US Army Corps of Engineers
Jacksonville District Website

Corps' Jacksonville District prepares for State 404 Assumption

Published Dec. 18, 2020

JACKSONVILLE, Fla.- The U.S. Army Corps of Engineers, Jacksonville District announced the Environmental Protection Agency (EPA,) has approved the State of Florida’s request to assume administration of a portion of the Clean Water Act (CWA) Section 404 program.

The State of Florida, with EPA approval, is authorized to administer its own permit program for the discharge of dredged or fill material into certain waters of the U.S. deemed “assumed waters.” The State of Florida’s authority under Section 404(g), CWA, in “assumed waters,” is in lieu of the permitting program implemented by the Corps, Jacksonville District. The State 404 Program will become effective on the date EPA publishes a notice in the Federal Register.

On the effective date of State 404 Assumption, the FDEP will assume regulatory authority of certain waters of the U.S. within the State of Florida.  The waters the Corps will continue to regulate are referred to as “retained waters.” Pursuant to 404(g) of the CWA, the Corps will retain permitting authority under Section 404 of the CWA for those waters which are presently used, or are susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark, including wetlands adjacent thereto.

After the effective date of the State 404 Program the Corps will continue to process:

  • Pending applications for authorization under Section 10 of the Rivers and Harbors Act of 1899 (RHA).
  • Pending applications for authorization under Section 404 of the CWA where there is a discharge of dredged or fill material into retained waters.
  • Pending request to modify existing Department of the Army permits that authorized a discharge of dredged or fill material into a retained water.
  • Pending requests for minor modifications to existing Department of Army permits located in assumed waters.  Minor modifications are generally ministerial in nature, and shall include the following: a) to correct errors or typographical mistakes; b) to incorporate changes requested by the Corps; c) to change due dates for reporting or performance deadlines; d) to transfer a permit upon a change in ownership or control; and e) to make minor technical changes. Minor modifications may include other minor changes; however, in no case will a minor modification expand the volume or amount, enlarge the footprint, change the location, or extend the duration of the authorized discharge.
  • Pending requests for jurisdictional determinations where the review area is located in a retained water including the 300-foot administrative boundary.

The Corps maintains a high level of cooperation and coordination with the Florida Department of Environmental Protection to assure successful and effective implementation of the Clean Water Act Section 404 program.  The Jacksonville District will work with the State of Florida in its assumption of permitting authority under the Clean Water Act for the discharge of dredged or fill material into certain waters of the United States.

For additional information about Jacksonville District’s Regulatory program and 404 State Assumption, visit

https://www.saj.usace.army.mil/Missions/Regulatory/

 

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Release no. 20-205