New Draft Section 408 Policy Document EC

Similar documents
US Army Corps of Engineers. Section 408 Overview. Regulatory Workshop July 22, Kim Leonard/Kevin Lee BUILDING STRONG

Engineer Circular Requests to Alter USACE Projects

DEPARTMENT OF THE ARMY EC US Army Corps of Engineers CECW-ZB Washington, DC Circular No September 2018

Navigation Approach to 408 Guidance

CITY OF LAREDO Environmental Services Department

PUBLIC NOTICE REQUEST FOR PERMISSION TO ALTER A U.S. ARMY CORPS OF ENGINEERS PROJECT PURSUANT TO 33 U.S.C. SECTION 408

DEPARTMENT OF THE ARMY ER U.S. Army Corps of Engineers CECW-P Washington, DC Regulation No February 2016

CHACON CREEK LAREDO, TEXAS Project Review Plan Independent Technical Review

Regulatory Guidance Letter 92-01

1. Introduction..3 a. Purpose of This Procedural Review Plan...3 b. Description and Information...3 c. References...3

DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS SOUTH ATLANTIC DIVISION 60 FORSYTH STREET SW, ROOM 10M15 ATLANTA, GA

Update on USACE Civil Works Program Authorities, Policies, and Guidance

Planning Modernization & WRRDA Implementation

Civil Works Process Overview

DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT 1325 J STREET SACRAMENTO CA PUBLIC NOTICE

Sabine Pass to Galveston Bay, Texas

DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS SOUTH ATLANTIC DIVISION 60 FORSYTH STREET SW, ROOM 10M15 ATLANTA, GA

Project Management Plan (PMP) Park Ranger Community of Practice

DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Washington, DC

Project Request and Approval Process

REVIEW OF DECISION DOCUMENTS

2017 Nationwide Permit Reissuance

Regulation 20 November 2007 ER APPENDIX H POLICY COMPLIANCE REVIEW AND APPROVAL OF DECISION DOCUMENTS TABLE OF CONTENTS

Planning for the Beneficial Use of Dredged Material: A Success Story in Mississippi and an Opportunity in Texas

Request for Qualifications Gulf Environmental Benefit Fund Support Services

Funding for these services is provided by the requesting entity. Reimbursable support is arranged through the execution of a written agreement.

USACE 2012: The Objective Organization Draft Report

GAO ARMY CORPS OF ENGINEERS. Peer Review Process for Civil Works Project Studies Can Be Improved

SUBJECT: South Atlantic Division Regional Programmatic Review Plan for the Continuing Authorities Program

Central City Line Kick-off and Tour

TRCA Administrative Fee Schedule for ENVIRONMENTAL ASSESSMENT and INFRASTRUCTURE PERMITTING SERVICES February 1, 2018

Water Resources Reform and Development Act (WRRDA) of Section Vertical Integration and Acceleration of Studies. Interim Report to Congress

Corps Regulatory Program Update

What is a Cooperative Agreement?

Levees in the USA and the Vital Role of Local Sponsors

Transmittal # Scheduled Review Date: 2/15/19 Attachments: Replaces Policy Dated: 9/1/11 A - Grant Opportunity Approval Form APPROVED:

Abandoned Mine Drainage Abatement and Treatment

Department of the Army U.S. Army Corps of Engineers Washington, DC

Approved by WQGIT July 14, 2014

REQUEST FOR PERMISSION TO MODIFY A U.S. ARMY CORPS OF ENGINEERS PROJECT UNDER SECTION 408

Joint Application Form for Activities Affecting Water Resources in Minnesota

DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS 441 G STREET, NW WASHINGTON, DC

REQUEST FOR QUALIFICATIONS (RFQ)

MEMORANDUM. Kari Holzgang, Program Analyst State Water Board Division of Financial Assistance

GRANT GUIDANCE CALENDAR YEAR Retail Program Standards Grant Program.

Northeast Power Coordinating Council, Inc. Regional Standards Process Manual (RSPM)

Texas AgriLife Research Texas Water Resources Institute Colorado River Alluvium Segment 1428 Case Study FY 11 CWA 319(h) TCEQ Project No.

City of Fernley GRANTS MANAGEMENT POLICIES AND PROCEDURES

Cooperative Agreements. US Army Corps of Engineers BUILDING STRONG

REVIEW PLAN. San Clemente Storm Damage and Shoreline Protection Feasibility Study

Department of Defense DIRECTIVE. SUBJECT: Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L))

Texas AgriLife Research Texas Water Resources Institute Colorado River Alluvium Segment 1428 Case Study FY 11 CWA 319(h) TCEQ Project No.

SERVICE LEVEL AGREEMENT: University of Arkansas for Medical Sciences OFFICE OF SPONSORED PROGRAMS ADMINISTRATIVE NETWORK (OSPAN)

Digitally signed by BIGELOW.BENJAMIN.JAMES ou=pki, ou=usa, cn=bigelow.benjamin.james Date:

DEP has three main regulatory chapters that relate to pipeline construction.

DEPARTMENT OF THE ARMY EC U.S. Army Corps of Engineers CECW Washington, D.C Circular No December 2012

US Army Corps of Engineers Periodic Inspection Report 9 Update. Dallas City Council June 3, 2009

- Proposal for a Regulation on HTA- Ioana Siska, MD, PhD DG SANTE - Health Systems and Products Medical Products: safety, quality, innovation

Local Health Integration Network Authorities under the Local Health System Integration Act, 2006

CURRENT AND FUTURE STUDIES

NATIONAL ASSOCIATION FOR STATE CONTROLLED SUBSTANCES AUTHORITIES (NASCSA) MODEL PRESCRIPTION MONITORING PROGRAM (PMP) ACT (2016) COMMENT

- Proposal for a Regulation on HTA- DG SANTE - Health Systems and Products Medical Products: safety, quality, innovation

Addendum No. 1 WEBB CREEK BRIDGE REPLACEMENT PROJECT (DESIGN)

Anchorage Grounds; Galveston Harbor, Bolivar Roads Channel, Galveston, Texas

Defines adult foster care and license categories Defines licensee

21 PUBLICATIONS POLICY RESPONSIBILITIES Timelines... 3 The SDMC will release specific timelines for each major conference...

ACTION: Temporary final rule; request for comments. SUMMARY: The Coast Guard is establishing a temporary safety zone on navigable

Delayed Federal Grant Closeout: Issues and Impact

ASTSWMO POSTION PAPER ON PERFORMANCE-BASED CONTRACTING AT FEDERAL FACILITIES

Northeast Power Coordinating Council, Inc. Regional Standard Processes Manual (RSPM)

Roles & Responsibilities UR Office of Research and Project Administration

REVIEW PLAN. Savannah Harbor DMCA 12A Dike Raising

Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA Issued: Friday, January 27, 2017

ROLES AND RESPONSIBILITIES* FOR EXTERNAL AWARDS MADE TO DAVIDSON COLLEGE

U.S. Army Corps of Engineers Navigation Program Update

HUD Q&A. This is a compilation of Q&A provided by HUD regarding relevant issues affecting TCAP and the Tax Credit Exchange Program.

Distribution Restriction Statement Approved for public release; distribution is unlimited.

vessel prepares for and actively off-loads two new Post-Panamax gantry cranes to the

Department of Defense INSTRUCTION

GUIDELINES FOR PREVENTION AND EARLY INTERVENTION (PEI) STATEWIDE PROGRAMS 1

Army. Environmental. Cleanup. Strategy

L e t t e r o f I n t e r e s t : S t r u c t u r e s D e s i g n ( B r i d g e ) - S t a t e w i d e

Department of Defense DIRECTIVE

Proposed Connector between Airline Highway (US 61) and Interstate 10 in St. John the Baptist Parish

Appendix 5A. Organization Registration and Certification Manual. WORKING DRAFT-August 26, 2014

Vista Ridge Project Technical Advisor

21 PUBLICATIONS POLICY RESPONSIBILITIES DEFINITIONS Tier 1 Priorities Tier 2 Priorities

GAO. DOD Needs Complete. Civilian Strategic. Assessments to Improve Future. Workforce Plans GAO HUMAN CAPITAL

Department of Defense DIRECTIVE

ADMINISTRATIVE INSTRUCTION

Major Science Initiatives Fund competition Call for Proposals

Practice Review Guide

United States Army Corps of Engineers Pittsburgh District Regulatory Program. Westmoreland County 2014 Engineers Workshop. March 20 th & 21 st, 2014

DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Washington, DC Engineering and Design CORPS-WIDE CENTERS OF EXPERTISE PROGRAM

STATEMENT OF The American Association of State Highway and Transportation Officials

SUMMARY Transition to USOAP Continuous Monitoring Approach (CMA) ICAO Secure websites:

Standard Operating Procedure (SOP) 1 for Chapter 105 Dam Safety Program Review of Chapter 105 New Dam Permit November 2, 2012

Department of Defense DIRECTIVE

Music Education Hubs External Investment Process Guidance

Habitat Restoration Grants

Transcription:

New Draft Section 408 Policy Document EC 11650-2-220 Presentation to the Lower American River Task Force Ryan Larson, P.E. March 13, 2018 US Army Corps of Engineers

Outline 1. USACE Program Governance 2. Applicability of Section 408 3. Options for Seeking Section 408 Permission 4. Basic Requirements 5. USACE Review Requirements 6. Review and Notification Timelines 7. Decision Authority 2

USACE Program Governance and Funding Section 408 Coordinator at all levels (new) Annual audit to review decisions, consistency, and policy compliance (new) Section 408 tracking database with a subset of publically available fields related to status Funding agreements (new), Section 1156(a)(2) of WRDA 2016 Amends Section 408 to provide a contributed funds authority Applies to any non-federal public or private entity (revised) Section 214, WRDA 2000 as amended Limited to non-federal public entities, public utility companies, natural gas companies, and railroad carriers Requires public notice and annual Congressional reporting 3

Applicability of Section 408 In general, Section 408 applies to, Authorized USACE Civil Works projects and Actions that build upon, alter, improve, move, occupy, or otherwise could affect the USACE project (permanent or temporary) Geographical Limitations of the Applicability of EC USACE project real estate interest; 4

Applicability of Section 408 (new) Emergency alterations follow EC (check other exceptions), reprioritize, use existing emergency environmental processes (revised) Project sponsor activities do not require Section 408 permission if activity is In O&M manual; Restores to same physical dimensions/design 5

Options for Seeking 408 1. (revised with new appendix) Categorical Permission streamline process for categories of alterations that are similar in nature 2. Single-Phased Review all required information submitted at one time 3. (new) Multi-phased Review formalized process to pursue Section 408 permission in milestones or smaller phases interim reviews and assurances at predetermined milestones 6

Scenarios for Multi-Phased Review Large-scale plan consisting of multiple smaller construction phases. Milestones may be for review of the whole conceptual plan and then for each separable construction phase. Complex or advanced engineering and design needed for review and decision Milestones are for the same construction phase, but each milestone involves progressively advancing design 7

Basic Requirements (revised) Statement of No Objection (if requester not the project sponsor) Replaces written endorsement requirement Intent to ensure sponsor is aware of the Section 408 request and does not object to the request being submitted Not required if requester has eminent domain authority Technical Analysis and Design Meet USACE standards- impacts to channel and function of levees/project Specific quality and technical reviews may be required 8

Elements of USACE Review (revised) Public Input In general all Section 408 requests will require a public notice Coordinate content and timing of public notice for multiple purposes (Regulatory, EO11988, environmental compliance) (new) Standard terms and conditions (Appendix K) 9

(new) Timelines Emphasize intent of timely review and responsiveness to requesters Completeness Determination within 30 days, applies anytime USACE receives information related to a Section 408 request use the Basic Requirements to determine completeness Review and Decision Phase within 90 days from completeness determination Provide written notification if 90 days can t be met If schedule is beyond 120 days, Congressional reporting required Dates will be tracked in the Section 408 database ( 10

(revised) Decision Level All Section 408 decisions are delegated to Divisions and Districts Division Commander the decision-maker for the following, If Safety Assurance Review is required (life safety) If crediting is being sought If potential to affect a current USACE study Majority of Section 408 requests decided at the district (District Commanders can delegate decisions to a district division chief) 11

External Comment Submittal Comment period has been extended to April 6, 2018. Comments can be submitted through the Federal Register notice, https://www.federalregister.gov Comment Portal: http://www.regulations.gov Email: HQ-Section408@usace.army.mil, subject EC 1165-2-220 Comments 12

Process Steps Pre-Application Coordination Submit Request Review Documentation USACE Technical Review Summary of Findings Division Review, if required Issue Letter of Permission Post-Permission Oversight 15

408 Review Process Step 1: Pre-Application Coordination Pre-application meeting to help identify USACE procedures and potential issues Lead Federal Agency designation letter! Step 2: Submit Request Non-Federal sponsor reviews the request for completeness (state compliance typically) Non-Federal sponsor submits request to USACE Step 3: Required Documentation Technical Analysis (i.e. Basis of Design) Hydrologic and Hydraulics System Performance Analysis Geotechnical Analysis Environmental Compliance (NEPA) Real Estate Requirements Requester s Review Plan (district determination) 16

408 Review Process Step 4: USACE Technical Review Impair of the Usefulness of the Project Determination Injurious to the Public Interest Determination Legal and Policy Compliance Determination Step 5: Summary of Findings SPK makes their recommendation Step 6: Division Review (if required) 17

408 Review Process Step 8: Issue Letter of Permission USACE issues 408 Decision in a letter of permission USACE issues LOP to non-federal sponsor Sponsor then in turn issues to requester Step 9: Post-Permission Oversight (as appropriate) Construction Oversight As-Builts O&M Manual Update Post Construction Closeout Administrative Record 18

USACE Regulatory Division Coordination (Section 404/10 permits jurisdictional waters of the US) 408 group coordinates closely with Regulatory Division. Determine consultation(s) lead. No duplication of consultation efforts Sharing documentation Section 10/404 decisions are separate decisions thus require separate decision documentation Section 408 decision must be made before the Section 10/404 decision is issued. 19

Other Federal Agencies Important to identify early (pre-application) if: Another federal agency is the requester or providing funding Project is on federal land Steps 1. Corps sends a lead federal agency designation letter 2. Important for letter to be sent before Section 7 and 106 consultations 3. Other federal agency consults on behalf of the Corps 4. Corps uses consultations completed by the other federal agency 20