NACEPT Assumable Waters Subcommittee Presentations (December 1-2, 2015)

The presentations given by the members of the subcommittee are listed below.  

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• Adjacent Wetlands or Waters (pdf) (1.01 MB, 12/2/15)
  Presentation by Mr. Russ Kaiser, USEPA, and Ms. Stacey Jensen, USACE, on adjacent wetlands as defined in the Clean Water Act and its implementing regulations.
• Alaska's Assumable Waters Challenges (pdf) (19.43 MB, 12/1/15)
  Presented by Ms. Michelle Hale of Alaska's Department of Environmental Conservation. The presentation covers Alaska's effort to identify which waters would be assumed by the state under Clean Water Act section 404(g).
• Arizona - All Waters Assumable? (pdf) (26.38 KB, 12/1/15)
  Presented by Mr. Trevor Baggiore with the Arizona Department of Environmental Quality. The presentation looks at the various waters within Arizona to consider whether or not they might be assumable by the state consistent with 404(g)(1).
• CWA section 404 Assumption Analysis and Unique Tribal Issues (pdf) (1.45 MB, 12/1/15)
  Presented by Mr. Richard Gitar of the Fond du Lac Band of Lake Superior Chippewa. This presention covers background on the Band, identifies aquatic resources on the reservation, covers the Band's efforts to to date in assuming the CWA 404 program and identifies challenges to assuming the program unique to tribes.
• Maryland Presentation on CWA section 404 Assumable Waters (pdf) (1.13 MB, 12-1-2015)
  Presented by Mr. Gary Setzer of the Maryland Department of the Environment, this power point describes the state's efforts to assume CWA section 404 permitting authority.
• Michigan Interstate Water Examples (pdf) (5.85 MB, 11/20/15)
  These two maps are of rivers and streams that cross from the state of Michigan into other states. Michigan has assumed CWA section 404 authority over the reaches of streams within the state of Michigan. The U.S. Army Corps of Engineers still administers the CWA 404 program for the reaches in Indiana and Wisconsin.
• New Jersey Presentation on CWA 404(g) Program (pdf) (367.77 KB, 12/1/15)
  Presented by Ms. Susan Lockwood of the New Jersey Department of Environmental Protection. This presentation is an overview of New Jersey’s CWA 404 program with a focus on the waters for which the state has assumed permitting responsibility.
• Oregon CWA 404 Assumable Waters Presentation (pdf) (88.72 KB, 12/1/15)
  Presented by Mr. Eric Metz of Oregon's Department of State Lands. This is one of three uploaded presentations Mr. Metz used to illustrate the challenges Oregon encountered during their effort to identify which waters the state would assume CWA 404 permitting authority for.
• Oregon CWA 404 Assumable Waters - maps 1 (pdf) (3.94 MB, 12/1/15)
  Presented by Mr. Eric Metz of Oregon's Department of State Lands. These maps are one of three uploaded presentations Mr. Metz used to illustrate the challenges Oregon encountered during their effort to identify which waters the state would assume CWA 404 permitting authority for.
• Oregon CWA 404 Assumable Waters - Maps 2 (pdf) (3.95 MB, 12/1/15)
  Presented by Mr. Eric Metz of Oregon's Department of State Lands. These maps are one of three uploaded presentations Mr. Metz used to illustrate the challenges Oregon encountered during their effort to identify which waters the state would assume CWA 404 permitting authority for.
• Wyoming Presentation on Waters in the State (pdf) (1.86 MB, December 1, 2015)
  Presented by Mr. David Ross of the Wyoming Attorney General's Office. This presentation shows various waterways in Wyoming as an example of a semi-arid to arid state.
• Background on Rivers and Harbors Act Section10 Waters (pdf) (4.37 MB, 12/1/15)
  Presented by Mr. William James of the USACE. At the request of the subcommittee, Mr. James gave a short presentation on the history and background of Section 10 of the Rivers and Harbors Act.
• Memorandum on Legislative History of CWA section 404(g)(1) (pdf) (165.02 KB, 12/1/15)
  Drafted and presented by Ms. Virginia Albrecht and Mr. Brian Levey as background information for the subcommittees. This document looks into the meaning of the parrenthetical language of CWA section 404(g)(1) by researching the legislative history of the 1977 Act. This does not represent the position of any subcommittee member. It was provided to help facilitate the groups discussion.