A Corps of Engineers designated
emergency is a situation which would result in an unacceptable hazard
to life, a significant loss of property, or an immediate, unforeseen, and
significant economic hardship if corrective action requiring a permit is not
undertaken within a time period less than the normal time needed to process the
application under standard procedures.
The Corps may not view an action as an emergency if
the applicant has known of the deficient condition of the failing structure and
has not made reasonable attempts to secure appropriate permits and conduct
timely repairs. Emergency authorization decisions are made on a case-by-case
basis.
You must notify the Corps Regulatory
Branch of the need to perform emergency work. The Corps has the
responsibility to determine if the proposed work is consistent with the Corps'
definition of an emergency, whether authorization is needed, and if so, which
type of authorization is required.
Contact the Corps Regulatory Branch Immediately -
Call the Corps Regulatory Branch project manager for your region to discuss
the situation. Click
here to link to a list of Corps project managers and their regions. If
the project managers are not available, contact the Section or Branch
Chief. They will ask you to provide information as detailed on the form
below. If you need to contact the Corps after work hours or on the weekends,
please contact the Branch Chief, Ms. Muffy Walker at (206) 200-9954. The
Corps Regulatory Branch fax number in Seattle is (206) 764-6602.
Based on the Corps' review of the
situation, we will then make the following determinations:
Is a permit required? If a
permit from the Corps is not required, the work can proceed provided
local and state permit requirements are met. If a permit is
required, then the appropriate permit procedure will be
determined.
Does the work qualify as a Corps
designated emergency? If the work meets the Corps'
definition of an emergency, then emergency authorization procedures will be
initiated. Emergency authorization procedures include coordinating with
resource agencies, Tribes, and often our Division office in Portland. Work
cannot begin until the Corps states work may commence. An after-the-fact
permit will be required which may involve mitigation and/or removal of all or a
portion of the work. This process may take from a few hours up to a week.
If the work does not qualify as a Corps
designated emergency, then a permit must be obtained prior to any
commencement of work. In certain circumstances we may initiate "expedited"
(not emergency) authorization procedures. This process may take several
weeks to complete. In other cases, the proposed work will be subject to
our regular permit process appropriate for the nature and location of the
work.
Make sure you make a good faith
effort to contact the Corps' Regulatory Branch before proceeding with work,
(e.g., leave a voice mail message or fax with the required information as
detailed on the form listed above, before any work commences). If a permit is
required and no contact was made, we could consider the work to be a knowing and
willful violation.
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