in extensive stakeholder outreach to ensure that all views were considered during the statutorily mandated 120-day decision period . EPA hosted two virtual public hearings during its review . Additionally , as part of the review process set forth by the CWA and its implementing regulations , EPA sought input from other applicable agencies and reviewed Florida ’ s proposal for consistency with the CWA . EPA determined that the Florida has the necessary authority to operate a CWA Section 404 program and FDEP ’ s program is consistent with and no less stringent than the requirements of the CWA and its implementing regulations .
Part of the review process included the development of a comprehensive Biological Evaluation of more than 200 endangered species throughout Florida . EPA also consulted with FWS under Section 7 of the Endangered Species Act , resulting in the issuance of a Biological Opinion and Incidental Take Statement related to the approval and implementation of Florida ’ s program . EPA also completed consultation under Section 106 of the National Historic Preservation Act , and entered into a Programmatic Agreement with FDEP , the State Historic Preservation Officer , and the Advisory Council on Historic Preservation to ensure that historic properties and cultural resource concerns are addressed as part of Florida ’ s program implementation .
Background
Section 404 of the CWA requires a permit before dredged or fill material may be discharged into waters of the United States . Section 404 ( g ) of the CWA gives states and tribes the option of assuming , or taking over , the permitting responsibility and administration of the Section 404 permit program for certain waters . Section 404 permits for those assumed waters would be issued by the state or tribe instead of the Corps . The CWA provides that the Corps retains permitting authority in certain tidal waters and other specified waters that are currently used or may be used in the future to transport interstate or foreign commerce . State and tribal Section 404 programs must be at least as stringent as federal permitting .
State and tribal regulators are generally more familiar with local aquatic resources , issues , and needs . An efficient state- or tribal-run program can help reduce delays and save money for permit applicants . States and tribes can also integrate dredged and fill permitting with traditional water quality programs , such as monitoring and water quality standards , or state / tribal land use planning requirements . Under an assumed program , Section 404 permit applicants may need only a single state or tribal permit for dredged or fill material discharges . Since more than a dozen states and tribes currently administer dredged and fill programs separate from the federal program , assuming the Section 404 program allows states and tribes to streamline the review process and reduce unnecessary paperwork and duplication . It may also reduce the potential for conflict between federal and state or tribal decisions or permitting conditions .
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