A Little History on the 404 Washes

Posted 10/27/2011
Author: 
OAA Staff

A Little History on the 404 Washes
On July 26, 1997, the U.S. Army Corps of Engineers (Corps of Engineers) completed the identification, or delineation, of washes within the Anthem community that are subject to Section 404 of the Clean Water Act. The Corps of Engineers uses the technical term “waters of the United States” and “404 washes” interchangeably to describe all watercourses/ waterbodies that are regulated under Section 404 of the Clean Water Act. The Anthem 404 Permit imposes limitations on the use of certain areas within the community. These areas are defined as Natural Area Open Space (NAOS) and must be maintained in perpetuity in their current natural desert state. Pulte Home Corporation restored portions of the NAOS that were degraded by fire prior to the development of the Anthem community, and designated them as Active Mitigation areas.

Maintenance of 404 Washes (Do’s and Don’ts)
Portions of the NAOS and Active Mitigation areas are owned by the Anthem Community Council, Parkside Home Owners’ Association and Anthem Country Club Homeowners’ Association. The entity owning each respective portion of the NAOS and Active Mitigation areas has the obligation to maintain that area in accordance with the restrictive covenant that is recorded against the NAOS property. Provisions of the restrictive covenants applicable to both the NAOS and Active Mitigation areas convey certain obligations to the owner of the NAOS property, including:

  • Taking reasonable action to prevent the disturbance of the NAOS and Active Mitigation areas. If damage is caused to the NAOS or Active Mitigation areas, the responsible entity must consult with the Corps of Engineers and restore the damaged areas.
  • Annually removing trash and man-made debris, maintaining signage, restoring damaged areas and maintaining trails and paths.
  • Establishing signage that informs persons of the nature and restrictions of the NAOS and Active Mitigation areas.
  • Specification of the circumstances, means and methods under which the Fire Department may conduct preventative maintenance of the NAOS property.

Users of the NAOS property, and the entity owning any portion of the NAOS, are prohibited from:

  • Providing supplemental irrigation;
  • Using herbicide, pesticides, rodenticides, fertilizers or other similar chemicals;
  • Using off-road vehicles;
  • Conducting agricultural activities;
  • Engaging in recreational activities (except hiking, jogging and walking on the trails);
  • Using the areas for residential, commercial or industrial purposes;
  • Dumping trash, soil or other waste; and
  • Removing or destroying any vegetation.

According to Robert Dummer, Project Manager, Corps of Engineers, there should be little maintenance costs associated with a protected “404 wash,” other than the occasional trash clean-up or controlling inappropriate use. These areas are not to be managed to achieve a specific appearance or standard that is set; they should be allowed to develop according to how the system is driven by the natural processes
that are present.

More Information Available to Homeowners
Maps are available to residents on OnlineAtAnthem.com that illustrate all NAOS and Active Mitigation areas; they also highlight the areas owned by each entity within the Anthem community. An additional map is available online that contains all of Anthem’s parks and trails, as is the recorded restrictive covenants detailing the maintenance requirements for the NAOS and Active Mitigation areas. For additional information regarding the “404 washes,” please contact the HOA office at 623-742-6050.