News Release
| Release Number: | 02-026 |
| Dated: | 2/19/2002 |
| Contact: | Public Affairs Office, 503-808-4510 |
Portland, Ore.-The U.S. Army Corps of Engineers (USACE) announced the reissue of nationwide permits (NWPs) in the Jan. 15, 2002, Federal Register. Nationwide permits ensure appropriate environmental protections when authorizing discharges of small amounts of dredge and fill material into waters of the U.S.
"Nationwide permits are general permits that authorize categories of activities which the Corps has determined will have minimal impacts on the aquatic environment, individually and cumulatively, when conducted in accordance with the permit conditions," said John Studt, chief of the U.S. Army Corps of Engineers Regulatory Branch. "However, the Corps will continue to require an individual permit for any project, whether covered by a general permit or not, which it determines would have more than minimal environmental impact."
USACE sought public comment for proposed changes to the permits in August 2001. The permits are being reissued with several changes from the August proposal based on numerous public and federal agency comments.
The reissued NWPs maintain the protective acreage thresholds established in 2000, which reduced permissible acreage impacts under a nationwide permit from 3 acres to a half an acre, to help ensure minimal impacts to the aquatic environment.
"Overall, the permits are undergoing several small but important changes," said Studt. "The revised permits will do a better job of protecting aquatic ecosystems while simplifying some administrative burdens for the regulated public. The changes also reinforce and clarify the Corps' commitment to the 'no net loss' of wetlands goal."
The two significant modifications applicable to the Corps' Portland District from the August proposal to the reissued NWPs are:
1) A greater emphasis on protecting the "no net loss" of wetlands standard, responding to public concerns. The reissued nationwide permits require USACE regulatory offices to meet and measure their success regarding the "no net loss" goal programmatically. While Corps districts are not required to provide a one-for-one replacement for impacted acreage for each individual project, they must meet or exceed that goal for their entire program. This allows districts to make more flexible decisions to issue timely permits while ensuring protection of the aquatic ecosystem on a watershed basis.
For Nationwide Permits in calendar year 2001, the Portland District, Corps of Engineers, authorized impacts to approximately 8.2 acres of wetlands and required about 12 acres of mitigation. These figures do not include Nationwide Permit 27, a permit for wetlands and stream restoration, which impacted about 10.015 acres of wetlands within the District and produced 79.87 acres of mitigation. Nationally, the latest USACE statistics show that in fiscal year 2001, 25,000 acres of wetlands were filled, while 43,000 acres of wetlands were required to be created, restored or enhanced to compensate for those impacted.
2) Strengthens protections for streams. The August proposal would have waived a previous prohibition of no more than 300-linear-foot impacts for perennial and intermittent streams. The reissued permits make a distinction between intermittent and perennial (more established, permanent) streams, and allow the waiver for intermittent streams only. To receive a nationwide permit for work that impacts a perennial stream, the applicant cannot fill more than 300 linear feet of that stream. Anything above that would be considered more than a minimal impact and could not be authorized with a nationwide permit.
The revised permits are the result of extensive coordination with the EPA and other federal agencies. The full text of the nationwide permits can be viewed in the Jan. 15, 2002, Federal Register at http://www.access.gpo.gov/su_docs/aces/aces140.html. To compare the revised permits to the August 2001 document, look under the August 9 entry in the Federal Register.
The replacement nationwide permits will take effect March 16, 2002, 60 days after being published in the Federal Register.
For more information on the U.S. Army Corps of Engineers Regulatory Program, visit the program's web page at http://www.usace.army.mil/inet/functions/cw/cecwo/reg/. For additional information on the Portland District Regulatory Program, please visit the Regulatory web page at https://www.nwp.usace.army.mil/op/g/ or call Teena Monical at (503) 808-4384.