Transcript No Slide Title

US Army Corps
of Engineers
U.S. Army
Corps of Engineers
Regulatory Program
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Corps Regulatory Program
Purposes
•
Protect Navigation: Sections 9 and 10 of the
Rivers and Harbors Act of 1899
•
Restore and maintain the physical, chemical
and biological integrity of the Nation's waters:
Section 404 of the Clean Water Act
•
Protect marine resources associated with ocean
disposal of dredged material: Section 103 of the
Marine Protection, Research and Sanctuaries Act of
1972
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Corps Regulatory Program Goals
• Protect the Aquatic Environment
• Render Fair and Reasonable Decisions
• Provide for Efficient Decision Making
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Clean Water Act
“… to restore and maintain the chemical,
physical, and biological integrity of the Nation’s
waters.”
One Corps Serving The Army and the Nation
Functions of Streams, Wetlands and
US Army Corps
of Engineers Other Waters of the United States
•
Water quality
•
Fish and wildlife habitat
•
Food chain production
•
Flood storage
•
Shoreline protection
•
Streamflow maintenance
•
Groundwater recharge/discharge
•
Natural products for economy
•
Recreation and aesthetics
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Clean Water Act
Section 404
Requires authorization from the U.S. Army Corps
of Engineers to discharge dredged or fill material
into waters of the United States
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Clean Water Act - Section 404
Regulatory Program
• Geographic jurisdiction
• Regulated activities
• Permitting
–
General permits
–
Individual permits
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Waters of the United States
Two Primary Elements
• Exhibits specific physical features
– Presence of ordinary high water mark in open
non-tidal waters
– High tide line in open tidal waters
– Presence of appropriate hydrology, soils, and
vegetation in wetlands
• Meets definition of “waters of the United States”
in 33 CFR 328.3(a)
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Waters of the United States
• The term “waters of the United States” includes
(33 CFR 328.3 (a)):
– (1) Navigable waters
– (2) Interstate waters
– (3) All other waters (intrastate lakes, rivers, streams,
mudflats, wetlands, sloughs, wet meadows, playa
lakes, etc.), the use, degradation, or destruction of
which could affect interstate or foreign commerce
• Used or could be used by interstate or foreign
travelers for recreational or other purposes
• From which fish or shellfish are or could be taken
and sold in interstate or foreign commerce
• Used or could be used for industrial purpose by
industries in interstate commerce
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Waters of the United States
• The term “waters of the United States” includes (cont.):
– (4) Impoundments of waters of the United States
– (5) Tributaries of waters identified above
– (6) Territorial seas
– (7) Wetlands adjacent to waters identified above
• Waste treatment systems designed to meet the
requirements of the Clean Water Act (other than cooling
ponds) are not waters of the United States
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Clean Water Act - Section 404
Regulatory Program
• Geographic jurisdiction
• Regulated activities
• Permitting
–
General permits
–
Individual permits
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Regulated Activities
Permit required from the Corps for
discharges of dredged or fill material
into waters of the United States
(33 CFR Part 323)
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Clean Water Act - Section 404
Regulatory Program
• Geographic jurisdiction
• Regulated activities
• Permitting
–
General permits
–
Individual permits
One Corps Serving The Army and the Nation
General Permits
US Army Corps
of Engineers
•
Issued nationwide or regionally for a category or
categories of activities which are either:
–
Similar in nature and cause only minimal
individual and cumulative adverse impacts
(Nationwide and Regional General Permits) or
–
Result in avoiding unnecessary regulatory control
exercised by another federal, state, or local agency
provided the activity would cause only minimal
individually and cumulatively adverse effects
(Programmatic General Permits)
•
Always Include terms and conditions for compliance
•
May require pre-construction notification to the Corps
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Permitting Mechanisms
• General Permits
– Programmatic
– Nationwide
– Regional
• Individual Permits
– Letter of permission
– Standard
One Corps Serving The Army and the Nation
General Permit Examples
US Army Corps
of Engineers
•
Nationwide Permit
–
Maintenance (NWP 3)
–
Utility Lines (NWP 12)
–
Bank Stabilization (NWP 13)
–
Linear Transportation Crossings (NWP 14)
–
Surface Coal Mining (NWP 21)
–
Wetland and Riparian Restoration and Creation
Activities (NWP 27)
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
NWP 27 - Stream and Wetland
Restoration Activities
• Authorized activities:
– Restoration of former tidal and non-tidal waters
– Enhancement of degraded tidal and non-tidal wetlands
and riparian areas
– Creation of tidal and non-tidal wetlands and riparian
areas
– Restoration and enhancement of non-tidal streams and
non-tidal open waters
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Corps Mitigation Policy
• Regulatory Program mitigation policy (33 CFR 320.4
(r)) – last updated in regulations effective in 1987 and
in policy in Regulatory Guidance Letter 02-2
(December 2002) (see also 1995 mitigation bank
guidance and 2000 in-lieu fee mitigation guidance)
• Applies to all permits, including general permits
• Avoiding, minimizing, rectifying, reducing, and/or
compensating for resource loss must be considered
• Corps may require all appropriate and practicable
mitigation necessary to insure the action will not be
contrary to the public interest and meet other legal
requirements, e.g., 404(b)(1)
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Corps & EPA Mitigation MOA
•
Signed February 6, 1990
•
Guidance for determining type and level of mitigation
necessary to comply with the 404(b)(1) guidelines
•
Mitigation defined as a sequential process of avoiding,
minimizing, and compensating for adverse impacts to
the aquatic ecosystem
•
Mitigation banking may be an appropriate form of
compensatory mitigation
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Preapplication Coordination
• Preapplication coordination encouraged but not required
• Applicant presents proposed project to Corps and/or
resource agencies before submitting a permit application
or PCN
• Preferably presented in planning stage of project when
changes are easier to make
• May include meeting(s) and/or site visit(s)
• Provides opportunity for early feedback to applicant to
hopefully avoid sensitive areas and resolve issues
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Stream Management
•
Concern by Corps and resource agencies about
individual and cumulative adverse impacts of urban
development and other projects on streams and
riparian areas
•
Fort Worth District sponsoring and encouraging
guidance, workshops and demonstration projects in
association with numerous other participating
agencies (EPA, FWS, NRCS, TCEQ, TPWD, local
agencies)
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
One Corps Serving The Army and the Nation
Tips
on
Working
with
the
Corps
in
US Army Corps
of Engineers
the Regulatory Program
•
•
•
•
•
Get to know the personnel in the District(s) you work
with and become familiar with their procedures
Think like the Corps and other natural resource
agencies on protecting the aquatic environment
Develop resources for proven, as well as new and
innovative, ways to protect the aquatic environment
and use them when appropriate. Share such plans
with other parts of your organization
Seek the advice of a good environmental consultant
when appropriate
If at first you don’t succeed, read the instructions
One Corps Serving The Army and the Nation
Tips
on
Working
with
the
Corps
in
US Army Corps
of Engineers
the Regulatory Program
•
•
•
•
•
Provide detail commensurate with the complexity of
the case
Use simple, clearly-reproducible drawings with
complete legends
Make sure that your submittals would make sense to
an uninformed third-party (don’t make assumptions)
Check submittals for accuracy (math, consistency
among multiple sections – including drawings - of the
report
Develop good, well-thought-out plans and then
follow them
One Corps Serving The Army and the Nation
Tips
on
Working
with
the
Corps
in
US Army Corps
of Engineers
the Regulatory Program
•
Suggest ways for the process to go more smoothly
•
Conduct pre-application coordination when
appropriate
•
Use all of the Corps Regulatory websites as resources
•
Acknowledge the heavy Regulatory Program workload
•
Avoid, minimize, and compensate – ensure that
protection of the aquatic environment is integrated into
the planning process of all projects to the maximum
extent practicable
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Bottom Line
• If you need a Department of the Army permit
GET ONE !!
• If you get a Department of the Army permit
DO WHAT IT REQUIRES !!
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
•
Regulatory Program Information
National Regulatory Program Home Page:
http://www.usace.army.mil/inet/functions/cw/cecwo/reg/
•
Fort Worth District Regulatory Home Page:
http://www.swf.usace.army.mil/pubdata/environ/regulatory/index.asp
•
Galveston District Regulatory Home Page:
www.swg.usace.army.mil/reg/
•
Tulsa District Regulatory Home Page:
www.swt.usace.army.mil/permits/permits.cfm
•
Albuquerque District Regulatory Home Page:
www.spa.usace.army.mil/reg/
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Fort Worth District Guidance
• Regulatory Program Overview
• General Recommendations for Department of the
Army Submittals
• Procedures for Jurisdictional Determinations
• Individual Permit Application Checklist
• 404(b)(1) Alternative Analyses
• Mitigation
• Mitigation Banking
• In-lieu Fee Mitigation
• Emergency Procedures
One Corps Serving The Army and the Nation
US Army Corps
of Engineers
Corps Contacts in Texas and
Southwestern Division
Fort Worth District
(817)886-1731
Little Rock District
(501)324-5296
Galveston District
(409)766-3930
Tulsa District
(918)669-7400
Albuquerque District
(915)568-1359
One Corps Serving The Army and the Nation