Vicksburg District

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Factors for Evaluation Delay

  • number of other permits needed, i.e. water quality certification, coastal zone consistency

  • environmental concerns, i.e. cultural resources; rare, threatened, and endangered species,

  • complexity of the project

  • objections to the project and/or public hearings

  • NEPA documentation

  • failure on the part of the applicant to supply requested information

  • violations (work proceeding prior to the issuance of a permit)

Standard Permits

Applications for a standard/individual permit entails submitting a complete application for a Department of the Army Permit accompanied by required attachments, such as drawings and maps (see also 33 CFR 325.2(e)(1)) to the Vicksburg District Regulatory Branch.  The goal for a non-controversial Standard Permit is to complete evaluation in 120 days. This does not include time needed to make a final jurisdictional determination, or to establish the effects of the project on waters of the U.S.  Projects requiring an Environmental Impact Statement may take years to complete. The more complex a project is, the longer it takes to evaluate.

Required Application Information

"A complete description of the proposed activity including necessary drawings, sketches, or plans sufficient for public notice (detailed engineering plans and specifications are not required); the location, purpose, and need for the proposed activity; scheduling of the activity; the names and addresses of adjoining property owners; the location and dimensions of adjacent structures; and a list of authorizations required by other federal, interstate, state, or local agencies for the work, including all approvals received or denials already made." (33 CFR 325.1(d)(1)) Read more about required materials.

Steps in the Permit Evaluation

1. Pre-application meeting for projects with large proposed impacts (recommended option).

2. Applicant revises plans in response to pre-application meeting.

3. Applicant submits ENG FORM 4345, maps (project and construction plan view), alternative site analysis plan, and compensatory mitigation plan to Corps District (required).

4. Corps receives, reviews and assigns identification number to application.

5. Corps acknowledges application and may request additional information.

6. Applicant supplies requested additional information, if needed.

7. Corps performs a jurisdictional determination. (Providing a wetland delineation can expedite the entire permit evaluation.)

8. Corps issues public notice and requests comments from public, government agencies, organizations, etc.

9. Corps consults with other Federal, Tribal, and State agencies as appropriate. Water Quality Certification (401(b)) must be obtained. 

10. Corps reviews comments and sends copies of adverse comments to applicant for response within 15 days.

11.  Environmental Assessment or Environmental Impact Statement initiated (if needed).

12.  Public hearing held (if needed).

13. Corps prepares NEPA documents and makes Record of Decision or Statement of Findings.

14. Corps makes permit decision within 120 days of receiving a complete application packet and all requested information, a final jurisdictional determination, closure of the public notice comment period (if no adverse comments), and issuance of water quality certification.

15. Corps issues or denies permit.

Letters of Permission

Letters of Permission (LOP), as described in 33 CFR 325.2(e)(1), are a type of permit issued through an abbreviated processing procedure which includes coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and a public interest evaluation, but without the publishing of an individual public notice.

For projects subject to Section 10 of the Rivers and Harbors Act of 1899,  LOPs may be used when the District Engineer has concluded that  the proposed work would be: 1) minor; 2)  would not have significant individual or cumulative impacts on environmental values;  and 3) should encounter no appreciable opposition.

For projects subject to section 404 of the Clean Water Act, LOPs may be used after the District Engineer: 1) consultats with Federal and state fish and wildlife agencies, the Regional Administrator, Environmental Protection Agency, the state water quality certifying agency, and, if appropriate, the state Coastal Zone Management Agency, to develops a list of categories of activities proposed for authorization under LOP procedures; 2) issues a public notice advertising the proposed list and the LOP procedures, requesting comments and offering an opportunity for public hearing; and 3) the 401 certification has been issued or waived and, if appropriate, CZM consistency concurrence obtained or presumed either on a generic or individual basis

Pre-app Meeting

Facilitating communication between the Corps, applicant, and possibly other state and Federal agencies, the pre-application meeting serves to make necessary project changes early in a project rather than after engineering plans. Pre-application meetings should be considered part of the project planning process and is particularly important for large projects with substantial impact to wetlands. Contact us to schedule a meeting.