Table 2. Steps That Section 404 Permit Applicants Can Take to Help Assure Compliance
Source: USACE 2002b - http://www.sas.usace.army.mil/permit/nepa.pdf.

Follow 404(b)(1) sequence
  • To the maximum extent practicable, minimize unavoidable adverse impacts of the preferred alternative;
  • Prepare a compensatory mitigation plan necessary to replace the wetland functions that would be lost as a result of unavoidable adverse impacts.
Prepare acceptable mitigation plan and include in permit application
  • Submit conceptual compensatory mitigation plan with permit application.
  • Prepare detailed plan that is negotiated with the agencies. Plan must provide in-kind functional replacement for habitat functions lost as a result of unavoidable adverse impacts.
Determine project purpose and need
  • This is a critical element in USACE evaluation for compliance with the 404 (b)(1) Guidelines of the CWA, and guides the scope of review .
Single point of contact with USACE
  • Identify a single point of contact for purposes of coordinating with the USACE. This will improve communication and
  • facilitate the orderly processing of the permit.
Assemble a project team
  • Form a team including certified project manager, various experts and specialists, meetings coordinator, and an attorney.
  • The team should be able to address the highly complex concerns and issues raised by public and governmental agencies during permit review.
  • Team should include experts on NEPA, 404, WRP, and NHPA.
Develop organized record keeping system

Record should include

  • The permit application and supporting documentation including jurisdictional
  • Wetland determinations
  • Notice of Intent to prepare EIS for purposes of the Federal Register, or
  • Public Notice
  • Correspondence
  • Written comments during the public interest process
  • Responses by the applicant to public interest issues
  • Alternatives analysis incorporating the CWA 404 (b)(1), NEPA and NHPA
  • Regulations using a scientific and analytical basis for findings
  • Agency written comments and reports
  • Environmental impact analysis reports addressing the direct, secondary and
  • Cumulative impacts by subject matter
  • NHPA documentation including Memorandum of Agreements, if required
  • Meetings and public hearing reports or transcripts
  • Zoning and land use documents
  • Letters of certification and permitting issued by other agencies or governmental departments
  • Including the Section 401 Water Quality certification
  • Mitigation Plan and restrictive covenants if required
  • EA and/or EIS
  • Technical reports, studies, drawings and computer modeling data
  • Other topics as needed.
Provide information to the public
  • Designate a point of contact and a location for purposes of providing information to the public.
  • Establish procedures for public viewing of studies and reports. Consider establishing an Internet web site.
Complete permit application
  • Submit a complete permit application, especially addressing all issues and concerns raised during public scoping and at the preapplication meeting.