Scope 



4. This manual is limited in scope to wetlands that are a subset of 

 "waters of the United States" and thus subject to Section 404. The terra 

 "waters of the United States" has broad meaning and incorporates both deep- 

 water aquatic habitats and special aquatic sites, including wetlands ( Federal 

 Register 1982), as follows: 



a. The territorial seas with respect to the discharge of fill 

 material. 



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

 ~ navigable waters of the United States, including their adjacent 



wetlands. 



c. Tributaries to navigable waters of the United States, including 

 adjacent wetlands. 



d. Interstate waters and their tributaries, including adjacent 

 wetlands . 



e. All others waters of the United States not identified above, 

 ~ 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 navigable waters of the 

 United States, the degradation or destruction of which could 

 affect interstate commerce. 



Determination that a water body or wetland is subject to interstate commerce 



and therefore is a "water of the United States" shall be made independently of 



procedures described in this manual. 



Special aquatic sites 



5. The Environmental Protection Agency (EPA) identifies six categories 

 of special aquatic sites in their Section 404 b.(l) guidelines (Federal 

 Register 1980), including: 



a. Sanctuaries and refuges. 



b. Wetlands. 



c. Mudflats. 



d. Vegetated shallows. 



e. Coral reefs. 



f_. Riffle and pool complexes. 

 Although all of these special aquatic sites are subject to provisions of the 

 Clean Water Act, this manual considers only wetlands. By definition (see 

 paragraph 26a), wetlands are vegetated. Thus, unvegetated special aquatic 



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