the corps and environmental regulation
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The Corps and Environmental Regulation. Presented by Clarissa J Cook. In the Beginning…. June 16, 1775 – Continental Congress created an army with a chief engineer (Colonel Richard Gridley) and 2 assistants - PowerPoint PPT PresentationTRANSCRIPT
The Corps and The Corps and Environmental Environmental
RegulationRegulation
Presented by Clarissa J CookPresented by Clarissa J Cook
In the Beginning…In the Beginning…
June 16, 1775 – Continental Congress June 16, 1775 – Continental Congress created an army with a chief engineer created an army with a chief engineer (Colonel Richard Gridley) and 2 assistants(Colonel Richard Gridley) and 2 assistants
1779 – Corp of Engineers reorganized, 1779 – Corp of Engineers reorganized, only to be mustered out of service after only to be mustered out of service after Revolutionary War overRevolutionary War over
1802 – Permanent and separate US Army 1802 – Permanent and separate US Army Corp of Engineers (USACOE) established Corp of Engineers (USACOE) established at the same time as West Point at the same time as West Point
West Point Military AcademyWest Point Military Academy
West Point’s first West Point’s first superintendent, superintendent, Jonathan Williams, Jonathan Williams, was chief engineer of was chief engineer of CorpsCorps
For 1For 1stst half of 19 half of 19thth century, WP was the century, WP was the only engineering only engineering school in the countryschool in the country
The General Survey Act of The General Survey Act of 1824 and 18261824 and 1826
Authorized the President to have Authorized the President to have surveys done for roads and canals surveys done for roads and canals deemed economically or militarily deemed economically or militarily importantimportant– Responsibility given to USACOEResponsibility given to USACOE
1824 - $75,000 to improve navigation 1824 - $75,000 to improve navigation of Ohio and Mississippi riversof Ohio and Mississippi rivers
1826 – established use of 1826 – established use of authorizations for both surveys and authorizations for both surveys and projects (still used)projects (still used)
HistoryHistory 1879 – Mississippi River Commission1879 – Mississippi River Commission
– 3 of 7 members from USACOE3 of 7 members from USACOE– Used levees to control flooding in lower Used levees to control flooding in lower
Mississippi ValleyMississippi Valley 1914 – Panama Canal completed1914 – Panama Canal completed
– Officially built by Panama Officially built by Panama
Canal Commission with help Canal Commission with help
from USACOE officersfrom USACOE officers
HeadquartersHeadquarters
Headed by the Chief of EngineersHeaded by the Chief of Engineers– Currently Lieutenant General Carl A.Currently Lieutenant General Carl A.
Strock Strock – Advises the US Army on engineering, Advises the US Army on engineering,
topography, real estate, etc.topography, real estate, etc.
OrganizationOrganization
8 geographical divisions8 geographical divisions– Further divided into 41 districts in the Further divided into 41 districts in the
US, Asia, and EuropeUS, Asia, and Europe– 99thth division created in 2004 for Iraq and division created in 2004 for Iraq and
AfghanistanAfghanistan Boundaries defined by watersheds, Boundaries defined by watersheds,
not state linesnot state lines– Took watershed approach for better Took watershed approach for better
management, planning, and management, planning, and development over larger areasdevelopment over larger areas
USACOE OrganizationsUSACOE Organizations
Huntsville, US Army Engineering and Huntsville, US Army Engineering and Support Center (CEHNC)Support Center (CEHNC)
Transatlantic Programs Center (CETAC)Transatlantic Programs Center (CETAC) Finance Center, USACE (CEFC)Finance Center, USACE (CEFC) Humphreys Engineer Center Support Humphreys Engineer Center Support
Activity (CEHEC)Activity (CEHEC) Marine Design Center (CEMDC)Marine Design Center (CEMDC) Institute for Water Resources (IWR)Institute for Water Resources (IWR) 249249thth Engineer Battalion Engineer Battalion
The LaboratoriesThe Laboratories
Engineer Research and Development Engineer Research and Development Center (CEERD)Center (CEERD)– Consists of 7 LaboratoriesConsists of 7 Laboratories
Coastal and Hydraulics LaboratoryCoastal and Hydraulics Laboratory Cold Regions Research and Engineering Cold Regions Research and Engineering
LaboratoryLaboratory Construction Engineering Research LaboratoryConstruction Engineering Research Laboratory Environmental LaboratoryEnvironmental Laboratory Geotechnical and Structures LaboratoryGeotechnical and Structures Laboratory Information Technology LaboratoryInformation Technology Laboratory Topographic Engineering CenterTopographic Engineering Center
CEERD ResearchCEERD Research Mapping and terrain analysisMapping and terrain analysis Infrastructure design, construction, Infrastructure design, construction,
operations, and maintenanceoperations, and maintenance Structural engineeringStructural engineering Cold regions and ice engineeringCold regions and ice engineering Coastal and hydraulic engineeringCoastal and hydraulic engineering Geotechnical engineeringGeotechnical engineering High performance computing and High performance computing and
information technologyinformation technology
Mission and GoalsMission and Goals
Planning, designing, building, and Planning, designing, building, and operating water resourcesoperating water resources
Design, construct, and manage Design, construct, and manage military facilities for the Army and Air military facilities for the Army and Air ForceForce
Provide support to other defense and Provide support to other defense and federal agencies by providing designs federal agencies by providing designs and construction managementand construction management
Environmental MissionsEnvironmental Missions Wetlands and waterways regulation and Wetlands and waterways regulation and
permittingpermitting– Authority over dredging and fillingAuthority over dredging and filling– Determine which areas need protection as Determine which areas need protection as
wetlandswetlands Ecosystem restorationEcosystem restoration
– Re-establish natural, functioning, and self-Re-establish natural, functioning, and self-regulating systemsregulating systems
– Florida Everglades largest such attempt Florida Everglades largest such attempt
Environmental Missions Environmental Missions Cont.Cont.
Environmental StewardshipEnvironmental Stewardship– Management and project programs that Management and project programs that
comply to Federal, state, and local comply to Federal, state, and local requirementsrequirements
Radioactive site cleanupRadioactive site cleanup– Formerly under the jurisdiction of Dept. of Formerly under the jurisdiction of Dept. of
EnergyEnergy Support to EPA Superfund programSupport to EPA Superfund program
– Corps manages design and construction Corps manages design and construction contracts for remediationcontracts for remediation
– Provides technical supportProvides technical support
Environmental LegislationEnvironmental Legislation
The Rivers and Harbors Act of 1890 and The Rivers and Harbors Act of 1890 and 18991899– Aims to prevent unauthorized alteration of Aims to prevent unauthorized alteration of
navigable waters navigable waters – Section 10 enforced most and concerns Section 10 enforced most and concerns
anything that effects the course, location, anything that effects the course, location, condition, or capacity of those waterscondition, or capacity of those waters
National Environmental Policy Act of 1969National Environmental Policy Act of 1969– Assures all branches of government consider Assures all branches of government consider
environment before taking any major federal environment before taking any major federal actionaction
Legislation Cont.Legislation Cont. Federal Water Pollution Control Act of 1972Federal Water Pollution Control Act of 1972
– Commonly known as Clean Water ActCommonly known as Clean Water Act– Regulates discharges of pollutants into watersRegulates discharges of pollutants into waters– Under jurisdiction of both EPA and USACOEUnder jurisdiction of both EPA and USACOE
Water Resources Development Act of 1986Water Resources Development Act of 1986– Nonfederal interests should have more Nonfederal interests should have more
management and financial responsibility management and financial responsibility concerning water resourcesconcerning water resources
– 1990 amendment created goal of “no net loss” of 1990 amendment created goal of “no net loss” of wetlands to increase their quality and quantity wetlands to increase their quality and quantity
National Wetlands Mitigation National Wetlands Mitigation Action PlanAction Plan
Regulatory program administers and Regulatory program administers and enforces Section 10 of the Rivers and enforces Section 10 of the Rivers and Harbors Act and Section 404 of the Harbors Act and Section 404 of the Clean Water ActClean Water Act– Section 10 says that a Corps permit is Section 10 says that a Corps permit is
required to do any work around or in required to do any work around or in navigable watersnavigable waters
– Section 404 states that a Corps permit is Section 404 states that a Corps permit is required for dredging or filling into required for dredging or filling into waters of the United Stateswaters of the United States
Regulatory ProgramRegulatory Program
Mitigation Mitigation – Process for permit applications and Process for permit applications and
Corps decisions on projectsCorps decisions on projects In-Lieu Fee optionIn-Lieu Fee option
– Pay the value of the wetland instead of Pay the value of the wetland instead of creating, restoring, preserving, or creating, restoring, preserving, or enhancing wetlandsenhancing wetlands
– Done by most companiesDone by most companies i.e. Wal-Marti.e. Wal-Mart
FIGURE 1–1 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.
Regulatory ProgramRegulatory Program
Permit required before work can Permit required before work can beginbegin
Standard PermitStandard Permit– Pre-application/applicationPre-application/application– Public notice and commentPublic notice and comment– Evaluation, decision, and mitigationEvaluation, decision, and mitigation– Monitoring and enforcementMonitoring and enforcement
Regulatory ProgramRegulatory Program General PermitGeneral Permit
– Most common permit, 90%Most common permit, 90%– Issued quicklyIssued quickly– Minimal impact on environmentMinimal impact on environment– Given on a national, regional, or state levelGiven on a national, regional, or state level
Letter of PermissionLetter of Permission– Issued more quickly than Standard Permit, Issued more quickly than Standard Permit,
but slower than General Permitbut slower than General Permit– For projects with no controversy and water For projects with no controversy and water
quality certificatesquality certificates
Regulatory ProgramRegulatory Program
Decision on applications takes an Decision on applications takes an average of 30 daysaverage of 30 days
USACOE makes about 90,000 USACOE makes about 90,000 decisions a yeardecisions a year
2003 – permits affected 23,000 acres 2003 – permits affected 23,000 acres of wetlandof wetland– More than 43,000 restored, created, More than 43,000 restored, created,
enhanced, or preservedenhanced, or preserved
2001 SWANCC Ruling2001 SWANCC Ruling
Solid Waste Agency of Northern Cook Solid Waste Agency of Northern Cook County v. U.S. Army Corps of EngineersCounty v. U.S. Army Corps of Engineers– Restricts Corps regulation to traditionally Restricts Corps regulation to traditionally
navigable waters, surface tributaries, and navigable waters, surface tributaries, and wetlands adjacent to such waterswetlands adjacent to such waters
– Renders moot the “Migratory Bird Rule” Renders moot the “Migratory Bird Rule” which extended jurisdiction to intrastate which extended jurisdiction to intrastate waters waters
– States and tribes now responsible for States and tribes now responsible for isolated waters and wetlandsisolated waters and wetlands
Regulation EnforcementRegulation Enforcement
Violation of permit usually involves Violation of permit usually involves unauthorized filling of wetland or the unauthorized filling of wetland or the blocking/altering of waters of the USblocking/altering of waters of the US
Sometimes detected by Corps, but Sometimes detected by Corps, but rely on individuals or local, state, and rely on individuals or local, state, and other federal agenciesother federal agencies
Regulatory ViolationsRegulatory Violations
Corps sends a warning letter if work Corps sends a warning letter if work completedcompleted
If work ongoing, violator sent a cease If work ongoing, violator sent a cease and desist orderand desist order
Some choose to remove fill and Some choose to remove fill and restore citerestore cite
Violator can apply for after-the-fact Violator can apply for after-the-fact permitpermit
Civil PenaltiesCivil Penalties
Clean Water Act states a civil penalty Clean Water Act states a civil penalty should not exceed $25,000 a dayshould not exceed $25,000 a day
Enforced by EPA and USACOEEnforced by EPA and USACOE All monies collected from fines goes All monies collected from fines goes
directly to US Fish and Wildlife directly to US Fish and Wildlife ServiceService– Use the money for wetland projects near Use the money for wetland projects near
the site of the violationthe site of the violation
Regulatory ProblemsRegulatory Problems
Mitigation plans vague on wetland Mitigation plans vague on wetland requirementsrequirements– Didn’t specify water source, water Didn’t specify water source, water
quantity, soil, topography, structure, and quantity, soil, topography, structure, and locationlocation
– Animal habitat not usually considered Animal habitat not usually considered unless the species are endangered or unless the species are endangered or waterfowlwaterfowl
Numerous studies show as much as Numerous studies show as much as 34% of wetlands never installed34% of wetlands never installed
Regulatory ProblemsRegulatory Problems
Compliance inspections rarely done Compliance inspections rarely done by USACOEby USACOE
Workload of USACOE staff is Workload of USACOE staff is extremely highextremely high– Led to making permits a priority, and Led to making permits a priority, and
inspections and site visits became inspections and site visits became secondarysecondary
– Rely on other agencies and citizens to Rely on other agencies and citizens to call in violationscall in violations
Regulatory Numbers for Regulatory Numbers for 20032003
Standard and Letter Permits: 7,075 Standard and Letter Permits: 7,075 denied: 299denied: 299
Regional Permits: 43,486Regional Permits: 43,486 Nationwide Permits: 35,317Nationwide Permits: 35,317 Acres of wetlands with permitted Acres of wetlands with permitted
activity: 21,330activity: 21,330 Acres requiring mitigation: 43,379Acres requiring mitigation: 43,379 Acres wetland loss avoided through Acres wetland loss avoided through
process: 5,824process: 5,824
Questions?Questions?