Permit Application Review Process
Upon receipt of an application, an initial review is made to determine if the application is complete enough to enter the application into our database. If the application is found to contain all required information, including fees, a letter will be sent to the applicant within 10-days acknowledging receipt of the application. If the application is found to be incomplete, it will be returned to the applicant, or the applicant will be sent an “incomplete letter” that will list what information is missing from the application. If the missing information is not submitted within a reasonable amount of time, the application process will be stopped and a new application may be required to resume the review process.
Once the application is deemed acceptable, it will be assigned to CVFPB staff for a more thorough technical and, as a responsible agency only, environmental review of the potential impacts of the proposed work or use. Additional information may be requested by CVFPB staff at this time. Each application is reviewed to determine completeness and compliance with the California Water Code, Section 8710, and California Code of Regulations, Title 23, Division 1, Sections 1 through 193 (Title 23). Once the application is found to be complete and in conformance with Title 23, it will be assigned an application number and a letter will be sent to the applicant with a project description that should be reviewed by the applicant, or the applicant’s representative, to ensure the description includes all items and/or features that are to be permitted. Letters will also be sent to adjacent landowners to ensure they have no flood control concerns related to the proposed project. At this time, the application is sent to the U.S. Army Corps of Engineers (USACE) Levees and Channels Branch (Section 408) for their review and comment.
The USACE review will be carried out pursuant to the following authorities:
Section 14 of the Rivers and Harbors Appropriation Act of 1899 (codified in Title 33 United States Code Section 408) regarding the authority to make alterations to, or to temporarily or permanently occupy or use, any USACE federally authorized civil works project;
Section 10 of the Rivers and Harbors Appropriation Act of 1899 (codified in Title 33 United States Code Section 403) regarding work or structures in, under, or above navigable waters; and
Section 404 of the Clean Water Act (CWA) of 1972 (codified in Title 33 United States Code Section 1344) regarding discharges of dredged or fill material into waters of the United States.
For more information on the permit review pursuant to Section 404 or Section 10 of the CWA, please contact the Regulatory Branch of the USACE at:
Sacramento District HQ Office
1325 J Street, Room 1350
Sacramento, California 95814
Phone: (916) 557-5250 or CESPK-REGULATORY-INFO@usace.army.mil