Swamp Stomp
Volume 17, Issue 19
On January 6, 2017, the U.S. Army Corps of Engineers (USACE) publicized the changes and renewals to nationwide permits (NWPs) that are mandatory in order to work in streams, wetlands and other waters of the United States under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. The new NWPs will be enforced starting on March 19, 2017, and will nullify the existing permits, which expired on March 18, 2017.
The 2017 nationwide permits have been published in January 6th’s Federal Register at https://www.federalregister.gov/documents/2017/01/06/2016-31355/issuance-and-reissuance-of-nationwide-permits, and can also be found on USACE Web site at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx.
“Our goal in developing and authorizing nationwide permits every five years is to update them, and provide clarity and certainty for the regulated public while protecting the aquatic environment. Our nationwide permits are an important tool in encouraging project proponents to avoid and minimize impacts to wetlands, streams, and other aquatic resources,” said Maj. Gen. Ed Jackson, USACE Deputy Commanding General for Civil and Emergency Operations.
NWP 53 and NWP 54 are the new permits. NWP 53 provides the process to efficiently authorize permits for the removal of low-head dams to restore streams and enhance public safety. NWP 54 covers the construction and maintenance of living shorelines to control erosion in coastal areas.
Very few of the renewed permits from 2012 were changed.
It is possible for USACE division commanders, after public review and consultation, to add regional conditions to nationwide permits in order to protect local aquatic ecosystems such as fens or bottomland hardwoods, or to minimize adverse effects on fish or shellfish spawning, wildlife nesting or other ecologically critical areas.
Division and district commanders also coordinate and consult with federally-recognized American Indian and Alaska Native governments when necessary.
Highlights of the 2017 nationwide permits include:
- USACE reissued 50 existing permits and added two new ones.
- NWP 48 – The NWP 48 for Existing Commercial Shellfish Aquaculture Activities is revised to provide greater flexibility in its use. For example, NWP 48 now incorporates provisions that authorize activities that are consistent with other federal, state, tribal and local regulatory authorities. Incorporating these already authorized activities will reduce the number of activities that require review by individual USACE districts.
- NWP 53 – This new NWP covers the removal of low-head dams. The removal of these dams will restore rivers and streams, and will improve public safety by removing dams that can pose hazards to swimmers and to users of small recreational craft.
- NWP 54 – This new NWP covers the construction and maintenance of living shorelines, a technique to protect coastal property from erosion while providing some aquatic habitat and water quality benefits.
The new NWPs are numbered 53 and 54 respectfully, even though there are only 52 total permits this cycle, because NWP 26 has not been assigned since 2000, and NWP 47 was in effect for only one five-year cycle (2007 to 2012).
Additional information about the USACE Regulatory Program can be found at http://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/.
Source: “Army Corps of Engineers Revises and Renews Nationwide Permits.” U.S. Army Corps of Engineers. U.S. Army Corps of Engineers, 06 Jan. 2017. Web. 10 Apr. 2017.