The 404 permit is named for Section 404 of the Federal Clean Water Act. The construction of impoundments to serve as repositories for tailings and treatment of waste from mining and mineral processing operations are regulated by Section 404 of the CWA, as well as, Section 402 in the case of discharges from these impoundments into any waters of the United States. At this link is a description of how the Fort Know mine went about getting their 404 permit.

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