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General Information
Authority for the Regulatory Program
The US Army Corps of Engineers has been regulating activities in the
nation's waters since 1890. Until the 1960's the primary purpose of the
regulatory program was to protect navigation. Since then, as a result of laws and
court decisions, the program has been broadened so that it now considers the
full public interest for both the protection and utilization of water
resources.
The regulatory authorities and responsibilities of the Corps of Engineers
are based on the following laws:
Other laws may also affect the processing of applications for Corps of
Engineers permits. Among these are the National Environmental Policy Act, the
Coastal Zone Management Act, the Fish and Wildlife Coordination Act, the
Endangered Species Act, the National Historic Preservation Act, the Deepwater
Port Act, the Federal Power Act, the Marine Mammal Protection Act, the Wild and
Scenic Rivers Act, and the National Fishing Enhancement Act of 1984.
Definitions of Commonly Used Terms
Certain terms which are closely associated with the regulatory program are explained briefly in this section. A more extensive list may be found at definitions or refer to the Code of Federal Regulations (33 CFR Parts 320 through 330)
The Permit Application
The application form used to apply for a permit is Engineer Form 4345, Application
of a Department of the Army Permit. You can obtain the application from
one of the Corps of Engineers district regulatory offices or download
one. Some offices may use a slightly modified form for joint processing
with a state agency; however, the required information is basically the same.
It is important that you provide the complete information in the requested
format. This information will be used to determine the appropriate form of
authorization, and to evaluate your proposal.
Some categories of activities have been previously authorized by nationwide
or regional permits, and no further Corps approvals are required. Others may
qualify for abbreviated permit processing, with authorizations in the form of
letters of permission, in which a permit decision can usually be reached in
less than 30 days. For other activities, a Public Notice may be required to
notify Federal, state, and local agencies, adjacent property owners, and the
general public of the proposal to allow an opportunity for review and comment
or to request a public hearing. Most applications involving Public Notices are
completed within four months and many are completed within 60 days.
The district engineer will begin to process your application immediately upon receipt of all required information. You will be sent an acknowledgement of its receipt and the application number assigned to your file. you should refer to this number when inquiring about your application. Your proposal will be reviewed, balancing the need and expected benefits against the probable impacts of the work, taking into consideration all comments received and other relevant factors. This process is called the public interest review.
The Corps goal is to reach a decision regarding permit issuance or denial within 60 days of receipt of a complete application. However, some complex activities, issues, or requirements of law may prevent the district engineer from meeting this goal.
For any specific information on the evaluation process, filling out the application forms, or the status or your application, you should contact the regulatory branch of the Corps of Engineers District Office which has
jurisdiction over the area where you plan to do the work.
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Typical Processing Procedure for a Standard Individual Permit
- Pre-application consultation (optional).
- Applicant submits ENG Form 4345 to district regulatory office.*
- Application received and
assigned identification number.
- Public notice issued (within 15 days of receiving all information).
- 15 to 30 day comment period
depending upon nature of activity.
- Proposal is reviewed by Corps and:
- Corps considers all comments.
- Other Federal agencies consulted, if appropriate.
- District engineer may ask
applicant to provide additional information.
- Public hearing held, if
needed.
- District engineer makes
decision.
- Permit issued
or
Permit denied and applicant advised of reason.
* A local variation, often a joint federal-state
application form may be submitted.
** Review period may be extended if applicant fails to submit
information or due to requirements of certain laws.
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Evaluation Factors
The decision whether to grant or deny a permit is based on a public interest
review of the probable impact of the proposed activity and its intended use.
Benefits and detriments are balanced by considering effects on items such as:
- conservation
- economics
- aesthetics
- general environmental concerns
- wetlands
- cultural values
- flood hazards
- floodplain values
- food and fiber production
- navigation
- shore erosion and accretion
- recreation
- water supply and conservation
- water quality
- energy needs
- safety
- needs and welfare of the people
- considerations of private ownership
The following general criteria will be considered in the evaluation of every
application:
- the relative extent of the
public and private need for the proposed activity;
- the practicability of using
reasonable alternative locations and methods to accomplish the objective
of the proposed activity; and
- the extent and permanence of
the beneficial and/or detrimental effects which the proposed activity is
likely to have on the public and private uses to which the area is suited.
Section 404(b)(1) of the Clean Water Act
If your project involves the discharge of dredged or fill material, it will
be necessary for the Corps to evaluate your proposed activity under the Section
404(b)(1) guidelines prepared by the Environmental
Protection Agency. The guidelines restrict discharges into aquatic areas
where less environmentally damaging, practicable alternatives exist.
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Forms and Permits
The following forms apply to the permit process:
Application
The form that you will need to initiate the review process is ENG Form 4345
or a joint Federal-state application that may be available in your state. The
appropriate form may be obtained from the district regulatory office which has
jurisdiction in the area where your proposed project is located.
Individual Permits
An individual permit may be issued as either ENG Form 1721, the standard
permit, or as a Letter of Permission.
- A standard permit is one
processed through the typical
review procedures, which include public notice, opportunity for a
public hearing, and receipt of comments. It is issued following a
case-by-case evaluation of a specific activity.
- If work is minor or routine
with minimum impacts and objections are unlikely, then it may qualify for
a Letter of Permission (LOP). An LOP can be issued much more quickly than
a standard permit since an individual public notice is not required. The
District Engineer will notify you if your proposed activity qualifies for
an LOP.
General Permits
In many cases the formal processing of a permit application is not required
because of general permits already issued to the public at large by the Corps
of Engineers. These are issued on a regional and nationwide basis.
Separate applications may not be required for activities authorized by a
general permit; nevertheless, reporting may be required. For specific
information on general permits, contact a district regulatory office.
ENG Form 4336
The third form, ENG Form 4336, is used to assist with surveillance for
unauthorized activities. The form, which contains a description of authorized
work, should be posted at the site of an authorized activity. If the Corps
decides it is appropriate for you to post this form, it will be furnished to
you when you receive your permit.
Fees
Fees are required for most permits. $10.00 will be charged for a permit for
a non-commercial activity; $100.00 will be charged for a permit for a
commercial or industrial activity. The district engineer will make the final
decision as to the amount of the fee. Do not send a fee when you
submit an application. When the Corps issues a permit, you will be
notified and asked to submit the required fee payable to the Treasurer of the
United States. No fees are charged for transferring a permit from one property
owner to another, for Letters of Permission, or for nay activities authorized
by a general permit or for permits to governmental agencies.
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A representation of the application follows the instructions, or you may also download a PDF version.
Blocks 1 through 4. To be completed by Corps of Engineers.
Block 5 - Applicant's Name. Enter the name of the
responsible party or parties. If the responsible party is an agency, company,
corporation or other organization, indicate the responsible officer and title.
If more than one party is associated with the application, please attach a
sheet with the necessary information marked Block 5.
Block 6 - Address of Applicant. Please provide the full
address of the party or parties responsible for the application. If more space
is needed, attach an extra sheet of paper marked Block.
Block 7 - Applicant Telephone Number(s). Please provide the
number where you can usually be reached during normal business hours.
Blocks 8 through 11. To be completed if you choose to have
an agent.
Block 8 - Authorized Agent's Name and Title. Indicate name
of individual or agency, designated by you, to represent you in this process.
An agent can be an attorney, builder, contractor, engineer, or any other person
or organization. Note: An agent is not
required.
Blocks 9 and 10 - Agent's Address and Telephone Number.
Please provide the complete mailing address of the agent, along with the
telephone number where he/she can be reached during normal business hours.
Block 11 - Statement of Authorization. To be completed by
applicant if an agent is to be employed.
Block 12 - Proposed Project Name or Title. Please provide
name identifying the proposed project (i.e., Landmark Plaza, Burned Hills
Subdivision, or Edsall Commercial Center).
Block 13 - Name of Waterbody. Please provide the name of
any stream, lake, marsh, or other waterway to be directly impacted by the
activity. If it is a minor (no name) stream, identify the waterbody the minor
stream enters.
Block 14 - Proposed Project Street Address. If the proposed
project is located at at site having a street address (not a box number),
please enter here.
Block 15 - Location of Proposed Project. Enter the county
and state where the proposed project is located. If more space is required,
please attach a sheet with the necessary information marked Block 15
Block 16 - Other Location Descriptions. If available,
provide the Section, Township, and Range of the site and/or the latitude and
longitude. You may also provide description of the proposed project location,
such as lot numbers, tract numbers, or you may choose to locate the proposed
project site from a known point (such as the right descending bank of Smith
Creek, one mile down from the Highway 14 bridge). If a large river or stream,
include the river mile of the proposed project site, if known.
Block 17 - Directions to the Site. Provide directions to
the site from a known location or landmark. Include highway and street numbers
as well as names. Also provide distances from known locations and any other information
that would assist in locating the site.
Block 18 - Nature of Activity. Describe the overall
activity or project. Give appropriate dimensions of structures such as
wingwalls, dikes (identify the materials to be used in construction, as well as
the methods by which the work is to be done), or excavations (length, width,
and height). Indicate whether discharge of dredged or fill material is
involved. Also, identify any structure to be constructed on a fill, piles, or
float supported platforms.
The written descriptions and illustrations are an important part of the
application. Please describe, in detail, what you wish to do. If more space is
needed, attach an extra sheet of paper marked Block 18.
Block 19 - Proposed Project Purpose. Describe the purpose
and need for the proposed project. What will it be used for and why? Also
include a brief description of any related activities to be developed as the
result of the proposed project. Give the approximate dates you plan to both
begin and complete all work.
Blocks 20 through 22. To be completed if dredged and/or
fill material is to be discharged.
Block 20 - Reason(s) for Discharge. If the activity
involves the discharge of dredged and/or fill material into a wetland or other
waterbody, including the temporary placement of material, explain the specific
purpose of the placement of the material (such as erosion control).
Block 21 - Type(s) of Material Being Discharged and the Amount of
Each Type in Cubic Yards. Describe the material to be discharged and
amount of each material to be discharged withing Corps jurisdiction. Please be
sure this description will agree with your illustrations. Discharge material
includes: rock, sand, clay, concrete, etc.
Block 22 - Surface Area of Wetlands or Other Waters Filled.
Describe the area to be filled at each location. Specifically identify the
surface areas, or part thereof, to be filled. Also include the means by which
the discharge is to be done (backhoe, dragline, etc.). If dredged material is
to be discharged on an upland site, identify the site and the steps to be taken
(if necessary) to prevent runoff from the dredged material back into a
waterbody. If more space is needed, attach an extra sheet of paper marked Block
22.
Block 23 - Is Any Portion of the Work Already Complete?
Provide any background on any part of the proposed project already completed.
Describe the area already developed, structures completed, any dredged or fill
material already discharged, the type of material, volume in cubic yards, acres
filled, if a wetland or other waterbody (in acres or square feet). If the work
was done under an existing Corps permit, identify the authorization if
possible.
Block 24 - Names and Addresses of Adjoining Property Owners,
Lessees, etc., Whos Property Adjoins the Project Site. List complete
names and full mailing addresses of the adjacent property owners (public and
private) lessees, etc., whose property adjoins the waterbody or aquatic site
where the work is being proposed so that they may be notified of the proposed
activity (usually by public notice). If more space is needed, attach an extra
sheet of paper marked Block 24.
Information regarding adjacent landowners is usually available
through the office of the tax assessor in the county or counties where the
project is to be developed.
Block 25 - Information about Approvals or Denials by Other Agencies.
You may need the approval of other Federal, state, or local agencies for your
project. Identify any applications you have submitted and the status, if any (approved
or denied) of each application. You need not have obtained all other permits
before applying for a Corps permit.
Block 26 - Signature of Applicant or Agent. The application
must be signed by the owner or other authorized party (agent). This signature
shall be an affirmation that the party applying for the permit possesses the
requisite property rights to undertake the activity applied for (including
compliance with special conditions, mitigation, etc.).
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Drawings
Three types of drawings - Vicinity, Plan, and Elevation - are required to
accurately depict activities.
Submit one original, or good quality copy, of all drawings on 8½ X 11 inch
white paper (tracing cloth or film may be used). Submit the fewest number of
sheets necessary to adequately show the proposed activity. Drawings should be
prepared in accordance with the general format of the
samples, using block style lettering. Each page should have a title block.
See check list below. Drawings do not have to be prepared by an engineer, but
professional assistance may become necessary if the project is large or
complex.
Leave a 1-inch margin at the top edge of each sheet for purposes of
reproduction and binding.
In the title block of each sheet of drawings identify the proposed activity
and include the name of the body of water; river mile (if applicable); name of
county and state; name of applicant; number of the sheet and total number of
sheets in set; and date the drawing was prepared.
Since drawings must be reproduced, use heavy dark lines. Color shading
cannot be used; however, dot shading, hatching, or similar graphic symbols may
be used to clarify line drawings.
The vicinity map you provide will be printed in any public notice that is
issued and used by the Corps of Engineers and other reviewing agencies to
locate the site of the proposed activity. You may use an existing road map or
US Geological Survey topographic (scale 1:24,000) as the vicinity map. Please
include sufficient details to simplify locating the site from both the
waterbody and from land. Identify the source of the map or chart from which the
vicinity map was taken and, if not already shown, add the following:
- location of activity site
(draw an arrow showing the exact location of the site on the map).
- latitude, longitude, river
mile, if known, and/or other information that coincides with Block 6 on
the application form.
- name of waterbody and the
name of the larger creek, river, by, etc., that the waterbody is
immediately tributary to.
- names, descriptions and
location of landmarks.
- name of all applicable
political (county, parish, borough, town, city, etc.) jurisdictions
- name of and distance to
nearest town, community, or other identifying locations
- names or numbers of all roads
in the vicinity of the site.
- north arrow.
- scale.
The plan view shows the proposed activity as if you were looking straight
down on it from above. your plan view should clearly show the following:
- Name of waterbody (river,
creek, lake, wetland, etc.) and river mile (if known) at location of
activity.
- Existing shorelines.
- Mean high and mean low water
lines and maximum (spring) high tide line in tidal areas.
- Ordinary high water line and
ordinary low water line if the proposed activity is located on a non-tidal
waterbody.
- Average water depths around
the activity.
- Dimensions of the activity
and distance it extends from the high water line into the water.
- Distances to nearby Federal
projects, if applicable.
- Distance between proposed
activity and navigation channel, where applicable.
- Location of structures, if
any, in navigable waters immediately adjacent to the proposed activity.
- Location of any wetlands
(marshes, swamps, tidal flats, etc.)
- North arrow.
- Scale.
- If dredged material is
involved, you must describe the type of material, number of cubic yards,
method of handling, and the location of fill and spoil disposal area. The
drawing should show proposed retention levees, weirs, and/or other means
for retaining hydraulically placed materials.
- Mark the drawing to indicate
previously completed portions of the activity.
The elevation and/or cross section view is a scale drawing that shows the
side, front, or rear of the proposed activity. If a section view is shown, it
represents the proposed structure as it would appear if cut internally for
display. Your elevation should clearly show the following:
- Water elevations as shown in
the plan view.
- Water depth at waterward face
of proposed activity or, if dredging is proposed, dredging and estimated
disposal grades.
- Dimensions from mean high
water line (in tidal waters) of proposed fill or float, or high tide line
for pile supported platform. Describe any structures to be built on the
platform.
- Cross section of excavation
or fill, including approximate side slopes.
- Graphic or numerical scale.
- Principal dimensions of the
activity.
- Names of adjacent property
owners who may be affected. Complete names and addresses should be shown
in Block 5 on ENG Form 4345.
- Legal property description:
Number, name of subdivision, block, and lot number. Section, Township, and
Range (if applicable) from plot, deed, or tax assessment.
- Photographs of the site of
the proposed activity are not required; however, pictures are helpful and
may be submitted as part of any application.
- While illustrations
need not be professional (many small, private project illustrations are
prepared by hand), they should be clear, accurate, and contain all
necessary information.
* Drawings should be as clear and simple as possible (ie, not too
"busy").
APPLICATION
FOR DEPARTMENT OF THE ARMY PERMIT
PRIVACY ACT
STATEMENT
Authority: 33 USC 401, Section 10: 1413, Section 404.
Principal Purpose: These laws require authorizing activities in, or affecting,
navigable waters of the United States, the discharge or fill material into
waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routine Uses: Information provided on
this form will be used in evaluating the application for a permit. Disclosure:
Disclosure of requested information is voluntary. If information is not
provided, however, the permit application cannot be processed nor can a permit
be issued.
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