

Non-tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are part of a surface tributary system to an interstate or navigable water of the United States upstream of the point on the river or stream at which the average annual flow is less than five cubic feet per second. The area regulated by Federal, state, or local requirements to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated amount (not to exceed one foot as set by the National Flood Insurance Program) within the 100-year floodplain. That portion of the 100-year floodplain outside of the floodway (often referred to as floodway fringe). The term does not include any pollutant discharged into the water primarily to dispose of waste, as that is regulated under Section 402 of the Clean Water Act. Runoff from rainfall is the primary source of water for stream flow.Ī unit of contiguous land under one ownership that is operated as a farm or part of a farm.Īny material used for the primary purpose of replacing an aquatic area with dry land or changing the bottom elevation of a water body. Groundwater is not a source of water for the stream. Ephemeral stream beds are located above the water table year-round. The discharge of dredged material means any addition of dredged material into, including any redeposit of dredged material within, the waters of the United States.Īctivities conducted in existing wetlands or other aquatic resources that increase one or more aquatic functions.Īn ephemeral stream has flowing water only during and for a short duration after, precipitation events in a typical year. Material that is dredged or excavated from waters of the United States. Means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.

The establishment of a wetland or other aquatic resource where one did not formerly exist. A BMP policy may affect the limits on a development.įor purposes of Section 10 and Section 404, compensatory mitigation is the restoration, creation, enhancement, or in exceptional circumstances, preservation of wetlands and/or other aquatic resources for the purpose of compensating for unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. BMPs are categorized as structural or non-structural. Policies,practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development.

DEFINITION RIFFLE VERIFICATION
A written verification may contain activity-specific conditions and regional conditions which a permittee must satisfy for the authorization to be valid. If requested by the permittee in writing, the District Engineer will verify in writing that the permittee's proposed activity complies with the terms and conditions of the Nationwide Permit. Specific activities that qualify for a Nationwide Permit may proceed, provided that the terms and conditions, including regional conditions, of the Nationwide Permit are met. An adjacent wetland is jurisdictional in its entirety when a road or similar artificial structure divides the wetland, as long as the structure allows for a direct hydrologic surface connection through or over that structure in a typical year. (iv) Are physically separated from a water identified in paragraph (a)(1), (2), or (3) of this section only by an artificial dike, barrier, or similar artificial structure so long as that structure allows for a direct hydrologic surface connection between the wetlands and the water identified in paragraph (a)(1), (2), or (3) of this section in a typical year, such as through a culvert, flood or tide gate, pump, or similar artificial feature. (iii) Are physically separated from a water identified in paragraph (a)(1), (2), or (3) of this section only by a natural berm, bank, dune, or similar natural feature or (ii) Are inundated by flooding from a water identified in paragraph (a)(1), (2), or (3) of this section in a typical year (i) Abut, meaning to touch at least at one point or side of, a water identified in paragraph (a)(1), (2), or (3) of this section The term adjacent wetlands means wetlands that:
