Meeting_Body
REVISED
PLANNING AND PROGRAMMING COMMITTEE
APRIL 14, 2021
Subject
SUBJECT: U.S. ARMY CORPS OF ENGINEERS MEMORANDUM OF AGREEMENT FOR SECTION 404 PERMITS FOR METRO PROJECTS
Action
ACTION: APPROVE RECOMMENDATION
Heading
RECOMMENDATION
Title
AUTHORIZE the Chief Executive Officer to execute the Memorandum of Agreement between Los Angeles County Transportation Authority (LACMTA) and the US Army Corps of Engineering, Los Angeles District, for Section 404 Permitting Process (Attachment C).
Issue
ISSUE
Metro planning and construction projects often need to coordinate with the United States Army Corps of Engineers (Corps), Los Angeles District (LAD), to secure permits and approvals. The Los Angeles River Path Project needs to secure a Section 404 (Clean Water Act of 1972) permit and it is anticipated that future additional Section 404 permits will be required for other Metro projects.
In order to streamline the permitting process with LAD, it would be more efficient to enter into a Memorandum of Agreement (MOA) between LACMTA and the LAD to facilitate memorializing roles and responsibilities and to expedite project delivery schedules. This MOA has been prepared in a manner that would accommodate this and any other future Metro project that may require Section 404 services from the LAD.
Discussion
DISCUSSION
In September 2019 , the Board approved LACMTA to enter into a first MOA with the Corps to facilitate coordination on Section 408 (permission from the Corps to alter the Corps constructed Civil Works) permitting process for a number of projects, including Pillar Projects, Measure M/R and Twenty-Eight by '28 Projects (Attachment A). Subsequently, LACMTA and the Corps entered into the MOA in December 2019 (Attachment B).
All the projects included within the Section 408 MOA with the Corps will also be required to obtain Section 404 permits due to their interaction with the Waters of United States. Hence, this would be a second executed ...
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