Comment: Corps and EPA employees have regulated concrete swales alongside highways as ephemeral streams, intermittent streams, and even federal wetlands in the past. Mitigation has been required to relocate these "resources," such as they are. Iron stains in the concrete have been claimed of evidence of "seasonal high water" and even "top of stream bank" by federal staff. EPA's claim that such judgments would not occur under the New Rule do not take into account this history, or likely agency culture to continue to regulate concrete ditches, as they have been doing for the last 20 years (illegally). This is another oversight of the New Rule.
Recommendation: Add language to the New Rule explicitly exempting from regulation "ephemeral ditches or channels whose hydrology is dominated by roadway or parking lot runoff leading directly to the channel." Notably exempted should be channels lined with stone, rubble, gabion, or concrete.