A Department of the Army permit is required for The Boring Company's Washington to Baltimore Loop Tunnel Project pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. Part 403).  The reason for this is the twin tunnels would cross approximately 65 feet under the Anacostia River, a navigable water of the United States and construction activities in, over or under navigable waters require Section 10 authorization.  The Baltimore District of the Corps will be responsible for processing a permit application for this project. 

The project may qualify for expedited processing under the Maryland State Programmatic General Permit but a determination cannot be made until a permit application is received and reviewed by the district.  Based upon currently available information, construction of this project is not expected to result in discharges of dredged of fill material into jurisdictional waters of the United States and as such authorization pursuant to Section 404 of the Clean Water Act (33 U.S.C. Part 1344) would not be required. 

It should be noted that a Department of the Army permit is only necessary for the crossing under the Anacostia River; other aspects of the presently proposed project would not be within Department of the Army jurisdiction and would not require authorization.