1. Section 408 Approval Process (New 408 Regional General Permit)
Richard J. Muraski Jr.
Colonel, Corps of Engineers
Commander
Fort Worth District

2. Overview 408 Approval Authority Flood Risk Paradigm Why Streamline?
Streamlining Initiatives
408 RGP – What is it?
Key Takeaways
POCs / Resources
Questions & Answers

3. How are they Applied? Stakeholder Projects Federal Project
Waters of the US
Federal Project
RGP
PEA
Visualize the rectangle as representing the entire portfolio of stakeholder projects
Some projects will impact jurisdictional WUS and are subject to Section 404 and/or Section 10 permitting requirements
Some projects will impact, or have the potential to impact, existing Federal Flood Damage Reduction Projects
Some projects will impact both
For projects that impact both an existing Federal project and jurisdictional WUS the Fort Worth District has been proactive and we have implemented procedures such as Regional General Permit 12 and a Programmatic Environmental Assessment, which MAY assist in streamlining this process.
404 / 10
408

4. 408 Approval Authority
33 USC 408 (Rivers & Harbors Appropriations Act of 1899)
Title 33 – Navigation and Navigable Waters
Section 408 – Taking possession of, use of, or injury to harbor or river improvements
Unlawful for any person or persons to build upon, alter, deface work built by the US to prevent floods unless SecArmy grants permission based on determination that the proposed project will:
Not be injurious to the public interest (NEPA Component)
Not impair the usefulness of the Federal project

5. Flood Risk Paradigm THEN NOW Flood Damage Reduction (FDR)
Paradigm: Federal Protection
“We are Safe”
Individual Agency Processes
Project-by-Project
Focus on reducing damages by
managing floods
Minimal consideration to future
land use or other social effects
Decisions based on reducing the
potential for failure
NOW
Flood Risk Management (FRM)
Paradigm: Shared Risk Reduction
Integrated Agency & Stakeholder
processes to buy-down risks to a
tolerable level
Focus on reducing probability of
flooding & consequences should
flooding occur
Systems Approach (weakest link)
Integrate environmental, social,
and economic factors
Self Explanatory?

6. Communication
Levee Safety
Program Activities

7. Why Streamline?
Perception: Some projects have required multiple years for review
Reality: Acquiring sufficient data for proper review & required Agency determination has sometimes been lengthy
Contributing Factors
Lack of Stakeholder understanding of roles, responsibilities and process
Insufficient Corps Guidelines for technical and NEPA submittals
Failure to coordinate/secure Sponsor review & approval
Incomplete submittal packages
Insufficient technical analysis
Lack of sufficient environmental compliance documentation

8. Fort Worth District Streamlining Initiatives
Developing Standard Business Process
Regional General Permit
Programmatic EA
Section 214

9. Standard Business Process
Developing Standard Business Process
Increase efficiency & reliability
Define Roles & Responsibilities
Process Map / Responsibility Matrix
Submittal Checklists
Increase Clarity / Decrease Anxiety

10. 408 RGP – What is it?
Permit Name: Modification and Alterations of Corps of Engineers Projects
Permit Number: CESWF-09-RGP-12
Issued 24 FEB 2010
Expires 23 FEB 2015
Purpose: Eliminate unnecessary duplication of work where the environmental consequences of the proposed action are individually and cumulatively minimal

11. Programmatic Environmental Assessment
Certain Conditions must be met to use
Must be a Minor Section 408
Only affect grassland habitats or be covered under a Nationwide Permit or the RGP
Must not result in significant adverse impacts to cultural resources
Must not impact threatened or endangered species

12. WRDA Section 214 Authority
Legislation allows the Corps to accept funds from Non-Federal Public Entities to expedite 408 Actions & Regulatory Permits
Program Must:
Serve Public Interest with Accountability & Transparency
Ensure Impartial Decision Making
Expedite Permits
NCTCOG & USACE entered into a MOA October 2008 to process Regulatory Permits
COG is applicant & sets priorities for projects
Completed 30 Permit Actions to Date; 31 Pending Projects
Draft MOA being processed with NTCOG to process 408 Actions

13. Comparison of Section 214 Projects VS Regulatory Branch Performance in 2010
Section % of Individual Permits issued in 120 days
Branch % of Individual Permits issued in 120 days
Section 214 – General Permit verification averaged 7.6 days
Branch – General Permit verification averaged 25.7 days

14. Current Section 408 Actions
Major Modifications
No Major Section 408’s have been processed by the Ft Worth District for final approval by HQ
Cities of Irving and Dallas have Section year levee remediation projects in process
May become minor Section 408’s if the modifications are determined to be insignificant
Anticipate several upcoming bridge/roadway levee crossings will be major actions
Estimated review & approval costs in the $150,000 range
Minor Modifications
Receiving numerous requests to modify DFW area projects
Goal to process and approve actions within 30 days of final submittal package
Review costs dependent on complexity but usually less than $10,000/ action

15. Key Takeaways USACE is standardizing the process
Shared Risks – Shared Responsibility
Help improve Stakeholder understanding – embrace the concept
Early coordination with Sponsor by applicant will help reduce/minimize USACE review times.
Better integration of engineering design with environmental impacts needed to comply with NEPA and CWA (404) and RHA (Sec 10)
Ensure complete, comprehensive 408 submittal packages

16. POCs / Resources 408 Business Process (Primary Contact)
Terry Bachim, Chief Maintenance Section
hyperlink
Regional General Permit (RGP)
Stephen Brooks, Chief Regulatory Branch
Programmatic Environmental Assessment (PEA)
Rob Newman, Chief Environmental Branch
Section 214
Elston Eckhardt, Chief Civil Programs

17. Q & A

18. Section 408 Challenges
Due to the stringent review process, major Section 408’s typically require 9 months or longer for vertical approval
There are inadequate Federal funds for District level review, which is currently delaying the timely processing of Section 408 actions
Minor Section 408’s are approved by District Commander and typically require considerably less review time
Not all Section 408 requests are approvable due to potential Irreparable harm
Provided for your use, is hidden in presentation

19. Section 214 Benefits
Dedicated PM & technical team readily available to evaluate project & permit actions and to participate in meetings and site visits.
Offers improved, open Communications
PM works with applicant to timely process the actions
Results in reduced time for decisions
Provided for your use, is hidden in presentation