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NOTICE: NOTICES

ACTION: Reports and guidance documents; availability, etc.:

DOCUMENT ACTION: Notice of availability.

SUBJECT CATEGORY: U.S. Army Corps of Engineers (Corps) Regulatory Guidance Letter (RGL) 07-02: Exemptions for Construction or Maintenance of Irrigation Ditches and Maintenance of Drainage Ditches under Section 404 of the Clean Water Act (CWA)

DATES: Comments must be received on or before February 11, 2008.

DOCUMENT SUMMARY: The Corps issued RGL 07-02 to further explain the regulatory exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches consistent with Section 404(f) of the CWA (33 U.S.C. 1251 et seq.) and implementing regulations. Specifically, the RGL clarifies when Section 404(f) exempts from permitting requirements discharges of dredged or fill material into waters of the United States associated with the construction and maintenance of irrigation ditches and maintenance of drainage ditches. The RGL also clarifies how certain terms in the regulations at 33 CFR 323.4 are applied in the context of the Sections 404(f) exemptions, including irrigation ditch, drainage ditch, construction, and maintenance. In addition, the guidance provides a framework for determining the applicability of the exemptions and the recapture provision, consistent with the CWA and implementing regulations. This RGL was effective July 4, 2007.

SUMMARY: Irrigation ditches, construction or maintenance and drainage ditches, maintenance; regulatory exemptions,

SUPPLEMENTAL INFORMATION

The Corps is requesting public comment on RGL 0702, which is available at: http://www.usace.army.mil/cw/cecwo/reg/rgls/rgl0702.pdf.

At the same time, the Corps appreciates that the public has considerable interest in the issues addressed in this guidance. The Corps is particularly interested in hearing from the public regarding their actual experience with implementing the guidance. The Corps is providing a 60day public comment period, and encourages the public to provide comments informed by actual experience. To assure the public of our commitment to carefully consider their comments, and to address issues that
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may unexpectedly arise during implementation of the guidance, the Corps may within one year from the date of issuance reissue, revise, or suspend the guidance. The Corps intends to provide examples and best management practices, including clarification of key terminology, upon receipt and consideration of public comments.

Dated: December 4, 2007.
Michael G. Ensch,
Chief, Operations, Directorate of Civil Works.
[FR Doc. E724191 Filed 121207; 8:45 am]
BILLING CODE 371092P

FOR FURTHER INFORMATION CONTACT Kim McLaughlin, Regulatory Community of Practice (CECWCO), U.S. Army Corps of Engineers, Headquarters, 441 G Street, NW., Washington, DC 20314; telephone number: (202) 7617763; fax number: (202) 7615096; email address:
Kimberly.S.McLaughlin@usace.army.mil.