Swamp Stomp
Volume 17, Issue 5
On January 6th, The U.S. Army Corps of Engineers (Corps) announced revised and renewed nationwide permits. These permits allow holders 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. These renew and revised nationwide permits will go into effect on March 19, 2017 thus rendering the old permits expired on March 18, 2017.
The 2017 nationwide permits can be found on January 6th’s Federal Register at https://www.federalregister.gov/documents/2017/01/06/2016-31355/issuance-and-reissuance-of-nationwide-permits, and the Army Corps of Engineers website 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.
“The updated permits streamline the requirements of the Clean Water Act, and are informed by extensive feedback from the public and other key stakeholders. USACE is reissuing 50 permits and adding two new ones. These permits provide expedited review of projects that have minimal impact on the aquatic environment. Categories of activities that may be covered under the NWPs include linear transportation projects, bank stabilization activities, residential development, commercial and industrial developments, aids to navigation and certain maintenance activities” (Army…).
A significant portion of the nationwide permits announced on January 6th do not have any major changes since 2012, which is last time the nationwide permits were authorized in accordance with the law.
The Corps division commanders may add, after public review and consultation, regional conditions to nationwide permits. This would be done 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.
Some of the revised and new nationwide permits include:
- Corps reissued 50 existing permits and added two new ones.
- Nationwide permit 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.
- Nationwide Permit 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.
- Nationwide Permit 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.
Do you agree with the revisions made by the Corps?
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. 24 Jan. 2017.