Section 404 - 401 Procedures, Applications and Permits
Section 404 Procedures Manual
This manual provides guidance on the preparation of jurisdictional
delineations, Nationwide Permit preconstruction notification submittals,
and Individual Permit applications. This manual is divided into
5 easy-to-follow steps beginning with jurisdictional delineations
and ending with Section 401 certification. This is a must resource
for all practitioners involved with Section 404 permitting.
Note: This Manual was completely updated in November
2007 to reflect the new Nationwide Permits and to update submittal
requirements for the Corps and ADEQ. Please refer to the Revision
Chart for subsequent updates.
| • Procedures
Manual Revision History |
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Revision
Chart |
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| • Cover
Sheet, Endcaps, Tabs |
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Cover
Sheet 11 X 17 |
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Endcaps
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Tabs
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| • Forward,
Table of Contents, and Introduction |
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Forward
and Table of Contents |
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Introduction
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Section
404 Application and Approval Process Flowchart |
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Section
401 Application Certification Flowchart |
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| • STEP
1: Are waters of the US present within the boundaries of the
activity? |
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Step
1 Text |
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Attachment
1-1: 33 CFR 328 - Definition of Waters of the United States
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Attachment
1-2: Required Submittal Items for Jurisdictional Delineations
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Attachment
1-3: Corps Labels for Jurisdictional Delineations |
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Attachment
1-4: Tables of Wash Summary and JD Physical Characteristics
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Attachment
1-5: Approved Jurisdictional Determination Form ~ to be
used when instructed by the EPG Planner |
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Attachment
1-6: Preliminary Jurisdictional Determination Form ~ to
be used in most instances |
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| • STEP
2: Will the activity involve the discharge of dredged or fill
material into waters of the US? |
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Step
2 Text |
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Attachment
2-1: Part 323 - Permits for Discharges of Dredged or Fill
Material into Waters of the US |
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| • STEP
3: What type and quantity of impacts on waters of the US will
result from the activity and will the impacts be mitigated? |
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Step
3 Text |
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| • STEP
4: What type of Section 404 permit is required for the activity? |
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Step
4 Text |
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Attachment
4-1: Summary of 2007 Nationwide Permits |
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Attachment
4-2: Environmental Planning Checklist for 404 Permit Applications
/ EPG Nationwide - Individual Permit Application Review
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Attachment
4-3: Application for Department of the Army Permit |
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| • STEP
5: What type of Section 401 certification is required for
the activity? |
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Step
5 Text |
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Attachment
5-1: 33 US Code 1341 - Certification |
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Attachment
5-2: AAC Article 1, Section R18-11-112 Unique Waters
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Attachment
5-3: Required Components of an Individual Certification Application
to the EPA |
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Attachment
5-4: EPA's General and Permit-Specific Conditions for Section
401 Certification |
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Attachment
5-5: ADEQ Application for Section 401 Certification |
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Attachment
5-6: ADEQ/WQD Form 404-033 - Applicant's Response to ADEQ
Policy for Protecting Water Quality During Facility Construction
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Attachment
5-7: White Mountain Apache Tribe Requirements for Section
401 Individual Certification |
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| • Acronyms
and Glossary |
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Acronyms
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Glossary
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| • Appendices
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Appendix
1: Guidelines for JD Determinations for Waters of the US in
the Arid Southwest, Final Summary Report |
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Appendix
2: Guidance on Compensatory Mitigation Projects for Aquatic
Resource Impacts |
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Appendix
3: Guidance for the Establishment, Use and Operation of Mitigation
Banks |
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Appendix
4: Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory
Mitigation |
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Appendix
5: Minimum Monitoring Requirements for Compensatory Mitigation
Projects
Involving the Restoration, Establishment, and/or Enhancement
of Aquatic Resources |
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Appendix
6: Section 401 Conditions Modified for ADOT Activities
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Appendix
7: Special Public Notice - Nationwide Permits for Arizona
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Appendix
8: Nationwide Permit 23, Approved Categorical Exclusions -
Special Public Notice |
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Appendix
9: Nationwide Permit 23, Approved Categorical Exclusions -
Regulatory Guidance Letter |
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Appendix
10: Operating Agreement - Integration Process Relative to
NEPA and Section 404 |
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Appendix
11: Section 404(b)(1) Guidelines for Specification of Disposal
Sites for Dredged or Fill Material |
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Appendix
12: Corps 404(b)(1) Template |
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Appendix
13: Special Public Notice - Emergency Processing Procedures
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Notification Forms
These three forms consist of Certification of Compliance, Notification
of Commencement of Work, and Notification of Completion of Work.
Certification
of Compliance with Department of the Army Nationwide Permit
Notification
of Commencement of Work
Notification
of Completion of Work
Instruction to Contractors
These two downloads include: 1) a one-page document emphasizing
the need for contractor to follow mitigation measures on ADOT
projects, including those under Section 404, and 2) a checklist
for contractors to follow on the Section 404 requirements.
Environmental
Protection on ADOT Projects - Instruction to Contractors
Checklist
for Environmental Compliance
Stand-Alone Nationwide Permits for Arizona
These downloads contain all of the terms and conditions of stand-alone
Section 404 Nationwide Permits, effective March 19, 2007. Each
download is a Word document; the file size varies between 130KB
- 200KB.
Documents are posted as they become available in PDF format,
which requires Adobe
Reader to view.
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