Appendix f clean water act section 404b1 evaluation. Army corps of engineers usace regulatory guidance letter. 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 the corps section 404 a or an approved state section 404 h to issue. Rather, section 404 f1 exempts only those activities specifically identified. The clean water act cwa section 404 exemptions are very specific and generally limited in their scope. These waterbodies are not regulated under section 10 of the rivers and harbors. Section 404 of the clean water act requires that a permit be obtained from the u. Evaluation section 404 of the clean water act, discharge of. Clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u. Clean water act became the act s common name with amendments in 1977. Section 404 clean water act and section 10 rivers and harbors. Clean water act section 404 permit application process page 3 of 3 developed by the national renewable energy laboratory for the.
Army corps of engineers pursuant to section 404 of the clean water act 33 u. Applying section 404r of the clean water act to 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. Clean water act section 404q dispute resolution process, case statistics and references. 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. The program is administered by the army corps of engineers through the navigation and navigable waters regulations 33 cfr 320338 when it is required. Section 404 clean water act and section 10 rivers 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. Surface coal mining initiative actions this page provides updates and background information regarding epas recent activities under the clean water act section 404, clean water act section 402, and national environmental policy act nepa. Epa pebble 404c proposed determination july 18, 2014 pdf 214 pp, 34 mb additional information. Section 404 and the significance of these issues, especially for the mining industry.
Controversies over redefining fill material under the. Section 404 of the clean water act environment federalaid. To do this, the clean water act established national permitting programs and water quality monitoring and reporting requirements. In july, the eqc asked staff for more information related to state assumption of the permitting program that is jointly administered by the u. Cwa section 404 and 401 permitting workshop final slides.
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. Growing public awareness and concern for controlling water pollution led to enactment of the federal water pollution control act amendments of 1972. Section 404f of the clean water act cwa provides activities which are exempt from regulation under section 404 of the clean water act i. 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 codified at 33 usc 44 authorizes the regulation of the discharge of materials into waters of the unites states. Clean water act section 404r for the moorhead metropolitan area flood risk fargo management project project, and as such this section 404b1 evaluation is not strictly required. 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. 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. Overview of clean water act section 404 permitting john a. Companion resource for section 404 of the clean water act. Evaluation section 404 of the clean water act, discharge.
The program is administered by the army corps of engineers through the navigation and navigable waters regulations 33 cfr 320338. The basis of the cwa was enacted in 1948 and was called the federal water pollution. Section 404 of the clean water act agency of transportation. States and federal agencies share critical roles in. X 2 jeopardize the existence of federallylisted endangered or threatened species or their habitat. Section 404 of the clean water act alaska district, u. Clean water act section 404 state assumption fact sheet. Section 404 of the clean water act referred to as section 404 established a permitting program to regulate. The clean water act contains two different permitting. Clean water act became the acts common name with amendments in 1977. Guidance on applying section 404r of the clean water act. Usace regulatory program under section 404a and e of the clean water act cwa usace civil works program state 404 permit programs approved by usepa under section 404g of the cwa statewide dredged or fill material regulatory programs with bmps approved under section 208b4b and c of the cwa. 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.
Section 404 clean water act and section 10 rivers and harbors act permit guidance manual a cooperative effort of the st. Evaluation section 404 of the clean water act, discharge of sediments from or through a dam. 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. The clean water act cwa is the primary federal law in the united states governing water.
Clean water act, section 404 f exemptions efotg efotg. 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 404b1 evaluation u. Clean water act section 404q factsheet section 404 of. These criteria are applicable to all 404 permit decisions. For opponents of the act, section 404 had, as a result of this concern, become a symbol of. Section 404 of the clean water act codified at 33 usc 44 authorizes the regulation of the. However, in order to fully convey the aquatic impacts of the project, this evaluation was prepared. Section 404 traditional navigable water tnw determinations. 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. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or.
Section 404 of the clean water act permits for the discharge of dredged or. Alaska 404 program development alaska dec state of alaska. Clean water act section 404c veto authority factsheet. In april of 2018, governor ducey signed sb14931 into law, granting the state the authority to develop rules to assume the program consistent with the clean water act cwa read bill federal authority. Documents associated with the 2015 clean water rule. Activities in waters of the united states regulated under this program include fill for development, water resource projects such as dams and levees, infrastructure.
Issues to consider for state administration of section 404. Federalaid essentials for local public agencies general permits are a form of permit used to authorize specific activities determined to have no. Section 404 clean water act permits the environmental quality council in july 2014 requested information about montana assuming control of administering permits for dredge and fill activities regulated by the federal government under section 404 of the clean water act. 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.
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. Section 404c, however, authorizes epa to restrict, prohibit, deny, or withdraw the use of an. Rather, section 404f1 exempts only those activities specifically identified. Controversies over redefining fill material under the clean.
This version of the 404b1 guidelines, published in 2010, includes the expanded compensatory mitigation requirements that were added in 2008. Army corps of engineers and the environmental protection agency. State evaluation of assumption of a clean water act section 404 regulatory program pdf. 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 404q factsheet section 404 of the. Clean water act section 404 and usace permitting process.
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. 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. Corpsepa definition for clean water act section 404 purposes. Permit program under cwa section 404 section 404 of the clean. Appendix b1 clean water act section 404b1 evaluation report. Pdf 2 pp, 704 k contact us to ask a question, provide feedback, or report a problem. Section 404b1 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. Overview of section 404 section 404 of the clean water. Larger metropolitan areas in the vicinity of gulfport include mobile, alabama. The eqc also asked for a proposed study resolution to discuss in september. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28. Policy and guidance documents under cwa section 404.
Under section 404b1, in deciding on such a permit, the corps must apply guidelines issued by the environmental protection agency epa. An overview of the law that serves to restore and maintain the integrity of the nations waters companion resource pdf, 240 kb. Army corps of engineers usace in order to legally place dredged or fill material regulated activity into a jurisdictional water of the u. 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. 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.
For the purpose of this section, the administrator is authorized to make joint investigations with any such agencies of the condition of any. 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 twice this interim. Clean water act section 404 permitting considerations. Applying section 404r of the clean water act to federal projects which involve the discharge of dredged or fill materials into waters of the u. 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. This section 404b1 evaluation addresses the discharge of dredged or fill material into the waters of the.
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. Overview of section 404 section 404 of the clean water act. Army corps of engineers usace in order to legally place dredged or. Stakeholder materials clean water act 404 assumption. Section 404f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. 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. Under the clean water act cwa, states may seek to implement section 404 that governs dredge and fill activities in wetlands and other waters. 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.
Army corps of engineers the corps section 404a or an approved state section 404h to issue. The central federal regulatory program, authorized in section 404 of the clean water act cwa, requires permits for the discharge. The secretary may issue permits, after notice and opportunity for public hearings for the discharge of dredged or fill. 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. 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. 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 contact us to ask a question, provide feedback, or report a problem. Sand and gravel mining in oklahoma waterways guidelines for operators clean water act, section 404 effective date. This section 404b1 evaluation addresses discharges of dredged or fill material into waters of. Sep 20, 2012 clean water act cwa or act establishes the basic structure for regulating discharges of pollutants into u.
The water resources development act wrda of 1986 public law 99662 dated november 17. As amended in 1977, this law became commonly known as the clean water act. Section 404 f1 does not provide a total automatic exemption for all activities related to agricultural, silvicultural, ranching, mining and maintenance practices. Appendix b1 clean water act section 404b1 evaluation. Administrator of the environmental protection agency under section 303. The determination of what is fill material is important, since fill material is subject to 404. Certain discharges of dredged or fill material into waters of the united states are also regulated under other authorities of.
Army corps of engineers, galveston district 2000 fort point road galveston, texas 77550. 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. The determination of what is fill material is important, since fill. 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. 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. 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. 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. Paul district corps of engineers and the minnesota department of transportation kelly urbanek, usace sarma straumanis, mndot john mackner, mndot. Army corps of engineers under section 404 of the clean water act.
Permit program under cwa section 404 section 404 of the. Presentation for the mndot environmental stewardship and streamlining workshop by tim smith march 28, 2007 presentation for the by march 28, 2007. Clean water act section 404 program assumption association of. Section 404 of the clean water act environment federal. The cwa permit programs were concerned with today are. Section 401, water quality certification section 404, discharge of dredged and fill material into waters of the us. 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.
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