The Little Rock District Corps of Engineers, hereafter referred to as “Corps,” has discontinued the use of the Multiple Project Information Sheet (MPIS) as a valid submittal for permitting under Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act of 1899. Any project application submitted to the office will need to use a Department of the Army permit application, available at: http://www.swl.usace.army.mil/Missions/Regulatory/ApplyingforaPermit.aspx.
However, please note that not all projects require a letter from the Corps. Some relevant regulations are found below. If you have any questions or need further clarification, you can call the Corps at 501-324-5295.
Excerpts from 33 Code of Federal Regulations (CFR) Part 323.4 - Discharges not requiring permits.
(a) General. Except as specified in paragraphs (b) and (c) of this section, any discharge of dredged or fill material that may result from any of the following activities is not prohibited by or otherwise subject to regulation under section 404:
(2) Maintenance, including emergency reconstruction of recently damaged
parts, of currently serviceable structures such as dikes, dams, levees,
groins, riprap, breakwaters, causeways, bridge abutments or approaches,
and transportation structures. Maintenance does not include any
modification that changes the character, scope, or size of the original fill
design. Emergency reconstruction must occur within a reasonable period of
time after damage occurs in order to qualify for this exemption.
(b) If any discharge of dredged or fill material resulting from the activities listed in paragraphs (a) (1) through (6) of this section contains any toxic pollutant listed under section 307 of the CWA such discharge shall be subject to any applicable toxic effluent standard or prohibition, and shall require a section 404 permit.
(c) Any discharge of dredged or fill material into waters of the United States incidental to any of the activities identified in paragraphs (a) (1) through (6) of this section must have a permit if it is part of an activity whose purpose is to convert an area of the waters of the United States into a use to which it was not previously subject, where the flow or circulation of waters of the United States may be impaired or the reach of such waters reduced. Where the proposed discharge will result in significant discernible alterations to flow or circulation, the presumption is that flow or circulation may be impaired by such alteration. For example, a permit will be required for the conversion of a cypress swamp to some other use or the conversion of a wetland from silvicultural to agricultural use when there is a discharge of dredged or fill material into waters of the United States in conjunction with construction of dikes, drainage ditches or other works or structures used to effect such conversion. A conversion of a Section 404 wetland to a non-wetland is a change in use of an area of waters of the United States. A discharge which elevates the bottom of waters of the United States without converting it to dry land does not thereby reduce the reach of, but may alter the flow or circulation of, waters of the United States.
(d) Federal projects which qualify under the criteria contained in Section 404(r) of the CWA are exempt from Section 404 permit requirements, but may be subject to other State or Federal requirements.
Nationwide Permit (NWP) 3
If a project is eligible for a Nationwide Permit (NWP) 3 (part a), which includes repair of currently serviceable structures and can include minor modifications if necessary, a preconstruction notification is not required by the Corps. However, the person performing the repair work shall be aware that he or she must operate within the general and applicable regional conditions of the permit to remain in compliance with the Regulatory Program. A full copy of NWP 3 is available here.
A copy of the Arkansas regional conditions are available here. A copy of the Missouri regional conditions are available here.
For activities that do not require preconstruction notification, but are otherwise authorized by this permit, a copy of this permit detailing the general conditions of the permit and a copy of the state issued water quality certification will suffice. The authorization of this work by a NWP does not relieve you of complying with other applicable local, state, and Federal laws.
Section 401 Water Quality Certification
Please be aware of the Section 401 Water Quality Certification special conditions, which are conditions of the NWP. If you have questions concerning compliance with the conditions of the 401 certification, you should contact the State of Missouri, Department of Natural Resources, Division of Environmental Quality, PO Box 176, Jefferson City, Missouri 65102‑0176 or the State of Arkansas, Department of Environmental Quality, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, (501) 682-0744.
Section 10 of the Rivers and Harbors Act of 1899
Section 10 permits are used to protect navigability of certain waters of the United States. For a list of Section 10 waters within the Little Rock District, see http://www.swl.usace.army.mil/Portals/50/docs/regulatory/navigablestreams.pdf.
A Section 10 permit is required when work is performed above, in, or under any “Navigable Waters of the U.S.” listed.
Activities that will need to be submitted to the Corps for written authorization:
- Activities covered under NWP 3 (part b), sediment and debris removal
- Projects that involve substantial changes in the original design
- Any work performed above, in, or under a Section 10 water
- Projects which will require Individual Section 401 Water Quality Certification from Arkansas Department of Environmental Quality (ADEQ) or Missouri Department of Natural Resources
For Arkansas: Projects impacting Extraordinary Resource Waters, Ecologically Sensitive Waters, and Natural and Scenic Waters as identified in Regulation No. 2
a. Listed as impaired by inorganic sediment, aquatic habitat alteration or unknown impairment as listed in the most current Water Quality Report (Section 305(b) Report).
b. Located in or occur within two miles upstream of a designated outstanding state or national resource water; or
c. Located in a designated metropolitan no-discharge stream.
- Projects with the potential to affect Federally proposed or listed endangered or threatened species
- Any other projects that do not fall within the parameters of NWP 3 (part a) or the Section 404 exemption.