U.S. Army Corps of Engineers Regulatory Program

Transcription

1 U.S. Army Corps of Engineers Regulatory Program Tina Stonemetz, Biologist (M&E) Brian Swartz, Biologist (AE) Shawn Blohm, Biologist (AE) Buffalo District Ohio Section 1

2 What Requires a Permit? Regulated Activities: Activities which involve a discharge of dredged or fill material into a water of the United States (Sec. 404, Clean Water Act). Any structure or work that takes place in, under, or over a navigable water, or wetlands adjacent to navigable waters (Sec. 10, Rivers and Harbors Act). 2

3 What Requires a Permit? Bank Stabilization Mechanized Land Clearing Re-grading/Landscaping Excavation - Ponds Examples of Projects Residential, Commercial, Institutional and Industrial Power plants (scrubber upgrades, loading & unloading) Landfills Transportation Pipelines (including Interstate lines) Stormwater management facilities Environmental restoration 3

4 Permit Applications What information are we looking for? Completed ENG Form 4345 Delineation of Aquatic Resources Photographs of Aquatic Resource Site Location Map Drawing of proposed project Compensatory Mitigation Proposal Endangered Species Historic Properties 4

5 Pre-Construction Notification - Continued Contents of Pre-Construction Notification Name, address and telephone numbers of the prospective permittee Location of the proposed project Delineation of wetlands, other aquatic resources (i.e.lakes and ponds, and streams) Drawings showing fill of wetland and/or other aquatic resources Mitigation Endangered Species Act Historic property 5

6 Forms/Ohio.aspx Completed ENG Form 4345 Ohio Application Instructions Checklist (Please See Handout) 6

7 Standard Individual Permit Formal application Alternative Analysis (LEDPA) Delineation Mitigation Public Notice with opportunity for Public Hearing 404(b)(1) Guideline Analysis EA/EIS and Decision Document (NEPA) Public Interest Review Permit Decision 7

8 General Permits Nationwide Permits Type of General Permit which authorizes activities on a nationwide basis unless specifically limited. (33CFR Definitions) NWP s are revised and renewed every 5-years NWP s and general conditions became effective on March 19, 2012 Verification of use of NWP s are valid till the expiration of the NWP District Engineer can elevate to a Standard Permit if the proposed project s impacts do not seem minimal 8

9 Nationwide Permits (NWPs) Specific conditions ex. NWP 13 - Limits of bank stabilization General conditions Regional Conditions Special Conditions 401 certification Individual 401 may be required 9

10 NWP Conditions Impact Limitations Still requires applicant to avoid and minimize impacts to Waters of the US Pre-Construction Notification Written Notification to the USACE for many of the NWPs The standard individual permit application form (Form ENG 4345) may be used 10

11 Some of the More Common Nationwide Permits (NWP) Nationwide Permits (NWP) Maintenance (NWP 3) Bank Stabilization (NWP 13) Residential Developments (NWP 29) Repair of Uplands Damaged by Discrete Events (45) 11

12 Pre-Application Meetings to discuss your project are encouraged Gives applicant an opportunity to discuss project while in the developmental stage. Helps to evaluate if your project is the LEDPA Timeliness of obtaining a permit 12

13 QUESTIONS 13

14 Buffalo District Field Office Locations: Oak Harbor (Ottawa County), Orwell (Ashtabula County), Stow (Summit County) 14

15 Websites USACE Regulatory Headquarters rogramandpermits.aspx Buffalo District Huntington District Pittsburg District 15

16 Thank You 16