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When a Section 404 permit is required, a CWA Section 401 certification must first be obtained from the authorizing jurisdiction. A Section 401 certification affirms that the discharge would not violate the state's water quality standards.

Section 404 of the Clean Water Act requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the discharge of dredged or fill material into all waters of the United States, including wetlands.

Under Section 404 of the Clean Water Act, it is unlawful to discharge dredged or fill material into "waters of the United States" without first receiving authorization from the U.S. Army Corps of Engineers or approved state, unless the discharge is covered under an exemption specified in Section 404(f).

Under section 404(b)(1) of the Clean Water Act (33 U.S.C. 1344). The Guidelines are applicable to the specification of disposal sites for discharges of dredged. specified through: (1) The regulatory program of the U.S. Army Corps of Engineers under sections 404(a) and (e) of the Act (see 33 CFR.

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A proposed project's impacts to these areas will determine what permit type is required. An individual, or standard permit, is issued when projects have more than minimal individual or cumulative impacts, are evaluated using additional environmental criteria, and involve a more comprehensive public interest review.

There is some overlap between Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Permits for activities requiring approval under both Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act are processed simultaneously by the U.S. Army Corps of Engineers.