The recent devastating floods in Colorado have created significant challenges for a wide variety of companies. In the aftermath, affected businesses must quickly make important decisions related to response activities that may be subject to a variety of regulatory programs, including Section 404 of the Clean Water Act (CWA). Section 404 regulates the discharge of any dredged or fill material (including dirt and debris) into wetlands, streams, and other CWA-regulated Waters of the United States (WOUS). As companies rebuild damaged bridges, utility structures, railroad tracks, well pads, pipelines, access roads, and other structures in or around regulated WOUS, it will be critical to be mindful of the requirements and options for doing so under the 404 program.
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