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June 18, 2020
DWR Submits Delta Conveyance Project Section 404 Permit Application to the U.S. Army Corps of Engineers

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The Department of Water Resources (DWR) has submitted a (revised) Department of the Army permit application pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act (Section 404 permit application) to the U.S. Army Corps of Engineers (USACE) to request authorization for the proposed Delta Conveyance Project activities in waters of the United States. 
 
Separately, DWR has initiated USACE (and the Central Valley Flood Protection Board) review of the Delta Conveyance Project under Section 14 of the Rivers and Harbor Act, Title 33 United States Code Section 408, as an activity that may affect the Federal-State flood control system. DWR is submitting its Section 404 permit application for the Delta Conveyance Project now in order to formally engage USACE in early coordination with DWR’s California Environmental Quality Act (CEQA) process regarding environmental review under USACE’s process for compliance with the National Environmental Policy Act (NEPA), as well as Clean Water Act and Rivers and Harbors Act. The USACE permit process will not be concluded until NEPA and all other relevant environmental compliance efforts are complete. 
 
Upon receipt of the Section 404 permit application, USACE is expected to coordinate with other federal agencies to identify the appropriate lead agency under NEPA. The appropriate federal lead agency will then issue a Notice of Intent (NOI) announcing the preparation of an Environmental Impact Statement (EIS), which will begin a comment period during which agencies and members of the public have an opportunity to comment on the contents of the permit application and scope and content of the EIS. More information about the federal scoping process will be available at that time of issuance of the NOI.

Additional information on the permit submittal can be found here and in this Q&A.



In Case You Missed It:

DWR published a digital article outlining next steps for the Delta Conveyance Project, including upcoming milestones and opportunities for public participation in the coming months as planning and permitting progresses.

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CALIFORNIA DEPARTMENT OF WATER RESOURCES
CONTACT US | WATER.CA.GOV/Deltaconveyance
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