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Work in Navigable Waters
(Department of the Army (Section 10)
What is the Purpose of this Permit?The U.S. Army Corps of Engineers regulates activities that could obstruct or alter navigable waters of the United States under Section 10 of the Rivers and Harbors Act of 1899. A list of navigable waters of the United States in Washington State can be found here.
What Activities Require this Permit?If you plan to conduct work in, over, or under navigable waters of the United States you must apply for authorization from the U.S. Army Corps of Engineers (Corps).
The Corps authorizes activities by issuing individual and general permits. Individual permits include Standard Individual Permits and Letters of Permission, and general permits include Nationwide Permits and Regional General Permits. The Corps determines which type of permit is needed. A Department of the Army permit can include authorization under Section 10 and/or Section 404.
If you have questions about the Corps permit process, contact the Corps project manager assigned to the county where the work is proposed.
How Much Will this Permit Cost?The cost depends on the form of permit, nature of work, and applicant. The fee for issued Standard Individual Permits is $100 for commercial or industrial activities and $10 for non-commercial activities. No fee is charged to federal, state, or local governments. There is also no fee for Letters of Permission, Nationwide Permits, or Regional General Permits.
Where Can I Get the Application for this Permit?The application which is called 'Joint Aquatic Resources Permit Application (JARPA) form' is online and can be accessed at http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa/9983/jarpa.aspx.
Do I Need to Include Anything with my Application?In addition to a complete JARPA form, you should include photographs of the project area, a vicinity map, and detailed drawings which clearly show the project and its location in relation to wetlands, creeks, rivers, or other waterbodies in the vicinity of the project area. Refer to the sample drawings and checklist on the Corps' Seattle District website.
Is the Decision on my Permit Dependent on Anything Besides the Information in my Application?If Endangered Species Act (ESA)-listed species or critical habitat may be affected by or occur in the vicinity of the proposed project, the Corps may need to consult with the National Marine Fisheries Service and/or U.S. Fish and Wildlife Service before making a permit decision. If consultation is required, you may need to prepare and submit a Biological Evaluation describing the impact your project would have on ESA-listed species and critical habitat, and proposed measures to minimize those impacts. Other Federal laws and tribal treaty rights can also affect permit decisions.
How Long Will it Take to Review my Application?After receipt of a complete application, the Corps' goal is to process the application within the following timeframes:
Where do I Submit my Application?Submit your application to the U.S. Army Corps of Engineers at the address below.
How Long is my Permit Valid?The expiration date of a permit is the date by which the work must be completed. Authorization under a Nationwide Permit or Regional General Permit generally expires when the general permit expires. General permits are issued for a period of 5 years, so authorizations are valid for shorter periods of time as the general permit nears its expiration date. Letters of Permission are normally issued for 3 years. Standard Individual Permits are normally issued for 3 to 5 years. In some cases, such as maintenance dredging, a standard permit may be issued for up to 10 years.
What is the Appeal Process for the Permit?The terms and conditions of a proffered Letter of Permission or Standard Individual Permit may be appealed by the applicant under certain circumstances. Nationwide Permit and Regional General Permit verifications are not appealable. The Corps' Northwestern Division Engineer must receive a request for appeal within 60 days of the permit decision date.
Notes / Comments:You may also need to provide additional information addressing cultural resources, project alternatives, compensatory mitigation and other factors, depending on the location, scope, and nature of your project.
You may be eligible to extend the expiration date of a Letter of Permission or Standard Individual Permit. You must request an extension from the Corps at least one month before your permit expires. Expired individual permits may not be extended.
Seattle District Regulatory Branch
PO Box 3755
Seattle, WA 98124-2255
Telephone: (206) 764-3495
Fax: (206) 764-6602
* Permit information last updated 8/18/2016
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