FLOOD01919

• County: Statewide
• Title: Corps of Engineers Regulatory Program
• Date: 10/1/1977
• Prepared By: US Army Corps of Engineers
• Floodplain - Doc Type: Educational/Technical/Reference Information

3

Explanation of
Some Commonly Used Terms

Certain terms which are closely associated
with the regulatory program are explained
briefly in this section, If you need more
detailed definitions, refer to the Code of
Federal Regulations (33 CFR Parts 320
through 330) or contact a Corps district
regulatory office,

Activity(ies) as used in this pamphlet
includes structures (for example a pier,
wharf, bulkhead, or jetty) and work (which
includes dredging, disposal of dredged
material, filling, excavation or other
modification of a navigable water of the
United States),
Navigable Waters of the United States are
those waters of the United States that are
subject to the ebb and flow of the tide
shoreward to the mean high water mark
and/or are presently used, or have been
used in the past or may be susceptible to
use to transport interstate or foreign com.
merce, These are waters that are navigable
in the traditional sense where permits are
required for certain activities pursuant to
Section 10 of the Rivers and Harbors Act.
This term should not be confused with the
term waters of the United States below,
Waters of the United States is a broader
term than navigable waters of the United
States defined above, Included are adjacent
wetlands and tributaries to navigable waters
of the United States and other waters where
the degradation or destruction of which
could affect interstate or foreign commerce,
These are the waters where permits are
required for the discharge of dredged or fill
material pursuant to Section 404 of the
Clean Water Act.

Pre-application Consultation is one or
more meetings between members of the
district engineer's staff and an applicant and
his agent or his consultant. A pre-application
consultation is usually related to applications

for major activities and may involve discus-
sion of alternatives, environmental docu.
ments, National Environmental Policy Act
procedures, and development of the scope
of the data required when an environmental
impact statement is required,

Public Hearings may be held to acquire
information and give the public the opportu-
nity to present views and opinions, The
Corps may hold a hearing or participate in
joint public hearings with other Federal or
state agencies, The district engineer may
specify in the public notice that a hearing
will be hela, In addition, any person may
request in writing during the comment
period that a hearing be held, Specific
reasons must be given as to the need for a
hearing, The district engineer may attempt
to resolve the issue informally or he may set
the date for a publiC hearing, Hearings are
held at times and places that are convenient
for the interested public, Very few applica.
tions involve a public hearing,

The Public Interest Review is the term
which refers to the evaluation of a proposed
activity to determine probable impacts,
Expected benefits are balanced against
reasonably foreseeable detriments, All rele-
vant factors are weighed, Corps policy is to
provide applicants with a timely and care-
fully weighed decision which reflects the
public interest.

Public Notice is the primary method of
advising interested public agencies and
private parties of the proposed activity and
of soliciting comments and information
necessary to evaluate the probable impact
on the public interest. Upon request, any.
one's name will be added to the distribution
list to receive public notices,

Waterbody is a river, creek, stream, lake,
pool, bay, wetland, marsh, swamp, tidal flat,
ocean, or other water area,