I fail to see where a 404 permit is needed at all. IF the stream is not listed as a flowing/ephemeral/intermittent stream on the USGS survey, you are not filling in, or changing the bottom grade, of US waters. You are not draining a wetland. You are not discharging fill into US waters. I also highly doubt it would cost $1M+ unless your engineering firm includes all their fees, construction, mitigation, and some really healthy bribes to officials!!!
Talk to the Army Corps to see what they have jurisdiction over. If the COE has no jurisdiction, it's unlikely the EPA does either in this situation...and no 404 needed.
Last edited by Rainman; 04/08/15 07:03 PM.
