Public Notice of Regulatory Program Priority for the U.S. Army Corps of Engineers, Sacramento District
DATE: September 4, 2024
SUBJECT: The Sacramento District is prioritizing requests for permits over other actions it executes under the Regulatory Program. Prioritizing requests for permits enables the Sacramento District to direct available resources toward the fundamental mission of regulating activities in the nation’s waters and providing the public with efficient and timely service. This notice is to inform interested parties about this prioritization.
DESCRIPTION: The purpose of this notice is to provide an update on the Sacramento District’s priority in its administration of the U.S. Army Corps of Engineers’ Regulatory Program.
Effective the date of this notice, the Sacramento District will prioritize the processing of requests for Department of the Army (DA) permits (permit requests) over other actions it executes under the Regulatory Program. Other actions it executes include, but are not limited to, conducting permit compliance inspections, investigating alleged violations, and processing requests for aquatic resource (AR) delineation verifications and jurisdictional determinations (JD) that do not accompany a permit request (i.e., “standalone”).
Prioritizing requests for permits enables the Sacramento District to direct available resources toward the fundamental mission of regulating activities in the nation’s waters and providing the public with efficient and timely service. This prioritization effort also positions the Sacramento District to more effectively respond to an anticipated increase in permit requests over the next few years.
As a result, it may take several months for the Sacramento District to take action on requests for standalone AR delineation verifications and preliminary JDs (PJDs). Requests for standalone approved JD (AJDs) will take longer, in some cases more than a year, due to additional documentation and coordination with the U.S. Environmental Protection Agency (USEPA). There is NO requirement a project proponent receive a standalone AR delineation verification, PJD, or AJD from the Sacramento District before submitting a permit request.
The Sacramento District will give priority to a request for an AR delineation verification or JD when it accompanies a permit request (i.e., not standalone). When accompanied by a permit request, an AR delineation verification or PJD will be processed more quickly than those that involve an AJD due to additional documentation and coordination with the USEPA. Note an applicant can administratively appeal an AJD at any time, including while a permit request is being processed or after a permit decision is rendered by the Sacramento District.
Project proponents should seek advice from a private sector environmental consultant as to whether waters of the U.S. may be present at a proposed project site. Many consultants properly apply the 1987 Army Corps of Engineers Wetland Delineation Manual and appropriate regional supplement(s) to delineate wetlands, as well as the standards for making ordinary high water mark determinations for other waters. These consultants have also stayed abreast of changes to the definition of waters of the U.S. since the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency, including memoranda provide by the Headquarters of the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers. With an understanding of both the technical and administrative aspects of waters of the U.S., many consultants are positioned to advise their clients on federal jurisdiction including when a permit may or may not be needed.
The Sacramento District encourages project proponents to use the Regulatory Request System (https://rrs.usace.army.mil/) when submitting requests for permits, pre-application meetings, AR delineations verifications, PJDs, and AJDs. Information about the U.S. Army Corps of Engineers, including the Regulatory Program under the Civil Works mission area, can be found at usace.army.mil. Additional information can be found on the Sacramento District’s website at https://www.spk.usace.army.mil/ under Permits.
Thank you.
Michael Jewell
Chief, Regulatory Division
U.S. Army Corps of Engineers, Sacramento District