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.