GALVESTON DISTRICT

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Greetings from the Regulatory Branch Chief

Fred Anthamatten Dear Applicant,

Many proposed activities located near waters of the United States, including wetland areas, require a signed Department of the Army permit prior to the initiation of the project. To facilitate obtaining the necessary pem1it, an application form and instruction sheets, with sample project plans, are found below. These materials outline the required submittals to our office and are provided for your use.

We have also included information regarding State approval of your proposal. Please note that the State of Texas has separate requirements for "structures" placed on or over submerged public lands. Should you have any questions regarding these requirements, please contact the appropriate State office directly.

The Regulatory program has been established to protect the water resources of the United States. While considering your application for a permit, we will evaluate the probable impact of your proposed activity on the public interest, weighing the expected benefits that might be expected to accrue against reasonably foreseeable detriments. Concise project plans will certainly assists us in this evaluation. We also request, and consider, the views of other agencies, such as the Environmental Protection Agency, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife Department, the Texas General Land Office, and the Texas Commission on Environmental Quality.

The foundations for this program are laws passed by Congress, principally Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, as amended. Within the framework of the applicable laws, it is our intention to make this program as responsive to the desires and needs of the public as possible.

To this end, we stand ready to assist you with our program in any way we can. Please do not hesitate to call the Regulatory Branch at 409-766-3930. To assist us in improving our service to you, please complete the customer service survey.

Sincerely,

Fred L. Anthmatten
Chief, Regulatory Branch

Department of the Army Permit Forms

An applicant must provide several types of information to enable the Corps to evaluate the proposed project. The types of information we need include a completed application form, legible drawings and clear illustrations. For your convenience, you can complete the application form on-line, print and sign it. Form information about our General Permit Program, please visit our Nationwide General Permit site or our Regional General Permit site.

Document	Description
Department of the Army Permit Application Form	A fillable PDF form for filling out, printing and email distribution. The form is required for standard permit applications and is recommended for nationwide and regional general permit applications. Additional instructions for the application form may be found here.
Sample Plans You must submit the following black and white drawings on 8.5 x 11-inch paper: vicinity map, plan view and cross-section. These sample plans are examples of typical plans. More information may need to be submitted as determined on a case by case basis
Vicinity Map	A vicinity or location map showing the site of the proposed activity clearly marked and shown in relation to the nearest major roads, cities, and waterways in the area. The map needs to have enough information to allow someone to look at the map and be able to get to the site without requesting more information
Bulkhead and Pier Sample Plans	Bulkheads and Piers are one of the most common projects requiring a Department of the Army permit. The sample plans illustrate the required information necessary for a permit evaluation
Dredging Sample Plans	Dredging also requires a Department of the Army permit. The sample plans illustrate the required information necessary for a permit evaluation

TCEQ 401 Water Quality Forms

Water Quality Certification Questionnaire for Tier II Projects The Texas Commission on Environmental Quality (TCEQ) is responsible for conducting Section 401 certification reviews of U.S. Army Corps of Engineers Section 404 permit applications for the discharge of dredged or fill material into waters of the United States (U.S.), including wetlands. The TCEQ is the lead state agency that administers the Section 401 certification program in Texas except with respect to oil and gas exploration, which is the responsibility of the Railroad Commission of Texas. The purpose of these certification reviews is to determine whether a proposed discharge will comply with state water quality standards.

Document	Description
Texas State Water Quality Certification of Section 404 Permits	Information from the TCEQ on State Water Quality Certification of Section 404 permitsin Texas.
Water Quality Certification for Tier I projects	A checklist provided by the TCEQ for Tier I projects in Texas. Generally, the TCEQ defines a Tier I project as a small project that affects less than 3 acres of waters in the state, or less than 1500 linear feet of streams which incorporates the best management practices found below.
Best Management Practices for Tier I Projects	The TCEQ provides descriptions of Best Management Practices (BMPs) to reduce water quality impacts
Water Quality Certification Questionnaire for Tier II Projects	TCEQ Questionnaire if your project requires a Water Quality Certification and does not qualify for Tier I. Tier II projects are defined by the TCEQ as any project that does not qualify for a Tier 1 review or for which the applicant elects not to incorporate Tier I BMPs or prefers to use alternatives . Tier II projects are subject to an individual certification review by TCEQ.

Additonal Evaluation Factors

Document	Description
Coastal Zone Consistency	If your project is located within the Texas Coastal Management Area, you will need to submit this compliance statement with your application.
Cultural Resources	Section 106 of the National Historic Preservation Act (NHPA), as amended, requires federal agencies to consider the effects of proposed federal undertakings on heritage resources. NHPA’s implementing regulations found in 36 CFR Part 800, require federal agencies (and their designees, permitees, licensees, or grantees) to initiate consultation with the State Historic Preservation Officer (SHPO) as part of the Section 106 review process. In order for the Corps to determine if your project will have an effect on historic properties or culturally significant resources, we request that you provide an archaeological report or literature and records search from the Texas Historical Commission.
Endangered Species	Your proposed activity might affect Federally-listed threatened or endangered species. Please check with our staff or a biological consulting firm to determine whether there might be an effect on listed species when you submit your application. The Corps must consult with the appropriate Federal agencies if your activity might affect listed species
Mitigation	Mitigation measures may be required for direct and indirect impacts to the aquatic environment caused by projects in waters of the U.S. A mitigation plan, which includes monitoring, is required for all forms of compensatory mitigation.
Questions	If you still have questions regarding the preparation of an application after reading this material please contact our general information line at 409-766-3982 (Galveston Office) or 361-814-5850 (Corpus Christi Office)