The Corps and Environmental Regulation Presented by Clarissa J Cook

In the Beginning… June 16, 1775 – Continental Congress created an army with a chief engineer (Colonel Richard Gridley) and 2 assistants June 16, 1775 – Continental Congress created an army with a chief engineer (Colonel Richard Gridley) and 2 assistants 1779 – Corp of Engineers reorganized, only to be mustered out of service after Revolutionary War over 1779 – Corp of Engineers reorganized, only to be mustered out of service after Revolutionary War over 1802 – Permanent and separate US Army Corp of Engineers (USACOE) established at the same time as West Point 1802 – Permanent and separate US Army Corp of Engineers (USACOE) established at the same time as West Point

West Point Military Academy West Point’s first superintendent, Jonathan Williams, was chief engineer of Corps West Point’s first superintendent, Jonathan Williams, was chief engineer of Corps For 1 st half of 19 th century, WP was the only engineering school in the country For 1 st half of 19 th century, WP was the only engineering school in the country

The General Survey Act of 1824 and 1826 Authorized the President to have surveys done for roads and canals deemed economically or militarily important Authorized the President to have surveys done for roads and canals deemed economically or militarily important –Responsibility given to USACOE $75,000 to improve navigation of Ohio and Mississippi rivers $75,000 to improve navigation of Ohio and Mississippi rivers 1826 – established use of authorizations for both surveys and projects (still used) 1826 – established use of authorizations for both surveys and projects (still used)

History 1879 – Mississippi River Commission 1879 – Mississippi River Commission –3 of 7 members from USACOE –Used levees to control flooding in lower Mississippi Valley 1914 – Panama Canal completed 1914 – Panama Canal completed –Officially built by Panama Canal Commission with help from USACOE officers

Headquarters Headed by the Chief of Engineers Headed by the Chief of Engineers –Currently Lieutenant General Carl A. Strock Strock –Advises the US Army on engineering, topography, real estate, etc.

Organization 8 geographical divisions 8 geographical divisions –Further divided into 41 districts in the US, Asia, and Europe –9 th division created in 2004 for Iraq and Afghanistan Boundaries defined by watersheds, not state lines Boundaries defined by watersheds, not state lines –Took watershed approach for better management, planning, and development over larger areas

USACOE Organizations Huntsville, US Army Engineering and Support Center (CEHNC) Huntsville, US Army Engineering and Support Center (CEHNC) Transatlantic Programs Center (CETAC) Transatlantic Programs Center (CETAC) Finance Center, USACE (CEFC) Finance Center, USACE (CEFC) Humphreys Engineer Center Support Activity (CEHEC) Humphreys Engineer Center Support Activity (CEHEC) Marine Design Center (CEMDC) Marine Design Center (CEMDC) Institute for Water Resources (IWR) Institute for Water Resources (IWR) 249 th Engineer Battalion 249 th Engineer Battalion

The Laboratories Engineer Research and Development Center (CEERD) Engineer Research and Development Center (CEERD) –Consists of 7 Laboratories  Coastal and Hydraulics Laboratory  Cold Regions Research and Engineering Laboratory  Construction Engineering Research Laboratory  Environmental Laboratory  Geotechnical and Structures Laboratory  Information Technology Laboratory  Topographic Engineering Center

CEERD Research Mapping and terrain analysis Mapping and terrain analysis Infrastructure design, construction, operations, and maintenance Infrastructure design, construction, operations, and maintenance Structural engineering Structural engineering Cold regions and ice engineering Cold regions and ice engineering Coastal and hydraulic engineering Coastal and hydraulic engineering Geotechnical engineering Geotechnical engineering High performance computing and information technology High performance computing and information technology

Mission and Goals Planning, designing, building, and operating water resources Planning, designing, building, and operating water resources Design, construct, and manage military facilities for the Army and Air Force Design, construct, and manage military facilities for the Army and Air Force Provide support to other defense and federal agencies by providing designs and construction management Provide support to other defense and federal agencies by providing designs and construction management

Environmental Missions Wetlands and waterways regulation and permitting Wetlands and waterways regulation and permitting –Authority over dredging and filling –Determine which areas need protection as wetlands Ecosystem restoration Ecosystem restoration –Re-establish natural, functioning, and self- regulating systems –Florida Everglades largest such attempt

Environmental Missions Cont. Environmental Stewardship Environmental Stewardship –Management and project programs that comply to Federal, state, and local requirements Radioactive site cleanup Radioactive site cleanup –Formerly under the jurisdiction of Dept. of Energy Support to EPA Superfund program Support to EPA Superfund program –Corps manages design and construction contracts for remediation –Provides technical support

Environmental Legislation The Rivers and Harbors Act of 1890 and 1899 The Rivers and Harbors Act of 1890 and 1899 –Aims to prevent unauthorized alteration of navigable waters –Section 10 enforced most and concerns anything that effects the course, location, condition, or capacity of those waters National Environmental Policy Act of 1969 National Environmental Policy Act of 1969 –Assures all branches of government consider environment before taking any major federal action

Legislation Cont. Federal Water Pollution Control Act of 1972 Federal Water Pollution Control Act of 1972 –Commonly known as Clean Water Act –Regulates discharges of pollutants into waters –Under jurisdiction of both EPA and USACOE Water Resources Development Act of 1986 Water Resources Development Act of 1986 –Nonfederal interests should have more management and financial responsibility concerning water resources –1990 amendment created goal of “no net loss” of wetlands to increase their quality and quantity

National Wetlands Mitigation Action Plan Regulatory program administers and enforces Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Regulatory program administers and enforces Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act –Section 10 says that a Corps permit is required to do any work around or in navigable waters –Section 404 states that a Corps permit is required for dredging or filling into waters of the United States

Regulatory Program Mitigation Mitigation –Process for permit applications and Corps decisions on projects In-Lieu Fee option In-Lieu Fee option –Pay the value of the wetland instead of creating, restoring, preserving, or enhancing wetlands –Done by most companies  i.e. Wal-Mart

FIGURE 1–1 Area of wetland impacts permitted, mitigation required by the permit, and the anticipated gain in wetland area as a result of permits issued by the U.S. Army Corps of Engineers regulatory program from 1993 to hectare = 2.47 miles. SOURCE: Data from U.S. Army Corps of Engineers Headquarters, Operations, Construction and Readiness Division.

Regulatory Program Permit required before work can begin Permit required before work can begin Standard Permit Standard Permit –Pre-application/application –Public notice and comment –Evaluation, decision, and mitigation –Monitoring and enforcement

Regulatory Program General Permit General Permit –Most common permit, 90% –Issued quickly –Minimal impact on environment –Given on a national, regional, or state level Letter of Permission Letter of Permission –Issued more quickly than Standard Permit, but slower than General Permit –For projects with no controversy and water quality certificates

Regulatory Program Decision on applications takes an average of 30 days Decision on applications takes an average of 30 days USACOE makes about 90,000 decisions a year USACOE makes about 90,000 decisions a year 2003 – permits affected 23,000 acres of wetland 2003 – permits affected 23,000 acres of wetland –More than 43,000 restored, created, enhanced, or preserved

2001 SWANCC Ruling Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers –Restricts Corps regulation to traditionally navigable waters, surface tributaries, and wetlands adjacent to such waters –Renders moot the “Migratory Bird Rule” which extended jurisdiction to intrastate waters –States and tribes now responsible for isolated waters and wetlands

Regulation Enforcement Violation of permit usually involves unauthorized filling of wetland or the blocking/altering of waters of the US Violation of permit usually involves unauthorized filling of wetland or the blocking/altering of waters of the US Sometimes detected by Corps, but rely on individuals or local, state, and other federal agencies Sometimes detected by Corps, but rely on individuals or local, state, and other federal agencies

Regulatory Violations Corps sends a warning letter if work completed Corps sends a warning letter if work completed If work ongoing, violator sent a cease and desist order If work ongoing, violator sent a cease and desist order Some choose to remove fill and restore cite Some choose to remove fill and restore cite Violator can apply for after-the-fact permit Violator can apply for after-the-fact permit

Civil Penalties Clean Water Act states a civil penalty should not exceed $25,000 a day Clean Water Act states a civil penalty should not exceed $25,000 a day Enforced by EPA and USACOE Enforced by EPA and USACOE All monies collected from fines goes directly to US Fish and Wildlife Service All monies collected from fines goes directly to US Fish and Wildlife Service –Use the money for wetland projects near the site of the violation

Regulatory Problems Mitigation plans vague on wetland requirements Mitigation plans vague on wetland requirements –Didn’t specify water source, water quantity, soil, topography, structure, and location –Animal habitat not usually considered unless the species are endangered or waterfowl Numerous studies show as much as 34% of wetlands never installed Numerous studies show as much as 34% of wetlands never installed

Regulatory Problems Compliance inspections rarely done by USACOE Compliance inspections rarely done by USACOE Workload of USACOE staff is extremely high Workload of USACOE staff is extremely high –Led to making permits a priority, and inspections and site visits became secondary –Rely on other agencies and citizens to call in violations

Regulatory Numbers for 2003 Standard and Letter Permits: 7,075 denied: 299 Standard and Letter Permits: 7,075 denied: 299 Regional Permits: 43,486 Regional Permits: 43,486 Nationwide Permits: 35,317 Nationwide Permits: 35,317 Acres of wetlands with permitted activity: 21,330 Acres of wetlands with permitted activity: 21,330 Acres requiring mitigation: 43,379 Acres requiring mitigation: 43,379 Acres wetland loss avoided through process: 5,824 Acres wetland loss avoided through process: 5,824

Questions?