Administrator of the environmental protection agency under section 303 of the federal water pollution control act. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007. Rosemont copper project, clean water act section 404. Fact sheet certified wetland determinations introduction certified wetland determinations offer landowners the assurance of a final wetland determination for areas they intend to manipulate on their land. The history of clean water act 404 g1 which specifies those waters for which states may administer the permit program for the discharge of dredged or fill material. An overview of the law that serves to restore and maintain the integrity of the nations waters. Epa to veto its own veto authority under the clean water act. Case studyremoval and restoration of instream sediment. Clean water act section 404401 guidance manual adot. Stateassumption of section 404 of federal clean water act leslemm wetlands section manager.
Policy and guidance section 404 of the clean water act. Contact us to ask a question, provide feedback, or report a problem. Overview of clean water act section 404 section 404 of. This pdf file was adapted from an online training module of the epas watershed academy web, found at.
Regulatory guidance letter 9602 joint army corpsepa rgl on the applicability of exemptions under section 404 f to deepripping activities in wetlands. Under section 404 b1, in deciding on such a permit, the corps must apply guidelines issued by the environmental protection agency epa. 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. A section 404 permit is required if either of the following occurs. The environmental protection agency epa proposes to extend coverage under an existing clean water act section cwa 404 c exception for the continued operation and maintenance of a portion of an electrical transmission line and a portion of a distribution line at the bayou aux carpes site in jefferson parish, louisiana.
Section 404 of the clean water act environment federalaid. This publication is complemented by savannah districts checklists, forms, guidance, tables, and regional permits as it relates to section 404 of 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 404 c site. Clean water act section 404 compliance and the nationwide. 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. Army corps of engineers corps regulates the discharge of dredged andor fill.
For the purpose of this section, the administrator is authorized to make joint investigations with any such agencies of the condition of any. Epa home office of water wetlands, oceans, and watersheds wetlands clean water act section 404 c. Permit program under cwa section 404 section 404 of the. Cwa section 404 and 401 permitting workshop final slides. Corps regulatory guidance letters rgls on the corps of engineers home page access to the guidance the corps issues to its field staff. 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 letter constitutes a 60day notice of intent to file a citizen suit against epa pursuant to section 505 of the cwa, 33 u. An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Staff draft deliberative prepared for the fall 2015 meeting of the assumable waters subcommittee of the national advisory council for environmental policy and technology. Information about federal clean water act section 404 permit in the permitting of renewable. Overview of section 404 section 404 of the clean water act. Purpose and scope the united states department of the army army and the united states environmental protection agency epa hereby establish policy and procedures pursuant to which they will undertake federal enforcement of the dredged and fill material permit.
Except as provided in section ii below, this policy is not intended for use by epa, violators, administrative judges or courts in determining penalties at hearing or trial. A certified determination will not change as long as. The cwa permit programs were concerned with today are. 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. These criteria are applicable to all 404 permit decisions. Clean water act section 404q factsheet section 404 of.
Use it or lose it clean water act 101 hank graddy sierra sentinels july 10, 2017. Minnesota federal clean water act section 404 permit. The army corps of engineers issues permits that are needed for any work, including construction and dredging, in the nations navigable waters. Guidance on applying section 404r of the clean water act. Section 404 of the clean water act environment federal. 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.
If an activity involves the discharge of dredged or fill material into waters of the u. Army corps of engineers pursuant to section 404 of the clean water act 33 u. Final revisions to the clean water act regulatory definitions of fill material and discharge of fill material permit regulations regulations, established by the army corps of engineers, that specifies the procedures and criteria for the issuance of section 404 permits. Clean water act section 404 and agriculture section 404. Army corps section 404 section 10 section 404 permits indot construction activity often requires excavation andor discharge of dredged or fill material in waters of the u. The goals of the clean water act of 1972 section 101a1 national goal. According to the clean water act, section 404 c authority may be exercised before a permit is. 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. Clean water act section 404 and usace permitting process. 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. Watershed academy web introduction to the clean water act. Clean water act section 404c veto authority factsheet.
Environmental protection agency nacept subcommittee meeting on assumable waters october 6, 2015. Clean water act section 404 permit rapid toolkit openei. Total maximum daily load program california state water. Section 404 f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Primaryfederalstate water regulatory authorities in mn 1 federal clean water act section 404 u. The federal clean water act cwa was written to protect and restore the quality of the united states surface waters.
Clean water act section 404 f exemptions section 404 f of the clean water act provides a list of activities exempt from regulation. Overview of section 404 section 404 of the clean water. Documents associated with the 2015 clean water rule section. To do this, the clean water act established national permitting programs and water quality monitoring and reporting requirements. Federal enforcement for the section 404 program of the clean water act i. Corpsepa definition for clean water act section 404 purposes. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. 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. Section 404 of the clean water act requires a permit for the discharge of dredged or fill material into the navigable waters.
Case study removal and restoration of instream sediment ponds pdf 17 pp, 4 mb contact us to ask a question, provide feedback, or report a problem. Section 319 section 401 section 404 state revolving loan fund. Areas that are inundated or saturated by surface or ground waterat a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetationtypically adapted for life in saturated soil conditions. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such an effluent standard or limitation, or such an order, or to order the administrator to perform such act or duty, as the case may be, and to apply any appropriate civil penalties under section 19d of this title. Minnesota section 404 assumption feasibility study section 3.
The usace regulates the discharge of dredged or fill material into waters of the united states pursuant to the section 404 of the clean water act and title 33 cfr 323 permits for discharges of dredged or fill. State assumption of the section 404 program of the clean. Clean water act section 404c regulations section 404. Federal enforcement for the section 404 program of the. Army corps of engineers the corps under section 404 a, 9 or an approved state under section 404 h 10 to issue permits.
Clean water act section 404c regulations section 404 of the. Under both scenarios, the state would presumably also have to bear the cost of any associated public hearings and legal costs of notice, appeals, and. Clean water act section 404c regulations pdf 8 pp, 23 k contact us to ask a question, provide feedback, or report a problem. Laws, regulations, executive orders section 404 of the. Section 401, water quality certification section 404, discharge of dredged and fill material into waters of the us. 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. As part of the submittal of the final habitat mitigation and monitoring plan hmmp, dated september 12, 2017, rosemont copper rosemont provided a document titled rosemont hmmp evolution discussion. Regulations established by the epa that constitute the substantive environmental criteria used in evaluating activities regulated under section 404 of the clean water act.
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