Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403
October 2, 2015
PUBLIC NOTICE
EMERGENCY PERMITTING PROCEDURES FOR HURRICANE JOAQUIN
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 recent Passing of
Hurricane Joaquin. These alternate procedures will be utilized until March 30, 2016.
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 unde1iaken 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. Scott McLendon, Chief, of the
Wilmington District Regulatory Division, U.S. Army Corps of Engineers. Mr. McLendon may
be reached at (910) 251-4952, or by email at: Scott.C.McLendom@usace.army.mil.
Chief, Regulatory Division
Wilmington District Corps of Engineers