Utah Watershed Coordinating Council Conservation Planning Workshop Navigating the Corps’ Permitting Process July 20, 2011 Jason Gipson Chief, Utah/Nevada Regulatory Branch US Army Corps of Engineers, Sacramento District

Permitting Authority Section 10 Rivers and Harbors Act (RHA) 1899 Section 404 Clean Water Act (CWA)1972

Section 10 RHA Permits for all work affecting navigable capacity of territorial seas, navigable rivers and lakes. Purpose: to maintain safe/passable navigable waterways Does not have to involve discharge of material into waterway

Section 10 Navigable Waters Subject to tidal action and/or; Historically or currently used for transportation of Interstate or Foreign Commerce Most major waterways in the US Lower Colorado River Lower Green River Flaming Gorge Reservoir Bear Lake Lake Powell

Typical Work Requiring Section 10 Permits Work in, over or under the waterway Permanent or temporary work Dredging & Excavation Bank Protection/Levee Work Intake/Outfall Structures

Clean Water Act (CWA) Section 404 Clean Water Act CWA goal: Requires that a permit be obtained from the Corps prior to discharging dredged or fill material into “waters of the United States, including wetlands” CWA goal: To protect the physical, chemical and biological functions of our Nation’s waters

Typical Activities Requiring Section 404 Permits Deposition of dredged or fill material in waters of the United States and/or adjacent wetlands Site development fills for residential, commercial, or recreational developments Aquatic habitat restoration activities Bank stabilization Spring developments

Waters of the United States Waters of the United States consist of: All navigable waters and their tributaries All Interstate waters and their tributaries Adjacent wetlands to those waters

Corps’ Jurisdiction

Corps’ Permitting Program for Projects with Wetland Impacts

Step 1: Map Waterways/Wetlands Describe project area Discuss hydrology, vegetation and soils Provide locations maps Contact info of applicant/agent Wetland/OHMM Data sheets Waters delineation map Needs to meet minimum standards

Step 2: Submit Report/Map to Corps Corps verifies accuracy of map and jurisdiction via letter Delineation report may be submitted alone or with application materials.

Step 3: Submit Application Nationwide Permit – Preconstruction Notification (PCN) PCN checklist Project plans overlaid on delineation map Historic Properties/Endangered Species information Mitigation plan for permanent impacts 45-day Corps completeness review period 45-60 days to issue verification

PCN Exception (NWP 27) for NRCS, FWS, FSA and Cooperating State Agencies on non-federal lands: Requires submission of Wetland Enhancement Agreement; or Project description, including plans; or NRCS Technical Service Provider docs for voluntary wetland restoration action 30-day Corps review of submitted material

Regional Conditions Supersede PCN Exemption Examples: Work in springs, histosols and/or fens Below elevation 4217’ (GSL) and 4500’ (Utah Lake) For NWP 27: >1,500 feet of stream, >50 cu ft structural fill or grade control structure >1 vertical-foot drop

Projects With No Wetlands Impacts Use General Permit (GP) 40

GP 40 Joint permit process with State of Utah Authorizes minimal impacts to streams only (no wetlands impacts authorized) Max 300 feet, or 500 feet with bio-engineering Streamlined permitting process ~30 days

Individual Permits (IP) Processing time – 120 days Authorizes activities with more than minimal impacts (no acreage limitations) Public process Alternatives Evaluation Undergo Public Interest Evaluation Compliance with Section 404(b)(1) Guidelines Section 401 Certification (404 permits only)

Exemptions Maintenance/Replacement of existing structures Culverts, spring boxes, weirs Fencing thru wetlands Please contact Corps project manager for verification of exemption

Speeding Up The Process Request a preliminary jurisdictional determination Coordinate early with Corps project managers Site visits ESA/Historic Properties

Questions?

Thank You Contact Information: Jason Gipson U.S. Army Corps of Engineers Utah Regulatory Office 533 West 2600 South, Ste. 150 Bountiful, Utah 84010 (801) 295-8380 x 14 Email: jason.a.gipson@usace.army.mil Web Page: http://www.spk.usace.army.mil/regulatory