Regulatory Authorities and Permit Types in Environmental Compliance
Alyssa Barrette, WisDOT
Feb. 27, 2018 | SW Utility Conference
USACE Regional General Permits
Background
Changes
New permit details
FWS Listing Work Plan
2
3
Corps Regulatory Authorities
Section 404 Clean Water Act
Section 10 Rivers and Harbors Act
But also…other federal laws
Endangered Species Act (Section 7)
National Historic Preservation Act (Section 106)
National Environmental Policy Act (NEPA)
Among others
4
5
Permit
Types
Adoption of Nationwide Permits - May 2017
Change in Regional General Permits - July 2017
Applicable in MN & WI
Replace existing RGPs in both states
6
Acronym Soup
:
N
W
P
:
N
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t
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o
n
w
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d
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P
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r
m
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s
Nationwide and District-wide consistency
Improved efficiency
WI’s GPs expiring/expired
7
Beach Creation & Nourishment
Beach Raking
Minor Discharges
Piers and Docks
T
r
a
n
s
p
o
r
t
a
t
i
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n
U
t
i
l
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Wildlife Ponds
8
Today’s focus
Covers ALL transportation activities
Provides Section 10 & 404 coverage
5 activity categories
1.
Minor Maintenance – Linear Transportation
2.
Modification – Linear Transportation
3.
New Construction – Linear Transportation
4.
Non-Linear Transportation Projects
5.
Surveying
9
T
R
G
P
:
T
r
a
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s
p
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R
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g
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e
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e
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a
l
P
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r
m
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Provides Section 10 & 404 coverage
5 activity categories
Utility lines
Utility survey activities
Substation facilities
Access roads
Remediation of inadvertent returns of drilling fluid
10
10
R
G
P
:
R
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g
i
o
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a
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e
r
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P
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Definition of a “single and complete” project
Terminology
Conditions
…and more!
11
11
12
12
13
13
Many the same as
before, but a few new or
revised
Notable Conditions:
Compliance certification (2)
Duration of temporary
impacts (15)
14
14
15
15
What is it?
Why did FWS develop this?
How does it affect Wisconsin?
For more info:
https://www.fws.gov/endangered/what-
we-do/listing-workplan.html
16
16
Alyssa Barrette
WisDOT Ecologist & Wetland Biologist
Alyssa.Barrette@dot.wi.gov
(608) 266-1017
17
17
Dive into the complexities of regulatory authorities such as the Clean Water Act, Rivers and Harbors Act, and other federal laws governing environmental compliance. Explore different permit types, changes in general permits, and the adoption of nationwide permits. Discover the importance of consistency, efficiency, and focus areas including transportation and utility projects.
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Presentation Transcript
Alyssa Barrette, WisDOT Feb. 27, 2018 | SW Utility Conference
USACE Regional General Permits Background Changes New permit details FWS Listing Work Plan 2
Corps Regulatory Authorities Section 404 Clean Water Act Section 10 Rivers and Harbors Act But also other federal laws Endangered Species Act (Section 7) National Historic Preservation Act (Section 106) National Environmental Policy Act (NEPA) Among others 4
Permit Types 5
Adoption of Nationwide Permits - May 2017 Change in Regional General Permits - July 2017 Applicable in MN & WI Replace existing RGPs in both states Acronym Soup: NWP: Nationwide Permits RGP: Regional General Permits 6
Nationwide and District-wide consistency Improved efficiency WI s GPs expiring/expired WHY?! 7
Beach Creation & Nourishment Beach Raking Minor Discharges Piers and Docks Transportation Utility Wildlife Ponds Today s focus 8
TRGP: Transportation Regional General Permit Covers ALL transportation activities Provides Section 10 & 404 coverage 5 activity categories 1. Minor Maintenance Linear Transportation 2. Modification Linear Transportation 3. New Construction Linear Transportation 4. Non-Linear Transportation Projects 5. Surveying 9
Provides Section 10 & 404 coverage 5 activity categories Utility lines Utility survey activities Substation facilities Access roads Remediation of inadvertent returns of drilling fluid RGP: Regional General Permit 10
Definition of a single and complete project Terminology Conditions and more! 11
Old New Permit application Pre-construction notification Reporting PCN & Corps authorization required Non-reporting PCN not required 13
Many the same as before, but a few new or revised Notable Conditions: Compliance certification (2) Duration of temporary impacts (15) 14
Species Federal Fiscal Year 2018 2019 2019 2019 2020 2022 2023 2023 2023 2023 2023 2023 What is it? Why did FWS develop this? How does it affect Wisconsin? Yellow banded bumblebee Hall s bulrush Monarch butterfly* Bog buck moth Northwestern moose Regal fritillary Blanding s turtle Golden-winged warbler Little brown bat Salamander mussel Frosted elfin butterfly Wood turtle For more info: https://www.fws.gov/endangered/what- we-do/listing-workplan.html 16
Alyssa Barrette WisDOT Ecologist & Wetland Biologist Alyssa.Barrette@dot.wi.gov (608) 266-1017 17
