CWD Regulatory Framework & Compliance 2 — Questions and Answers
Question 1: Under Section 404 of the Clean Water Act, which federal agency issues individual permits for discharges of dredged or fill material into waters of the United States?
- U.S. Fish and Wildlife Service
- U.S. Army Corps of Engineers (Correct answer)
- U.S. Environmental Protection Agency
- National Oceanic and Atmospheric Administration
Correct answer: U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers issues Section 404 permits for discharges of dredged or fill material into waters of the United States.
Question 2: What is the primary purpose of a Nationwide Permit (NWP) under the Section 404 program?
- To authorize large-scale wetland filling projects with minimal impact
- To streamline authorization for activities with minimal adverse environmental effects (Correct answer)
- To replace individual permits for all commercial development projects
- To exempt agricultural operations from Section 404 requirements
Correct answer: To streamline authorization for activities with minimal adverse environmental effects
Nationwide Permits are designed to streamline the regulatory process for activities that have minimal individual and cumulative adverse environmental effects.
Question 3: Which EPA authority under Section 404(c) of the Clean Water Act allows the agency to restrict or prohibit the use of a site for disposal of dredged or fill material?
- Veto authority (Correct answer)
- Emergency permit authority
- Programmatic general permit authority
- Regional condition authority
Correct answer: Veto authority
EPA has veto authority under Section 404(c) to restrict or prohibit use of a disposal site if it determines adverse effects on municipal water supplies, shellfish beds, fisheries, wildlife, or recreational areas would be unacceptable.
Question 4: A Nationwide Permit 39 (Commercial and Institutional Developments) requires pre-construction notification (PCN) when the activity results in the loss of more than how many acres of waters of the United States?
- 0.1 acres
- 0.25 acres
- 0.5 acres (Correct answer)
- 1.0 acres
Correct answer: 0.5 acres
NWP 39 requires a PCN when the activity results in the loss of greater than 0.5 acres of waters of the United States.
Question 5: Under the Clean Water Act Section 401, which entity must provide water quality certification before a federal permit or license can be issued?
- The U.S. EPA regional office
- The state in which the discharge originates (Correct answer)
- The U.S. Army Corps of Engineers district
- The federal agency issuing the permit
Correct answer: The state in which the discharge originates
Section 401 requires that the state (or authorized tribe) where the discharge originates must certify that the activity complies with state water quality standards before a federal permit is issued.
Question 6: Which of the following best describes the 'Section 9' permit under the Rivers and Harbors Act of 1899?
- Authorization for filling navigable waters for commercial purposes
- Authorization for bridges, dams, dikes, or causeways across navigable waters (Correct answer)
- Authorization for discharge of pollutants into waters of the United States
- Authorization for wetland mitigation banking
Correct answer: Authorization for bridges, dams, dikes, or causeways across navigable waters
Section 9 of the Rivers and Harbors Act requires permits for structures such as bridges, dams, dikes, or causeways that obstruct or alter navigable waters.
Question 7: What does the term 'minimal effects' mean in the context of qualifying for a Nationwide Permit under the Section 404 program?
- No measurable impact on any aquatic resource
- Both individual and cumulative adverse environmental effects are no more than minimal (Correct answer)
- Less than 0.1 acres of wetland impact per project
- No impacts to listed threatened or endangered species
Correct answer: Both individual and cumulative adverse environmental effects are no more than minimal
To qualify for a Nationwide Permit, the activity must result in no more than minimal individual and cumulative adverse environmental effects.
CWD Regulatory Framework & Compliance 2
Under Section 404 of the Clean Water Act, which federal agency issues individual permits for discharges of dredged or fill material into waters of the United States?