What is the 404 assumption?
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 findings must be made for the Army Corps of Engineers to issue a permit to fill wetlands?
The Section 404(b)(1) guidelines also require the following determinations: (1) the project is the least environmentally damaging practicable alternative, (2) the project will not cause or contribute to the violation of applicable state or Federal laws, such as water quality standards or the Endangered Species Act, (3) …
Which federal agency leads the implementation of Section 404 wetland permits?
The Corps
Section 404 of the CWA authorizes the Department of the Army to issue permits for discharge of dredged or fill material into waters of the United States, including wetlands. The Corps categorizes Section 404 permits as either standard or general permits.
When was Section 404 of the Clean Water Act passed?
Fill Material – On May 9, 2002, the Federal Register published a final Corps and EPA rule reconciling their previously differing Clean Water Act section 404 regulations defining the term “fill material” and amended their definition of “discharge of fill material. ”
Which states have assumed the 404 program?
State and Tribal Assumption Efforts To date, Michigan, New Jersey, and Florida have assumed administration of the Section 404 program – the U.S. Army Corps of Engineers retains permitting authority for the rest of the country. Click here to learn about your state or tribe’s Section 404 (g) efforts.
Can you fill in wetlands in NC?
The U.S. Army Corps of Engineers (USACE) is the federal agency responsible for issuing 404 Permits; these permits are required for the discharge of fill material into streams, wetlands and open waters.
What is the penalty for violating the Clean Water Act?
Penalty: Misdemeanor level offenses with maximum 1 year imprisonment and/or fines of up $100,000 for individuals and $200,000 for corporations (see alternative Fines Act 18 U.S.C. 3571).
What happens if you violate the Clean Water Act?
