2015 FINAL WOUS DEFINITION “KEY PROVISIONS TO THE RULE” Presented by: Richard W. Whiteside, PhD, CWB, CSE Corblu Ecology Group, LLC

WOUS BY 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.Perennial2. Intermittent3. Ephemeral Physical Attributes 1.Natural2. Man-Altered3. Man-made Defined by 1. Ordinary High Water Mark2. 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 trapping2) Nutrient recycling 3) Pollutant trapping4) Attenuation of flood waters 5) Runoff storage6) Contribution of flow 7) Export of Organics8) 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 CHANGES All 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: 1.Navigable Waters (a)(1) 2.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