Briggs Environmental Lab
(954) 540-0792

Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in 'waters of the United States' regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g. certain farming and forestry activities). 

 

Under Section 404, no discharge of dredged or fill material may be permitted if: (1) a practicable alternative exists that is less damaging to the aquatic environment or (2) the nation’s waters would be significantly degraded.  So when a permit application is submitted, it must be shown that , to the extent practicable, one has taken steps to avoid wetland impacts, minimized potential impacts on wetlands, and provided compensation for any remaining unavoidable impacts.  Proposed activities are regulated through a permit application review process.  An individual permit is required for potentially significant impacts. Individual permit applications are reviewed by the US Army Corps of Engineers and coordinating agencies.  Applications are evaluated through a public interest review, as well as the by the environmental criteria set forth in the Section 404(b)(1) guidelines of the CWA.  For most discharges that will have only minimal adverse effects, a general permit may be suitable.  General (including 'Nationwide') permits are issued on a nationwide, regional, or state basis for particular categories of activities.  The general permit process eliminates individual review and authorizes certain activities to proceed with little or no delay, provided that the conditions for the general permit are met.  For example, minor road activities and  utility line backfill are activities that can be considered for a general permit.  States also have a role in Section 404 decisions through state program general permits, Section 401 water quality certifications, or program assumption. 

 

This is a practical class designed to enable participants to easily navigate the regulatory process associated with projects in which wetland impacts are anticipated.   We thoroughly examine the protocol required to acquire all levels of Section 404 permits to discharge into 'waters of the United States' or a permit under Secton 10 of the Rivers and Harbors Act of 1899 to impact a 'navigable water'.
 

Topics to be covered include background and program overview, the permit application process, the initial jurisdictional determination, the 404(b)(1) guidelines for avoidance and minimization of wetland impacts through alternatives analyses, options for and cost of compensatory mitigation and monitoring for remaining unavoidable proposed wetland impacts, permit application documentation, individual and general permits (including complete coverage of the current 'Nationwide' permits), individual and general 401 water quality certifications, conflict management and public involvement, and permit compliance and enforcement. We will also discuss cooperative state programs that have joint permitting procedures. 

 

Finally, there will also be class discussion about exemptions, categorical exclusions, and appeals for denied permits.  

​A Certificate of Training showing completion of 15 Professional Development Hours and 1.6 Continuing Education Units (CEUs) is awarded upon successful completion of this course.  Successful completion is determined by attendance and participation in all lecture sessions.