OutdoorNebraska

Floating The Good Life • Nebraska Game and Parks Commission 49 High Water Mark: Also called the "Ordinary High Water Mark" or "Average High Water Mark," refers to the highest elevation expected from a river or lake under non-flood conditions. The high water mark may dictate what elevations structures may be required to be built. It may also define indication of wetlands existing on site or limitations of placing soil fill material within the parameters of an approved permit. Section 401 Permit: A permit application that is focused on limiting impacts to wetlands that may exist within your project site. Originating within the U.S. Clean Water Act, Section 401 extends authority to the State and Tribal governance to have input on decisions about wetlands and natural water resources. A Section 401 certification to permit the project typically is conducted simultaneously with the Section 404 permitting process if required for the project. Section 404 Permit: A permit application required by the United States Army Corps of Engineers. The permit title is tied to Section 404 of the U.S. Clean Water Act, which regulates discharging dredging or soil fill material into Waters of the United States (including wetlands) in an effort to minimize negative impacts to natural waterways. Access projects typically require some modification and earthwork to the embankment, which may result in soil fill material and must be approved to do so. Typically, a water access project will fall under a category called a Nationwide Permit, which is streamlined version of the 404 Permit and what you as a stakeholder want your project to be classified as by the USACE upon their review. Wetland: A landform that is saturated by water continually or seasonally and has a distinct ecosystem that is considered a Waters of the United States by the United States Army Corps of Engineers (USACE) and required to be identified and development impacts prohibited or approved through the Section 401 Permit. Wetland Delineation: A field exercise conducted by a qualified individual trained to identify the presence of wetland landforms. A wetland delineator will identify an area and boundary of a wetland when soil, hydrology, and vegetation indicators that classify a wetland ecosystem are present on a site. A wetland delineation report is a required submittal as part of the Section 404 and Section 401 USACE permitting process to declare the presence of any wetland on a proposed project site. A qualified wetland delineator typically will be within a professional consulting firm emphasizing environmental engineering, conservation ecology, or landscape architecture. Contact your local Natural Resource District or the Nebraska Game and Parks Commission for assistance in identifying where to find a qualified individual.

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