Problem
- Bank protection construction to be completed within Waters of the U.S.
- CWA 404 Permit required.
- CWA 401 Permit required.
Approach
- Complete preliminary Jurisdictional Waters delineation based on identification of Ordinary High Water Marks (OHW).
- Prepare CWA 404 Permit application and submit to USACE. Proposed work to be completed under Nationwide Permit No. 37, “Emergency Watershed Protection and Rehabilitation”.
- Prepare CWA 401 Permit application and submit to ADEQ.
Solution
- USACE agreed with Jurisdictional Waters delineation based on identified Ordinary High Water Marks.
- USACE agreement that activities complied with Nationwide Permit No. 37, “Emergency Watershed Protection and Rehabilitation”.
- ADEQ provided Waiver of Individual CWA 401 Water Quality Certification. Activities allowed under State of Arizona 401 Water Quality Conditions for Section 404 Nationwide Permits.
Location
Cave Creek, AZ
Client
Town of Cave Creek
Project Leads
Jon Fuller, P.E.
Nate Vaughan, P.E.