ARIZONA MINING PERMITTING GUIDE - AZGS Document Repository

Section 404 Permit, Dredge and Fill Permit
U.S. Army Corps of Engineers
Regulatory Division, Arizona Branch
3636 North Central Avenue, Suite 900
Phoenix, AZ 85012-1936
602-640-5385
Los Angeles District:
www.spl.usace.army.mil/regulatory/
Arizona Mining Permitting Guide
PERMITS, AUTHORIZATIONS OR FILINGS:
Section 404 Permit (Dredge and Fill Permit)
NOTE: Additional Nationwide Permits from the Army Corps of Engineers that may pertain
to mining activities include: 14, Linear Transportation Projects; 21, Surface Coal Mining; 44,
Mining Activities 49, Coal Remining Activities; and 50, Underground Coal Mining.
LEGAL AUTHORITY:
Clean Water Act, 33 U.S.C. §§ 1251 et seq., §1344 (Federal Water Pollution Control Act
§404)
33 C.F.R. 320-332
CONDITIONS REQUIRING PERMITS, AUTHORIZATIONS OR FILINGS:
The purpose of Section 404 is to maintain and restore the chemical, physical, and biological
integrity of the nation’s waters. Any person or entity proposing a project that will result in a
discharge of dredged or fill material into waters of the United States, including wetlands, must
obtain a Section 404 permit from the Corps. Anyone proposing operations (including
operations conducted exclusively with hand tools), in dry or flowing rivers, streams, creeks or
arroyos, or wetlands should contact the Corps before beginning operations.
Definitions:
Waters of the U.S. include lakes, rivers, streams, ponds, wetlands, washes, arroyos, and
special aquatic sites, such as wetlands.
Fill Material - any material used for the primary purpose of replacing an aquatic area with dry
land or for changing the bottom contours of a waterbody.
Discharge of dredged material - any addition of dredged material, including any redeposit of
dredged material within waters of the U.S.
Types of permits - A project may qualify for a general permit, an individual permit, or a
Letter of Permission. Permit applicants will be required to demonstrate that the proposed
project has been designed in a manner that avoids impacts to waters of the U.S. to the
maximum extent possible. A Section 401 state water quality certification from the Arizona
Department of Environmental Quality is required prior to issuance of a 404 permit from the
Corps. The Environmental Protection Agency issues water quality certification on tribal
lands.
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