To: American Cultural Resources Association
National Conference of State Historic Preservation Officers
Society of Professional Archaeologists
Society for Historical Archaeology and
Anyone concerned about protecting historical and archaeological resources.
From: Loretta Neumann, CEHP Incorporated
Subjec NATIONWIDE PERMITS & HISTORICAL/ARCHAEOLOGICAL INTERESTS
Since many people will be interested in this subject, I decided to broadcast
it to all our on-line clients and colleagues. Please forgive cross-postings!
The Army Corps of Engineers (Corps) is holding regional hearings starting
next week to evaluate its program for issuing nationwide general permits
(NWPs) authorized under Section 404 of the Clean Water Act. Under that Act,
the Corps must decide whether to modify or reissue the full set of NWPs.
These permits are meant to avoid unnecessary public and federal agency review
of activities that take place in, but have very small impacts on, wetlands,
such as building a boat ramp, installing navigation buoys, or putting up a
telephone pole. The Corps now proposes to reissue all 37 of the existing
NWPs, some with modifications and expansion, and to issue four entirely new
nationwides. THIS PROGRAM AFFECTS A VARIETY OF ARCHAEOLOGICAL AND HISTORIC
PRESERVATION CONCERNS, AS WELL AS ENVIRONMENTAL.
The Advisory Council on Historic Preservation (ACHP), NCSHPO and National
Trust for Historic Preservation offered comments on the original permit
program in 1991, noting how the Corps' process was, in effect, not in
compliance with Section 106 of the National Historic Preservation Act. Their
advice was apparently ignored. Last year the ACHP provided comments on an
extension of the program that would cover single family structures. The Corps
never responded. There are, in fact, ways that the process could make sure
that historical properties and archeological sites are not advertently or
inadvertently trashed by permittees. For example, the ACHP has a programmatic
agreement with the Norfolk office of the Corps to handle the problemmatic
ones. But the Corps' wetland staff has apparently chosen to ignore them.
The commenting date for the program has been extended to September 3.
Individuals as well as organizations may comment. For technical information,
contact Grady McCallie of the National Wildlife Federation
([log in to unmask] or 202-797-6832). Or for help with general questions on the
hearings or comment process, Merritt Frey, [log in to unmask] (202) 289-2421
(he's with the Clean Water Network)
Among the concerns cited by environmental groups:
* Corps regulators rarely independently verify information submitted to
the agency on nationwide permit applications. There is no way of telling how
many applicants are fraudulently permitting themselves under nationwides
that don't require any reporting to the Corps at all.
* The Corps rarely monitors compliance with these conditions. Further,
citizens cannot sue the Corps to enforce the conditions of an NWP, even when
these are being flagrantly violated.
* Projects with significant impacts are often allowed to proceed by
combining several nationwides ("stacking" them) for a single project. For
instance, a housing development may use one nationwide for houses; another
each time a road is crossed; and a third to put in water, sewer, and power
lines. The impacts add up quickly. If the entire project can be fit under
various nationwides, it can avoid public notice or full environmental
review.
* The Corps wants to take the nationwides completely out of the Code of
Federal Regulations (CFR), the only place they can currently all be found
printed together. Instead, the Corps wants to issue the nationwides one by
one in the Federal Register, leaving it up to interested citizens to scan
the Register everyday for new nationwides to keep a running collection.
Following lists the upcoming hearing dates and locations, along with an
environmental and Corps contact for each. i WOULD STRONGLY URGE
HISTORICAL/ARCHAEOLOGICAL GROUPS IN THESE REGIONS TO ATTEND, FIND OUT FOR
YOURSELF WHAT THE IMPACTS MAY BE.
Seattle, WA. Hearing Date: August 21, 1996 12:30 - 4:30pm
Hearing Location: Joint Use Auditorium North, S. Federal Center, 4735
E. Marginal Way, South, Seattle, WA
Environmental Contact: David Ortman, Friends of the Earth, 206-633-1661
or [log in to unmask]
Army Corps contact: Bob Martin, 206-764-3495
Dallas, TX. Hearing Date: August 21, 1:30-4PM
Hearing Location: Hyatt Regency West Tower-DFW Airport
Environmental Contact: Morine Kovich, 214-368-1791 or Sandra Skrei,
Audubon at 512-327-1943 or E-mail: [log in to unmask]
Army Corps contact: Vicki Dickson 214-767-2435
Chicago, IL Hearing Date: August 27, morning session: 10 am -12 pm,
afternoon 1-4 pm
Hearing Location: Lobby Conference Center of River Center Building,
111 North Canal Street,
Environmental Contact: Jack Darin, IL Sierra Club 312-251-1680 or
[log in to unmask]
Army Corps contact: Mitch Isoe 312-353-6428
Atlanta, GA Hearing Date: August 29, 10 am
Hearing Location: Strom Auditorium, Richard B. Russell Fed. Bldg., 75
Spring Street
Environmental Contact: F.G. Courtney, GA Wildlife Federation
ph. 770-929-3350 or [log in to unmask]
Army Corps contact: Pat Bevel 404-331-6744
New York, NY Hearing Date: August 28, morning session: 10 am -12 pm,
afternoon : 1-5 pm
Hearing Location: U.S. Customs House Bankruptcy Court, Basement
Auditorium, One Bowling Green, at Broadway
Environmental Contact: Jeff Fullmer, Citizens Campaign for the
Environment, Ph. 516-360-0480
Army Corps contact: Mark Roth 212-264-0184
San Francisco, CA Hearing Date: Sept. 5, 3pm - 9pm
Hearing Location: Holiday Inn, Financial District, 750 Kearny St.
Environmental Contact: Arthur Feinstein. Golden Gate Audubon Society
Arthur
at: 510-843-2222 or Tot Hefflefinger, Sierra Club at: 415-332-6981 or
[log in to unmask]
Army Corps contact: Calvin Fong 415-977-8460
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