What is a nationwide 404 permit?
Under Section 404(e) of the Clean Water Act, the U.S. Army Corps of Engineers (Corps) can issue general permits to authorize activities that have minimal individual and cumulative adverse environmental effects. General permits can be issued for a period of no more than five years.
What does section 404 regulate?
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. Proposed activities are regulated through a permit review process. An individual permit is required for potentially significant impacts.
Who is exempt from the CWA?
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(f)(1)(A …
What agencies have authority for CWA section 404?
The Army Corps of Engineers issues permits that are needed for any work, including construction and dredging, in the nation’s navigable waters. Learn about the CWA Section 404 permit program.
Can you fill in wetlands in NC?
Filling or dredging wetland features requires a 404 permit, obtained from the U.S. Army Corps of Engineers, and a subsequent state-level version from the Division of Water Resources with a 401 permit. The new WOTUS ruling shifts the burden of oversight responsibility to states — an unwelcome task for North Carolina.
What is section10 waters?
Under section 10, permits are required for structures or work in navigable waters of the United States, which include waters subject to the ebb and flow of the tide and waters that are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
What NWP 12?
The existing NWP 12 authorizes eligible discharges of dredged or fill material into waters of the United States in connection with the construction, maintenance, repair, and removal of utility lines, including oil and gas pipelines, water and sewer pipes, and electric, internet, and cable lines.
Can you dredge a wetland?
In general, Section 404 of the Clean Water Act requires permits for the discharge of dredged or fill material into waters of the United States, including wetlands.
What is a jurisdictional wetland?
Jurisdictional Delineations are performed on a property in order to delineate which waters are Waters of the U.S. and are therefore subject to CWA 404. Most often, a preliminary jurisdictional delineation is submitted to the Army Corps by the permit applicant, which the Corps then verifies.
What agencies are responsible for Section 404 permits that allow dredge or fill materials to be deposited in navigable waters within Texas?
The Army Corps of Engineers issues permits that are needed for any work, including construction and dredging, in the nation’s navigable waters.
What do you need to know about Section 404 permitting?
It is very common for a property to have streams (a water of the United States), and no wetlands. If a site does not include waters of the United States, no further consideration under Section 404 is required. Documenting this determination is always recommended, but proof of absence is not required by USACE.
What is the basis of jurisdiction under Section 404?
Waters of the United States form the basis of jurisdiction under Section 404. As defined in the Federal Register, waters generally include interstate waters, certain intrastate waters, impoundments of said waters, tributaries, and adjacent wetlands.
What does Section 404 of the CWA do?
1 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. 2 Agency Roles and Responsibilities. The roles and responsibilities of the Federal resource agencies differ in scope. 3 Additional Section 404 Information
What is Section 404 of the Clean Water Act?
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.