A section 404 permit is required for the discharge of dredged or fill material into waters of the United States, which, among other things, includes the territorial sea, the area that extends from below the high tide line to a distance of three nautical miles. (33 C.F.R. § 328.4.). A discharge of fill material includes a broad scope of activities, such as the placement of pilings or the building of any infrastructure that requires rock, sand, soil, or other materials for construction.