in the 19705 our jurisdiction expanded to include all waters of the United States (US) We have authority to regulate: Transportation of dredged ma t erial for the p urpose of ocean disposal Discharges of dredged or fill material into waters ofthe US Structures or work in or affecting navigable waters of the US Section 103 o/the Marine Protection, Re search and Sanctuaries Act of 19T-! Section 404 oftheCWA Ofl972 Section 10 of the RHA oj 1899 In the State of Georgia, the r e are 59,000 square miles of land, with 25,000 linear miles of waters and 5 5 million acres of \ ... et l and. The Savannah District is responsible for ing all F ederal regulatory actions in Georgia. We have 35 staff members located across the s t a t e Our main office is located in Savannah, and our field offices are in Albany, Buford and Morrow. It is estima t ed that our program affects more than S6.2 billion of construction work annually. What waters arc jurisdictional? In accordance with the la t est guidance regarding the Supreme Court decision i n Rapanos and Carabell (2006) and the llth Circuit Court sion in McWane [2007], the following wate r s are tional: Traditional navigable waters (TN\iVs) and wet l ands cent to those waters; Tributaries to TNWs and wetlands adjace n t to those wa ters that have a demonstrated significant nexus with that TNW; All interstate waters including interstate wetla nds; All impoundments of wa t ers otherwise defined as waters of the US; and All other waters that have a demonstrated nexus to inter state or foreign commerce. Wetlands are defined as 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 typ i cally adapted for life in saturated soil condi tions Wetlands can be classified using the 1987 Wetland De lineation Manual o r a Regional Supplement to the Manual. The coastal plain is covered in the Atlantic and Gulf Coastal Plain R egional Supplement, which is available at http:// el.erdc The Pied mont and moun t ains will be addressed in the Eastern Moun tains and P iedmont Regional Supplement, which should be available next fall. Additional information is available at l /CECW /Pages!res-supp.aspx. Is an approvedjurisdictionai determination (JD) re quired? No, we encourage applicants to use our new e xpa nded preliminary JD form, which indicates that all waters on the site may be juri sdictional. Where the applicant provides a formal surveyor GPS exhibit identifying all onsite waters, including .... etiands, we \-:ill verify the delineation an d use that delineati o n to support the application and pemlit process. We have specifi cally developed this JD form to reduce the t ime associated \-:ith the processing of an a pp roved JD while ensuring that we still provide defensibility, certainty and transparency. Furthermore, if a request is submitted without stating what type of J D should be performed, we ,-:ill process the request as an expanded liminary JD. Expanded preliminary JDs a r e not appealable ac tions To appeal a JD, you must first request, in writing, that an approved JD be performed for the site. Then, you may appeal the approved JD. Additional guidance is available at: http!! mil/News .htm Permits: what are my options? For minor discharges that result in minimal impacts on aquatic resources, work typically can be covered under a general permit, including nationwide and regiona l p ermi ts. Some work (e .g., dock repai r s/enhancements) can be covered under a letter ofpemlission, where impacts are minimal and the pl"Oject is noncontroversial. Other projects that may be controversial and result i n moderate to high impacts on aquatic resources would require a standard individual permit. Gene ral permits can be processed usually in 45-60 days, whereas an indi vid ual permit could be processed in 120 days. 'What type of mitigation can b e completed to support a permit action? I n ac co rdance with Army/EPA Mit iga tio n R ule (2007), general mitigation preferences for DA permitted projects are as follows: (1) USACE-appl"Oved banks, (2) in-lieu fee p r ograms, and (3) site specific mitigation. Mitigation requi r e ments a r e outlined at : ECW/ Pages/finaI3mr.aspx. Additional local guidance for establishing and operating banks and establishing fee programs will b e available soon at: http://ww.v sas .htm D1STRICf CUSTOMER SURVEY BE FOUND AT: http://regulatory /


Regulatory Celebrates Earth Day 2009 Regulatory's own Mark Padgett, Sarah Von Waldner & Katie Knowles COL Kertis enjoying the day out of the office Photographs were taken at Forsyth Park and at Georgia Southern University (GSU) Campus 3


Distric t Offices ALSAi"l' FIELD OFFICE 1104 N. WESTOVER BLVD UNIT 9 ALBAI'\'Y ,GA 31707 1-229-4308 5 66/67 SAVANNAH DISfRICf OFFICE COASTAL BRANCH OFFICE ATTN: CESAS-RD 100 W. OGLETHORPE AVE P.O. Box 889 SAVANNAH, GA 31402 1-800-448-2402 Lru'l'IER FIELD OFFICE ATTN: CESAS-RO-P P .O. Box 528 BUFORD. GA 30515 1-770-904-23 6 5 PIEDMOi\'T BRANCH OFFICE A1TN: CESAS-RD-P 1590 ADAMSON PARKWAY, S U ITE 200 MORROW, GA 30260 1-678-422-2731 Do you know your Regulatory Staff? tOl,t:Il3:"",,,-.... l Nr.l ::If:'; o:!>: :.k\'. om,.. DC<>oo