The U.S. Army Corps of Engineers (Corps) is seeking public comment by April 18, 2011, on its proposal to renew and revise Nationwide Permits (NWP) for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. In addition, the Corps is proposing to issue two new NWPs that would authorize certain renewable energy generation projects. The current set of NWPs expires March 18, 2012. The proposed NWPs will replace the expiring set.
NWPs are a type of general permit issued by the Corps that authorize various types of construction activities in federally controlled waters. The authorized activities are similar in nature and deemed to cause only minimal adverse effect on the environment. About 90 percent of the Corps’ regulatory workload is processed in the form of general permits, which are less costly and less time consuming than applying for an individual permit in advance of work because the underlying assumption is that the project meets the criteria. (Note that it is important to look closely at the general conditions that apply to the NWPs to make sure your project meets those conditions, as well as the criteria for a particular NWP.) In addition, permit holders must demonstrate compliance with other federal regulations such as the Endangered Species Act.
Preconstruction notification requirements give the Corps the opportunity to evaluate certain proposed NWP activities on a case-by-case basis to ensure that they will have no more than minimal adverse effects on the aquatic environment, individually and cumulatively. Thirty of the NWPs proposed for reissuance require pre-construction notification (PCN) for certain activities. Twenty of those NWPs require PCNs for all activities. This case-by-case review often results in adding case-specific conditions to the NWP authorization. Many districts have an application form on their website that is used for the preconstruction notification. Applicants should expect to provide a written description and drawings of the project and the area of impact. They also will need to show the location of all jurisdictional water(s) – streams, wetlands, etc. – in relation to the project.
Comments may be submitted on or before April 18, 2011, via e-mail to NWP2012@usace.army.mil or through the Federal eRulemaking portal at docket number COE-2010-0035. The Federal Register notice is posted here: http://www.usace.army.mil/CECW/Documents/cecwo/reg/nwp/NWP_prop_fr_16Feb2011.pdf
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