USACE: An Overview of Alternate Permitting Procedures Ingrid Gilbert Chief, Miami Permits Section Miami Field Office Jacksonville District March 16, 2018 Trusted Partners Delivering Value, Today and Tomorrow CHARLESTON JACKSONVILLE MOBILE SAVANNAH WILMINGTON US Army Corps of Engineers
Regulatory Authorities 2
Regulatory Jurisdiction in Tidal Waters
Regulatory Jurisdiction in Fresh Waters
Individual Permits Types of Permits Standard Permits (SP) Evaluation and authorization project-specific Involved process (public notice, agency review) Letters of Permission (LOP) Less controversial than SPs Minor impacts, coordinate with agencies/neighbors (no public notice) 5
Types of Permits General Permits Evaluation and authorization not project-specific Similar activities resulting in minimal impacts to water quality and the environment, individually and cumulatively Developed with Project Design Criteria (PDC) and terms and conditions Must be reissued every five years Types of General Permits Nationwide permits (NWP) issued by Corps HQ Regional permits (RGP) issued by districts and divisions Programmatic permits (PGP) reduce duplication 6
Corps Permit Process Verify PGP Verify GP/NWP Application Submittal to USACE Begin Processing Public Notice (or LOC) Application Approved Corps Individuals Special Interests Other Agencies Federally Recognized Tribes Adjacent Property Owners Same process for new/renewal of GP Application Denied 404(b)(1) Guidelines Public Interest Review Compliance with NEPA, ESA, NHPA, EFH, CZM, WQC ESA w/ NMFS for GP s provides Project Design Criteria (PDCs)
Alternative/Emergency Permitting Emergency Permitting Overview Regulations outlining alternative permitting procedures are found at 33CFR325.2(e) Alternative permitting authorized by the Division Commander. Typically authorized for 6 months. Extension may be requested. Typically associated with State or Government Declaration. Districts must notify Agencies and provide Guidance to the field. Resource Agencies are asked to respond within 24-48 hrs. Consultation with the resource Agencies: may occur after-the-fact (ATF). Allows for abbreviated procedures and flexibility. Often addressed through programmatic BOs, BMPs or other conditions.
Alternative/Emergency Permitting What constitutes an emergency? Our regulations define an emergency as a situation, which would result in an unacceptable hazard to life, a significant loss of property or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures.
Alternative/Emergency Permitting Examples of Emergency Requests Roadway/transportation repair, replacement. Shoreline stabilization to address erosion. Dredging shoaled areas. Repair, rehabilitation of in-water structures. Debris removal. Derelict vessel removal. Oil/hazardous material cleanup.
Alternative/Emergency Permitting Emergency Permitting Process Outline Initial request Emergency? Contact Local Office If No, Normal Procedures No Consultation? Verify Permit with BMPs! Issue SP Agency Consultation Needed? 24-48 hrs After the Fact Decision Document If Yes, Data logged and forwarded to Field Office General Permit (NWP, GP)? Standard Permit? Use existing Programmatic BOs, Construction Conditions and Agency BMPs. Use email for efficiency. Manage and Report Data from ORM2.
Alternative/Emergency Permitting Examples of Type of Permits Used General Condition #2 maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. NWP 3 Maintenance NWP 12 Utility Lines NWP 13 Shoreline Stabilization NWP 18 Minor Dredge NWP 20 Oil Spill Cleanup NWP 22 Vessel Removal NWP 38 - Cleanup of Hazardous and Toxic Waste RGP SAJ-17 Minor Structures in FL RGP SAJ-20 Private Single Family Piers RGP SAJ-33 Private Multi-Family or Government Piers RGP SAJ-81 - Maintenance Dredging in Navigable Waters in Puerto Rico LPs and SPs
Alternative/Emergency Permitting Districts may only execute alternative permitting procedures within their area of responsibility.
Alternative/Emergency Permitting FWS Programmatic Tools for Consultation The FWS in coordination with the Corps/District has approved use of the following opinions or consultation tools for the protection of species and DCH (if applicable) under their purview: Species DCH or other designation Opinion/Tool Conditions or BMPs Required Reporting Required Year Effective Piping plover P3BO Applicant May 22, 2013 Choctawhatchee SPBO Applicant March 13, 2015 beach mouse St. Andrews beach SPBO Applicant March 13, 2015 mouse Perdido Key beach SPBO Applicant March 13, 2015 mouse Anastasia Beach SPBO Applicant March 13, 2015 mouse Loggerhead sea SPBO Applicant March 13, 2015 turtle Green sea turtle SPBO Applicant March 13, 2015 Kemps Ridley sea turtle Leatherback sea turtle Eastern indigo snake (south FL) Eastern indigo snake (north FL) American wood stork (central and north FL) American wood stork (peninsular FL) Core foraging areas Core foraging areas SPBO Applicant March 13, 2015 SPBO Applicant March 13, 2015 Effect Determination Key Effect Determination Key Effect Determination Key Effect Determination Key August 1, 2017 August 12, 2013 Corps September 2008 Corps May 18, 2010 Florida panther Focus area Effect Determination Key West Indian manatee Manatee protection areas Effect Determination Key Corps February 19, 2007 April 2013
Alternative/Emergency Permitting Jacksonville Biological Opinion (JaxBO): JaxBO replaces all existing BOs for ten activities. Scope expanded to include the Antilles. Includes activities for all type of permits, including IPs. Addresses newly listed species and DCH (i.e., Nassau grouper, Atlantic sturgeon DCH). Requires activity meet PDCs. Will not expire.
Alternative/Emergency Permitting Additional NMFS Consultation Tools Sea Turtle and Smalltooth Sawfish Construction Conditions, March 2006. Expedited track (formerly Pilot) for projects with minimal environmental effects and low litigation risk. Currently, in SAJ, since April 2016, a total of 77 projects have received letters of concurrence in an average of 62 days. Waiver program (proposed effort to conclude consultation on projects with similarity to ones having undergone consultation, where scope is similar). GRBO, SARBO and DCH Analysis for loggerhead DCH for coastal dredge projects.
SPGP-V 1. Shoreline Stabilization 2. Boat Ramps 3. Pile-Supported Structures 4. Maintenance Dredging 5. Derelict vessel removal 6. Scientific devices 7. Utility lines and Subaqueous utility crossings 8. Geotechnical investigations
SPGP-V Shoreline Stabilization No change to linear feet of new seawalls (150 ) Replacement seawalls allowed within 18 (vs 12 ) Expanded to include living shorelines Boat Ramps No change Pile-Supported Structures No change to sf; allows up to 2000 sf Expanded to include boat lifts in Monroe County Maintenance dredging of residential canals No change; previous project depth or -5 MLW PDC prohibit adverse impacts to wetlands, seagrass, corals, and CERTAIN EFH.
Alternative/Emergency Permitting Emergency Permitting Events in Jacksonville District Year Emergency Event Nationwide Permit General Permit Letter of Permission Standard Permit Total 2010 (May-Dec) Deepwater Horizon Oil Spill 3 1 5 13 22 2010 (Aug-Sep) Puerto Rico Flooding 8 0 0 1 9 2010 (Nov) Tropica Storms Earl and Fiona 1 0 0 0 1 2011 (Sep-Jan) Hurricane Irene 7 0 0 0 7 2012 (Aug-Sep) Tropical Storm Isaac 1 0 0 0 1 2014 (Apr-Dec) April Storms 59 0 0 0 59 2016 (Oct-Apr) Hurricane Matthew 12 0 1 0 13 2017 (Sep-Mar) 335 14 2 to date Hurricane Irma 3 0 0 0 3 2017 (Sep-Mar) to date Hurricane Maria 0 0 0 0 0 Total > 94 1 6 14 115
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