Clean Water Act Section 404

Section 404 of the Clean Water Act regulates the placement of dredged or fill material into waters of the United States.  Coal mining operations that result in the construction of valley fills or coal refuse structures must obtain permits from the U.S. Army Corps of Engineers for these activities.  The Corps, with oversight from the federal Environmental Protection Agency, administers this regulatory program.  The permit review for a section 404 activity includes a detailed analysis of alternatives to assure that the same activity could not be accomplished without the placement of fill material in streams.  The section 404 regulations also require that an applicant minimize the amount of fill material that is placed in a stream.