Figure 4. US Army Corps of Engineers Permitting Process

Authorities

Section 10 of the Rivers and Harbors Act of 1899
Requires approval prior to any work in or over navigable waters of the United States, or which affects the course, location, condition or capacity of such waters

Section 404 of the Clean Water Act
Requires approval prior to discharging dredged or fill material into the waters of the United States

The Players

• National Marine Fisheries Service (NMFS)
• U.S. Fish and Wildlife Service (USFWS)
• U.S. Environmental Protection Agency (EPA)
• State Historical Preservation Officer (SHPO)
• Environmental Groups
• Public

Application Process

1. Application Received
2. Corps Reviews for Completeness
3. Request for Additional Information
4. Public Notification
5. Public Reviews Project
6. Comments Sent to Applicant
7. Applicant Provides Response
8. Agencies Respond to Applicant
   (Remove Objections/Add. Comments)
9. Evaluation of Comments
   (Additional Coordination?)
10. Preparation of Decision Document
• EA (statement of findings)
• EIS
11. Final Decision

The Permit Process Also Involves:

• National Environmental Policy Act
  • Environmental Assessments
  • Environmental Impact Statements
• 404 (b)(1) Guidelines
• Public Interest Review Factors