Public involvement is a key element of the Corps’ permit review process. During an application review, the USACE, Regulatory Division considers the views of other federal, state and local agencies, Native American tribes, interest groups, and the general public. The results of this careful public interest review are fair and equitable decisions that allow reasonable use of private property, infrastructure development, and growth of the economy, while offsetting the authorized impacts to the waters of the United States. This is accomplished through the posting of a Public Notice on the USACE, Regulatory Division's website and soliciting comments.

The USACE, Regulatory Division publishes monthly a list of individual permits issued, denied, or pending during the previous month. The list will identify each action by public notice number, name of applicant, and brief description of activity involved. It will also note the relevant environmental documents and the Statements of Findings (SOF) or Records of Decision (ROD) that are available upon written request through the FOIA process and, where applicable, upon the payment of administrative fees.

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Clean Water Act Interpretive Rule for 404(f)(1)(A) Withdrawal

Published Feb. 5, 2015

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PUBLIC NOTICE

CLEAN WATER ACT INTERPRETIVE RULE FOR 404(f)(1)(A)

WITHDRAWAL

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) are announcing the withdrawal of an interpretive rule addressing the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA). The agencies want to make clear that the statutory exemption of 404(f)(1)(A) still remains available for use when applicable for discharges of dredged and/or fill material associated with normal farming, silviculture, and ranching activities that are part of an established operation and that do not have as their purpose bringing an area of waters of the U.S. into a use to which it was not previously subject, where the flow or circulation of the waters of the U.S. may be impaired or the reach of such waters be reduced (see 33 CFR 323.4 for more information).

On March 25, 2014, the Agencies signed an interpretive rule, “Interpretive Rule Regarding Applicability of the Exemption from Permitting under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices,” that addressed applicability of the permitting exemption provided under section 404(f)(1)(A) of the CWA to discharges of dredged or fill material associated with certain agricultural conservation practices. Congress subsequently directed the agencies to withdraw this interpretive rule. See, Consolidated and Further Continuing Appropriation Act, 2015, Division D, section 112, Pub. L. No. 113-235.

On January 29, 2015, the agencies signed a memorandum withdrawing the interpretive rule and this action is effective immediately. The Memorandum of Understanding signed on March 25, 2014, by EPA, Army, and the U.S. Department of Agriculture, concerning the interpretive rule is also withdrawn. The signed memorandum withdrawing the interpretive rule is available at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx. The Federal Register Notice announcing the withdrawal will be published at www.federalregister.gov. Similar public notices are being published concurrently by other Corps district offices.

DATES: The interpretive rule is withdrawn as of January 29, 2015.

For further information please contact: Ms. Stacey M. Jensen, Regulatory Community of Practice (CECW–CO–R), U.S. Army Corps of Engineers, 441 G Street, NW, Washington, DC 20314; telephone number 202–761–5856; e-mail address: USACE_CWA_RULE@usace.army.mil.

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