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Permitting Process (Within RMV Planning Area)


Overview

The Corps issues LOPs for activities within eligible areas within the RMV Planning Area that are consistent with the purposes and goals of the SAMP. The LOP authorization is an abbreviated method for issuing an individual permit, where a decision to issue a final permit authorization for particular activities is made after coordination with federal and state fish and wildlife agencies, a public interest evaluation, and a concise environmental review. In addition, review involving other resource agencies will insure adverse impacts are minimized to the maximum extent practicable.

Eligibility

To determine whether your proposed project is eligible for abbreviated LOP permitting within the RMV Planning Area click here.

Application

If your project is eligible for LOP permitting, proceed by submitting the following application materials:
  1. A completed Department of the Army application form Eng Form 4345.
  2. A complete project description, which includes:
    1. Pre-project photographs of the project site;
    2. A site location map and view of the project showing areas and acreage to be impacted on 8.5" x 11" sheets;
    3. Location coordinates: latitude/longitude or UTM's;
    4. Volume, type and source of material to be placed into WoUS;
    5. Total area of WoUS to be directly and indirectly affected based on the 2004 delineation unless otherwise specified by these permitting procedures;
    6. A verified delineation of WoUS located in the project area including a wetland delineation map on 8.5" x 11" sheets;
    7. A description of habitat, including plant communities, located in the project area;
    8. A description of methods to minimize adverse impacts to water quality or aquatic function at the project site including best management practices used during project implementation to control siltation and erosion to ensure consistency with measures required in the final EIS and permit conditions;
    9. Any other information pertinent to the wetlands, stream, or water body involved; and
    10. Proposed project schedule.
  3. A statement relating the project to authorized activities and associated ARCA dedication requirements as indicated in the Section 404(b)(1) Guidelines alternatives analysis completed as part of the SAMP EIS and the RMV individual permit special conditions.
  4. A statement relating the particular project to minimization measures for indirect effects identified in the RMV individual permit special conditions.
  5. A mitigation plan addressing unavoidable impacts to WoUS and the program goal of no net loss of wetlands consistent with the RMV individual permit special conditions.
  6. A statement relating the project to the programmatic Section 7 consultation with USFWS for the SAMP, or with the local Natural Community Conservation Planning Program, as applicable.
  7. Evidence of compliance with the National Historic Preservation Act.
Processing Procedures

Upon receipt of a complete application, the Corps will process the application by following the procedure detailed below:
  1. The applicant will provide the Corps and the review agencies a complete application. The Corps will review the applicant's submission and assign an action ID number.
  2. Within 7 calendar days, the Corps will determine if the application is complete. If an application is incomplete, the Corps would within 7 calendar days notify the applicant of the needed information items and the applicant will be required to resubmit.
  3. Within 10 calendar days of receiving a complete application, the Corps will submit materials to the agencies (CDFG, RWQCB, USFWS, EPA, NOAA Fisheries, and SHPO) via fax and request the agencies provide comments. The agencies (except for SHPO) will provide comments to the Corps within 21 calendar days. The SHPO will provide comment within 30 calendar days. “No objections” comments may be provided by phone, but substantive comments should be provided and confirmed by fax or letter. When the LOP fax is transmitted to the other resource agencies, the Corps will consider the following subjects:
    1. Conformity of the proposed project with the SAMP;
    2. Minimization of impacts to the maximum extent practicable as specified in the “Minimization” section above (avoidance was addressed during formulation of the San Juan Creek and the western San Mateo Creek SAMP);
    3. Consistency of the proposed project-specific compensatory mitigation with the RMV long-term individual compensatory mitigation requirements (see below);
    4. Whether threatened or endangered species issues have been resolved in a manner consistent the Endangered Species Act through the issuance of an individual incidental take statement or through a programmatic Section 7 consultation with USFWS and/or NOAA Fisheries, as applicable, including potential coordination with the local Natural Community Conservation Planning program; and
    5. Status of compliance with the National Historic Preservation Act.
  4. The Corps will review the comments received and make a final determination within 45 calendar days of receiving the complete application. After all the comments are received from the resource agencies, the Corps will perform a final evaluation of the project. Any problems identified during the LOP notification process by the resource agencies regarding compliance with the programmatic Section 7 consultation requirements will be resolved before an LOP is issued. If the project meets the criteria for LOP authorization, an LOP will be issued.
  5. If the project fails to meet the criteria for LOP authorization, the Corps will notify the applicant of the need for review through a Standard Individual Permit process.
  6. Section 401 Water Quality Certification or waiver must be obtained from RWQCB. An LOP will not be issued until Section 401 certification or a waiver is obtained. If no Section 401 Water Quality Certification has been issued within 45 days after submittal of a complete application, the Corps will issue a provisional LOP.