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Placement of Pilings that Require a Section 404 Permit. <br /> The placement of pilings in waters of the United States in such a manner that the pilings and supported <br /> structure have the effect of a discharge of fill material. <br /> Examples of such activities include, but are not limited to, the following: <br /> 1. Projects where the pilings are so closely spaced that sediment accumulates at higher rates; <br /> 2. Projects where the pilings themselves effectively replace the bottom elevation of a waterbody or <br /> wetland; <br /> 3. Projects involving the placement of pilings that would reduce or impair the flow or circulation of <br /> waters of the United States; and <br /> 4. Projects involving the placement of pilings which would result in the adverse alteration or <br /> elimination of aquatic functions. <br /> Placement of Pilings that Generally does not Require a Section 404 Permit. <br /> 1. Placement of pilings for linear projects, such as bridges, elevated walkways, and powerline structures. <br /> 2. Placement of pilings in waters of the United States for piers, wharves, and individual houses on stilts. <br /> NOTE: All pilings that are placed in navigable waters of the United States, as defined in 33 CFR Part 329, <br /> require authorization under Section 10 of the Rivers and Harbors Act of 1899 (see also 33 CFR Part 322). <br /> PRIOR CONVERTED CROPLAND <br /> The regulation clarifies the Corps and the EPA's position that prior converted croplands, as defined by the <br /> Soil Conservation Service, are not waters of the United States. Generally, prior converted croplands were once <br /> wetlands but have been drained, dredged, filled, or otherwise manipulated before December 23, 1985, for the <br /> purpose of and having the effect of making the production of an agriculture commodity possible. No Section <br /> 404 permit is required for any activities conducted on such lands, unless such lands are considered to be <br /> abandoned and subsequently develop the characteristics of a wetland. <br /> FOR FURTHER INFORMATION <br /> Additional information concerning the final rule can be obtained from: <br /> U.S. Army Corps of Engineers, Portland District <br /> ATTN: CENPP -PE-R <br /> P.O. Box 2946 <br /> Portland, Oregon 97208 -2946 <br /> Telephone 503- 326 -7730 <br /> 3 <br />