Letters to Washington
|
December 1, 2023
Comments to U.S. Army Corps of Engineers on Draft National Ordinary High Water Mark Manual
The National Stone, Sand & Gravel Association (NSSGA) appreciates the opportunity to comment on the U.S. Army Corps of Engineers (Corps) Draft National Ordinary High-Water Mark (OHWM) Manual (manual). NSSGA applauds this extensive compilation of science but is concerned about the lack of clarity about when it should and should not be used. We are especially concerned that it could expand the jurisdictional reach, in conflict with the Supreme Court’s unanimous Sackett ruling and could limit the use of Nationwide Permits (NWPs). We also recommend that the Corps rescind RGL 05-05 that relies on the finding of an OHWM to define the lateral limits of CWA jurisdiction.