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Nationwide 5 Permit Summary <br />Tidal wetland: A tidal wetland is a wetland (i.e., water of the <br />United States) that is inundated by tidal waters. The <br />definitions of a wetland and tidal waters can be found at 33 <br />CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters <br />rise and fall in a predictable and measurable rhythm or cycle <br />due to the gravitational pulls of the moon and sun. Tidal <br />waters end where the rise and fall of the water surface can no <br />longer be practically measured in a predictable rhythm due to <br />masking by other waters, wind, or other effects. Tidal <br />wetlands are located channelward of the high tide line, which <br />is defined at 33 CFR 328.3(d). <br />Vegetated shallows: Vegetated shallows are special aquatic <br />sites under the 404(b)(1) Guidelines. They are areas that are <br />permanently inundated and under normal circumstances have <br />rooted aquatic vegetation, such as seagrasses in marine and <br />estuarine systems and a variety of vascular rooted plants in <br />freshwater systems. <br />Waterbody: For purposes of the NWPs, a waterbody is a <br />jurisdictional water of the United States. If a jurisdictional <br />wetland is adjacent — meaning bordering, contiguous, or <br />neighboring — to a waterbody determined to be a water of the <br />United States under 33 CFR 328.3(a)(1) -(6), that waterbody <br />and its adjacent wetlands are considered together as a single <br />aquatic unit (see 33 CFR 328.4(c)(2)). Examples of <br />"waterbodies" include streams, rivers, lakes, ponds, and <br />wetlands. <br />Page 11 <br />