Mark Takano actually said...

EPA Region 4 believes that the inclusion of the Becker site in this 404(c) action is appropriate even though no application for rock plowing...

In effect, section 404(c) authority may be exercised before a permit is applied for, while an application is pending, or after a permit has ...

There seems to be some confusion as to whether EPA has the authority to initiate section 404(c) action to protect the Bristol Bay watershed.

It seems to me all this talk about underreporting is a lot of mumbo-jumbo.