Walter G. Wright
Arkansas Environmental, Energy, and Water Law
The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a June 13 Special Public Notice (“Notice”) the purpose of which is described as providing:
…guidance and a summary of exemptions and permits which may be required for the protection and repair of existing flood damaged structures, damaged land areas, and damaged fills under the authority of Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344)
The Notice is in response to the severe flooding and other storm-related damage in the Corps’ Little Rock District. It is anticipated that municipalities and owners of damaged property will conduct immediate repair activities in some jurisdictional areas (Clean Water Act and Rivers and Harbors Act).
The Notice provides a reminder regarding potential Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act permitting requirements. It states that “many of the permits have scopes of work and thresholds which allow you to accomplish your project without delay.”
Division Engineers are authorized to approve special processing procedures in emergency situations. (defined as a situation that would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant hardship if correction action requiring a permit is not undertaken within a time period less that the normal time needed to process the application under standard procedures). The Notice also discusses the individual permit process and potential utilization of Nationwide permits for certain activities.
A copy of the Notice can be downloaded below.