The U.S. Army Corps of Engineers administers a regulatory program that reviews actions involving work in waters of the US and determines if they meet the requirements specified in the following laws. Section 404 of the Clean Water Act prohibits the discharge of dredged or fill material into waters of the United States, including wetlands, without a Department of the Army (DA) permit. Section 10 of the Rivers and Harbors Act of 1899 prohibits obstruction or alteration of navigable waters of the US without a DA permit. Section 103 of the Marine Protection Research and Sanctuaries Act of 1972, as amended, prohibits the transport of dredged material for ocean disposal without proper authorization. The goals of our Regulatory Program are to protect the aquatic environment, enhance the efficiency of decision making, and to ensure fair, reasonable and timely decisions.
During the fiscal year 2004 (FY04), districts within the Southwestern Division completed review of 307 individual permit requests. Individual permit applications for a DA permit are evaluated using a public interest review process, which includes a public notice distributed to all known interested parties for review and comment. After evaluating all comments and information received, the Corps makes a final decision on the permit application. The permit decision is based on an analysis of the benefits of the project versus its detriments. Project impacts are reduced through avoiding impacts, minimizing impacts, or compensating for impacts to waters of the US. A permit is granted unless the proposal is found to be contrary to the public interest.
Within the Southwestern Division, more than 5,913 activities were also authorized by general permits in FY04. General permits are developed to expedite review and authorization for specific types of activities that have minimal impact on the aquatic environment. General permits have conditions that minimize impacts. A nationwide permit (NWP) is one type of general permit, which is developed for national use. There are currently 43 NWPs that can be used to authorize various types of activities. If the conditions for a NWP cannot be met, a regional general permit or individual permit from the Corps is required prior to initiating work. Summaries of the types of activities eligible for NWPs and regional general permits are available on the Corps district websites.
SWD Regulatory Program offices in FY04 required approximately 3,790 acres of wetland protection, restoration, or creation. Applicants may appeal permit denials, permit conditions, and jurisdictional determinations under the permit appeal program.
