Construction & Operation Permit Glossary: Key Terms & Definitions for Developers and Consultants

Construction & Operation Permit Key Terms & Definitions

Aquatic ecosystems: The interconnected communities of organisms and their physical environments within bodies of water, such as wetlands, rivers, and estuaries, which are protected under the Flood Control Act Construction & Operation Permit.

Best management practices (BMPs): Techniques, measures, or structural controls designed to minimize the discharge of pollutants from point sources and nonpoint sources into waters of the United States, as required under the Flood Control Act Construction & Operation Permit.

Discharge of dredged material: The addition of dredged material into waters of the United States, which is regulated under Section 404 of the Clean Water Act and may require a Flood Control Act Construction & Operation Permit.

Discharge of fill material: The addition of fill material into waters of the United States, which is regulated under Section 404 of the Clean Water Act and may require a Flood Control Act Construction & Operation Permit.

Downstream communities: Populations and areas located downstream of a flood control structure that may be impacted by changes in water flow, sediment transport, or flood risk resulting from the construction or operation of the structure.

Flood Control Act of 1944: The federal law (P.L. 78-534) that authorized the construction of numerous flood control projects and established the framework for the Flood Control Act Construction & Operation Permit.

Flood control structures: Dams, levees, or other engineered structures designed to control or mitigate flood risks, the construction and operation of which may require a Flood Control Act Construction & Operation Permit.

Jurisdictional determination: The process by which the U.S. Army Corps of Engineers evaluates whether a waterbody or wetland is subject to federal jurisdiction under the Clean Water Act and, consequently, whether a Flood Control Act Construction & Operation Permit is required for activities affecting that waterbody or wetland.

Levee Safety Program: A program established by the U.S. Army Corps of Engineers to assess and manage the risks associated with levees and ensure compliance with the Flood Control Act Construction & Operation Permit requirements.

Mitigation measures: Actions taken to avoid, minimize, rectify, reduce, or compensate for the adverse environmental impacts of a project, as required under the Flood Control Act Construction & Operation Permit.

Navigable waters: Waters of the United States, including the territorial seas, as defined in Section 502(7) of the Clean Water Act (33 U.S.C. §1362(7)), which are subject to federal jurisdiction and may require a Flood Control Act Construction & Operation Permit for certain activities.

Ordinary high water mark: The line on the shore established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, or the presence of litter and debris, which is used to determine the lateral extent of federal jurisdiction under the Clean Water Act.

Pre-application consultation: A meeting between the project proponent and the U.S. Army Corps of Engineers prior to submitting a Flood Control Act Construction & Operation Permit application to discuss the proposed project, identify potential issues, and determine the appropriate permitting process.

Public interest review: The process by which the U.S. Army Corps of Engineers evaluates a proposed project's potential impacts on the public interest, including environmental, social, and economic factors, as part of the Flood Control Act Construction & Operation Permit decision-making process.

Rivers and Harbors Act of 1899: The federal law (33 U.S.C. 401 et seq.) that regulates activities affecting navigable waters of the United States and provides additional authority for the Flood Control Act Construction & Operation Permit.

Section 404 permit: A permit issued by the U.S. Army Corps of Engineers under Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States, which may be required in addition to a Flood Control Act Construction & Operation Permit for certain projects.

Sediment transport: The movement of sediment, such as sand, silt, or clay, through a waterbody, which can be altered by the construction or operation of flood control structures and may require mitigation under the Flood Control Act Construction & Operation Permit.

Stormwater management plan: A document that describes the practices, measures, and structures that will be implemented to manage stormwater runoff and minimize the discharge of pollutants from a construction site, as required under the Flood Control Act Construction & Operation Permit.

U.S. Army Corps of Engineers (USACE): The federal agency responsible for issuing Flood Control Act Construction & Operation Permits and ensuring compliance with permit conditions.

U.S. Environmental Protection Agency (EPA): The federal agency responsible for administering the Clean Water Act and overseeing the U.S. Army Corps of Engineers' implementation of the Flood Control Act Construction & Operation Permit program.

U.S. Fish and Wildlife Service (USFWS): The federal agency responsible for conserving, protecting, and enhancing fish, wildlife, and plants and their habitats, which may be consulted during the Flood Control Act Construction & Operation Permit review process to assess potential impacts on protected species.

Water quality certification: A certification issued by a state or tribal agency under Section 401 of the Clean Water Act, verifying that a proposed project will comply with applicable water quality standards and other requirements, which may be required in addition to a Flood Control Act Construction & Operation Permit.

Water Resources Development Act of 2007: The federal law (P.L. 110-114) that amended the Flood Control Act of 1944 and included provisions to improve the efficiency and effectiveness of the Flood Control Act Construction & Operation Permit program.

Waters of the United States: Surface waters, including navigable waters, interstate waters, territorial seas, tributaries, and adjacent wetlands, that are subject to federal jurisdiction under the Clean Water Act and may require a Flood Control Act Construction & Operation Permit for certain activities.

Wetland restoration: The process of reestablishing or rehabilitating a wetland that has been degraded, damaged, or destroyed, which may be required as a mitigation measure under the Flood Control Act Construction & Operation Permit.