News Release
| Release Number: | 99-075 |
| Dated: | 8/18/1999 |
| Contact: | Heidi Y. Helwig, 503-808-4510 |
Portland, Ore. -- The U.S. Army Corps of Engineers is asking members of the public to comment on 11 new or modified Nationwide Permits that will replace Nationwide Permit (NWP) 26 when it expires in December 1999.
The Corps is replacing NWP 26 with five new activity-specific NWPs and six other modified NWPs. The five draft NWPs would authorize fill pads for residential, commercial and institutional developments, reshaping existing drainage ditches, recreational facilities, stormwater management facilities, and aggregate and hard rock/mineral mining activities.
The six draft modified NWPs would authorize the removal of accumulated sediments in the vicinity of existing structures, utility line activities, public linear transportation crossings, restoration of non-tidal streams and open waters, and activities to increase agricultural production. The complete text of the July 21, 1999, Federal Register containing each of the proposed nationwide permits, as well as the regional and general conditions, is available on the Corps' Internet site at http://www.nwp.usace.army.mil/op/g/regulatory.htm.
Written comments on the proposed regional conditions for the Nationwide Permits should be received by Sept. 9, 1999, at the following address: U.S. Army Corps of Engineers, Portland District, Regulatory Branch, Attn: Brian Lightcap (CENWP-OP-GA), P.O. Box 2946, Portland, Oregon 97208-2946. Comments on national issues related to the NWPs should be sent by Sept. 7 to the Chief of Engineers, Regulatory Branch, Attn: CECW-OR, 20 Massachusetts Ave., NW, Washington, D.C., 20314-1000.
"The Corps believes that the draft new and modified NWPs provide an excellent balance between substantial additional protection of the nation's waters and continuing to provide expeditious permit decisions for projects with truly minimal impacts," said Brian Lightcap, wetland specialist. Minimal impacts are considered activities that effect less than 1/3 of an acre, he said.
Nationwide permits authorize categories of activities by designating general terms and conditions of the permits. Corps regulatory experts have met with federal and state resource agencies to develop regional conditions to further ensure that no more than minimal adverse effects occur. Three additional restrictions on the NWPs, now classified as NWP general conditions, include: 1) limiting the use of NWPs in 100-year floodplains; 2) limiting the use of NWPs in impaired waters. Impaired waters are waters listed by the state of Oregon as limited for use because of their water temperature, the presence of sediments or the presence of toxic substances; 3) limiting the use of NWPs in designated critical resource waters. Some examples of critical resource waters are waters registered as state and natural heritage waters, as national wild and scenic waters, or as waters that serve as critical habitat for listed species of fish and aquatic animals. A complete list of these waters can be found in the NWP general conditions at the Internet site listed earlier.
If a particular project does not meet all of the general and regional conditions, then an individual permit is required. The Corps also has taken additional steps to ensure that endangered species and their habitat are protected, and that consultation with the Fish and Wildlife Service and the National Marine Fisheries Service occurs on projects that may affect an endangered species, Lightcap said.
In granting or denying permits to developers, the Corps strives to prevent environmental damage. Corps regulatory experts request and review public comments to help them balance the needs of economic development with environmental considerations.