Common use of PROJECT REVIEW AND PERMITTING PROCESS Clause in Contracts

PROJECT REVIEW AND PERMITTING PROCESS. The Work Group has agreed on a comprehensive Project Review and Permitting Process. This new process is intended to stimulate fundamental changes in the way flood damage reduction projects are planned and in the system for permitting those projects. This process applies to projects that address substantial water management or resource management problems and/or that would benefit from early and on-going stakeholder communication and collaboration. Flood damage reduction projects in the Basin are subject to a permitting system based on both state and federal law. The U.S. Army Corps of Engineers St. Xxxx District has federal regulatory authority, and the Minnesota Department of Natural Resources and Minnesota Pollution Control Agency have state regulatory authority, over most flood damage reduction and natural resource development projects in the Red River Basin. In addition, the Corps of Engineers has responsibility for adherence to National Environmental Policy Act requirements, and state and local agencies have responsibility for adherence to Minnesota Environmental Policy Act requirements as they apply to specific projects. The agencies as stated in the cumulative EIS (Section 6.4.1c) agreed to do joint processing for projects in the Red River Basin. The Work Group recognizes that the permitting process for flood damage reduction projects has become a forum for conflicts over important interests and public policy goals in the Basin. Stakeholders perceive a lack of certainty and finality for permit requirements and experience costly delays in responding to information requests. Stakeholders seek clarity from state agencies about their policy goals and a commitment to permitting timelines. They also seek some mechanism for making informed decisions about resource allocation that reflect the likelihood of project approval by permitting agencies. Agencies seek cooperation from stakeholders in harmonizing natural resource protection and enhancement with flood damage reduction. Public interest groups have felt excluded from the project planning process in watershed districts and from state agency permit evaluation and decision making. These groups seek expanded involvement in the project planning and permitting process. The U.S. Army Corps of Engineers must protect its regulatory independence, but recognizes the potential benefits of early coordination and planning of flood damage reduction projects that is consistent with federal law. Before the Corps of Engineers can issue a permit the applicant must clearly demonstrate that there are no other practical project locations or methods that would avoid or minimize environmental impacts such as wetland/water losses. After the avoidance and minimization criteria are satisfied, compensatory mitigation is usually required that would replace the unavoidable wetland area/value loss to the maximum extent practical. Additionally, a permit cannot be issued if the Corps determines that the project would have a significant, adverse effect upon aquatic resources or is contrary to the public interest. The new process is set out below.