Tulsa District Regulatory Permits

Corps of Engineers Revises and Renews Nationwide Permits

The U.S. Army Corps of Engineers (Corps) has reissued 48 of the 49 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.

Nationwide Permit Program

Nationwide permits (NWPs) are a type of general permit issued by the Chief of Engineers and are designed to regulate with little, if any, delay or paperwork certain activities having minimal impacts. The NWPs are proposed, issued, modified, reissued (extended), and revoked from time to time after an opportunity for public notice and comment. Proposed NWPs or modification to or reissuance of existing NWPs will be adopted only after the Corps gives notice and allows the public an opportunity to comment on and request a public hearing regarding the proposals. Activities can be authorized under NWP only if that activity and the permittee satisfy all of the NWPs terms and conditions, including regionally specific conditions or limitations explained below. An individual or regional general permit still may authorize activities that do not qualify for authorization under a NWP. The following links provide more information about the NWP Program.

NWP Regional Conditions and Water Quality Certification

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 State agency for those NWPs that would authorize activities under Section 404 CWA. A 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, all 3 states have included special conditions in their WQCs for the NWPs, and in Oklahoma WQC has been denied in particular instances.

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) 25 identifies particular categories of waters as CRWs and states that the District Engineer may designate additional waters as CRWs as appropriate. Under GC 25, 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. Detailed information on the three state's WQCs and CRWs is available in the following links.

General Permits

General Permit for Developments Utilizing Low Impact Development (LID) Strategies - GP15

General Permits authorized in Critical Resource Waters

The Tulsa District has authorized two General Permits for work in all designated Critical Resource Waters (CRWs) in Oklahoma. The CRWs currently include Outstanding Resource Waters (ORWs) and High Quality Waters (HQWs) as identified and designated in Oklahoma Water Quality Standards (OWQS), OAC 785: Chapter 45, Appendix A (July 10, 2009). The ORWs are the State Scenic Rivers and tributaries. These waters are found in the eastern portion of the State. The HQW include streams in the State that provide high quality water and aquatic habitat and most are designated as Cold Water Aquatic Community beneficial use. These HQW streams are associated with high relief areas in the State, specifically the Ozark Highlands, Boston Mountains, Ouachita Mountains, Wichita Mountains, Arbuckle Mountains, and High Plains of the Panhandle. The CRW designation may be revised in the future, and this GP would be applicable to any subsequent designation of CRWs.

General Permit Enclosure Maps

General Permit for Utility Line Activities in CRW - GP12

General Permit for Linear Transportation Crossing in CRW - GP14

Endangered Species and Critical Habitat Maps