SR 06:242 - Laserfiche WebLink

Any discharge of dredged or fill material into waters of the United States must be approved by the United States Army Corps of Engineers pursuant to Section 404 of the Clean Water Act. Two permit types are possible: I) Individual Permits; or 2) Nationwide Permits, which cover specific categories of activities, Nationwide Permits are generally less time-consuming than the Individual Permit. Nationwide Permits may be grouped together or "stacked with certain limitations." A detailed discussion is provided for both permit types. United States Armv Corps of Engineers Individual Permits Generally, for residential, commercial and institutional development projects, the following conditions require a standard Individual Permit from the United States Army Corps of Engineers: . Discharges resulting in the fill of any tidal waters or wetlands . Impacts to more than one-half acre of non-tidal waters or wetlands . Impacts to greater than 300 linear feet of non-tidal waters or wetlands, includes creeks (either perennial intermittent or ephmeheral), an-oyos or vegetated and un vegetated tributaries Individual Permits require the submission of a comprehensive project application and compliance with the United States Army Corps of Engineers' formal review process because it is a discretionary permit. Individual Permit applications require analyses of direct, indirect, and cumulative impacts; special-status species surveys; an analysis of both on-site and off-site project alternatives; an economic analysis of each on-site alternative and efforts showing avoidance and minimization of impacts to wetlands and biological resources; a United States Army Corps of Engineers verified wetland delineation; and other project-specific materials. Mitigation for unavoidable impacts cannot be considered by the United States Army Corps of Engineers during their evaluation of the application, However, applicants generally include the proposed mitigation in the application, as the other permitting agencies will consider mitigation during their evaluation of the application. The formal apphcation review provides opportunities for public notice and comment, requires the preparation of an alternatives analysis pursuant to the Environmental Protection Agency Section 404 (b)(1) and requires compliance with the NEPA environmental review process. The granting of an Individual Permit is a discretionary action and the processing time largely depends on the level of impacts. The average time necessary for the United States Army Corps of Engineers to process an Individual Permit is six to nine months, although controversial projects can take up to two years or more. Lastly, the United States Army Corps of Engineers has the ability to waive the 300 linear feet of stream requirement that triggers an Individual Permit if the conditions warrant this waiver. In the case of a waiver, an applicant with a projcct affecting more than 300 linear feet of stream bank can rp{llIP<;,;:t thp I fnitprl "t~tp~ Arm" {""nrrH' .-..fC....r;.....n."".." t", ~11~.., tl..~.. ~ lI.l.." . In', Tl waiver does not negate the requirement for a permit, but allows the applicant to use the Nationwide Pcrmit system already in place. Sycamore Associates LLC -- Regulatory Pemlitting Implications 05/06/04 6