Is review under Section 7(a) required for maintenance of an existing water resources projects?
Generally no. The term maintenance assumes there will be no change from the original character, scope or size of the project. Maintenance of an existing water resources does not generally require federal assistance (loan, grant, permit or license) and is therefore not subject to review under Section 7(a). The list of discharge activities not requiring a permit under Section 404 of the Clean Water Act (administered by the ACOE) includes: “Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance does not include any modification that changes the character, scope, or size of the original fill design. Emergency reconstruction must occur within a reasonable period of time after damage occurs in order to qualify for this exemption” (33 CFR Subpart 323.4(a)(2).
