(1)Eligibility and Applicability. The Department may issue, orally or in writing, an emergency authorization to a person for the removal of material from the beds or banks or filling of any waters of this state in an emergency, for the purpose of making repairs or for the purpose of preventing irreparable harm, injury or damage to persons or property. In order to qualify for an emergency authorization the Department must determine that:
(a)The emergency poses a direct threat to substantial property, including but not limited to a dwelling, transportation structure, farm or cropland;
(b)Prompt action is required to reduce or eliminate the threat;
(c)The nature of the threat does not allow the time necessary to obtain some other form of authorization; and
(d)The proposed project is the minimal amount necessary to reduce or eliminate the threat and minimizes, to the extent practicable, adverse impacts to waters of this state.
(2)Information Requirements. Any person requesting an emergency authorization may apply verbally or in writing. Written applications may be sent via facsimile, e-mail or U.S. mail. Applications for an emergency authorization must include:
(a)The applicant planning and carrying out the activity;
(b)The location of the project;
(c)The nature of the emergency (specifically, the nature of the threat to public health, public safety or property and the immediacy of the threat and need to act promptly);
(d)A description of the proposed work, including the approximate volume of material to be removed and/or filled, how the work will be accomplished and the schedule for doing the work;
(e)The date and approximate time when the event that caused the emergency took place;
(f)A statement as to whether the emergency action is intended as a temporary or permanent response measure; and
(g)Additional information, as requested from the Department.
(3)Authorized Representative. The Department may authorize a person, including personnel from public agencies, to act as a representative of the Department to conduct an on-site evaluation of the planned activity and make recommendations as to whether or not the application should be approved as requested, approved with conditions, denied or processed as an individual removal-fill authorization application.
(4)Department Decision. Based on review of all the available information, the Department may take the following action(s):
(a)Approve the emergency authorization, either verbally or in writing; or
(b)Deny issuance of the emergency authorization. If a request for an emergency authorization is denied, the applicant may submit an application for an individual removal-fill permit, general permit or general authorization, as appropriate for the scope of the project.
(5)Written Authorization Needed to Confirm Verbal Authorization. If an emergency authorization is issued verbally, the authorization will be confirmed in writing by the Department within five calendar days confirming the issuance and setting forth the conditions of operation.
(6)Term. The term of the emergency authorization will be limited to the time necessary to complete the planned project and will be specifically stated in the authorization.
(7)Conditions of Emergency Authorizations. An emergency authorization may contain conditions to minimize the reasonably expected adverse impacts of the activity to waters of this state. Conditions may include:
(a)Compensatory mitigation or compensatory wetland mitigation;
(b)A requirement to revise the project and apply for a removal-fill permit after the emergency situation has subsided;
(c)A requirement to submit a report on the outcome of the project or monitor the project removal-fill sites; and
(d)Any other condition necessary to minimize reasonably expected adverse impacts on waters of this state.
Rule 141-085-0676 — Emergency Authorizations,