Corps Regulatory Process

Transcription

1 Corps Regulatory Process Tile Drainage on Agricultural Lands Workshop Kyle Zibung St. Paul District Waupaca County Project Manager Stevens Point Field Office US Army Corps of Engineers

2 Applicable Federal Law Section 10 of Rivers and Harbors Act of Permits required for work in, over, or under federal navigable waterways (e.g. Wolf River, WI River, Lake Winnebago System) -dredging, structures, piers, riprap, aerial transmission lines Section 404 of Clean Water Act (1977) -Permits required for the discharges of dredged and fill material into waters of the U.S.

3 Tile Drainage Projects Most Commonly Associated with Section 404 of the Clean Water Act General Rule: The type of work proposed and the method used to complete the work determines whether or not a permit is required from the Corps. Examples of Regulated Work Temporary/permanent placement of dredged/fill material in wetlands or below the OHWM of waterways. Constructing NEW ditches. Mechanized landclearing (grubbing stumps/roots, land-leveling) Open-trench tile installation and connection pits.

4 Waters of the U.S. Summary Includes: Excludes: - Most lakes, rivers, streams, wetlands - Case-by-case artificial/man-made wetlands and waterways - Uplands - Sewage lagoons, upland constructed borrow pits, active gravel pits, irrigated uplands - SWANCC isolated wetlands and waters - Prior converted cropland which does not support required wetland parameters

5 Identifying Wetlands Wetland Delineations must be conducted in accordance with 1987 Corps of Engineers Manual and applicable Regional Supplement -Based on Three Parameter Approach : Dominance of hydrophytic vegetation, presence of hydric soils, AND indicators of wetland hydrology. For purposes of Section 404, wetland boundaries NEED to be determined during the growing season based on parameters documented on the ground (cannot solely rely on off-site mapping tools, USDA wetland determinations)

6 Section 404 Authorizations General Permits (GP) - Category Specific Work, generally ~60 day review time - No compensatory mitigation typically required Letter of Permission (LOP) - Valid for most projects impacting under 2 acres of wetland/waterways - Compensatory mitigation required for impacts over 10,000 sq. ft. - ~120 day review time (30 day public notice) Individual Permit (IP) - Valid for projects impacting OVER 2 acres of wetland/waterways - Compensatory mitigation required for impacts over 10,000 sq. ft day review time (30 day public notice) 404 Exemptions - normal farming, ditch maintenance, maintenance of structures/fills, farm/forest roads 6

7 How to Apply for Permits Complete State/Federal Permit Application Apply Online Through WDNR E-Application Process - One-Stop-Shop Same permit application is used by Corps and WDNR to initiate application review Need to Calculate TOTAL Project Wetland/Waterway Impacts For Application (Square footage of all wetlands that would be filled, drained, inundated, and cleared)

8 Take Home Information Section 404 permitting guidelines require that all practicable project alternatives that avoid impacting wetlands and waterways be exhausted. If a practicable alternative exists, we cannot issue a permit by law. Develop a conceptual project plan and request a pre-application meeting. Coordinate with Corps project manager as early as possible to develop project schedule and avoid project delays. Give a call or with any questions and to help steer your project! 8

9 BUILDING STRONG

10 Contact Information Kyle Zibung Locating Corps Project Managers By WI County

11 Questions?