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Clean Water Act Section 404(c): "Veto Authority"

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This page provides updates and background information regarding EPA actions taken pursuant to Clean Water Act Section 404(c). Section 404(c) authorizes EPA to prohibit, restrict, or deny the discharge of dredged or fill material at defined sites in waters of the United States (including wetlands) whenever it determines, after notice and opportunity for public hearing, that use of such sites for disposal would have an unacceptable adverse impact on one or more of various resources, including fisheries, wildlife, municipal water supplies, or recreational areas.

Recent Actions

Spruce No. 1 Surface Mine

Bayou aux Carpes Modification

Big Branch Surface Mine

Final Determination - Yazoo Backwater Area Pumps Project

On August 31, 2008, EPA signed the Final Determination prohibiting the discharge of dredged or fill material into wetlands and other waters of the United States in connection with the construction of the proposed Yazoo Backwater Area Pumps Project (the proposed project). The proposed project is a U.S. Army Corps of Engineers (the Corps) Civil Works project designed to address flooding concerns in a 630,000 acre area situated between the Mississippi and Yazoo Rivers in west-central Mississippi (Yazoo Backwater Area). The primary component of this project is a 14,000 cubic feet per second (cfs) pumping station that would pump surface water out of the Yazoo Backwater Area during high water events on the Mississippi River. Construction and operation of the proposed pumping station would adversely impact at least 67,000 acres of wetlands and other waters of the United States. EPA has determined that these impacts would result in unacceptable adverse effects on fishery areas and wildlife. EPA continues to support the goal of providing improved flood protection for the residents of the Mississippi Delta; however, it believes that this vital objective can be accomplished consistent with ensuring effective protection for the area's valuable natural resources.

Section 404(c) Background Materials

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