Once you determine you need an ARAP, how do you get one? To get an ARAP, you have to submit an application and complete the application process. The steps in the process vary depending on which permit you need. In this post, we’ll discuss the basics of the application and application process for both Individual Permits (IPs) and General Permits (GPs).
ARAP Application
- Comprised of three items: CN-1091 form, supplemental documentation, and online payment / certification
- CN-1091 is the application form itself. It’s also called the “Notice of Intent”.
- Applicants fill out and save the CN-1091 form, prepare supplemental documentation, and then email both of those to ARAP.permits@tn.gov. Then, they follow the instructions in the myTDEC Forms ARAP payment form to pay their application fee.
- TDEC is currently working to create a fully-online form through their myTDEC Forms portal. When that is officially launched, it will replace the CN-1091 form, and you’ll upload your supplemental information directly into the form.
- The application form is the same for the individual permits (IPs) and general permits (GPs). However, there are some information items in the application that GP applicants do not need to submit, because TDEC completes some of the work in advance for the GPs. (More on that later.)
- Applicants must submit a complete application to move forward in the process. This means that they have provided all of the information required for TDEC to understand their proposal, quantify proposed impacts, and ensure the legal requirements for ARAP are met.
Application Process
- Differs for IP and GP, because TDEC pre-worked the GPs to simplify the process
- Goal is to evaluate project proposal to quantify impact and apply appropriate treatment according to law and rule
- Have to ensure the authorized activity:
- Does not cause pollution (TCA §69-3-108)
- Will cause no net loss of resource value (Rule 0400-40-07-.04 (6)), and
- Will not cause greater than de minimis degradation of water quality except where determined necessary for important economic or social development (Rule 0400-40-03-.06)
- Have to ensure the authorized activity:
Individual Permit (IP)
The Individual Permit is the standard ARAP coverage. These permits are reviewed and issued by the Natural Resource Unit (NRU), based in TDEC’s Central Office in Nashville, TN. Permit writers have to evaluate the proposed impacts and the project in full scope of the regulation to be able to apply the necessary regulatory steps, minimization, best practices, and conditions. They write a custom, individualized permit for each permittee that speaks to the specific needs of the project.
- Standard coverage
- Requires all information listed in the CN-1091
- Any project that doesn’t fit a GP, either by impact size or activity type
- Impacts usually cause greater than de minimis degradation, but not always
- Applicants issued their own permit
The flow chart below is a detailed diagram of the typical individual permit permitting process for projects. The steps in gray are usually TDEC actions, not actively involving the applicant. The steps in blue are usually applicant actions requiring active input. The pre-application steps labelled (1) and (2) summarize the steps taken to determine if an ARAP is even needed, as discussed in last week’s post How Do You Know if You Need an ARAP?.
The process involves multiple individuals, including the TDEC permit writer / reviewer assigned the application, the applicant, the applicant’s consultants (if applicable), supporting staff within TDEC, and sometimes staff in other government agencies such as TWRA or TVA. Each step can happen nearly instantly or over the course of weeks, depending on how complex the needed work and coordination are.
Figure 1. “Individual ARAP Permitting Process”, ©TN Environmental
General Permit (GP)
A General Permit is a simplified form of ARAP coverage for common, minimized impacts. TDEC currently has 20 general permits, which are “Individual Permits” they have pre-issued for different activities. Applicants who receive authorization under a GP are not issued their own permit but covered under the statewide permit. Think of the permits like umbrellas:
Individual permits are individual umbrellas. Permittees who receive an individual permit are given their own umbrella to open and stand under. However, permittees who receive a general permit are invited to stand under an umbrella that TDEC is already standing and holding open.
The general permit application process is simplified, because when TDEC writes and issues the general permits, they do a lot of the work in-advance themselves. The permit drafting and review, public noticing, crafting of conditions, and thorough evaluation of requirements for permissibility under law and rule are all completed before the general permits are issued.
- Shorter process because of TDEC pre-work
- Only require application sections 1-9
- Usually for impacts which cause de minimis degradation
- Applicants issued a “Notice of Coverage” under existing permit
- Applicants don’t have custom conditions but MUST follow the GP conditions
General permit applications are most often reviewed by ARAP staff in the Environmental Field Offices (Jackson, Memphis, Nashville, Columbia, Cookeville, Chattanooga, Knoxville, Johnson City). These staff are not considered “permit writers” like the NRU staff working on individual permits, because they don’t write any permits. They are reviewers who evaluate whether proposed activities “fit” in one of the GPs.
The flow chart below is a detailed diagram of the typical general permit permitting process for projects, following the same formatting as the above chart for individual permits.
Figure 2. “General ARAP Permitting Process”, ©TN Environmental
Want to know more?
If you’re considering a project that might involve WOTS, you’ll need to get any required permits before you start any work. TN Environmental is here to help you navigate the process with clarity and confidence.
For more information about the ARAP program, check out our ARAP resources page here.
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Have specific questions? Contact us! We are happy to discuss your property or project and can book an on-site consultation or a consultation call to start tackling your proposal.