Implementing section 404 of the CWA; 33 C.F.R. 323(a) provides that generally; a USACE permit is required for the discharge of dredged or fill material into U.S. waters.Here; the Applicant has not produced documentation verifying it obtained a section 404 from USACE.Pursuant to prior second appeal decisions; the burden to substantiate claims rests with the applicant.Here; the Applicant asserts it satisfied the CWA by meeting all state environmental requirements; but does not cite to a specific Federal provision that exempted the Applicant from the section 404 permitting requirements.Per 2 C.F.R. 200.338; FEMA may disallow all costs if a non-Federal entity fails to comply with Federal statutes; regulations; or the terms and conditions of a Federal award.

Vill. of Waterford; FEMA-4020-DR-NY; at 3.HeadnotesImplementing section 404 of the CWA; 33 C.F.R. § 323(a) provides that generally; a USACE permit is required for the discharge of dredged or fill material into U.S. waters.Here; the Applicant has not produced documentation verifying it obtained a section 404 from USACE.Pursuant to prior second appeal decisions; the burden to substantiate claims rests with the applicant.Here; the Applicant asserts it satisfied the CWA by meeting all state environmental requirements; but does not cite to a specific Federal provision that exempted the Applicant from the section 404 permitting requirements.Per 2 C.F.R. § 200.338; FEMA may disallow all costs if a non-Federal entity fails to comply with Federal statutes; regulations; or the terms and conditions of a Federal award.