Inland testing manual pdf 176 pp, 9 mb, february 1998, epa823b98004 contact us to ask a question, provide feedback, or report a problem. 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. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. Our nations waters are protected because they provide many functions, such as habitat for fish and. 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. The cwa permit programs were concerned with today are. Section 404 c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Clean water act section 404q factsheet pdf 2 pp, 812 k. Prepared by minnesota department of natural resources and the board of water and soil resources in december 2014 minnesotas 2015 wetland conservation act statute changes pdf pp, 343 k, 9102015.
Overview of section 404 section 404 of the clean water. Clean water act section 404401 guidance manual adot. Overview of section 404 section 404 of the clean water act. In section 518e of the clean water act cwa, congress authorized the environmental protection agency epa to treat eligible federally recognized indian tribes in a similar manner as a state for purposes of administering section 303 and certain other provisions of the cwa, and directed the agency to promulgate regulations effectuating this. Developing a slightly different test, the eleventh circuit. As compared to the facts in dolan, the clean water act section 404 program generally does not require property owners to provide public access across or along their property. Midcourse corrections in the section 404 program wetlands have increasingly become the focal point in the epas efforts to define the jurisdiction and scope of coverage of the section 404 regulatory program. Harbor navigation project during fiscal years fy 2020 to fy 2035. Cwa section 404 and 401 permitting workshop final slides. Wetland and water resources are found on many farms. Section 404 of the clean water act permitting and investigation. Inland testing manual under cwa section 404 section 404 of the. Epa, and the states under sections 402 and 405 of the clean water act, 33. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u.
Clean water laws, regulations, and executive orders related to. Section 404 of the cwa is the primary federal provision regulating wetlands. These resources include streams, ponds, bogs, marshes, swamps, and wet meadows, among others. As a result of intense educational efforts by the scientific. Subject to subsection c of this section, each such disposal site shall be specified for each such permit by the secretary 1 through the application of guidelines developed by the administrator, in conjunction with the secretary, which guidelines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under section 43. Under section 404 of the clean water act, it is unlawful to discharge dredged or fill material. Cwa section 404 enforcement overview section 404 of the. Adot clean water act section 404401 guidance manual. 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. As demonstrated by the following example, epa and the corps reserve their criminal enforcement authority for only the most flagrant and egregious section 404 violations. Section 404 f of the clean water act trench warfare over maintenance of agricultural drainage ditches. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i.
Obtaining the required permitting is an obstacle that can delay or derail a project if not aptly managed. Activities in waters of the united states that are regulated under this program include fills for development, water resource. 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 mining projects. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or. Section 404 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st. Clean water act section 404 deals only with the filling of wetlands. Clean water act section 404 q dispute resolution process, case statistics and references. Army corps of engineers toarmy corps of engineers to issue permits for the discharge of dredged or fill material into issue permits for the discharge of dredged or fill material intosurface waters, including wetlands. This video is part of the federalaid essentials for local public agencies web site and resource library. General permits under section 404 of the clean water act. Wwe has successfully obtained permits for projects of all sizes.
Section 10 of the rivers and harbors act of 1899 and section 404 of the clean water act sections 10 and 404 note. 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 permits for the discharge of dredged or fill material into waters of the united states includes most wetlands at specified disposal sites. Clean water act section 404q dispute resolution process, case statistics and references.
Feb 04, 2020 harbor navigation project during fiscal years fy 2020 to fy 2035. State assumption of the section 404 program of the clean. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. Guidance on applying section 404r of the clean water act. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Tier 1 objectives the purpose of the tier 1 evaluation is to compile readily available, existing information in order to make a factual determination regarding compliance with the clean water act cwa section. Contact us to ask a question, provide feedback, or report a problem. Healthy wetlands provide people with drinking water purification, groundwater recharge, flood control and pollution control, among other benefits. The section 404 program does not include an option for partial assumption by states. Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. This appendix evaluates compliance with the section 404b1 guide lines of the clean water act guidelines.
The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. Part 230 section 404 b1 guidelines for specification of disposal. 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. The clean water act exempts from the section 404 program discharges associated with normal farming, ranching and forestry activities such as plowing, cultivating, minor drainage, and harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices section 404 fla. These criteria are applicable to all 404 permit decisions. In accordance with section 404 of the clean water act, this integrated document also evaluates whether it is in the public interest to undertake the federal action. 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. The clean water rule published on june 29, 2015 in the. Agency interpretaton on applicability of section 402 of the. Army corps of engineers usace in order to legally place dredged or fill material regulated activity into a jurisdictional water of the u.
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. Under section 404 of the clean water act, it is unlawful to discharge dredged or fill material into waters of the united states without first receiving authorization from the u. Cwa 404 assumption requirements cwa 404g states and tribes may assume administration of the cwa dredge and fill permitting program cwa 404hl and 40 cfr part 233 describe. Issues to consider for state administration of section 404. See draft environmental assessment, supra note 5, at 2226. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. This is the primary federal authority regulating the physical alteration of wetlands, as well as other waters of the united states, a nd complements the. State and tribal program requirements procedures epa follows and criteria epa applies in the approval and oversight of cwa 404g programs.
Army corps of engineers usace is required to analyze. Clean water act section 404q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. This nwp authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the clean water act section 404 f exemption for maintenance. Clean water act section 404 permit application process version. Inland testing manual under cwa section 404 section 404. 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. If an activity involves the discharge of dredged or fill material into waters of the u. Section 404 of the clean water act requires that a permit be obtained from the u. Permit program under cwa section 404 section 404 of the. For opponents of the act, section 404 had, as a result of this concern, become a symbol of. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. You may need a pdf reader to view some of the files on this page.
The inland testing manual is national guidance which provides best available methods for this cwa. 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. Intro clean water acts objective to restore and maintain the chemical, physical, and biological integrity of the nations waters. The corps draft environmental assessment reports that many onsite compensatory mitigation. 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. A discharge of dredged or fill material involves the physical placement. After youve completed the quiz, check your answers with the ones provided at the bottom of the page. Clean water act section 404 regulatory program and. 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.
Overview of clean water act section 404 section 404 of. Mitigation under section 404 of the clean water act and section 10 of the rivers and harbors act, 65 fed. Regulates activities in lakes, streams, and wetlands. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot. X 2 jeopardize the existence of federallylisted endangered or threatened species or their habitat. Companion resource for section 404 of the clean water act. In its evaluation of permit applications to discharge dredged or fill material into waters of the u. Brief history of the 2015 clean water rule the clean water act cwa is the principal federal law governing pollution of the nations surface waters. The placement of fill is required to provide the desired benefits. To do this, the clean water act established national permitting programs and water quality monitoring and reporting requirements.
A da permit pursuant to section 404 of the clean water act is required for the. Rather, section 404 f1 exempts only those activities specifically identified. Compartmentalized thinking and the clean water act uf law. 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.
Minnesota federal clean water act section 404 permit. Under section 404 g of the clean water act cwa, states and tribes are authorized to take an active role in the permitting of the discharge of dredged and fill material within their jurisdiction. Appendix f clean water act section 404b1 evaluation. Section 404 of the clean water act environment federalaid. Clean water act section 404 f exemptions section 404 f of the clean water act provides a list of activities exempt from regulation. Allows state implementation of equivalent program, eliminating the need for separate permits. Clean water act section 404f exemptions sacramento district. Clean water act section 404 permitting considerations. Preparing an alternatives analysis under section 404 of. Clean water act section 404q factsheet section 404 of the. Section 404 of the clean water act regulates activities that discharge into wetlands and other waters of the u. 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. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. Introduction to the clean water act watershed academy.
Section 10 of the rivers and harbors act of 1899 work or structures in or affecting navigable waters section 404 of the clean water act discharge of dredged or fill material into waters of the. Applying section 404r of the clean water act to federal. Clean water act section 404b1 contaminant determination. Mar 12, 2018 if no, see section 2 and information gathered for ea alternative. 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 was prepared for deliberation purposes only as background information for the assumable waters subcommittee.
This appendix evaluates compliance with the section 404 b1 guide lines of the clean water act guidelines. Mar 03, 2016 since enactment of the clean water act, epa and the corps have used their criminal enforcement authorities sparingly in response to section 404 violations. 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. For example, the primary purpose test in the corps definition. 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. 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. 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. Clean water act overview clean water act overview spotlight on stormwater cwa section 402 rich campbell, epa region 9 office of regional counsel epa clean water act tribal workshop august 14, 2008. Section 404 clean water act and section 10 rivers and harbors. Wright water engineers section 404 clean water act. States cannot seek to assume the 404 program for only specific geographic areas or certain types of.
Watershed academy web introduction to the clean water act. The goal of the guidelines is to restore and maintain, the chemical, physical. 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. 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. 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. Many people give credit to the federal clean water act cwa, but the cwas role in such improve. The clean water act cwa establishes the basic structure for regulating discharges of. Prepared by virginia albrecht, jan goldmancarter, and dave ross. Where both of sections 402 and 404 of the federal water pollution control act 33 u. Clean water act section 404q factsheet section 404 of.
This is a summary of the legislative history of clean water act section 404 g1. Section 404 of the clean water act environment federal. The proposed fill activity would comply with the section 404 b1 guidelines of the clean water act. The clean water act cwa is the primary federal law in the united states governing water. Congress intended to leave oversight ofwater transfers to water resource. Clean water act became the act s common name with amendments in 1977. There are no practical and feasible alternatives to the placement of fill in the proposed sites that would meet the objecti ves and goals of this project. The governor of any state desiring to administer its own individual and general permit program for the discharge of dredged or fill material into the navigable waters other than those waters which are presently used, or are susceptible to use. F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. Keystone harbor is located on the west side of whidbey island, in island county, washington. Briefing paper on clean water act section 404 assumption in minnesota.