Nationwide permits (NWPs) are general permits issued on a nationwide basis to streamline the authorization of activities that result in minimal individual and cumulative adverse effects on the aquatic environment. In order to qualify for the use of a NWP, perspective permittees must comply with all of the terms, general conditions (GCs), and regional conditions (RCs) of the NWP, including any requirements for the submittal of a Pre-Construction Notification (PCN).
In cases where a PCN is required, if the activity complies with the terms and conditions of the NWP, a NWP verification letter will be sent to the perspective permittee. The NWP verification may include additional case specific conditions (special conditions) to ensure no more than minimal individual and cumulative impacts, and will state that the verification is valid for a specific period of time (generally but no more than two years, unless the NWP authorization is modified, suspended, or revoked.)
Per Regulation, the NWPs must be reissued every five years. The reissuance process involves a full interagency and public interest review.
Contents:
2012 Nationwide Permit Reissuance
Regional Conditions
Pre-Construction Notifications
Section 401 Water Quality Certifications
Commencement of Construction Activities Under a NWP
Compliance with Section 7 of the ESA
Compliance with Section 106 of the NHPA
Additional Information
NWP Information Sheets
2012 Nationwide Permit Reissuance
On February 21, 2012, the Corps published the notice in the Federal Register announcing the reissuance of all existing NWPs, GCs and definitions, with some modifications. The Corps also eliminated one NWP, and issued two new NWPs, three new GCs, and three new definitions. The NWPs took effect on March 19, 2012, and will expire on March 18, 2017. The Federal Register notice can be found here. A list of each NWP and applicable GCs and RCs can be found here.
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Regional Conditions (RCs)
GC 27 of the NWPs requires that the activity comply with any RCs that may have been added by the Division Engineer (see 33 CFR 330.4(e)). The South Pacific Division has approved the final Sacramento District RCs for California, Nevada, and Utah; and has approved the final Albuquerque District RCs for the portion of Colorado located within the Sacramento District boundaries.
California, Nevada, and Utah
On March 16, 2012, the Sacramento District issued a Public Notice announcing the final RCs for the 2012 NWPs for California, Nevada, and Utah. The RCs contain six joint RCs developed among the Sacramento, Los Angeles and San Francisco Districts. The Public Notice can be found here. The final RCs consist of three lists:
1. Final Sacramento District Nationwide Permit Regional Conditions for California, excluding the Lake Tahoe Basin. This list consists of 26 consolidated RCs for project within within the Central Valley and Sierra Nevada of California, excluding the Lake Tahoe Basin. The District has determined that it is appropriate to revoke the use of certain NWPs for projects within the Mather Core Recovery Area (RC 15), the Primary and Secondary Zones of the Legal Delta (RC 16), and histosols, fens, bogs, peatlands, and wetlands contiguous with fens (RC 26) in this area. The District has imposed additional restrictions on activities, to ensure no more than minor individual and cumulative impacts occur to the aquatic environment, including additional requirements for the submittal of a PCN.
2. Final Sacramento District Nationwide Permit Regional Conditions for Nevada and the Lake Tahoe Basin in California: This list consists of 24 consolidated RCs for projects within Nevada and the Lake Tahoe Basin in California. The District has determined that it is appropriate to revoke the use of certain NWPs for projects within histosols, fens, bogs, peatlands, and wetlands contiguous with fens (RC 24) in this area. The District has imposed additional restrictions on activities, to ensure no more than minor individual and cumulative impacts occur to the aquatic environment, including additional requirements for the submittal of a PCN.
3. Final Sacramento District Nationwide Permit Regional Conditions for Utah: This list consists of 24 consolidated RCs for projects Utah. The District has determined that it is appropriate to revoke the use of certain NWPs for projects within histosols, fens, bogs, peatlands, and wetlands contiguous with fens (RC 24) in this area. The District has imposed additional restrictions on activities, to ensure no more than minor individual and cumulative impacts occur to the aquatic environment, including additional requirements for the submittal of a PCN.
Colorado
On March 19, 2012, the Albuquerque District issued a Public Notice announcing the final RCs for the 2012 NWPs for Colorado, including the portion of Colorado located within the Sacramento District boundaries. The Public Notice can be found here . The Regional Conditions Applicable to Specific Nationwide Permits in the State of Colorado consist of 11 RCs, including the revocation of several NWPs within fens, and additional restrictions on activities, to ensure no more than minor individual and cumulative impacts occur to the aquatic environment, including additional requirements for the submittal of a PCN.
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The terms and conditions of the NWPs include the requirements for the submittal of a PCN in certain circumstances, and the Sacramento and Albuquerque Districts RCs include additional requirements for the submittal of a PCN prior to initiation of construction activities within waters of the U.S. GC 31 of the NWPs provides the minimum information required for the submittal of a complete PCN. In addition, for California, Nevada, and Utah, RC 1 provides additional information required for the submittal of a complete PCN. A complete PCN may be submitted in one of two ways:
1. Through the completion of the South Pacific Division Pre-construction Notification Checklist and Regional Condition Checklist, found here; or
2. Through the completion of a signed Department of the Army application form, ENG Form 4345, found here, with an attachment providing information on the compliance with all of the GCs and RCs of the NWP.
The South Pacific Division (SPD) has created a checklist that can be used and submitted to meet the PCN requirements for the NWPs. A separate PCN checklist has been completed for use within the Sacramento District boundaries of California, Colorado, Nevada and Utah. The PCN checklist for each state is in Adobe PDF format and includes the SPD Checklist as well as a Regional Condition checklist for each state.
1. PCN Checklist for California
2. PCN Checklist for Colorado
3. PCN Checklist for Nevada
4. PCN Checklist for Utah
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Section 401 Water Quality Certifications
For any activity that may result in a discharge of a pollutant into waters of the U.S., prospective permittees must obtain a Section 401 Certification, or waiver thereof, from the appropriate State, authorized Tribe, or the Environmental Protection Agency (EPA) for activities located on tribal lands in which a tribe does not have Section 401 Certification authority. The Section 401 Certification, or waiver, is required prior to the commencement of any activity under a NWP. In accordance with GC 25, where States and authorized Tribes, or EPA have not previously certified compliance of an NWP with Section 401 of the Clean Water Act, individual 401 Water Quality Certification must be obtained or waived (see 44 CFR 330.4(c)). Any Section 401 Certification that has been issued for the proposed project activities becomes a Special Condition of the NWP verification. The following Section 401 Water Quality Certifications have been issued for the activities authorized by the 2012 NWPs:
State of California
State of Colorado
State of Nevada
State of Utah
EPA, Region 8 for Colorado and Utah
EPA, Region 9
Ute Mountain Ute Tribe
Pyramid Lake Paiute
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Commencement of Construction Activities Under a NWP
The prospective permittee may not begin construction of an activity under a NWP until either: (1) he or she is notified in writing by the District that the activity may proceed under the NWP with any special conditions imposed; or (2) 45 calendar days have passed from the District’s receipt of the complete PCN and the prospective permittee has not received written notice from the District. However, the 45 calendar day limit does not apply in the following circumstances:
1. If the permittee is required to submit a PCN pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to submit a PCN pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (ESA) and/or Section 106 of the National Historic Preservation Act (NHPA) has been completed (See Compliance with Section 7 of the ESA and Section 106 of the NHPA below for additional information).
2. No work may begin under NWPs 21, 49 or 50 until the permittee has received written approval from the Corps.
3. If the proposed activity requires a written waiver to exceed specified limits of a NWP, the permittee may not begin the activity until the District issues the wavier.
4. If the permittee is notified in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained.
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No activity is authorized by any NWP if that activity is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal ESA, or if the activity is likely to destroy or adversely modify the critical habitat of such species.
Federal Permittees
Federal permittees should follow their own procedures for complying with Section 7 of the ESA. General condition 18 requires that federal permittees provide the District with the appropriate documentation to demonstrate compliance with those requirements. The District will review the documentation submitted by the federal permittee and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. In addition, the Sacramento District regional conditions for California, Nevada, and Utah, requires that, for activities in which the District designates another federal agency as the lead for compliance with Section 7 of the ESA, the lead federal agency shall provide all relevant documentation to the District demonstrating previous consultation efforts, as it pertains to the Regulatory permit area. This information would be submitted with the PCN for the project. In order to expedite the NWP verification process, the Sacramento District encourages federal permittees to coordinate with the District prior to initiating any Section 7 consultations, so that the District can designate the agency as the lead agency for compliance with ESA and to ensure that any consultation efforts include the Regulatory permit area.
Non-Federal Permittees
General Condition 18 requires that non-federal permittees submit a PCN to the District if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and the permittee shall not begin work on the activity until notified by the District that the requirements of the ESA have been satisfied and the activity is authorized. For activities that might affect Federally listed endangered or threatened species or designated critical habitat, the PCN must include the names(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. If the District determines that the activity may affect any Federally listed species or critical habitat, the District must initiate Section 7 consultation in accordance with the ESA. The District cannot make a determination on the NWP until such consultation is completed. The District will notify the non-federal applicant of the Corps’ determination within 45 days of receipt of the complete PCN. As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) under Section 7 of the ESA, the District may add special conditions to the NWP verification.
For additional information on the requirements of the ESA, including the information required to initiate consultation with the USFWS and/or NMFS, click here.
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Compliance with Section 106 of the NHPA
No activity which may affect properties listed or properties eligible for listing in the National Register of Historic Places, is authorized until the District has complied with the provisions of 33 CFR 325, Appendix C, and the requirements of Section 106 of the NHPA.
Federal Permittees
Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the NHPA. General condition 20 requires that federal permittees provide the District with the appropriate documentation to demonstrate compliance with those requirements. The District will review the documentation submitted by the federal permittee and determine whether it is sufficient to address NHPA compliance for the NWP activity, or whether additional NHPA consultation is necessary. In addition, the Sacramento District regional conditions for California, Nevada, and Utah, requires that, for activities in which the District designates another federal agency as the lead for compliance with Section 106 of the NHPA, the lead federal agency shall provide all relevant documentation to the District demonstrating previous consultation efforts, as it pertains to the Regulatory area of potential effect (APE). This information would be submitted with the PCN for the project. In order to expedite the NWP verification process, the Sacramento District encourages federal permittees to coordinate with the District prior to initiating any Section 106 consultations, so that the District can designate the agency as the lead agency for compliance with the NHPA and to ensure that any consultation efforts include the Regulatory APE.
Non-federal Permittees
General condition 20 requires that non-federal permittees submit a PCN to the District if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Place, including previously unidentified properties. The non-federal permittee shall not begin any work on the activity until notified by the District that the requirements of the NHPA have been satisfied and the activity is authorized. For such activities, the PCN must state which historic properties may be affect by the proposed work, or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer (SHPO), or Tribal Historic Preservation Officer (THPO), as appropriate, and the National Register of Historic Places. If the District determines that the activity has the potential to affect historic properties, the District will consult with the SHPO and/or THPO under Section 106 of the NHPA. The District cannot make a decision on the NWP until such consultation is complete. If the activity would result in adverse effects to historic properties, the District would coordinate with the SHPO and/or THPO to seek ways to avoid or reduce effects on designated historic properties. The results of this consultation may be included as a special condition to any NWP verification.
For additional information on the requirements of the NHPA, including the information required to initiate consultation with the SHPO and/or THPO, click here.
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Additional Information
NWP Process Flowchart
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The placement of aids to navigation and regulatory markers which are approved by and installed in accordance with the requirements of the U.S. Coast Guard Structures constructed in artificial canals within principally residential developments where the connection of the canal to a navigable water of the United States has been previously authorized The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, fish aggregating devices, and small fish attraction devices such as open water fish concentrators (sea kites, etc.). This NWP does not authorize artificial reefs or impoundments and semi-impoundments of waters of the United States for the culture or holding of motile species such as lobster, or the use of covered oyster trays or clam racks. Devices, whose purpose is to measure and record scientific data, such as staff gages, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and similar structures. Small weirs and flumes constructed primarily to record water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards. Upon completion of the use of the device to measure and record scientific data, the measuring device and any other structures or fills associated with that device (e.g., foundations, anchors, buoys, lines, etc.) must be removed to the maximum extent practicable and the site restored to preconstruction elevations. Survey activities, such as core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for wetland delineations, and historic resources surveys. Activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the Clean Water Act). The construction of intake structures is not authorized by this NWP, unless they are directly associated with an authorized outfall structure. Structures for the exploration, production, and transportation of oil, gas, and minerals on the outer continental shelf within areas leased for such purposes by the Department of the Interior, Bureau of Ocean Energy Management. Such structures shall not be placed within the limits of any designated shipping safety fairway or traffic separation scheme, except temporary anchors that comply with the fairway regulations in 33 CFR 322.5(l). Structures, buoys, floats and other devices placed within anchorage or fleeting areas to facilitate moorage of vessels where the U.S. Coast Guard has established such areas for that purpose Non-commercial, single-boat, mooring buoys. Temporary buoys, markers, small floating docks, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use, provided that such structures are removed within 30 days after use has been discontinued. At Corps of Engineers reservoirs, the reservoir manager must approve each buoy or marker individually. Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. Bank stabilization activities necessary for erosion prevention, provided the activity meets specific criteria (see full text) Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States, including wetlands, if the activity meets the criteria. (see full text) 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 and other applicable laws. Causeways and approach fills are not included in this NWP and will require a separate section 404 permit. Return water from an upland contained dredged material disposal area. The return water from a contained disposal area is administratively defined as a discharge of dredged material by 33 CFR 323.2(d), even though the disposal itself occurs in an area that has no waters of the United States and does not require a section 404 permit. This NWP satisfies the technical requirement for a section 404 permit for the return water where the quality of the return water is controlled by the state through the section 401 certification procedures. The dredging activity may require a section 404 permit (33 CFR 323.2(d)), and will require a section 10 permit if located in navigable waters of the United States. Discharges of dredged or fill material associated with hydropower projects having: (a) Less than 5000 kW of total generating capacity at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended; or (b) a licensing exemption granted by the FERC pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power Act, as amended. Minor discharges of dredged or fill material into all waters of the United States, provided the activity meets all of the criteria. (see full text)Dredging of no more than 25 cubic yards below the plane of the ordinary high water mark or the mean high water mark from navigable waters of the United States (i.e., section 10 waters). This NWP does not authorize the dredging or degradation through siltation of coral reefs, sites that support submerged aquatic vegetation (including sites where submerged aquatic vegetation is documented to exist but may not be present in a given year), anadromous fish spawning areas, or wetlands, or the connection of canals or other artificial waterways to navigable waters of the United States (see 33 CFR 322.5(g)). Activities conducted in response to a discharge or release of oil and hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR part 300) including containment, cleanup, and mitigation efforts, provided that the activities are done under . . . (see full text)Discharges of dredged or fill material into waters of the United States associated with surface coal mining and reclamation operations. (a) Previously Authorized Surface Coal Mining Activities. Surface coal mining activities that were previously authorized by the NWP 21 issued on March 12, 2007 (see 72 FR 11092), are authorized by this NWP, provided the criteria are met. (see full text)Temporary structures or minor discharges of dredged or fill material required for the removal of wrecked, abandoned, or disabled vessels, or the removal of man-made obstructions to navigation. This NWP does not authorize maintenance dredging, shoal removal, or riverbank snagging. Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department where . . . (see full text)Any activity permitted by a state or Indian Tribe administering its own section 404 permit program pursuant to 33 U.S.C. 1344(g)-(l) is permitted pursuant to Section 10 of the Rivers and Harbors Act of 1899 Discharges of material such as concrete, sand, rock, etc., into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as bridges, transmission line footings, and walkways, or for general navigation, such as mooring cells, including the excavation of bottom material from within the form prior to the discharge of concrete, sand, rock, etc. This NWP does not authorize filled structural members that would support buildings, building pads, homes, house pads, parking areas, storage areas and other such structures. The structure itself may require a separate section 10 permit if located in navigable waters of the United States. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. Reconfiguration of existing docking facilities within an authorized marina area. No dredging, additional slips, dock spaces, or expansion of any kind within waters of the United States is authorized by this NWP. Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. Discharges of dredged or fill material into nontidal waters of the United States and maintenance activities that are associated with moist soil management for wildlife for the purpose of continuing ongoing, site-specific, wildlife management activities where soil manipulation is used to manage habitat and feeding areas for wildlife. Such activities include, but are not limited to, plowing or discing to impede succession, preparing seed beds, or establishing fire breaks. Sufficient riparian areas must be maintained adjacent to all open water bodies, including streams, to preclude water quality degradation due to erosion and sedimentation. Discharges of dredged or fill material resulting from activities associated with the maintenance of existing flood control facilities, including debris basins, retention/detention basins, levees, and channels that: (see full text)Any structure, work, or discharge of dredged or fill material remaining in place or undertaken for mitigation, restoration, or environmental benefit in compliance with either . . . (see full text)Temporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. (see full text)Discharges of dredged or fill material for dikes, berms, pumps, water control structures or leveling of cranberry beds associated with expansion, enhancement, or modification activities at existing cranberry production operations (see full text)Excavation and removal of accumulated sediment for maintenance of existing marina basins, access channels to marinas or boat slips, and boat slips to previously authorized depths or controlling depths for ingress/egress, whichever is less, provided the dredged material is deposited at an area that has no waters of the United States site and proper siltation controls are used Activities required for the construction of boat ramps, provided the activity meets specific criteria (see full text)Work done by or funded by:
(a) The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (7 CFR part 624);
(b) The U.S. Forest Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13);
(c) The Department of the Interior for wildland fire management burned area emergency stabilization and rehabilitation (DOI Manual part 620, Ch. 3);
(d) The Office of Surface Mining, or states with approved programs, for abandoned mine land reclamation activities under Title IV of the Surface Mining Control and Reclamation Act (30 CFR Subchapter R), where the activity does not involve coal extraction; or
(e) The Farm Service Agency under its Emergency Conservation Program (7 CFR part 701). In general, the prospective permittee should wait until the district engineer issues an NWP verification or 45 calendar days have passed before proceeding with thewatershed
protection and rehabilitation activity. However, in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur, the emergency watershed protection and rehabilitation activity may proceed immediately and the district engineer will consider the information in the pre-construction notification and any comments received as a result of agency coordination to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. Specific activities required to effect the containment, stabilization, or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with established legal or regulatory authority. Court ordered remedial action plans or related settlements are also authorized by this NWP. This NWP does not authorize the establishment of new disposal sites or the expansion of existing sites used for the disposal of hazardous or toxic waste. Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, and recreation facilities such as playgrounds and playing fields (see full text)Discharges of dredged or fill material into non-tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings. (see full text)Discharges of dredged or fill material into nontidal waters of the United States, excluding non-tidal wetlands adjacent to tidal waters, to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in waters of the United States, for the purpose of improving water quality by regrading the drainage ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation. (see full text)Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of recreational facilities. Examples of recreational facilities that may be authorized by this NWP include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, hiking trails, bike paths, golf courses, ski areas, horse paths, nature centers, and campgrounds (excluding recreational vehicle parks). (see full text)Discharges of dredged or fill material into nontidal waters of the United States for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities; the construction of water control structures, outfall structures and emergency spillways; and the construction of low impact development integrated management features such as bioretention facilities (e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration trenches. (see full text)Discharges of dredged or fill material into non-tidal waters of the United States for mining activities, except for coal mining activities. The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters. This NWP authorizes discharges of dredged or fill material, including dredging or excavation, into all waters of the United States for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events. This NWP authorizes bank stabilization to protect the restored uplands. The restoration of the damaged areas, including any bank stabilization, must not exceed the contours, or ordinary high water mark, that existed before the damage occurred. The district engineer retains the right to determine the extent of the pre-existing conditions and the extent of any restoration work authorized by this NWP. The work must commence, or be under contract to commence, within two years of the date of damage, unless this condition is waived in writing by the district engineer. This NWP cannot be used to reclaim lands lost to normal erosion processes over an extended period. This NWP does not authorize beach restoration or nourishment. Minor dredging is limited to the amount necessary to restore the damaged upland area and should not significantly alter the pre-existing bottom contours of the waterbody Discharges of dredged or fill material into non-tidal ditches that are:
(1) constructed in uplands,
(2) receive water from an area determined to be a water of the United States prior to the construction of the ditch,
(3) divert water to an area determined to be a water of the United States prior to the construction of the ditch, and
(4) are determined to be waters of the United States. The discharge must not cause the loss of greater than one acre of waters of the United States.
Discharges of dredged or fill material in waters of the United States or structures or work in navigable waters of the United States necessary for commercial shellfish aquaculture operations in authorized project areas. For the purposes of this NWP, the project area is the area in which the operator is currently authorized to conduct commercial shellfish aquaculture activities, as identified through a lease or permit issued by an appropriate state or local government agency, a treaty, or any other easement, lease, deed, or contract which establishes an enforceable property interest for the operator. Discharges of dredged or fill material into non-tidal waters of the United States associated with the remining and reclamation of lands that were previously mined for coal. Discharges of dredged or fill material into nontidal waters of the United States associated with underground coal mining and reclamation operations provided the activities are authorized, or are currently being processed as part of an integrated permit processing procedure, by the Department of Interior, Office of Surface Mining Reclamation and Enforcement, or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977. The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters. This NWP does not authorize coal preparation and processing activities outside of the mine site. Discharges of dredged or fill material into non-tidal waters of the United States for the construction, expansion, or modification of land-based renewable energy production facilities, including attendant features. Such facilities include infrastructure to collect solar (concentrating solar power and photovoltaic), wind, biomass, or geothermal energy. Attendant features may include, but are not limited to roads, parking lots, and stormwater management facilities within the land-based renewable energy generation facility. The discharge must not cause the loss of greater than1/2-acre of non-tidal waters of the United States, including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects. This permit does not authorize discharges into non-tidal wetlands adjacent to tidal waters. Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction, expansion, modification, or removal of water-based wind or hydrokinetic renewable energy generation pilot projects and their attendant features.
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