TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) evaluates applications for work in waters of the U.S., including marine waters, streams, and wetlands, for Department of the Army permits pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403).
The Corps is withdrawing from the U.S. Virgin Islands (USVI) Joint Permit Application Process and instating direct electronic submittal of applications. Starting March 1, 2022, individuals seeking Corps authorization must submit application materials directly to the Corps via the process outlined in this public notice. This public notice does not affect permit application submittal requirements for the Department of Planning and Natural Resources (DPNR). DPNR permit applications should be submitted concurrently to the DPNR Division of Coastal Zone Management following their established procedures. We will continue to coordinate closely with DPNR throughout the application review process.
EFFECTIVE DATE: March 1, 2022
ELECTRONIC APPLICATION SUBMITTAL PROCESS
Email Applications to: CESAJ-RD-SA@usace.army.mil
If your application documents are larger than 20 MB, they cannot be sent in a single email. There are two options to submit applications larger than 20 MB:
1) Email: You may submit the documents in multiple emails provided each email is less than 20 MB. Our e-mail system will block *.zip files.
2) DoD SAFE: Email CESAJ-RD-SA@usace.army.mil to request a link to upload the documents to our approved DoD SAFE secure access file exchange. The Corps cannot access documents that are uploaded to external file transfer sites. After the Corps has received your request via email, we will send you a drop off request from DoD SAFE that will allow you to upload up to 8 GBs and 25 files.
WHAT TO SUBMIT TO APPLY FOR A PERMIT
1. Signed Application
• For Nationwide Permits: ENG Form 6082
• For Letters of Permission or Standard Permits: ENG Form 4345
These forms are located in the Jacksonville District, Regulatory Division Source Book. Go to “Permitting”, “Forms”, “Application Forms” or go to:
Design your project to meet a Nationwide Permit to minimize impacts and streamline the review process. Please ensure your application is completely filled out. Provide a complete description of the proposed project, including dimensions of structures, types and quantities of materials to be discharged, size of area(s) to be impacted, Best Management Practices, construction methodologies, and types of equipment. If you will be placing fill, specify how much of the fill will be waterward of the Corps’ line of jurisdiction.
2. Project Drawings (see attached Drawing Checklist for guidance).
a. Show existing vs. proposed conditions.
b. Show access routes and staging areas.
c. Include the Corps’ line of jurisdiction:
• Mean high water mark for Section 10 activities in tidal water.
• High tide line for Section 404 activities in tidal water.
• Ordinary high water mark for Section 404 activities in fresh water.
3. A delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site.
4. Supporting documents such as environmental assessment reports, habitat surveys, archeological reports, and mitigation plans that would assist in the review of the proposed project.
5. Federal project proponents must provide documentation demonstrating compliance with the Endangered Species Act, Section 106 of the National Historic Preservation Act, and the Essential Fish Habitat provisions of the Magnuson-Stevens Fishery Conservation and Management Act.
Please note, there are alternative application procedures described in the regulations at 33 CFR 325.1 (d) and in Nationwide Permit General Condition 32 Pre-Construction Notification. However, in order to expedite review, it is recommended that applicants follow the procedures described above.
OTHER THINGS TO KNOW WHEN APPLYING FOR A PERMIT
IMPACT MITIGATION: All applicants are required to avoid or minimize impacts to aquatic resources to the maximum extent feasible. Please describe avoidance and minimization measures in your application. If impacts cannot be sufficiently minimized, the applicant will be required to submit a compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment.
COASTAL ZONE MANAGEMENT CONSISTENCY: In the U.S. Virgin Islands, the Department of Planning and Natural Resources (DPNR) permit issued by the Division of Coastal Zone Management constitutes compliance with the Coastal Zone Management Program. It is the responsibility of the applicant to ensure their project is consistent with the enforceable policies of the U.S. Virgin Islands Coastal Zone Management Act. A Department of the Army permit cannot be issued until this requirement has been fulfilled.
WATER QUALITY CERTIFICATION: Individual Water Quality Certification review is required for most projects in the U.S. Virgin Islands. It is the responsibility of the applicant to obtain a water quality certification or a waiver from the DPNR Division of Environmental Protection. A Department of the Army permit cannot be issued until this requirement has been fulfilled.
CULTURAL RESOURCES: The Corps will evaluate the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. For some projects, archeological surveys may be required. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer.
ENDANGERED SPECIES: If your project may affect a species listed under the Endangered Species Act (ESA), the Corps will request interagency consultation with the U.S. Fish and Wildlife Service and National Marine Fisheries Service (NMFS) pursuant to Section 7 of the ESA. For marine projects, the Corps encourages applicants to design their projects to meet the JAXBO Project Design Criteria in order to conserve listed species and streamline the consultation process. This programmatic approach will help expedite ESA consultation between the Corps and the NMFS for projects that fall in one of the ten covered activity categories. Information on JAXBO can be found in the Source Book on our webpage. For large projects that don’t comply with JAXBO, the applicant may be asked to submit a Biological Assessment.
ESSENTIAL FISH HABITAT (EFH): If the project may affect designated EFH in marine waters, the Corps will initiate consultation with the National Marine Fisheries Service as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.
FOR MORE INFORMATION
To learn more about the different types of permits (Nationwide Permits, Letters of Permission, and Standard Permits) and to access applications, permit checklists, and information about the Corps Regulatory Program, please visit the Jacksonville District Regulatory Division Source Book at:
POINTS OF CONTACT
Please contact Karen Urelius, Senior Project Manager, at 787-370-8359 or email@example.com or Samantha Burns, Section Chief, at 786-886-9198 or Samantha.L.Burns@usace.army.mil if you have questions concerning the electronic application submittal procedures in the U.S. Virgin Islands or our regulatory program.