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Corps of Engineers Revises and Renews Nationwide Permits

The U.S. Army Corps of Engineers (Corps) has reissued 50 of the 52 existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps has also issued two new NWPs, three new general conditions, and three new definitions. The effective date for the new and reissued NWPs was March 19, 2012. These NWPs will expire on March 18, 2017. The NWPs will protect the aquatic environment and the public interest while effectively authorizing activities that have minimal individual and cumulative adverse effects on the aquatic environment.

2012 Nationwide Permits, Conditions, District Engineer’s Decision, Further Information, and Definitions (with corrections*)


*Corrections published in the Federal Register on March 19, 2012 (77 FR 16021) and September 21, 2012 (77 FR 58532).

In the Federal Register of February 21, 2012, in FR Doc. 2012-3687, the following corrections are made: [Page 58533]

On page 10273, second column, correct the first sentence of NWP 15 to read as follows to reflect the fact that the U.S. Coast Guard
authorizes bridges over navigable waters through permits issued under other statutory authorities, such as the General Bridge Act of 1946 (33
U.S.C. 525, 528, 530, and 533), instead of Section 9 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401): ``Discharges of dredged or fill
material incidental to the construction of a bridge across navigable waters of the United States, including cofferdams, abutments,
foundation seals, piers, and temporary construction and access fills, provided the construction of the bridge structure has been authorized
by the U.S. Coast Guard under Section 9 of the Rivers and Harbors Act of 1899 or other applicable laws.''  On page 10287, second column, correct the first sentence of paragraph (d)(2) of general condition 31 to read as follows: ``For all NWP activities that require pre-construction notification and result in the loss of greater than \1/2\-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require
pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO), and, if appropriate, the NMFS).''

Dated: September 18, 2012.
James R. Hannon,
Chief, Operations and Regulatory Directorate of Civil Works.

BILLING CODE 3720-52-P  

Water Quality Certifications

With each cycle of revision and reauthorization of the NWP Program, Corps Districts examine regional issues and determine the need for District-specific regional conditions. A part of this process is obtaining Clean Water Act (CWA) Section 401 Water Quality Certification (WQC) from the appropriate Tribal Nation or State agency for those NWPs that would authorize activities under Section 404 CWA. A Tribal Nation or State's decision on WQC may result in additional conditions on the NWPs, denial of certification for specific NWPs, or denial of certification in certain sensitive waters in the state. In the Tulsa District, special conditions have been included in all WQCs. In Oklahoma the WQC has been denied in particular instances noted in WQC.

Regional Conditions

During the 2012 re-authorization of the NWP's which was announced in the 21 February 2012, Federal Register notice (77 FR 10184), the Tulsa District considered the need for regional conditions for these NWPs. Below are the final regional conditions for each state in Tulsa District.

Critical Resource Waters

Another factor that influences the manner in which the NWP program is administered in various Corps Districts is the presence of designated Critical Resource Waters (CRW) within the district. NWP General Condition (GC) 22 identifies particular categories of waters as CRWs and states that the District Engineer may designate additional waters as CRWs as appropriate. Under GC 22, some of the NWPs are prohibited from use in CRWs while other NWPs require mandatory notification to the Corps in these waters. The Tulsa District has designated specific waters in Oklahoma possessing high aquatic resource quality and value as CRWs. The CRWs is available in the following link.