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What You Need to Know About Section 404 Permits

Be prepared for additional requirements that can be triggered during the Section 404 Permit process.

The regulation of wetlands and waterbodies through Section 404 of the Clean Water Act has been in constant flux over the last decade, with a myriad of court cases, rulemakings, and guidance. How do you tell if it is a wetland, what regulation will survive attack in the courts, and what is the effect on global climate change on all of this? A leading wetlands lawyer and wetland scientist work together provide their guidance on the state of play in wetlands. This topic is intended to better prepare you for the basic Section 404 regulatory review process administered by the U.S. Army Corps of Engineers and to guide you through some potential key issues that can occur during that process. At the completion of this content, you will be able to better predict major obstacles and potentially costly issues associated with Section 404 of the Clean Water Act.

Runtime: 94 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Wetlands Science Primer

  • What Is a Wetland
  • Jurisdictional Definition
  • Soils, Vegetation and Hydrology

Understanding Wetlands Law and Enforcement

  • Brief History of the Federal Clean Water Act
  • The Clean Water Rule, the Repeal Rule and the Replacement Rule
  • Regulated Activities
  • Exemptions
  • Enforcement

Wetlands Permitting and Mitigation

  • Overview-From Project Scoping to Permit
  • Delineation vs. Determination
  • Types of Permits: Nationwide Permit, Standard Permit, General Permit
  • The Permit Application
  • Compensatory Mitigation
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

This course was last revised on November 14, 2019.

Call 1-866-352-9540 for further credit information.

  • FSAWWA 0.15 including DW, WW, DS, PE 0.15
     
  • This online course has been approved by the Florida Section of the American Water Works Association for 0.15 CEU's. Level: Intermediate. This course is applicable for the following licensure(s): DW, WW, DS, PE for 0.15 hours
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • HI CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Cody Hale, Ph.D., RF, PH

Cody Hale, Ph.D., RF, PH

Nutter & Associates, Inc.

  • Partner in the office of Nutter & Associates, Inc.
  • Practice focuses on Sections 402 and 404 of the Clean Water Act
  • Conducts regular seminars and workshops on wetlands, hydrology, and water quality
  • Author of several publications in the hydrologic sciences field
  • Member of American Geophysical Union; Society of American Foresters; American Society of Civil Engineers
  • Ph.D. degree in water resources science, Oregon State University
  • Can be contacted at [email protected] or 706-354-7925
Adam G. Sowatzka, Esq.

Adam G. Sowatzka, Esq.

King & Spalding

  • Partner on the Environmental Health & Safety team at King & Spalding with a national environmental law practice
  • Extensive experience managing and defending environmental enforcement actions, including Clean Water Act, wetlands, storm water, NPDES, pretreatment, etc.; hazardous waste; air; EPCRA; and CERCLA cases
  • Counsel for Fortune 100 companies in managing environmental crises, such as regulatory crisis, emerging contaminants such as perfluorinated chemicals, and environmental crisis such as catastrophic explosions, fires, releases, and spills
  • Recognized by Chambers USA, Best Lawyers, and Georgia Super Lawyers as a leading practitioner in environmental compliance and related litigation
  • Former associate regional counsel with the Environmental Protection Agency and recipient of three Bronze Medals for Commendable Service from the U.S. EPA Office of Enforcement and Compliance Assurance
  • J.D. degree, cum laude, Vermont Law School; M.S.E.L. degree, magna cum laude, Vermont Law School; B.S. degree, cum laude, political science (with distinction) and environmental policy and planning, University of Wisconsin - Green Bay
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 406598
Published 2019
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