Click here for instructions on how to submit your application.
General Condition (GC) #32 of the Nationwide Permits (NWP) lists what should be provided to constitute a complete pre-construction notification (PCN). The following are tips on what to include in your submission to help expedite the review of your project.
- USACE Application for Department of the Army Permit - ENG FORM 4345 or Nationwide Permit Pre-Construction Notification – ENG FORM 6082 – most recent version (right click to download form to fill it out): While GC 32 does not require the use of an application form, forms like ENG 6082 were designed to include all the sections that are needed to ensure the PCN contains sufficient information to process the application. It is recommended that either one of these forms be used. All sections of the application form should be completed, and the form should be signed.
- Detailed Narrative: The project narrative should describe all the work to be performed, a clear project purpose and need statement, and explain how avoidance and minimization of temporary impacts and permanent losses of waters of the United States were achieved on the project site (i.e. site redesign, reduction in scope, alternate methods, etc.). It should include a description of the proposed construction practices that would be implemented to perform the proposed work and a description of the reasonably foreseeable direct and indirect effects to waters of the United States from the proposed construction practices.
For linear project, GC 32 states that where one or more single and complete crossings require pre-construction notification, the PCN must include impact information for all of these crossing, including those that do not trigger a PCN. It is recommended that this information be presented in a table with the following format:
- Project Location Map: the map shall provide the location of the entire project site and include latitude and longitude in decimal degrees format of the center point of your project boundary.
- Drawings: Drawings, including plan and cross-section views, should clearly depict the location, size and dimensions of the proposed activity, as well as the location of delineated waters of the U.S. on the site. The drawings should contain a title block, legend and scale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures.
The amount of details provided in the drawings should be commensurate with the type of project being submitted. For more complex projects, the plans must include grading contours, proposed and existing structures such as buildings footprints, roadways, road crossings, stormwater management facilities, utilities, construction access areas and details of water conveyance structures.
- Delineation of Waters of the U.S., including wetlands and streams, for the project area, and for areas adjacent to the project site (off-site wetlands must be identified through the use of reference materials including review of local wetland inventories, soil surveys, and the most recent available aerial photography), must be prepared in accordance with the current U.S. Army Corps of Engineers methodology. For sites supporting wetlands, the delineation should include a Floristic Quality Assessment (Flora of the Chicago Region: A Floristic and Ecological Synthesis. Wilhelm and Rericha, 2017). This information is needed to evaluate the habitat quality, which in turn helps evaluate whether that habitat might support threatened and endangered species.
Click here for more information on delineation standards and what should be included in the wetland delineation report.
- Color photographs: The photos should be sufficient to accurately portray the project site, keyed to a location map and not taken when snow cover is present.
- SESC Plan: A description of proposed soil erosion and sediment control (SESC) plans that identify all SESC measures to be utilized during construction of the project. If none are proposed, the PCN shall provide a description of why their use is not practicable or necessary.
- Mitigation (See General Conditions #23 and #32(b)(6)): The PCN must include at least a conceptual compensatory mitigation plan for all projects that require a PCN and will result in the loss of greater than 1/10th of an acre of wetland or 3/100 acre of stream bed. Mitigation conceptual plans submitted with the PCN must include the following information at a minimum: proposed compensation type (bank or in-lieu fee credit, restoration, creation, preservation, etc.), location and brief discussion on factors considered for site selection (i.e., soils, water source, potential for invasive species, etc.), amount proposed per resource type and a discussion of how the proposal will compensate for aquatic resource functions and services lost as a result of the project.
Note 1: All mitigation projects must comply with the Federal Regulations on compensatory mitigation (33 CFR 332) entitled “Compensatory Mitigation for Losses of Aquatic Resources: Final Rule”, dated April 10, 2008, which is available at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/mitig_info/
Note 2: Although a conceptual mitigation plan may be sufficient for the purposes of a PCN submission, a detailed mitigation plan must be approved by the Corps before any jurisdictional work may occur on the project site.
- National Wild and Scenic Rivers: NOTE: No Wild and Scenic Rivers are currently listed within LRC boundaries
- Historic or Cultural Resources: In accordance with General Condition #20, a PCN is required for any non-federal activity which may have the potential to cause effects to any historic properties* listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places. Please refer to General Condition #20 for submission requirements. In addition, all PCNs should include:
- A written statement indicating if any such properties may be affected by the proposed project.
- A copy of any completed archaeology or building/structure survey reports, if available. If a survey has not been performed, the statement shall include a list of resources checked in the determination.
- Copies of any pertinent correspondence documenting compliance. The applicant may obtain a letter from the Indiana Division of Historic Preservation & Archaeology indicating whether your project is in compliance with Section 106 of the National Historic Preservation Act of 1966, as amended;
- Copies of any available correspondence from federally recognized Indian Nations regarding historic properties that may be affected by the project.
NOTE: as stated in General Condition #20, if any listed, eligible or potentially eligible properties are present, the applicant shall not begin the activity until notified by the district engineer in writing either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed.
- Endangered Species and Essential Fish Habitat: In accordance with General Condition #18, non-federal permittees must submit a pre-construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. Please refer to General Condition #18 for submission requirements. Several tools are available to help determine if an activity might affect a listed species. The applicant is advised to:
- A written request to USFWS to review the presence or absence of threatened and endangered species on the project property should be submitted prior to submitting your application. Contact information for Indiana Field Offices may be found here: https://www.fws.gov/midwest/es/fld_off.html
- If there is potential habitat for any TE&C species or a mapped critical habitat within the project site, you are advised to contact our office as a survey may be needed. In general, you may be asked for the following:
- The results of any habitat surveys and presence/absence surveys. Note: all surveys should be coordinated with the USFWS and/or NOAA-Fisheries (NMFS) prior to initiation.
- A detailed description of the proposed project, including secondary impacts and approximate proposed project construction schedule of project activities (e.g. land clearing, utilities, stormwater management).
- A description of the natural characteristics of the property and surrounding area (e.g. forested areas, freshwater wetlands, open waters, and soils) and a description of surrounding land use (residential, agricultural, or commercial).
- A description of the area to be impacted by the proposed project, including the species, typical sizes (d.b.h.) and number or acres of trees to be removed.
- A description of conservation measures to avoid, minimize and/or mitigate impacts to listed species.