Letters Of Permission

The Corps Regulatory Program prefers to receive electronic submittals per our mission to reduce impacts to the environment. However, hard copy submittals will be accepted and processed.

A Letter of Permission (LOP) is a type of individual permit issued through an abbreviated processing procedure that includes coordination with federal and state fish and wildlife agencies, and a public interest evaluation, but without the publishing of an individual public notice. The LOP cannot be used to authorize the transportation of dredged material for the purposed of dumping it in ocean waters.

LOPs may be used:

(1) In those cases subject to Section 10 of the Rivers and Harbors Act of 1899, when the Corps has determined the proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and should encounter no appreciable opposition. Examples of activities that may qualify for a Section 10 LOP include: fixed or floating small private boat docks, private piers, maintenance dredging using existing disposal sites, etc.

Or

(2) In those cases subject to Section 404 of the Clean Water Act after:

(A) The district engineer, through consultation with Federal and state fish and wildlife agencies, the Regional Administrator, Environmental Protection Agency, the state water quality certifying agency, and, if appropriate, the state Coastal Zone Management Agency, develops a list of categories of activities proposed for authorization under LOP procedures;

(B) The district engineer issues a public notice advertising the proposed list and the LOP procedures, requesting comments and offering an opportunity for public hearing; and

(C) A 401 certification has been issued or waived and, if appropriate, CZM consistency concurrence obtained or presumed either on a generic or individual basis.

LOP procedures can be found within the "USACE, Clean Water Act 404 Letter of Permission Procedure" issued September 20, 2024 and can be accessed here. This procedure applies to the LOP process of efficiently evaluating activities that involve a discharge of dredged or fill material into waters of the United States (U.S.) under Section 404 of the Clean Water Act (CWA 404) which have minimal or less than significant impacts on the human environment under the National Environmental Policy Act (NEPA). This procedure is applicable within the Albuquerque District Regulatory Boundaries and Navajo Nation.

 

The Albuquerque District developed the following LOP, which is applicable within the State of New Mexico.

  • Maintenance Activities at Certain Existing Structures/Facilities Conducted by Government Agencies (LOP NM-1)
    •  Whom it applies:  Albuquerque Metropolitan Arroyo Flood Control Authority, Southern Sandoval County Arroyo Flood Control Authority (SSCAFCA), Bernalillo County, and Village of Ruidoso are the permittees for this LOP procedure.  Prospective permittees who would like to be considered for approval by the Corps to use this LOP procedure must be a government or quasi-government organization with an operations and maintenance program for facilities or structures located in an urban area that they are responsible for or own.  
    • This LOP procedure shall apply to maintenance work at facilities and structures operated and maintained by the permittees located within the state of New Mexico in all waters of the United States (U.S.), including wetlands.  Maintenance is the repair, rehabilitation, or replacement of a facility, structure or fill. Maintenance does not include new construction. examples include:
      •  sediment removal from earthen and concrete structures;
      • erosion repair and control; concrete repairs;
      • vegetation removal;
      • trash removal;
      • vactor cleaning; access control;
      • slide gate servicing; water monitoring; water quality monitoring;
      • bank restoration;
      • pipe and structure repairs; and
      • work associated with these activities, such as temporary diversion structures.
  • Excavation Activities (LOP NM-2)
    • This LOP procedure shall apply to work in all waters of the U.S., including designated navigable waters, located within the State of New Mexico. 
    • Work authorized by LOP under this procedure is limited to discharges of dredged or fill material associated with excavation activities in waters of the U.S., including designated navigable waters. The Categories of Activities that may be authorized by LOP under this procedure are as follows: 
      • Category A: Returning Engineered Projects to Original Design: Excavation activities associated with returning engineered projects or facilities to the original designed or asbuilt physical characteristics (e.g., depth, width, length, location, configuration, or design flood capacity, etc.).  Note that stormwater management facilities that are determined to be waste treatment systems under 33 CFR 328.3(a)(8) are not waters of the U.S., and maintenance of these waste treatment systems generally does not require a Section 404 permit. 
      • Category B: Removing or Reducing Flood Hazards in Disturbed Watersheds: Removal of sediment and debris that would lower the risk of flood impacts in watersheds damaged by wildfire and other significant disturbances such as flooding. Activities authorized by LOP under this procedure and category include, restoring flow conveyance/channel geometry to pre-flood event dimensions by removing accumulated sediment and debris, associated sloping and minor stabilization of vertical banks to prevent collapse, and temporary access roads associated with the removal activity. Activities are limited to an area of no more than 5 acres of waters of the U.S. and designated navigable waters, unless this limit is waived in writing by the District Engineer.   
      • Category C: Providing for Protection of Existing Infrastructure: Removal of debris, trash, flood-deposited unrooted woody and herbaceous vegetation, fallen trees, dead trees which are in danger of falling in or across a waterbody, and branches and associated debris which reduces waterbody capacity and would result in accelerated erosion and/or damage to an existing structure. Removal of silt, sand or sediment that obstructs flow in the immediate vicinity of a structure to the approximate dimensions that existed when the structure was built.
      • Category D: Other Sediment and Debris Removal: Removal of sediment and debris in ephemeral and intermittent streams, that is not associated with an engineered project or facility, or within a disturbed watershed, that is necessary for alleviating flood hazards or other adverse impacts on the aquatic or human environment.   
      • Category E: Sand, Gravel and Aggregate Mining:  Excavation activities associated with existing sand, gravel, and aggregate mining; or new sand, gravel, and aggregate mining in ephemeral streams. Mine must be registered with the State of New Mexico Mining and Minerals Division (MMD) Mine Registration Program and the U.S. Department of Labor, Mine Safety Health Administration (MSHA); and is compliance with all applicable federal, state and local laws and regulations. For the purposes of this LOP procedure, sand, gravel and aggregate mining is defined as operating sand and gravel pits, including dredging for or otherwise extracting sand, gravel, and aggregate; and washing, screening or otherwise preparing sand and gravel. 

Currently, within the Albuquerque District, LOP procedures have been established in the State of Texas.

Carefully read the procedure for your area to determine if your proposed activity qualifies for authorization under an LOP and the information required for a complete application.