Clean Water Act Section 404 Permitting

Clean Water Act Section 404 Permitting Workshop

September 16 | 08:00–12:00 | Golden Poppy | Cost: $45 (lunch not provided)

Certified floodplain managers take note: This workshop is approved for up to 4 CECs.  Don’t miss out!

Course Outline

Overview: A discussion of the purpose of the CWA in determining / administering jurisdiction Waters of the U.S., along with permit types, the application process, and mitigation requirements.

404 jurisdictional delineation: Practical approaches to determining whether a property has a watercourse and, if so, whether the watercourse exhibits an Ordinary High Water Mark (OHWM) and is perennial, seasonal, or ephemeral. Examples will show the delineation of OHWM for determining jurisdictional authority in the arid Southwest. The presentation also addresses implications of 404 permitting within the National Flood Insurance Program (NFIP).

Mitigation for impacts under the current rule and subsequent guidance: A discussion of EPA and Army Corps regulations governing compensatory mitigation for authorized impacts to wetlands, streams, and other waters of the U.S. These regulations are designed to improve the effectiveness of compensatory mitigation to replace lost aquatic resource functions and area, expand public participation, and increase the efficiency and predictability of the project review process. This presentation will provide examples of compensatory mitigation for projects being implemented by Arizona Game & Fish.

Back to the future —The new Clean Water Rule: A review of the new definition of Waters of the U.S. issued May 27, effective August 28, which provides that all “tributaries” are jurisdictional. For the first time, the rule also defines a tributary, establishes a new category called adjacent waters, renews the emphasis on “interstate waters” and their tributaries, codifies longstanding exclusions, and throws in a few new ones for good measure. The presentation will explore significant issues and challenges the regulated community will face in light of this expansive new approach to jurisdiction.


Bill Miller is a senior project manager of the Arizona Regulatory Branch of the U.S. Army Corps of Engineers. The mission of the Corps’ Regulatory program is to protect waterways, wetlands, and other aquatic resources while balancing economic and private property needs. The Arizona Branch is responsible for enforcing Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. Bill graduated from Arizona State University in 1996 with B.S. in environmental resources. He served as a wildlife biologist with the Air Force for 4 years, working primarily with the Sonoran pronghorn antelope, before joining the Corps in 2002. He is currently responsible for Sections 10 and 404 permitting on the Colorado River and the adjoining counties as well as Pinal County.

Jack Moody, P.E., CFM, is a civil engineer and the water resources practice leader for Slater Hanifan Group. He has over 25 years of experience in flood control and water resource engineering, with expertise in drainage, flood control, and natural watercourse systems. Jack also has over 20 years of experience with Section 404 permitting, including extensive expertise conducting determinations and delineations in the arid Southwest. He has coordinated with the Army Corps, applicants, and other agencies to process permits, as well as with experts such as biologists and archaeologists. His experience also includes preparing documents such as Certification applications, Alternatives Analyses, Mitigation Plans, and Significant Nexus Analyses to support the 404 permitting process.

Timothy Wade is the Wildlife Contracts Branch Chief with Arizona Game & Fish, where he administers an in-lieu fee program and implements habitat restoration. With more than 39 years of experience in wildlife conservation and habitat management, he is highly experienced in the investigation of impacts to wildlife, associated habitats, and the environment, and in the design and implementation of in-depth habitat value and impact analysis. Tim has led projects involving compliance with the Clean Water, Endangered Species, National Environmental Policy, and Migratory Bird Treaty Acts. He has worked extensively with agencies and private entities to develop and implement mitigation and restoration plans and to manage wildlife habitats. Tim is qualified to conduct jurisdictional delineations and wetland determinations.

Robert Anderson is a director and shareholder with Fennemore Craig, where his practice focuses on water — from both the quantity (water rights / use) and quality (Clean Water Act permitting, including wetlands and NPDES) perspectives. He has advised a wide range of clients on environmental and water issues, including permitting and compliance issues associated with mining and industrial concerns, renewable energy projects, master planned communities, residential developments and private water companies. A frequent lecturer and writer, Rob is listed in Best Lawyers in America®; Environmental Law; Chambers USA; Leading Lawyers for Business; Southwest Super Lawyers®; and Environmental, Energy & Natural Resources. He is AV® Preeminent ™ Peer Review Rated (the highest available) by Martindale-Hubbell.


Patricia Quinn, P.E., RLS, is a water resources engineer and senior project manager with JE Fuller/ Hydrology & Geomorphology, Inc. She has managed multi-disciplinary teams, directing programs requiring facilitation, stakeholder involvement, community outreach, and value analysis. Pat has served as project engineer for a wide range of water resources engineering, floodplain management, flood control, and water policy studies and projects in Arizona.  Her recent projects have involved area drainage master planning, land development master planning and infrastructure assessment, CWA 404 and 401 regulatory permitting, community outreach, and FEMA Community Rating System certification. She has over 33 years of experience.