December 16, 2019
It’s that time of the regulatory year again! As the rainy season continues, we thought we’d send out a friendly reminder of streamlined emergency permitting procedures since they can be critical to addressing rain-induced emergency situations as quickly as possible. If you are unfamiliar with the most well-known emergency processing procedure in our area, I suggest scrolling down our blog page a bit to read our “Emergency Processing Procedures, Regional General Permit 63” post which highlights the U.S. Army Corps of Engineers (Corps) Los Angeles District’s Regional General Permit (RGP) 63.
RGP 63 is an expedited permitting process which authorizes impacts on jurisdictional aquatic resources for emergency actions that would result in minimal environmental effects. RGP 63 permits are critical in true emergencies and allow the Corps to act quickly (i.e., within hours to days) on RGP 63-qualifying actions. As we noted previously, it’s important to keep in mind that RGP 63 can only authorize the minimum work necessary to alleviate the immediate emergency. RGP 63 defines an emergency situation as “a clear, sudden, unexpected, and imminent threat to life or property demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services (i.e., a situation that could potentially result in an unacceptable hazard to life or a significant loss of property if corrective action requiring a permit is not undertaken immediately).” Activities covered by RGP 63 are expected to be performed quickly (i.e., within 14 days) given the emergency nature of the projects authorized.
If you have an emergency situation per RGP 63, notify the Corps as soon as possible. The full RGP 63 is linked here and includes details regarding the necessary contents of an adequate notification. Applicants may use the standard Corps application form (ENG 4345) for RGP 63 notification although a letter or email outlining the necessary information is also acceptable. RGP 63 also includes information regarding coordination with regulatory agencies other than the Corps.
Want more clarification? The Corps’ Carlsbad Regulatory Field Office is putting on a workshop tomorrow (details below) to help clear up questions on emergency permitting:
9:00 a.m. – 10:30 a.m.
Tuesday, December 17, 2019
City of San Diego’s MOC II facility auditorium
9192 Topaz Way, San Diego, CA 92123
If you aren’t able to make the workshop, don’t fret as we’ll be there and will follow-up with a summary for your reading pleasure. Until then, check out the Corps’ recent special public notice regarding emergency processing procedures or just reach out to us if you have any questions or concerns regarding RGP 63 or general emergency permitting.