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<br />m <br /> <br />US Army Corps <br />of Engineers <br /> <br />Albuquerque District <br />P.O. Box 1580 <br />AlluQuerQue, NM 87103-1580 <br /> <br />Irrigation <br />Exemption <br />Summary <br /> <br />IRRIGATION DITCHES <br /> <br />Pursusnt to Section 404 of the Clean Water Act (33 USC 1344) and Federal <br />Regulations <33 CFR 323.4) certain dischargu ..eociated with irrigation <br />ditches have been eltellpted from requiring a Section 404 pemit. Included ,in <br />the exelllpti.?n are the construction or maintenance of farm or stockponds or <br />irrigation ditches. or the maintenance (but not the construction) of drainage <br />ditches. Discharges associated with siphons, pumps, headgates, wingwal1s, <br />weirs, diversion structures, and such other facilities as are appurtenant and <br />functionally related to irrigation ditches are included in'this exelllption. <br /> <br />A Section 404 permit is required if either of the following occurs: <br /> <br />(1) Any discharge of dredged or fill material resulting from the above <br />activities which contains any toxic pollutant listed under section 307 of the <br />Clean Water Act shall be subject to any applicable toxic effluent standard or <br />prohibition, and shall require a permit. <br /> <br />. <br />(2) Any discharge of dredged or fill material into waters of the United <br />States incidental to the above activities must have a permit if it is part of <br />an activity whose purpose is to convert an area of the waters of the United <br />States into a use to which it was not previously subject and the flow for <br />c'lrculation of waters of the United States may be impaired or the reach of <br />such waters reduced. Where the proposed discharge will result in significant <br />discernible alterations to flow or circulation, the presumption is that flow <br />or circulation may be impaired by such alteration. For example, a permit will <br />be required for the conversion of a wetland from ailvicultural to agricultural <br />use when there is a discharge of dredged or fill material into waters of the <br />United States in conjunction with construction of dikes. drainage ditches, or <br />other works or structures used to effect such conversion. A discharge which <br />elevates the bottom of waters of the United States without converting it to <br />dry land does not thereby reduce the reach of, but may alter the flow or <br />circulation of, waters of the United States. <br /> <br />If the proposed discharge satisfies &ll of the above restrictions, it is <br />automatically exempted and no further permit action from the Corps of <br />Engineers is required. If any of the restrictions of this irrigation <br />exemption will not be complied with. an individual pemit should be requested <br />using ENG Form 4345 (Application for a Department of the Army Permit). A <br />nationwide permit authorized by the Clean Water Act may be available for the <br />proposed work. State or local approval of the work may also be required. <br /> <br />/ <br /> <br />For additional information concerning exemptions. nationwide permits. or for <br />a written determination regarding a specific project, please contact Chief, <br />Regulatory Branch, Albuquerque District, O.S. Army Corps of Engineers, <br />P.O. Box 1580. Albuquerque, NM 87103-1580. telephone (505) 766-2776. <br /> <br />- -------- <br />