Walla Walla District

On February 21, 2012, the U.S. Army Corps of Engineers (Corps) published notice in the Federal Register announcing the reissuance of all existing nationwide permits (NWPs), general conditions, and definitions with some modifications. 

On March 19, 2012, the current NWP authorizations became effective.  These authorizations will expire on March 18. 2017.  The Corps issued two new NWPs, three new general conditions, and three new definitions.  The Corps also issued a final Decision Document in March 2012 for each of the 52 Nationwide Permits. 

All NWP authorizations are verified with General Conditions, as outlined in the Feb. 21, 2012 Federal Register and associated corrections, published on March 19, 2012.  There are also specific Regional Conditions that have been added for certain NWP authorizations issued within the Walla Walla District.  Further, on a project-by-project basis, Special Conditions may be also issued with the final NWP verification. 

Activities under the Nationwide Permit Program must ensure that proposed projects and work activities meet all applicable terms and conditions to minimize impacts to waters of the United States, including wetlands. 

Many NWP authorizations require both prior notification and written verification from the Corps before project/work activities begin.  Prior notification is known as a Pre-Construction Notification, or PCN. 

A Joint Application for Permits packet (including required drawings) is used to satisfy the PCN requirement, as outlined in General Condition #31: PCN Notification.  

The PCN allows the Corps and other regulatory agencies in the State of Idaho to better understand and evaluate the site specific impacts that you are proposing to do in or around waters of the United States, including wetlands, that may affect the aquatic ecosystem, habitats, water access/flow, water quality, etc.  The PCN also allows for a combined effort by the Corps and other agencies to evaluate the measures you propose to take to avoid and/or mitigate for impacts that may damage the environment. 

For further information on PCN's, requirements or where to send your PCN, please contact your local Regulatory Field office. 

All NWP authorizations require a Section 401 Water Quality Certificate (WQC) to verify compliance with state or tribal water quality standards for any discharge of dredge and/or fill material into a Waters of the United States (Section 401, Clean Water Act). 

The Idaho Department of Environmental Quality (IDEQ) is the water quality agency that administers water quality certification for the State of Idaho.  The United States Environmental Protection Agency, Region 10 (USEPA) administers water quality certification for tribes that do not have water quality certifying authority with the State of Idaho.  Currently, the only Tribes that have Section 401 water quality certification are the Coeur d'Alene Tribe and Shoshone-Bannock Tribes, Fort Hall Reservation.  

Effective July 5, 2012, IDEQ issued its final 401 WQC for the 2012 NWPs.  The Northwest Division Commander accepted the IDEQ’s final 401 WQC on July 13, 2012. 

IDEQ certified all NWPs with the exception of the following:
   NWP 12 is Partially Denied
   NWP 13 is Partially Denied
   NWP 14 is Partially Denied
   NWP 16 is Denied without Prejudice
   NWP 17 is Denied without Prejudice
   NWP 51 is Denied without Prejucide
   NWP 52 is Denied without Prejudice

IDEQ also denied certification for any activities authorized by the NWPs that may result in the discharge to an Outstanding Resource Water.

The Coeur d'Alene Tribe, Shoshone-Bannock Tribe, Fort Hall Reservation and the U.S. EPA denied water quality certification for all 2012 NWPs.  An individual 401 certification is required for any project within a tribal boundary located within the State of Idaho.