Clean water act section 404q factsheet section 404 of. Section 404f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. These resources include streams, ponds, bogs, marshes, swamps, and wet meadows, among others. Overview of section 404 section 404 of the clean water act. 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. Wwe has successfully obtained permits for projects of all sizes. Clean water act section 404q factsheet section 404 of the. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Clean water act section 404 q dispute resolution process, case statistics and references. Clean water act became the act s common name with amendments in 1977. Section 404 clean water act and section 10 rivers and harbors.
In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. Our nations waters are protected because they provide many functions, such as habitat for fish and. Section 404f of the federal water pollution control act commonly known as the clean water act3 attempts to address some of these difficult issues. General permits under section 404 of the clean water act steven g. Montana landuse license or easement on navigable waters h. 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.
Faqs on clean water act state 404 program assumption nahb. 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. The clean water act handbook, fourth edition the clean water act handbook, fourth edition. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. This video is part of the federalaid essentials for local public agencies web site and resource library. Restoration of wetlands under section 404 of the clean water. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. 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. This pdf file was adapted from an online training module. 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. Overview of section 404 section 404 of the clean water. 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. Section 404 of the clean water act environment federalaid. An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb.
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. This video is an introduction to clean water act, section 404b1. Clean water act section 404401 guidance manual adot. National environmental policy act clean water act section. 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.
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. Environmental protection agency eparegion 5, for minnesota. 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. 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. Clean water act section 404 permitting considerations. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot. Section 404 clean water act overview riparian workshop. Reconsidering section 404 of the clean water act, 17 land and water l. Thomas judge letter, june 25, 1977 5 clean water act section 404 program assumption, a handbook for.
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. Accessibility download adobe acrobat reader sitemap. The clean water act cwa is the cornerstone of surface water. Section 404 of the clean water act environment federal.
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. Usace regulatory policy directives memorandum on duration. Mar 12, 2018 if no, see section 2 and information gathered for ea alternative. Army corps of engineers and the environmental protection agency. Clean water act section 404 and agriculture section 404. Congress intended to leave oversight ofwater transfers to water resource. Stakeholder materials clean water act 404 assumption.
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. Overview of epa, the clean water act, and the national. Corps of engineers assumable waters letter to mn pdf. Shortterm water quality standard for turbidity 318 authorization g. Stakeholder materials clean water act 404 assumption adeq. States and federal agencies share critical roles in. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. Clean water act section 404c regulations section 404 of the. By enacting a limited exception from the individual permit requirement under sections 404f1c and 404f2, congress attempted to craft a delicately balanced compromise.
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. Usace regulatory policy directives memorandum on duration of. 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. Applying section 404r of the clean water act to federal.
The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. 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. 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. Healthy wetlands provide people with drinking water purification, groundwater recharge, flood control and pollution control, among other benefits. For detailed information on this topic please visit the u.
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. While 52 % of surveyed epa regulators had used such estimates at least once, only 3 % reported using them frequently. Section 404 of the clean water act permitting and investigation. Federalaid essentials for local public agencies general permits are a form of permit used to authorize specific activities determined to have no. 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. Thomas judge letter, june 25, 1977 5 clean water act section 404 program assumption, a handbook for states and tribes, august 2011. Clean water act section 404c veto authority factsheet. Clean water act, section 404 wetlands us epa page 1 of 4. Mitigation under section 404 of the clean water act. Farming and section 404 of the clean water act epa. Agency interpretaton on applicability of section 402 of the. 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. Montana water use act water right permit and change authorization i.
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. Section 404 clean water act regulates the discharge of dredged or fill material in waters of the u. Permit program under cwa section 404 section 404 of the. 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. Army corps of engineers the corps section 404a or an approved state section 404h to issue. These criteria are applicable to all 404 permit decisions. General permits under section 404 of the clean water act. Section 404 of the cleansection 404 of the clean water act. The clean water act contains two different permitting regimes. Clean water act became the acts common name with amendments in 1977. Overview of clean water act section 404 permitting john a.
Controversies over redefining fill material under the clean water. Consistent with the clean water acts cwas federalstate approach to managing surface. Clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue.
Overview of clean water act section 404 section 404 of. Vetoing wetland permits under section 404c of the clean. Under section 404 of the clean water act, it is unlawful to discharge dredged or fill material into. Clean water act section 404clean water act section 404. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Guidance on applying section 404r of the clean water act. Companion resource for section 404 of the clean water act. Oct 24, 2016 this video is part of the federalaid essentials for local public agencies web site and resource library. Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. In 2015, the minnesota legislature directed the states board of water and soil. Regulates the discharge of dredged or fill materials into wetlands and other. 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.
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. Use of monetary wetland value estimates by epa clean water. A history of interfederal agency controversy and reform january 22, 2015. Agency interpretaton on applicability of section 402 of. Wright water engineers section 404 clean water act. Wetland and water resources are found on many farms.
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. 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. Midcourse corrections in the section 404 program james r. Section 404 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st. Restoration of wetlands under section 404 of the clean. 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. 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. Appendix f clean water act section 404b1 evaluation. Federal rivers and harbors act section 10 permit f. 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. Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. 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. 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. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices.
Issues to consider for state administration of section 404. X 2 jeopardize the existence of federallylisted endangered or threatened species or their habitat. 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. You may need a pdf reader to view some of the files on this page. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. 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. Rather, section 404f1 exempts only those activities specifically identified. Activities in waters of the united states regulated under this program include fill for development, water resource projects. 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. Section 404 of the clean water act twice this interim.
Section 404 of the clean water act an overview of the law that serves to restore and maintain the integrity of the nations waters. Clean water act section 404 q 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. Clean water act section 404 compliance and the nationwide. Dvids video clean water act section 404 b 1 guidelines. Assumable waters under the clean water act section 404. Activities in waters of the united states that are regulated under this program include fills for development, water resource. This chapter describes the evolution of compensatory mitigation requirements in the clean water act cwa section 404 program, including agency guidance.
Clean water act section 404q factsheet pdf 2 pp, 812 k. 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. Rather, section 404 f1 exempts only those activities specifically identified. Section 404 of the clean water act desco environmental. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. 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. Clean water act section 404q dispute resolution process, case statistics and references. 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. Adot clean water act section 404401 guidance manual. 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. Section 404c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. 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.
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