The Clean Water Act (CWA) makes it unlawful to discharge dredged or fill material into “waters of the US” without a permit.  Waters of the US generally include wetlands, ponds and streams.  Fill for development (residential, commercial and institutional), infrastructure development (roads and utilities) and mining projects are examples of types of activities in waters of the US regulated under this program.

The most common type of permit issued by the USACE is a Nationwide Permit.  Projects with extensive impacts to jurisdictional waters of the US may require an Individual Permit, which includes review by adjacent land owners, US Fish & Wildlife Service (USFWS), EPA, and any other interested government agencies and members of the general public. The type of permitting required will affect project costs and mitigation requirements.  SME can assist clients with obtaining these permits including the preparation of mitigation design, BMP implementation and construction supervision, as required.

• Section 404. For projects with unavoidable impacts to jurisdictional waters of the US, it is necessary to obtain a permit from the US Army Corps of Engineers (USACE).  The specific type of permitting required will depend on the extent of the proposed impacts.

• Section 401.  Under Section 401 (Water Quality Certification) of the CWA, all applicants for a permit for an activity that may result in the discharge of a pollutant into waters of the US to obtain a certification that the discharge will comply with applicable effluent limitations and water quality standards.  Applications for water quality certifications are reviewed by states, Tribes, and/or the EPA.  SME staff is knowledgeable and experienced in obtaining 401 Water Quality Certification and can assist clients in procuring this certification.