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404 PermittingBackground Under Section 404 of the Clean Water Act, consideration must be given to the impact of a construction project on wetlands. Impacts should be avoided or minimized where practicable. Where impacts, cannot be avoided, permitting and compensatory wetland mitigation may be necessary. The United States Army Corps of Engineers (USACE) manages Section 404 oversight in Oklahoma. In order to ensure compliance with regulations, developers should consult relevant guidelines and coordinate with the Tulsa District of the USACE regarding the following:
The resources and links provided, are not intended to be exhaustive, to ensure compliance with regulations, developers should coordinate with the United States Army Corps of Engineers. Email: ceswt-ro@usace.army.mil (918) 669-7400 U.S. Army Corps of Engineers Identifying wetlands A preliminary resource for identifying wetlands present at a project site is the National Wetlands Inventory (NWI) online mapper. NWI is not a complete wetland map, and many sites have not been ground-truthed. A formal on-site wetland delineation is necessary for a determination of the extent of wetland area at a project site. Wetland delineations should be conducted in accordance with the "1987 Corps of Engineers Wetland Delineation Manual" and relevant regional guidebooks should be consulted as well. For more information on guidance for conducting wetland delineations and a list of regional consultants that can provide this service visit the Tulsa District of the USACE website. Jurisdictional Wetlands If wetlands are present at the project site, it may be necessary to complete a Jurisdictional Determination. Once completed, the United States Army Corps of Engineers can conclude if the wetlands present are regulated by Section 404 of the Clean Water Act. For guidance on how to complete a Jurisdictional Determination visit the USACE website. Permitting If the project will include impacts to jurisdictional wetlands, it will be necessary to acquire proper permits from the United States Army Corps of Engineers. The type of project and the potential impact to the wetlands present will determine the type of permit that is necessary. General Permits and Nationwide Permits are issued for activities that have minimal impacts: For more information please review the USACE General Permits Program and the USACE Nationwide Permits Program. Projects that exceed the thresholds of Nationwide Permits require an Individual Permit. For more information, please visit the USACE Individual Permit Review Process. Mitigation For projects that impact jurisdictional wetlands, compensatory mitigation will be required. For detailed information on mitigation rules and guidelines visit the USACE website. |