Minnesota federal clean water act section 404 permit. 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. The environmental protection agency epa is proposing to revise the clean water act section 404 b 1 guidelines guidelines to provide for comparison of dredged material proposed for discharge with reference sediment, for the purposes of conducting chemical. Draft 404b1 evaluation the following section 404b1 evaluation is presented in a format consistent with typical. Section 401, water quality certification section 404, discharge of dredged and fill material into waters of the us. 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. Section 404 violations fall into two broad categories. Controversies over redefining fill material under the. Administrator of the environmental protection agency under section 303 of the federal water pollution control act. Clean water act became the act s common name with amendments in 1977. Companion resource for section 404 of the clean water act. Section 404 of the clean water act requires that a permit be obtained from the u. Feb, 2015 usace regulatory program under section 404 a and e of the clean water act cwa usace civil works program state 404 permit programs approved by usepa under section 404 g of the cwa statewide dredged or fill material regulatory programs with bmps approved under section 208b4b and c of the cwa. Cwa section 404 overview 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.
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. The proposed fill activity would comply with the section 404 b1 guidelines of the clean water act. 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. An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. These waterbodies are not regulated under section 10 of the rivers and harbors. Sand and gravel mining in oklahoma waterways guidelines for operators clean water act, section 404 effective date.
Section 404 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st. Applying section 404r of the clean water act to federal. Clean water act section 404 q factsheet pdf 2 pp, 812 k contact us to ask a question, provide feedback, or report a problem. The clean water act cwa establishes the basic structure for regulating discharges of. Section 404 traditional navigable water tnw determinations. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. Evaluation section 404 of the clean water act, discharge of sediments from or through a dam. Section 404 of the clean water act environment federalaid. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. Contact us to ask a question, provide feedback, or report a problem. This is a summary of the legislative history of clean water act section 404 g1. Clean water act section 404q factsheet section 404 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. Aug 24, 2018 clean water act section 404 r for the moorhead metropolitan area flood risk fargo management project project, and as such this section 404 b1 evaluation is not strictly required. Cwa section 404 and 401 permitting workshop final slides. Clean water act section 404 state assumption fact sheet. Exemptions to permit requirements under section 404 f. Using the qualitative habitat evaluation index qhei ohio epa june 2006 exit. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure. Adherence to water quality standards would be monitored. Section 404 of the clean water act permits for the discharge of dredged or. 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. Section 404 requires a permit before dredged or fill material may be discharged into waters of the united states, unless the activity is exempt from. The cwa permit programs were concerned with today are. Certain discharges of dredged or fill material into waters of the united states are also regulated under other authorities of. Section 404 of the cleansection 404 of the clean water act.
The 1972 passage of the clean water act marked an important milestone in the. These criteria are applicable to all 404 permit decisions. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Clean water act section 404 q dispute resolution process, case statistics and references. Prepared by virginia albrecht, jan goldmancarter, and dave ross. Potential state assumption of the clean water act section. Epa pebble 404c proposed determination july 18, 2014 pdf 214 pp, 34 mb additional information. Army corps of engineers the corps section 404 a or an approved state section 404 h to issue. Clean water act section 404 permitting considerations. 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. Under the clean water act cwa, states may seek to implement section 404 that governs dredge and fill activities in wetlands and other waters. On october 22, 2019, the environmental protection agency and department of the army finalized a rule to repeal the 2015 clean water rule and recodify the regulatory text defining waters of the united states wotus that existed prior. Issues to consider for state administration of section 404.
Adot clean water act section 404401 guidance manual. The placement of fill is required to provide the desired benefits. Clean water act section 404c regulations pdf 8 pp, 23k clean water act section 404c factsheet pdf 2 pp, 600k chronology of final section 404c actions. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Sep 29, 2017 implement sections 404b and 4011 of the clean water act, which govern disposal of dredged and fill material inside the territorial sea baseline 230. To do this, the clean water act established national permitting programs and water quality monitoring and reporting requirements. December assumable waters subcommittee presentations. Section 404 of the cwa is the primary federal provision regulating wetlands. 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. Section 404 of the clean water act requires projects proposing discharge of dredged or fill material into any waters of the united states, including wetlands obtain authorization permit. Prior converted cropland under the clean water act for decades, the value of wetlands and efforts to protect them have been recognized in different ways through national policies, federal laws, and regulations. 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.
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 404401 guidance manual adot. However, in order to fully convey the aquatic impacts of the project, this evaluation was prepared. Section 404 c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Landowners seeking to discharge dredged or fill material must obtain a permit. Enforcement under cwa section 404 section 404 of the. In addition to jointly implementing the clean water act section 404 program, epa and the u.
Keystone harbor is located on the west side of whidbey island, in island county, washington. Feb 04, 2020 harbor navigation project during fiscal years fy 2020 to fy 2035. Federalaid essentials for local public agencies general permits are a form of permit used to authorize specific activities determined to have no. An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf. Watershed academy web introduction to the clean water act. 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. Overview of clean water act section 404 section 404 of. For the purpose of this section, the administrator is authorized to make joint investigations with. No toxic effluents that would affect water quality. The central federal regulatory program, authorized in section 404 of the clean water act cwa, requires permits for the discharge. Seemingly routine activities such as adding riprap to stabilize the bank of a wash or constructing a road or trail across a wash, even temporarily, could trigger the need for a 404 permit.
Guidance on conducting wetland determinations for the food security act and section 404 of the clean water act key points february 28, 2005 in 1994, the departments of agriculture, interior and army and the environmental protection agency entered into a. Section 404 of the clean water act codified at 33 usc 44 authorizes the regulation of the discharge of materials into waters of the unites states. Permit program under cwa section 404 section 404 of the. Harbor navigation project during fiscal years fy 2020 to fy 2035. Environmental protection agency region 10 pursuant to section 404 c of the clean water act pebble deposit area, southwest alaska executive summary.
You may need a pdf reader to view some of the files on this page. Army corps of engineers usace in order to legally place dredged or fill material regulated activity into a jurisdictional water of the u. The evaluation is based on the regulations presented in 40 cfr 230. 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. Army corps of engineers usace in order to legally place dredged or. Appendix b1 clean water act section 404b1 evaluation report. Corpsepa definition for clean water act section 404 purposes. Documents associated with the 2015 clean water rule. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot. Appalachian stream mitigation workshop section 404 of. For the purpose of this section, the administrator is authorized to make joint investigations with any such agencies of the condition of any.
If an activity involves the discharge of dredged or fill material into waters of the u. Clean water act section 404 r for the moorhead metropolitan area flood risk fargo management project project, and as such this section 404 b1 evaluation is not strictly required. Certain discharges of dredged or fill material into waters of the united states are also regulated under other authorities of the department of the army. 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. Larger metropolitan areas in the vicinity of gulfport include mobile, alabama. Not later than the fifteenth day after the date an applicant submits all the information required to complete an. The corps and epa have complementary roles under section 404. Rather, section 404 f1 exempts only those activities specifically identified. Requires a permit before dredged or fill material may be discharged into waters of the united states. Location the port of gulfport port is located to the south of the city of gulfport, harrison county, mississippi, but is within the city limits shown on figure 1. Guidance on conducting wetland determinations for the food. Section 404 of the clean water act agency of transportation. Clean water laws, regulations, and executive orders related to.
Clean water act section 404 and usace permitting process. Appendix f clean water act section 404b1 evaluation. It was prepared for deliberation purposes only as background information for the assumable waters subcommittee. Policy and guidance documents under cwa section 404. Section 404 b1 guidelines in 1980, epa finalized regulations that constitute the substantive environmental criteria used in evaluating activities regulated under section 404 of the clean water act.
The determination of what is fill material is important, since fill material is subject to 404. This webpage gives an overview of how the agencies implement this shared authority. Clean water act section 404c veto authority factsheet. 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. Michelle hale of alaskas department of environmental conservation.
Section 404 f of the clean water act provides a list of activities exempt from regulation. This proposed determination relies on clear epa authorities under the clean water act cwa, and is. Overview of section 404 section 404 of the clean water. This pdf file was adapted from an online training module of the epas watershed academy web, found at. Controversies over redefining fill material under the clean water act congressional research service 3 among others, dredged spoil, solid waste, chemical wastes, biological materials, rock, sand, and cellar dirt discharged into water. Clean water act section 404q factsheet pdf 2 pp, 812 k.
A clean water act section 404 permit is required for activities that disturb the ground or add material in a water of the u. Overview of section 404 section 404 of the clean water act. Call the epa wetlands protection hotjine 1 us8oo 832 7828 hothne hours mondayfrt ay, 9 oo am to 5. May 20, 2010 authorities section 404 of the clean water act cwa requires that discharges of dredged or fill material into waters of the united states be authorized by a permit from the u. Army corps of engineers corps share section 404 enforcement authority. Section 404 of the clean water act environment federal. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or. Army corps of engineers under section 404 of the clean water act. 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. The program is administered by the army corps of engineers through the navigation and navigable waters regulations 33 cfr 320338 when it is required. Clean water act section 404clean water act section 404. Section 404 of the federal clean water act cwa regulates the discharge of dredged or fill material into waters of the u. Pdf 2 pp, 704 k contact us to ask a question, provide feedback, or report a problem.
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. Section 319 section 401 section 404 state revolving loan fund. Section 404 traditional navigable water tnw determinations within the seattle district, corps of engineers regulatory boundary listed below are traditional navigable waterbodies regulated by the u. Appendix r port of gulfport expansion project mississippi state port authority section 404 b1 evaluation u. 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 environmental protection agency epa is proposing to revise the clean water act section 404 b1 guidelines guidelines to provide for comparison of dredged material proposed for discharge with reference sediment, for the purposes of conducting chemical, biological, and physical evaluations and testing. 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. Section 404 b1 guidelines for specification of disposal sites for dredged or fill material. Guidance on applying section 404r of the clean water act. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. The environmental quality council discussed proposed revisions to federal rules for administration of section 404 of the clean water act twice this interim. 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. Clean water act section 404 program assumption association of. Section 404 of the clean water act alaska district, u.
F derai wctidnd regulatory programs section 404 of the clean water act swampbuster status of federal government ai actons regulati. 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. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Clean water act section 404q factsheet section 404 of. Compensatory mitigation for losses of aquatic resources. Section 404 clean water act and section 10 rivers and harbors. 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. Clean water act section 404 and agriculture section 404. The regulations implement sections 404 b and 4011 of the clean water act, which govern disposal. Environmental protection agency eparegion 5, for minnesota. This section 404 b1 evaluation addresses discharges of dredged or fill material into waters of.
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