Purpose
The purpose of this rulemaking is to clarify the threshold for general environmental resource permits when activities are proposed to occur in, on or over wetlands and other surface waters. Under current rule language, one of the thresholds for a general permit is activity in, on or over wetlands and other surface waters must be limited to one acre or less. Excluded from the calculation of this one-acre limit are upland-cut ditches and any wholly owned isolated wetland or other surface water less than one-half acre in size and for which mitigation is not required. Under Section 3.2.2.2 of the District’s Environmental Resource Permitting Information Manual Part B, Basis of Review, alterations to wholly owned ponds constructed entirely in uplands and less than one acre in size do not require mitigation to offset any adverse impacts to fish and wildlife. Accordingly, the proposed amendment will exclude activities in wholly owned ponds up to one acre in size that are constructed entirely in uplands and for which mitigation is not required from the general permit threshold of one acre of activities in wetlands or other surface waters. The effect will be to reduce unnecessary regulatory burdens and achieve other streamlining benefits for the regulated public when proposed activities involve wetlands and other surface waters.