United States
                Environmental Protection
                Agency
                Office of Water Regulations
                and Standards
                Criteria and Standards Division
                Washington, DC 20460
EPA 440/5-81-001
October 1980
                Water
v>EPA
Section 404
Program  Strategy

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SECTION 404 PROGRAM STRATEGY
      U.S. Environmental Protection Agency
         Criteria and Standards Division

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PREFACE
  Our  Nation's  wetlands are natural  resources  of
significant importance to the citizens of this country.
Wetlands which only a few years ago were considered
useless are now seen as valuable and  irreplaceable.
Wetlands are areas of great natural productivity and
environmental diversity which provide improved water
quality,  flow stabilization, aquifer  recharge,  natural
flood control, and fish and wildlife habitat.

  There  is  a need to  make conscious well-informed
decisions about uses  of our wetlands.  Evaluating
these uses  is not easy. Clearly it is wasteful to use a
wetland as  a garbage dump. It is harder to assess the
balance  of values  between a natural  wetland and
productive  farmland which may replace the wetland.

  The discharge of dredged and fill material into the
waters of the United States is  a  matter of special
importance  to the  protection  of our Nation's wet-
lands. Thousands of construction activities result in
the discharge of fill  materials into the Nation's waters
each year. Section 404 of the Clean Water Act requires
that the fill activity be evaluated through a regulatory
process. The Act provides for the Secretary of the Army
to issue permits for the discharge of dredged or fill
material. It also provides for transfer of the 404 Pro-
gram  to the States in certain waters of the United
States. The Environmental Protection Agency has an
important role in the conduct of the Program at both
the Federal and State level. This document  is the
foundation of  EPA  policy,  goals,  objectives, and
strategy for meeting  its 404 Program responsibilities
under the Act.
                 Steven Schatzow
                 Deputy Assistant Administrator for
                 Water Regulations and Standards

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CONTENTS
                                                                                           Page




 Preface	  "
 Section I — Introduction  	




     A.  Purpose and Contents 	




     B.  Organization of Strategy Document	  1



                                                                                              2
     C.  Program History 	




     D.  Organizational Description	
 Section II - Goals and Objectives	   5
 Section III — Strategy Guidance and Policy	   8





      A.   General	   °



                                                                                               Q
      B.   Important Trends  	




      C.   Policy	  10







  Section IV — Program Plan	  12

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SECTION  I  - INTRODUCTION
  The 404 Program strategy focuses on three funda-
mental program elements.
   •  Emphasize  early participation in planning and
     permitting activities to increase EPA's ability to
     influence wetland development decisions.
   •  Integrate activity in program operation,  permit
     review,  and  enforcement toward  solving the
     most critical problems.
   •  Effect transfer of program responsibility to inter-
     ested  States.
  The  policy and program direction set forth  in this
document provide guidance required to meet these
fundamental goals.

A.  Purpose and Contents

  The  purpose of this document is to define the role
of the Environmental Protection Agency in meeting its
responsibilities under Section 404 of the Clean Water
Act. This document will provide guidance through the
delineation  of  goals,  objectives,   policies,  and
strategies that will achieve these goals. It  is designed
to reflect only the EPA strategy in fulfilling its respon-
sibilities under  Section  404 and is not  intended to
define  or diminish the role or responsibilities of other
Federal, State, or local  agencies. However it  is also
recognized that the Corps of Engineers (COE) has a
special  relationship to the EPA Program, and that
diligence will be required by both agencies to maintain
a cooperative working system.
   The strategy embraces  a variety of organizations
and  environmental mandates, both those which derive
from specific  statutory  and executive authority and
those which derive from EPA's overall "character."
The common theme which unites the elements of this
strategy is a concern for the preservation of aquatic
habitat and the protection of such areas from direct
physical modification or destruction by human activity.
The focal point for the strategy is the Section 404
Program, but the critical,  related activities of other
Agency programs together with EPA's response to
NEPA and  the Wetlands Protection and Floodplain
Management Executive Orders are components of
the strategy as well.

B.   Organization of the
     Strategy Document
  The  organizational  format of  this document  is
described below to assist the reader in understanding
the sequential progression of the material. The docu-
ment  has been separated into four major sections,
each dealing with  a specific aspect of information
related to our overall strategy.
  Section I, Introduction, provides basic background
material on the  404 Program—both legislative and
institutional.
  Section II, Goals and Objectives, lays out the broad
goals and specific objectives and subobjectives of the
program. The objectives and subobjectives should be
viewed as generalized targets toward which program
efforts will be directed.
  Section III, Guidance and Policy, provides govern-
ing principles or courses of action which  guide the
achievement of Program objectives. These statements
are organized under  the  objectives as  defined  in
Section II.
  Section IV, Program Plan lays out a specific list of
program tasks designed to achieve the objectives and
subobjectives as defined  in Section  II.  Each  task
outlined in  Section IV is directly related to a specific
objective or subobjective defined in Section II.
                                                          ,

                 This stream bank alteration is a prime example of an activity requiring a 404 permit.

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C.   Program History

  In 1899, Congress recognized the need to protect
the navigable waters of the Nation from uncontrolled
modification by passing the Rivers and Harbors Act.
That statute vested authority in the Secretary of the
Army to require permits for the construction of dams,
dikes, jetties, bridges, etc., in our vital  waterways.
The purpose, of course, was to protect  commercial
navigation; environmental concerns were still many
years  in the future.  In 1948,  Congress passed  the
Federal Water Pollution Control Act, the Nation's first
major legislation aimed at protecting water  quality.
However, the Act was weak in that it lacked enforce-
able standards  and provided  little  Federal dollar or
manpower resources to combat the problems.
  In 1972, Congress substantially amended  the Act,
creating for the first time a water pollution control pro-
gram  with  real teeth in the  form of  standards,
deadlines  for attainment, enforcement  authorities,
and substantial  grant-in-aid programs. In  Section 404
of the 1972 Act, Congress created a new permit pro-
gram  to control the discharge of dredged  and fill
materials.  Because of the Corps' long experience in
regulating   hydrologic   modifications,  Congress
charged the Secretary of the Army, acting through the
Chief of Engineers, with  responsibility for operating
the basic  permit program.  In recognition of EPA's
expertise and responsibilities for protecting the envi-
ronment, Congress charged the Administrator with
developing (in conjunction with the Secretary) guide-
lines for the specification of disposal sites. The guide-
lines were to be based upon criteria comparable to the
general  marine  protection criteria  of Section 403 of
the Act (ocean  discharge). The remaining provisions
of Section 404  provided for a limited override of the
specification guidelines by the Secretary, where the
economics of anchorage and navigation warrant, and
for  the  Administrator's  authority  to  prohibit,
withdraw, or restrict specification where the Adminis-
trator finds that a discharge would have an unaccept-
able adverse effect on certain classes  of  aquatic
resource values.
   In 1977, Congress again overhauled the Water Act,
which  subsequently became  known  as the Clean
Water Act (CWA). A number of provisions were added
to  Section 404—some of which were wholly new,
others merely codified existing administrative prac-
tices. Among the most significant new provisions were:

   • Transfer of the permitting program for certain
     waters to qualified States;
   • Exemptions from permitting for certain classes of
     activities believed to have minimal  impacts;  for
     example,  "normal" agriculture, construction of
     forest roads, and construction of stock ponds;
   • Exemption from permitting for major Federal proj-
     ects (for example, dams) where the  specification
     guidelines are considered  in  the  Environmental
     Impact Statement (EIS);
   • Establishment  of  an  alternative  State-level
     regulatory  program  under  Section  208(b)(4)
     (B&C) for specified classes of activities;  and
   • Clarification  of  COE and  EPA  enforcement
     authorities under §404(n) and (s).
  Although less directly related to the 404 Program,
several other  legislative or executive statements help
to mold the overall regulatory  environment in which
the 404 Program operates. These include:

   • The Fish and Wildlife Coordination Act of 1958
     (PL 85-624);
   • The Endangered Species Act of 1973 (PL 93-205);
   • The National Environmental Policy Act of 1969
     (PL 91-190);
   • The  Coastal  Zone  Management  Act of  1972
     (PL 92-583);
   • The  Marine Protection,  Research, and Sanc-
     tuaries Act of 1972 (PL 92-532);
   • The Executive Order on Protection of Wetlands
     (E.G. 11990);
   • The Executive Order on Floodplain Management
     (E.G. 11988).
D.   Organizational Description

  EPA administration of the 404 Program involves a
number of EPA offices. Those offices having major
program responsibilities are:

HEADQUARTERS

Office  of Water Regulations  and  Standards
(OWRS)—The Deputy Assistant Administrator serves
as National Program Manager for the 404 Program.

     Criteria  and Standards Division —Provides
     overall program planning and management for
     the  404  Program,  including development of
     regulations,  policies,  procedures,  and  guide-
     lines, providing states with assistance in program
     development, setting program priorities, budget
     preparation,  and general program support.

Office of Water  Enforcement

     Enforcement Division —Provides  overall plan-
     ning and guidance support to regional enforce-
     ment units.

     Permits  Division —Responsible for  develop-
     ment of consolidated Permit Programs Regula-
     tions (which include State 404 Program transfer
     regulations); administers NPDES (Section 402)
     Program.

Office of General Counsel

     Water and  Solid Waste  Division—Provides
     legal counsel to Program on rule-making, policy,
     and  procedures, and represents the Agency in
     litigation  relating to Section 404.

Office  of  Environmental  Review—Administers
NEPA Program; reviews major water-related projects;
provides liaison with  regulatory programs  of other
agencies;  provides focal point  for EPA compliance
with Executive Orders;  and  promotes awareness of
natural  resource and environmental  protection  laws
and policies within EPA programs.

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Office of Environmental Processes and Effects
Research-Administers  EPA  research  program
through laboratories in Corvallis, Oregon; Las Vegas,
Nevada;  etc., to develop methods  to  assess  and
monitor the environmental impact of dredge and fill on
air, land, and water resources.

REGIONS

   Environmental evaluation of dredge and fill activities
and State program transfer activities is carried out by
personnel in the ten EPA Regions. Although organiza-
tional arrangements vary,  those functions are most
commonly carried  out by a section-level unit, the
senior management official  being designated the
"Regional 404 Coordinator." Enforcement activities
are carried out by enforcement officers in the Regional
Enforcement  Divisions.  Support  is provided  by
Regional Counsel, Environmental Review,  and other
units.
   Many other units at EPA contribute in vital ways to
the success of the 404 Program through support in the
areas of monitoring, planning, public awareness, pro-
gram evaluation, and State funding. Still other offices
administer EPA programs which may relate to or impact
the 404 Program in important ways; for example, solid
waste management,  toxic  substances  regulations,
and pesticides regulation.
SECTION II-GOALS AND OBJECTIVES
  The 404 Program within EPA has two paramount
goals.
   •  To protect and enhance the Nation's wetlands
     and  other  critical  and  sensitive  "aquatic
     resources"; and
   •  To restore and maintain the chemical, physical,
     and  biological  integrity  and  to  prevent the
     degradation of the Nation's waters through the
     full and effective implementation of Section 404
     of the  Clean Water Act.
  These goals derive from EPA's authorities under the
Agency's fundamental charter, the National Environ-
mental Policy Act, the  Clean Water Act,  Executive
Orders  11988 and 11990, the EPA Administrator's
policy statement "Protection of Nation's Wetlands"
(published in the Federal Register of May 2, 1973), and
other statutes and policies of the Federal Government.
  These two goals are closely interrelated in that the
Dredge and  Fill Regulatory Program of Section 404 is
the  single  most potent  legal tool for  protecting
wetlands  and   similar  systems  from  destruction
through filling or the degradation attendant to other
forms of hydrologic modification (for example, chan-
nelization and  impoundment).  Moreover, wetlands
    A wide variety of wildlife depends on wetlands for food, shelter and breeding grounds. These young great blue herons are
    no exception.

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comprise the most seriously threatened of all aquatic
habits when the types of pollution for which Section
404 was enacted  are considered.  Section  404 is
designed to protect all  waters,  not just wetlands.
Lakes, rivers, streams, and estuaries all suffer from the
impacts of dredged spoil disposal and filling.
  In order to achieve these goals, six (6) basic objec-
tives have been identified which are outlined below in
roughly the  order of priority essential for a national
long-term program. The objectives are to:

     Establish the legal, institutional, and man-
     agement framework for full implementa-
     tion of Section 404

   1. Develop and issue regulations, guidelines, policies,
     and procedures;
   2. Develop field methods for  assessing resource
     values  and impacts;
   3. Establish  needed data/information  systems to
     facilitate field operations and program manage-
     ment;
   4. Assess and,  as appropriate, implement hereto-
     fore unused  regulatory provisions such  as  dis-
     posal site prohibitions/restrictions (40 CFR 230.7
     and 40 CFR 231) and toxic effluent standards for
     dredged  material (Section 307(a)(5),  CWA);
     and
   5. Establish  continuous program  evaluation and
     improvement process, such as  conducting pro-
     gram evaluations, acquiring needed manpower
     and dollar resources and ensuring their proper
     training and  utilization,  and improving program
     capabilities in the ZBB process.

     Ensure compliance with the  guidelines pro-
     mulgated under Subsection 404(b)(1) and
     assist  other   programs  and agencies  in
     ensuring compliance with related environ-
     mental statutes, directives, and policies
   1. Review,  evaluate,  and comment  on general
     (Federal or State) and selected individual permits
     proposed for issuance under Section 404;
   2. Review, evaluate, and comment  on Environ-
     mental Impact Statements prepared pursuant to
     Subsection 404(r), seeking exemption from indi-
     vidual permitting;
   3. Review,  evaluate,  and  comment  on  best
     management practices  prepared  pursuant  to
     Subsection 208(b)(4)(B&C);
   4. Exercise  the authority  of  Subsection  404(c)
     where  appropriate; and
   5. Early participation in project-specific or areawide
     planning with a potential for impact on aquatic
     resources.

     Facilitate the transfer of the 404 Program to
     qualified States

   1. Provide direct  assistance to  States  in  their
     evaluation of the State transfer option and in the
     development of qualified programs;
   2. Assess the need for  Federal grant funding for
     State program  development and operation and
     take the necessary steps to ensure appropriate
     allocations of funding through existing mechan-
     isms, i.e., State-EPA Agreements (SEA);
  3. Expeditiously and effectively review and recom-
     mend action on program submissions; and
  4. Carry out effective oversight of State 404 Programs.

     Develop and  implement  an effective pro-
     gram for enforcement of  Section 404

  1. Develop   necessary  policies,  procedures,
     methods,  and   manuals  for effective  field
     enforcement action;
  2. Assist the COE with the monitoring and enforce-
     ment of permit violations;
  3. Assist States with the monitoring and enforce-
     ment of permit violations; and
  4. Expeditious administration and judicial enforce-
     ment action for violations of §301 (a).

     Develop and  implement  an active  public
     involvement program

  1. Stimulate grassroots public  involvement in the
     program in  such areas as education, technical
     information  gathering, State  programs, and
     enforcement; and
  2. Coordinate  with  public groups having similar
     goals and interests to ensure  maximum utiliza-
     tion of information and resources.

     Pursue an active role in assessing, interpret-
     ing, and fostering research and development
     supportive of the 404 Program

  1. Provide within the EPA a focal point for coor-
     dination and information for research relating to
     hydrologic modification, habitat protection, sedi-
     ment chemistry, dredged material effects, wet-
     lands ecology, and  other areas of substantial
     interest to the Program; and
  2. Develop and implement programs for interpret-
     ing and  disseminating  R&D  information  to
     appropriate EPA and outside personnel.
SECTION III - STRATEGY GUIDANCE
                  AND POLICY

  Policy  statements  for  the  404 Program provide
governing principles or courses of action which guide
the achievement of Program objectives. These state-
ments express legislative and regulatory policy as well
as EPA policy. It is intended that policy and position
statements will be added as the need arises and modified
as conditions dictate.
A.  General

  The basic strategy of the 404 Program is to focus
limited manpower and funds on fundamental program
elements—permit review and enforcement  in priority
problem areas and State program transfer to maximize

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the protection of aquatic resources. Many critical envi-
ronmental problems face the Nation,  including an
increasing concern about toxics in all the environmen-
tal media. Competition for public funds will become
more intense. The strategy is based on the recognition
that  there is little likelihood of an increase in Agency
404  Program resources in the next few  years. The
budget  for  all  404  Program  activities in  FY-81 is
$1.8 million with 85 full-time personnel.  Activities and
tasks identified  in the strategy shall  be  accomplished
within present resource limits.

B.   Important Trends

   The 404 Program, like  any national,  governmental
program,  operates in a complex, changing environ-
ment shaped by  many and often-conflicting social,
political, economic, and technologic forces. Many of
these forces may tend to cancel each other's effects
and  many of their effects on the  Program are difficult
to evaluate, but on balance the problems will become
more complex and therefore more difficult to resolve.
The 404 Program will have to operate in  the 1980's in a
world which will be more resource-constrained, more
volatile, and less  tolerant of regulation than was the
case in the 1970's. To be of any value, a program
strategy must be  developed in a manner which gives
recognition to these forces and attempts to anticipate
their relative trends.  For the 404 Program,  the most
critical of these trends for the 1980's appear to be:


  •  The energy crisis—increasing demand for domestic
     production with pressure to relax environmental
     standards coupled with increasing ecologic impacts;
  •  Population—continued growth in  both urban
     and rural  areas  with  increasing demands  for
     utilization of land —including aquatic areas—for
     residential, commercial, industrial, waste dis-
     posal, and recreational purposes as a result of
     increasing leisure time;
  •  Food  and fiber production—increasing world
     demand with concommitant pressure to convert
     "marginal" land to production;
  •  Natural   resources—increasing  demand  for
     mineral extraction in heretofore unutilized areas
     such as wetlands;
  •  Competing environmental goals—increasing dif-
     ficulty of  "residuals"  management since there
     appears to be no "right" place to put  wastes;
  •  Increasing public opposition to regulation;
  •  Increasingly restricted budgets at  all  levels of
     government;
  •  Increasing  concern for,  and  focus  on, toxic
     materials,  especially carcinogens; and
  •  Greater citizen involvement in government at
     all levels.

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Every year thousands of acres of wetlands are filled to
acquire additional land for a wide variety of uses.
C.   Policy

  Major  challenges face  the  404  Program  in  the
1980's.  There will be  continuing pressures on  the
wetlands. At the same time the Federal resources
devoted to the planning, management, and regulatory
functions in these areas will increase slowly, if at all.
National  policy must take  these factors into account
to assure that an efficient and effective program func-
tions within these constraints.  The  following areas
indicate the major focus of EPA policy attention.

     Emphasize early participation in planning
     and permitting  activities to provide for a
     more  positive  and helpful  image and to
     increase EPA's ability to influence  wetland
     development decisions

     There will be continuing pressures on  wetlands
     for energy development, mineral extraction, and
     food and fiber production. Many wetland areas
     are near  major centers of population with their
     increasing demands for residential, commercial,
     and  industrial development.  Accommodating
     these  needs  while  minimizing  environmental
     impacts will require  early  knowledge  and par-
     ticipation in areawide State and regional plan-
     ning, especially for major or controversial plan-
     ning processes or projects. The availability of
     coastal zone management, water quality man-
     agement,  economic  development,  and  other
     planning  processes can be utilized to the advan-
     tage of environmental protection and enhance-
     ment of  wetlands. Avoiding  confrontation by
     promoting  an understanding  by the general
     public, development interests, and public institu-
     tions on the value of  highly specialized and sen-
     sitive  aquatic  ecosystems such as wetlands,
     estuaries, etc.,  will be stressed. Many  of the
     tasks   involved  in  establishing  a  program
     management framework,  assisting other agen-
     cies  in  ensuring  program  compliance,  and
     implementing an active public involvement pro-
     gram have been developed to address this policy
     direction.
Integrate  activity  in program  operation,
permit review,  and enforcement  toward
solving the most critical problems

It is generally acknowledged that many dredged
or fill operations in the past have been unpermit-
ted.  Provisions for  exempting  certain  minor
activities and  development of general permits
have recognized that many types of individual
dredge  and  fill activities have only  minimal
cumulative adverse effects. The effective use of
these mechanisms will enable  the  Agency to
concentrate its resources on  a much smaller
number of  activities involving individual permits
in  sensitive or unique ecosystems,  in  other
critical  wetland  areas,  and  in  controversial
projects.

Exercise of 404(c) authority shall be utilized only
when less extreme measures to ensure protec-
tion of  "aquatic resources"  have failed or are
inappropriate.  Exercise of 404(c) shall not be
used as a means to delay permit processing (that
is, to "stop the clock"), nor shall it be used as a
threat in negotiations with permit-issuing agencies.

Effect transfer of program responsibility to
States

State interest and capability in program manage-
ment varies from very limited to highly involved.
A  number of  States  had  wetland protection
regulatory  programs  prior to the 1972 CWA.
Other States' interest is much more recent. The
404 Program strategy, in line with congressional
intent, will  facilitate the transfer of the program
to qualified States.

Special  attention  is  being given to State 404
Programs for a number of reasons. Foremost  is
the ability of interested States to provide a more
resources  intensive operational  program struc-
tured  specifically  to  the  wetlands of  the indi-
vidual State. In addition the full capabilities of a
number of State agencies  will  normally be
available to assist  in the State enforcement pro-
gram. State programs can ensure that attention
is focused on field level inspection and enforce-
ment rather than a paper review and administra-
tive exercise in locations removed from where
the activities occur. This  policy also recognizes
that  EPA   resources  will not  increase in  the
foreseeable future, and there are severe limits to
the extent to which site-specific assistance and
enforcement can be provided by EPA.

While State  program  assumption has a  high
priority,  it is recognized that the policy will have a
limited involvement initially.  Not more than 6 to
10 States are expected to have both the interest
and the capability to assume the 404 Program
through FY-83. This is a reasonable expectation
given the experience  of similar programs admin-
istered  by  EPA in which States can  assume
administrative  authority.

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 SECTION IV - PROGRAM PLAN

   The following outlines plans for  tasks for each
 objective. Target dates by quarter and calendar year
 are presented where appropriate. Personnel  require-
 ments necessary to carry out Headquarters tasks are
 indicated in person years (PY).  Primary responsibility
 for each task is indicated by H (Headquarters) or R
 (Regions).  Regional  offices will be involved in  the
 development of regulations and guidelines and other
 Headquarters activities as appropriate.

 Objective IV. Establish the legal, institutional and
 management framework for full implementation
 of Section  404

   1.  Promulgate Environmental  Guidelines under
      Section 404 (b) (1) (H-3rd/80) (0.5 PY).
   2.  Propose  testing  procedures  under   Section
      404 (b) (1) (H-4th/80) (0.5 PY); develop final
      testing procedures (H-2nd/81) (0.8/ PY).
   3.  Develop   methods  and  procedures  for
      establishing jurisdictional boundaries (H-4th/80)
      (0.3 PY).
   4.  Develop field methods for assessing environ-
      mental system values and impacts for purposes
      of permit review and enforcement (H/R-3rd/81)
      (0.5 PY).
   5.  Establish  special  cases  per  EPA-COE MOA
      (R-4th/80) (0.5 PY).
   6.  Review and comment on revised COE permit
      program regulations (H-80/81) (0.2  PY).
   7.  Analyze EPA role in permit review and develop
      guidance  to increase Agency  effectiveness
      (H-1st/81) (0.6 PY).
   8.  Conduct  evaluation   of  regional  program
      management (H-2nd/3rd/81) (1.5 PY).
   9.  Improve Program workload analysis model and
      improve formal accomplishment reporting con-
     sistent  with this objective (H/R-1st/81) (0.4 PY).

Objective #2: Ensure compliance with the  guide-
lines  promulgated under Subsection 404 (b) (1)
and assist other programs and agencies in  ensur-
ing  compliance  with   related  environmental
statutes, directives, and policies

   1. Establish a Headquarters log and  file  control
     system for tracking major/controversial  actions
     ("hot permits")  which will facilitate rapid and
     coordinated Headquarters  support  to regions,
     trend   analysis,  and  report   preparation.
     (H-3rd/80) (0.3 PY).
   2. Establish joint permit processing procedures in
     all regions for all districts/States (R-4th/81).
   3. Participate with  Corps of Engineers and  States
     in development  of general permits and  contin-
     uously evaluate means of improving the general
     permit concept (R).
   4. Establish procedures  to ensure  that 404 and
     Environmental Review (ER) staff coordinate fully
     on 404 (r) reviews (H-1st/81) (0.1 PY).
 Objective #3:  Facilitate the transfer  of the 404
 Program to qualified States

    1. Prepare regional  guidance on  State  program
      transfer activities, explaining  roles  of  Head-
      quarters and regional units and establishing pro-
      cedures for providing assistance and  reviewing
      State  program  submissions  (H/R-4th/80)
      (0.8 PY).
    2. Survey  existing State 404-related  programs,
      legislative  authority, and  current  actions and
      interest to provide a basis for regions' work with
      States on program assumption (H/R-4th/80 and
      continuing) (2.5 PY).
    3. Prepare example of State-EPA Memorandum of
      Agreement (MOA) and State Attorney General
      Statement (H-4th/80) (0.2 PY).
    4. Provide on-site assistance to at least one State
      per region on assumption of State 404 Program
      (it  is recognized that a  few regions have more
      than one State interested in the program while
      some regions will  delay any assistance  until
      FY-81 or later) (R-4th/80).
   5. Participate in Section 106 Needs Assessment;
      conduct programmatic evaluation of State staff-
      ing and funding needs for use by Needs Assess-
      ment  group; ensure that State 404  funding
      needs are  adequately addressed through Sec-
      tion 106/205(g)  mechanisms (R).
   6. Ensure that appropriate levels of State 404 fund-
      ing  are  included  in State-EPA Agreements
      (SEA's)  and  other  transfer  vehicles (R-80/
      continuing).
   7. Review and take action on all State programs
      submitted within the statutory 120-day deadline
      (H/R).
   8. Establish procedures for oversight evaluation of
      approved   programs,  including  organizational
      roles,  timetables,  action  mechanisms,   and
      evaluation  (H-1st/81) (0.3 PY); carry out over-
     sight evaluations as required by State program
      regulations.
   9.  Prepare citizens  guide  of  final State transfer
     regulations (H-1st/81).

Objective #4:  Develop and  implement an effec-
tive program for enforcement of Section 404

   1. Develop  new mutual enforcement agreement
     with COE (initiated March 1980); issue guidance
     to regional enforcement officers clarifying EPA-
     COE-State  relationships  in accordance  with
     Subsections 404 (h),  (n), and (s) and priorities
     of the 404 enforcement program (H-Office of
     Enforcement).
  2. Provide technical assistance and legal support to
     regions on  major enforcement action (H and
     OGC) (1.0 PY).
  3. Develop guidance for utilization of 404 (c) for
     prohibiting  or restricting   discharges  on  an

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                    The aesthetic value of a wetland is enhanced by the presence of wildlife.
     areawide basis in the absence of (or in advance
     of) permit application (H-2nd/81) (0.3 PY).
  4. Conduct  assessment   of  potential  404 (c)
     designation  areas (R-4th/81).
  5. Evaluate effectiveness of Special Case designa-
     tion and institute appropriate action to correct
     deficiencies. (H-4th/81)  (0.2 PY).

Objective #5: Develop and  implement an active
public involvement program

  1. Complete   general  slide-tape  program  on
     wetlands and the 404  Program and  make
     available to  regions, Office of Public Awareness
     (OPA), and other offices (H-4th/80) (0.1  PY).
  2. Complete  EPA-FWS   wetlands  film   and
     distribute to regions, OPA, and  other offices
     (H-2nd/81)  (0.1 PY).
  3. Develop and  distribute  information handbook
     series, based  on 404  (b) (1)  guidelines  and
     targeted  to   specific   constituent  groups
     (H-4th/80)  (0.2 PY).
  4. Develop and  distribute a booklet on wetland
     protection  and  management for farmers and
     other landowners (H-4th/81) (0.2 PY).

Objective K: Pursue an active role in assessing,
interpreting,   and  fostering research   and
development supportive of the 404 Program

  1. Building upon recent research symposia and
     workshops  and research  project compilations,
     provide for transfer of  state-of-art technology
     to regions (H) (0.3 PY).
2.  Conduct a comprehensive assessment of the
   Des  Plaines  River  headwaters  system  in
   Wisconsin with the objective of characterizing
   a major headwaters ecosystem and evaluating
   mechanisms for  its protection and manage-
   ment, (EPA Region V and Fish & Wildlife Ser-
   vice FY-80).
3.  Conduct a continuing assessment of dredging
   technologies  in   terms  of  comparative  envi-
   ronmental impacts;  through various means dis-
   seminate information on the relative advantages/
   disadvantages of the various technologies with
   the aim of inducing a shift to environmentally
   cleaner technologies (H)  (0.1 PY).
4.  Evaluate impacts of various human activities
   and identify, where possible,  alternatives and
   mitigating practices. Initial projects will include:
   •  Mountaintop  removal/valley filling  mining
     practices in  the  Appalachian  region, EPA
     Region III (80);
   •  Peat mining practices in the Northeast, EPA
     Region III (81); and
   •  Bottomland and hardwood forest conversion,
     EPA Region VI (81).
Note:

   Research projects carried out by ORD are not
   described in this strategy; research plans and
   projects are included in the  Multi-Year Water
   Quality Research Strategy.

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APPENDIX A
For  Further
Information.  .
  Section 404 Program Strategy
  Library Services (MD-35)
  U.S. EPA
  Research Triangle Park NC 27711
  (919) 541-2777

  A Guide to the Dredge or Fill Permit
  Program (C-6, July 1979)
  A Guide to the Consolidated Permit
  Regulations (C-8, May 1980)
  Best Management Practices Guidance,
  Discharge of Dredged or Fill Materials
  (EPA 440/3-79-028, September 1979)
  U.S. EPA Public Information Center
  (PM-215)
  401 M St., S.W.
  Washington DC 20460

  Wetlands: A Case for Protection
  Wetlands Slide/Tape Presentation
  (Available on loan)
  Eileen Hopewell, Librarian
  IMTOTC Lending Library
  U.S. EPA
  Cincinnati OH 45268
  (513) 684-7503
•  Section 404 (b) (1) Guideline Reference
   Aquatic Protection Branch (WH-585)
   Attn: Bob Sanford
   401 M St., S.W.
   Washington DC 20460

•  Consolidated Permit Regulations
   45 Federal Register 33290 (May 19,1980)
   Available from  EPA Regional Offices

•  Index to Consolidated Permit
   Regulations
•  Guidance to State 404 Program
   Regulations
   U.S. EPA
   State Programs Task Force
   Aquatic Protection Branch (WH-585)
   401 M St., S.W.
   Washington DC 20460

Soon to be Available:
•  Informational Handbook  Series —six hand-
   books aimed at dredgers, engineers, farmers, dev-
   elopers, foresters, and the  oil  and gas  industry
   (December 1981)
•  State  Programs  Booklet   Series —seven
   booklets concerning State 404 Programs and the
   resources  in seven ecological regions of the U.S.
   (June 1981)
• Wetlands:  America's  Forgotten
  Resources (February 1981)
• America's Wetlands —16 mm film
  (February 1981)
Natural
APPENDIX B
  EPA is charged by Congress to protect the Nation's
land, air, and water systems. Under a mandate of
national environmental laws focused on air and water
quality, solid waste management, and the control of
toxic substances, pesticides, noise, and radiation, the
Agency strives to formulate  and implement actions
which lead to a compatible balance between human
activities and the ability of natural systems to support
and nurture life.
If you have suggestions, questions, or requests for
further information, they may be  directed to  your
nearest EPA Regional public information office.
EPA Regional Offices

EPA Region 1
JFK Federal Bldg.
Boston MA 02201
Connecticut, Maine, Massachusetts, New Hampshire,
Rhode Island, Vermont
617-223-7223
EPA Region 2
26 Federal Plaza
New York NY 10007
New Jersey, New York, Puerto Rico, Virgin Islands
212-264-2515
10

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EPA Region 3
6th and Walnut Streets
Philadelphia PA 19106
Delaware,  Maryland,  Pennsylvania, Virginia, West
Virginia, District of Columbia
215-597-4081

EPA Region 4
345 Courtland Street NE
Atlanta GA 30308
Alabama,   Georgia,   Florida,  Mississippi,  North
Carolina, South Carolina, Tennessee, Kentucky
404-881-3004

EPA Region 5
230 S. Dearborn
Chicago IL 60604
Illinois,  Indiana,  Ohio,  Michigan,  Wisconsin,
Minnesota
312-353-2072

EPA Region 6
1201 Elm Street
Dallas TX 75270
Arkansas, Louisiana, Oklahoma, Texas, New Mexico
214-767-2630
EPA Region 7
324 East 11th Street
Kansas City MO 64106
Iowa, Kansas, Missouri, Nebraska
816-374-6201

EPA Region 9
215 Fremont Street
San Francisco CA 94105
Arizona, California,  Hawaii, Nevada, Pacific Islands
415-556-1840
EPA Region 8
1860 Lincoln Street
Denver CO 80295
Colorado,  Utah, Wyoming, Montana, North Dakota,
South Dakota
303-837-3878
 EPA Region 10
 1200 Sixth Avenue
 Seattle WA 98101
 Alaska, Idaho, Oregon, Washington
 206-442-1203
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12     Pictures courtesy of   Cindy Van Duyne    Matt Schweisberg    Chris Zarba

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