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3. Runoff or overflow associated with dredging operations from a contained land or water disposal area. <br /> Excavation Activities that do not Require a Section 404 Permit: <br /> 1. Any incidental addition, including redeposit, of dredge material associated with any activity where the <br /> activity does not have or would not have the effect of destroying or degrading an area of waters of the United <br /> States provided that any person or persons, prior to commencing an excavation activity involving a discharge, <br /> demonstrates to the satisfaction of the Corps, that the activity would not have the effect of destroying or <br /> degrading wMrs the United States. .r <br /> 2. Incidental movement of dredged material occurring during dredging for navigation in navigable - waters <br /> of the United States, which are traditional navigable waters; provided the dredging is either authorized by <br /> Congress and/or the Corps pursuant to Section 10 of the Rivers and Harbors Act of 1899. However this <br /> exception is not applicable to dredging activities in navigable waters of the United States that are wetlands. <br /> 3. Activities that qualify for the Grandfather Provision (see below). <br /> 4. Certain discharges, such as those associated with normal farming, silviculture, and ranching activities as <br /> defined under Section 404 (f) of the CWA. <br /> 5. Activities that involve only the cutting or removing of vegetation above the ground (e.g., mowing, <br /> rotary cutting, and chainsawing) where the activity neither substantially disturbs the root system nor involves <br /> mechanized pushing, dragging, or other similar activities that redeposit excavated soil material. <br /> Impacts to wetlands and waters associated with the above mentioned incidental discharges will be assessed on <br /> a case -by -case basis. It is the responsibility of any persons preparing to undertake an excavation activity to <br /> demonstrate to the satisfaction of the Corps, that the activity would not have the effect of destroying or <br /> degrading waters of the United States. <br /> GRANDFATHER PROVISION. Section 404 authorization will not be required for discharges of dredged <br /> material associated with ditching, channelization, or other excavation activities in waters of the United States, <br /> including wetlands, where such discharges were not previously regulated and where such activities had <br /> commenced or were under contract to commence prior to August 25, 1993, and where such activities are <br /> completed before August 25, 1994. The Corps retains the authority to grant, on a case -by -case basis, an <br /> extension of this 12 -month grandfather provision subject to the following three conditions: <br /> 1. The excavation activity is of the type that occurs on an ongoing basis, either periodic or continuously <br /> (e.g., mining operations); <br /> 2. The discharger has submitted to the Corps within the 12 -month period between August 25, 1993, and <br /> August 25, 1994, an individual permit application seeking a Section 404 authorization for such excavation <br /> activity; and <br /> 3. In no event can the grandfather provision be extended beyond August 25, 1996. <br /> There are no grandfather provisions for mechanized landclearing and the placement of pilings, since these <br /> activities were regulated prior to this rule. Furthermore, the grandfather provision does not apply to other <br /> excavation activities that were regulated prior to this rule. <br /> PLACEMENT OF PILINGS <br /> 2 <br />