Hurricane Matthew Alternative Permitting Procedures

The purpose of this notice is to advise the public that the U.S. Army Corps of

Engineers, Wilmington District will initiate the following alternative permitting procedures

in response to conditions resulting from possible erosion, and storm damage

associated with recent passing of Hurricane Matthew. These alternate procedures

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

permit application under standard procedures.

2. Most permitting will likely be accomplished through the nationwide permit (NWP)

program. For example, all aspects of the containment/clean up/restoration operations

may be authorized via NWP 3. 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. Requests for expedited permits associated with Hurricane Matthew 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 transmitted 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. The District will make a permit decision after considering/addressing any

comments submitted by the agencies. It is anticipated that this process can be finalized

within 24-48 hours for most actions.

2. If additional information is needed, please contact Mr. Henry Wicker, Deputy Chief,

of the Wilmington District Regulatory Division, U.S. Army Corps of Engineers.

Mr. Wicker may be reached at (910) 251-4930, or by email at:

henry.m.wicker.jr@usace.army.mil.

Henry Wicker

Deputy Chief, Regulatory Division

Wilmington District