Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into jurisdictional waters of the United States, including wetlands, as defined by a wetland delineation and subsequent US Army Corps of Engineers approved Jurisdictional Determination or “JD”.
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 wetlands or waters of the United States, unless the activity is exempt from Section 404 regulation (e.g., certain farming and forestry activities).
Section 10 of the River and Harbor’s Act regulates structures or work in navigable waters of the United States, which include waters subject to the ebb and flow of the tide and waters that are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Additionally, non-aquatic areas that are within the flood plain of a Section 10 Waterway can be classified as Section 404-10wetlands even though they may not meet the “1987 Manual’s” 3 tiered criteria to be defined as wetlands.
HYDRIK can assist you in this process through application preparation, often incoordination with your project engineer, agency coordination, and facilitation of any mitigation required by agencies to offset permitted impacts.
Individual States may have joint jurisdiction over wetlands and waters along with the US Army Corps of Engineers. If so, HYDRIK can also help facilitate those related state or local permits parallel to Section 404/10 permitting with the US Army Corps of Engineers.