US Army Corps of Engineers
Buffalo District

Regulatory

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NY Letters of Permission

NY Section 404 Letters of Permission

NY Section 404 Letters of Permission Application Procedures

Summary of Categories

LOCATION OF WORK:

These LOP procedures shall apply to work in all waters of the United States (WOUS) that are located within the State of New York and subject to regulation by the USACE Buffalo District.

ACTIVITIES COVERED:

Categories of Activities eligible for LOP authorization include the following, subject to the General and Special Conditions and requirements noted below, and any Special Conditions added by USACE upon project specific review:

Category 1:     THE DISCHARGE OF DREDGED OR FILL MATERIAL CAUSING THE LOSS OF UP TO 1.0 ACRE OF WOUS ANDTHE LOSS OF NO MORE THAN 500 LINEAR FEET OF STREAM CHANNEL ASSOCIATED WITH THE CONSTRUCTION OF RESIDENTIAL, COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL DEVELOPMENTS. 

•           Authorization will be limited to projects that include appropriate compensatory mitigation and which have been determined to represent the least environmentally damaging practicable alternative according to CWA 404(b)(1) guidelines.  

•           Culverted stream crossing activities will be conducted according to guidelines outlined in Appendix A- Culvert Installation Requirements, unless criteria are waived by the USACE.

Category 2:     PLACEMENT OF A MAXIMUM OF 2000 CUBIC YARDS OF SAND INTO OPEN WATERS TO MAINTAIN AND RESTORE BATHING BEACHES. 

•           Authorization shall be limited to projects involving a maximum of 2000 cubic yards of beach-compatible sand placed below ordinary high water (OHW). 

•           Sand material is to be obtained from an upland source or suitable dredged material meeting grain size requirements outlined in the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf).

•           The dredged material must be free from chemical, biological, or other pollutants.

•           Placement may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

•           Note:  Any dredging activities will require a separate permit authorization. 

Category 3:     PLACEMENT OF NO MORE THAN 10,000 CUBIC YARDS OF PREDOMINANTLY GRANULAR DREDGED MATERIAL INTO NEARSHORE AREAS OF THE NIAGARA AND ST. LAWRENCE RIVERS, AND LAKES ERIE AND ONTARIO, LOCATED WITHIN THE STATE OF NEW YORK TO MAINTAIN THE LITTORAL SYSTEM.

•           Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

•           If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for near shore placement.

•           If testing of the coarse-grain dredged material is determined as necessary, surface grab samples are acceptable to represent characteristics of the dredged material - if the material has been dredged within the last five years and/or constitutes a shoal that is less than two feet above the proposed dredging elevation as defined in Title 40 CFR 230.11(d).

•           The dredged material must be free from chemical, biological, or other pollutants.

•           These discharges may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

           Note:  Any dredging activities will require a separate permit authorization. 

Category 4:     DISCHARGE OF DREDGED MATERIAL INTO USACE APPROVED OPEN LAKE PLACEMENT AREAS IN LAKES ERIE AND ONTARIO LOCATED WITHIN THE STATE OF NEW YORK. 

•           Note:  Any dredging activities will require a separate permit authorization. 

•           Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

•         If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for open-lake placement. 

•           The current placement areas available for use under LOP procedures are at the following locations:

Lake Ontario Open Lake Placement Areas* offshore from:

Wilson Harbor, NY

Olcott Harbor, NY

Rochester Harbor/Irondequoit Bay, NY

Great Sodus Bay, NY

Little Sodus Bay, NY

Oswego, NY

Lake Erie Open Lake Placement Areas* offshore from:

Barcelona

Dunkirk

*Note:  This list is for current placement areas only.  Any areas approved in the future for USACE dredge placement would also be eligible for public use under the proposed LOP procedures if a 401 WQC is issued by the New York State Department of Environmental Conservation (NYSDEC).