Regional General Permit 5
Repair and Protection Activities
in Emergency Situations
The San Francisco District of the U.S. Army Corps of Engineers has re-issued Department of the Army Regional General Permit (RGP) 5 to authorize fill and dredging activities and work associated with the repair and protection of structures and property threatened with damage during emergency conditions. This RGP has been re-issued under the authority of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. This RGP will now expire on August 31, 2019.
The State Water Resources Control Board has issued a 401 Water Quality Certification for this permit and the EPA has issued a Conditional Water Quality Certification for federal permits or licenses issued for work on most tribal lands in the San Francisco District under this permit. These certifications include conditions that must be met to qualify a project for authorization under the permit.
In order for a project to qualify for authorization under this RGP, the applicant must comply with the General Conditions specified. The following list highlights, and therefore should not be considered a complete listing of, the steps which need to be followed to receive Corps' authorization under this RGP.
1. The situation must meet the criteria of an "emergency" as set forth in the RGP.
2. The applicant must submit a request containing the basic details outlining the situation and the remedies proposed to correct the situation. A copy of that request must also be sent to the State Water Resources Control Board and to the appropriate Regional Water Quality Control Board. A $60 processing fee must also be paid to the appropriate Regional Water Quality Control Board at this time.
3. The District Engineer (through the Regulatory Branch) will consult with appropriate resource agencies to obtain their timely input regarding the proposed project.
4. The project must have not cause more than a minimum impact to the aquatic environment after considering proposed mitigation. The District Engineer (or a person delegated to do so) will consider the applicant's submittal, information provided by other agencies, staff knowledge of the area and other applicable requirements and make a prompt decision whether to authorize the activity (with or without additional site specific conditions) or not to allow the project to proceed as proposed.
5. The District Engineer's decision will be communicated to the applicant as promptly and efficiently as possible. NOTE: The applicant must not start work until receiving proper authorization unless he determines that the consequences of not starting work outweigh the concern of proceeding without proper authorization.
6. After the work is complete, the permittee MUST submit a report detailing the actual work accomplished. The District Engineer, in consultation with all the involved agencies, will then determine if additional requirements will be imposed on the project to ensure there is no overall adverse affect to aquatic resources. This after activity report must also be sent directly to the State Water Resources Control Board and to the appropriate Regional Water Quality Control Board.
OUR NEXT REQUEST TO EXTEND THIS RGP WHEN IT EXPIRES WILL RECEIVE A MORE FAVORABLE CONSIDERATION IF PERMITTEE COMPLIANCE WITH THE REQUIREMENT FOR SUBMITTING THESE POST ACTIVITY REPORTS CAN BE DOCUMENTED.