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NOTICE OF DECISION TO ACCEPT FUNDS FROM THE
CALCASIEU PARISH POLICE JURY
FOR EXPEDITING SECTION 10/404 PERMIT APPLICATIONS
This Special Public Notice announces that the United States Army Corps of Engineers (“USACE”), New Orleans District (“CEMVN”), District Commander has decided to accept and expend funds contributed by Calcasieu Parish Police Jury (“CPPJ”) pursuant to a Memorandum of Agreement (“MOA”) between CEMVN and CPPJ, in accordance with Section 214 of the Water Resources Development Act of 2000, (“Section 214”), as amended by Section 1006 of the Water Resources Reform and Development Act of 2014. The purpose of the MOA is to establish the framework for the acceptance and expenditure of funds to be provided by CPPJ to expedite the CEMVN evaluation and processing of Department of Army applications submitted by CPPJ to CEMVN pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344) (hereinafter “Section 404”), and Section 10 of the Rivers and Harbors Appropriation Act of 1899, as amended (33 U.S.C. 403) (“Section 10”) collectively referred to as “Section 10/404” herein, for proposed CPPJ projects and activities that serve a public purpose and that are under the jurisdiction of the Department of the Army.
SPECIAL PUBLIC NOTICE
______________________________________________________________________________
U. S. ARMY CORPS OF ENGINEERS
BUILDING STRONG®
New Orleans District
7400 Leake Ave.
New Orleans, Louisiana 70118-3651
NOTICE OF DECISION TO ACCEPT FUNDS FROM THE
CALCASIEU PARISH POLICE JURY
FOR EXPEDITING SECTION 10/404 PERMIT APPLICATIONS
Informational Public Notice Issue Date: July 31, 2017
This Special Public Notice announces that the United States Army Corps of Engineers
("USACE"), New Orleans District ("CEMVN"), District Commander has decided to accept
and expend funds contributed by Calcasieu Parish Police Jury ("CPPJ") pursuant to a
Memorandum of Agreement ("MOA") between CEMVN and CPPJ, in accordance with
Section 214 of the Water Resources Development Act of 2000, ("Section 214"), as
amended by Section 1006 of the Water Resources Reform and Development Act of 2014.
The purpose of the MOA is to establish the framework for the acceptance and expenditure
of funds to be provided by CPPJ to expedite the CEMVN evaluation and processing of
Department of Army applications submitted by CPPJ to CEMVN pursuant to Section 404
of the Clean Water Act (33 U.S.C. 1344) (hereinafter "Section 404"), and Section 10 of
the Rivers and Harbors Appropriation Act of 1899, as amended (33 U.S.C. 403) ("Section
10") collectively referred to as "Section 10/404" herein, for proposed CPPJ projects and
activities that serve a public purpose and that are under the jurisdiction of the Department
of the Army.
CEMVN issued an initial Special Public Notice on March 21, 2016 advising the public of
its proposed intent to accept and expend funds contributed by CPPJ for the expedited
review and processing of Section 10/404 permit applications. Following the expiration of
the public comment period and the review of the comments received in response to the
Special Public Notice, the CEMVN District Commander determined that the acceptance
and expenditure of funds to be received from CPPJ for the expedited evaluation and
processing of Section 10/404 permit applications, is appropriate and in compliance with
Section 214 and all other applicable USACE guidance, laws and regulations, and that the
acceptance and expenditure of the funds will not adversely affect the permit evaluation,
review and processing timeframes for the general public who have not provided Section
214 funding. The decision of the CEMVN District Commander, including all public
comments received from the March 21, 2016 Special Public Notice, has been
documented in a Memorandum for Record ("MFR") which has been executed by the
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CEMVN District Commander and has been published on the CEMVN web page at
http://www.mvn.usace.army.mil/Missions/214Agreements.aspx and forwarded to
HQUSACE Regulatory Section 214 Manager. HQUSACE will maintain a copy of the
MOA during its active term on the HQUSACE website where a copy of the executed active
MOA, together with other related documents, such as decision documents and annual
reports will also be posted. The decision to enter into an MOA to accept funds does not
constitute any endorsement or implied consent to Section 10/404 requests by CPPJ;
rather, it enables CEMVN staff to devote the attention required to the Section 10/404
permit applications, in a more timely and more thorough manner than they may otherwise
be able to.
The March 21, 2016 Special Public Notice addressed (among other things) the types of
activities for which the contributed funds would be expended, how the expenditures will
expedite the review process, and the procedures to be used by CEMVN to ensure
impartial decision-making. These procedures are included in the MOA and are
summarized as follows:
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CEMVN shall establish separate accounts in the USACE Financial
Management System to track the acceptance and expenditure of funds
pursuant to the MOA in accordance with the USACE current fiscal year
budget execution guidance.
CEMVN personnel accomplishing the technical and administrative
tasks required to expedite the evaluation of the Section 10/404 permit
applications covered by the MOA, shall charge their time against the
specific applicable account when working on those requests.
Funds provided by CFPPJ will be expended on direct labor, salaries,
and overhead for CEMVN personnel performing expedited Section
10/404 permit processing activities for the proposed CPPJ projects and
activities.
Funds will only be expended to expedite the review and approval of the
Section 10/404 permit applications. Funds will not be expended for
review of the decision-maker's decision.
The CEMVN Section 10/404 review shall utilize the same procedures
for decisions that would otherwise be required for the evaluation of
permits for similar projects or activities not carried out using funds
authorized under Section 214.
CEMVN shall not eliminate any procedures or decisions that would
otherwise be required for the types of projects and Section 10/404
permit applications under consideration, and shall comply with all
applicable laws, regulations, policies, and guidance.
All final Section 10/404 decisions and decision documents, shall be
reviewed and approved in writing by a responsible official, at least one
level above the decision maker. The decision maker is the person that
has been delegated signature authority. The one-level-above review
must be a position that is not partially or fully funded by the same
funding entity.
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·
The parties shall comply with all requirements of applicable federal and
state laws, and USACE regulations, policies, and guidance.
USACE Districts nationwide have experienced improved permit evaluation and
processing under Section 214 MOAs, while simultaneously being able to maintain
impartial decision-making, integrity, and rigorous NEPA review and environmental
compliance. Implementation of the MOA will better serve the public interest through a
more cost-effective processing of Section 10/404 permit applications, enhanced
evaluation capability, and streamlined processing. CEMVN's capacity to evaluate permit
applications, and applications from applicants that are not a party to the MOA or that have
not provided Section 214 funding will not be adversely affected.
For additional information, please contact: Mr. Martin S. Mayer, Chief, Regulatory Branch
at (504) 862-2255 or by e-mail to martin.s.mayer@usace.army.mil.
Sincerely,
MAYER.MARTI
N.STEVEN.123
0824947
Digitally signed by
MAYER.MARTIN.STEVEN.1230824947
DN: c=US, o=U.S. Government,
ou=DoD, ou=PKI, ou=USA,
cn=MAYER.MARTIN.STEVEN.1230824
947
Date: 2017.07.28 12:25:46 -05'00'
Martin S. Mayer
Chief, Regulatory Branch
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