Guidance
Under section 404 of the Clean Water Act, anyone who proposes an activity that would discharge dredged or fill material into waters of the United States is required to apply for a permit from the U.S. Army Corps of Engineers. Choose a web or document link below to learn more about the Clean Water Act, related guidance, and how it affects wetlands and CDOT transportation projects. Also included are CDOT/FHWA policy and procedure documents related to transportation project development and aquatic resource protection.
CDOT / FHWA GUIDANCE AND PROCEDURES
CDOT Wetland Program Cheat Sheet
Programmatic Wetland Finding Approval MOA, 2019
Programmatic Wetland Finding Template, 2019 (Required)
Non-Programmatic Wetland Finding Checklist, 2010
NEPA / 404 Merger Process and Agreement for Transportation Projects (2019 Revision)
Preservation of the Nation's Wetlands, Department of Transportation Order 5660.1A, 1978
U.S. ARMY CORPS OF ENGINEERS LAW AND GUIDANCE
*NEW* Navigable Waters Protection Rule (aka. definition of waters of the U.S.)
EPA Fact Sheet
2017 Reissuance of Nationwide Permits:
Public Notice regarding 2017 Nationwide Permits
Summary of the 2017 Nationwide Permits
Regional General Permit 37, Stream Stabilization Projects in Colorado
40 CFR Part 230 - Compensatory Mitigation for Losses of Aquatic Resources; 2008 Final Rule
Regional Compensatory Mitigation and Monitoring Guidelines - South Pacific Division, 2015
Regulatory Guidance Letter No. 08-03, Minimum Monitoring Requirements for Compensatory Mitigation
Clean Water Act Exemptions:
Ditch Exemption - exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches under section 404 of Clean Water Act
Maintenance Exemption - certain discharges for the maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as riprap, bridge abutments or approaches, and transportation structures