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Cit~ of Paris Stud~ of Lake Crook March? 2001 1.5.2 Section 404 Permits. The most noteworthy restriction in recent years is the U.S. Environmental Protection Agency's enforcement of the 1972 Clean Water Act, particularly Section 404. Under this regulation the government originally controlled and permitted the dredging and depositing of dredge materials into 'navigable' water or 'waters of the U.S.' After numerous court tests led by the Sierra Club, the Conservation Fund, and National Wildlife Federation, the Corps was forced into more stringent permitting requirements restricting the use of heavy machinery in wetlands because such activity fouled the water. Subsequently, other organizations like the National Association of Home Builders have sued because the Corps went too far, in their opinion, to regulate ~..': ~ '~'.'?~ activity in wetlands. The Corps has " been caught between the factions by being forced to write enforceable rules and then seeing the rules overturned by the courts. Figure 1. Wetland upstream of Caviness Road The wetlands identified in this study were based on the consultant's familiarity with the requirements of the Corps of Engineers but the maps do not purport to have any Certainly before any from a pier to a subdivision takes place anywhere in the city owned property surrounding Lake Crook, the Corps will have to be consulted and a 404 Permit requested. Certain 'nationwide permits' already exist which extend the authority for installation of pipe lines for example or limited roadway crossings. Ifa 'nationwide permit' is claimed, a notification in writing to the Corps of Engineers office is still recommended. Contact: David A. Manning Planning, Environmental, and Regulatory Division 1645 S. 101st East Ave,, Tulsa, OK 74128-4609 Phone: (918) 669-7400 Fax: (918) 669-4306 There are at least a dozen other federal laws governing what can and cannot be done in a wetland regulated by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture. 1.5.3 Flood Plain Management. Another significant law on the books is the National Flood Prevention Act of 1968 which created federal standards for locating and protecting flood plains. This law regulates the elevations to which surrounding structures must be built to protect them from flooding but also prevents the depositing of fill materials into a flood plain in such a way as to exacerbate flooding either upstream or downstream. A significant area, perhaps several hundred acres of land, is lost to development due to flood plains in the upper reaches of the lake near Caviness Road and F.M. 79 Page 8 of 45