14.162.120 Alternative review process, Corps of Engineers Section 404 individual permits.
A. The alternative review process outlined below will be used in cases where a Section 404 individual permit is required from the U.S. Army Corps of Engineers. (Refer to 33 CFR Sections 320.1, 323.2(g), and 325.5(b)(1).)
1. The applicant shall notify the Department when the applicant applies for the Section 404 permit or contacts the Corps concerning a specific project. The applicant shall apprise the Department of the Corps’ permitting process, including notifying the Department of all hearings or meetings scheduled to discuss the applicant’s project, potential mitigation or approval. The review process of the Corps will substitute for the review process outlined in LMC 14.162.130. The City participation in the Corps’ review process does not constitute approval of the applicant’s project by the City. The substantive provisions of this chapter are still applicable and authorization of regulated activities will be approved or denied by the Department based upon those provisions. However, the Department shall consider the mitigation requirements as set forth by the commenting agencies during the Corps’ review process and shall concur with that mitigation, if it is functionally equivalent with the requirements of this chapter.
2. The applicant shall submit the information specified in LMC 14.162.070 and 14.162.100 to the Department when filing for the Corps permit. The Department may also require the submittal of any additional information deemed necessary.
3. Notice of Application. A notice of application will be required for any permit applications subject to Chapter 18A.20 LMC, Article III. [Ord. 726 § 2(Exh. A), 2019; Ord. 362 § 3, 2004.]