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SWANCC obtained the needed local and state permits, but the Corps, on the basis of the ponds and their use by migratory birds, asserted jurisdiction under section 404 and denied a permit. Section 404 requires permits for discharges to dispose of dredged and fill material into the nation's navigable waters, such as when a landowner undertakes ...
Under Section 404 of the CWA, a permit from the US Army Corps of Engineers is required to conduct certain activities that may impact wetlands. The developer must submit a Public Notice to their respective district of the US Army Corps of Engineers (USACE) requesting to carry out a project and associated ecological impacts on a wetland.
Sackett v. Environmental Protection Agency, 598 U.S. 651 (2023), also known as Sackett II (to distinguish it from the 2012 case), was a United States Supreme Court case in which the court held that only wetlands and permanent bodies of water with a "continuous surface connection" to "traditional interstate navigable waters" are covered by the Clean Water Act.
Wetland habitats that are typical in New South Wale include marshes and meadows, lagoons and swamps, lakes and rivers, flood dependent forests and woodlands springs, saltpans and claypans; and saltmarsh, mangrove and seagrass meadows in estuaries and near shore environments. New South Wales has approximately 4.5 million hectares of mapped wetlands.
Determining which wetlands are regulated under section 404 of the Clean Water Act [6] or Section 10 of the Rivers and Harbors Act is termed "jurisdictional determination". Determining the boundary of wetland, whether jurisdictional under sections 404 or 10, or not jurisdictional but still meeting the technical definition of a wetland, that is ...
The 1977 amendments included a set of six section 404 exemptions. For example, totally new activities such as construction of farm roads, Sec. 1344(f)(1)(E), construction of farm or stock ponds or irrigation ditches, and minor agricultural drainage, Sec. 1344(f)(1)(A), all are exempted by Statute.
[3] Carabell, who was involved in the associated case Carabell v. United States Army Corps of Engineers, sought a permit to build condominiums on 19 acres (77,000 m 2) of wetlands, but his request was denied by the Army Corps of Engineers. Carabell took the issue to the courts by arguing that the federal government did not have jurisdiction.
Much of the barrier beach in Black Pond WMA has forested sand dunes that are about 60 feet (18 m) high; these are the highest sand dunes in the northeast United States excepting Cape Cod. [3] Immediately north of the WMA is the 360-acre (150 ha) El Dorado Beach Preserve , which is a bird refuge owned by The Nature Conservancy . [ 4 ]