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SWL EPP (2020)

Published Aug. 27, 2020

AUTHORIZATION FOR EMERGENCY PERMIT PROCESSING PROCEDURES IN LITTLE ROCK DISTRICT for impacts resulting from Hurricane Laura.

TO WHOM IT MAY CONCERN:

Background.  On August 26, 2020, the Little Rock District Corps of Engineers requested Delegation of Authority Associated with Alternative (Emergency) Permit Processing Procedures in Little Rock District (SWL) associated with impacts resulting from Hurricane Laura.

Pursuant to 33 Code of Federal Regulations Part 325.2(e)(4), SWL has received approval of special processing procedures for this emergency situation associated with Hurricane Laura.  These procedures will only apply to situations which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures.

Special Emergency Procedures are described below.  These procedures may only address activities directly related to the Hurricane Laura event.

  1. All pre-construction notifications or applications for emergency activities that meet the terms of a general permit may be authorized under that existing permit.  For general permit activities that would have more than minimal adverse environmental effects, without compensatory mitigation, the requirement for compensatory mitigation may be delayed by special condition for up to one year after completion of the authorized activity.  Activities may be authorized that do not meet general permit conditions at the time of construction (except Nationwide Permit general conditions 17, 18, 20, and 21).  However, these non-compliant authorized activities will be special conditioned to require compliance with all general and regional conditions within one year after construction.
     
  2. If an application for an emergency activity does not meet the terms of a general permit or would be highly unlikely to meet the conditions of the general permit within one year after construction, standard processing procedures will be required.  However, these reviews will be abbreviated with expedited external coordination.
     
  3. For emergency situation authorizations, reasonable efforts will be made to receive comments from interested federal, state, and local agencies and the affected public when normally required by the general permit or standard procedure reviews.  Comment periods required for resource agency consultations and coordination, including 401 water quality certification, may be abbreviated to 24 hours.  Resource agency comments may be received in any manner, and verbal comments will be documented by the receiving Corps staff.  Emergency consultation requirements for section 7 of the Endangered Species Act (50 CFR 402.05) will be followed for all emergency situations.  Emergency procedures (33 CFR 325 Appendix C paragraph 14) for protection of historic properties will be followed for all emergency situations.

Point of Contact.  If additional information is desired, please contact the SWL Regulatory Division Office, telephone number:  (501) 324-5295 or (501) 340-1371, mailing address:  Little Rock District Corps of Engineers, Regulatory Division, PO Box 867, Little Rock, Arkansas  72203-0867, email address:  CESWL-Regulatory@usace.army.mil