The Corps and Environmental Regulation

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The Corps and Environmental Regulation

• Presented by Clarissa J Cook

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In the Beginning

• June 16, 1775 Continental Congress created an
  army with a chief engineer (Colonel Richard
  Gridley) and 2 assistants
• 1779 Corp of Engineers reorganized, only to be
  mustered out of service after Revolutionary War
  over
• 1802 Permanent and separate US Army Corp of
  Engineers (USACOE) established at the same time
  as West Point

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West Point Military Academy

• West Points first superintendent, Jonathan
  Williams, was chief engineer of Corps
• For 1st half of 19th century, WP was the only
  engineering school in the country

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The General Survey Act of 1824 and 1826

• Authorized the President to have surveys done for
  roads and canals deemed economically or
  militarily important
• Responsibility given to USACOE
• 1824 - 75,000 to improve navigation of Ohio and
  Mississippi rivers
• 1826 established use of authorizations for both
  surveys and projects (still used)

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History

• 1879 Mississippi River Commission
• 3 of 7 members from USACOE
• Used levees to control flooding in lower
  Mississippi Valley
• 1914 Panama Canal completed
• Officially built by Panama
• Canal Commission with help
• from USACOE officers

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Headquarters

• Headed by the Chief of Engineers
• Currently Lieutenant General Carl A.
• Strock
• Advises the US Army on engineering, topography,
  real estate, etc.

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Organization

• 8 geographical divisions
• Further divided into 41 districts in the US,
  Asia, and Europe
• 9th division created in 2004 for Iraq and
  Afghanistan
• Boundaries defined by watersheds, not state lines
• Took watershed approach for better management,
  planning, and development over larger areas

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USACOE Organizations

• Huntsville, US Army Engineering and Support
  Center (CEHNC)
• Transatlantic Programs Center (CETAC)
• Finance Center, USACE (CEFC)
• Humphreys Engineer Center Support Activity
  (CEHEC)
• Marine Design Center (CEMDC)
• Institute for Water Resources (IWR)
• 249th Engineer Battalion

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The Laboratories

• Engineer Research and Development Center (CEERD)
• Consists of 7 Laboratories
• Coastal and Hydraulics Laboratory
• Cold Regions Research and Engineering Laboratory
• Construction Engineering Research Laboratory
• Environmental Laboratory
• Geotechnical and Structures Laboratory
• Information Technology Laboratory
• Topographic Engineering Center

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CEERD Research

• Mapping and terrain analysis
• Infrastructure design, construction, operations,
  and maintenance
• Structural engineering
• Cold regions and ice engineering
• Coastal and hydraulic engineering
• Geotechnical engineering
• High performance computing and information
  technology

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Mission and Goals

• Planning, designing, building, and operating
  water resources
• Design, construct, and manage military facilities
  for the Army and Air Force
• Provide support to other defense and federal
  agencies by providing designs and construction
  management

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Environmental Missions

• Wetlands and waterways regulation and permitting
• Authority over dredging and filling
• Determine which areas need protection as wetlands
• Ecosystem restoration
• Re-establish natural, functioning, and
  self-regulating systems
• Florida Everglades largest such attempt

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Environmental Missions Cont.

• Environmental Stewardship
• Management and project programs that comply to
  Federal, state, and local requirements
• Radioactive site cleanup
• Formerly under the jurisdiction of Dept. of
  Energy
• Support to EPA Superfund program
• Corps manages design and construction contracts
  for remediation
• Provides technical support

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Environmental Legislation

• The Rivers and Harbors Act of 1890 and 1899
• Aims to prevent unauthorized alteration of
  navigable waters
• Section 10 enforced most and concerns anything
  that effects the course, location, condition, or
  capacity of those waters
• National Environmental Policy Act of 1969
• Assures all branches of government consider
  environment before taking any major federal action

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Legislation Cont.

• Federal Water Pollution Control Act of 1972
• Commonly known as Clean Water Act
• Regulates discharges of pollutants into waters
• Under jurisdiction of both EPA and USACOE
• Water Resources Development Act of 1986
• Nonfederal interests should have more management
  and financial responsibility concerning water
  resources
• 1990 amendment created goal of no net loss of
  wetlands to increase their quality and quantity

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National Wetlands Mitigation Action Plan

• Regulatory program administers and enforces
  Section 10 of the Rivers and Harbors Act and
  Section 404 of the Clean Water Act
• Section 10 says that a Corps permit is required
  to do any work around or in navigable waters
• Section 404 states that a Corps permit is
  required for dredging or filling into waters of
  the United States

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Regulatory Program

• Mitigation
• Process for permit applications and Corps
  decisions on projects
• In-Lieu Fee option
• Pay the value of the wetland instead of creating,
  restoring, preserving, or enhancing wetlands
• Done by most companies
• i.e. Wal-Mart

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FIGURE 11 Area of wetland impacts permitted,
mitigation required by the permit, and the
anticipated gain in wetland area as a result of
permits issued by the U.S. Army Corps of
Engineers regulatory program from 1993 to 2000. 1
hectare 2.47 miles. SOURCE Data from U.S. Army
Corps of Engineers Headquarters, Operations,
Construction and Readiness Division.
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Regulatory Program

• Permit required before work can begin
• Standard Permit
• Pre-application/application
• Public notice and comment
• Evaluation, decision, and mitigation
• Monitoring and enforcement

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Regulatory Program

• General Permit
• Most common permit, 90
• Issued quickly
• Minimal impact on environment
• Given on a national, regional, or state level
• Letter of Permission
• Issued more quickly than Standard Permit, but
  slower than General Permit
• For projects with no controversy and water
  quality certificates

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Regulatory Program

• Decision on applications takes an average of 30
  days
• USACOE makes about 90,000 decisions a year
• 2003 permits affected 23,000 acres of wetland
• More than 43,000 restored, created, enhanced, or
  preserved

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2001 SWANCC Ruling

• Solid Waste Agency of Northern Cook County v.
  U.S. Army Corps of Engineers
• Restricts Corps regulation to traditionally
  navigable waters, surface tributaries, and
  wetlands adjacent to such waters
• Renders moot the Migratory Bird Rule which
  extended jurisdiction to intrastate waters
• States and tribes now responsible for isolated
  waters and wetlands

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Regulation Enforcement

• Violation of permit usually involves unauthorized
  filling of wetland or the blocking/altering of
  waters of the US
• Sometimes detected by Corps, but rely on
  individuals or local, state, and other federal
  agencies

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Regulatory Violations

• Corps sends a warning letter if work completed
• If work ongoing, violator sent a cease and desist
  order
• Some choose to remove fill and restore cite
• Violator can apply for after-the-fact permit

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Civil Penalties

• Clean Water Act states a civil penalty should not
  exceed 25,000 a day
• Enforced by EPA and USACOE
• All monies collected from fines goes directly to
  US Fish and Wildlife Service
• Use the money for wetland projects near the site
  of the violation

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Regulatory Problems

• Mitigation plans vague on wetland requirements
• Didnt specify water source, water quantity,
  soil, topography, structure, and location
• Animal habitat not usually considered unless the
  species are endangered or waterfowl
• Numerous studies show as much as 34 of wetlands
  never installed

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Regulatory Problems

• Compliance inspections rarely done by USACOE
• Workload of USACOE staff is extremely high
• Led to making permits a priority, and inspections
  and site visits became secondary
• Rely on other agencies and citizens to call in
  violations

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Regulatory Numbers for 2003

• Standard and Letter Permits 7,075 denied 299
• Regional Permits 43,486
• Nationwide Permits 35,317
• Acres of wetlands with permitted activity 21,330
• Acres requiring mitigation 43,379
• Acres wetland loss avoided through process 5,824

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Questions?