Energy and Environment Cabinet

 Clean Water Act Section 404

• CWA Section 404 Overview
• Text of CWA Section 404

CWA 404 Definitions/Abbreviations

• List of 404 Definitions
• List of 404 Abbreviations and Acronyms

Section 10 of the Rivers and Harbors Act of 1899
Establishes a program to regulate activities affecting navigation in waters of the United States, including wetlands.

• Text of Section 10 (33 U.S.C. 403)

National Environmental Policy Act of 1969 (NEPA)
NEPA is the basic national charter for protection of the environment. It establishes policy, sets goals and provides means for carrying out the policy.

• Text of NEPA (42 U.S.C. 4321-4347)
• EPA’s Overview of NEPA

Endangered Species Act

Read the text of the act (Public Law 93–205, approved Dec. 28, 1973, 87 Stat. 884, as amended through Public Law 107–136, Jan. 24, 2002). 

U. S. Army Corps of Engineers
The primary regulatory authority over federal wetlands is the U.S. Army Corps of Engineers (USACE). There are four USACE districts with jurisdiction over Kentucky’s waters. The Louisville District is the lead Corps district.

• Louisville District
• Huntington District
• Nashville District
• Memphis District

Wetlands

• The EPA’s wetlands Web site is a good starting point for general and specific wetlands information.
• EPA - Wetlands Fact Sheets
• EPA – Wetlands Policy and Technical Guidance Documents
• EPA – Wetlands Executive Orders
• The EPA Region 4 Wetlands Web site, covering Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina and Tennessee, is a good site for links to governmental Web sites and contact information.
• Wetlands Delineation
• 404 Delineation Manual Section 1
• 404 Delineation Manual Section 2a
• 404 Delineation Manual Section 2b
• 404 Delineation Manual Section 3

Streams

• Stream Restoration, Ecology and Aquatic Management Solutions
• North Carolina State University Water Quality Group

Section 404 and Swampbuster: Wetlands on Agricultural Lands
The Food Security Act of 1985 contains several provisions that were intended to discourage the conversion of wetlands to agricultural production. These provisions, often referred to as Swampbuster provisions, withhold certain federal farm program benefits from farmers who convert or modify wetlands.

• Overview of Swampbuster
• Joint guidance on conducting wetland determinations for the CWA and the Food Security Act
• Kentucky Natural Resources Conservation Service

Presentations

• CWA 404 Nationwide and Individual Permits - Jim Townsend, chief of Regulatory Branch, Louisville District, U.S. Army Corps of Engineers
• Kentucky’s 401 Certification and Floodplain Construction Program- Jenni Garland, supervisor, 401 Water Quality Certification Section, Kentucky Division of Water
• Public Interest Presentation - Jim Townsend, chief of Regulatory Branch, Louisville District, U.S. Army Corps of Engineers
• Beyond Section 404: Corps Permitting and the National Environmental Policy Act (NEPA)  - Tim Haggerty, Frost Brown Todd LLC
• Environmental Review Under the National Environmental Policy Act and Related Statutes  - Tim Haggerty, Frost Brown Todd LLC

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