United States
                     Environmental Protection
                     Agency
                       Office of Water (WH-556F).
                       Office of Wetlands, Oceans,
                       and Watersheds (A-104 F)
                    EPA843-F-93-001h
                    March 1993
                    WETLAN DS  FACT SH EET # 8
                    Clean  Water Act §404:  Permits
   THE §404 INDIVIDUAL PERMIT PROCESS
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                   Issues PoblkN.
                         ™»«8
   Within 15 days of receiving all peonftinf onnation, the Corps will issue
   a public notice that gives a brief dftCnpnon of the proposed activity,
   its location, potential environsaesKfttapacts, a deadline for receiving
   written comments, and the adfttt^br the agency receiving those
   comments.                .•
   The application is reviewed by tlirCSrps and other interested Federal
   and State agencies, organization** ind individuals.  The comment
   period can take 15 to 30 days depeadtogupon the nature of the activity.
   The necessity to gather infonM*fe»*ftd prepare an Environmental
   Impact Statement (OS) may furmwrextend the comment period.
                                ,
                  Public Hearing
  'Normally, the Corps does not totM a public hearing on a permit;
  however, dozens may request tlutf-orie be held. The Corps will use the
  testimony presented at the he«to(Jjte»S permit review.
   The Corps evaJuates the permitafSicatton based on its regulations
   (the Public Interest Review), an*&k$404 (bXD Guidelines.
   For every permit
   that explains how
   public
   permit ouui]
 Corps prepares a statement of finding
      wallaade. This document is
 provide dat* ti> assist in monitoring
luating a permit -.:s
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                                    TYPES OF §404 PERMITS
                                                                   SECTION 404(a)
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                                          Case-by-case review

                                 • Public interest review and compliance
                                 with theSection404(bX 1) Guidelines, which
                                 are regulations issued by EPA, with the Corps.

                                 Guidelines requirements include:
                                 • Mitigation sequence
                                  (1) avoidance of impacts through practi-
                                     cable alternatives,
                                  (2) minimization of impacts, and
                                  (3) compensation of unavoidable impacts
                                     through creation or restoration.
                                 • No significant degradation.
                                 • Compliance with other laws.

                                            SECTIQN4Q4(e)
The Corps of Engineers has the authority to
issue general permits for those categories of
activities in wetlands and other aquatic areas
that will have only minimal adverse environ-
mental effects-individually or cumulatively.

• General permits are widely used and speed
up the §404 permitting process because they
do not require a detailed, case-specific re-
view.
• General permits are issued on a nation-
wide, regional, and State basis.

If an activity falls under a nationwide per-
mit, a discharger generally (but not al-
ways) can proceed with the activity with-
out first applying for an individual permit
Individu^shWdccmtacttheirlocalCorps
Districts for applicability of general per-
mits.
    TOR MORE INFORMATION:  call the.£P.A Wetlands Hotline* at 1,800-832^7828
contrActor operated
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