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Draft Supplemental Environmental Impact Report Page IV.F-18 Forward Inc. Landfill 2018 Expansion Project • All interstate waters,including interstate wetlands; • All other waters, such as interstate lakes, rivers, streams (including intermittent streams), mudflats, sandflats,wetlands, sloughs,prairie potholes,vernal pools, wet meadows,playa lakes, or natural ponds,the use, degradation,or destruction of which could affect interstate or foreign commerce; • Tributaries of the above; • Territorial seas;and • Wetlands adjacent to waters defined above. ' The South Branch of South Littlejohn's Creek and the wetlands it supports are regulated under the CWA and fall under the jurisdiction of the USACE. Under Section 404, projects may be authorized under existing general permits (a Nationwide Permit)or may require an Individual Permit. A Nationwide Permit is a more streamlined permit process than an Individual Permit, although supporting compliance efforts, such as for the FESA,are identical regardless of permit type.The requirements of a Section 404 Nationwide Permit allow permanent impacts on less than 0.5 acre over 300 feet of federal-jurisdiction wetlands. For projects resulting in the placement of fill into more than this threshhold into federal wetlands,then a Section 404 Individual Permit would automatically be required. The primary differences between authorization under the Nationwide Permit,program and an Individual Permit concern the public interest review, the requirement for an alternatives analysis14, and the need for National Environmental Policy Act(NEPA)review. The proposed relocation of approximately 3000 feet of the South Branch of South Littlejohns Creek to a new 3400 foot channel would require issuance of an Individual Permit by the USACE. Section 10 of the Rivers and Harbors Act. Section 10 of the Rivers and Harbors Act(RHA)15 authorizes the USACE to regulate dredging, filling, and construction activities in navigable waters. The Rivers and Harbors Act of 1899 makes it a misdemeanor to discharge refuse matter of any kind into the navigable waters of the United States without a permit". The RHA also makes it a misdemeanor to excavate, fill, or alter the course, condition, or capacity of any port, ' harbor, channel, or other jurisdictional areas within without a permit. Although many activities covered by the RHA are regulated under the CWA,the 1899 Act retains independent vitality. The RHA is administered by the USACE. The South Branch of the South Fork of Littlejohn's Creek is not regulated under the Section 10 of the Rivers and Harbors Act. Executive Order 11990,Protection of Wetlands (May 24, 1977). Executive Order 11990 provides for l4 Section 404(b)(1) is 33 USC 201,et seq. 16 This specific provision is known as the Refuse Act.