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General 404 Permit Information/big> |
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National
Regulatory Program Web Site
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Purpose of a
Department of the Army 404 Permit
The purpose of the Section 404 program is to insure
that the physical, biological, and chemical quality of our nation's water is protected
from irresponsible and unregulated discharges of dredged or fill material that could
permanently alter or destroy these valuable resources.
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What
Work Requires a 404 Permit?
Section 404 of the Clean Water Act requires approval
prior to discharging dredged or fill material into the waters of the United States.
Typical activities requiring Section 404 permits are:
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Depositing of fill or dredged material in waters of the
U.S. or adjacent wetlands.
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Site development fill for residential, commercial, or
recreational developments.
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Construction of revetments, groins, breakwaters,
levees, dams, dikes, and weirs.
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Placement of riprap and road fills.
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Who Should Obtain a Permit?
Any person, firm, or agency (including Federal, state,
and local government agencies) planning to work in waters of the United States, or dump or
place dredged or fill material in waters of the United States, must first obtain a permit
from the Corps of Engineers. Permits, licenses, variances, or similar authorization may
also be required by other Federal, state and local statutes.
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What
are Waters of the United States?
Waters of the United States includes essentially all
surface waters such as all navigable waters and their tributaries, all interstate waters
and their tributaries, all wetlands adjacent to these waters, and all impoundments of
these waters.
"Wetlands" are
areas characterized by growth of wetland vegetation (bulrush, cattails, rushes, sedges,
willows, pickleweed, andiodine bush) where the soil is saturated during a portion of the
growing season or the surface is flooded during some part of most years. Wetlands
generally include swamps, marshes, bogs, and similar areas.
The landward regulatory limit for waters (in the
absence of adjacent wetlands) is the ordinary high water mark.
The ordinary high water mark is the line on the shores established by the fluctuations of
water and indicated by physical characteristics such as:
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a clear natural line impressed on the bank;
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shelving;
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changes in the character of the soil;
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destruction of terrestial vegetation;
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the presence of litter and debris;
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or other appropriate means that consider the
characteristics of the surrounding areas.
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Types of Permits
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Nationwide Permits
A nationwide permit is generally the simplest form of
the 404 permits and authorizes a category of activities throughout the nation. These
permits are valid only if the conditions applicable to the permits are met. If the
conditions cannot be met, a regional or individual permit will be required. Summaries of
the nationwide permits are available. A few of the nationwide permits are briefly listed
here:
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Discharge of dredged or fill material in rivers,
streams or lakes located above the headwaters or in closed basins.
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Repair, rehabilitation, or replacement
of a structure or fill which was previously authorized and currently serviceable. The
structure or fill must not be significantly changed.
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Utility lines placed across a
waterway. Discharge of bedding and backfill material is permitted if bottom contours are
not changed.
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Single projects of less than 10 cubic yards
of fill. Piecemeal work is not authorized.
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Bank stabilization projects less than
500 feet long containing less than an average of one cubic yard of material per running
foot. The activity must be necessary for erosion protection and may not exceed the minimum
amount needed for erosion protection. Fill is not to be placed in wetland areas or in a
manner that impairs water flow. Materials free of waste metal products and unsightly
debris must be used and the activity must be a single, complete project.
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Concrete poured into tightly sealed
forms or cells if the concrete is a structural member not otherwise regulated.
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Minor road crossing fills (temporary
or permanent) that place less than 200 cubic yards or fill below the ordinary high water
mark. The crossing must be bridged or culverted to prevent restriction of high flows. The
fill placed in waters of the US is limited to no more than one-third of an acre.
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Regional Permits
Regional permits are issued by the District Engineer
for a general category of activities when
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the activities are similar in nature and cause minimal
environmental impact (both individually and cumulatively), and
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the regional permit reduces duplication of regulatory
control by State and Federal agencies.
Contact the District Regulatory office in your area
for information regarding regional permits.
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Individual Permits
Individual permits are issued following a full public
interest review of an individual application for a Department of the Army permit. A public
notice is distributed to all known interested persons. After evaluating all comments and
information received, final decision on the application is made.
The permit decision is generally based on the outcome
of a public interest balancing process where the benefits of the project are balanced
against the detriments. A permit will be granted unless the proposal is found to be
contrary to the public interest.
Processing time usually takes 60 to 120 days unless a
public hearing is required or an environmental statement must be prepared.
To apply for an individual permit, an application form
must be completed. This application is available from all regulatory offices.
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Pre-Application Consultation
You are encouraged to contact the Corps of Engineers
for proposed work in waters in your area.
Exemptions, nationwide, regional and individual permit
requirements will be reviewed. By discussing all information prior to application
submittal, your application will be processed more efficiently.
An official determination as to the need for a
Department of the Army permit will be provided upon request.
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You
Can Help
The understanding and support of the American people
is vital to the success of this program. To protect our nation's water resources and
assure their use and enjoyment for future generations, we must all join this vital effort.
We ask your help in "passing the word" to others concerning the permit
requirements and solicit your views and comments on better ways of attaining the goals of
this program. Your comments, questions, and suggestions should be directed to any U.S.
Army Corps of Engineers Regulatory Office.
For additional information or to apply for a permit,
please contact the Regulatory Office in your state.
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