Applicant Guide 2014 nan usace army mil

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Table of Contents,SECTION I Regulatory Program Background 1. Regulatory Program Goals 1,Regulatory Program Jurisdiction Laws 1. FREQUENTLY ASKED QUESTIONS 4,NEW YORK DISTRICT OFFICE 6. UPSTATE NEW YORK FIELD OFFICE 6,Explanation of Some Commonly Used Terms 7. SECTION II Wetlands 10,1 Vegetation indicators 11,2 Soil indicators 12.
3 Hydrology indicators 12,Wetland determination 13. SECTION III THE PERMIT APPLICATION SUBMITTALS 14, Instructions for Permit Applications in New York State 14. Instructions for Permit Applications in New Jersey 14. ADDITIONAL GUIDANCE FOR SECTION 404 PERMIT APPLICANTS 15. JURISDICTIONAL DETERMINATIONS 15, Section 404 b 1 Guidelines of the Clean Water Act 16. REFERENCES 16,SECTION IV GENERAL INFORMATION 17,FORMS OF AUTHORIZATION 17. Individual permits 17,General permits 17,PROCESSING PROCEDURE FOR AN INDIVIDUAL PERMIT 18.
Section 404 b 1 Guidelines of the Clean Water Act 19. Section V Permit Applications Drawings 20,PERMIT APPLICATION DRAWINGS SET GENERAL 20. VICINITY MAP MUST BE FIRST DRAWING 20,PLAN VIEW 21. ELEVATION AND OR CROSS SECTION VIEW 22,DREDGING PROJECTS 23. SECTION VI ADDITIONAL RESOURCE INFORMATION 47,U S Army Corps of Engineers Districts 47. New York State Projects 47, New York State Department of Environmental Conservation NYSDEC 47.
New York State Historic Preservation Office 48, New York State Department of State Division of Coastal Resources 48. U S Fish and Wildlife Service 48,Environmental Protection Agency 49. NOAA Fisheries Service 49,New York City Watershed 49. New Jersey State Projects 49, New Jersey Department of Environmental Protection 49. NOAA Fisheries Service 49,U S Fish and Wildlife Service 49.
New Jersey State Historic Preservation Office 49,New Jersey Meadowlands Commission 50. Bridges and Waterway Management United States Coast Guard 50. SECTION I Regulatory Program Background,Regulatory Program Goals. 1 To provide strong protection of the Nation s aquatic environment including wetlands. 2 To enhance the efficiency of the Corps administration of its regulatory program. 3 To ensure that the Corps provides the regulated public with fair and reasonable decisions. The U S Army Corps of Engineers Corps has been involved in regulating certain activities in the nation s. waters since 1890 Until 1968 the primary thrust of the Corps regulatory program was the protection of. navigation As a result of several subsequent laws and judicial decisions the program has evolved to one. involving the consideration of the full public interest by balancing the favorable impacts against the. detrimental impacts This is known as the public interest review The program is one which reflects the. national concerns for both the protection and utilization of important resources The regulatory. authorities and responsibilities of the Corps are based on the following laws. Regulatory Program Jurisdiction Laws, Section 10 of the Rivers and Harbors Act approved March 3 1899 33 U S C 403 referred to as. Section 10 prohibits the unauthorized obstruction or alteration of any navigable water of the United. States The construction of any structure in or over any navigable water of the United States the. excavating from or depositing of material in such waters or the accomplishment of any other work. affecting the course location condition or capacity of such waters is unlawful unless the work has been. recommended by the Chief of Engineers and authorized by the Secretary of the Army 1. Section 404 of the Clean Water Act 33 U S C 1344 referred to as Section 404 authorizes the. Secretary of the Army acting through the Chief of Engineers to issue permits after notice and. opportunity for public hearing for the discharge of dredged or fill material into the waters of the United. States at specified disposal sites, Section 103 of the Marine Protection Research and Sanctuaries Act of 1972 as amended 33 U S C. 1413 referred to as Section 103 authorizes the Secretary of the Army acting through the Chief of. Engineers to issue permits after notice and opportunity for public hearing for the transportation of. dredged material for the purpose of disposal in the ocean where it is determined that the disposal will. not unreasonably degrade or endanger human health welfare or amenities or the marine. environment ecological systems or economic potentialities. Other laws may also affect the processing of applications for Corps permits such as. National Environmental Policy Act,Coastal Zone Management Act.
Magnuson Stevens Fishery Conservation and Management Act. Fish and Wildlife Coordination Act,Endangered Species Act. National Historic Preservation Act, Regulation of bridges over commercial navigable channels was transferred to the USDOT U S Coast Guard Bridge. Administration office under the Bridge Act of 1946. Figure 1 Corps of Engineers Regulatory Jurisdiction in Tidal Waters. Figure 2 Corps of Engineers Regulatory Jurisdiction in Non Tidal Waters. FREQUENTLY ASKED QUESTIONS,1 When should I apply for a permit. As early as possible in the project planning stages A minimum of three months is normally required to. process a routine application involving a public notice The Corps application review process usually. requires site visits federal state and local government inter agency coordination and data analysis. before a proper determination can be made Therefore we urge contacting the Corps of Engineers as a. first step in planning any project, For a large or complex activity that may take longer it is often helpful to have a pre application. consultation or informal meeting with the Corps during the early planning phase of your project You. may receive helpful information at this point which could prevent delays later When in doubt as to. whether a permit may be required or what you need to do call the local Corps office See contact. information on page 8,2 What activities require Corps permits.
Examples of regulated activities within waters of the United States include but are not limited to. building structures such as bulkheads piers catwalks boathouses and pilings excavation dredging. filling and depositing dredged or fill material in waters and wetlands such as marshes swamps bogs. forested wetlands some isolated wetlands and in lakes and waterways construction of overhead and. underwater transmission lines cables and pipes and construction of breakwaters jetties groins and. stone revetments, 3 Who is required to obtain a permit from the U S Army Corps of Engineers. Any individual company corporation or government body planning construction or fill activities in. waters of the United States including wetlands must obtain a permit from the Corps of Engineers In. general the Corps of Engineers has jurisdiction over all construction activities in tidal and or navigable. waters including adjacent wetlands shoreward to the mean high water line In other areas such as non. tidal waterways adjacent wetlands some isolated wetlands forested wetlands and lakes the Corps has. regulatory authority over the discharge of dredged or fill material. Delineation or identification of Federally regulated wetlands is not always obvious to the untrained. inexperienced individual Thus it is important that prior to initiating any construction in coastal areas. and or in proximity to any stream or suspected wetland area the Corps be contacted in order to. determine the nature and extent of Federal jurisdiction over the proposed activity. In addition state and local governments should be contacted to obtain any required authorizations The. Corps jurisdiction often exceeds that of state and local governments Persons planning any work in. waters of the United States including wetlands must obtain Corps of Engineers approval prior to. commencing work, Apply for all required permits as early as possible and obtain the necessary approvals before you. commence work, 4 If local or state permits have been issued is a Corps of Engineers permit still necessary. Yes The Corps jurisdiction is separate from that of local and state governments Again by contacting us. early the applicant can determine whether or not a Corps permit is required for the proposed work We. also recommend early contacts with appropriate local and state agencies to determine their permit. requirements, 5 What will happen if I do work without getting a permit from the Corps. Performing unauthorized work in waters of the United States or failure to comply with the terms of a. valid permit can have serious consequences You would be in violation of Federal law and could face stiff. penalties including fines and or requirements to remove the structures and restore the area. Enforcement is an important part of the Corps regulatory program Corps surveillance and monitoring. activities are often aided by various agencies groups and individuals who report suspected violations. When in doubt as to whether a planned activity needs a permit contact the nearest Corps regulatory. 6 Why should I waste my time and yours by applying for a permit when you probably will not let me. do the work anyway, Those applicants denied permits usually have refused to change the design timing or location of the.
proposed activity, To avoid unnecessary delays pre application consultations particularly for applications on major. activities are recommended The Corps endeavors to give you helpful information including factors. which will be considered during the public interest review and alternatives for your consideration that. may prove useful in designing your project, 7 How can I design my project to eliminate the need for a Corps Permit. If your activity is located in an area of tidal waters the best way to avoid the need for a permit is to. select a site that is above the high tide line and avoids wetlands or other water bodies In the vicinity of. fresh water stay above ordinary high water and avoid wetlands adjacent to a stream or lake Also it is. possible that your activity is exempt and does not need a Corps Permit. Another possibility for minor activities is that a Nationwide or a Regional General Permit may have. authorized them So before you build dredge or fill contact the Corps regulatory office in your area for. specific information about location exemptions and regional and nationwide general permits. 8 Where can I obtain forms and file my application. For any work planned within the New York District you may download forms from the following. website http www nan usace army mil Missions Regulatory aspx or request forms by writing or. calling us at the appropriate office for your area. NEW YORK DISTRICT OFFICE,U S Army Corps of Engineers New York District. Attn Regulatory Branch,26 Federal Plaza Room 1937,New York NY 10278 0090. 917 790 8511 for EASTERN PERMITS SECTION areas New York City the 5 Boroughs NY State. counties Nassau Suffolk Westchester and Rockland and NJ State counties Essex Middlesex Passaic. Somerset Union and portions of Hunterdon Mercer Monmouth and Sussex. 917 790 8411 for WESTERN PERMIT SECTION areas NY State counties Dutchess Orange Putnam. Sullivan and Ulster and NJ State counties Bergen and Hudson. Fax 212 264 4260,UPSTATE NEW YORK FIELD OFFICE,U S Army Corps of Engineers New York District.
ATTN CENAN OP RU,Bldg 10 3rd Floor North,1 Buffington Street Watervliet Arsenal. Watervliet NY 12189 4000, 518 266 6350 6360 for NY State counties Albany Clinton Columbia Delaware Essex Franklin. Fulton Greene Hamilton Montgomery Otsego Rensselaer Saratoga Schenectady Schoharie Warren. and Washington,Fax 518 266 6366, Note The remaining New Jersey counties are within the regulatory boundaries of the Philadelphia. District The remaining New York counties are within the regulatory boundaries of the Buffalo District. Refer to Section VI of this guide for additional resource information. Explanation of Some Commonly Used Terms, Certain terms which are closely associated with the regulatory program are explained in this section If. you need more detailed definitions refer to the Code of Federal Regulations 33 CFR Parts 320 through. 330 or contact a Corps district regulatory office, Activity ies As used in this pamphlet it includes building of structures for example a pier wharf.
bulkhead or jetty and work which included dredging disposal of dredged material filling excavation. or other modification of a navigable water of the United States. Best Management Practices BMPs Policies practices procedures or structures implemented to. mitigate the adverse environmental effects on surface water quality resulting from development BMPs. are categorized as structural or non structural A BMP policy may affect the limits on a development. Dredged Material Material that is dredged or excavated from waters of the United States The. discharge of dredged material means any addition of dredged material into including any redeposit of. dredged material within the waters of the United States. Fill Material Any material used for the primary purpose of replacing an aquatic area with dry land or. changing the bottom elevation of a water body The term does not include any pollutant discharged into. the water primarily to dispose of waste as that is regulated under Section 402 of the Clean Water Act. Headwaters Non tidal rivers streams and their lakes and impoundments including adjacent wetlands. that are part of a surface tributary system to an interstate or navigable water of the United States. FY 2014 Table of Contents process a routine application involving a public notice The Corps application review process usually requires site visits federal state and local government inter agency coordination and data analysis

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