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On April 21, 2014, the USEPA and the Corps published a Notice of Availability and Public Comment to announce the availability of an interpretive rule regarding the applicability of the exemption from permitting provided under section 404(f)(1)(A) of the CWA for discharges of dredged and/or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service (NRCS) conservation practice standards that are designed and implemented to protect and enhance water quality.
Although the interpretive rule was effective on April 03, 2014, the Federal Register notice provides the public opportunity to become familiar with the interpretive rule and understand what has become effective. The agencies recognize the importance and value of receiving public input on the implementation of this interpretive rule; input which may inform future revisions to the list of activities included under the interpretive rule. The interpretive rule, Memorandum of Understanding, as well as a list of NRCS practices that meet the exemption, are available via the Internet on the Corps website:
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/MOUMOAs.aspx.
Comments on the interpretive rule are to be provided on or before July 07, 2014.