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• <br />"wetlands aze waters that are located within a floodplain or hydrologically <br />interrelated during flood .events, which occur during a natural cycle within <br />riverine systems and aze driven largely by rainfall and not water of a tidal origin. <br />However, it should be noted that sheet flow over land outside a floodplain is not <br />considered a sufficient hydrologic connection... " <br />222. This policy reveals the Galveston District's unique criteria whereby overland <br />sheet flow of storm water into waters of the United States through wetlands is not a sufficient <br />hydrologic connection between wetlands and navigable waters to confer federal jurisdiction over <br />such wetlands. <br />223. By issuing this written, conclusory "policy," the Galveston District has engaged in <br />illegal rule making in violation of the APA. <br />224. The APA requires agencies to undergo formal notice and comment procedure <br />when undergoing rulemaking. 5 U.S.C. § 553. <br />225. These requirements allow the public an opportunity to comment on rules, which <br />may affect their interests. <br />226. Policies and guidance, which have the effect of law, should be considered formal <br />rules and follow proper notice and comment requirements. <br />227. A policy is a rule when it is legislative or substantive in nature. <br />228. The Galveston District's Policy No. 01-001 is a rule because it is legislative or <br />substantive in nature. <br />229. No notice of this rule was issued and no opportunity to comment was ever <br />provided to the public. <br />230. If the jurisdictional wetlands on the Bayport site were to include all of the <br />additional wetlands connected by overland sheet flow to waters of the United States, <br />29. <br />