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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.
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 ...
In addition, individual permits typically require more analysis than do the general permits, and usually require much more time to prepare the application and to process the permit. When the USACE processes an application for an Individual Permit, it must issue a public notice describing the proposed action described in the permit application.
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The future of TikTok remains murky as the U.S. Supreme Court considers whether to uphold a law that could ban the social media app due to national security concerns starting Sunday. But there's ...
(The Center Square) – As unrest continues in the Red Sea and Gulf of Aden with Houthi rebels targeting shipping vessels and allegedly waging a proxy war with the U.S. and Israel on behalf of ...
Germany searched on Monday for answers on possible security lapses after a man drove his car into a Christmas market, killing at least five people and casting a renewed spotlight on security and ...
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.