INDIVIDUAL SECTION 404 PERMITS

Wetland & Ecological Consultants, LLC consulting services include assisting our clients through the rigorous 404 Permit process. By using our consulting services, our clients are able to focus on the developmental aspects of their project with the comfort of knowing that trained and experienced experts are handling the regulatory aspects of their project.

The US Army Corps of Engineers administers the individual Section 404 permit (IP) program, which typically covers all activities where impacts to jurisdictional waters of the U.S. exceed 0.5 acre, or 300 linear feet of stream. The IP process requires detailed information to justify project need, document impact avoidance and minimization, and mitigate for unavoidable impacts to jurisdictional waters. An IP undergoes a 30-day public notice period, during which the public can comment on the application. Review by federal and state agencies, as well as the general public, is stringent. Regulatory processing and review typically requires approximately three months for small projects with low impacts. Six months or more can be expected for larger and more complex projects with large impacts.

What is a 404 Permit? Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged and fill material into waters of the United States, including wetlands. The primary responsibility for administering and enforcing Section 404 is the U.S. Army Corps of Engineers (USACE). USACE administers the day-to-day program, including individual permit decisions and jurisdictional determinations; develops policy and guidance; and enforces Section 404 provisions. The State’s environmental protection agency is responsible in issuing the 401 Water Quality Certification, which is required to validate an IP.

Once a complete application is received, the formal review process begins. Corps districts operate under a project manager system, where one individual is responsible for handling an application from receipt to final decision. The project manager prepares a public notice, evaluates the impacts of the project and all comments received, negotiates necessary modifications of the project if required, and drafts or oversees drafting of appropriate documentation to support a recommended permit decision. The permit decision document includes a discussion of the environmental impacts of the project, the findings of the public interest review process, and any special evaluation required by the type of proposed activity.