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27 June 2023 - UPDATE Supreme Court Ruling in Sackett v. Environmental Protection Agency

7 June 2023 - The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.

18 January 2023 - Finale Revised Definition of "Waters of the United States"

5 January 2022 – Navigable Waters Protection Rule Vacatur

December 1, 2022 - USACE and EPA announced the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet.   (Please click the link to view the announcement)

Regulatory Information

Section 10 Streams

  • Section 10 Streams shared by West Virginia, Kentucky and/or Ohio
Ohio River- mile 127.2 to mile 438.0 (New Martinsville, WV to Foster, KY)
Russell Fork- mouth to mile 17.0 (Millard, KY to the Virginia state line near Potters Flats, WV) 
Tug Fork- mouth to mile 58.0 (Louisa, KY to Williamson, WV)
Big Sandy River- mouth to mile 26.83 (Catlettsburg, KY to Louisa, KY)
Levisa Fork- mouth to mile 130.0 (Louisa, KY to Virginia state line near Toonerville, KY)
  • West Virginia Section 10 Rivers
Coal River- mouth to mile 57.9 (St. Albans, WV to Jarrolds Valley, WV)
Elk River- mouth to mile 139.0 (Charleston, WV to Webster Springs, WV)
Gauley River- mouth to mile 75.0 (Gauley Bridge, WV to mouth of Williams River at Camden in Gauley, WV)
Greenbrier River- mouth to mile 150.5 (Hinton, WV to Durbin, WV)
Guyandot River- mouth to mile 122.0 (Huntington, WV to Clear Fork, WV)
Kanawha River- mouth to mile 97.0 (Point Pleasant, WV to Gauley Bridge, WV)
Little Kanawha- mouth to mile 130.75 (Parkersburg, WV to Bulltown, WV)
New River- mouth to mile 87.5 (Gauley Bridge, WV to the Virginia state line near Roundbottom Creek, WV)
  • Ohio Section 10 Streams
Hocking River- mouth to mile 79.0 (Hockingport, OH to Rush Creek, OH)
Muskingum River- mouth to mile 112.5 (Marietta, OH to Coshocton, OH)
Olentangy River- mouth to mile 74.3 (Columbus, OH to Seccaium Park, OH)
Scioto River- mouth to mile 175.0 (Portsmouth, OH to Greencamp, OH)
Tuscarawas River- mouth to mile 113.3 (Coshocton, OH to Akron, OH)
Walhonding River- mouth to mile 8.8 (Coshocton, OH to Six Mile Dam, OH)
Great Miami River – mouth to mile 117.0 (Cincinnati, OH to Piqua, OH)
Little Miami River – mouth to mile 90.7 (Cincinnati, OH to Clifton, OH)
East Fork Little Miami River – mouth to mile 6.4 (Cincinnati, OH to Perintown, OH)
Wabash River – mouth to Wells/Adams County lines in Indiana (Section 10 drainage in OH)
Mill Creek – mouth to mile 3.8 (within Cincinnati, OH from the Ohio River to I-74)
Muddy Creek – mouth to mile 2.1 (within Cincinnati, OH from the Ohio River to Hillside Avenue)

Section 214 of WRDA

Information on Section 214 of the Water Resources Development Act (WRDA) of 2000 can be found at the Corps' Headquarters Section 214 Website

The Huntington District has active Section 214 agreements with the West Virginia Department of Transportation (WVDOT) and the Ohio Department of Transportation (ODOT).  Information regarding final permit determinations can be obtained from the Corps' WRDA website.  Results can be filtered by District, year, and month.

Section 404 Clean Water Act

Stream Assessment
Hydrogeomorphic (HGM)
HGM Presentations
WV Stream and Wetland Valuation Metric (SWVM)
EPA Rapid Bioassessment Protocols (Habitat Assessment)
For regulatory purposes under the Clean Water Act, the term wetlands means "those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas."

Mountain Valley Pipeline

Regulatory Program Mission

The mission of the Corps of Engineers Regulatory Program is to protect the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions.  The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands.  The Corps of Engineers has been given the authority under Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act of 1972.  Under Section 10, a Corps permit is required for work or structures in, over, or under navigable waters of the United States.  Under Section 404, A Corps permit is required for the discharge of dredged or fill material into waters of the United States, which include streams and wetlands. 

The Huntington District Regulatory program reviews proposed projects that may impact waters of the United States in portions of Ohio and West Virginia, with field offices in Dover, OH, Cincinnati, OH, and Columbus, OH.  In addition, projects on the Big Sandy River downstream of rive river mile 9 (WV and KY) and the Ohio River upstream of river mile 438 (WV, OH, and KY) also fall within the Huntington District Regulatory boundaries

The Huntington District Regulatory office is organized into three Branches: the Energy Resource Branch (projects in West Virginia and Ohio involving coal mining, natural gas extraction and transport, hydropower, wind power projects, power-generating facilities, etc.), the North Branch (non-energy projects in Ohio), the South/Transportation Branch (non-energy projects in West Virginia as well as all transportation projects for the entire States of Ohio and West Virginia).