The Army Corps of Engineers (“the Corps”) is a department of the U.S. Army that is charged with permitting any operations that requiring “dredging” or “filling” in waters of the U.S. Anyone who is dredging in a stream or river, or is filling in a stream or wetland requires a Clean Water Act section 404 permit from the Corps. Some examples of projects that might need a section 404 permit include commercial or residential developments in areas with wetlands, or road-building projects that require crossing or filling in segments of a stream. The Corps also conducts its own civil works projects including levee-building and river navigational structures.

The public comment period for the major decision-making document used by the Army Corps of Engineers for their civil works projects, the “Principles and Standards,” is open until April 5, 2010. The Principles and Standards are a decision-making document used by the Corps of Engineers to determine how to assess and build their water resources projects — the document directs consideration of the environmental impacts and benefits of a civil works project, as well as whether there are alternatives to a given project that would cause less environmental harm. The federal Water Resources Development Act of 2007 mandated the updating of the Principles and Standards — the last version was written in the 1980s and championed economic development over the environment. In addition to applying to Corps projects, the Principles and Standards will also apply to decisions made by the Bureau of Reclamation, the Natural Resources Conservation Service, and the Tennessee Valley Authority.

Unfortunately, like the current version of the Principles and Standards, the updated version places too much of an emphasis on economic development in the agency decision-making process, to the detriment of the environment. For more information on the draft Principles and Standards please go take a look at this fact sheet put together by the National Wildlife Federation and American Rivers and this fact sheet put together by the Corps Reform Network. These fact sheets were put together by partners that MCE is working with to ensure that the Corps ultimately has the best tools for sustainable decision-making.

To file your comments with the federal Council on Environmental Quality, click here. You can either write a comment directly on this web form, or attach your own comment document to the form.

Section 404 of the Clean Water Act - Safeguarding the Nation’s Wetlands and Streams

Section 404 of the Clean Water Act (CWA) prohibits the filling of streams and wetlands without a permit (called a Section 404 permit). 404 Permits are issued by the Army Corps of Engineers.

Although the CWA contains strong provisions designed to protect our nation’s streams and wetlands, the Corps of Engineers too often fails to uphold the law. The Coalition regularly provides written comments on applications for 404 permits. When the Corps issues permits that are in clear violation of the law, we file lawsuits to force the Corps to revoke permits and change their policies for the future.

Other Resources:
Nicollet Island Coalition Report: Big Price — Little Benefit: Proposed Locks on the Upper Mississippi and Illinois Rivers Are Not Economically Viable