Section 404 Permit Application and Tracking

Site construction activity often requires excavation and/or discharge of dredged or fill material in waters of the U.S. The federal Clean Water Act (CWA) was written to protect and restore the quality of the United State's surface waters. To help in attaining this goal, filling, grading, mechanized land clearing, ditching, other excavation activity, and piling installation in waters of the U.S. require a U.S. Army Corps of Engineers Section 404 Permit prior to the commencement of construction.

Section 10 Permit Application and Tracking

Section 10 of the Rivers and Harbors Act of 1899 requires that regulated activities conducted below the Ordinary High Water (OHW) elevation of navigable waters of the United States be approved/permitted by the U.S. Army Corps of Engineers. Regulated activities include the placement/removal of structures, work involving dredging, disposal of dredged material, filling, excavation, or any other disturbance of soils/sediments or modification of a navigable waterway. Navigable waters of the United States are those waters of the U.S. that are subject to the ebb and flow of the tide shoreward to the mean high water mark and/or are presently used, or have been used in the past or may be susceptible to use to transport interstate or foreign commerce [see attached list]. Navigable waters of the U.S. are not necessarily the same as state navigable waterways. Tributaries and backwater areas associated with navigable waters of the U.S., and located below the OHW elevation of the adjacent navigable waterway, are also regulated under Section 10.