Permit Coordination and Evaluation

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1 Permit Coordination and Evaluation Presented by USACE Detroit District Regulatory Office and MDEQ Water Resources Division October 10, 2017 US Army Corps of Engineers BUILDING STRONG

2 Permit Coordination and Permit Process Evaluation Common Regional and Nationwide Permits/DEQ MP and GP Standard Permits and coordination with other agencies/tribes Threatened and Endangered Species Historic Properties Time extensions Modifications Enforcement

3 Permit Evaluation Flow-Chart Pre-Application Meeting (optional) Application Evaluation/Coordination Decision

4 Pre-Application Meetings Streamline application process Program education Information requirements Factors weighing heavily in decision Impact reduction

5 Applying for a Permit DEQ Permit Process DEQ Permit Decision Corps Permit Process Corps Permit Decision Michigan Joint Permit Application Separate, independent review processes and decisions

6 Other Permit Requirements Most projects that require Corps permits also require State permits Section 401 Water Quality Certification Coastal Zone Management Certification (DEQ) Check county/local requirements

7 Corps Permit Fees Application no fee General Permits no fee Letter of Permission no fee Standard Permits Government no fee Individual $10.00 Commercial $ Fees charged at time of permit issuance

8 Corps Permit Evaluation Approximate Timeframes From the time we receive a complete application May vary for complex projects General permits 90% < 60 calendar days Individual permits 79% < 120 calendar days (Based on 2016 data)

9 Types of DEQ Permits and fees General Permit $50 Minor Project $100 Individual Permit $500 Major Projects $2000 Separate fees for Revisions and transfers Marinas Critical Dunes High Risk Erosion Hydraulic reviews Dam Projects Appendix C fees or call your District office

10 MiWaters Pre-Application Meeting (optional) Applications Complaints/Spills Floodplain Elevations Revisions/Transfers Mitigation Reports

11 Types of Corps Permits General Permit Nationwide Regional Individual Permit Letter of Permission Standard Permit Requires public notice Requires EA

12 Corps Permit Types in Michigan Letter of Permission Regional General Permit Standard Permit Nationwide Permit

13 Corps General Permits Regional and Nationwide permits Statewide or Nationwide Public Notices Corps verifies that work qualifies under terms and conditions of permits

14 Corps Regional General Permits in Other Regional Permits Michigan Annual Dredging Spring Piles/Pile Clusters Seawalls & Backfill Individual Dredging Removal of Structures Docks-Permanent and Seasonal Riprap / Revetment Boat Hoists

15 Corps Nationwide Permits in Michigan Other Nationwide Permits NWP 3 - Maintenance NWP 19 - Minor Dredging NWP 7 - Outfall Structures and Associated Intake Structures NWP 27 - Aquatic Habitat Restoration/Establishment/ Enhancement NWP 13 - Bank Stabilization NWP 18 - Minor Discharges NWP 35 - Maintenance Dredging of Existing Basins NWP 12 - Utility Line Activities NWP 14 - Linear Transportation Projects

16 Structures Seawalls Docks Boat Hoists

17 Shore Protection Riprap NWP 13 Bank Stabilization

18 Dredging Regional Permit for individual and annual dredging NWP 35 Maintenance Dredging of Existing basins

19 Commonly used NWPs Maintenance Utility Lines

20 DEQ permitting tiers General Permits $50 Public Notice Projects Minor $500 Projects $100 Major Projects $2000 MP/GP Criteria are available at:

21 DEQ Resource Permits The DEQ issued 4,273 Resource permits in 2016 EPA 1%

22 DEQ General Permit Example The proposed project has to meet all of the criteria and only apply to the statues listed. If not, the project still may be permittable, just not as a GP.

23 DEQ Minor Permit Example The proposed project has to meet all of the criteria and only apply to the statues listed. If not, the project still may be permittable, just not as a MP.

24 DEQ Individual Permits Most other projects that do not meet a GP or MP category Public Notice 20 days Public Hearing, if requested

25 DEQ Major Projects Projects with a significant amount of impact proposed Dredging of 10,000 yd 3 or more Filling of 1 acre of wetland Seawalls, bulkheads 500 ft or more Stream enclosures of 100 ft Subdivisions or condos Stream relocations of 500 ft Filling of 10,000 yd 3 New dredging in area of contamination

26 Corps Individual Permits Letters of Permission Structures and work only Standard Permits More intensive review process

27 Letters of Permission Structures and work only, no fill 15 day coordination period Often requires DEQ permit before Corps issuance

28 Standard Permits Public notice typically for 20 days If Corps receives comments they are coordinated with applicant

29 Public Interest Factors Water Quality Shoreline Erosion/Accretion Floodplain Issues Navigation Concerns Aquatic Organisms Wildlife Conservation and Overall Ecology Visual aesthetics Wetlands Noise Historic Values Land Use Economics Property Ownership Others

30 Federally Threatened/Endangered Species and Critical Habitat in Southeastern Michigan Eastern Massasauga Northern Riffleshell Indiana Bat Northern Longeared Bat Eastern Prairie Fringed Orchid Rufa Red Knot

31 Threatened/Endangered Species, Critical Habitat Are federally listed species or critical habitat present? Survey may be required If present, will the proposed work affect them, and how?

32 Dwarf Lake Iris Survey

33 Avoidance possible?

34 Threatened/Endangered Species, Critical Habitat Corps consultation with FWS Project modifications or special conditions may be required

35 State Threatened/Endangered Species Channel darter Powshiek skipperling Least Bittern Lake sturgeon Spotted turtle Painted trillium Cerulean warbler Goldenseal Sullivant s milkweed Eastern fox snake Round Hickorynut

36 Historic properties Identify historic properties Evaluate historic significance Determine effects Consultation State Historic Preservation Officer (SHPO) Tribal Historic Preservation Officer (THPO) Consulting parties (public) Resolution of adverse impacts

37 Historic Properties National Register of Historic Places Listed or eligible for listing Corps determines eligibility Districts, sites, buildings, structures, objects Shipwrecks Archaeological or cultural resources Archaeological surveys may be required for projects involving ground disturbance NOAA

38 Historic Properties Permit Area Original proposal Alternative Permit Area

39 Resolution of Adverse Effects Minimization/Mitigation includes actions such as: Limiting the magnitude of the undertaking Modifying the project Rehabilitation or repairing a structure Documentation Relocation Data recovery

40 404(b)(1) Guidelines Relates to discharges of dredged or fill material Least environmentally damaging practicable alternative Mitigation sequence: Avoidance Minimization Compensatory mitigation

41 Practicable Available and capable of being done after taking into consideration: cost existing technology logistics in light of overall project purposes

42 Purpose Key factor in 404(b)(1) Guidelines analysis Basic project purpose Water dependency Overall project purpose Alternatives analysis

43 Alternatives analysis Original proposal Alternative

44 Alternatives analysis Original proposal Realign marina Alternative Reduce size of fishing dock; locate gazebo in upland

45 Alternatives analysis Original proposal Alternative Locate condos, driveways and parking in uplands Open-pile boardwalk crosses wetland and stream

46 Alternatives analysis Original proposal Alternative Excavate upland area for recreational beach Protect shoreline only where necessary

47 Alternatives analysis Original proposal Alternative Directional drill for utilities instead of trenching

48 Cumulative impacts Aggregate effects of individual projects Past, present, and reasonably foreseeable future projects

49 Permit Evaluation Decision Issued as proposed Issued with modifications and/or special conditions Denied

50 DEQ review process GP, MP, Individual and Major project are all reviewed based on the applicable statues Each statue has slight different review criteria

51 Public trust Perpetual duty of state to secure to its people the prevention of pollution, impairment, or destruction of its natural resources, and rights of navigation, fishing, hunting, and use of its lands and waters for other public purposes.

52 Riparian rights Riparian rights Access to navigable waters Dockage to boatable waters, known as wharfage Use of water for general purposes, such as bathing or domestic use Title to natural accretions

53 DEQ Part The department shall not issue a permit if the project will adversely affect the public trust or riparian rights will unlawfully impair the waters or other natural resources of the state The department will consider the possible effects on the inland lake or stream and its uses including uses for recreation, fish and wildlife, aesthetics, local government, agriculture, commerce, and industry.

54 DEQ Part a Marina review criteria Riparian interest area Navigation Slip lengths Ingress and egress for maneuverability

55 DEQ Part Great Lakes lease review criteria The Department may permit, by lease or agreement, projects In the public interest Which will not impair or substantially injure the public trust Have terms and conditionals that are just and equitable

56 DEQ Part Wetland review criteria A permit for an activity listed in Section shall not be approved unless The project is in the public interest Permit is necessary to realize the benefits Activity is lawful No unacceptable disruption to aquatic resources The project is wetland dependent A feasible and prudent alternative does not exist.

57 DEQ Part High Risk Erosion review criteria Readily movable need to meet the calculated 30yr setback. Non-readily movable need to meet the calculated 60yr setback.

58 DEQ Part Floodplain review criteria Harmful interference for projects in floodway No habitation of the floodway Proper elevations above the floodplain Cut/fills for projects over 300 cubic yards Goal: no loss of floodplain storage

59 Corps Time Extensions Provided the permit has not expired a time extension may be granted Proposed project can not have changed A explanation of delay and proposed timeline for the completion is provided Submit the request no less than one month prior to the permit expiration date

60 Corps Permit Modifications Don t wait until the last minute Modifications may be made provided the scope of the project has not changed Change in project purpose can require a modification of the permit

61 Permit Details Be sure the permits are obtained prior to the start of work Double check to see if there are differences between what the DEQ authorized and what the Corps authorized Provide all parties involved with the project a copy of the permit for their records All persons involved are responsible parties charged with project compliance

62 Compliance and Enforcement Inspections on authorized projects are conducted on a regular basis

63 Compliance and Enforcement Permit non-compliance Work is not in accordance with a permit Resolutions Restoration of work that exceeds permit Permit modification Suspend/revoke permit -- civil or criminal action

64 Compliance and Enforcement Reporting Potential Unauthorized Activities Complainants are anonymous Information about the activity Nature of the activity? Location? Contractor/person involved? Is the activity on-going? When did the activity start?

65 Compliance and Enforcement Investigate reports of unauthorized activities Does the activity require a permit? Has a permit been issued? Does the activity comply with the permit?

66 Compliance and Enforcement Unauthorized Activity Resolutions Voluntary restoration -- partial or full After-the-fact permit -- partial or full Civil litigation -- can have consent decree Criminal litigation -- flagrant knowing violator

67 Corps ATF Permits May not be possible to authorize all or parts of the project ATF order to restore may be required Must be coordinated with the state In many instances we cannot issue an ATF without prior authorization from the DEQ

68 Compliance and enforcement is an important component of all DEQ programs Before

69 This violation involved wetlands, floodplains and inland lakes and streams. After

70 This violation involved wetlands (multi acres) and inland lakes and streams Fill in a trout stream

71 Forested wetland cut, hydric soil removed and fill brought in Attempted to fill a spring

72 Under restoration order the fill was removed, hydric soil replaced

73 Planted with native wetland plants, new trees are too small to see in photos

74 Questions?