ADVISORY PUBLIC NOTICE
Regulatory Request System (RRS)—Permit applications are now available in RRS!
USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for permit applications. This platform has been introduced to modernize our permit application process and to address our users' expectations by providing a straightforward and transparent process for the submittal of permit requests.
RRS is a web-based platform currently in a beta version that enables users to submit pre-application meeting requests, jurisdictional determination requests, and now applications for individual and general permits. This new system aims to streamline the process, improve efficiency, and provide a more user-friendly experience for our applicants.
We believe that RRS will not only benefit our users by simplifying the application process but will also enhance our ability to effectively manage and review permit requests. We are confident that this modernization initiative will lead to improved customer satisfaction and greater overall efficiency within our Regulatory Program.
We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!
For additional information on or to provide feedback on RRS, please contact us using the following email: rrs@usace.army.mil.
NEXT PAGE: INFORMATION FOR APPLICANTS/AGENTS IN PUERTO RICO
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, JACKSONVILLE DISTRICT
701 SAN MARCO BOULEVARD
JACKSONVILLE, FLORIDA 32207-8137
May 15, 2024
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INFORMATION FOR APPLICANTS/AGENTS IN PUERTO RICO:
Pursuant to 33 CFR Part 325.1(c), on July 15, 1999 a Memorandum of Understanding between the US Army Corps of Engineers Regulatory Program (USACE-RD), the Puerto Rico Planning Board (PRPB), the Department of Natural and Environmental Resources (DNER) and the Environmental Quality Board (EQB) (Programs today under the DNER) was signed with the purpose of establishing a Joint Permit Application process for the permit programs of the parties regulating activities which affect or alter water resources, including wetlands, within the Commonwealth of Puerto Rico. The joint permit application process will apply at the Federal level to activities regulated pursuant to Section 401 and 404 of the Clean Water Act; Section 10 of the Rivers and Harbors Act of 1899; Section 103 of the Marine Protection, Research and Sanctuaries Act; and at the state level to the Regulation for the Use, Surveillance, Conservation and Management of the Territorial Waters, Submerged Lands thereunder and the Maritime Zone; with Act 144 of June 3, 1976; Law for the Conservation, Development and Use of Water Resources, Act 136 of June 3, 1976, as amended, and the Organic Law of the DNER, Act 23 of June 20, 1972, as amended; and the Coastal Zone Management Act (CZMA) of 1972, as amended. This process does not change any of the regulatory requirements, responsibilities, or jurisdiction of each party.
The USACE, DNER and the PRPB, as mandated by Federal and Commonwealth laws as applicable, regulate many activities that affect water resources, including wetlands, located in Puerto Rico. These activities before they are performed must be authorized by the different agencies. The agencies have developed and collaborate on this joint application process to assist those individuals applying for the applicable permits for activities that will affect water resources, including wetlands, within the Commonwealth of Puerto Rico. The joint permit application process developed by these regulatory agencies has been designed and implemented to minimize the delays and effort associated with applying for a permit, and to ensure consistency on the projects being presented by applicants to the agencies.
The submittal in RRS would be the single application form (ENG 4345). It is no longer necessary to submit your application to the DNER. By utilizing the RRS to submit your application, you can apply for the following permits and or certifications that would be needed for projects that affect water resources in Puerto Rico:
• Department of the Army permits, administered by the USACE, to place fill in waters of the U.S. (Section 404 of the Clean Water Act), work in navigable waters of the U.S. (Section 10 of the Rivers and Harbors Act) and/or the of transport dredged material for Ocean Disposal (Section 103 of the Marine Protection, Research and Sanctuaries Act).
• Federal Consistency Certification with the Puerto Rico Coastal Zone Management Program from the Puerto Rico Planning Board (PRPB).
• Submerged Land Use Concession from the Department of Natural and Environmental Resources (DNER).
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CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATE
On November 27, 2023, became into effect the provisions of the Clean Water Act (CWA) Section 401 Water Quality Certification Improvement Rule published in the Federal Register, Vol. 88, No. 186 of September 27, 2023 (40 CFR, Part 121). The aforementioned rule revised and replaced the 2020 regulatory requirements for water quality certification under Section 401 of the CWA, that had superseded the 1971 Rule (in effect at the time the 1999 Memorandum of Understanding was signed). The 2023 rule requires that all project proponents request a pre-filing meeting with the appropriate certifying authority at least 30 days prior to submitting a request for certification unless the certifying authority waives or shortens this requirement (40 CFR, Part 121.4). Also, the 2023 rule establishes the minimum contents of the request for certification and authorizes the certifying authorities to define other contents necessary for a request for certification (40 CFR, Part 121.5).
Therefore, a pre-filing meeting must be requested at least 30 days prior to submitting the water quality certificate request in accordance with the provisions of 40 CFR Part 121.4, if a CWA Section 401 certification is required for a USACE-RD’s permit. Although federal regulations do not set the agenda for the pre-filing meeting, a brief description of the proposed project focused on those activities subject to the USACE-RD’s permit must be provided.
You can find more information and copy of the 2023 rule through the following link:
https://www.epa.gov/cwa-401
To obtain any additional information regarding the CWA Section 401 Water Quality Certificate procedure in Puerto Rico, please contact the Point Sources Permits Division at (787) 999-2200 extension 6171 or via email at fuentesprecisadas@drna.pr.gov
JOINT PERMIT APPLICATION COORDINATION:
The joint application process begins by submitting an application to a central receiving agency. In the past was DNER, but now would be USACE via the RRS system (https://rrs.usace.army.mil/rrs). The USACE-RD will receive the applications submitted in RRS, assign a DA Application number, and will digitally distribute the copies of applications to the agencies involved. The NEW Joint Permit Application number would be the USACE DA assigned permit number. All applications must be submitted digitally in RRS and there is no need to deliver printed materials to any of the agencies as part of the initial application submittal package. Additional information could be required from each respective agency as they review for completeness the submittal package.
Applicants must provide the identification number corresponding to the state permits and endorsements of the project for which the permit is requested and attach a copy of them here in RRS. Currently, this information is required in block 26 of the application form ENG 4345. Among the most important state requirements for projects in Puerto Rico are the following:
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• Copy of the environmental document filed with the PR Permit Management Office (OGPe)
• Environmental Compliance Determination issued by OGPe
• Demarcation of the Maritime Terrestrial Zone prepared by a surveyor and certified by the Department of Natural and Environmental Resources (DNER) if required.
Please be aware that for DNER, the Submerged Land Use Concessions authorization will require the presentation of a paid fee as part of DNER review for completeness process. Payment must be made by certified check or money order made payable to the Secretary of Treasury. Payments must be made at the Cashiers Office (Oficina del Recaudador) at DNER.
For additional information please contact DNER at:
• In person: P.R. Department of Natural and Environmental Resources, Secretariat Office, Floor 1, Street 8839, km. 6.3, Sector El Cinco, San Juan, 00927, Puerto Rico (Coordinates 18.391921, -66.058944)
• By Mail: P.R. Department of Natural and Environmental Resources, Secretariat Office, San José Industrial Park, 1375 Ponce de León Avenue, San Juan, Puerto Rico 00926
• E-mail: ayudaciudadano@drna.pr.gov
• Phone: (787) 999-2200
• Webpage: http://www.drna.pr.gov/
USACE Pre-Construction Notification (PCN):
Regarding the use of the Pre-Construction Notification (PCN) Form as further defined in NWP General Condition 32, please be aware the FINAL REGIONAL CONDITIONS FOR THE 2021 NATIONWIDE PERMITS IN JACKSONVILLE DISTRICT (SAJ) (Effective Date for Regional Conditions for 16 NWPs: March 15, 2021 Effective Date for Modified Regional Conditions for 16 NWPs: February 25, 2022 Effective Date for Regional Conditions for 41 NWPs: February 25, 2022 Expiration Date for Regional Conditions for All NWPs: March 14, 2026), at part (A) (6) (b) states the following:
“PCN for activities in the Antilles shall be made through the Joint Permit Process using the most recent and valid Application for Department of the Army Permit (ENG Form 4345), and the form must indicate it is an NWP Pre-Construction Notification (PCN). The application must also contain the information described in General Condition 32. If the joint process changes before the expiration of these Regional Conditions, then follow the instructions in the announcement for such change.”
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Support from Antilles Permit Section:
Please feel free to contact us for any additional information or questions. However, we encourage our applicants to please visit and review first the references information at our USACE Regulatory Division Webpage under “Source Book” to prepare a complete application for our consideration. Please visit the following link to access the location and click on “Expand All” to see the content of each section: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/
You may contact us for general pre-applications questions at: RD-Antilles@USACE.ARMY.MIL. Please do not send new applications to this email address. Follow the instructions in RRS and above to submit a new application. Applications received at this email directly from applicants will be returned to the sender by our office. We can also be reached by telephone at (787) 289-7040 (Monday to Friday from 9:00am to 4:00pm).
Antilles Permits Section Team
USACE Regulatory Division
Jacksonville District
U.S. Army Corps of Engineers
Fund. Ángel Ramos Annex Bldg., Suite 202
383 F.D. Roosevelt Ave.
San Juan, Puerto Rico 00918
Visitors Hours: 9:00am to 3:00pm (please call or email us in advance for an appointment).
WEB: https://www.saj.usace.army.mil/About/Divisions-Offices/Antilles-Office/