Overview of clean water act section 404 permitting john a. Overview of section 404 section 404 of the clean water. National environmental policy act clean water act section. While 52 % of surveyed epa regulators had used such estimates at least once, only 3 % reported using them frequently. Usace regulatory policy directives memorandum on duration of permits and jurisdictional determinations, timeframes for clean water act section 401 water quality certifications, and application of the 404b1 guidelines. Connaughton, executive office of the president, council on environmental quality, to mr. This approval does not provide authorization under section 10 of the rivers and harbors act of 1899 or section 404 of the clean water act for entergys proposed discharges. It is also clear that congress envisioned that the states would play an active role in permitting dredge and fill activities, and thus provided a mechanism for states to assume the cwa section. Agency interpretaton on applicability of section 402 of.
Federalaid essentials for local public agencies general permits are a form of permit used to authorize specific activities determined to have no. Adot clean water act section 404401 guidance manual. Section 404 clean water act overview riparian workshop. Clean water act became the act s common name with amendments in 1977.
Healthy wetlands provide people with drinking water purification, groundwater recharge, flood control and pollution control, among other benefits. Congress intended to leave oversight ofwater transfers to water resource. Shortterm water quality standard for turbidity 318 authorization g. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Wwe has successfully obtained permits for projects of all sizes. Clean water act section 404 compliance and the nationwide permit program by tim jordan, senior biologistpermits coordinator proponents of construction, utility, or development projects that include disturbance within streams, including the typical ephemeral variety found throughout the american southwest, are required to conduct the stream. National environmental policy act clean water act section 404 nepa404 merger process for transportation projects in colorado march 2015 background in a may 12, 2003, letter from mr. Clean water act section 404c regulations section 404 of the. Sep 15, 2016 clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Applying section 404r of the clean water act to federal. Appendix f clean water act section 404b1 evaluation. The discharge of dredged or fill material as part of the construction of a federal project specifically authorized by congress, whether prior to or on or after december 27, 1977, is not prohibited by or otherwise subject to regulation under this section, or a state program approved under this section, or section 11a or 42 of this title. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404r.
By enacting a limited exception from the individual permit requirement under sections 404f1c and 404f2, congress attempted to craft a delicately balanced compromise. Federal rivers and harbors act section 10 permit f. Stakeholder materials clean water act 404 assumption. General permits under section 404 of the clean water act. Section 404 clean water act and section 10 rivers and harbors. Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Companion resource for section 404 of the clean water act. Under section 404 of the clean water act, it is unlawful to discharge dredged or fill material into. Farming and section 404 of the clean water act epa. Section 404 clean water act and section 10 rivers and. Oct 24, 2016 this video is part of the federalaid essentials for local public agencies web site and resource library.
Agency interpretaton on applicability of section 402 of the. Rather, section 404 f1 exempts only those activities specifically identified. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. Restoration of wetlands under section 404 of the clean. Restoration of wetlands under section 404 of the clean water. Clean water act 1972 congress passed the modernday clean water act in 1972 to restore and maintain the chemical, physical, and biological integrity of the nations waters.
Thomas judge letter, june 25, 1977 5 clean water act section 404 program assumption, a handbook for. The clean water act contains two different permitting regimes. Minnesota federal clean water act section 404 permit. Activities in waters of the united states regulated under this program include fill for development, water resource projects. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot. Activities in waters of the united states that are regulated under this program include fills for development, water resource. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Overview of section 404 section 404 of the clean water act. These criteria are applicable to all 404 permit decisions. Clean water act section 404q dispute resolution process, case statistics and references. The rivers and harbors act of 1899 defined navigable waters of the united states as those waters that are subject to the ebb and flow of the tides andor are presently used, or have been used in the past, or may be susceptible to use to transport.
This pdf file was adapted from an online training module. Mitigation under section 404 of the clean water act. A letter from acwa, ecos and aswm to the usace expressing disappointment in the corps position on traditional navigable waters under the clean water act. Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404c site. An overview section 404 of the clean water act establishes a program to regulate the discharge of dredged and fill material into waters of the united states, including wetlands.
Clean water act section 404 q dispute resolution process, case statistics and references. Compensatory mitigation for losses of aquatic resources final rule, cfr part 230 you may need a pdf reader to view some of the files on this page. Montana landuse license or easement on navigable waters h. For detailed information on this topic please visit the u. Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. Rather, section 404f1 exempts only those activities specifically identified. Information about the clean water act permitting program for dredge or fill material into waters of the us, including roles, 401 certification of permits, statetribal assumption of 404 program, mitigation requirements, regulations. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. Controversies over redefining fill material under the clean water. Clean water act section 404 and agriculture section 404. Section 404f of the federal water pollution control act commonly known as the clean water act3 attempts to address some of these difficult issues.
Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. Midcourse corrections in the section 404 program james r. X 2 jeopardize the existence of federallylisted endangered or threatened species or their habitat. Watershed academy web introduction to the clean water act. States and federal agencies share critical roles in.
Although water transfers are not generally subject to section 402 of the clean water act, the act reserves the ability of states to regulate water transfers under state law. Introduction because the united states army corps of engineers corps of engineers or corps is authorizing, under section 4041 of the clean water act cwa, increasingly large numbers of activities under nationwide, state and regional permits that result in the. Clean water act does not require attaining water quality criteria at the point of discharge states have discretion to allow dilution states should specify any conditions on dilution allowances as part of their water quality standards 122. Montana water use act water right permit and change authorization i. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. The definitive practical resource to the provisions and complexities of the federal clean water act and how it continues to evolve, this book is written by some of the countrys most knowledgeable experts on. Army corps of engineers and the environmental protection agency. Clean water act became the acts common name with amendments in 1977. Consistent with the clean water acts cwas federalstate approach to managing surface. Clean water act section 404q factsheet pdf 2 pp, 812 k. This chapter describes the evolution of compensatory mitigation requirements in the clean water act cwa section 404 program, including agency guidance. Issues to consider for state administration of section 404.
Regulates the discharge of dredged or fill materials into wetlands and other. Clean water act section 404q factsheet section 404 of the. Use of monetary wetland value estimates by epa clean water. Corps of engineers assumable waters letter to mn pdf. Reconsidering section 404 of the clean water act, 17 land and water l. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. These resources include streams, ponds, bogs, marshes, swamps, and wet meadows, among others. Clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Section 404 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st.
Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. General permits under section 404 of the clean water act steven g. Section 404 clean water act regulates the discharge of dredged or fill material in waters of the u. Clean water act section 404401 guidance manual adot. Permit program under cwa section 404 section 404 of the. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure development such as highways and airports and. The clean water act cwa is the cornerstone of surface water. Section 404g of the clean water act cwa allows for state assumption of the section 404 permitting program. Overview of clean water act section 404 section 404 of. If you think you may have wetlands on your property subject to regulation under cwa section 404, contact your local corps district of fice for assistance to determine whether your area is a pnorconverted cropland or a farmed wetland subject to swampbuster, contact. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. Section 404 of the cleansection 404 of the clean water act. The cwa made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit authorized under the cwa was obtained.
Clean water act section 404clean water act section 404. National environmental policy act clean water act section 404 nepa 404 merger process for transportation projects in colorado march 2015 background in a may 12, 2003, letter from mr. Dvids video clean water act section 404 b 1 guidelines. Assumable waters under the clean water act section 404. Section 404 of the clean water act permitting and investigation. The act includes the navigable waters, and their tributaries, wetlands, lakes, rivers, and streams that have an ecological connection with navigable waters andor support interstate commerce. Section 404 of the clean water act twice this interim.
The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. Section 404 of the clean water act environment federal. Clean water act section 404c veto authority factsheet. Section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. Cwa was enacted, and in 1977 when section 404 was rewritten and the. The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was significantly reorganized and expanded in 1972. When this sentence is made part of an eis, discharges are subject to the section 404 permit requirements or to future authorizations or appropriations with the application of section 404 r. Clean water act section 404 permitting considerations. Guidance on applying section 404r of the clean water act.
Section 404 of the clean water act desco environmental. A history of interfederal agency controversy and reform january 22, 2015. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404r of the clean water act. Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the secretary shall publish the notice required by. Overview of clean water act section 404 a the secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Vetoing wetland permits under section 404c of the clean. You may need a pdf reader to view some of the files on this page. Mar 12, 2018 if no, see section 2 and information gathered for ea alternative. Section 404f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices.
Requires a permit from the army corps of engineers to place dredged or fill material from afrom a point sourcepoint source into the nations waters waters of the u. This video is part of the federalaid essentials for local public agencies web site and resource library. The clean water act handbook, fourth edition the clean water act handbook, fourth edition. Faqs on clean water act state 404 program assumption nahb. An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb.
Section 404 of the clean water act environment federalaid. Dec 02, 2016 a letter from acwa, ecos and aswm to the usace expressing disappointment in the corps position on traditional navigable waters under the clean water act. Section 404c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. Stakeholder materials clean water act 404 assumption adeq. Clean water act section 404 compliance and the nationwide.
Thomas judge letter, june 25, 1977 5 clean water act section 404 program assumption, a handbook for states and tribes, august 2011. Army corps of engineers the corps section 404a or an approved state section 404h to issue. Usace regulatory policy directives memorandum on duration of permits and jurisdictional determinations, timeframes for clean water act section 401 water quality certifications, and application of the 404 b1 guidelines. Water resources council, any areawide waste management plans developed pursuant to section 208 of this act, and any state plan developed pursuant to section 303e of this act. Wright water engineers section 404 clean water act. Clean water act section 404q factsheet section 404 of. This video is an introduction to clean water act, section 404b1. The 404b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. In 2015, the minnesota legislature directed the states board of water and soil. Our nations waters are protected because they provide many functions, such as habitat for fish and. Accessibility download adobe acrobat reader sitemap.
Overview of epa, the clean water act, and the national. The 404 b1 guidelines included in title 40 of the code of federal regulations, part 230, provide the substantive criteria used in evaluating discharges of dredged or fill material in waters of the united states u. Clean water act, section 404 wetlands us epa page 1 of 4. Entergy must obtain authorization from the corps in order to proceed with any activities governed by these statutes at the bayou aux carpes cwa section 404 c site. Sep 15, 2016 section 404 of the clean water act cwa establishes a program to regulate the discharge of dredged or fill material into waters of the united states, including wetlands. This council on environmental quality memorandum establishes procedures for coordinating agency views and formulating administration policy prior to requesting congressional action on projects that may be subject to section 404 r of the clean water act federal water pollution control act, as amended. Congress enacted section 404g of the clean water act cwa to allow states and tribes to take an active role in the permitting of dredge and fill operations. Section 404 of the clean water act establishes a program to regulate the discharge of dredged or fill material into waters of the united states. Wetland and water resources are found on many farms. Usace regulatory policy directives memorandum on duration. Usace regulatory policy directives memorandum on duration of. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill material into the navigable waters at specified disposal sites. Environmental protection agency eparegion 5, for minnesota.