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Clean Water Act and Waters of the U.S.


STEP 1.  Will the planned action or activity involve or likely result in, the discharge of dredged or fill material or other pollutant into “waters of the United States,” or is the project in proximately of a water that has been listed by the state as “impaired” under Section 303(d)? 

NO [  ]                 YES [  ]                 UNKNOWN [  ]

  1. If your answer is "No,” document this on form NRCS-CPA-52 or equivalent and proceed with planning.

  2. If your answer is "Yes,” go to step 2.

  3. If your answer is "Unknown,” meaning that you do not know if the action will involve the discharge of dredged or fill material or other pollutant into waters of the United States, or if the project is in proximately to a Section 303(d) water, the client should contact the appropriate Corps or state water quality office for a determination.  Repeat step 1.

STEP 2.    Has the client obtained a Section 404 and/or a NPDES (Section 402) permit or a determination of an exemption? 

YES [  ]                NO [  ]                  UNKNOWN [  ]

  1. If your answer is "Yes,” document this on form NRCS-CPA-52 or equivalent and proceed with planning. The final plan should not be contrary to the provisions of the permit authorization or exemption.  Changes made during the planning process that may impact the applicability of the permit, such as amount or location of fills or discharges of pollutants should be coordinated with the Corps.

  2. If your answer is "no,” determine if the client has applied for a permit.  If a permit has been applied for, document this, and continue the planning process in consultation with the client and the regulatory agencies.  If a permit has not been applied for, the client should apply.   Continue the planning process in consultation with the client and the regulatory agencies.  The permit authorization should reflect the final plan and documentation. 

  3. If your answer is "Unknown,” meaning that you do not know if authorization has been obtained or applied for, consult the client and repeat step 2.
















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