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:

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: