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Presented by: Richard W. Whiteside, PhD, CWB, CSE

Corblu Ecology Group, LLC

WOUSBY RULE

Traditional Navigable Waters - (a)(1) Currently used, were used or maybe susceptible use for interstate

or foreign commerce (including recreation) and all tidal waters• Section 9/10 waters• Navigable in-fact as determine by the Federal Courts• Commercial past/current/future use

Interstate Waters/Wetlands - (a)(2)

Territorial Seas - (a)(3)

Impoundments of the Above - (a)(4)

Covered Tributaries - (a)(5)

Covered Adjacent Waters to (a)(1) – (a)(5) waters - (a)(6)

DEFINITION OF TRIBUTARY – (a)(5)

Drainage features that contribute flow directly

or through another water (indirectly) to:

1. Navigable Waters - (a)(1)

2. Interstate Waters/Wetlands - (a)(2)

3. Territorial Seas - (a)(3)

4. Impoundments- (a)(4)

TRIBUTARIES

Flow

1. Perennial 2. Intermittent 3. Ephemeral

Physical Attributes

2. Natural 2. Man-Altered 3. Man-made

Defined by

3. Ordinary High Water Mark 2. Bed and Bank (OHWM)

DEFINITION OF ADJACENT WATERS (a)(6)Adjacent = Bordering = Contiguous = Neighboring

Neighboring

1. All waters within 100 ft of the OHWM of (a)(1) – (a)(5)

2. All waters within the 100-yr floodplain AND < 1500 ft of the OHWM of (a)(1) – (a)(5)

Navigable Waters (a)(1)

Interstate Waters/Wetlands (a)(2)

Territorial Seas (a)(3)

Impoundments to 1-3 (a)(4)

Tributaries (a)(5)

3. All waters within 1500 ft of the high tide line (a)(1) – (a)(3)

4. All waters within 1500 ft of the OHWM of the Great Lakes

SIGNIFICANT NEXUS WOUS

(a)(7) Waters Prairie Potholes Carolina Bays/Delmarva Bays Pocosins Western Vernal Pools Texas Coastal Prairie wetlands

(a)(8) Waters Include all waters within the 100-yr floodplain of (a)(1) – (a)(3) Include all waters within 4,000 ft of the high tide or OHWM (a)(1)

– (a)(5)

SIGNIFICANT NEXUS

Definition

A water including wetlands, either alone or in combination with other similar situated waters in the region, significantly affect the chemical, physical or biological integrity of an (a)(1) – (a)(3) water

Significant Nexus Functions (only 1 required)

1) Sediment trapping 2) Nutrient recycling

3) Pollutant trapping 4) Attenuation of flood waters

5) Runoff storage 6) Contribution of flow

7) Export of Organics 8) Export of food resources

9) Aquatic life cycle provisions

SINGLE POINT OF ENTRY WATERSHED

Re: in combination with other similar situated waters in the region

The drainage basin within whose boundaries all precipitation ultimately flows to the nearest single traditional navigable water (a)(1), interstate water (a)(2), or territorial sea (a)(3)

FINAL WOUS CHANGESAll tributaries (a)(5) to:

1. Navigable Waters (a)(1) 2. Interstate Waters/Wetlands (a)(2)3. Territorial Seas (a)(3)4. Impoundments to 1-3 (a)(4)

All Waters/Wetlands Adjacent/Neighboring (a)(6) (100-yr flood plain AND < 1,500 ft from the OHWM to:

5. Navigable Waters (a)(1)6. Interstate Waters/Wetlands (a)(2)3. Territorial Seas (a)(3)4. Impoundments to 1-3 (a)(4)5. Tributaries (a)(5)

ALL Jurisdictional by RULE

SIGNIFICANT NEXUS WOUS

(a)(7) Waters Prairie Potholes Carolina Bays/Delmarva Bays Pocosins Western Vernal Pools Texas Coastal Prairie wetlands

(a)(8) Waters Include all waters within the 100-yr floodplain and > 1,500 ft

from the OHWM of (a)(1) – (a)(3) Include all waters within 4,000 ft of the high tide or OHWM (a)(1)

– (a)(5)

WHAT ABOUT DITCHES???

Ditches with perennial flow – JD by Rule

Ditches with intermittent flow that are not a relocated tributary or excavated in a tributary, or drain wetlands – non JD

Ditches with ephemeral flow that are not a relocated tributary or excavated in a tributary – non JD

NON –JURISDICTIONAL WATERS BY RULE

Waste treatment systems

Prior converted cropland

Artificially irrigated areas

Artificial, constructed lakes and ponds created in dry land

Ornamental waters

Erosional features: gullies, rills, and other ephemeral features that do not meet the definition of a tributary (a)(5)

Puddles

Groundwater

Stormwater control features (convey, treat, or store) created in dry land

Wastewater recycling structures constructed in dry land