contiguous or adjacent to primary tributaries, and lakes" [114]. 

 Phase III jurisdiction extends to all of the waters of the United States, 

 with numerous exceptions relating to agriculture, ranching, silviculture, 

 amount of waterflow in a stream, special provisions for simplified 

 procedures in states with approved state coastal zone management plans, 

 and other special cases [115]. 



The 1977 revisions to the Corps regulations follow this pattern, but 

 with simplified terminology. "Navigable waters" is used to refer to 

 waters subject to Section 10 jurisdiction. "Waters of the United States" 

 is used to refer to navigable waters plus those additional areas subject 

 to Section 404 jurisdiction. The waters of the United States are broken 

 into four categories [116]: 



Category 1 



Coastal and inland waters, lakes, rivers, and streams that are 

 navigable waters of the United States, including adjacent wetlands. 



Category 2 



Tributaries to navigable waters of the United States, including 

 adjacent wetlands (manmade nontidal drainage and irrigation ditches 

 excavated on dry land are not considered waters of the United States 

 under this definition). 



Category 3 



I tate waters and their tributaries, including adjacent wetlands. 



Category 4 



All other waters of the United States. . .such as isolated wetlands 

 and lakes, intermittent streams, prairie potholes, and other waters 

 that are not a part of a tributary system to interstate waters or 

 to navigable waters of the United States, the degradation or 

 destruction of which could affect interstate commerce. 



These general categories are more specifically defined where distinctions 

 are relevant, such as when Section 10 review criteria and Section 404 

 permit review criteria could result in different permit conditions. 



Permit Procedures 



The revised Corps regulations treat permit procedures in two steps. 

 They first review general policy and procedural considerations (Table 8), 

 both for the program as a whole, arid then for the specific authorities 

 encompassed in the program [118]: 



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