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Abstract: The Clean Water Act section 404 (33 U.S.C. § 1344) permit program regulates the discharge of dredged or fill materials into “waters of the United States.” The definition of “waters of the United States” is very broad and includes, among others, waters such as lakes, rivers, streams, natural ponds and both interstate and intrastate wetlands. The Clean Water Act authorizes the Chief of Engineers, Army Corps of Engineers to issue individual permits and general or nationwide permits for the discharge of dredged or fill materials into the navigable waters of the United States. This article discusses the permit process for the issuance of section 404 permits.
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