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A Section 404 permit is required if the proposed activity will involve a jurisdictional act (dredging or filling) in a jurisdictional area (water of the United States). Examples of dredging activities include excavation, clearing of vegetation and the removal of trash.
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. Proposed activities are regulated through a permit review process. An individual permit is required for potentially significant impacts.
Section 401 of the Clean Water Act requires that any applicant for a Section 404 permit also obtain a. Water Quality Certification from the State. The purpose of the certification is to confirm that the. Discharge of fill materials will be in compliance with the State's applicable Water Quality Standards.
How Wetlands are Defined and Identified under CWA Section 404. Wetlands generally include swamps, marshes, bogs, and similar areas.” — Definition of wetlands as used by the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) since the 1970s for regulatory purposes.
Section 408 provides that USAGE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project.
All wetland permits have standard conditions included that prescribe Best Management Practices (BMPs) to minimize wetland impacts, preserve downstream water quality and restore temporary alterations. Sometimes, site-specific or project-specific conditions may apply that can affect construction techniques or schedules.
The process for obtaining an individual permit may take 60-180 days or more and is costly.
Can I fill the low spot in my backyard? Wetlands are protected under state, federal, and local laws or ordinances. A. If it meets the scientific criteria as a wetland, you will need a permit under the Minnesota Wetland Conservation Act, and potentially from the Corps of Engineers and local watershed district.
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