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5050.4 3/21/80 4 A National Pollutant Discharge Elimination System permit under section 402 of the Clean Water Act is required for discharges into navigable waters, a section 404 permit is required for dredged or fill material in navigable waters, and a section 10 permit under the Rivers and Harbors Act of 1899 is required for obstruction or alteration of navigable waters. "Navigable waters" have been very broadly defined in, -EPA regulations;.. (reference 40 C.F.R. Part 230, Appendix A) endencompaas,most bodies of water (including wetlands) and their tributaries. EPA is charged with the overall responsibility for section 402 permits, and the U.S. Army Corps of Engineers for section 404 and section 10 permits. States, under specified conditions, have the authority to issue these permits. Other state and local permits pertaining to water quality may also be required. Consultation with appropri- ate officials is necessary to determine which permits apply; what information is needed to obtain permits; and whether a permitting agency anticipates a problem given the nature, location, and possible impacts of the proposal. (c) For most airport actions, significant impacts on water quality can be avoided by design considerations, controls during construction, and other mitigation measures. If the environmental assessment, the appropriate consultation as described in paragraph (b) above, and the A-95 coordination demonstrate that water quality standards can be met, that no special water related problem exists, and that no anticipated permit difficulty is indicated, it may be assumed that there would be no significant impact on water quality. The environmental assessment shall include documentation from regulating and permitting agencies and list required permits. No further analysis is necessary. (d) If the environmental assessment and early consultation show the potential for exceeding water quality standards, identify water quality problems which cannot be avoided or satisfactorily mitigated, or indicate difficulties in obtaining required permits, an environmental impact statement may be required. Further analysis is described in paragraph 85f. (7) Department of Transportation Act, Section 4(f). (a) Section 4(f) provides that the Secretary shall not approve any program or project which requires the use of any publicly owned land from a frpul*ltd paI, ee&eation: area, or_wil'dlife; and waterfowl _-refuge of -national, €state, or.Ioca1:•significance; or any_ land:f_rom a historicsite of national', ;state; ps4ocal significance as determined by- the officials having jurisdic- tion thereofTuniess"`there is no feasible and prudent alternative to the use of such land and such program includes all possible planning to minimize harm. 1 Any part of a publicly owned park, recreation area, refuge, or historic site is presumed to be significant unless there is a statement of insignificance relative to the whole park by the Federal, state, or local official having jurisdiction thereof. Any such statement of insignificance is subject to review by the FAA. Page 36 Chap 5 Par 47