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One likely result is that case-by-case evaluations will then be required to determine if regulatory jurisdiction exists, the length of time to obtain section 404 permits will be longer than in the past. If federal jurisdiction is diminished, the responsibility to protect affected wetlands falls on states and local governments.
The Corps cited the Migratory Bird Rule when they initially denied the section 404 permit under the Clean Water Act. The migratory bird rule was meant to protect habitats used by migratory birds, which included the abandoned mining site that SWANCC had proposed to construct the waste disposal site.
Mountaintop removal mining requires a section 404 permit when soil and rock from the mining operation is placed in streams and wetlands (commonly called a "valley fill"). Pollutant discharges from valley fills to streams also requires an NPDES permit.
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.
The Clinton Administration’s commitment was to increase the fairness and flexibility as well as speed of permit issuances over dredged or fill materials into waters as a part of the implementation of the Section 404 of the Clean Water Act. It also aimed to resolve the differences in the delineation of wetlands area.
An interpretive rule published in the Federal Register on April 21, 2014, to clarify the types of discharges of dredged or fill material associated with certain agricultural conservation practices that can be exempted from section 404 permits.
The Wisconsin DNR announced Thursday it approved Enbridge's permit, surely setting off backlash from environmental groups. Wisconsin DNR approves permits for Enbridge's controversial Line 5 ...
The geographic extent of waters of the United States subject to section 404 permits fall under a broader definition and include tributaries to navigable waters and adjacent wetlands. The engineers must first determine if the waters at the project site are jurisdictional and subject to the requirements of the section 404 permitting program.