Laws

Regulations

Guidance

Scientific Documents

Policy and Technical Guidance Documents

Section 404 Jurisdiction

Generally

1989 Memorandum of Agreement- allocates responsibilities between EPA and the Corps for determining the geographic scope of the Section 404 program and the applicability of exemptions from regulation under Section 404(f).

Information pertaining to Wetlands Delineation

Geographic Jurisdiction

Information pertaining to Clean Water Act definition of "Waters of the United States"

Dredged Material

Information pertaining to Revisions to Clean Water Act Regulatory Definition of "Discharge of Dredged Material," January 17, 2001, Final Rule

Scope

Revisions to the Clean Water Act Regulatory Definition of "Discharge of Dredged Material," May 10, 1999, Final Rule

Memorandum on Issuance of Final Rule Responding to National Mining Association Decision, May 10, 1999 joint memorandum from EPA and the U.S. Army Corps of Engineers

Guidance Regarding Regulation of Certain Activities in Light of American Mining Congress v. Corps of Engineers, April 11, 1997 guidance from EPA and the U.S. Army Corps of Engineers.

Dredged Material Management

Comparison of Dredged Material to Reference Sediment
The Environmental Protection Agency (EPA) is proposing to revise the Clean Water Act Section 404(b)(1) Guidelines (Guidelines) to provide for comparison of dredged material proposed for discharge with "reference sediment," for the purposes of conducting chemical, biological, and physical evaluations and testing.

Inland Testing Manual -This joint EPA and Corps document, "Evaluation of Dredged Material Proposed for Discharge in Waters of the U.S. -Testing Manual" (ITM), provides guidance regarding technical protocols under Section 404 for evaluating proposed discharges of dredged material associated with navigational dredging projects.

Fill Material

Final Revisions to the Clean Water Act Regulatory Definitions of "Fill Material" and "Discharge of Fill Material"

Information pertaining to Proposed Revisions To The Regulatory Definition Of "Fill Material," June 16, 2000

1986 Memorandum of Agreement - outlines EPA and Corps approach to controlling discharges of solid waste into wetlands and other waters.

Dispute Resolution under Section 404(q)

1992 Memorandum of Agreement - establishes procedures for the Corps and EPA to minimize delays and resolve disputes in the issuance of Section 404 permits.

Establishing Appeals for Landowners

Final Rule for Appeals Procedure - Establishes a procedure to appeal a permit denied with prejudice by the District Engineer, as well as appeal of a declined proffered individual permit. (PDF, 115KB, 15 pages)

Mitigation/Mitigation Banking

www.MitigationActionPlan.gov - Mitigation Action Plan Interagency Website

National Wetlands Mitigation Action Plan - On December 26, 2002, EPA and the Corps of Engineers announced the release of a comprehensive, interagency National Wetlands Mitigation Action Plan, as well as an improved Wetlands Mitigation Regulatory Guidance Letter, to further achievement of the goal of no net loss of wetlands. Below are links to the joint press release, the documents themselves, and related information and guidance documents. (PDF, 178KB, 12 pages) EPA-Corps Mitigation Action Plan Press Release

• 2002 Mitigation Regulatory Guidance Letter (RGL) 02-2, "Guidance on Compensatory Mitigation Projects for Aquatic Resource Impacts Under the Corps Regulatory Program Pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899". (PDF, 227KB, 16 pages)
• Transportation Equity Act for the 21st Century (TEA-21) Guidance, "Federal Guidance on the Use of the TEA-21 Preference for Mitigation Banking to fulfill Mitigation Requirements under Section 404 of the Clean Water Act". (PDF, 1.4MB, 8 pages) TEA-21 Guidance Press Release

National Academy of Sciences Wetlands Mitigation Study - On June 26, 2001, the National Academy of Sciences released a comprehensive analysis on the effectiveness of compensatory mitigation under Section 404 of the Clean Water Act and makes recommendations for federal agencies and states on how to proceed with effective ecological replacement of wetland functions lost to authorized development activities.

General Accounting Office In-Lieu-Fee Report (GAO 01325) - On May 31, 2001, the General Accounting Office (GAO) released the results of its investigation on the use of in-lieu-fee arrangements to mitigate wetlands losses and provided two recommendations to improve the accountability of in-lieu-fee mitigation. (PDF, 2.6MB, 75 pages)

2000 In-Lieu-Fee Mitigation Guidance - Interagency guidance issued in 2000 to clarify the agencies policy on the manner in which in-lieu-fee mitigation may be used to satisfy compensatory mitigation requirements. (PDF, 276KB, 9 pages)

1995 Mitigation Banking Guidance - interagency guidance issued in 1995 to encourage the expanded use of mitigation banking. The document clarifies the agencies' policy on the establishment, use, and operation of mitigation banks.

1990 Memorandum of Agreement - contains the policy and procedures to be used in determining the type and level of mitigation necessary to demonstrate compliance with the Section 404(b)(1) guidelines.

For additional information on mitigation banking link to the Institute for Water Resources Home Page

Wetlands on Agricultural Lands

1994 Memorandum of Agreement- clarifies agency responsibilities for wetlands delineations on agricultural lands under both the Clean Water Act and Swampbuster programs.

1990 Memorandum to the Field- explains the applicability of the Section 404 program to agriculture and clarifies agricultural exemptions under section 404(f).

Wetlands and Forestry

Summary of the Forestry Resolution- outlines the innovative resolution of a long-standing silvicultural issue affecting forested wetlands in the Southeast. The guidance clarifies where a wetlands permit is not needed when certain 'Best Management' practices are conducted in association with forestry site preparation.

1995 Forestry Guidance - the full text of the guidance.

Coral Reef Guidance

1999 Memorandum to the Field - emphasizes the protection afforded the Nation's valuable coral reef ecosystems under the Clean Water Act (CWA) Section 404 regulatory program, the Marine Protection, Research, and Sanctuaries Act (MPRSA) Sections 102 and 103 provisions, Rivers and Harbors Act (RHA) Section 10 requirements, and Federal Projects conducted by the Corps.

Regulatory Flexibility

1995 Memorandum to the Field - identifies regulatory flexibility under Section 404 of the Clean Water Act to those small landowners impacting less than two acres of wetlands on their property.

1993 Memorandum to the Field - clarifies that the level of review associated with a permit application is linked to the nature of anticipated environmental impacts. Thus, small projects with fewer impacts require less review.

Surface Coal Mining Operations

EPA/Corps Memo on CWA Requirements and Coal Mining Operations - May 5, 2003 (PDF format, 5 pages, 179 KB).

1999 Memorandum of Understanding - establishes a process for improving coordination among the U.S. Office of Surface Mining, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and West Virginia Division of Environmental Protection, in the review of permit applications required for surface coal mining and reclamation operations resulting in the placement of excess spoil fills in the waters of the United States in West Virginia.

Wetlands and Water Quality

1990 National Guidance - Water Quality Standards for Wetlands - assists States in applying their water quality standards regulations to wetlands.

Wetlands and Non-point Source Control

1990 National Guidance: Wetlands and Non-Point Source Control - describes how State non-point source programs can use the protection of existing wetlands and the restoration of previously lost or degraded wetlands to meet the water quality objectives of adjacent or downstream water bodies.

Enforcement

1989 Memorandum of Agreement - establishes the allocation of enforcement responsibilities between EPA and the Corps for Section 404 of the Clean Water Act.

Corps Regulatory Guidance Letters

RGLs on the Corps of Engineers Home Page
access to the guidance the Corps issues to its field staff.

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