United States Army Corp of Engineers Section 404 Permit Decision Matrix
Focus Area
Project Delivery/Streamlining
Subcommittee
All
Status
Archived
Cost
Under $99k
Timeframe
Under 1 year
Research Idea Scope
As required by Section 404 of the Clean Water Act, when work such as the discharge of dredged or fill material occurs in Waters of the United States, including jurisdictional wetlands, a Section 404 permit is required by the Army Corps of Engineers (Corps). These permits may be an Individual, Regional, or Nationwide permit. Individual permits are required for potentially significant impacts. On the other hand, Regional and Nationwide Permits have minimal impacts, eliminate the individual review, and typically can be processed with little or no delay. As of 2017, there are 54 nationwide permits (NWPs), all with different requirements which presents a challenge to staff at local entities (e.g. villages, cities, and counties), State Departments, and Consultants to know which NWP should be used for a project. Some of the 54 NWPs do not require the applicant to contact the USACE. It only requires the applicant to fill out the permit and add it to the file. Some of the 54 NWPs have constraints that if met the applicant must send a pre-construction notification (PCN) to the USACE and the USACE must reply to the applicant. Navigating this process for presents an additional challenge to staff. As required by Section 401 of the Clean Water Act an applicant must have a Water Quality Certification (WQC) from the State In order for the USACE to issue a 404 permit. Some NWPs have WQC issued every five years when the NWP are renewed. These NWPs have General Conditions and Regional Conditions that must be adhered to. It is a challenge for staff at local entities (e.g. villages, cities, and counties), State Departments, and Consultants to know which General Conditions and Regional Conditions apply for projects that do not require a PCN. The objective is to develop a software program that uses a decision tree matrix to guide the user to the correct Nationwide 404 permit. The program will include inputs such as type of work, discharge amounts, and questions regarding general and regional conditions. The output will identify the proper Nationwide 404 permit, whether a PCN is required, and the appropriate general and regional WQC conditions as well as application information which can vary by Corps district.The software program will allow the 404 permit applicant which includes states agencies, local public agencies, consultants, etc to identify which 404 permit is applicable and if the USACE requires a PCN. This will allow adherence to the Clean Water Act without having to wait for a response from USACE. It also removes the confusion that exists around the different 404 permits, general conditions, and the Water Quality Certification conditions which streamlines the permitting process, making the many USACE districts more uniform in permitting, saves time and money for all DOTs.
Urgency and Payoff
The software program will allow the 404 permit applicant which includes states agencies, local public agencies, consultants, etc to easily and accurately identify which 404 permit is applicable, know and thus adhere to the appropriate general and regional water quality conditions, and if the USACE requires a PCN. This will allow adherence to the Clean Water Act without having to wait for a response from USACE. Some USACE districts request all permits be sent to them even if a NWP does not require a PCN. It also removes the confusion that exists around the different 404 permits, general conditions, and the Water Quality Certification conditions which streamlines the permitting process, making the many USACE districts more uniform in permitting, and saves time and money for all DOTs and local public agencies.
Submitted
05/11/2020