Some activities which involve placement of dredged or fill material in a waterway are not subject to the Section 404 Regulatory Program (See 33 CFR 323.4). To be exempted, activities must pass the recapture clauses found at 33 CFR 323.4(b)&(c). In essence, these clauses provide that the fill must not contain toxic pollutants. Also, the fill must not convert an area of the waters to a new use, change the flow or circulation of the waters, or reduce the reach of the waters. Information on how to request an exemption verification from the Corps can found on our 'E-Submittal Applications Page'.
The list below provides a short synopsis of each exemption. Detailed summaries of exemptions most often used in our area are attached.
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Normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, and harvesting.
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Maintenance or emergency repair of a currently serviceable structure such as dams, riprap, abutments, and levees. The original design may not be changed.
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Maintenance or construction of stock ponds or irrigation ditches. Maintenance (not construction) of drainage ditches. Discharges associated with irrigation facilities are included.
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Construction of temporary sedimentation basins at construction sites if fill material is not placed in waters of the United States.
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Activities for which a state has approved program under Section 208 of the Clean Water Act for non-point pollution sources.
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Construction of maintenance of farm roads, forest roads or temporary mining roads. Best management practices must be followed to reduce flow pattern impairment and aquatic impacts. (see regulations for more information).