1-10-22 - Laserfiche WebLink

Browse Search

-2- ditch is aconstructed, or excavated channelused to convey surface water flow. When originally constructed, the ditch neither relocated a tributary, nor was constructed in a tributary, nor was constructed in adjacent wetlands. Therefore, the ditch meets the 33 CFR 328.3(b)(5) ditch exclusion. As such, the discharge of dredged and/or fill material into and/or any work in or affecting the subject site does not requires a Department of the Army (DA) permit. Areas of Federal Interests (federal projects, and/or work areas) may be located within this proposed project area. Any activities in these federal interest areas would also be subject to federal regulations under the authority of Section 14 of the Rivers and Harbors Act (aka Section 408). Section 408 makes it unlawful for anyone to alter in any manner, in whole or in part, any work (ship channel, flood control channels, seawalls, bulkhead, jetty, piers, etc.) built by the United States unless it is authorized by the Corps of Engineers (i.e., Navigation and Operations Division). The AJD form included herein identifies the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for this request. This jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. This letter constitutes an AJD for this subject site and is valid for 5 years from the date of this letter unless new information warrants a revision prior to the expiration date. If you object to this AJD, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeals Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination, you must submit a completed RFA form to the Southwestern Division Office at the following address: Mr. Jamie Hyslop Administrative Appeals Review Officer (CESWD-PD-O) U.S Army Corps of Engineers, Southwest Division 1100 Commerce Street, Suite 831 Dallas, Texas 75242-1317 Telephone: 469-487-7061; Fax: 469-487-7199 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete; that it meets the criteria for appeal under 33 CFR Part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP; noting the letter date is considered day 1. It is not necessary to submit an RFA form to the Division office if you do not object to the determination in this letter. If you have questions concerning this matter, please reference file number