Overview of Corps Regulatory Program

Transcription

1 Overview of Corps Regulatory Program Lee Anne Devine Chief, Regulatory Branch Louisville District US Army Corps of Engineers

2 Regulatory Program Corps Authority (Laws) Waters Applying for a Permit Types of Permit/Authorizations Enforcement Questions 2

3 Regulatory Program Goals Protect the Nation s aquatic resources while allowing reasonable development Ensure fair, flexible, balanced and decisions

4 Louisville District 4

5 Regulatory Authority Two Sections of Law Section 10 of the Rivers and Harbors Act of 1899 Section 404 of the Clean Water Act

6 Section 10 of the Rivers and Harbors Act of 1899 Regulation of the placement of any structure or work that takes place in, under, or over a navigable water. * Navigable Capacity*

7 Navigable Waters Subject to the ebb and flow of the tide Presently used, or have been used in the past, or may be susceptible to use to transport interstate or foreign commerce (Ohio, Salt, Licking, Green, Cumberland, Big Sandy & Kentucky Rivers).

8 Section 404 of the Clean Water Act Regulation of the discharge of dredged or fill material into waters of the U.S., including wetlands.

9 Section 404 Clean Water Act: Fill Material Rock, sand, soil, concrete, riprap, gabions, fords, dams, berms, culverts, sewer and utility lines, rock veins, weirs

10 Waters of the United States Traditional navigable waters Interstate waters including interstate wetlands Other waters including intrastate, non-navigable waters with interstate/foreign commerce connections Impoundments of waters otherwise defined as waters of the U.S. Tributaries of the above Territorial seas Adjacent wetlands 10

11 Types of Streams Perennial Stream Water flowing year round in a typical year; Water table is located above the stream bed; Groundwater is the primary source Intermittent Stream Water flowing during certain times of the year; Groundwater provides water for stream flow Ephemeral Stream Water flowing only for short duration after precipitation events; Located above the water table year round; Groundwater is not a source of water

12 Perennial Stream

13 Intermittent Stream

14 Ephemeral Stream

15 Wetlands

16 Limits of Jurisdiction Non-tidal Streams determine Ordinary High Water Mark Wetlands determine jurisdiction and boundary using Corps of Engineers 1987 Wetland Delineation Manual and Regional supplements Hydric Soils Hydrology Wetland vegetation

17 Design Project 1. Determine Location of Waters on Site 2. Assess Potential Impacts to Waters Avoid Impacts if possible Minimize Impacts as much as possible Mitigate Impacts which cannot be avoided 3. Apply for Authorization as soon as design plans and impacts are known

18 Complete Application ENG Form 4345 Applicant/Agent Address Stream & Watershed Directions to ite Purpose Project Description Impacts (LF & Acre Fill, Inundation, loss)

19 Complete Application Site & Impact Maps/Figures

20 Types of Permits/Authorizations Three Types of Permitting Procedures Individual Permits - IPs Letters of Permission LOPs General Permits Regional General Permits (RGPs) Nationwide Permits (NWPs)

21 Individual Permits (IPs) Full Public Interest Review 30 day Public Notice Comment Period Agency Coordination Alternatives Analysis - Section 404(b)(1) Guidelines Least Environmentally Damaging Practical Alternative (LEDPA) Special Aquatic Sites presumption that there is upland alternative Environmental Assessment 120 days for non-controversial Applications

22 Letter of Permission (LOP) Abbreviated processing procedure Non-Controversial Applications Agency Coordination days 3 Kinds of LOPs in KY Section 10 Activities Transportation LOP Mitigation LOP

23 General Permits (GP) General Permits - Expire 5 Years Regional Permit Permit issued by a District for a specific activity in a particular region or area that would result in a minimal impact to the aquatic environment (e.g. RGP in Indiana; Boat Docks all Navigable waters) Nationwide Permits - 50 Permit issued for certain specified activities nationwide that would have minimal impact on the aquatic environment Expire 3/18/17 NWP 3, NWP 12, NWP 18

24 NWPs NWP 3 Maintenance Repair, Rehabilitation or Replacement NWP 12 Utility Line Activities NWP 18 Minor Discharges 24

25 Other Federal Laws Section 7: Endangered Species Act Coordination with USFWS Bats, Buffalo Clover, Mussels Section 106: National Historic Preservation Act Coordination with Kentucky Heritage Council/State Historic Preservation Officer (KYSHPO) Archaeological Sites, Historic Properties (50 yrs +)

26 Enforcement What happens when work is performed prior to receiving an authorization? Cease and Desist (C & D) Voluntary Restoration Remove structures or vessels Remove dredged/fill material ATF permit w/tolling agreement Flagrant and/or Repeat violator USEPA (possible penalties)

27 Questions?? Contact Information: Lee Anne Devine U.S. Army Corps of Engineers P.O. Box 59 Louisville KY (502) Lee. Regulatory/Permitting 27