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  2. Section 404 of the Clean Water Act

Chronology of CWA Section 404(c) Actions

CWA Section 404(c) Background on "Veto Authority"

Section 404(c) Index Page

14. Pebble Deposit Area - Bristol Bay Watershed, Alaska
  • Final Determination - signed January 30, 2023
    • Final Determination Additional Resources and Background Information
    • Federal Register Notice of Final Determination - February 3, 2023
    • Recommended Determination from RA to AA - signed December 1, 2022
    • Federal Register Notice of Proposed Determination - May 26, 2022
    • Proposed Determination - signed May 25, 2022
13. Spruce No. 1 Surface Mine - Logan County, West Virginia
  • Final Determination - signed January 13, 2011
    • Final Determination Appendices and Background Information
    • Federal Register Notice of Final Determination- January 19, 201
    • Recommended Determination from RA to AA - signed September 24, 2010
    • Federal Register Notice of Proposed Determination - April 2, 2010
12. Yazoo Backwater Area Pumps Project - Issaquena County, Mississippi
  • Final Determination - signed August 31, 2008
    • Final Determination Appendices and Background Information
    • Federal Register Notice of Final Determination- September 19, 2008
    • Recommended Determination from RA to AA - signed June 23, 2008
    • Federal Register Notice of Proposed Determination - March 19, 2008
  • Responses to Requests for Applicability Determinations
    • EPA’s Letter Regarding the Applicability of its 2008 Clean Water Act Section 404(c) Final Determination for the Yazoo Pumps Project to the 2024 Plan for the Yazoo Pumps Project - January 8, 2025 (pdf) (992.66 KB)
    • EPA’s Reconsideration of its November 30, 2020 Letter Regarding the Applicability of its 2008 Clean Water Act Section 404(c) Final Determination for the Yazoo Pumps Project to the 2020 Yazoo Pumps Project - November 17, 2021 (pdf) (2.03 MB)
11. Two Forks Water Supply Impoundments - Jefferson and Douglas Counties, Colorado
  • Final Determination - signed November 23, 1990
    • Federal Register Notice of Final Determination - January 2, 1991
    • Recommended Determination from RA to AA - signed March 26, 1990
    • Federal Register Notice of Proposed Determination - September 5, 1989
10. Big River Water Supply Impoundment - Kent County, Rhode Island
  • Final Determination - signed March 1, 1990
    • Federal Register Notice of Final Determination - March 22, 1990
    • Recommended Determination from RA to AA - signed October 6, 1989
    • Federal Register Notice of Proposed Determination - February 1, 1989
9. Ware Creek Water Supply Impoundment - James City County, Virginia
  • Final Determination on Remand - signed March 27, 1992
  • Final Determination - signed July 10, 1989
    • Federal Register Notice of Final Determination - August 15, 1989
    • Recommended Determination from RA to AA - signed February 17, 1989
    • Federal Register Notice of Proposed Determination - November 18, 1988
8. Lake Alma Impoundment - Bacon County, Georgia
  • Final Determination - signed December 16, 1988
    • Federal Register Notice of Final Determination - February 14, 1989
    • Recommended Determination from RA to AA - signed October 5, 1988
    • Federal Register Notice of Proposed Determination - July 15, 1988
7. Henry Rem, Marion Becker, et. al. and Senior Corporation Sites - Dade County, Florida
  • Final Determination - signed June 15, 1988
    • Federal Register Notice of Final Determination - August 10, 1988
    • Recommended Determination from RA to AA - signed February 9, 1988
    • Federal Register Notice of Proposed Determination - October 16, 1987
6. Russo Development Corporation Site - Carlstadt, New Jersey
  • Modification to Final Determination - signed September 7, 1995
    • Federal Register Notice of Amended Final Determination - September 13, 1995
  • Final Determination - signed March 21, 1988
    • Federal Register Notice of Final Determination - May 9, 1988
    • Recommended Determination from RA to AA - signed January 19, 1988
    • Federal Register Notice of Proposed Determination - August 7, 1987
5. Sweedens Swamp Site - Attleboro, Massachusetts
  • Final Determination - signed May 13, 1986
    • Federal Register Notice of Final Determination - June 24, 1986
    • Recommended Determination from RA to AA - signed March 4, 1986
    • Federal Register Notice of Proposed Determination - August 21, 1985
4. Bayou aux Carpes Site - Jefferson Parish, Louisiana
  • Modification to Final Determination - signed May 27, 2009
    • Federal Register Notice of Amended Final Determination - July 28, 2009 (pdf) (144.69 KB, July 28, 2009)
    • Recommended Determination cover letter from EPA Region 6 to EPA HQ - signed April 2, 2009
    • Recommended Determination from RA to AA - signed April 2, 2009
    • Letter from Army to EPA requesting modification to 1985 Final Determination - signed November 4, 2008
  • Modification to Final Determination - signed February 28, 1992
    • Federal Register Notice of Amended Final Determination - April 17, 1992
  • Final Determination - signed October 16, 1985
    • Federal Register Notice of Final Determination - November 15, 1985
    • Recommended Determination from RA to AA - signed August 30, 1985
    • Federal Register Notice of Proposed Determination - May 17, 1985
  • Responses to Requests for Applicability Determinations 
    • Response to request from US Army Corps of Engineers (New Orleans District) for 1985 Final Determination Exception 3 Consistency Determination – December 10, 2020 (pdf) (331.84 KB)
    • Response to request from US National Park Service (Jean Lafitte National Historical Park and Preserve) for 1985 Final Determination Exception 3 Consistency Determination – July 1, 2020 (pdf) (212.5 KB)
    • Response to request from Entergy Louisiana, LLC for 1985 Final Determination Exception 2 Consistency Determination - December 2, 2014 (pdf) (840.37 KB)
3. Jack Maybank Site - Jehossee Island, South Carolina
  • Final Determination - signed April 5, 1985
    • Federal Register Notice of Final Determination - May 15, 1985
    • Recommended Determination from RA to AA - signed January 18, 1985
    • Federal Register Notice of Proposed Determination - July 26, 1984
2. M.A. Norden Company Site - Mobile, Alabama
  • Modification to Final Determination - signed August 29, 1994
    • Federal Register Notice of Amended Final Determination - September 7, 1994
  • Final Determination - signed June 15, 1984
    • Federal Register Notice of Final Determination - July 18, 1984
    • Recommended Determination from RA to AA - signed January 13, 1984
    • Federal Register Notice of Proposed Determination - November 10, 1983
1. North Miami Landfill Site - Dade County, Florida
  • Final Determination - signed January 19, 1981
    • Federal Register Notice of Final Determination - February 2, 1981
    • Recommended Determination from RA to AA - signed November 28, 1980
    • Federal Register Notice of Proposed Determination - August 1, 1980
  • Responses to Requests for Applicability Determinations
    • Response to request from Oleta Partners (Sole Mia Development) for clarification that proposed work is consistent with 1981 Final Determination – July 19, 2017 (pdf) (333.96 KB)

Section 404 of the Clean Water Act

  • Laws and Regulations
    • Policy and Guidance
    • Scientific Documents
    • Issue Resolution
    • Veto Authority
  • Section 404 Permit Program
  • Compensatory Mitigation
  • Section 404 Enforcement
  • EPA Regional Contacts
  • Army Corps of Engineers
Contact Us About Section 404 of the Clean Water Act
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on January 17, 2025
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