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Announcing the Regional Conditions for the 2021 Nationwide Permits in Oregon

Portland District
Published March 5, 2021

PUBLIC NOTICE
Announcing the Regional Conditions for the 2021 Nationwide Permits in Oregon

Point of Contact: Melody White
Phone: (503) 808-4385
Email: melody.j.white@usace.army.mil
Issue Date: March 5, 2021

Enclosures:
Regional Conditions (749kb PDF)
NWP Regional Definitions (757kb PDF)
Section 401 Water Quality Certifications (726kb PDF)
Coastal Zone Management Certification (771kb PDF)

On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued four new NWPs. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026:

• NWP 12 – Oil or Natural Gas Pipeline Activities
• NWP 21 – Surface Coal Mining Activities
• NWP 29 – Residential Developments
• NWP 39 – Commercial and Institutional Developments
• NWP 40 – Agricultural Activities
• NWP 42 – Recreational Facilities
• NWP 43 – Stormwater Management Facilities
• NWP 44 – Mining Activities
• NWP 48 – Commercial Shellfish Mariculture Activities
• NWP 50 – Underground Coal Mining Activities
• NWP 51 – Land-Based Renewable Energy Generation Facilities
• NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
• NWP 55 – Seaweed Mariculture Activities
• NWP 56 – Finfish Mariculture Activities
• NWP 57 – Electric Utility Line and Telecommunications Activities
• NWP 58 – Utility Line Activities for Water and Other Substances

The 12 existing NWPs published in the January 13, 2021 final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52 expire on March 14, 2021. According to 33 CFR § 330.6(b), activities which have commenced (i.e, are under construction) or are under contract to commence in reliance upon an NWP that was verified under the 2017 NWP, will remain authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation. If an activity that was verified under these 12 existing NWPs and has commenced or is under contract to commence, they will remain authorized until March 14, 2022.

With the publication of these NWPs in the Federal Register, the Northwestern Division has finalized regional conditions for the 16 NWPs in the state of Oregon. The regional conditions are intended to provide additional protection for the aquatic environment, by ensuring that the NWPs authorize only those activities with minimal adverse effects on the aquatic environment. The final Regional Conditions for the 16 NWPs are enclosed. The NWP Regional Definitions are enclosed.

The Section 401 Water Quality Certification (WQC) has been issued for Section 404 NWP activities by the Environmental Protection Agency (EPA), Region 10 in the state of Oregon. This WQC is applicable for projects occurring on tribal lands where tribes do not have treatment in a similar manner as a state and lands with exclusive federal jurisdiction. The WQCs were accepted by the Northwestern Division Commander and any conditions of the WQC are added to the 16 NWPs as regional conditions. The WQC was authorized with general conditions for NWP 40. The WQC from EPA is denied for NWP 12, 21, 29, 39, 42, 43, 44, 48, 50, 51, 52, 56, 57, and 58. These NWPs will require an individual WQC from EPA. The Corps did not request certification for NWP 55. Water quality conditions pertaining to the NWPs are enclosed. 

The WQC has been denied for all projects occurring on lands managed by the Confederated Tribes of the Warm Springs (CTWS), Confederated Tribes of the Umatilla Indian Reservation (CTUIR), and the Oregon Department of Environmental Quality (ODEQ). Any Section 404 NWP activity occurring in these areas will require an individual Section 401 WQC.

The Oregon Department of Land Conservation and Development (DLCD) has provided the Coastal Zone Management Act (CMZA) Consistency determination for the NWPs. Coastal Zone Condition are enclosed. 

There are 40 existing NWPs that were not reissued or modified by the January 13, 2021 final rule. These 40 NWPs were published in the January 6, 2017, issue of the Federal Register (82 FR 1860) and these NWPs remain in effect until the Corps issues a final rule reissuing those NWPs or March 18, 2022, whichever comes first. The 40 2017 NWPs that remain in effect are:

• NWP 1 – Aids to Navigation
• NWP 2 – Structures in Artificial Canals
• NWP 3 – Maintenance
• NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
• NWP 5 – Scientific Measurement Devices
• NWP 6 – Survey Activities
• NWP 7 – Outfall Structures and Associated Intake Structures
• NWP 8 – Oil and Gas Structures on the Outer Continental Shelf
• NWP 9 – Structures in Fleeting and Anchorage Areas
• NWP 10 – Mooring Buoys
• NWP 11 – Temporary Recreational Structures
• NWP 13 – Bank Stabilization
• NWP 14 – Linear Transportation Projects
• NWP 15 – U.S. Coast Guard Approved Bridges
• NWP 16 – Return Water From Upland Contained Disposal Areas
• NWP 17 – Hydropower Projects
• NWP 18 – Minor Discharges
• NWP 19 – Minor Dredging
• NWP 20 – Response Operations for Oil or Hazardous Substances
• NWP 22 – Removal of Vessels
• NWP 23 – Approved Categorical Exclusions
• NWP 24 – Indian Tribe or State Administered Section 404 Programs
• NWP 25 – Structural Discharges
• NWP 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities
• NWP 28 – Modifications of Existing Marinas
• NWP 30 – Moist Soil Management for Wildlife
• NWP 31 – Maintenance of Existing Flood Control Facilities
• NWP 32 – Completed Enforcement Actions
• NWP 33 – Temporary Construction, Access, and Dewatering
• NWP 34 – Cranberry Production Activities
• NWP 35 – Maintenance Dredging of Existing Basins
• NWP 36 – Boat Ramps
• NWP 37 – Emergency Watershed Protection and Rehabilitation
• NWP 38 – Cleanup of Hazardous and Toxic Waste
• NWP 41 – Reshaping Existing Drainage Ditches
• NWP 45 – Repair of Uplands Damaged by Discrete Events
• NWP 46 – Discharges in Ditches
• NWP 49 – Coal Remining Activities
• NWP 53 – Removal of Low-Head Dams
• NWP 54 – Living Shorelines

The regional conditions and WQCs for these 40 NWPs, that were approved by division engineers in 2017, remain in effect while these 2017 NWPs remain in effect. 

The January 13, 2021, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits 

As an alternative, interested parties can access the January 13, 2021, final rule and related documents at: www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/

All Portland District NWP Documents and information will be posted at: www.nwp.usace.army.mil/Missions/Regulatory/Nationwide/