EXH AR026298: Ecology Letter to Novadyne Engineering — Regulatory Status Prior Converted Croplands

A March 28, 2001 letter from the Washington State Department of Ecology clarifies that lands classified as 'prior converted croplands' by the US Army Corps of Engineers are still subject to state wetland regulations if they meet the criteria outlined in the 1996 Washington State Wetland Delineation and Identification Manual. While the federal Food Security Act may exempt such lands from Clean Water Act Section 404 requirements, this exemption does not extend to state law. As a result, some wetlands may be free from federal oversight but remain fully regulated under Washington State rules.

Notes

Letter dated March 28, 2001 from Erik C. Stockdale, Senior Wetlands Specialist, Washington State Department of Ecology (Shorelands & Environmental Assistance Program), to Don Scarberry of Novadyne Engineering, Redmond WA, clarifying Ecology’s regulatory authority over lands classified as ‘prior converted croplands’ by the US Army Corps of Engineers. Explains that Ecology regulates such areas if they meet criteria in the 1996 Washington State Wetland Delineation and Identification Manual, enacted pursuant to Engrossed Senate Bill 5776 (1995 Washington State Legislature). States that the Food Security Act (FSA) exclusion from Section 404 of the Clean Water Act does not apply to state law, meaning wetlands excluded from federal regulation under the FSA may still be subject to state regulation. References the Growth Management Act. AR 026298; filed in PCHB Third Runway EIS administrative record.

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