1. Department of Army Permitting Process: Dredging
Felicity Dodson
Regulatory Project Manager
Regulatory Division
USACE Galveston District
Dredging Your Docks Seminar
Houston, Texas
November 5, 2014

2. Section 10 Rivers and Harbors Act of 1899 (33 U.S.C. 401)
Structures and/or work in, or affecting, navigable waters of the United States.
Structures and/or work outside the limits of navigable waters, IF these structures or work could affect the course, location, or condition of the waterbody so as to impact its navigable capacity.
Artificial islands, installations, or other devices on the outer continental shelf. .

3. Section 404 Clean Water Act (33 U.S.C 1344)
Discharge of dredged or fill material.
Activities Regulated as a Discharge:
Addition of dredged material to a specified discharge site located in waters
Runoff or overflow from a contained land or water disposal area
Any addition, including more than incidental redeposit of dredged material, mechanized land clearing, ditching, channelization, or other excavation

4. Section 103 Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act - 33 U.S.C. 1413)
Transportation of dredged material by vessel or vehicle for purpose of dumping in ocean waters at sites designated by EPA under 40 CFR 228.
Third Party Use process currently evaluated on a case-by-case basis, while evaluation process is being updated.

5. Department of the Army (DA) Permits
Nationwide Permits
Authorizes Section 10 and Section 404 actions
Minimal impact to aquatic environment
Streamlined permit review process
Letters of Permission
Authorizes Section 10 Actions ONLY
Non-Controversial Actions
15-Day Interagency Coordination
Standard Permit
Authorizes Section 10 and Section 404 Actions
Controversial Actions
30-Day Public Notice

6. Nationwide Permits (NWPs) for Docks and Dredging
NWP 3 – Maintenance (not including dredging)
NWP 13 – Bank Stabilization
NWP 19 – Minor Dredging
NWP 35 – Maintenance Dredging of Existing Basins
NWP 16 – Water Quality Certification for return water from upland disposal
BE SURE TO CHECK:
Pre-Construction Notification (PCN) requirement
General Conditions (All NWPS)
Regional Conditions (by state or geographic region)

7. Specific Issues Related to Dredge Material Placement
Confined Upland Placement
Beneficial Use (BU) Options
Material testing requirements
If DMPA/BU site is located in Louisiana, coordination with LA State Agencies is required

8. Beneficial Uses of Dredged Material
Evaluated on case-by-case basis for:
Wetland Habitat
Shoreline Protection
Beach Renourishment
Many other options
Capacity and repeat usage depends on site characteristics

9. Sediment Testing Requirements
Requirements vary by site
May be required by multiple agencies
DMPA or BU Sponsor/Owner
Navigation District
State Water Quality Certifying agency (TCEQ, LADEQ)
EPA (in certain cases)
Oversite rests with the requiring agency.
Early consultation can save your schedule and budget!

10. San Jacinto Waste Pits (SJWP) Area of Concern (AOC) 2009 Public Announcement

11. SJWP AOC Review Process
All projects in AOC reviewed by TCEQ Superfund Section for potential impacts
All Nationwide Permits in AOC require PCN
(No non-reporting NWPs in AOC)
For dredge material placement: Test results determine possible placement options
See handout for link to Public Announcement and agency contact information
Existing Permits in AOC, that still require work or maintenance, must complete AOC process

12. Questions! Contact us: Permit Mailing Address:
U. S. Army Corps of Engineers
Galveston District  CESWG-RD-E P.O. Box 1229  Galveston, TX
Telephone:  Fax: 
(call ahead to schedule a meeting)
District Office Location:
U.S. Army Corps of Engineers  Jadwin Building  2000 Fort Point Road  Galveston, TX 77550
On the web at: