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  1. Home
  2. Section 404 of the Clean Water Act

Chronology of CWA Section 404(q) Actions

Post-1992 Actions

Background Materials
  • Issue Resolution under Clean Water Act Section 404(q) (pdf) (639.07 KB)
  • Section 404(q) Index Page
  • 1992 Memorandum of Agreement
    • Text of Agreement
    • Signed Agreement

Nanushuk Development Project - Nanushuk, Alaska

  • Letter from RA to District stating intent to elevate to EPA HQ  - signed April 23, 2019
  • Letter from RA to District withdrawing intent to elevate to EPA HQ  - signed May 24, 2019

Potash Corporation of Saskatchewan - Aurora, North Carolina

  • Elevation Request Letter from RA to EPA HQ - signed March 17, 2009
  • Elevation Request Letter to Army - signed April 3, 2009
  • Army Response Letter - signed May 6, 2009

Cotton Lane Bridge - Maricopa County, Arizona

  • Elevation Request Letter from RA to EPA HQ - signed September 7, 2006
  • EPA HQ Response Letter to EPA Region - signed October 25, 2006

Levee Improvement District 15 - Brazos River near Houston, Texas

  • Elevation Request letter from RA to EPA HQ - signed May 10, 2005
  • EPA HQ Response Letter to EPA Region - signed June 13, 2005

Virginia Seafood Council - Waters of the Chesapeake Bay & Atlantic Ocean

  • Supplemental Information Letter from RA to EPA HQ - signed March 10, 2003
  • Elevation Withdrawal Letter - signed March 27, 2003

Breckenridge Ski Area - Cucumber Gulch, Colorado

  • Elevation Request Letter to Army - signed January 19, 2001
  • Army Response Letter & Analysis - signed February 5, 2001

Middle & Magothy Rivers - Baltimore & Anne Arundel Counties, Maryland

  • Elevation Request Letter to Army - signed December 22, 2000
  • Army Response Letter & Analysis - signed January 19, 2001

Diablo Grande Limited Partnership - Stanislaus County, California

  • Elevation Request Letter to Army - signed December 4, 2000
  • Army Response Letter & Analysis - signed January 4, 2001
  • Elevation Follow up Letter - signed January 19, 2001

Spectrum 5/Irvine Company - Orange County, California

  • Elevation Request Letter from RA to EPA HQ - signed September 30, 1998
  • Elevation Withdrawal Letter - signed October 20, 1998

Hopkins Coal (formerly Andalex Resources, Inc.) - Hopkins County, Kentucky

  • Elevation Notification Letter to Corps - signed June 5, 1998
  • Elevation Withdrawal Letter - signed June 25, 1998

Casino World - Biloxi Bay, Mississippi

  • Elevation Request Letter from RA to EPA HQ

Pinehills Development (Circus Circus Casino)

  • Elevation Request Letter from RA to EPA HQ - signed August 12, 1997

North Fork Hughes River - Ritchie & Doddridge Counties, West Virginia

  • Elevation Request Letter from RA to EPA HQ - signed October 27, 1994
  • Elevation Request Letter to Army - signed November 22, 1994
  • Letter from Army to EPA accepting elevation - signed December 22, 1994
  • Corps HQ guidance memo to District on permit elevation - signed January 26, 1995

Spectrum Gaming/D'Iberville Landing Casino - D'Iberville, Biloxi Bay, Mississippi

  • Elevation Request Letter to Army - signed October 3, 1994
  • Elevation Withdrawal Letter - signed October 31, 1994

Klatt Bog - Anchorage, Alaska

  • Elevation Request Letter to Army - signed May 26, 1994
  • Letter from Army to EPA accepting elevation - signed June 27, 1994
  • Army Guidance Memo - signed September 6, 1994
  • Addendum to Guidance Memo - signed September 28, 1994

Delta Environmental Land Trust Association (DELTA) - Louisiana, Mississippi, and Arkansas

  • Elevation Notification Letter to Corps - signed December 22, 1993
  • Elevation Withdrawal Letter - signed January 19, 1994

Florida Power Corporation - Tampa, Florida

  • Elevation Request Letter to Army - signed December 30, 1993
  • Army Response Letter - signed January 31, 1994
  • Elevation Follow-up Letter - signed February 10, 1994

Petro-Star/City of Valdez - Valdez, Alaska

  • Elevation Request Letter to Army - signed June 14, 1993
  • Army Response Letter - signed July 14, 1993
  • Elevation Guidance - signed September 28, 1993

Point au Fer Island - Terrebonne Parish, Louisiana

  • Elevation Request Letter to Army - signed March 23, 1993
  • Army Response Letter - signed May 17, 1993

Churchill Downs (Elliot Homes) - Sacramento, California

  • Elevation Request Letter to Army - signed December 10, 1992
  • Army Response Letter - signed January 11, 1993
  • Elevation Guidance - signed April 27, 1993

Pre-1992 Elevation Actions

Tennessee Department of Transportation - Big Creek/Shelby County, Tennessee

  • Elevation Request Letter to Army - signed December 13, 1991
  • Army Response Letter - signed December 19, 1991
  • Elevation Guidance - signed July 16, 1992

Andalex Resources, Inc. Newcoal Site - Hopkins County, Kentucky

  • Elevation Request Letter to Army - signed August 15, 1991
  • Army Response Letter - signed September 8, 1991
  • Elevation Guidance - signed October 2, 1991

ARCO Alaska, Inc. (Kuparuk Field) - North Slope Alaska

  • Elevation Request Letter to Army - signed August 29, 1990
  • Army Response Letter - signed September 20, 1990

Old Cutler Bay Associates - Dade County, Florida

  • Elevation Request Letter to Army - signed June 4, 1990
  • Elevation Guidance - signed September 13, 1990

Meyer Properties - Gulf Shores, Alabama

  • Elevation Request Letter to Army - signed January 11, 1990
  • Army Response Letter - signed February 2, 1990

Hartz Mountain Development Corporation - Hudson County, New Jersey

  • Elevation Request Letter to Army - signed April 25, 1989
  • Elevation Guidance - signed August 17, 1989

Plantation Landing Resort, Inc. - Jefferson Parish, Louisiana

  • Elevation Request Letter to Army - signed January 13, 1989
  • Army Response Letter - signed February 3, 1989
  • Elevation Guidance - signed April 21, 1989
  • Army Response and Guidance, with cover letter from Army Counsel - signed May 9, 1989

Sears Island - Searsport, Maine

  • Elevation Request Letter to Army - signed April 8, 1988
  • Army Response Letter - signed April 27, 1988

Port of Oakland Airport - Oakland, California

  • Elevation Request Letter to Army - signed April 29, 1986
  • Army Response Letter - signed May 20, 1986

Beaverdam Swamp - Gloucester County, Virginia

  • Elevation Request Letter to Army - signed October 1, 1985
  • Army Response Letter - signed October 24, 1985

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 August 7, 2024
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