In this section:
Six Steps to a Civil Works Project
For More Information
Regulatory Program General Information
Explanation of Some
Commonly Used Terms
Frequently Asked Questions
For More Information
Overview
The
Louisville District Corps of Engineers is proud to have prepared these pages to
explain our mission and our capabilities. The Louisville District was
established in 1886, and now employs about 1200 people in the five-state area
of Illinois, Indiana, Kentucky, Michigan, and Ohio. Our civilian workforce is
made up of professional engineers, architects, planners, economists,
biologists, and other specialists and support staff.
The
Louisville District is one of the more diverse Corps districts, having both a
civil works and a military construction function. Traditional Corps projects
include flood control works, such as lakes, levees, and floodwalls, and
navigation facilities, such as locks and dams. However, the mission of the
Corps has changed in recent years to include environ-mental projects, such as
creating new wetlands, restoration of riparian habitat, and the restoration of
abandoned mining lands. And with the Districts military function, we are
involved with the construction of barracks, hangars, schools, child development
centers, and a huge variety of construction projects in support of the Army and
the Air Force. Additionally, the district has considerable experience and
expertise in the handling and disposal of hazardous, toxic and radiologic waste
and in the clean up of Superfund sites. In addition to our roles in planning,
designing, and building all these types of projects, the Louisville District
also operates locks on the Ohio, Kentucky and (Green Rivers, as well as operating
20 lakes for flood reduction. We also administer laws to protect and preserve
the waters of the United States, regulate construction in navigable waters, and
regulate the placement of fill in wetlands.
The purpose
of these pages is to acquaint you with the programs we administer. We have
included a brief overview of some of our most commonly used programs. We’ve
also included names and phone numbers on these fact sheets for you to use to
get more information. You’ll also find information on our regulatory program,
to help you understand the permitting process and give you the names of people
to call when you need help.
If we can be
of any service to you, please call. We’ll be glad to help in any way.
Congress has provided the Corps of Engineers with nine legislative authorities under which the Secretary of the Army, acting through the Chief of Engineers, is authorized to plan, design, and construct certain types of water resource and ecosystem restoration projects without additional and specific congressional authorization These authorities are called the Continuing Authorities Program (CAP) when referred to as a-group. Because no Congressional authorization is needed, projects can be done more quickly than with the General Investigations program. The authorities are for specific purposes and the program has specific Federal spending limits. The following paragraphs provide details on the nine CAP authorities. In the Louisville District, the Continuing Authorities Program consists primarily of stream bank protection of public facilities, flood damage reduction, aquatic ecosystem restoration, and project modifications for improvement of the environment.
Authority: Section 14, Flood Control Act of 1946, (PL
79-526), as amended.
Provisions: This authority is designed to implement projects to protect
essential public (highways, bridges, treatment plants), and non-profit public
(churches, hospitals, schools) facilities and/or services that are open to all
on an equal basis and have been properly maintained but are threatened by
natural processes on stream banks and shorelines. Not more than $1,000,000
Federal contribution (study, design, construct) per site.
Authority: Section 103, River & Harbor Act of
1962, (PL 87-874) as amended.
Provisions: This authority may be used to protect multiple public and private
properties and facilities, and single non-Federal public properties, against
damages (flooding and/or erosion) caused by storm driven waves and currents.
Not more than $3,000,000 Federal contribution (study, design, construct) per
project.
Authority: Section 107, River & Harbor Act of
1960 (PL 86-645) as amended.
Provisions: Under this authority the Corps may (study, and) construct and
maintain navigation projects, using the same procedures and policies that apply
to Congressionally authorized projects. Not more than $4,000,000 Federal
contribution (study, design, construct) per project. In addition, OASA(CW)
policy also stipulates that the Federal share of total costs (initial plus
capitalized value of future maintenance costs) shall not exceed 2.25 times the
initial Federal costs or $4,500,000 whichever is greater.
Authority: Section 111, River and Harbor Act of 1968, (PL 90-483) as amended. Provisions: Under this authority, the Corps may (study, and) construct works (structural and non-structural) to prevent or mitigate damage to coastal or Great Lakes shorelines caused by Federal navigation projects (including A1WW & G1WW). Projects exceeding Federal first cost of $5,000,000 must be specifically authorized.
Authority: Section 204, Water Resources Development Act of 1992 (PL 102-580). Provisions: Under this authority, the Secretary is authorized to carry out projects for the protection, restoration, and creation of aquatic ecologically related habitats, including wetlands, in connection with dredging for construction or O&M of a Federally authorized navigation project. No limit to Federal cost.
Authority:
Section 205, Flood Control Act of 1948 (PL 80-858) as amended.
Provisions: Under this authority, the Corps may (study, and) construct works
(structural and non-structural) to reduce damages caused by over bank flooding.
Not more than $7,000,000 Federal contribution (study, design, construct) per
project.
Sec. 206
Aquatic Ecosystem Restoration
Authority:
Section 206, Water Resources Development Act of 1996 (PL 104-303). Provisions:
Under this authority, the Secretary is authorized to carry out projects to
restore or protect the aquatic ecosystem for the purpose of improving
environmental quality when in the public interest and cost effective. Not more
than $5,000,000 Federal contribution (study, design, construct) per project.
Sec. 208
Snagging & Clearing for Flood Control
Authority:
Section 208, Flood Control Act of 1954 (PL 83-780) as amended.
Provisions: Under this authority, the Corps may (study, and) construct
in-stream clearing and snagging projects to reduce damages caused by overbank
flooding. Not more than $500,000 Federal contribution (study, design,
construct) per project.
Sec. 1135
Project Modifications for Improvement of the Environment
Authority:
Section 1135, Water Resources Development Act of 1986 (PL 99-662) as amended.
Provisions: This section provides authority to review and modify the structures
and operations of water resources projects constructed by the Corps for the
purpose of improving the quality of the environment when it is determined that
such modifications are feasible, consistent with authorized project purposes,
and will improve the quality of the environment. Projects that address
degradation of the quality of the environment caused by a Corps project may
also be undertaken. Not more than $5,000,000 Federal contribution (study,
design, construct) per modification.
For more
information, call Jane Ruhl at 502-315-6862.
Six Steps to a Civil Works Project
For those
projects that do not fit one of the Continuing Authorities, there is a six-step
process to plan, authorize, design and build federal projects. These six steps
are summarized below.
1)
Problem
Perception
Local community (example,
people, businesses) and/or local government perceive or experience water and
related land resource problems (example, flooding, shore erosion, navigation
restrictions, etc.). Problems are beyond local community’s/
government’s capabilities to alleviate or solve.
2)
Request for
Federal Action
Local officials talk to Corps about available federal programs. Technical
assistance and some small projects can be accomplished without congressional
authorization (Continuing Authorities Program). Local officials contact
congressional delegation if study authorization required. Member of Congress
requests study authorization through Public Works Committees.
3)
Study Problem
and Report Preparation
Study is assigned to Corps district
office. Funds to complete a 12-18 month reconnaissance study are included in
President’s budget. Appropriations for reconnaissance provided in annual Energy
and Water Development Appropriations Act District conducts
reconnaissance study, leading to a reconnaissance report. If study continues
beyond reconnaissance phase, local sponsor must agree to share cost of
feasibility phase. Public involvement is an integral part of the planning
process, including review of draft report and draft environmental impact
statement (EIS). Study results in Feasibility Report and EIS, which are
submitted to Corps division (regional office).
4) Report
Review and Approval
Division office, which reviews district work during planning process, completes
technical review of final district Feasibility Report and EIS. Division
engineer submits report to Washington Level Review Center (WLRC) and issues
public notice inviting comments. WLRC conducts Washington review. Final EIS is
filed with Environmental Protection Agency (EPA) and made available to public.
Proposed report of chief of engineers and final EIS are sent to heads of
federal agencies and governom of affected states for comment. Chief of
Engineers considers comments on proposed report and EIS, prepares final report,
and submits it to Secretary of the Army. Chief of Engineers’ report is reviewed
by Assistant Secretary of the Army (Civil Works). Office of Management and
Budget (OMB) comments on report as it relates to President’s programs.
Assistant Secretary of the Army (Civil Works) transmits Chief of Engineers’
report to Congress.
5) Congressional
Authorization
In most cases, Corps continues pre-construction engineering and design
following issuance of Division Engineer’s Notice. Funds are included in
President’s budget and Congress acts on each item in appropriations bill. Chief
of Engineers reports (see Step 4) are referred to committee on public works and
transportation in House and Committee on Environment and Public Works in Senate.
Following committee hearings, civil works projects are normally authorized by a
Water Resources Development Act (Omnibus Bill). Occasionally, Corps proposal is
authorized by separate legislation or as part of another bill.
6) Project
Implementation
New projects are included in Presidents
budget based on national priorities and anticipated completion of design and
plans and specifications so that construction contract can be awarded. Budget
recommendations are based on evidence of support by state and ability and
willingness of non-federal sponsors to provide their share of project cost.
Congress appropriates federal share of funds for new starts; normally, this
occurs in annual Energy and Water Development Appropriations Act. Secretary of
the Army and appropriate Non-federal sponsors sign formal Project Cooperation
Agreement (PCA) once Congress has appropriated funds for project implementation
to begin. The PCA obligates nonfederal sponsors and the Corps to
participate in implementing, operating and maintaining the project according to
requirements established by Congress and administration The PCA embodies the
specific cost sharing responsibilities for the Corps and the project sponsor.
District completes enough engineering and design for developing plans and
specifications for initial project implementation. Construction is managed by
Corps, but done by private contractors. Most projects are operated and
maintained by non-federal sponsors as part of agreement signed prior to
implementation. Corps periodically inspects projects, including those for which
non-federal sponsors have assumed an operation and maintenance responsibility.
If you need more information, please contact one of our Business Development Coordinators. They will be happy to answer any questions you might have.
|
Michael Layman Business Development Coordinator 502-315-6861 |
Jane Ruhl Business Development Coordinator 502-315-6862 |
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 laws that prohibit the obstruction or alteration of navigable waters of the United States without a permit from the Corps of Engineers, prohibit the discharge of dredged or fill material into waters of the United States without a permit from the Corps of Engineers, and authorize the Corps of Engineers to issue permits for the transportation of dredged material for the purpose of dumping it into ocean waters.
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.
Certain terms, which are closely associated with the regulatory program, are explained briefly in this section. If you need more detailed definitions, refer to the Code of Federal Regulations (33 CFR Parts 320 through 330) or contact a Corps district regulatory office.
Activity(ies) as used in this guide includes structures (for example a pier, wharf, bulkhead, or jetty) and work (which includes dredging, disposal of dredged material, filling, excavation or other modification of a navigable water of the United States).
Navigable Waters of the United States are
those waters of the United States that are subject to the ebb and flow of the
tide shoreward to the mean high water mark and/or are presently used, or have
been used in the past or may be susceptible to use to transport interstate or
foreign commerce. These are waters that are navigable in the traditional sense
where permits are required for certain activities pursuant to Section 10 of
the Rivers and Harbors Act. This term should not be confused with the term
waters of the United States below.
Waters of the
United States is a broader term
than navigable waters of the United States defined above. Included are adjacent
wetlands and tributaries to navigable waters of the United States and other
waters where the degradation or destruction of which could affect interstate or
foreign commerce. These are the waters where permits are required for the
discharge of dredged or fill material pursuant to Section 404 of the Clean Water
Act.
Pre-application Consultation is one or more meetings between members of the district engineer’s staff and an applicant and his agent or his consultant. A pre-application consultation is usually related to applications for major activities and may involve discussion of alternatives, environmental documents, National Environmental Policy Act procedures, and development of the scope of the data required when an environmental impact statement is required.
Public Hearings may be held to acquire information and give the public the opportunity to present views and opinions. The Corps may hold a hearing or participate in joint public hearings with other Federal or state agencies. The district engineer may specify in the public notice that a hearing will be held. In addition, any person may request in writing during the comment period that a hearing be held. Specific reasons must be given as to the need for a hearing. The district engineer may attempt to resolve the issue informally or he may set the date for a public hearing. Hearings are held at times and places that are convenient for the interested public. Very few applications involve a public hearing.
The Public Interest Review is the term that refers to the evaluation of a proposed activity to determine probable impacts. Expected benefits are balanced against reasonably foreseeable detriments. All relevant factors are weighed. Corps policy is to provide applicants with a timely and carefully weighed decision that reflects the public interest.
Public Notice is the primary method of advising interested public agencies and private parties of proposed activity and of soliciting comments and information necessary to evaluate the probable impact on the public interest. Upon request, anyone’s name will be added to the distribution list to receive public notices.
Waterbody is a river, creek, stream, lake, pool, bay, wetland, marsh, swamp, tidal flat, ocean, or other water area.
Wetlands are areas inundated or saturated by surface or ground water at a frequency or duration sufficient to support, and under normal circumstances support, a prevalence of vegetation adapted for life in saturated soil conditions. Size is not a limitation. Areas smaller than an acre are regulated.
Jurisdiction is the landward limit of our district’s regulatory jurisdiction in waters of the United States is the ordinary high water mark, which may extend into tributaries and adjacent wetlands.
Ordinary high water mark is the line on the shore established by the fluctuation of the water surface. It is shown by such things as a clear line impressed on the bank, shelving, changes in soil character, destruction of terrestrial vegetation, the presence of litter and debris or other features influenced by the surrounding area. In a wetland, the shoreline is shown by changes in soil, vegetation and water, and may be difficult for anyone but an expert biologist to discern.
Q. When should I apply for a Corps permit?
A. Since two to three months is normally
required to process a routine application involving a public notice, you should
apply as early as possible to be sure you have all required approvals before
your planned commencement date. For a large or complex activity that may take
longer, it is often helpful to have a “pre-application consultation” or
informal meeting with the Corps during the early planning phase of your
project. You may receive helpful information at this point, which could prevent
delays later. When in doubt as to whether a permit may be required or what you
need to do, don’t hesitate to call a district regulatory office.
Q. I have obtained permits from local and state governments. Why do I have to get a permit from the Corps of Engineers?
A. It is possible you may not have to obtain an individual permit, depending on the type or location of work. The Corps has many general permits that authorize minor activities without the need for individual processing. Check with your Corps district regulatory office for information on general permits. When a general permit does not apply, you may still be required to obtain an individual permit.
Q. What will happen if I do work without getting a permit from the Corps?
A. Performing unauthorized work in waters of the United States or failure to comply with the terms of a valid permit can have serious consequences. You would be in violation of Federal law and could face stiff penalties, including fines and/or requirements to restore the area.
Enforcement is an important part of the Corps regulatory program. Corps surveillance and monitoring activities are often aided by various agencies, groups, and individuals, who report suspected violations. When in doubt as to whether a planned activity needs a permit, contact the nearest district regulatory office. It could save a lot of unnecessary trouble later.
Q. How can I obtain further information about permit requirements?
A. Information about the regulatory program is available from any Corps district regulatory office. Information may also be obtained from the water resource agency in your state.
Q. Why should I waste my time and yours by applying for a permit when you probably won’t let me do the work anyway?
A. Nationwide, only three percent of all requests for permits are denied. Those few applicants who have been denied permits usually have refused to change the design, timing, or location of the proposed activity. When a permit is denied, an applicant may redesign the project and submit a new application. To avoid unnecessary delays pre-application conferences, particularly for applications for major activities, are recommended. The Corps will endeavor to give you helpful information, including factors that will be considered during the public interest review, and alternatives to consider that may prove to be useful in designing a project.
Q. What is a wetland and what is its value?
A. Wetlands are areas that are periodically or permanently inundated by surface or ground water and support vegetation adapted for life in saturated soil. Wetlands include swamps, marshes, bogs and similar areas. A significant natural resource, wetlands serve important functions relating to fish and wildlife; food chain production; habitat; nesting; spawning; rearing and resting sites for aquatic and land species; protection of other areas from wave action and erosion; storage areas for storm and flood waters, natural recharge areas where ground and surface water are interconnected; and natural water filtration and purification functions.
Although individual alterations of wetlands may constitute a minor change, the cumulative effect of numerous changes often results in major damage to wetland resources. The review of applications for alteration of wetlands will include consideration of whether the proposed activity is dependent upon being located in an aquatic environment.
Q. How can I design my project to eliminate the need for a Corps permit?
A. If your activity is located in an area of tidal waters, the best way to avoid the need for a permit is to select a site that is above the high tide line and avoids wetlands or other water bodies. In the vicinity of fresh water, stay above ordinary high water and avoid wetlands adjacent to the stream or lake. Also, it is possible that your activity is exempt and does not need a Corps permit or that it has been authorized by a nationwide or regional general permit. So, before you build, dredge or fill, contact the Corps district regulatory office in your area for specific information about location, exemptions, and regional and nationwide general permits.
Q. What do you evaluate in a permit application?
A. First, activities involving discharge of dredged
or fill material into water of the United States must comply with the United
States Environmental Protection Agency guidelines. Activities that fail to
comply with the guidelines normally cannot be permitted.
Second, in the public interest review, the project benefits are weighed
against the negative aspects of the proposal. Permits are issued when the work
proposed complies with the USEPA guidelines, as well as other related laws,
where applicable and does not contravene the public interest.
The review includes:
|
Conservation |
Flood hazard |
Water supply and conservation |
|
Economics |
Mineral needs |
General environmental concerns |
|
Aesthetics |
Water quality |
Fish and Wildlife values |
|
Wetlands |
Energy needs |
Shore erosion and accretion |
|
Navigation |
Floodplains |
Historic properties |
|
Land use |
Recreation |
Food and fiber production |
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Safety |
Public welfare |
Property ownership consideration |
For more information, please contact Mr. Doug Shelton at 502-315-6678, or you can look at the Louisville District web site at http://www.lrl.usace.army.mil.