Application for an Individual Permit requires submittal of a complete application, along with required documentation and attachments, such as drawings and maps (see also 33 CFR 325.2), to the appropriate Albuquerque District Regulatory Division office that covers the area where the project is located. The goal for a non-controversial Individual Permit is to complete the review process and reach a permit decision in 120 days (see also 33 CFR 325.2(d)). This includes issuance of a public notice, evaluation of the project's effects on waters of the United States, and drafting and transmittal of the permit. This does not include time needed to make a final jurisdictional determination, if required, or to establish the effects of the project on waters of the United States. The more complex a project is, the longer it may take to evaluate. Note, projects requiring an Environmental Impact Statement (EIS) may take years to complete.
NOTE: While hard copy submittals are still accepted and processed, the Albuquerque District Regulatory Division makes every effort to reduce impacts to the environment and prefers to receive electronic submittals. Submitting hard copy submittals may increase processing times.
After receiving your application, the Corps may request additional information such as more detailed maps, alternative site analysis, and compensatory mitigation plans. Prospective applicants are encouraged to visit the Albuquerque District website or ask the Corps representative for copies of public notices that have been issued in the past to serve as a template for your application. Pre-application consultation is strongly encouraged in order to ensure that unnecessary impacts to aquatic resources are minimized and avoided as much as possible. This will generally result in a smoother, more timely permit evaluation process.
It should also be noted that a fee in the amount of $100.00 for commercial projects or $10.00 for general public non-commercial projects must be paid before the permit can be issued. The check should be made payable to the "Finance and Accounting Officer, UFC, Albuquerque", and mailed to the attention of the Regulatory Division at: 4101 Jefferson Plaza NE, Albuquerque, New Mexico, 87109.
Required Application Information:
- Pre-application meeting for projects with large proposed impacts (strongly encouraged)
- Applicant revises plans in response to pre-application meeting
- Applicant submits ENG Form 4345, including all required elements
- Corps receives application and assigns action number
- Corps acknowledges application and may request additional information
- Applicant supplies requested additional information, if needed
- Corps completes a jurisdictional determination. (Providing a wetland delineation can expedite the entire permit evaluation.)
- Corps issues public notice and requests comments from public, government agencies, organizations, etc.
- Corps consults with other federal agencies as appropriate. Individual Water Quality Certification (401(b)) must be obtained from the State.
- Corps reviews comments and forwards adverse comments to applicant for response within 15 days
- Environmental Assessment or Environmental Impact Statement initiated (if needed)
- Public hearing held (if needed)
- Corps prepares NEPA documents and makes Record of Decision or Statement of Finding
- Corps makes permit decision within 120 days of receiving a complete application packet and all requested information, a final jurisdictional determination, closure of the public notice comment period (if no adverse comments), and issuance of water quality certification
- Corps issues or denies permit
Please note, a number of factors may cause a delay in permitting, such as:
- Other permits needed (e.g., 401 water quality certification)
- Cultural resources
- Endangered species
- Project complexity
- Objections to the project and/or public hearings
- NEPA documentation (for projects requiring an EIS)
- Failure on the part of the applicant to supply requested information
- Violations (work proceeding prior to authorization)
State Historic Preservation Offices (SHPO):
New Mexico Historic Preservation Division
Texas Historical Commission (THC)