AQUATIC RESOURCES DELINEATION REFRESHER
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1 AQUATIC RESOURCES DELINEATION REFRESHER James Jamie Robb Wetland Specialist, Office of the Chief 12 October 2016 US Army Corps of Engineers
2 Ordinary High Water Mark (OHWM)
3 How is the OHWM characterized hydrologically? ordinary high water implies flow levels that are above average, but less than extreme, and that occur with some regularity Recurrence Interval But the OHWM is NOT associated with a specific streamflow recurrence interval (e.g., the 2-yr discharge)
4 Concepts of the OHWM We have a general notion of the hydrology associated with the OHWM (average < OHWM < extreme) BUT, the OHWM is ultimately defined by physical characteristics and should be represented by an actual mark on the landscape
5 Ordinary High Water Mark +? - -? + + +? - -? + +
6 The Active Channel Signature The active channel commonly leaves a physical and/or biological signature on the landscape Primary indicators of the active channel signature are: Topographic breaks in slope Changes in sediment characteristics Changes in vegetation characteristics
7 Low-flow Channel(s) Contains water most frequently Unstable; migrates within the active channel Formed during flood recession and/or maintained by persistent low flows
8 Active Channel Principle zone of erosion and sediment transport Typically shaped & maintained by moderate floods Typically characterized by relative lack of vegetation, abundance of coarse sediment *OHWM typically corresponds with active channel boundary
9 Floodplain Zone of deposition Characterized by wellestablished vegetation and fine sediment relative to the active channel Term has many meanings/uses Not always present
10 Terrace Abandoned floodplain Characterized by soil development, mature vegetation Transition to upland Inundated only during extreme events, if at all
11 OHWM = Active Channel Boundary Topography (break in slope) Channel topography formed by sediment transport in moderate events Sediment Function of how vigorous the flow is Coarse sediment in main channel, finer on floodplains Vegetation Balance between supply of water and vigorous flow that uproots vegetation
12 New River, AZ
13 New River, AZ
14 Hanover, NH
15 Oraibi Wash, AZ
16 Mission Creek, CA
17 Palm Canyon, CA
18 Point Bar OHWM?? Needs field verification Agua Fria River, AZ
19 Moenkopi River, AZ
20 Moenkopi River, AZ
21 PJD vs. AJD Preliminary Jurisdictional Determination Not appealable (instead request an AJD) No set expiration date Cannot use to disclaim jurisdiction Not posted on the web Sufficient for permitting Approved Jurisdictional Determination Appealable Expires after 5 years Required to disclaim jurisdiction Posted on the web Sufficient for permitting
22 AJD/PJD FAQs I have a non-tidal irrigation ditch excavated on dry land in my study area. Can I just leave it off the map and do a PJD? No, if it s an aquatic resource it needs to be on the map. If it s a preamble excluded water then the Corps will need to do an AJD to disclaim jurisdiction.
23 AJD/PJD FAQs Is the Corps required to coordinate all Approved JDs with EPA? No, the Corps is only required to coordinate isolated & significant nexus calls with EPA. Other non-jurisdictional findings (i.e., preamble excluded waters) do not required EPA coordination but do require an AJD.
24 AJD/PJD FAQs What about puddles? The stayed rule talks about these in the same context as the 1986 preamble excluded waters. Do I need to map those? No, puddles are not aquatic resources since they do not have an OHWM nor are they wet long enough to meet the definition of wetland.
25 AJD/PJD FAQs How long is EPA s review of an Approved JD? Region VIII has agreed to review positive significant nexus determinations in 3 days 15 days for a significant nexus determination, 21 days for isolated
26 AJD/PJD FAQs Can the Corps issue an Approved JD when the applicant asked for a Preliminary JD? Yes, when jurisdiction is contested or when the Corps determines that it does not have jurisdiction over an aquatic resource (Regulatory Guidance Letter 08-02)
27 AJD/PJD FAQs Where can I find jurisdictional determinations on the web? The Sacramento District publishes all of its approved jurisdictional determinations at ulatory/jurisdiction.aspx
28 Confused? Call me, that s what I m here for! James Jamie Robb (916) James.T.Robb@USACE.army.mil
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