Comments Due: 30 days
Comment Period: May 3, 2024 – June 2, 2024
SUBJECT: The United States (U.S.) Army Corps of Engineers (Corps), Albuquerque, Los Angeles, Sacramento, and San Francisco Districts (Districts) are proposing to establish a regional Section 404 Clean Water Act (CWA 404) Letter of Permission (LOP) abbreviated processing procedure for authorizing activities involving the discharge of dredged or fill material into waters of the U.S. which have minimal or less than significant impacts on the human environment.
The proposed categories of activities to be authorized using the regional CWA 404 LOP procedure include those which would result in the conversion of no more than one (1) acre of waters of the U.S. to dry land, except for open water within a reservoir, which may exceed 1 acre on a case-by-case basis, or the conversion of no more than 500 linear feet of streambed to underground pipe(s)s or culvert(s), and would have an overall minimal impact, individually and cumulatively, on aquatic resources and the human environment. Examples of activities to be authorized include, but are not limited to: residential, commercial, industrial, recreational, agricultural, and municipal development; renewable energy; transportation, infrastructure, and utility lines; mining; flood and sea level rise protection; storm-water management and polishing; survey, research, testing and monitoring; environmental remediation, restoration, and enhancement; repair, rehabilitation, and maintenance; and hydropower, reclamation, and reuse facilities. However, bridges and pipelines constructed over waters covered under Section 10 of the Rivers and Harbors Act of 1899 are not authorized under this procedure and require coordination with the U.S. Coast Guard under Section 9 of the Rivers and Harbors Act of 1899.
A copy of the proposed regional CWA 404 LOP procedure is attached.
This notice is to inform interested parties of the proposed regional CWA 404 LOP procedure and to solicit comments.
SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2009-01291 must be submitted to the office listed below on or before June 2, 2024.
Leah Fisher, Regulatory Permit Specialist
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 860, Sacramento, CA 95814-2922
The Corps is particularly interested in receiving comments related to the probable impacts on the affected aquatic environment and the secondary and cumulative effects. Anyone may request, in writing, that a public hearing be held to consider this procedure. Requests shall specifically state, with particularity, the reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location. Please note that all comments received are subject to release to the public through the Freedom of Information Act. If you have questions or need additional information please contact Regulatory Permit Specialist, Ms. Leah Fisher, at (916) 557-6639 or Leah.M.Fisher@usace.army.mil.
Attachment:
draft-Regional-404-LOP-Procedure