FAA Regulations - Laserfiche WebLink

Home

1 5050.4 3/21/80 a Section 402. Airport runoff into the surrounding environment may be considered to be a discharge subject to a Federal or state National Pollutant Discharge Elimination System permit pursuant to the Clean Water Act when the surrounding environment is a wetlands area. b Section 404.' Most wetlands are considered to be "navigable waters" for the purposes. of the Clean Water Act. c Section 10 of the Rivers and Harbors Act of 1899. Under this Act, wetlands may also fall under the permit requirements of the Corps of Engineers due to obstruction or alteration of navigable waters. d State Permit. The proposal may be required to comply with a state wetlands permit system. 6 An opportunity shall be provided for early public review of any proposals involving wetlands. This may be accomplished through early coordination by the sponsor per paragraph 45, use of the A-95 dissemination per paragraph 48e, or the opportunity to review the environmental assessment prior to a public hearing when one is held for proposed actions as described in paragraph 49. 7 A wetlands which is in or adjacent to a coastal area may be subject to a state coastal zone management program. In this situation, the instructions in paragraph 47e(13) below shall also be followed. 8 Section 4(f) of the DOT Act may apply if wetlands are publicly owned lands as described in paragraph 47e(7). Wetlands subject to a publicly owned protective easement for provision of food and nesting to migratory waterfowl are considered to be publicly owned land of a wildlife and waterfowl refuge under section 4(f). The instructions in paragraph 47e(7) are to be followed for section 4(f) situations. 9 If the above analyses indicate any significant impacts on wetlands, the instructions under paragraph 85k are to be followed. (12) Floodplains. (a) Floodplains are defined in Executive Order 11988, Ploodplain Management, as "the lowland and relatively flat areas adjoining inland and coastal waters including floodprone areas of offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year;" i.e., the area that would be inundated by a 100-year flood. (b) Executive Order 11988 directs Federal agencies to "take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains...." DOT Order 5650.2, Floodplain Page 48 Chap 5 Par 47