Section 404 Permitting Process

Dam Removal, Demystified

Jean Gibby
Biologist Raleigh Regulatory Field Office, Wilmington District 14 June 2011

US Army Corps of Engineers

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Agenda
Regulatory Authority Types of Permits Permit Process Evaluation
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Regulatory Mission
To protect the Nations aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions.

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Regulatory Policies & Principles

District Engineers make permit decisions. Fair, flexible, timely, and balanced permit decisions. Corps holds line on no net loss of wetland function, other Federal programs gain wetlands (e.g., Civil Works ecosystem restoration projects). Balanced, transparent, multi-perspective, and timely permit evaluations constitute sound public service. CUSTOMER SERVICE IS PARAMOUNT. THIS IS BEST REFLECTED BY RESPONSIVENESS.

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SECTION 10, RIVERS AND HARBORS ACT, 1899

Regulates any activity that could affect navigable waters (bodies of water that have had, presently have, or have potential for interstate commerce) for: Placement of structures-piers, docks, bulkheads, jetties, etc. Discharge of dredged or fill material Dredging/Excavation

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Section 404 of the Clean Water Act

Regulates all waters of the United States, including wetlands, for: the discharge of dredged and/or fill material Potentially mechanized landclearing if it results in a discharge of fill material.

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Corps Regulatory Program Types of Permits

General Permits:
Nationwide

Permits (NWP) Regional General Permits (RGP) Programmatic General Permits (PGP)

Standard Permits:
Individual

Permits (IP) Letters of Permission (LP)

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Nationwide Permits
There are 50 NWPs
Some

may be reserved Permit No. 27 might be applicable

Nationwide

Issued by USACE HQ
Terms

& General Conditions set by HQ may add Regional Conditions

Districts

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Nationwide Permits (cont.)

Pre-Construction Notification may be required Subject to Discretionary Authority WQC may be required CZM may be required Mitigation may be required
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Nationwide Permit 27

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Other General Permits

Regional General Permits
Issued

by Districts Specific approach for specific area Conditions deal with area issues

Programmatic General Permits

Take

advantage of similar program Reduce regulatory duplication

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General Permits
Do you meet the requirements?
PCN,

WQC/CZM, Regional Conditions

Have a nice day!

Standard Permits
Get comfortable, please.
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Standard Permits
Letter Of Permission
Abbreviated

permit procedure Coordination letter in lieu of a public notice Minor-to-moderate Impacts

Individual Permit
Public

Notice Full project review procedure

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Standard Permits

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Items for a Complete Application

Items to include in submittal package to generate a Public Notice (PN)
Signed Application (agent letter) Project Description Adjacent Property Owners Addresses Statements on the Avoidance and Minimization of Wetland Impacts Statement on Compensatory Mitigation, or why mitigation is not offered One set of 8.5 x 11 drawings which include: a vicinity/ location map, overall site plan, plan with limits of wetlands and proposed wetland impact, and a cross section
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Evaluation: 404(b)(1) Guidelines

Project purpose
Sequential

process:

Avoidance Minimization Compensation - Mitigation

Corps determines least environmentally damaging practicable alternative Corps reviews mitigation proposal (No net loss of wetland acreage and function)
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Evaluation: Public Interest Review

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Evaluation: National Environmental Policy Act (NEPA)

Procedural Ensures consideration of environmental impacts and alternatives for federal actions Documentation of review Public involvement in process

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Evaluation: Other Applicable Federal Laws

Endangered Species Act (ESA) Magnuson-Stevens Act (Essential Fish Habitat - EFH) National Historic Preservation Act (NHPA) Coastal Zone Management Act Section 401 Of The Clean Water Act

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Marmot Dam-Before and After Shots

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