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On November 18, 2021 the U.S. Environmental Protection Agency and the Department of the Army announced the signing of a proposed rule to revise the definition of Waters of the United States

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

Announcing the Regional Conditions for the 2021 Nationwide Permits in Oregon

Portland Permit
Published Feb. 11, 2022
Expiration date: 3/14/2026

SPECIAL 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: February 11, 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 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 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. 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 40 existing NWPs and has commenced or is under contract to commence, they will remain authorized until February 24, 2023.

With the publication of these NWPs in the Federal Register, the Northwestern Division has finalized regional conditions for the 41 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 41 NWPs are enclosed. The NWP Regional Definitions are also 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 41 NWPs as regional conditions. The WQC was authorized with general conditions for NWPs 4, 5, 7, 15, 18, 20, 22, 25, 30, 31, 32, 33, 34, 37, 38, 45, and 54. The WQC was authorized with general conditions and specific conditions for NWPs 3, 6, 13, 14, 16, 17, 19, 23, 27, 36, 41, 46, 49, 53 and 59. 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), the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians (CTCLUSI), and the 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 Conditions are enclosed. 

On January 13, 2021, the final rule was published in the Federal Register (86 FR 2744) announcing the reissuance of 16 NWPs, general conditions, and definitions with some modification. The NWPs include 12, 21, 29, 39, 40 42, 43, 44, 48, 50, 51, 52, 55, 56, 57, and 58. 

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 

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 

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/ 

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

Enclosures:
Portland District Regional Conditions
Portland District Regional Definitions 
Section 401 Water Quality Certification EPA - 1.
Section 401 Water Quality Certification EPA - 2
Coastal Zone Management Certification