SitNews - Stories in the News - Ketchikan, Alaska


Laws associated with the Bostwick road and pits
By Gregory Vickrey


March 13, 2007
Tuesday AM

Section 404 of the Clean Water Act requires that a Department of the Army (DA) permit be obtained for the placement or discharge of dredged and/or fill material into waters of the U.S., including wetlands, prior to conducting the work (33 United States Code 1344).

Certain discharges of dredge or fill material into waters of the U.S., including wetlands, are exempt from the authorization requirements of Section 404 of the Clean Water Act. In accordance with 33 CFR 323.4(a), these discharges include those that may result from normal silvicultural practices for the production of fiber and forest products, and for the construction and maintenance of forest roads. However, in order to be exempt, the silvicultural activity must be part of an established (i.e., on-going) silviculture operation and must be in accordance with the definitions in Section 323.4(a)(1)(iii) .

The regulations also state, Activities which bring an area into farming, silvicultural, or ranching use are not part of an established operation [33 CFR Sec. 323.4(a)(1)(ii)]. Likewise, forest roads to be kept open for public recreational use or access to lands for non-silvicultural activities are not exempt. Furthermore, the discharge of overburden or other fill for the development and operation of borrow pits is never exempt from the regulation under Section 404 (33 CFR Sec 322.4).

Gregory Vickrey
Ketchikan, AK

Received March 12, 2007 - Published March 13, 2007

About: "Gregory is the director of the Tongass Conservation Society, is a friend of Gravina, and does not enjoy looking up regulatory statutes."




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