On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs will go into effect on March 19, 2017, and will expire on March 18, 2022.
With the publication of this Federal Register notice, Corps districts will begin finalizing their regional conditions for the new and reissued NWPs. Regional conditions will provide additional protection for the aquatic environment, and will help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within the Walla Walla District.
The publication of this Federal Register notice also begins the 60-day period for the State of Idaho, Coeur d’ Alene Tribe, Shoshone Bannock Tribes and the Environmental Protection Agency (EPA) which has section 401 responsibility on certain tribal lands within the State of Idaho to complete their water quality certification (WQC) processes for the NWPs. The 60-day period for WQC will end on March 6, 2017.
If the State of Idaho, Coeur d’ Alene Tribe, Shoshone Bannock Tribes and EPA do not complete their WQC process before the 2017 NWPs go into effect on March 19, 2017, the use of an NWP to authorize an activity within the state and/or on tribal lands that will affect aquatic resources is contingent upon obtaining an individual WQC.
The January 6, 2017, Federal Register notice is available for viewing at the Walla Walla District, Regulatory Division web site at: http://nww.usace.army.mil/BusinesWithUS/RegulatoryDivisdion.aspx
or on the Internet at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx . As an alternative, interested parties can access the January 6, 2017, final rule that was published in the Federal Register through the U.S. Government Printing Office at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR .
The Corps has also issued final decision documents for the new and reissued NWPs. These documents are available at www.regulations.gov at docket number COE-2015-0017. Furthermore, the national NWP decision documents will be supplemented by Division Engineers to address decisions concerning the addition of regional conditions to the NWPs.
Enclosed is a copy of the final Index of the NWPs, general conditions and definitions.
Kelly J. Urbanek
Chief, Regulatory Division
1 Enclosure
Index of Nationwide Permits, Conditions, District Engineer’s Decision, Further Information, and Definitions