Question: My local Corps office is making noises about taking jurisdiction over wetlands that have formed in the bottom of an active dredged material disposal area (DMDA). The DMDA site was wetlands in the pre-Columbian era but was diked and converted to upland hayfields in the early 1900's. The DMDA was constructed at some point in 1976. I have pointed out that the DMDA was essentially constructed for CWA purposes and is therefore exempt from 404 regulation under the '86 reg's but that doesn't seem to be making an impression. Corps staff are more concerned about possible future use of this site for a ferry terminal, although this is a good ways off. Has anyone else run into Corps regulation of DMDAs? What were the circumstances and the justification? Many thanks in advance.

John:

You may wish to contact someone from the USACE Galveston District for another point of view - they deal with jurisdiction of DMPAs all the time. Kenny Jaynes or John Davidson are good sources to talk to over there...

www.swg.usace.army.mil

Mr. Zentner, Please keep us informed as to the status of your case. I am very interested in how the Corps proceeds and its reasons for determining jurisdication on your dredge spoils.