First, not all activities in wetlands require a Section 404 permit. Section 404 only 

 regulates the discharge of dredged or fill material into waters of the U.S., a term which 

 includes most of the Nation's wetlands. Not all activities in wetlands involve a 

 discharge of dredged or fill material, and therefore do not require a Section 404 permit. 

 There are several development activities that cause wetland conversion or damage, but 

 do not involve discharge of dredged or fill material. Under certain circumstances, these 

 may include: lowering of groundwater levels, flooding of wetlands, drainage of wetlands, 

 and excavation of wetlands where the dredged material is disposed of on an upland site. 



Activities which are under the scope of the Section 404 program are not 

 necessarily prohibited. Most of the activities subject to Section 404 requirements are 

 either exempt from the program (such as ongoing farming and silviculture activities) or 

 are authorized by one of the Corps' general permits. 



Activities which are subject to Section 404 are authorized either through a 

 general or individual permit. Activities in wetlands that cause only minimal adverse 

 environmental effects are authorized under general permits. General permits do not 

 require case-specific permit review and are designed to expedite permitting process. 

 Approximately 75.000 activities are authorized through general permits which are issued 

 on a State, regional and nationwide basis. There are currently 26 nationwide general 

 permits, and numerous state and regional general permits. 



In addition, the Clean Water Act, under Section 404(f), generally exempts 

 discharges associated with normal farming, ranching and forestry activities such as 

 plowing, cultivating, minor drainage, and harvesting for the production of food, fiber 

 and forest products or upland soil and water conservation practices. This exemption 

 pertains to normal farming and harvesting activities that are part of an established, 

 ongoing farming or forestry operation. 



OTHER EPA ACnvmES - There are, however, a number of issues which have been 

 raised by the public regarding the Section 404 regulatory program and other Federal 

 wetlands protection programs that are being responded to by EPA through various 

 administrative actions. EPA is currently working with the Corps to respond to these 

 concerns. For additional information, contact J. Glenn Eugster, Wetlands Division, 

 EPA at (202) 382-5043. 



11 



