by BLANCHE HARDY
The U.S. Army Corps of Engineers (Corps) is relying on SES Energy Services LLC to process Clean Water Act Section 404permits in Florida, following a year of court rulings that stripped the program from the State of Florida’s control.
A federal court ruled in February that the Corps re-assume Clean Water Act Section 404 permitting regulating the discharge of dredged or fill material into waters of the United States, including wetlands, in Florida. The 404 Program was previously administered by the Florida Department of Environmental Protection (DEP). It has been out of their hands since the ruling.
Florida assumed responsibility for the program from the Corps on Dec. 22, 2020, after U.S. Environmental Protection Agency (EPA) approval of the state’s program. The court ruling is based on arguments EPA acted illegally when it transferred authority to the state. DEP filed an appeal of the decision in May. The Corps announced in July it would begin processing permit applications. DEP provided their files relating to pending Clean Water Act Section 404 actions to the Corps the same month
Shawn H. Zinszer, Corps Jacksonville District Regulatory Division Chief, explained that the contract recently awarded to SES Energy Services LLC, “was initiated well before U.S. District Court for the District of Columbia vacated EPA’s approval of Florida’s application to assume the Clean Water Act Section 404 program,” he said. “This contract has nothing to do with that decision or its implementation. The contract is for assistance to all South Atlantic Division Districts and is limited to work on letters of permission, which are primarily used for docks in navigable waters, which are regulated under Section 10 of the Rivers and Harbors Act.”
Between Feb. 15 and Oct. 15, the Jacksonville Regulatory Division reports it has issued approximately 1,000 permits that are 404-related, in addition to other permits issued under other authorities. According to Zinszer, applicants have submitted applications for, and the Corps has issued permits for, a broad range of activities that vary in complexity and scope.
The Corps noted that approximately 948 pending permits are being reviewed under the Corps Section 404 CWA authority. Some may subsequently be withdrawn. There may also be other pending actions that may require a Section 404 review.
Review is being undertaken by Corps staff in the Jacksonville District office in Florida and by 28 other Corps Districts and Technical Regional Execution Centers across the country. The Corps reported that there are approximately 200 project managers reviewing, evaluating, and processing Section 404 permit applications for activities in Florida as well.
Applications are screened in the order they are received and are all assigned in a uniform manner, said Zinszer. Tasks are incorporated into the project managers’ existing review. Review time depends on the purpose, work, activities, impacts, complexity, resources, and any special circumstances specific to that application.
The Corps has received and is utilizing the environmental and technical information developed through FDEP’s processes. “USACE must independently evaluate such information and comply with all applicable federal laws and regulations,” Zinszer said. “Many of the application packages USACE has received from FDEP do not contain the minimum information required for a complete application or for USACE to complete its evaluation. We continue to work with the applicants and their agent/consultant to ensure that the information provided meets all Federal requirements.”
