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Regulatory Program Notices

Below are regulatory announcements, in chronological order, which are both current and historical. Current announcements provide information regarding ongoing regulatory processes and happenings. Historical announcements remain posted, as long as they remain up-to-date and applicable, to provide the public with a transparent record of changes and improvements to our program.   Regulatory image of trees over a creek

Special Announcing the Reissuance of the Nationwide Permits

Portland District
Published Jan. 10, 2022

SPECIAL PUBLIC NOTICE
Announcing the Reissuance of the Nationwide Permits


Point of Contact: Melody White
Phone: (503) 808-4385
Email: melody.j.white@usace.army.mil


Issue Date: January 10, 2022

On December 27, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 73522) announcing the reissuance of 40 existing nationwide permits (NWPs) and one new NWP. These 41 NWPs will go into effect on February 25, 2022, and they will expire on March 14, 2026:


•    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
•    NWP 59 – Water Reclamation and Reuse Facilities

The new NWP 59 authorizes discharges of dredged or fill material into waters of the United States for the construction, expansion, and maintenance of water reclamation and reuse facilities.

The Corps has also issued final decision documents for these new and reissued NWPs. These final decision documents are available at www.regulations.gov at docket number COE-2020-0002. 

The 40 existing NWPs published in the December 27, 2021 final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 45, 46, 49, 53, and 54 expire on February 24, 2022. 

The NWP general conditions and definitions that were issued in the final rule that was published in the January 13, 2021, issue of the Federal Register (86 FR 2744) apply to the 40 reissued NWPs and the new NWP 59 that were published in the Federal Register on December 27, 2021.

With the publication of this Federal Register notice, Corps divisions will begin finalizing regional conditions for these 41 NWPs. Division Engineers will prepare supplemental documentation to address decisions concerning the addition of regional conditions to the 41 NWPs. Regional conditions will provide additional protection for the aquatic environment and will help ensure that the NWPs authorize only those activities that have no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within Portland District.

Corps divisions and districts will also begin determining which conditions for water quality certifications issued by states, tribes, and EPA for the issuance of these 41 NWPs become regional conditions of these NWPs. Corps divisions and districts will also begin determining which conditions for Coastal Zone Management Act consistency concurrences issued by states for the issuance of these 41 NWPs become regional conditions of these NWPs. Water quality certification and Coastal Zone Management Act consistency regional conditions will be announced in a future public notice issued by the Portland District. 

The December 27, 2021, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-and-modification-of-nationwide-permits 

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 December 27, 2021, and January 13, 2021, final rules and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/