July 3, 2014
EMERGENCY PERMITTING PROCEDURES FOR HURRICANE ARTHUR
The purpose of this notice is to advise the public that the U.S. Army Corps of Engineers, Wilmington District will initiate the following emergency permitting procedures in response to conditions resulting from possible erosion, and storm damage associated with effects of Hurricane Arthur.
These alternate procedures will be utilized until December 29, 2014:
1. In accordance with 33 CFR 325.2(e)(4), an "emergency" is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures.
2. Some permitting may likely be accomplished through the nationwide permit (NWP) program. For example, all aspects of the maintenance/repair/replacement (of authorized structures) may be authorized via NWP #3. You may review the NWPs on our website at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Permits.aspx . These activities would be accomplished under the authorities of Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344).
3. For those actions which do not qualify for authorization under the terms and conditions of the NWP program, the following procedures will be used:
a. Emergency permitting requests will be reviewed to determine if there is truly an emergency situation associated with the request.
b. If the action is determined to be an emergency, descriptions of the proposed action will be faxed to representatives from each of the commenting agencies, including the State/Commonwealth agencies responsible for Section 401 Water Quality Certification and Coastal Zone Management Consistency if required.
c. A decision will be made after review by the agencies. For most projects, it is anticipated that this process can be finalized within 24-48 hours.
If additional information is needed, please contact Mr. Henry Wicker, Deputy Chief, ofthe Wilmington District Regulatory Division, U.S. Army Corps of Engineers. Mr. Wicker may be reached at (91 0) 251-4930, or by email at: henry.m.wicker.jr@usace.army.mil. Henry Wicker Deputy Chief, Regulatory Division