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This memorandum outlines the interagency cooperation process between the U.S. Army Corps of Engineers and the Texas Natural Resource Conservation Commission regarding the review and certification
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How to fill out Memorandum of Agreement Between the U.S. Army Corps of Engineers and the Texas Natural Resource Conservation Commission on Section 401 Certification Procedures

01
Begin with the title: 'Memorandum of Agreement Between the U.S. Army Corps of Engineers and the Texas Natural Resource Conservation Commission on Section 401 Certification Procedures.'
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Include the date of creation of the memorandum.
03
Provide an introduction that outlines the purpose of the agreement.
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Clearly define key terms relevant to the agreement.
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Outline the roles and responsibilities of both the U.S. Army Corps of Engineers and the Texas Natural Resource Conservation Commission.
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Detail the Section 401 Certification procedures as they relate to the agreement.
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Specify the process for consultation and communication between the two parties.
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Include provisions for amendments or modifications to the agreement.
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Add a section on dispute resolution procedures.
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Conclude with signatures from authorized representatives of both organizations.

Who needs Memorandum of Agreement Between the U.S. Army Corps of Engineers and the Texas Natural Resource Conservation Commission on Section 401 Certification Procedures?

01
Federal and state regulatory agencies involved in water quality management.
02
Project developers seeking permits for activities affecting navigable waters.
03
Environmental organizations monitoring compliance with water quality standards.
04
Lawyers and consultants specializing in environmental law and regulatory compliance.
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People Also Ask about

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).
The U.S. Army Corps of Engineers regulates activities in waterways and wetlands under the authority of several Federal laws. water of the United States: Section 9 of the Rivers and Harbors Act of 1899 authorizes the Corps to regulate the construction of any dam or across any navigable water of the United States.
Section 404 of the Clean Water Act requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the discharge of dredged or fill material into all waters of the United States, including wetlands.
401 vs 404 Permit Primary Difference The 401 permit pertains to state-issued certifications ensuring compliance with water quality standards for federally permitted activities. In comparison, the 404 permit is issued by the U.S. Army Corps of Engineers. It regulates dredging and filling activities in navigable waters.
401 vs 404 Permit Primary Difference The 401 permit pertains to state-issued certifications ensuring compliance with water quality standards for federally permitted activities. In comparison, the 404 permit is issued by the U.S. Army Corps of Engineers. It regulates dredging and filling activities in navigable waters.
The U.S. Army Corps of Engineers' (USACE) Regulatory Program involves the regulating of discharges of dredged or fill material into waters of the United States and structures or work in navigable waters of the United States, under section 404 of the Clean Water Act and section 10 of the Rivers and Harbors Act of 1899.

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The Memorandum of Agreement (MOA) is a formal arrangement between the U.S. Army Corps of Engineers and the Texas Natural Resource Conservation Commission that outlines the procedures and responsibilities for the Section 401 Certification process, which is related to water quality certification under the Clean Water Act.
Applicants seeking permits for activities that may affect water quality and require federal permits from the U.S. Army Corps of Engineers are required to file the MOA.
To fill out the MOA, applicants must provide detailed project information, including project location, description, potential impacts on water quality, and any measures for mitigating adverse effects. It usually includes specific forms and may require additional documentation depending on the project's complexity.
The purpose of the MOA is to streamline the Section 401 certification process, ensuring compliance with state water quality standards while facilitating coordination between state and federal agency requirements.
Information that must be reported includes the project details such as location, nature of activities, potential impacts to aquatic resources, water quality assessment, and proposed mitigation measures to protect water resources.
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