Comments Due: 30 days
Comment Period: November 6, 2023 – December 6, 2023
SUBJECT: The Sacramento District (District), Regulatory Division, is proposing to revise its Section 404 Clean Water Act (CWA 404) Letter of Permission (LOP) procedure for discharges of dredged or fill material into waters of the United States (U.S.) which have minimal or less than significant impacts on the human environment.
The proposed categories of activities to be authorized by the CWA 404 LOP procedure include those which would result in the loss of no more than one (1) acre of waters of the U.S. or 500 linear feet of streambed and would have an overall minor impact, individually and cumulatively, on the aquatic ecosystem and 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 control and storm-water management; 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 (RHA 10) 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 revised CWA 404 LOP procedure is attached. Revisions include combining Sacramento District’s Regulatory Division CWA 404 LOP procedures for California, Nevada, and Utah; revising the compensatory mitigation language to comply with the 2008 Compensatory Mitigation Rule (33 CFR part 332) and applicable regional guidance; adding examples of categories of activities to be authorized, including renewable energy, hydropower, reclamation, and reuse facilities; excluding activities that only need authorization under RHA 10 (e.g., dredging, work, and/or structures in navigable waters); removing pre-application requirements; and, revising the terms and general conditions to ensure the proposed categories of activities to be authorized would result in no more than minor impacts on the aquatic ecosystem. General conditions previously included in the CWA 404 LOP procedures may be added as project-specific special conditions to any CWA 404 LOP when determined appropriate and necessary by the District.
This notice is to inform interested parties of the proposed CWA 404 LOP procedure and to solicit comments. Public Notice SPK-2009-01291 can also be viewed at: www.spk.usace.army.mil/Media/RegulatoryPublicNotices.aspx.
SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2009-01291 must be submitted to the office listed below on or before December 6, 2023.
Leah Fisher, Regulatory Permit Specialist
US Army Corps of Engineers, Sacramento District
1325 J Street, Room 1827, Sacramento, CA 95814-2922
Leah.M.Fisher@usace.army.mil
The District 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 District 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:
404-LOP-Procedure-SPK-2009-01291