Navigating the U.S. Army Corps of Engineers Regulatory Process

Transcription

1 Navigating the U.S. Army Corps of Engineers Regulatory Process Angela Ryan Biologist Tampa Permits Section May 16, 2012 US Army Corps of Engineers JACKSONVILLE DISTRICT

2 Regulatory Mission To protect the Nation s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. Xx. Xx. Xx.

3 Authority Authority Geographic Activity Section 10, Rivers and Harbors Act of 1899 Section 404 Clean Water Act of 1977 Section 103, Marine Protection, Research and Sanctuaries Act Navigable Waters of U.S. Waters of U.S., e.g. wetlands and streams Ocean All Structures or Work. (the construction, excavation, or deposition of materials in, over, or under such waters, or any work which would affect the course, location, condition, or capacity of those waters.). Discharge of dredged or fill material. Transportation of dredged material for the purpose of disposal in the ocean.

4 Jurisdiction in Tidal Waters

5 Types of Permits Individual Permit (IP) Public Notice (PN) Full project review procedure Letter of Permission (LOP) Abbreviated permit procedure Coordination letter in lieu of a public notice Minor Impacts

6 General Permits Regional General Permits (GP) Specific approach for specific area Conditions deal with area issues Programmatic General Permits (PGP) Take advantage of similar program Reduce regulatory duplication

7 2012 Nationwide Permits (NWP) 50 NWPs WQC is now required for all NWP s Pre-Construction Notification may be required Subject to Discretionary Authority Subject to Corps Mitigation Rule

8 Navigating the Review Process Joint Permit App Submittal to State App Received from State Begin Processing Completeness Determination and Public Notice Application Approved Corps Individuals Special Interests Local Agencies Federal Agencies Decision Document Application Denied 404(b)(1) Guidelines 2008 Mitigation Rule Public Interest Review NEPA, ESA, NHPA, EFH State & Territorial Certifications (CZM, WQC) Application Reviewed

9 Public Interest Review 21 Factors, including: Conservation Economics Wetlands Fish And Wildlife Values Flood Plain Values & Flood Hazards Water Supply And Conservation Land Use Navigation General Environmental Concerns Safety Historic and Cultural Shore Erosion and Accretion The Corps Issues A Permit Unless The Corps Determines That The Project Is Contrary To The Public Interest

10 404(b)(1) Guidelines Project Purpose Sequential Process Avoidance Minimization Compensation Corps determines least environmentally damaging practicable alternative

11 NEPA National Environmental Policy Act Ensures consideration of environmental impacts and alternatives for federal actions Finding of No Significant Impact (FONSI) Environmental Assessments Environmental Impact Statements Categorical Exclusions

12 2008 Corps Mitigation Rule Established a mitigation hierarchy All mitigation proposals must contain the 12 Objectives e.g., baseline data, site selection and performance standards Emphasis on type for type replacement of aquatic resources

13 Section 10 Important Issues Endangered Species Act (ESA) Magnuson-Stevens Fishery Act - Essential Fish Habitat (EFH) Marine Mammal Protection Act (MMPA) National Historic Preservation Act (NHPA)

14 Section 10 Important Issues Understand sensitive time periods, e.g. seagrass survey time periods, sea turtle nesting season, manatee season, fisheries spawning or migration seasons and other biologically critical time periods. Be familiar with construction guidelines and conditions associated with ESA and EFH

15 Case Studies Single Family Dock Section 10 - RGP SAJ-20 No PN and programmatic concurrence for ESA Project plans, adherence to Manatee Construction Conditions and requirement for As-Builts

16 Case Studies Mangrove Restoration Jurisdiction: Section 10 and 404 Permit verified as a NWP acres of tidal mangrove wetlands restoration through plantings and mosquito ditch blocks with fill Corps review: PI, NEPA, ESA, EFH, NHPA, and WQC/CZM

17 Case Studies Multi-slip Marina Section 10, LOP LOP Coordination Letter required PI, ESA, EFH, NHPA, WQC/CZM Exceeds dock density threshold? Recommended for Denial

18 Case Studies Channel Dredging Section 10, IP PN Required PI, NEPA, EFH, ESA, NHPA, WQC/CZM Unavoidable impact of 0.01 acre seagrass, requires type for type mitigation

19 Expedite Permit Review: Prepare Complete Applications Most common insufficiencies which extend permit review timeframes: No latitude and longitude Oversized drawings (11x17) Color drawings which are not reproducible Adjacent property owners list not included Endangered species surveys, cultural resources Impacted vegetation description Inadequate information for commenting agencies Lack of avoidance and minimization statements

20 Recommendations All drawings on 8½ X 11 paper, use match lines if needed Clear plan view and cross section Use a different cross hatch for dredge and fill List of adjacent property owners, only those abutting impact areas and interested parties

21 Recommendations Pre- and post-development site table with impacts Avoidance and minimization narrative (project purpose, alternative alignment analysis, minimization strategies, Quality Enhancement Strategies) Mitigation plan consistent with 2008 Mitigation Rule - include UMAM analysis or other functional assessment Multiple copies of submittal for large scale projects

22 Regulatory Program Sourcebook: THANK YOU!