What triggers a 404 permit?
A Section 404 permit is required if the proposed activity will involve a jurisdictional act (dredging or filling) in a jurisdictional area (a water of the United States). Examples of dredging activities include excavation, clearing of vegetation and the removal of trash.
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. Learn about the CWA Section 404 permit program.
What is the 404 assumption?
State assumption of the 404 program allows a state to regulate those waters—including streams and wetlands—and assume the jurisdictional responsibility to condition, approve or deny dredge and fill permits rather than the Corps.
What agencies have authority for CWA section 404?
While EPA administers the bulk of the CWA, the Corps is responsible for implementing the section 404 permitting program. However, EPA retains some authority to oversee and regulate certain aspects of the program. The following is a general overview of each agency’s responsibilities under section 404 of the CWA.
What is the Section 404 permit?
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.
What is a Section 10 water?
Section 10 of the Rivers and Harbors Act requires ACOE authorization for work or structures in or affecting “navigable waters”.
What is dredge fill material?
“Dredge” is material that is excavated or dredged from waters of the United States. “Fill material” means any material used for the primary purpose of replacing an aquatic area with dry land or changing the bottom elevation of a water body.
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.
What is Section 401 of the Clean Water Act?
Section 401 Certification The Clean Water Act (CWA) gives states and authorized tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States.
What does Section 404 of SOX require?
SOX Section 404 (Sarbanes-Oxley Act Section 404) mandates that all publicly-traded companies must establish internal controls and procedures for financial reporting and must document, test and maintain those controls and procedures to ensure their effectiveness.
What are 3 criteria for an area to be considered a wetland?
For purposes of this classification, wetlands must have one or more of the following three attributes: (1) at least periodically, the land supports predominantly hydrophytes; (2) the substrate is predominantly undrained hydric soil; and (3) the substrate is nonsoil and is saturated with water or covered by shallow …
What is Section 10 of the Rivers and Harbors Act?
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) prohibits the unauthorized obstruction or alteration of any navigable water of the United States.
What do you need to know about Section 404 permitting?
Do I need a 404 permit?
You do not generally need a permit under Section 404 if your discharges of dredged or fill material are associated with normal farming, ranching, or silviculture 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.
What is a 408 permit?
The Section 408 permit is a requirement for altering a U.S. Army Corps of Engineers (USACE) civil works project. We all generate questions and concerns when we encounter a structure that may be owned or regulated by USACE. The engineering and construction industry often associates Section 408 permits with levees,…