If work is minor or routine with minimum impacts and objections are unlikely, then it may qualify for a Letter of Permission. A Letter of Permission can be issued more quickly than a standard permit since public notice is not required.
A Letter of Permission must be issued in accordance with the abbreviated procedures under 33 CFR 325.2(e).
Minimum Abbreviated Requirements:
- Coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and
- Public interest evaluation, but without the publishing of an individual public notice.
Letters of Permission will not be used to authorize the transportation of dredged material for the purpose of dumping it in ocean waters. However, Letters of permission may be used in those cases subject to:
- Section 10 of the Rivers and Harbors Act of 1899 when, in the opinion of the District Engineer, the proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and should encounter no appreciable opposition.
- Section 404 of the Clean Water Act after the District Engineer, through consultation with Federal and state fish and wildlife agencies, the Regional Administrator, Environmental Protection Agency, the state water quality certifying agency, and, if appropriate, the state Coastal Zone Management Agency, develops a list of categories of activities proposed for authorization under Letter of Permission procedures; and the District Engineer issues a public notice advertising the proposed list and the Letter of Permission procedures, requesting comments and offering an opportunity for public hearing; and a 401 certification has been issued or waived and, if appropriate, CZM consistency concurrence obtained or presumed either on a generic or individual basis.
Also See: General Conditions