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<br />001985 ~!rJ
<br />
<br />Objectives of Regulation:
<br />
<br />We have worked together in an effort to develop a program that is manage-
<br />able, responsive to the concerns of protecting vital national water re-
<br />sources from destruction through irresponsible and irreversible decisions,
<br />and sensitive to the often conflicting needs and desires of people who
<br />utilize these resources.
<br />
<br />Waters Subject to Corps Jurisdiction:
<br />
<br />With respect to the coastal regions of the country, Corps jurisdiction
<br />would extend to all coastal waters subject to the ebb and flow of the tide
<br />shoreward to their mean high water mark (mean higher high water mark on
<br />the Pacific Coast) and also to all wetlands, mudflats, swamps, and similar
<br />areas which are contiguous or adjacent to coastal waters.
<br />
<br />With respect to the inland areas of the country, Corps jurisdiction under
<br />Section 404 of the FWPCA would extend to all rivers"lakes, and streams that
<br />are navigable waters of the United States, to all tributaries (primary, sec-
<br />ondary, tertiary, etc.) of navigable waters of the United States, and to all
<br />interstate waters. In addition, Corps jurisdiction would extend to those
<br />fwaters located entirely within one state that are utilized by interstate
<br />~ravelers for water related recreational purposes, or to remove fish for sale
<br />in interstate commerce, or for industrial purposes or the production of agri-
<br />'cultural commodities sold or transported in interstate commerce.
<br />
<br />"Headwaters" has been defined as the point on a stream beyond which the flow
<br />of the water body is normally less than five cubic feet per second. However,
<br />other factors, such as the volume of flow and point and nonpoint source dis-
<br />charge characteristics in the area will also be considered in determining
<br />these limits. Finally, "lakes" have.been defined to include all natural
<br />bOdies of water greater than five acres in surface area and also all bodies
<br />of standing water created by impounding any navigable water;
<br />
<br />Activities: l ).{)vd cd
<br />
<br />Again, materials resulting from normal farming, si1vaculture, and ranching
<br />activities, such as plowing, cultivating, seeding, and harvesting for the pro-
<br />duction of food, fiber, and forest products, would not fall within this term.
<br />Farm conservation practices such as terracing, check dams and landleveling
<br />.would also not be regulated unless they occur in navigable waters. In addi-
<br />tion, maintenance or emergency reconstruction of existing structures such as
<br />dikes, dams, or levees, will not be regulated.
<br />
<br />Drainage and irrigation ditches have been excluded.
<br />
<br />This would not include stock watering ponds and settling basins, other than
<br />those that result from the impoundment of a navigable water.
<br />
<br />!nc1l~<!ed J~_c_tivit !!"H:
<br />
<br />Site deve10pment/l1 fills for recreational, industrial, commercial, residential,
<br />and other uses; cllllseways or road fills; dams and dikes; artificis1 islands;
<br />property protection and/or reclamation devices such as riprap, groins, seawalls,
<br />breakwaters, and bulkheads and fills; beach nourishment; levees; sanitary land-
<br />fills; backfill required for the placement of structures such as sewage treat-
<br />
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