1. Department of Army Permitting Process: Dredging
Felicity Dodson
Regulatory Project Manager
Regulatory Branch
USACE Galveston District
Dredging Your Docks Seminar
Beaumont, Texas
November 6, 2013

2. U.S. Army Corps of Engineers, Galveston District
50,000+ square miles
700 miles of coastline
48 counties, portions of
4 Louisiana parishes
16 Congressional Districts
26 Regulatory Project Managers
8 Branch Leaders
10 Support Staff Members
Custodians of
the Coast

3. Section 10 Rivers and Harbors Act of 1899 (33 U.S.C. 401)
Structures and/or work in, or affecting, navigable waters of the United States.
Structures and/or work outside the limits of navigable waters, IF these structures or work could affect the course, location, or condition of the waterbody so as to impact its navigable capacity.
Artificial islands, installations, or other devices on the outer continental shelf. .

4. Section 404 Clean Water Act (33 U.S.C 1344)
Discharge of dredged or fill material.
Activities Regulated as a Discharge:
Addition of dredged material to a specified discharge site located in waters
Runoff or overflow from a contained land or water disposal area
Any addition, including more than incidental redeposit of dredged material, mechanized land clearing, ditching, channelization, or other excavation

5. Section 103 Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act - 33 U.S.C. 1413)
Transportation of dredged material by vessel or vehicle for purpose of dumping in ocean waters at sites designated by EPA under 40 CFR 228.
Dredged material, for purposes of Section 103, means any material excavated or dredged from “navigable” waters of the United States.

6. Department of the Army (DA) Permits
Nationwide Permits
Authorizes Section 10 and Section 404 actions
Minimal impact to aquatic environment
Streamlined permit review process
Letters of Permission
Authorizes Section 10 Actions ONLY
Non-Controversial Actions
15-day Interagency Coordination
Standard Permit
Authorizes Section 10 and Section 404 Actions
Controversial Actions
30 Day Public Notice

7. Nationwide Permits (NWPs) for Docks and Dredging
NWP 3 – Maintenance (not including dredging)
NWP 13 – Bank Stabilization
NWP 19 – Minor Dredging
NWP 35 – Maintenance Dredging of Existing Basins
NWP 16 – Water Quality Certification for return water from upland disposal
BE SURE TO CHECK:
Pre-Construction Notification (PCN) requirement
General Conditions (All NWPS)
Regional Conditions (by state or geographic region)

8. Applying for a DA Permit
Engineer Form 4345, with original signatures
Signed Agent Authorization
Complete description of the proposed activity including supporting documentation, and plans sufficient for Public Notice
[Per 33 CFR 325.1(d)(1)]
Call the Corps if you have questions!

9. Why does the permit process take so long?
Primary cause of delay for applications is incomplete, inaccurate, or contradictory information.

10. Project Plans (Drawings)
8.5” by 11” paper, color is ok if legible.
Include all jurisdictional work, adjacent structures, access roads, staging AND Dredge Material Placement Areas (DMPAs).
Good vicinity map(s), including DMPAs.
Scale or stated dimensions
Complete Legend
All Drawings must be consistent - Tables and written descriptions MUST MATCH drawings!

11. Vicinity Maps: As if you’ve never been there before
Insufficient
Good
Compass or North Arrow
Show location in relation to some known point.
Lat/Lon or UTM coordinates are extremely helpful.
Old plans and maps may need to be updated for permit amendments, if they are no longer legible.

12. TMI (Too Much Information)!
Limit information to only what is necessary for permit evaluation purposes.

13. Example Plans: Dredge site

14. Example Plans: Confined Placement Area with Levees

15. Submitting the Application
Attach all supporting information - maps, drawings, photos, etc.
Sign and date the Application (Engineer Form 4345)
Review for 3 “C”s:
Correctness
Consistency
Completeness
Keep copies of all submitted pages.
Mail application with original signatures.

16. Specific Issues Related to Dredge Material Placement
Confined Upland Placement
Beneficial Use (BU) Options
Material testing requirements
If DMPA/BU site is located in Louisiana, coordination with LA State Agencies is required

17. Confined Placement Areas
Lake Huron
Craney Island (Portsmouth, VA)
Sabine Neches Water Way

18. Beneficial Uses of Dredged Material
Wetland Habitat
Shoreline Protection
Beach Renourishment
Recreation
Agriculture
Island Habitat
Construction Fill
Construction Materials

19. Sediment Testing Requirements
May be required by multiple agencies
Navigation District
State Water Quality Certifying agency (TCEQ, LADEQ)
EPA (in certain cases)
Early consultation can save your schedule and budget!

20. How We Can Help
Pre-application meetings are available to get feedback in your project while in the planning stages.
Regulatory project managers and staff are here to help. If you have a question, ASK!

21. Questions! Contact us: Mailing Address: U. S. Army Corps of Engineers
Galveston District  CESWG-PE-R  P.O. Box 1229  Galveston, TX
Telephone:  Fax: 
(call ahead to schedule a meeting)
District Office Location:
U.S. Army Corps of Engineers  Jadwin Building  2000 Fort Point Road  Galveston, TX 77550
On the web at: