{ "culture": "en-US", "name": "", "guid": "", "catalogPath": "", "snippet": "The purpose of this dataset is to depict the approximate extent of Retained Waters, along with a 300 foot guideline, as defined in the Memorandum of Agreement (MOA) between the Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (Corps). It is intended to aid regulatory staff and permit applicants in an initial screening to determine whether an application for authorization under Section 404 of the Clean Water Act will be reviewed by the Corps (retained) or the Department (assumed). Please see the terms of use for more details.", "description": "

This a consolidation of multiple datasets that together represent the approximate extent of retained waters, with a 300-foot buffer applied to each dataset. It is divided into 2 components, Listed Retained Waters and Approximate Tidal Waters, which overlap in many areas. <\/SPAN><\/P>

Listed Retained Waters dataset: <\/SPAN><\/P>

Retained Waters List \u2013 This is a subset of lines and polygons from the <\/SPAN>USGS National Hydrography Dataset <\/SPAN><\/A>(1:24,000) representing the waters that are named on the MOA\u2019s Retained Waters List. <\/SPAN><\/P>

Approximate Tidal Waters datasets: <\/SPAN><\/P>

NOAA Composite Shoreline <\/SPAN><\/A>\u2013 This layer depicts shorelines of tidal waterbodies as digitized from NOAA\u2019s historic surveys (T-sheets) of shorelines at Mean High Water (MHW). <\/SPAN><\/P>

FWC Shoreline <\/SPAN><\/A>(1:12,000) \u2013 This layer depicts shorelines of tidal and other major waters as digitized from aerial imagery (2004 DOQQs).<\/SPAN><\/P>

NOAA MHHW Inundation <\/SPAN><\/A>(Sea Level Rise 0 foot) \u2013 This layer is a GIS analysis of tidal and elevation data to show areas that would be inundated at Mean Higher High Water (MHHW)<\/SPAN><\/P>

Cape Coral Canals <\/SPAN><\/A>\u2013 This is a subset of a layer created in the 1990s by the City of Cape Coral, representing the canals that are saltwater and therefore most likely tidally influenced. This layer was used to override the MHHW layer in a few locations where control structures were mapped by the city.<\/SPAN><\/P>

Note that mapped shorelines may be changed by erosion, accretion, construction, and sea level rise, may be obscured by vegetation, and may not take into account the presence of water control structures, so the mapped shoreline may not be the same as the actual shoreline. The actual location of the 300 foot guideline must and shall be measured from the actual presence and location of the MHW (for tidal waters) or OHW (for non-tidal portions of the Retained Waters List) based on application drawings, site observations, or professional surveys.<\/SPAN><\/P><\/DIV><\/DIV><\/DIV>", "summary": "The purpose of this dataset is to depict the approximate extent of Retained Waters, along with a 300 foot guideline, as defined in the Memorandum of Agreement (MOA) between the Florida Department of Environmental Protection (FDEP) and the U.S. Army Corps of Engineers (Corps). It is intended to aid regulatory staff and permit applicants in an initial screening to determine whether an application for authorization under Section 404 of the Clean Water Act will be reviewed by the Corps (retained) or the Department (assumed). Please see the terms of use for more details.", "title": "State Section 404 Delegated Waters (Retained Waters)", "tags": [ "Retained Waters", "404 jurisdiction", "404", "State 404 Program", "delegated waters" ], "type": "", "typeKeywords": [], "thumbnail": "", "url": "", "minScale": 150000000, "maxScale": 5000, "spatialReference": "", "accessInformation": "Florida Department of Environmental Protection, US Army Corps of Engineers", "licenseInfo": "

The GIS datasets are not precise and therefore can only assist the initial and necessarily rapid screening of an application/request. The final determination can only be made by comparing actual observations of the site to the text of the MOA. Per the MOA (paragraph II.A): \u201cThe Corps will retain responsibility for permitting for the discharge of dredged or fill material in those waters identified in the Retained Waters List, as well as all waters subject to the ebb and flow of the tide shoreward to their mean high water mark that are not specifically listed in the Retained Waters List, including wetlands adjacent thereto landward to the administrative boundary. For purposes of this Agreement, the administrative boundary demarcating the adjacent wetlands over which jurisdiction is retained by the Corps is a 300-foot guide line established from the ordinary high water mark or mean high tide line of the retained water. In the case of a project that involves discharges of dredged or fill material both waterward and landward of the 300-foot guide line, the Corps will retain jurisdiction to the landward boundary of the project for the purposes of that project only.\u201d<\/SPAN><\/P><\/DIV><\/DIV><\/DIV>", "portalUrl": "" }