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?