Courtesy Photo | From the crystalline glacial streams of the Kenai Peninsula to the remote lakes of the...... read more read more
JOINT BASE ELMENDORF-RICHARDSON - From the crystalline glacial streams of the Kenai Peninsula to the remote lakes of the Interior, the U.S. Army Corps of Engineers – Alaska District’s Regulatory Division is tasked with protecting aquatic resources while balancing reasonable development through the issuing of permits. Encapsulating docks, mines, house pads, and many other man-made structures, the district’s regulatory obligations are an important function in ensuring public compliance with federal law.
“Balance is a key part of our identity,” said Heather Markway, chief of the South Branch of the district’s Regulatory Division. “Ensuring a fair permit decision requires us to weigh a multitude of factors and rules.”
Rules and regulations
Among other federal regulations, the Regulatory Division derives its authority primarily from a pair of congressional acts that seek to regulate development impacting waters of the United States as well as wetlands. Section 10 of the Rivers Harbors Act of 1899 requires approval prior to the accomplishment of any work in or over navigable waters of the United States or work which affects the course, location, condition or capacity of those waters.
In addition, Section 404 of the Clean Water Act requires prior approval to discharging dredged or filled materials into waters and wetlands of the U.S. With these rules in mind, the district’s regulatory team provides a fair, unbiased decision when issuing a permit. In all cases, clear communication between the applicant and the district is crucial in reaching that end goal.
“Applicants should know that our guiding rules are the basis for almost everything that we do,” she said. “Section 404 and Section 10 apply across the nation, and it’s our duty to uphold those regulations throughout Alaska.”
Part of the process
To initiate the permitting process, regulatory professionals at the district must first understand the environmental resources at play in the area of interest. For wetlands in particular, hydrology, soils and vegetation are key components that must be understood and documented. Sometimes, a delineation is required to determine the extent and quality of the area of interest. This detailed process establishes the wetland’s existence and physical boundaries while documenting the location’s characteristics for the permitting process.
The mitigation hierarchy is an important precept of the Regulatory Division’s operating procedures and permitting decisions. As a primary goal, staff work with applicants to avoid the wetland as much as possible with their project. If this is not an option, methods of minimizing the impact to the wetland are then considered. When minimizing the effect upon the area is less feasible, the applicant and regulatory staff will explore the possibility of compensatory mitigation. In this stage of the hierarchy, the permitting team and applicant will endeavor to protect and preserve a nearby wetland to balance out the loss of an area under development.
In some cases of compensatory mitigation, an applicant will contribute to protecting a nearby wetland under a conservation easement to balance the development of the wetland on their property. This practice aligns with USACE’s “no-net-loss” mission for wetlands, which seeks to maintain an overall quantity of wetlands throughout the country.
“Alaska is very unique because of the size, variety and function of its wetlands,” Markway said. “Maintaining the functions of the ecosystem is the central priority in the mitigation hierarchy, and that goal takes a different form with every project.”
Modern tools
With an added emphasis on high-quality customer service, USACE recently unveiled the new Regulatory Request System as an important new development for the regulatory mission and for permittees to engage with the program. For applicants who are seeking information about a permit or are prepared to apply, the recently developed site is a “one-stop-shop” for people who want to apply for a permit or learn about the USACE regulatory program.
Within the site, visitors can view their permit application status, learn about the Regulatory Division or contact a representative at the district. The system is a wealth of information that facilitates the permitting process and enables the public a closer eye into the inner workings of the permitting process.
“This new site is a great tool to submit applications and see the status of a permit in real time,” she said. “We are very happy to have a streamlined and unified location for permitting for both the public and our own staff.”
The arrival of the Regulatory Request System represents an important innovation in the mission of the USACE regulatory team that offers a streamlined approach for applicants and regulators alike. With this new tool at their disposal, the district’s regulatory staff are now better equipped to execute their critical permitting mission with timeliness and professionalism. While the system is based online, the “human element” of the Regulatory Division remains as important as ever to the state of Alaska and around the United States.
“Our program is essential to the state’s people and environment,” Markway said. “We are here to help, and open communication with the public is very important to what we do.”
To learn more about the Regulatory Request System (RRS) and the USACE Regulatory Mission, visit the new site here: https://rrs.usace.army.mil/rrs
| Date Taken: | 07.29.2024 |
| Date Posted: | 07.29.2024 18:06 |
| Story ID: | 477283 |
| Location: | JOINT BASE ELMENDORF-RICHARDSON, ALASKA, US |
| Web Views: | 36 |
| Downloads: | 0 |
This work, USACE regulatory program celebrates rollout of new online permitting system to augment critical mission, by Cameron McLeod, identified by DVIDS, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright.
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