Waters of the United States. 9 Developer shall make every effort to not:
Waters of the United States. Those areas subject to U.S. Army Corps of Engineers regulatory authority pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899, as defined at 33 C.F.R. § 328.3(a).
Waters of the United States. To the best of each --------------------------- Borrower's knowledge, no part of any Mortgaged Property contains "waters of the United States", as defined in 33 CFR 328. No Borrower shall discharge dredged or fill material into waters of the United States as such activity is described and regulated by Section 404 of the Clean Water Act, 33 U.S.C. 1344.
Waters of the United States. No part of the Fee Properties contains “waters of the United States”, as defined in 33 CFR 328. Borrower shall not, and shall not cause or permit the Fee Owners to, discharge dredged or fill material into waters of the United States as such activity is described and regulated by Section 404 of the Clean Water Act, 33 U.S.C. 1344.
Waters of the United States. Those areas subject to Corps regulatory authority pursuant to Section 404 of the Clean Water Act, as defined at 33 CFR Part 328.3(a).
Waters of the United States. Xxxxxxxx Enterprises will delineate the boundaries of Waters of the United States (WOTUS), including wetlands and the ordinary high water xxxx of Xxxxxxxx Creek, within the project APE, using methods prescribed by the U.S Army Corps of Engineers (ACOE). Maps will be prepared, utilizing GPS and GIS technology, on base topographic maps of the project site and/or aerial photographs of the site provided by the County. Results of the delineation will be provided in a report, which will be submitted to ACOE (US Army Engineer District, San Francisco) with a written request for a jurisdictional determination on behalf of the County. Xxxxxxxx will conduct a field review with ACOE personnel, if requested.
Waters of the United States. Section 404 of the Clean Water Act (CWA) regulates the discharge of dredged and fill material into waters of the United States. Per the April 21, 2020, Navigable Waters Protection Rule, waters of the United States include the following: • Territorial seas and traditional navigable waters, • Perennial and intermittent tributaries to those waters, • Certain lakes and ponds, and impoundments, and • Wetlands adjacent to jurisdictional waters Water resources in the planning area are shown on Figure C-5 Appendix C. The main watercourses in the planning area consist of the Rush River and the Lower Branch Rush River; both watercourses are considered waters of the United States. Both branches discharge into the Sheyenne River, just upstream of where the Sheyenne River discharges into the Red River. The downstream reaches of both branches have been altered by the U.S. Army Corps of Engineers (USACE), resulting in the straightening of this portion of their channels. As shown in Figure C-5 Appendix C, there are also several tributaries associated with the Rush River. Xxxxxx Lake, a 125-acre lake, is located in the planning area approximately 10 miles northwest of Amenia. Two dams are located in the planning area: the Erie Dam and the Xxxxxx Lake 2 Dam, as shown in Figure C-5 Appendix C. There are no USEPA-designated sole-source aquifers in the planning area.
Waters of the United States. No-Action Alternative – Waters of the U.S. within the city of Amenia and its vicinity include the Rush River. Under the No-Action Alternative, the Rush River will continue to flood and would not change from present conditions. Levee Alternative 1 – Waters of the U.S. in the vicinity of Levee Alternative 1 consist of the Rush River, as shown in Appendix C Map C-14. Under this alternative, direct impacts to the waters of the U.S. are not anticipated as a result of the construction of the levee system around the city of Amenia. Indirect impacts could occur in the alteration of overland flow outside of the proposed levee system during flood events, including an expanded area of cultivated cropland adjacent to the Rush River that could be flooded from a 100-year event, as shown in Appendix C Map C-7. Levee Alternative 2 – Waters of the U.S. adjacent to Levee Alternative 2 consist of the Rush River, as shown in Appendix C Map C-14. Direct and indirect impacts include potential restriction of future channel meander migration of the Rush River. Approximately 1,345 feet of the proposed levee system would be constructed within the 100-year floodplain of the Rush River. The placement of a permanent structure within and adjacent to the floodplain of the Rush River would disconnect the riverine system from adjacent land uses and could cause indirect future disturbance or alteration of the Rush River and its floodplain.
