According to the EPA, “Section 404 of the Clean Water Act regulates the discharge of dredged and fill material into waters of the United States, including wetlands.” The types of activities that this section regulates include filling in waterways for development, creating dams and levees, construction of highways and airports, and converting wetlands into uplands for farming and forestry. The goal of this section is to protect the natural wetland resources of the United States by requiring that development be minimal impact, or that compensation for impacts is provided for.
In order to obtain a permit for these types of activities, it is necessary for the developer in charge of the project to demonstrate to the Corps of Engineers that they have attempted to avoid all impacts on wetlands, chosen a plan that minimizes the potential impacts on wetlands, and are providing compensation for all unavoidable impacts through mitigation activities. 7Q10 is extremely well versed in all aspects of section 404 and has prepared many reports that led to successful permitting of development projects.
There are two types of permits that can be issued for projects that impact the nation’s water resources. In some cases where only minimal impact will occur, the Corps will issue a “general permit”. Usually these are reserved for particular categories of projects such as utility line backfill and minor road crossings and are issued on a nationwide, regional, or state basis. More frequently, an “individual permit” is required for significant impacts. 7Q10 can provide assistance with preparing permit applications for either type of permit under section 404.