| Public Notice Number |
Description |
Issue Date |
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Notice of Availability
Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal
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The New York District US Army Corps of Engineers (NYD) and the US Environmental Protection Agency, Region 2 (EPA) have revised the Regional Testing Manual (RTM), entitled “Guidance for Performing Tests on Dredged Material Proposed for Ocean Disposal,” that is used to evaluate the suitability of dredged material for use as Remediation Material at the HARS. This document sets forth the testing guidelines and requirements to be referenced by applicants in obtaining Department of the Army (DA) authorization from the New York District (NYD) for transportation and placement of dredged material from the Port of New York and New Jersey at the Historic Area Remediation Site (HARS) in the Atlantic Ocean pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act. The manual lists administrative requirements for completing ocean placement permit applications, as well as specific requirements and protocols for sampling and testing of proposed dredged material. This manual updates and supersedes the existing regional implementation manual entitled “Guidance for Performing Tests on Dredged Material to be Disposed of in Ocean Waters” (USACE NYD/EPA Region 2, 1992). |
4/20/2016 |
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PN2010-00673NY-HWY26 Site
Draft Hwy 26 Mitigation Plan 3-31-16 (PN)1-2
Draft Hwy26 Mitigation Plan 3-31-16 (PN)2-2
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The New York District and Buffalo District of the Army Corps of Engineers are requesting comments on a proposed mitigation site to be incorporated into Ducks Unlimited’s “Black River” ILFP Service Area (04150101). The 79.5 acre site is known as the HWY 26 site located in the Town of Constableville, Lewis County, New York. A draft mitigation plan has been received for this site pursuant to 33 CFR 332 and 40 CFR 230. There is not at present an application for work in waters of the United States at this site however authorization under section 404 of the Clean Water Act would be required for construction of the site. The Districts will consider comments made during the 30 day public notice period.
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4/15/2016 |
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PN2010-00673NY-McIntyre Road
Draft McIntyre Road Mitigation Plan Eastern St. Lawrence Service Area 15 Feb 2016
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The New York District and Buffalo District of the Army Corps of Engineers are requesting comments on a proposed mitigation site to be incorporated into Ducks Unlimited’s “Eastern St. Lawrence” ILFP Service Area (04150305, 04150306, 04150307 and 041503048). The 95.2 acre site is known as the McIntyre Road site located in the Town of Brasher, St. Lawrence County, New York. A draft mitigation plan has been received for this site pursuant to 33 CFR 332 and 40 CFR 230. There is not at present an application for work in waters of the United States at this site however authorization under section 404 of the Clean Water Act would be required for construction of the site. The Districts will consider comments made during the 30 day public notice period. |
3/11/2016 |
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PN2010-00673NY
Draft Durand Mitigation Plan Western St. Lawrence Service Area 15 Feb 2016
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The New York District and Buffalo District of the Army Corps of Engineers are requesting comments on a proposed mitigation site to be incorporated into Ducks Unlimited’s “Western St. Lawrence” ILFP Service Area (04150301, 04150302, 04150303 and 04150304). The 86.5 acre site is known as the Durand site located in the Town of Alexandria, Jefferson County, New York. A draft mitigation plan has been received for this site pursuant to 33 CFR 332 and 40 CFR 230. There is not at present an application for work in waters of the United States at this site however authorization under section 404 of the Clean Water Act would be required for construction of the site. The Districts will consider comments made during the 30 day public notice period. |
3/11/16 |
| Information to Assist in Compliance with Nationwide Permit General Condition 18, Endangered Species |
The purpose of this document is to provide information for prospective users of the Nationwide Permits (NWPs) that are not federal agencies to help them determine whether a proposed NWP activity requires a pre-construction notification (PCN) to ensure compliance with the Endangered Species Act (ESA). For the 2012 NWPs, ESA Section 7 compliance is covered by NWP General Condition 18.
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12/9/15 |
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PN2010-00963NY
Draft Golf Course Mitigation Plan - Service Area One 19 May 2015
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The New York District and Buffalo District of the Army Corps of Engineers are requesting comments on a proposed mitigation site to be incorporated into The Wetland Trust’s in-lieu fee mitigation program within the Unadilla/Susquehanna Service Area (0205101). The 123.8 acre site is known as the former Riverbed Golf Course site located in the Town of New Berlin, Chenango County, New York. A draft mitigation plan has been received for this site pursuant to 33 CFR 332 and 40 CFR 230. There is not at present an application for work in waters of the United States at this site however authorization under section 404 of the Clean Water Act would be required for construction of the site. The Districts will consider comments made during the 30 day public notice period. |
6/25/15 |
| Withdrawal of Clean Water Act Interpretive Rule for 404(f)(1)(A) |
On January 29, 2015, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) signed a memorandum withdrawing an interpretive rule that addressed an exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA). On March 25, 2014, both agencies signed an interpretive rule, “Interpretive Rule Regarding Applicability of the Exemption from Permitting under Section 404(f)(1)(A) of the Clean Water Act to Certain Agricultural Conservation Practices,” that addressed applicability of the permitting exemption provided under section 404(f)(1)(A) of the CWA to discharges of dredged or fill material associated with certain agricultural conservation practices. Congress subsequently directed the agencies to withdraw this interpretive rule. The Memorandum of Understanding signed on March 25, 2014, by EPA, Army, and the U.S. Department of Agriculture concerning the interpretive rule is also withdrawn. These actions are effective immediately. |
2/2/15 |
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Proposed modification of the In-Lieu Fee Program to include Service Areas within the Lower Genesee, Upper Genesee, Seneca (Finger Lakes), Oneida and Oswego combined, Mohawk, Schoharie and Upper Delaware Basins in New York State
Amended Instrument
Amended Instrument Appendices
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The New York District and Buffalo District of the Army Corps of Engineers are requesting comments on a proposed modification of the existing In-lieu fee program sponsored by The Wetland Trust, to provide mitigation for impacts to waters of the United States. Currently the In-lieu fee program is within five separate 8-digit Hydrologic Unit Code (HUC) service areas within the State of New York. Expanded service areas within the New York District would be available in all or parts of the following counties: Hamilton, Fulton, Montgomery Otsego, Schoharie, Schenectady, Saratoga, Delaware, Greene, Albany and Sullivan Counties.
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1/16/2015 |
| Clean Water Act Proposed WOUS Rule - Additional Comment Period Extension |
On 21 April 2014, the USEPA and the Corps of Engineers (Corps) published for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). The proposed rule was developed to enhance protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of “waters of the United States” protected under the Act. The comment period which was originally scheduled to end on July 21, 2014, had been previously extended to October 20, 2014. Comments now must be received on or before November 14, 2014. |
6/11/2014 |
| Re-Issuance of NYDGP-15 |
The New York District announces the re-issuance of NYDGP-15, which authorizes activities in waters of the United States to facilitate the remediation of sites that are damaged from major storms that result in a Federal and/or State disaster declaration. It applies to waters of the United States that lie within the jurisdiction of the New York District in the specific towns or counties in New York State that are identified in the disaster declaration. |
7/2/2014 |
| Clean Water Act Proposed WOUS Rule - Comment Period Extension |
On 21 April 2014, the USEPA and the Corps of Engineers (Corps) published for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). The proposed rule was developed to enhance protection for the nation’s public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of “waters of the United States” protected under the Act. This notice is to announce that the comment period has been extended through October 20, 2014. Comments must be received on or before October 20, 2014. The comment period was originally scheduled to end on July 21, 2014. |
6/11/2014 |
| Clean Water Act Interpretive Rule for 404(f)(1)(A) Reopening of Comment Period for the Interpretive Rule |
On 21 April 2014, the USEPA and the Corps of Engineers (Corps) published a Notice of Availability and Public Comment (79 FR 22276) to announce the availability of an interpretive rule regarding the applicability of the exemption from permitting provided under section 404(f)(1)(A) of the Clean Water Act (CWA) for discharges of dredged and/or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service (NRCS) conservation practice standards that are designed and implemented to protect and enhance water quality. The interpretive rule was effective on April 03, 2014. The public comment period has been reopened through July 07, 2014, in response to stakeholder requests. Comments submitted between the close of the original comment period and the re-opening of this comment period will be accepted and considered. |
6/11/2014 |
| Clean Water Act Proposed WOUS Rule |
On 21 April 2014, the USEPA and the USACE are publishing for public comment a proposed rule defining the scope of waters protected under the Clean Water Act (CWA), in light of the U.S. Supreme Court cases in U.S. v. Riverside Bayview, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), and Rapanos v. United States (Rapanos). The proposed rule was developed to enhance protection for the nation's public health and aquatic resources, and increase CWA program predictability and consistency by increasing clarity as to the scope of "waters of the United States" protected under the Act. |
4/18/2014 |
| Clean Water Act Interpretive Rule |
USACE and USEPA are publishing a Notice of Availability and Public Comment to announce the availability of an interpretive rule regarding the applicability of the exemption from permitting provided under section 404(f)(1 )(A) of the Clean Water Act (CWA) for discharges of dredged and/or fill material associated with certain agricultural conservation practices based on the Natural Resources Conservation Service (NRCS) conservation practice standards that are designed and implemented to protect and enhance water quality. The interpretive rule was effective on April 03, 2014. |
4/18/2014 |
| Proposed Re-Issuance of NYDGP-15 |
The New York District is soliciting comments on their proposal to re-issue a regional general permit that authorizes the installation of structures and dredging in navigable waters and the discharge of dredged or fill material, including discharges associated with excavation activities, into waters of the United States to facilitate the remediation of sites that are damaged from major storms that result in a Federal and/or State disaster declaration. |
2/13/2014 |
| Public Information Announcement NAN-2013-00849 |
Over the past few weeks of June - early July 2013, persistent severe rain storms, subsequent flooding and other storm related damages in New York State have resulted in State disaster declarations for eight (8) counties within the regulatory boundaries of the New York District of the United States Army Corps of Engineers. Locations outside of these counties could also receive State and/or Federal disaster declarations while the threat of the severe storms persists. It is anticipated that owners of damaged property will want to conduct repair activities in the near future. This advisory is intended to inform property owners of the U.S. Army Corps of Engineers New York District permit requirements for storm damage repairs, including the availability of a regional general permit that may be used to accomplish the repair work. |
7/3/2013 |
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Announcement of Publication of the Northcentral and Northeast Regional Supplement to the 1987 Wetland Delineation Manual, Version 2.0.
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2/20/12 |
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On November 16, 2011, the U.S. Army Corps of Engineers published in the Federal Register its request for comments regarding our proposal under Executive Order 13563, "Improving Regulation and Regulatory Review," issued on January 18, 2011. The Regulatory Program of the U.S. Army Corps of Engineers (USACE) is seeking public input on its plan to retrospectively review its Regulations implementing the USACE Regulatory Program at 33 CFR 320-332 and 334.
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11/16/11 |
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Between August 27 and 30, 2011, sections of New York and New Jersey experienced severe flooding and other storm related damages as a result of Hurricane Irene. In response to this damage, State and Federal disaster declarations were made for both states which are located within the boundaries of the New York District of the United States Army Corps of Engineers. It is anticipated that owners of damaged property will want to conduct repair activities in the near future. This advisory is intended to inform property owners of the U.S. Army Corps of Engineers (Corps) permit requirements for storm damage repairs.
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08/29/11
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The US Army Corps of Engineers New York District, proposes to issue an order assessing a Class I Administrative Penalty against Thomas Building and Development Company. A Department of the Army authorization was issued to the Permittee on June 29, 2006. A special condition of the authorization required that the Permittee secure a deed restriction on 6.36 acres of land, to guarantee preservation of the land for wetland and wildlife purposes. This deed restriction was to be filed on or before August 27, 2006. The Permittee filed a deed restriction meeting the requirements of the authorization on June 13, 2007, more than nine months after such filing was due.
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07/19/11
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The US Army Corps of Engineers New York District, proposes to issue an order assessing a Class I Administrative Penalty against North Manor Development, LLC. A Department of the Army authorization was issued to the Permittee on July 20, 2006. A special condition of the authorization required that the Permittee secure a deed restriction on 35.91 acres of land. This deed restriction was to be filed on or before September 18, 2006. The Permittee filed a deed restriction meeting the requirements of the authorization on April 15, 2010, after commencement of work on the project site and more than three years, six months after such filing was due.
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07/19/11
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Between April 26 and May 08, 2011, storms, flooding, tornadoes, and straight-line winds fell upon New York resulting in severe flooding and other storm related damages. As a result, State and Federal disaster declarations were made for twenty-one (21) counties in New York State including the following seven (7) counties within the boundaries of the New York District of the United States Army Corps of Engineers: Clinton, Delaware, Essex, Franklin, Hamilton, Ulster, and Warren. It is anticipated that owners of damaged property will want to conduct repair activities in the near future. This advisory is intended to inform property owners of the U.S. Army Corps of Engineers (Corps) permit requirements for storm damage repairs.
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06/17/11
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On May 2, 2011, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (USACE) jointly published in the Federal Register their proposal to issue clarifying guidance for determining which waters and wetlands are protected under the Clean Water Act (CWA) programs.
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05/02/11
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The New York District announces the issuance of a Regional General Permit to be used to authorize work in navigable waters of the U.S. and discharges of fill materials into waters of the U.S. to facilitate military construction projects at the Fort Drum Military Reservation.
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03/16/11
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Request for comments on a proposed In-lieu fee program sponsored by Ducks Unlimited, Inc., to provide mitigation for impacts to waters of the United States within sixteen separate 8-digit Hydrologic Unit Code (HUC) service areas within the State of New York. Service Areas within the New York District would include the St. Lawrence River and Black River Basins, within Franklin, Clinton, Hamilton and Essex counties.
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02/08/11
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Request for comments on a proposed In-lieu fee program sponsored by The Wetland Trust, to provide mitigation for impacts to waters of the United States within five separate 8-digit Hydrologic Unit Code (HUC) service areas within the State of New York
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01/10/11
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News Release and Q&As on the updated draft National Wetland Plant List available for a 60-day review and comment period
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01/06/11
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Announcement of Issuance of the Final Atlantic and Gulf Coastal Plain Regional Supplement to the 1987 Wetland Delineation Manual
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12/21/10
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Announcement of Publication and One-Year Trial Implementation Period of the Eastern Mountains and Piedmont Supplement to the 1987 Wetland Delineation Manual.
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09/14/10
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Proposed Timber Crib and Concrete Caisson Pier Regional General Permit
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08/05/10
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A proposal to modify the existing Fort Drum Wetland Mitigation Banking Instrument to allow mitigation of impacts to waters of the United States through the Bank for military construction funded projects. The Bank is currently used only to mitigate for smaller projects accomplished with installation funds.
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06/30/10
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Suspension of Nationwide Permit Number 21 in the Appalachian Region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia
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06/25/10
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Public Information Announcement for Storm Damage Repair
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05/14/10
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Announcement of Publication and One-Year Trial Implementation Period of the Northcentral and Northeast Regional Supplement to the 1987 Wetland Delineation Manual.
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02/01/10
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Request for comments on a proposed Regional General Permit to be used to authorize work in navigable waters of the U.S. and discharges of fill materials into waters of the U.S. to facilitate military construction projects at the Fort Drum Military Reservation.
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01/27/10
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