U.S. Army Corps of EngineersU.S. Army Corps of Engineers

Regulatory ProgramRegulatory Program

Regulatory Authorities• Section 10 of the

Rivers & Harbors Act of 1899– Structures and work in

navigable waters of the United States

• Section 404 of the Clean Water Act– Discharge of dredged or

fill material and mechanized landclearing in all waters of the U.S., including wetlands

Section 10 of the Rivers and Harbors Act of 1899

Regulated Activities

Work in Navigable Waters of the U.S. (Lake Champlain, Lake Memphremagog, and major rivers in VT)

-Dredging-Structures in, over, or under a navigable waterway

-Private docks-Water intake lines-Aerial transmission lines-Submarine cables-Marinas

Section 404 of the Clean Water ActRegulated Activities

Any activity that would involve the permanent or temporary placement of dredged or fill material into any waterway or wetland, including:

- Pond construction- Mechanized landclearing- Landscaping -Land Development (i.e., housing, commercial, industrial, etc.)- Cofferdams

Section 404 of the Clean Water Act

Regulated Activities

- Roads, culverts, bridges- Bedding and backfill for utility lines- Shoreline stabilization-Sidecasting of material from excavation of new drainage ditches- Installation of drainage tile

Forms of Authorization

• VT General Permit– Minimal Impact Projects – impacts

not to exceed one acre• Individual Permit

– Projects with greater than minimal impacts or in excess of one acre of impact

South Bay, Lake Memphremagog, Newport, VT

VT General PermitMinimal Impact Projects

•Direct/Indirect Impacts under 3000 sq. ft.

–Project May Proceed without Notification to Corps Provided Terms & Conditions of VTGP have been met

•Direct/Indirect Impacts from 3000 sq. ft. to one acre

–Notification to Corps Required

•Determination of Eligibility for VT GP usually within about 30 days

Batten Kill, Arlington, VT

REMEMBER!!!

- VT GP is only used to authorize projects that will have a minimal individual and cumulative impact on the aquatic environment.

- Project can have a “good” impact and not meet the minimal threshold.

- A project with less than 3000 sq. ft. of impact can have more than a minimal impact and be ineligible to proceed under the VTGP.

Information Required for VTGP• Wetland Delineation

• Data sheets to support wetland delineation

• Brief description of wetland functions and values

• Plan, drawn to scale, showing property boundaries, wetland boundary and area of proposed impact(s)

• Grading plan (as appropriate)

• Narrative description of the project including area (in sq. ft.) of proposed direct and indirect impacts

Individual Permit

- Projects with direct/indirect impacts to waters of U.S. in excess of one acre- Projects which do not meet the criteria of the VT GP

Pre-Application Meetings

Joint site visit with Corps, VT DEC, USEPA and USF&WS

- Flushes out major concerns prior to investment of time and money in permit process

- Can result in recommendations for project modifications to minimize impacts to waters of the U.S. and facilitate permit issuance

Information Required for Individual Permit

• Wetland Delineation

• Data sheets to support wetland delineation

• Narrative describing wetland functions and values

• Completed Application Form (ENG 4345)

• Plan, drawn to scale, showing property boundaries, wetland boundary and area of proposed impact(s)

• Alternatives analysis

Alternatives Analysis

• Only the Least Environmentally Damaging Practicable Alternative (LEDPA) to accomplish the basic project purpose can be permitted

Alternatives Analysis/Mitigation Sequencing

AVOID impacts to waters of the U.S. to the maximum extent practicable (off-site alternatives analysis; leads to LEDPA site)

MINIMIZE impacts to waters of the U.S. (at the LEDPA site) to the maximum extent practicable

MITIGATE for the unavoidable impacts of the project

That’s your crash course on the Corps’ Regulatory Program.

Vermont Project Office

Current Responsibilities, Staffing and Resources

Responsibilities• Administration of Corps of Engineers

Regulatory Program in VT– Section 10

• Navigable Waters of the U.S. = Lake Champlain, Lake Memphremagog and Major Rivers

– Section 404• All wetlands• Non-Section 10 lakes and ponds• Non-Section 10 rivers and stream up to the

headwaters

Responsibilities

• Administration of Regulatory Program includes:– Jurisdictional determinations– Processing VT GP’s – Processing individual permits– Investigation of alleged unauthorized work– Compliance inspections of work under

permits– Public outreach

Staffing/Resources

• Based at VT Project Office– Two Full-Time Senior Project Managers– One Full-Time Legal Instrument Examiner

• Based at District Office in Concord, MA– Branch Chief – Division Chief– Environmental Resource Unit Staff– Office of Counsel