USACE No-Rise / 401/404

Permitting and regulation compliance for sites that are adjacent to U.S. waterways can pose a series of challenges. At CDG, we have the knowledge and experience needed to help you assess proposed projects, perform due diligence studies and determine the feasibility of permitting. Our engineering staff is well versed in the many requirements needed to successfully obtain a Section 404 permit through the U.S. Army Corps of Engineers (USACE) or a Section 401 certification through the Department of Natural Resources (DNR). Additionally, CDG has extensive experience providing the necessary analysis of technical data to obtain a No-rise certification, showing that the scope of proposed work in the floodway will not cause an increase in flood heights.

According to the EPA, Clean Water Act Section 404 establishes a program to regulate the discharge of dredge or fill material into waters of the United States. This program regulates a variety of programs including: fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. Section 404 requires a permit before dredged or fill material may be discharged into waters.

Some projects also require 401 certification from the DNR per Section 401 of the Clean Water Act. Examples are culverts under road crossings, riprap along stream banks and storm water outfall pipes, to name a few. The permitting and certification process for jurisdictional waters is shared between DNR 401 and USACE 404.

Furthermore, many projects ultimately require retroactive permitting in order to move forward with any new projects. While this process may sound daunting, we’ve been through it before and are here to guide you through every step along the way. Don’t let the anxiety of satisfying regulatory requirements get the best of your project, let CDG be your “one stop shop” for everything from project design to permitting and implementation so you can focus on running your business. Contact us to learn more about how our services can help streamline the permitting process and ensure your project remains on schedule and on budget.