Common use of FEDERAL EMERGENCY PROTOCOLS Clause in Contracts

FEDERAL EMERGENCY PROTOCOLS. A Corps designated “emergency” is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. The Corps may not view an action as an “emergency” if the applicant has known of the deficient condition of the failing structure and has not made reasonable attempts to secure appropriate permits and conduct timely repairs. Emergency authorization decisions are made on a case-by-case basis. The Corps will need the following information to authorize an emergency action; either by speaking with someone directly, leaving as much of the following information on voice mail and following up with more details as soon as possible: • Where the work is located (highway, river mile, nearest waterbody, nearest city, etc.) • What work is being performed (replacement of tidegate, wingwalls, etc.) • Include a discussion (amounts, location, etc.) of any temporary excavation/fill work and when the material will be removed and how the area will be restored. • How the work is being performed (clean excavation with backhoe, pushing of material with bulldozer, blasting out the culvert with water, etc.). • If any of the proposed work is in wetlands or below the plane of ordinary high water (freshwater) or below the plane of mean higher high or mean high water (tidal). • Details of any sediment/erosion control measures and fish exclusion measures utilized. • Relationship of the proposed work to previously existing structures (replacing what previously existed or adding different structures, etc). • Photos, if available, can often be very helpful • Anything else that could help us to determine what is being proposed (reference previously issued permits for work at the site) • Include what coordination with the NMFS/USFWS (Services) for ESA/EFH has occurred. Based on the information provided, the Corps will determine: a. If the work can be authorized by a NWP –The Corps will review for consistency with this Agreement and the related ESA/EFH and Tribal consultations. The Corps will provide authorization for the work. The applicant must fax or e-mail a SPIF to the Corps as soon as possible. If the proposed work does not meet the terms and conditions of this Agreement but may be authorized by a NWP (or combination of NWPs), the Corps will verify that coordination with State Historic Preservation Office (SHPO), the Federal Services (NMFS/USFWS), and Tribes is completed or they, in writing, have agreed to after-the-fact consultation. The Corps will then proceed to process the request for an after-the-fact authorization. b. If the work would require an individual permit - The Corps must follow the emergency procedures in 325.2(e) (4) including required coordination prior to work being performed in water of the U.S., with Northwest Division at Portland. • Division engineers are authorized to approve special processing procedures in emergency situations. In emergency situations, the district engineer will explain the circumstances and recommend special procedures to the division engineer who will instruct the district engineer as to further processing of the application. • Also, notice of any special procedures authorized and their rationale is to be appropriately published as soon as practicable. • The Corps will need to make sure that coordination with SHPO, the Services, Tribes, etc. is completed or they, in writing, have agreed to after-the-fact consultation. • Contact information can be found at: xxxx://xxx.xxx.xxxxx.xxxx.xxx/xxxxx.xxx (Regulatory/Permits - Contact Us - List of emergency contacts).

FEDERAL EMERGENCY PROTOCOLS. A Corps designated “emergency” is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. The Corps may not view an action as an “emergency” if the applicant has known of the deficient condition of the failing structure and has not made reasonable attempts to secure appropriate permits and conduct timely repairs. Emergency authorization decisions are made on a case-by-case basis. The Corps will need the following information to authorize an emergency action; either by speaking with someone directly, leaving as much of the following information on voice mail and following up with more details as soon as possible: •  Where the work is located (highway, river mile, nearest waterbody, nearest city, etc.) •  What work is being performed (replacement of tidegate, wingwalls, etc.) •  Include a discussion (amounts, location, etc.) of any temporary excavation/fill work and when the material will be removed and how the area will be restored. •  How the work is being performed (clean excavation with backhoe, pushing of material with bulldozer, blasting out the culvert with water, etc.). •  If any of the proposed work is in wetlands or below the plane of ordinary high water (freshwater) or below the plane of mean higher high or mean high water (tidal). •  Details of any sediment/erosion control measures and fish exclusion measures utilized. •  Relationship of the proposed work to previously existing structures (replacing what previously existed or adding different structures, etc). •  Photos, if available, can often be very helpful •  Anything else that could help us to determine what is being proposed (reference previously issued permits for work at the site) •  Include what coordination with the NMFS/USFWS (Services) for ESA/EFH has occurred. Based on the information provided, the Corps will determine: a. If the work can be authorized by a NWP –The Corps will review for consistency with this Agreement and the related ESA/EFH and Tribal consultations. The Corps will provide authorization for the work. The applicant must fax or e-mail a SPIF to the Corps as soon as possible. If the proposed work does not meet the terms and conditions of this Agreement but may be authorized by a NWP (or combination of NWPs), the Corps will verify that coordination with State Historic Preservation Office (SHPO), the Federal Services (NMFS/USFWS), and Tribes is completed or they, in writing, have agreed to after-the-fact consultation. The Corps will then proceed to process the request for an after-the-fact authorization. b. If the work would require an individual permit - The Corps must follow the emergency procedures in 325.2(e) (4) including required coordination prior to work being performed in water of the U.S., with Northwest Division at Portland. •  Division engineers are authorized to approve special processing procedures in emergency situations. In emergency situations, the district engineer will explain the circumstances and recommend special procedures to the division engineer who will instruct the district engineer as to further processing of the application. •  Also, notice of any special procedures authorized and their rationale is to be appropriately published as soon as practicable. •  The Corps will need to make sure that coordination with SHPO, the Services, Tribes, etc. is completed or they, in writing, have agreed to after-the-fact consultation. •  Contact information can be found at: xxxx://xxx.xxx.xxxxx.xxxx.xxx/xxxxx.xxx (Regulatory/Permits - Contact Us - List of emergency contacts).