Current through Register Vol. XLI, No. 24, June 14, 2024
Section 47-5A-2 - DefinitionsWhen used in this rule, for any activity involving a discharge into waters of the United States that requires a 401 state water quality certification, the following terms are defined as follows:
2.1. "Applicant" means persons or entities that are requesting a federal license or permit to conduct activity that discharges or may discharge, into waters of the United States and require an individual Section 401 state water quality certification.2.2. "Aquatic resources" include, but are not limited to, wildlife, fish, recreational uses, critical habitats, wetlands, and other natural resources subject to the Secretary's jurisdiction.2.3. "Certification" means the certification as required under Section 401 of the federal Clean Water Act, 33 U.S.C. §1341.2.4. "Compensatory mitigation" means the compensation to the State for unavoidable impacts to aquatic or recreational resources in waters of the United States after all appropriate and practicable avoidance and minimization has been achieved by replacing those aquatic or recreational resources through creation, preservation, restoration, enhancement, or monetary or other compensation as set forth in this Rule or as may be determined appropriate by the Secretary.2.5. "Complete" means that the application package submitted to the Department by the applicant for a State 401 Water Quality Certification contains all information necessary, as determined by the Secretary, to initiate processing and public review.2.6. "Condition" means limitations and monitoring requirements that assure that any applicant for a federal license or permit will comply with all applicable federal and State laws including water quality standards.2.7. "Department" means the Department of Environmental Protection.2.8. "Emergent wetlands" or "wet meadows, means an area characterized by the presence of more than fifty percent (50%) grasses, sedges and other non-woody vegetation.2.9. "Forested wetlands" means an area characterized by woody vegetation that is six meters (19.685 feet) tall or taller. 2.10. "Open water wetlands" are ponds, lakes, and reservoirs. Vegetation may or may not be present and covers less than ten percent (10%) of the surface area.2.11 "Permanent impacts" means the unavoidable loss of aquatic resources from a permanent structure or activities that cause physical stream loss.2.12 "Scrub-shrub wetlands" are areas dominated by woody vegetation less than six meters (19.685 feet) tall. The species include true shrubs, young trees, and trees or shrubs that are small or stunted because of environmental conditions. 2.13. "Secretary" means the Secretary of the Department of Environmental Protection or his or her designee.2.14. "Wetlands" means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.