WATERS OF THE U.S. ASSESSMENT AND DETERMINATION
Triad Recycling and Energy Corp.
Tonawanda, New York
(716) 773-6872 x202
The proposed expansion of a recycling facility would impact a drainageway bisecting the site. DE was retained to determine if the drainageway met the Waters of the U.S. definition.
DE conducted an environmental resource assessment and completed a reconnaissance of the site to observe and document the relevant characteristics of the drainageway. The drainageway alignment was tracked upstream in the field and traced to its discharge point using historic aerial photography and site reconnaissance.
The probable jurisdiction of the drainageway was determined by checking the field and aerial photo conditions against the current Waters of the U.S. definition included in theCode of Federal Regulations. The drainageway was found to be draining an upstream mapped wetland and directly discharging to the Niagara River, a traditional navigable water utilized for foreign commerce. Based on these conditions the drainageway was determined to likely be a jurisdictional Water of the U.S. The jurisdictional status of the drainageway and the resulting permitting requirements were used by Triad to help assess the feasibility of the proposed expansion project.