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TECHNICAL SUPPORT SERVICES DIVISION TECHNICAL i al)RANDUM NO. 8 7 -46 - SA- 6 August 29, 19-7 TO County Highway Engineers Distribution:' I Municipal Engineers Distribution: J FROM Gordon M. Fay, Director Office of State Aid SUBJECT: Corps of Engineers (COE), Section 404 Permits Whenever fill is being placed into a waterbody, Section 404 of the Clean Water Act of 1977 applies and a Permit is .reguired. Fill includes earth material, aggregates, riprap, poured concrete, etc. It does not include precast concrete items such as precast culvert sections, etc. Waterbodies are rivers, streams, lakes and wetlands. Generally a legal ditch is a waterbody if it replaces a natural stream, but not otherwise. The Corps of!Engineers have recently updated their regulations regarding the Nationwide' Permit (PW). See attached excerpt from the Federal Register. In many situations no application is required where the NWP applies. Also, there is now a General Permit which applies on many bridge replacement projects. Following is a list of the Permit cases which commonly apply. The first case which applies will usually be the easiest to use. Case I - Where no fill will be placed into any waterbody, a definira statement to this effect is all that is required. Case II a - Nationwide Permit (NWP) for work in waterbodies located above the Headwaters and in Isolated Waters. The NWP applies at locations... _ where.,_ there is less t-han one acre of encroacYYnent . It also applies where there is ' from one to ten acresut the encroachmmt' of encroach ent bis not a substantial adverse modification (in this case, get a written determination from the Corps of Engineers (COE)). If this case applies, mention -that the project is above the Headwaters (or in Isolated Waters), give the approximate area of encroachment in acres, and state that the Nationwide Permit applies (if between one and ten acres of encroactm�ent, attach conments from COE). Reference: Attached Federal Register § 330.5 a (26). Also see M below.