Department of Army Permitting Process: Dredging

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1 Department of Army Permitting Process: Dredging Brian Bader Regulatory Project Manager Regulatory Division USACE Galveston District Dredging Your Docks Seminar Beaumont, Texas December 2, 2015 US Army Corps of Engineers

2 U.S. Army Corps of Engineers, Galveston District 50,000+ square miles 700 miles of coastline 48 counties, portions of 4 Louisiana parishes 16 Congressional Districts 26 Regulatory Project Managers 5 Branch Leaders 11 Support Staff Members Custodians of the Coast

3 Regulatory Goals and Purpose Goals Protect the Nation s overall aquatic environment Make fair and reasonable decisions for the regulated public Continually enhance the efficiency of the program Purpose Protect Navigation Restore and maintain the physical, chemical and biological integrity of the Nation's waters

4 Jurisdiction Regulations and Definitions Section 10 Rivers and Harbors Act of 1899 all navigable waters of the U.S. subject to ebb and flow of tide shoreward to the mean high water mark presently used, or have been used in the past, or may be susceptible to use to transport interstate or international commerce extends seaward to include all ocean waters within a zone three nautical miles from the coast line (the "territorial seas") Section 404 Clean Water Act of 1972 Waters of the United States, including the territorial seas" plus Waters of the United States in 33 CFR 328.3(a) /FederalRegulation.aspx

5 Section 10 Rivers and Harbors Act of 1899 (33 U.S.C. 401) Structures and/or work in, or affecting, navigable waters of the United States. Structures and/or work outside the limits of navigable waters, IF these structures or work could affect the course, location, or condition of the waterbody so as to impact its navigable capacity. Artificial islands, installations, or other devices on the outer continental shelf..

6 Section 404 Clean Water Act (33 U.S.C 1344) Discharge of dredged or fill material. Activities Regulated as a Discharge: Addition of dredged material to a specified discharge site located in waters Runoff or overflow from a contained land or water disposal area Any addition, including more than incidental redeposit of dredged material, mechanized land clearing, ditching, channelization, or other excavation

7 Section 103 Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act - 33 U.S.C. 1413) Transportation of dredged material by vessel or vehicle for purpose of dumping in ocean waters at sites designated by EPA under 40 CFR 228. Dredged material, for purposes of Section 103, means any material excavated or dredged from navigable waters of the United States.

8 General Permits (GP) For activities having minor impacts Nationwide General Permits (NWP) Subject to Section 10 and Section 404 for specific activities) These permits are developed by USACE Headquarters Already issued to the nation and have been pre-coordinated with other agencies for water quality impacts, endangered species concerns, etc. Some permits require notification to the Corps = Pre-Construction Notification (PCN) Also has Regional Conditions for the Galveston District Regional General Permits (RGP) Subject to Section 10 (for specific activities) These permits are developed by the USACE districts Types of Permits Standard Permits (SP) For activities having more than minor impacts Letters of Permission (LOP) Subject to Section 10 (sometimes 404) These permits require a 15 Day Interagency Coordination May not require individual Section 401 CWA Certification Individual Permits (SP) Subject to Section 10 and Section 404 The permits include a 15/30 Day Public Notice Requires all other elements of permit evaluation

9 Nationwide Permits (NWPs) for Docks and Dredging NWP 3 Maintenance (does not including dredging) NWP 13 Bank Stabilization NWP 19 Minor Dredging NWP 35 Maintenance Dredging of Existing Basins NWP 16 Water Quality Certification for return water from upland disposal BE SURE TO CHECK: Pre-Construction Notification (PCN) requirement General Conditions (All NWPS) Regional Conditions (by state or geographic region)

10 Applying for a DA Permit Engineer Form 4345, with original signatures Signed Agent Authorization Complete description of the proposed activity including supporting documentation, and plans sufficient for Public Notice [Per 33 CFR 325.1(d)(1)] Call the Corps if you have questions!

11 BUILDING STRONG

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13 ENG 4345 Application Form

14 Items to Include with the application Site Vicinity Map Plan and cross sectional drawings reflecting: Named waterbody and/or all aquatic resources within the project boundaries Acreage/Linear feet of the aquatic resource Acreage/Linear feet of the impact to the aquatic resource High tide Line, Mean high water or ordinary high water mark All pertinent dimensions (length, width, height)

15 Items to Include with the application Plan and cross sectional drawings reflecting: Cubic yards of fill material (if applicable) Wetland Delineation (if applicable) Dimensions and cubic yards of material removed during dredging (if applicable)

16 Project Plans (Drawings) 8.5 by 11 paper, color is ok if legible. Include all jurisdictional work, adjacent structures, access roads, staging AND Dredge Material Placement Areas (DMPAs). Good vicinity map(s), including DMPAs. Scale or stated dimensions Complete Legend All Drawings must be consistent - Tables and written descriptions MUST MATCH drawings!

17 Why does the permit process take so long? Primary cause of delay for applications is: incomplete, inaccurate, or contradictory information. Written descriptions and/or tables provided must match what is reflected on the project plans (drawings)

18 Vicinity Maps: As if you ve never been there before Insufficient Good Compass or North Arrow Show location in relation to some known point. Lat/Lon or UTM coordinates are extremely helpful. Old plans and maps may need to be updated for permit amendments, if they are no longer legible.

19 TMI (Too Much Information)! Limit information to only what is necessary for permit evaluation purposes.

20 Example Plans: Dredge site

21 Example Plans: Confined Placement Area with Levees

22 Submitting the Application Attach all supporting information - maps, drawings, photos, etc. Sign and date the Application (Engineer Form 4345) Review for 3 C s: Correctness Consistency Completeness Keep copies of all submitted pages. Mail application with original signatures.

23 Specific Issues Related to Dredge Material Placement Confined Upland Placement Beneficial Use (BU) Options Material testing requirements If DMPA/BU site is located in Louisiana, coordination with LA State Agencies is required

24 Confined Placement Areas Craney Island (Portsmouth, VA) Lake Huron Sabine Neches Water Way 24

25 Beneficial Uses of Dredged Material Wetland Habitat Shoreline Protection Beach Renourishment Recreation Agriculture Island Habitat Construction Fill Construction Materials

26 Sediment Testing Requirements Requirements vary by site May be required by multiple agencies DMPA or BU Sponsor/Owner Navigation District State Water Quality Certifying agency (TCEQ, LADEQ) EPA (in certain cases) Oversight rests with the requiring agency. Early consultation can save your schedule and budget! 26

27 How We Can Help Pre-application meetings are available to get feedback in your project while in the planning stages. Regulatory project managers and staff are here to help. If you have a question, ASK!

28 Regulatory Topics Informational Videos Mitigation Regulatory 101 Cumulative Impacts Cultural Resources Public Interest Review Factors Regulatory Process Alternative Analysis Section 404(b)(1) guidelines Wetland Delineation USACE HQ Civil Works Regulatory Program and Permits Regulatory Program Links Click on Video Library Permits.aspx

29 Questions! Contact us: Mailing Address: U. S. Army Corps of Engineers Galveston District CESWG-RD-E P.O. Box 1229 Galveston, TX Telephone: Fax: (call ahead to schedule a meeting) District Office Location: U.S. Army Corps of Engineers Jadwin Building 2000 Fort Point Road Galveston, TX On the web at: