Page 1 of 1. You can find additional details on how to submit your application and what to submit here: Regulatory General Email Work area(s) isolation (i.e., coffer dams, silt fencing etc.) Section 404 of the Clean Water Act The agencies review of your project with regards to these laws is required for the USACE Regulatory permit program. Compensatory mitigation: What is it and why am I being asked to provide it? Standard Individual Permits require a more rigorous review, with additional review components, and often a longer processing time. Note: all surveys should be coordinated with the USFWS and/or NOAA-Fisheries (NMFS) prior to initiation. The purpose of the Endangered Species Act (ESA) is to protect and recover many of our nations native plant and animal species that are in danger of becoming extinct. If you have further questions about wetland delineation, contact your local Regulatory office to discuss your project with a regulatory Project Manager. PortlandPermits@usace.army.mil. What will happen if I do work without getting a permit from USACE Regulatory? The Section 401 certification is generally conducted at the same time as the Corps review. Copies of any available correspondence from federally recognized Indian Nations regarding historic properties that may be affected by the project. o Constructing artificial reefs. Section 401 of the Clean Water Act requires a federal license/permit applicant to obtain a Water Quality Certification from the certifying authority (i.e., state or Tribe) for an activity resulting in a discharge into waters of the United States. the relative extent of the public and private need for the proposed activity; If you are pulling up roots, you likely need authorization from us. The Corps goal is to decide on all applications within 60 days after receipt of a complete application for minor permits and 120 days for individual permits, unless: a decision is precluded as a matter of law or procedures required by law; the case must be referred to higher authority; the comment period of a public notice is extended; a timely submittal of information or comments is not received from the applicant; the processing is suspended at the request of the applicant; or information needed by the district engineer for a decision on the application cannot reasonably be obtained within the 60- or 120-day period. Why are state or local agency permits needed to get a USACE Regulatory permit? Individual Corps districts may develop Letter of Permissions applicable for work subject to Section 404 of the Clean Water Act after coordinating with state and federal agencies and allowing the opportunity for public comment. See the Supplemental NOI Document for additional schedule details. How can I design my project to eliminate the need for a USACE Regulatory permit? If you have a project that does not meet the conditions of any of the General Permits, such as nationwide or regional permits, please contact our office to discuss this project with one of our regulators. Permits, licenses, variances, or similar authorization may also be required by other Federal, state and local statutes. Temporary (typically up to six months) bank stabilization measures in waters. Unauthorized work may be subject to enforcement action. In the December 27, 2021 issue of the Federal Register (86 FR 73522), the U.S. Army Corps of Engineers (Corps) announced the reissuance of 40 existing Nationwide Permits (NWPs) and the issuance of 1 new NWP. Location map An individual, or standard permit, is issued when projects have more than minimal individual or cumulative impacts, are evaluated using additional environmental criteria, and involve a more. PortlandRegulatory@usace.army.mil, Application Email The SEF describes procedures for the evaluation of potential contaminant-related environmental impacts of dredging and the aquatic disposal of dredged material in inland waters (regulated under the Clean Water Act [CWA]) and the transport and disposal of dredged material in ocean waters (regulated under the Marine Protection, Research, and Sanctuaries Act [MPRSA]). For standard individual permits there is a permit issuance fee of $10 for non-commercial projects and $100 for commercial projects. The 404(b)(1) Guidelines state that an alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes (40 CFR 230.10(a)(2)). The SLOPES related documents are posted in the gray box below titled Biological opinions and letters of concurrence. Examples of criteria may include site size (what is the minimum site size you need for your project and why), site availability (is an alternative site available right now and/or was it available when you were looking for project sites), and/or accessibility (do you have road and/or access requirements for, say, industrial vehicles). If you need more space to provide information, please attach an extra sheet(s) of paper. The permit decision document includes a discussion of the environmental impacts of the project, the findings of the public interest review process, and any special evaluation required by the type of activity such as determinations of compliance with the Section 404(b)(1) Guidelines. All drawings should be clear, legible and formatted to fit an 8-1/2 by 11 inch sheet. The mission of the U.S. Army Corps of Engineers Regulatory offices is to protect the nations aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. Mitigation conceptual plans submitted with the application must include the following information at a minimum: proposed compensation type (bank or in-lieu fee credit, restoration, creation, preservation, etc. Many water bodies and wetlands in the nation are waters of the United States and are subject to the Corps' regulatory authority. How do you determine the location of a waters boundary? U.S. Army Corps of Engineers (USACE) NATIONWIDE PERMIT PRE-CONSTRUCTION NOTIFICATION (PCN) For use of this form, see 33 CFR 330; the proponent agency is CECW-CO-R. DATA REQUIRED BY THE PRIVACY ACT OF 1974 Form Approved - OMB No. As a federal agency the Corps has federal trust responsibility to ensure that Native American rights reserved by treaties are not compromised as part of our permit application review. Section 10-regulated activities include but are not limited to: The preferred method to submit your Corps permit application is electronically. Regulatory General Email The amount and complexity of any additional information needed depends on the project type and location. Standard Individual Permits have fees of $10 for non-commercial activities and $100 for commercial or industrial projects. Practicability includes cost, existing technology, and logistics. Information the district engineer needs for a decision on the application cannot reasonably be obtained within the allotted time period. A permit application requires a clear description of the proposed project, to include drawings, maps and other supporting documents. Where can I find my section, township and range? The process allows for a consideration of potentially less environmentally damaging alternatives available to accomplish the project purpose, to discuss measures for reducing the impacts of the project, and to inform the applicant of the factors the USACE must consider in its decision-making process. National Environmental Policy Act The passes available (when in stock) are: U.S. Army Corps of Engineers (USACE) Annual Pass for USACE Day Use Parks: $40. What should I include with my application? It is possible you may not have to obtain an individual permit, depending on the type or location of work. For standard individual permit reviews, a public notice initiating a 15- or 30-day public comment period will be issued within 15 days of receiving all the required information. The following fees apply when a project has been approved and a Standard Individual Permit is issued by the Corps and accepted by the applicant: $10 for individuals (non-commercial activities) Individual Permits The basic form of authorization is the individual permit. You can find more information below about the high tide line, ordinary high water mark, and wetlands. Pre-construction Notification Application: Certain NWPs require project proponents to . For information on recent updates to our program, as well as public outreach, visit our Projects, News and Updates page. Labels with adjoining property owners names, "OR CURRENT RESIDENT",and addresses must be included as part of your submittal. You can use the USACE Regulatorys Federal Permit Application Form (ENG 4345) or you can use the Joint Permit Application (JPA). The NMFS consults on salmon, marine fish, marine mammals and marine reptiles. The Corps' responsibilities and your responsibilities In accordance with the 404(b)(1) guidelines outlined in the Clean Water Act, this type of analysis reviews alternative project site locations (generally off-site) and designs (generally on-site) which would result in less impacts to the aquatic ecosystem after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Therefore, to expedite review of your application, we recommend modifying projects to meet all terms and conditions of the applicable RGP. Public interest reviews, Section 404(b)(1) analyses and National Environmental Policy Act analyses require a resource impact assessment, which may include Wetland Evaluation Technique (WET), Habitat Evaluation Procedures (HEP), Hydrogeomorphic Approach (HGM) for wetlands or the EPA's rapid bioassessment method for streams. Check your options as some may not apply. Do I need to talk to USACE Regulatory Branch to conduct debris removal? In order to have the highest quality documents, we prefer that the original digital documents are converted to PDF as opposed to the documents being printed and then scanned. After the delineation is completed submit the report to USACE Regulatory and we will verify the accuracy of the wetland delineation. The federal governments unique relationship with Native American tribes is embodied in the U.S. Constitution, treaties, court decisions, federal statues and executive orders. If work is to be conducted on or near a federally authorized project, which may include a dam, levee, flood wall, federal navigation channel, or reservoir including work in uplands, please contact section408nwp@usace.army.mil. For non-federal applicants, you need to provide a certification stating that your proposed activity will comply with the state's coastal zone management program. If the Corps finds that the proposed activity would have more than minimal individual or cumulative net adverse impact on the environment, or may be contrary to the public interest, you would need to modify your proposal to reduce or eliminate those adverse effects, or apply for a Standard Individual Permit. Ocean Thermal Energy Conversion Act of 1980 These types of projects usually include minor dredging and construction, maintenance, or replacement of piers, mooring buoys, piles, or floats. Wilhelm and Rericha, 2017). When a permit is denied an applicant may redesign the project and submit a new application. Information regarding adjacent landowners is usually available online through your local property appraiser website. Uplands are generally landward of the vegetation line (where the vegetation starts outside of the water). The USFWS consults on birds, terrestrial animals, plants, amphibians and most freshwater fish. For further information . General permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts to aquatic resources, separately or on a cumulative basis. Completing a wetland delineation requires expertise and is typically done by a professional wetland scientist. There are some general situations in which an area has a strong probability of being a wetland. Through the Civil Works program, the USACE serves the public by . The USACE must also issue a public notice advertising the proposed list and the LOP procedures, request comments and offer an opportunity for public hearing. Your site/site/property is periodically flooded by tides, even if only by strong, wind-driven, or spring tides. The basic form of authorization is the individual permit. https://www.nwp.usace.army.mil/Missions/Regulatory/Contact.aspx. A public notice will be issued for a Standard Individual Permit application to allow federal, state and local agencies, adjacent property owners and the general public an opportunity to review and comment on the plan or to request a public hearing. Most permits issued by USACE Regulatory, such as Letters of Permission, Nationwide Permits, and General Permits, do not have a permit fee. Alternatively, some free online applications can provide this data. Each Regional General Permit has specific terms and conditions, all of which must be met for project-specific actions to be verified. The level of review of a proposed project is commensurate to the level of impact to waters of the U.S. (Regulatory Guidance Letter 93-2). INDIVIDUAL PERMITS Delineations need to be less than five years old and follow the U.S. Army Corps of Engineers Wetland Delineation Manual (and any related supplements). . The applicant applying for authorization should sign the application and the permit, if applicable. Removed material must be placed/stored in uplands without return of material or drained water back into the waterbody. Regional General Permits In general, submit a project description (think: who, what, where, when, and why), a description of what waters (including open water and wetlands) are on-site, the size and type of impacts to those waters, and drawings of your project. This additional review is not required for all projects, so during the review of your application, your Project Manager will notify you if approval of your SESC plan from the applicable office is required. No fees are charged to governmental agencies. How much does a USACE Regulatory permit cost? Along with the form, submit a wetlands and other waters delineation of the site and clearly indicate on drawings the area within which you are requesting a review. Work includes asphalt resurfacing, full-depth joint repairs, and adding left -turn lanes. Individual Permit. Provide technical resources that support best practices when designing projects, Sediment Evaluation Framework Individual permits include Standard Permits, which are generally more complex in nature and involve notification of the public and commenting agencies, and Letters of Permission, a type of. The SEF provides regional guidance for the characterization and assessment of dredged sediment and potential water quality impacts that may occur during dredging. For purposes of Section 404 of the Clean Water Act, the lateral limits of jurisdiction extend to the OHWM in non-tidal waterbodies and the high tide line in tidal waterbodies, in the absence of adjacent wetlands. A description of proposed soil erosion and sediment control (SESC) plans that identify all SESC measures to be utilized during construction of the project. The Corps will request . There are multiple interagency passes available for purchase. An alternatives analysis under the 404(b)(1) Guidelines. o Discharging overburden, slurry or tailings or similar mining related materials. It includes all wetlands, streams and other bodies of water in your project area. The lists below are not exhaustive. Bank stabilization activities that may require a permit include but are not limited to: The May 2018 SEF can be downloaded at the following website: http://www.nwp.usace.army.mil/Missions/Environmental-Stewardship/DMM/. Individual Permits are required if your project does not fall under the criteria for a general permit or letter of permission. The Section 401 certification can cover both the construction and operation of the proposed project. Once your project has been assigned a. Pre-Construction Notification Form (If you receive an error opening in your browser, right-click to save to your computer), Required drawings when submitting an application Individual Permits are required if your project does not fall under the criteria for a general permit or letter of permission. The Corps can also provide a determination of whether or not waters at your project site are jurisdictional. The Corps characterizes an emergency as a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen and significant economic hardship if no action is taken. site redesign, reduction in scope, alternate methods, etc.). Regional Permits are a type of general permit as defined in 33 CFR 322.2 (f) and 33 CFR 323.2 (n). The Chicago District has transitioned to digital applications. Emergency declarations by the state or a county government do not mean all repair activities qualify as emergency situations. Marine Mammal Protection Act If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the. Fill out this Permitting Inquiries Checklist and email it to SPLPermitInquiries@usace.army.mil. Individual Permits If you have a project that does not meet the conditions of any of the General Permits, such as nationwide or regional permits, please contact our office to discuss this. An official website of the United States government. As amended (33 U.S.C. You may receive helpful information which could prevent delays to your proposed project schedule. Site plan The below checklists have been broken down to anticipate the information needed for your particular project. . You should refer to this number when inquiring about your application. America the Beautiful Senior Annual Pass: $20. Mitigation for wetland impacts may take place on-site, offsite, in mitigation banks, or through in-lieu fee programs. For website corrections, write to public.affairs@usace.army.mil, An official website of the United States government, Activities at Certain Reservoirs and Federal and State Sponsored Projects (CESWF-97-LOP-1), Surface Coal Mining Activities (CESWF-18-LOP-3), Hosted by Defense Media Activity - WEB.mil. 2021 Nationwide Permits Regional General Permits Individual Permits Permit Application and Other Useful Forms and Permit Resources Some examples of regulated activities include the following: Although a conceptual mitigation plan may be sufficient for the purposes of the public notice, a detailed mitigation plan must be approved by the Corps before any jurisdictional work may occur on the project site. An example of a project authorized under this permit is a large commercial development. The USACE must conduct a public interest evaluation, but there is no requirement for a public notice. in waters. You must notify the Corps of the need to perform emergency work before taking any action, if possible. Labels must be prepared using all CAPITAL LETTERS. Contact your county Project Manager for more information concerning requirements for a re-verification. Processing such permits involves evaluation of individual, project specific applications in what can be considered three steps: pre-application consultation (for larger projects), formal permit application review, and decision-making. This is submitted once the initial proffered permit has been issued and accepted by the applicant but prior to USACE signature finalizing the permit (after applicant review and signature). To know if there are wetlands on your site/property, you should have a wetland delineation conducted. When adjacent wetlands are present, Clean Water Act jurisdiction extends beyond the OHWM or high tide line to the limits of the adjacent wetlands. Do not dig into the soil/sediment of a waters bed or banks. Restoration of streambanks and wetlands. Letter of Permission 1413), authorizes the U.S. Army Corps of Engineers to issue permits for the transportation of dredged material for the purpose of dumping it into ocean waters. EMERGENCY AND EXPEDITED PERMITS Standard Individual Permits To use Letters of permission in cases subject to section 404 of the Clean Water Act, the USACE must first consult with Federal and state fish and wildlife agencies, the Environmental Protection Agency, the state water quality certifying agency, and, if appropriate, the state Coastal Zone Management Agency, on appropriate categories of activities for authorization under LOP procedures. All Section 10 waters are also Section 404 waters, but not all Section 404 waters are Section 10 waters. They can be hand-drawn provided they meet the requirements of our drawing checklist . If your activity is located in an area of tidal waters the best way to avoid the need for a permit is to select a site that is above the high tide line and avoid adjacent wetlands and other waters (i.e., coastal lakes and tributaries). Authorization can range from general permits for minor impacts (such as Nationwide and Regional general permits), Letters of Permission, and higher impact permits such as Standard Individual Permits. Please remember that a decision will not be issued from this office until all necessary documents are received and reviewed. When all considerations are satisfied, the District Engineer will make a decision to either issue or deny the permit application. While not all activities in waterways need a permit, it is best to contact your county Project Manager to determine if USACE Regulatory authorization is needed. Performing unauthorized work in waters of the United States or failure to comply with the terms of a valid permit may result in serious consequences. A description of the area to be impacted by the proposed project, including the species, typical sizes (d.b.h.) For website corrections, write to cenwp-pa@usace.army.mil. Replacing any portion of a water of the U.S. with dry land; or State of Illinois: Initial documentation required for the Illinois State Historic Preservation Officer (ILSHPO) is located here: State of Indiana: The applicant may obtain a letter from the, Log in or create an account and follow the instructions to request an official species list, evaluate determination keys, analyze project (if applicable), and download documentation. Application procedures are included with each LOP procedure. If your project does not comply with all of the terms and conditions, authorization may be granted by another type of Department of the Army permit, however, the process will likely take longer. Coastal Zone Management Act of 1972 The Regional Sediment Evaluation Team agencies prepared the SEF for use in the Pacific Northwest, defined here as the States of Washington, Oregon and Idaho. It provides information to help permit applicants: Understand the agencies permitting processes o Protecting and/or reclaiming your site/property (such as after a flood) with riprap, groins, seawalls, breakwaters, or revetments. an unacceptable hazard to life; Under Section 401 of the CWA, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 water quality certification is issued, or certification is waived. If you are unsure whom to contact, you may call our general line at (312) 846-5530. Some of these laws apply regularly and some of them are rarely applicable. If you have questions about a particular water, contact your county Project Manager . Identify some potential permitting hurdles Increased surface runoff from development has the potential to cause significant changes in aquatic ecosystems. The applicant is advised to: For projects located in Indiana: A written request to USFWS to review the presence or absence of threatened and endangered species on the project property should be submitted prior to submitting your application. Simple SPs typically take 120 days to process from the time a complete application is received by Corps. Mitigating the environmental impacts of necessary development actions in the Nation's wetlands and other aquatic resources is a central premise of Federal wetlands programs. This includes factors which will be considered during the public interest review and may include alternatives to consider when designing a project. An LOP may include general conditions and appropriate case-specific provisions necessary to protect the environment, including natural and cultural resources. State Water Quality Certification (March 5, 2001) is required for all standard individual Section 404 of the Clean Water Act permits. The USACE Regulatory program permit evaluation process results in permit decisions that balance the need for proposed development with protection of the nations aquatic environment. The applicant must submit the required information on an Individual Permit Application Form (Form 4345) and are encouraged to submit the supplemental electronic IP application form (available here) along with it. When you apply for a permit from the Corps, you are often required to obtain a Section 401 water quality certification from the certifying authority. A few helpful hints for submitting a permit application include always providing clear drawings, do not clutter drawings with extraneous information and provide complete information and details for the project proposal. Drawings do not need to be created by an engineer. The term encompasses artifacts, records and human burials related to and located within such properties. Depending on the complexity of your project, we may ask for additional information or clarification on your project. After receipt of a complete application, the USACE issues joint public notice for Section 404 and Section 401 water quality certification; USACE reviews comments, evaluates the permit application based on regulations, and completes required documentation; and. AnAlternative Analysis and a mitigation plan are not required for a complete application to prepare a public notice, but are very helpful. Is there a streamlined Section 401 process for projects with minimal impacts? A standard, or individual, permit is one evaluated through the typical review procedures which includes a public notice, opportunity for a public hearing, and receipt of comments. You may be able to obtain it online from your county site/property appraiser. Your site/site/property has plant communities that commonly occur in areas having standing water for part of the growing season (e.g., cordgrass marshes, cattail marshes, bulrush and tule marshes, skunk cabbage, and sphagnum bogs). MARQUETTE, Mich. - The Michigan Department of Transportation (MDOT) is investing about $8.3 million in joint repairs, resurfacing and safety improvements on 6.2 miles of US-41/M-28 from Iroquois Drive to Brickyard Road in the city of Negaunee, Negaunee Township, and Marquette Township. The project will be reviewed, balancing the need and expected benefits against the probable impacts of the work, taking into consideration all comments received and other relevant factors. US Army Corps of Engineers. Section 401 water quality certification is conducted by the Texas Commission on Environmental Quality in Texas and the Louisiana Department of Environmental Quality (LDEQ) in Louisiana. The Corps may ask for additional information at this time and a public hearing may be conducted if one has been specifically requested or determined to be necessary. Permit applicants who are planning projects in or near Portland Harbor should review the Portland Harbor Permitting Guide (2.5 MB pdf). The term ordinary high water mark (OHWM) refers to the line on the shore or bank established by the fluctuations of water, which are indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. The Clean Water Act aims to protect the physical, chemical and biological integrity of water quality in the United States. Federal trust responsibilities A Standard Individual Permit is subject to the public interest review process on a project-specific basis. When putting together your permit submittal, if you have any questions, please feel free to contact theproject managerfor your County. Federal Power Act of 1920 1050 Buford Dam Rd. Native American Graves Protection & Repatriation Act an immediate, unforeseen, and significant economic hardship. Your project may require a 408 permission by USACE (see https://www.nwp.usace.army.mil/408/). Outer Continental Shelf Lands Act of 1953 (as amended) Deliver vital engineering solutions, in collaboration with our partners, to secure our Nation, energize our economy, and reduce disaster risk. Multiple-year maintenance dredging is not considered a multi-phase project. Nationwide, less than one percent of all requests for permits are denied. America the Beautiful Annual Pass: $80. In some cases, this may include preservation of wetlands and associated upland buffers. All mitigation projects must comply with the Federal Regulations on compensatory mitigation (33 CFR 332) entitled Compensatory Mitigation for Losses of Aquatic Resources: Final Rule, dated April 10, 2008, which is available at:https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/mitig_info/. U.S. Army Corps of Engineers (USACE) Headquarters Regulatory page Click here for more information on delineation standardsand what should be included in the wetland delineation report. For sites supporting wetlands, the delineation should include a Floristic Quality Assessment (Flora of the Chicago Region: A Floristic and Ecological Synthesis. When a proposed project will affect a species listed under the Endangered Species Act, the Corps is required to consult with the NMFS and/or the USFWS and cannot issue a permit until that consultation is complete. National Marine Fisheries Service (NMFS) How to Send Comments on Regulatory Division Public Notices: Send comments to the Regulatory Division, U.S. Army Corps of Engineers, Galveston District, P.O. In some cases, placing or removing downed trees would require a permit, including but not limited to, removal of a tree and root wad (i.e., below OHWM) resulting in a bank hole or punch out location creating bank destabilization and displacement of bank material below the OHWM. Permit Application Drawing Requirements If your project does not require a permit from the DSL you may complete the application for a Corps permit only. A Letter of Permission is a type of Individual Permit issued through a more streamlined process. When there is a proposed discharge, all appropriate and practicable steps must first be taken to avoid and minimize impacts to aquatic resources. In Washington State, many Nationwide permits have a blanket or general water quality certificate that is incorporated into the USACE Regulatory permit. In open waters uplands are above the ordinary high-water mark (OHWM) or high tide line. Contact your local Corps office for more information on wetland delineations. Mitigation may include creation, enhancement or restoration of wetlands and their functions. Section 404-regulated activities include but are not limited to: A Letter of Permission (LOP) procedure is an alternative procedure for evaluating individual permit applications for activities in waters of the U.S. authorized by the U.S. Army Corps of Engineers (USACE). Any person, firm, tribe or agency (including Federal, state, and local government agencies) planning to work in navigable waters of the United States, or discharge dredged or fill material in waters of the United States, including wetlands, must first obtain a permit from USACE Regulatory. As a result of changing public needs and evolving policy via new laws and court decisions, protection has been extended to all waters of the United States including many wetlands. If you would like to request a jurisdictional determination only, please complete and submit this form JD Request Form. Deliver vital engineering solutions, in collaboration with our partners, to secure our Nation, energize our economy, and reduce disaster risk. You can find additional details on how to submit your application and what to submit here: 22-SPGP Permit Verification Letter. The Corps can also provide a determination of whether or not waters at your project site are jurisdictional. An important distinction between an Individual Permit and a Nationwide Permit or Regional General Permit is the public interest review requirement. What are the ordinary / high tide / mean high water lines? There are two types of general permits: Nationwide Permits and Regional General Permits. The term "fill" refers to material placed in waters of the U.S. in which the material has the effect of: The boundary of a wetland requires a delineation. US Army Corps of Engineers. If the conditions cannot be met, then a regional or individual permit will be required. Send application packages only to PortlandPermits@usace.army.mil. USACE will work with you to develop this list. The alternatives analysis framework provides details on how this process works. Local and state governments issue permits to ensure compliance with local and state laws and regulations. However, if you prefer, you can use the Joint Permit Application found in the section above. 2021 Nationwide Permits Final Rule Federal Register Notice - 27 December 2021. Project Managers are assigned by county. If your files are larger than 20MB, contact the Project Manager for your County. For Individual Permits - Submit ENG Form 4345 Please see the ENG 4345 Checklist for more information For Nationwide Permits - ENG Form 6082 In addition, submission of the following. As a result, individual extensions of the general permit expiration cannot be granted. The Corps has the responsibility to determine if the proposed work is consistent with the Corps' definition of an emergency, whether authorization is needed, and if so, which type of authorization is required. In general, you may be asked for the following: The results of any habitat surveys and presence/absence surveys. The map should provide the location of the entire project site and include latitude and longitude in decimal degrees format of the center point of your project boundary. Upon receipt of your permit application, you will be sent an acknowledgement of receipt and a Corps reference number specific to your file. Permit fees of $100 (commercial) or $10 (non-commercial) are now required for issued permits. The SEF is periodically revised and updated to account for advances in regulatory practice and technical understanding. Pre-application consultation usually involves one or several meetings between an applicant, USACE staff, interested resource agencies (federal, state, or local), and sometimes the interested public. Public review interest factors include: The Section 404(b)(1) Guidelines are the substantive criteria developed by Environmental Protection Agency and used by the USACE to evaluate proposed discharges into waters of the United States. To avoid unnecessary delays, pre-application conferences, particularly for applications for major activities, are recommended. Section 404 permits generally require Section 401 water quality certifications. The permit review will evaluate if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation. The ESA is administered by the U.S. . Section 14 of the Rivers and Harbors Act of 1899 CATEGORY: DO I NEED A PERMIT? Who should sign the permit? Fish& Wildlife Coordination Act Portland Harbor Projects The easiest way to ensure your project complies with state and federal agency requirements is to find out what they are when you are planning your project and incorporate design elements that minimize environmental impact. For more information on this topic, you can go to: https://www.nwp.usace.army.mil/Missions/Regulatory/Jurisdiction/. In Oregon, the request for certification is most often reviewed by the Oregon Department of Environmental Quality . Then reference section 4 on your attachment. If you are cutting the vegetation above ground level, you likely do not need authorization from us. The letter of permission may not be used to authorize the transportation of dredged material for the purpose of dumping it in ocean waters. Multi-phase projects should include all development activities that the applicant plans to undertake within 5-10 years related to the same project. Discharges of runoff may carry pollutants such as eroded soil, oil, metals, and pesticides that adversely affect oceans, streams, wetlands, lakes, and groundwater. Please be advised that you do not need to request a jurisdictional determination (JD) before applying for a permit. A copy of any completed archaeology or building/structure survey reports, if available. Each agency will review the application form and make its own permit decision. land clearing, utilities, stormwater management). On March 20, 2023, the Environmental Protection Agency and the Department of the Armys Revised Definition of Waters of the United States (2023 Rule) became effective in all jurisdictions of the United States except Idaho and Texas. Do not use machinery in waters in a way that moves soil or other native material from one location to another along the substrate (for example, bulldozing or pushing/dragging material with an excavator bucket prior to scooping it out). Who should sign the application? Waters of the United States is legally defined in section 40 CFR 230.3(s) of the Clean Water Act , as well as at 33 CFR Part 328 . National Levee Database. This often expedites the permitting process. We request applicants reduce the total file size as much as possible prior to submission. Read the Public Notice titled "Emergency Permitting Procedures" on our, How to request a jurisdictional determination. For all projects, the Corps will consult with other state and federal agencies and Native American tribes as appropriate. When working near non-tidal waters stay landward of the ordinary high water mark and avoid wetlands adjacent to streams, rivers, or lakes. The U.S. Army Corps of Engineers receives its authority from the following federal laws: Section 10 of the Rivers & Harbors Act of 1899 This will save a lot of unnecessary complications (and cost) later. USACE Regulatorys goal is to reach a determination on all applications within 60 days after receipt of a complete application for general permits and 120 days for individual permits, unless: What do I do if my information does not fit in the space provided? A request for additional information may be sent if necessary. All permit reviews, including emergency reviews, require coordination with tribes and state and federal agencies. For example, if you need to add an attachment for your project description make a notation in JPA section 4 (on page 2) explaining that you are continuing the description in an attachment. Does not occur in a Navigable waterway. The Clean Water Act Section 404 permit program relies on the use of compensatory mitigation to offset the remaining unavoidable impacts to wetlands and other aquatic resources. Caution: Most wetlands lack both standing water and waterlogged soils during at least part of the growing season. Standard Permit, also referred to as an Individual Permit, is required when a proposed project does not meet the criteria to qualify for a General Permit, Nationwide Permit, or Letter of. Contact the Oregon Department of State Lands (DSL) for projects that may require state permits. Several tools are available to help determine if an activity might affect a listed species. The photos should be sufficient to accurately portray the project site, keyed to a location map and not taken when snow cover is present. In addition, in some instances, a Coastal Zone Management Federal Consistency determination from the state will also be required. This information is needed to evaluate the habitat quality, which in turn helps evaluate whether that habitat might support threatened and endangered species. Under Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. Authorization under IP may be obtained only through application with the USACE. The Permit Process consists of a number of steps involving the applicant, the Corps of Engineers, public and/or private organizations, and Federal, state and/or local agencies. Understand various permit requirements Where can I find mailing addresses for owners of adjoining properties? U.S. Environmental Protection Agency's Section 401 webpage Also, some general permits include expiration grace periods for projects for which construction has started, or for projects that are under contract. The USACE does this to maintain fairness in the permit process; if a group is opposed to your project, they get a chance to explain why. Please note in accordance with 33 CFR part 330.6(b), that . USACE Standard Local Operating Procedures for Endangered Species (SLOPES) In some cases, USACE Regulatory may delineate wetlands belonging to non-commercial entities. The Checklist for Applications for Individual Department of the Army Permits (dated March 31, 2003) is a summary in checklist form of the items that applicants are required to provide for a complete individual permit application (33 CFR 325). Sending application packages directly to a project manager can delay processing through our system. The USACE is required to analyze alternatives to the proposed project may not issue a permit under Section 404 if the proposal does not meet the 404(b)(1) guidelines The USACE may only issue a permit for the least environmentally damaging practicable alternative. Corps Permit Application, Projects that require Corps Nationwide Permit verification only LDEQ reviews Individual Permit applications concurrent with the USACE review to determine if the work would comply with State water quality standards and other applicable provisions of the Clean Water Act. A Department of the Army permit is considered to be such a federal undertaking. This does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Processing such permits involves evaluation of individual, project specific applications in what can be considered three steps:. Info. If there is potential habitat for any TE&C species or a mapped critical habitat within the project site, you are advised to contact our office as a survey may be needed. After the comment period, the Corps will review all of the comments. Do not remove roots. 50 CFR Part 600 - Essential Fish Habitat Regulations. The drawings should contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. Each project will likely have its own set of unique criteria. If any of the following situations occur, you should contact your local Regulatory office to determine whether the area is a wetland: For each section of the application form you are using include the number of that section on your extra sheet(s). Examples of such fill material can include, but are not limited to rock, sand, soil, clay, plastics, construction debris, wood chips, overburden from mining or other excavation activities, and materials used to create any structure or infrastructure in the waters of the United States. For coastal areas with tidal waters, the high tide line is the intersection line of the land with the water's surface at the maximum height reached by a rising tide. Individual permit authorizations under Section 404 of the Clean Water Act require evaluation of an alternative analysis. A Regional General Permit is issued for a specific geographic area by an individual Corps District. The basic purpose of such meetings is to provide for informal discussions about the pros and cons of a proposal relative to its effects on the aquatic environment while the applicant is still in the planning process. You can submit your jurisdictional determination request in the same way as a permit application see Submitting your Corps permit application just above. 40 CFR Part 22 - Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits Contact your county Project Manager for information regarding how to determine the high tide line. All permit reviews, including emergency reviews, require coordination with tribes and state and federal agencies. The evaluation process for Individual Permits involves a public comment period, coordination with other State and Federal agencies, as well as a full public interest review. If it is necessary to provide a hard copy of the application materials, and/or any subsequent material, a digital copy must also be provided for the digital record. The following websites may help clarifying if your project is near a USACE civil works project: Requires approval prior to the accomplishment of any work in or over navigable waters of the United States, or work which affects the course, location, condition or capacity of such waters. Completing a wetland delineation requires expertise and may require professional assistance. Section 10 permits may also require Section 401 water quality certifications. Wetlands are areas that are periodically or permanently inundated by surface or ground water and support vegetation adapted for life in saturated soil. Nationwide Permits Oregon Department of Environmental Quality's Section 401 webpage. a significant loss of site/property; or Section 103 of the Marine Protection, Research, & Sanctuaries Act of 1972 Processing such permits involves evaluation of individual, project specific applications in what can be. For website corrections, write to chicagodistrict.pao@usace.army.mil, An official website of the United States government, Information Required for Public Notice Issuance, Additional Information Needed to Complete the Review Process, JE Roush - Updated Lake Temperatures & DO, Salamonie - Updated Lake Temperatures & DO, Mississinewa - Updated Lake Temperatures & DO, Electric Barriers Fish-Vessel Interaction, Air National Guard Environmental Assessments, Engineering and Environmental Consultants, https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/mitig_info/, https://dnrhistoric.illinois.gov/preserve/resource-protection.html, Historic and Architectural Resources Geographic Information System (HARGIS), Indiana Division of Historic Preservation & Archaeology, US Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), Hosted by Defense Media Activity - WEB.mil. Standard Permit: An individual, or standard permit, is issued when projects have more than minimal individual or cumulative impacts, are evaluated using additional environmental criteria, and involve a more comprehensive public interest review.. ENG Form 4345 - Department of the Army Permit Application. 50 CFR Parts 400-499 - Endangered Species Regulations Individual Permits are for activities that do not fit the requirements for a Nationwide Permit or Regional General Permit. For additional information onSection 401visit: For more information and to begin the application process for a Section 408 review, visit our Section 408 webpage. An Individual Permit is a type of standard permit that authorizes activities that may cause more than minimal adverse effects to the aquatic environment. without an USACE Regulatory authorization? If your project does not require a permit from the DSL and you are submitting for potential Nationwide Permit verification, you may complete the Corps-only pre-construction notification form. o Developing a site for recreational, industrial, commercial, residential, or other uses. 40 CFR Part 233G - Tribal Regulations Interstate Land Sales Full Disclosure Act This is the official public website of the Chicago District, U.S. Army Corps of Engineers. The comment period of a public notice is extended. the practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed activity; General permits are not specific to your project but are overarching permits under which multiple projects can be authorized. Comments made in reference to a public notice should include your name, address, phone number . USACE Regulatory will endeavor to provide helpful information. o Discharging fill material for structures such as sewage treatment facilities, intake and outfall pipes, and utility lines. In order to fully complete the permit review, the project narrative should be detailed and describe all the work to be performed, a clear project purpose and need statement, and explain how avoidance and minimization of temporary impacts and permanent losses of waters of the United States were achieved on the project site (i.e. You may need to conduct a wetland delineation, cultural resource investigations, sediment evaluation, or other preparatory work when applying for authorization from USACE Regulatory. The processing is suspended at the request of the applicant. o Constructing or maintaining causeways, roads, dams, levees, dikes. We will review emergency authorization requests on a case-by-case basis. A letter of permission is a type of permit issued through an abbreviated processing procedure that includes coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and a public interest evaluation, but without the publishing of an individual public notice (See 33 CFR 325.2(e)(1)). These permits are issued for activities that have more than minimal adverse impacts to waters of the United States and evaluation of each permit application involves more thorough review of the potential environmental and socioeconomic effects of the proposed activity. Endangered Species Act However, this term is also used more generally to refer to all wetlands and surface waters considered to be jurisdictional under the USACE Regulatory program. There are two types of Individual Permits: Standard Individual Permits and Letters of Permission. The followingwhite paper has been prepared to assist you prepare this analysis Preparing An Alternatives Analysis. Alternatively, you can contact the Portland or Eugene Section chiefs for assistance. US Army Corps of Engineers. Changing the bottom elevation of any portion of a water of the U.S. If you want to set up a pre-application meeting when planning of your project, contact your local Corps Regulatory project manager. https://www.nwp.usace.army.mil/Missions/Regulatory/Apply/ or call your Project Manager . How do I know if I will need a USACE Regulatory permit? Publication Change Request Form. Oregon State Historic Preservation Office (SHPO): Section 106 of the National Historic Preservation Act. Standard Permits (SPs) are issued for projects that could have more than a minimal impact on the environment. Call the Corps Regulatory Project Manager for your county as soon as possible to discuss the situation. The following are tips on what to include in your submission for issuance of the public notice and to help expedite the review of your project. An IP requires a full public. Fish and Wildlife Service (USFWS) and Texas Parks and Wildlife Department (TPWD); and may coordinate with other agencies such as Environmental Protection Agency (EPA); the Texas Commission on Environmental Quality (TCEQ) or the Railroad Commission of Texas (RRC) (depending on the nature of the proposed activities); the National Marine Fisheries Service (NMFS); the General Land Office (GLO); the Louisiana Department of Environmental Quality and the Louisiana Department of Wildlife and Fisheries; and the Louisiana Department of Natural Resources (Coastal Management Division). Please note that completion of a questionnaire is not required in order for a Section 404 application to be considered administratively complete by the USACE, but is required for the TCEQ to process a request for water quality certification. Deepwater Port Act of 1974 Contact your county Project Manager if you have questions about work that may require authorization from USACE Regulatory. Prior to authorizing any project, the USACE must conduct a public interest evaluation and coordinate with the U.S. Oregon Heritage State Historic Preservation Office (SHPO). The USACE may not issue a permit if the proposed project is not in compliance with other laws (such as Section 401 of the Clean Water Act; National Environmental Policy Act; Fish and Wildlife Coordination Act ; Endangered Species Act (threatened or endangered species information); Coastal Zone Management Act ; National Historic Preservation Act; Magnuson-Stevens Fishery Conservation and Management Act; Essential Fish Habitat); if the activity would result in significant degradation of aquatic environment (net after mitigation); or if there is not appropriate and practicable mitigation. The Corps permit application process gives applicants the opportunity to demonstrate that they have avoided and minimized impacts to waters of the United States as much as possible. Correction Notice to January 2021 NWP Final Rule. The Clean Water Act (CWA) gives states and authorized Native American Tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States. General. Oregon Department of Land Conservation and Development (DLCD): Coastal Zone Management Act of 1972 (only in the coastal zone of the state) In general, though, your project and the potential location and design alternatives would be evaluated against the project purpose and a set of criteria pertaining to your project. A Corps tool designed to expedite the consultation is called Standard Local Operating Procedures for Endangered Species (SLOPES). Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to take into account the effects of their undertakings on historic properties. Blocking navigation in the water is not permissible. Additional contacts are also listed to help answer your questions. It is also very helpful for our evaluation to have a comparison of the habitat withinthe project area with potential suitable habitat of the TE&C species listed in the official species list that was generated in IPaC. Precluded as a matter of law or procedures required by law. Section 307(c) of the Coastal Zone Management Act of 1972 (as amended) applies in states with coastal zones, which includes Oregon and Washington. Call your county Project Manager as soon as possible to discuss the situation. Coordinated with the USFWS and/or NOAA-Fisheries ( NMFS ) prior to submission your particular.... The District engineer will make a decision to either issue or deny the application! 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