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AASHTO PG14
AASHTO Practitioner’s handbook - Applying the Section 404(b)(1) Guidelines in Transportation Project Decision-Making - Revision 1
Year: 2011
Abstract: Overview
Section 404 of the Clean Water Act prohibits the discharge of dredged or fill materials into waters of the United States, except when authorized by a permit issued by the U.S. Army Corps of Engineers (Corps). Waters of the United States—also called jurisdictional waters—include many wetlands, streams, lakes, and rivers, as well as oceans.
Section 404(b)(1) of the Clean Water Act directs the U.S. Environmental Protection Agency (EPA) to issue "guidelines" that the Corps must follow when issuing Section 404 permits. EPA complied with that mandate by issuing the regulations known as the Section 404(b)(1) Guidelines, which are codified at 40 C.F.R. Part 230.
Federal agencies typically consider the Guidelines as one part of an environmental review process that includes compliance with many other laws, such as the National Environmental Policy Act (NEPA). Therefore, rather than addressing the Guidelines in isolation, this Handbook considers the Guidelines in the context of the environmental review process as a whole. The Handbook uses a step-by-step approach to illustrate the actions that can be taken throughout the process to lay the groundwork for compliance with the Guidelines.
It is important to note several points regarding the scope and emphasis of this Handbook:
■ This Handbook is intended for transportation agencies, not permitting agencies. Therefore, it focuses on actions that transportation agencies can take in their capacity as project sponsors, joint lead agencies, and/or permit applicants. It is not intended as a manual or guide for permitting officials in the Corps or other agencies.
■ The Handbook focuses on projects that require an individual Section 404 permit under the Clean Water Act and that involve preparation of an EIS or EA under NEPA—in other words, relatively large and complex projects. These projects are the focus of the Handbook because they are the ones that are most likely to involve difficulties or disagreements regarding the application of the Guidelines. The Handbook does not address projects that qualify for nationwide or regional general permits.
■ The Handbook focuses on Section 404 permitting, rather than covering all forms of Corps permitting equally. As background, the Handbook briefly discusses permits issued by the Corps under Sections 9 and 10 of the Rivers and Harbors Act.
■ The Handbook focuses on the Guidelines specifically, rather than covering all aspects of Section 404 permitting. The Handbook focuses on the Guidelines because of their important role in decision-making for complex transportation projects. As context for the discussion of the Guidelines, the Handbook includes background information on other important aspects of Section 404 permitting, such as jurisdictional determinations.
Section 404 of the Clean Water Act prohibits the discharge of dredged or fill materials into waters of the United States, except when authorized by a permit issued by the U.S. Army Corps of Engineers (Corps). Waters of the United States—also called jurisdictional waters—include many wetlands, streams, lakes, and rivers, as well as oceans.
Section 404(b)(1) of the Clean Water Act directs the U.S. Environmental Protection Agency (EPA) to issue "guidelines" that the Corps must follow when issuing Section 404 permits. EPA complied with that mandate by issuing the regulations known as the Section 404(b)(1) Guidelines, which are codified at 40 C.F.R. Part 230.
Federal agencies typically consider the Guidelines as one part of an environmental review process that includes compliance with many other laws, such as the National Environmental Policy Act (NEPA). Therefore, rather than addressing the Guidelines in isolation, this Handbook considers the Guidelines in the context of the environmental review process as a whole. The Handbook uses a step-by-step approach to illustrate the actions that can be taken throughout the process to lay the groundwork for compliance with the Guidelines.
It is important to note several points regarding the scope and emphasis of this Handbook:
■ This Handbook is intended for transportation agencies, not permitting agencies. Therefore, it focuses on actions that transportation agencies can take in their capacity as project sponsors, joint lead agencies, and/or permit applicants. It is not intended as a manual or guide for permitting officials in the Corps or other agencies.
■ The Handbook focuses on projects that require an individual Section 404 permit under the Clean Water Act and that involve preparation of an EIS or EA under NEPA—in other words, relatively large and complex projects. These projects are the focus of the Handbook because they are the ones that are most likely to involve difficulties or disagreements regarding the application of the Guidelines. The Handbook does not address projects that qualify for nationwide or regional general permits.
■ The Handbook focuses on Section 404 permitting, rather than covering all forms of Corps permitting equally. As background, the Handbook briefly discusses permits issued by the Corps under Sections 9 and 10 of the Rivers and Harbors Act.
■ The Handbook focuses on the Guidelines specifically, rather than covering all aspects of Section 404 permitting. The Handbook focuses on the Guidelines because of their important role in decision-making for complex transportation projects. As context for the discussion of the Guidelines, the Handbook includes background information on other important aspects of Section 404 permitting, such as jurisdictional determinations.
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| contributor author | AASHTO - American Association of State Highway and Transportation Officials | |
| date accessioned | 2017-09-04T18:10:42Z | |
| date available | 2017-09-04T18:10:42Z | |
| date copyright | 06/01/2011 | |
| date issued | 2011 | |
| identifier other | GXWBNEAAAAAAAAAA.pdf | |
| identifier uri | https://yse.yabesh.ir/std/handle/yse/193691 | |
| description abstract | Overview Section 404 of the Clean Water Act prohibits the discharge of dredged or fill materials into waters of the United States, except when authorized by a permit issued by the U.S. Army Corps of Engineers (Corps). Waters of the United States—also called jurisdictional waters—include many wetlands, streams, lakes, and rivers, as well as oceans. Section 404(b)(1) of the Clean Water Act directs the U.S. Environmental Protection Agency (EPA) to issue "guidelines" that the Corps must follow when issuing Section 404 permits. EPA complied with that mandate by issuing the regulations known as the Section 404(b)(1) Guidelines, which are codified at 40 C.F.R. Part 230. Federal agencies typically consider the Guidelines as one part of an environmental review process that includes compliance with many other laws, such as the National Environmental Policy Act (NEPA). Therefore, rather than addressing the Guidelines in isolation, this Handbook considers the Guidelines in the context of the environmental review process as a whole. The Handbook uses a step-by-step approach to illustrate the actions that can be taken throughout the process to lay the groundwork for compliance with the Guidelines. It is important to note several points regarding the scope and emphasis of this Handbook: ■ This Handbook is intended for transportation agencies, not permitting agencies. Therefore, it focuses on actions that transportation agencies can take in their capacity as project sponsors, joint lead agencies, and/or permit applicants. It is not intended as a manual or guide for permitting officials in the Corps or other agencies. ■ The Handbook focuses on projects that require an individual Section 404 permit under the Clean Water Act and that involve preparation of an EIS or EA under NEPA—in other words, relatively large and complex projects. These projects are the focus of the Handbook because they are the ones that are most likely to involve difficulties or disagreements regarding the application of the Guidelines. The Handbook does not address projects that qualify for nationwide or regional general permits. ■ The Handbook focuses on Section 404 permitting, rather than covering all forms of Corps permitting equally. As background, the Handbook briefly discusses permits issued by the Corps under Sections 9 and 10 of the Rivers and Harbors Act. ■ The Handbook focuses on the Guidelines specifically, rather than covering all aspects of Section 404 permitting. The Handbook focuses on the Guidelines because of their important role in decision-making for complex transportation projects. As context for the discussion of the Guidelines, the Handbook includes background information on other important aspects of Section 404 permitting, such as jurisdictional determinations. | |
| language | English | |
| title | AASHTO PG14 | num |
| title | AASHTO Practitioner’s handbook - Applying the Section 404(b)(1) Guidelines in Transportation Project Decision-Making - Revision 1 | en |
| type | standard | |
| page | 26 | |
| status | Active | |
| tree | AASHTO - American Association of State Highway and Transportation Officials:;2011 | |
| contenttype | fulltext |