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ASWM NEWS FEATURE

State Programmatic General Permits (A Cautionary Tale to Enhance Dialogue)

by Leah Stetson, ASWM

In 1992, New Hampshire became the first state to be issued a new kind of state programmatic general permit (SPGP). It was the first time that the Corps and a state created a comprehensive permit and revoked all of the nationwide permits for that state. This became an effective permitting tool for New Hampshire, which deals with about 1,500 SPGP authorizations per year out of 6,000 for all of the New England states’ SPGPs combined. [Read more]


MEDIA COVERAGE

FL: Need a Dock? DEP has Made Process Easier
Temple Terrace University Beacon – August 20, 2008
As part of an ongoing commitment to improve services to the public and reduce burdensome paperwork and wait time, the Florida Department of Environmental Protection (DEP), in coordination with the U.S. Army Corps of Engineers has expanded the existing online self-certification process for certain small, private single-family docks. Now in addition to the state authorization, the public can receive authorization from the U.S. Army Corps of Engineers in the form of a Self-Certification State Programmatic General Permit (SPGP) or receive immediate confirmation that a qualifying proposed single-family structure is exempt from permit requirements. For full article, go to: http://cnewspubs.com/onthewater/modules/news/
article.php?storyid=708

Harwich Gets Key Approvals For Comprehensive Dredge Program

By William Galvin – Cape Cod Chronicle – July 31, 2008
Good news along the waterfront came from two fronts this week, with both the Army Corps of Engineers and the state of Massachusetts giving approvals for the town’s dredge and beach nourishment comprehensive permit. “It takes a lot of weight off our shoulders,” Harbormaster Thomas Leach said on Tuesday of approvals that will go a long way to allowing the town to establish a dredging and beach nourishment plan. The town has been working for three years with its consultant, Coastal Engineering Company of Orleans, to put in place a comprehensive permit for dredging its harbor channels and placing spoils on both public and private beaches. Presently the town has several permits which expire at different times and can be cumbersome when addressing immediate dredging needs. For full story, go to: http://www.capecodchronicle.com/harnews/har
073108_5.htm

Spreckelsville group seeks sand dredging

 
 
 
 
 
By Harry Eagar – The Maui News – June 27, 2008
Six beachfront owners on Stable Road are asking the Board of Land and Natural Resources for permission to renourish the beach, and for the first time on Maui they propose to use sand dredged from offshore. The project would also include four "Geotubes," like big sleeves filled with sand and extended into the water like groins. The tubes would help slow the loss of sand from the beach but are removable and are considered to have a much less significant impact on the beach than seawalls. The board will consider the application today in Honolulu, and later the proposal will have to come to the Maui County planning director for a minor special management area permit or the Maui Planning Commission for a major SMA. […]If the board approves the application today, it will be contingent on renewal of the State Programmatic General Permit, which is up for renewal of its blanket Water Quality Certificate from the Department of Health. For full article, go to: http://www.mauinews.com/page/content.detail/id/
505357.html
 

Army Corps proposes easing Gulf wetlands rule

By Mike Stuckey – MSNBC – October 19, 2006
Federal wetlands regulators have dropped a bombshell on environmentalists with a little-publicized proposal to relax restrictions on filling in certain wetlands along the entire Mississippi Gulf Coast to speed recovery from Hurricane Katrina. “It’s unethical, illegal, immoral, unsustainable and they’re simply doing it to make the fat cats richer faster,” said Derrick Evans, executive director of a Gulfport, Miss., community group that plans to fight the proposal by the U.S. Army Corps of Engineers. The Corps’ proposal would allow property owners and developers to skirt the conventional "regional general permit" process for any projects that fill up to 5 acres of “low-quality” wetlands in the six southernmost Mississippi counties. For full article, go to: http://www.msnbc.msn.com/id/15305378/

 
FL DEP seeks more control over wetlands permitting

By MELORA GRATTAN - University of Florida, Enviro-Net – 2005
While the magic number of acres is still in question, state regulators are attempting to move their federal counterparts closer to consolidated permitting programs so the state has authority over projects that impact wetlands and other surface waters. For full article, go to: http://www.environet.com/main.asp?page=story&id=1&month=11&paper=fl&year=2005
 
Innovative program decreases workload in New England

By Christine Godfrey & Joanne Barry, New England District – Engineer Update – July 2001
The Regulatory program of the U.S. Army Corps of Engineers is sensitive and complex, and it must be geared toward both efficiency and environmental responsibility. Nationwide, the Corps authorizes more than 40,000 projects a year. New England District (NED) accounts for about 5,000 of them. To be efficient, and to balance the needs of development with those of protecting important aquatic resources, the Corps must be resourceful and innovative. A good example is NED's successful Programmatic General Permit PGP) program. For full article, go to: http://www.hq.usace.army.mil/cepa/pubs/jul01/story14.htm
PUBLICATIONS
 
Addressing the Gaps: A Federal, State, Local and Tribal Partnership for Wetland Regulation, Jon Kusler, PhD, Esq., ASWM (2004)
http://www.aswm.org/propub/
statepartnership.pdf


States Assuming Responsibility over Wetlands

By Kristen Fletcher - 2000

Southern Research Station, USDA Forest Service
http://www.srs.fs.usda.gov/pubs/20147

Key Facts About the SPGP,
Oregon Division of State Lands (PDF)


Evolution of Virginia’s Nontidal Wetlands Program (PPT) October 2002 - www.nga.org/Files/ppt/1002STATERESPONSES_GILINSKY.PPT

ADDITIONAL RESOURCES FOR OUTREACH AND COORDINATION

Kevin Herkamp
Regulatory Streamlining Coordinator
Oregon Department of State Lands
(503) 986-5305
Kevin.Herkamp@state.or.us

James Stoutamire (ASWM Board Member)
Program Administrator
DEP, Division of Water Resources Management
Florida Department of Environmental Protection
(850) 245-8490
Jim.Stoutamire@dep.state.fl.us

Mary Ann Tilton
Assistant Bureau Administrator
DES- Wetlands Bureau
(603) 271-2929
MaryAnn.Tilton@des.nh.gov

 

LINKS

Links to Programmatic General Permits:


Alabama SPGP, RGP
http://www.sam.usace.army.mil/RD/reg/regional/htm

Alaska – RGP
http://www.poa.usace.army.mil/reg/gps.htm

Regional General Permits (RGPs), State Programmatic General Permits (SPGPs)

Arkansas – RGP
http://www.swl.usace.army.mil/regulatory/
regionalpermits.html

HI – Beach nourishment
http://www6.hawaii.gov/dlnr/occl/
nourishment.php

PA – SPGP
http://www.nap.usace.army.mil/cenap-op/regulatory/spgp.html
http://164.156.71.80/VWRQ.asp?docid=0442d740780d00000000086800000868&context=
2&backlink=WXOD.aspx%3ffs%3d0442d740780d00008000085600000856%26ft%3d1

CA – RGPs
http://www.spl.usace.army.mil/regulatory/current_RGPs.htm

CT – SPGP and other permit info fact sheets
http://ct.gov/Dep/cwp/view.asp?a=2709&q324222#GeneralPermits

Delaware SPGP-18
http://www.nap.usace.army.mil/cenap-op/regulatory/spgp18.pdf

DE SPGP-20
http://www.nap.usace.army.mil/cenap-op/regulatory/spgp20.pdf

Illinois – RGP
http://www.lrc.usace.army.mil/co-r/modifed4webRPPfinal.pdf

Maine General Permit
http://www.nae.usace.army.mil/reg%5Cmeall.pdf

MA SPGP
http://www.nae.usace.army.mil/reg%5Cmapgp.pdf

Maryland SPGP-3
http://www.nap.usace.army.mil/cenap-op/regulatory/spgp.html#mdspgp

Minnesota and Wisconsin (Regional General Permits)
http://www.mvp.usace.army.mil/regulatory/default.asp?pageid=681

NH SPGP
http://www.nae.usace.army.mil/reg%5CNHPGPpermit.PDF

NJ SPGP-17 (coastal)
http://www.nap.usace.army.mil/cenap-op/regulatory/spgp17.pdf

NJ SPGP-19 (coastal)
http://www.nap.usace.army.mil/cenap-op/regulatory/spgp19.pdf

OR (previous, no longer in effect) SPGP
http://www.oregon.gov/DCBS/RSL/docs/streamlining_water/SPGP_docs/
SPGP_Permit_Instru.pdf

South Carolina – RGP
http://www.sac.usace.army.mil/?action=permits.regional

Tennessee – RGP
http://www.mvm.usace.army.mil/regulatory/regionalgp/gp.htm

Texas – RGP, PGPs
http://www.swf.usace.army.mil/pubdata/environ/regulatory/permitting/gp.asp

VA SPGP
http://www.nao.usace.army.mil/technical%20services/Regulatory%20branch/PN/
SPGP_2007/07-SPGP-01_mod_PN.pdf

Technical bulletin 2007 on VA changes to SPGP http://www.wegnet.com/documents/SPGPTechnicalBulletin-FINAL.pdf

FL SPGP
http://www.nao.usace.army.mil/technical%20services/Regulatory%20branch/
spgp_2007/interim_SOP_07-SPGP-01.pdf
http://www.dep.state.fl.us/water/wetlands/forms/spgp/SPGP_IV_Permit_Instrument.pdf
http://www.dep.state.fl.us/water/wetlands/erp/spgp.htm

Washington – RGPs
http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&
pagename=mainpage_RGPs

 

Corps’ Proposed Regulatory Guidance Letter on Programmatic General Permits (1996)
http://www.epa.gov/owow/wetlands/pdf/spgp.pdf

 
 
 
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This webpage last updated August 25, 2008
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