About the Author

Mark Kablack is a real estate and land use attorney with offices in Westborough, MA, and currently Co-Chairs the HBAM Public Policy Committee.

New Army Corps Programmatic Permit

The new ACOE Programmatic Permit for Massachusetts was just issued on 1.21.10. 

It can be accessed via the following weblink:  http://www.nae.usace.army.mil/reg/09/2009-1217.pdf

Some of the major changes to the GP include:

  • Proponents for Category 1 projects must now provide the Category 1 Form (Appendix C) to the Corps before starting the work authorized by this GP.
  • All applicants for Category 2 projects must now apply to either the Corps OR MassDEP as appropriate.
  • General Condition 3– This general condition (GC) requires secondary impacts to waterway and/or wetland areas, (e.g., areas drained, flooded, cleared, excavated or fragmented) to be added to the total fill area when determining the project review category (Category 1, 2 or Individual Permit review). Direct, Indirect,Secondary, and Cumulative Impacts/Effects are defined at Appendix A, Endnote 2.
  • General Condition 5 — This GC now states “When determining the review category in Appendix A (Category 1, 2 or Individual Permit) for a single and complete project, proponents must include any permanent historic fill placed since August 1993 that is associated with that project and all currently proposed temporary and permanent impact areas.”

The Army Corps has just issued a Regional Supplement to the 1987 ACOE Wetlands Delineation Manual which will become effective 30 days after today’s date

A weblink to this Supplement can be found as follows:  http://www.nae.usace.army.mil/reg/10/spn020210-1987Manual.pdf

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