Article 64: Determining if your project will affect "Waters of the U.S."
(Category: environmental-and-historical-compliance)
Article Summary
Any project involving physical construction in or adjacent to "Navigable Waters of the U.S."—which includes surface water bodies, drainage ditches, intermittent streams, lakes, ponds, and adjacent vegetated wetlands—can potentially compromise water quality. To ensure compliance, FEMA enforces a strict review zone for any construction activity occurring within 200 feet of a water body.
Applicants should cross-reference 1:24,000 scale USGS topographic maps or contact the U.S. Army Corps of Engineers (USACE) for a jurisdictional determination. If a project involves culvert realignments, channel widening, bridge repairs, or retention pond excavation within the 200-foot buffer, it will trigger a "Yes" answer on Section D, Question 1 of the EHP checklist, requiring a formal environmental impact review.
Five Key Takeaways for CTA FEMA Compliance
- Trigger Environmental Reviews for the 200-Foot Buffer: Flag any restoration project involving physical construction or staging within 200 feet of a waterway for advanced EHP review.
- Utilize 1:24,000 Scale Topographic Maps: Rely strictly on a 1:24,000 scale USGS topographic map to identify minor or intermittent water bodies.
- Secure an Official USACE Jurisdictional Letter: Submit a formal request package to the U.S. Army Corps of Engineers to obtain a definitive jurisdictional determination for your footprint.
- Prorate System Inspections by Damaged Fractions: Document the exact damaged sections to support pro-rata eligibility if only a fraction of an inspected pipeline system sustained disaster damage.
- Isolate Sedimentation Controls in Project Scopes: Include explicit contract line items for silt fencing, turbidity curtains, and erosion control blankets in your repair scopes for culverts and bridges.
