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Regulatory Branch Nationwide Permits Reissuance

Regulatory Branch Nationwide Permits Reissuance. Nashville District August 17, 2012. Regulatory Program Authorities. Section 10 Rivers and Harbors Act of 1899 Activities that affect location and navigable capacity Work such as dredging Construction such as docks, marinas, jetties, etc.

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Regulatory Branch Nationwide Permits Reissuance

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  1. Regulatory BranchNationwide Permits Reissuance Nashville District August 17, 2012

  2. Regulatory ProgramAuthorities • Section 10 Rivers and Harbors Act of 1899 • Activities that affect location and navigable capacity • Work such as dredging • Construction such as docks, marinas, jetties, etc • Section 404 of the Clean Water Act (1972) • All waters of the US (including wetlands) • Discharge of dredged or fill material

  3. Regulatory ProgramTypes of Permits • Standard Individual Permits • Public notice on specific project • Opportunity for public hearing • Activities with more than minimal impact • Letters of Permission • Individual authorization • Minor impacts, limited coordination

  4. Regulatory ProgramTypes of Permits To minimize the burden of the Regulatory Program, the Corps uses General Permits: • Regional General Permits • Programmatic General Permits • Nationwide Permits • General permit issued by the Chief of Engineers • Designed to regulate with little paperwork or time • Class or category of activities having minimal impacts • Approximately 40,000 reported activities and 70,000 authorized activities per year

  5. Nationwide Permits (NWPs)Reissuance Why reissue Nationwide Permits every five years? • Requirement of the Clean Water Act • Keep the NWP program up to date • Provide clarity and certainty to the regulated public • Protect the aquatic environment • Save the regulated community and the government time and money • Encourage innovation and ensure consistency and predictability

  6. Nationwide Permits (NWPs)Activities Expedited review of projects that have minimal impact on the aquatic environment: • Linear transportation projects (roads, etc.) • Bank stabilization activities • Residential development • Commercial and industrial developments • Repair and maintenance activities.

  7. Nationwide Permits (NWPs)Notable Changes, 2012 Reissue 48 existing NWPs, with (mostly) minor changes: • NWP #3 (Maintenance) – Added the ability to place new/additional rip-rap to protect an existing, serviceable structure (previously limited to staying within the original structure’s footprint/size). • NWP #27 (Aquatic Habitat Restoration, Enhancement) – Clarified that compensatory mitigation is not required for NWP 27 activities. • NWP #44 (Non-coal Mining) – Added a 300 linear foot limit for losses of (permanent impacts to) stream beds. • NWP #13, #29, #36, #39, #43, #44, etc. (NWPs with certain linear limitations) – Linear limitations may only be waived by making a written determination concluding that the discharge will result in minimal adverse effects.

  8. Nationwide Permits (NWPs)Notable Changes, 2012 Revoked one and added two NWPs, for a total of 50: • NWP #47 (Pipeline Safety Program) – Was NOT reissued however NWP #3 and #12 still offer coverage for many pipeline projects. • NWP #51 and #52 – Added two NEW NWPs for Land Based Renewable Energy Generation Facilities and Water Based Renewable Energy Generation Pilot Projects.

  9. Nationwide Permits (NWPs)Notable Changes, 2012 Changes to the 2012 NWP Program General Conditions: • Reissued 28 General Conditions with (mostly) minor changes. • Added three new General Conditions for a total of 31: • GC #19 requires that the permittee be responsible for complying with USFWS’s regulations governing the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. • GC #21 requires permittees to stop work and notify the Corps if cultural artifacts are discovered during authorized activities. • GC #24 ensures the safety of impoundment structures (dams) by requiring applicants to demonstrate that structures comply with established state dam safety criteria and/or have been designed and independently reviewed by qualified persons.

  10. Nationwide Permits (NWPs)Water Quality Certification The state of Tennessee denied without prejudice the section 401 water quality certification for the NWPs with three exceptions. Applications to the state of Tennessee for §401 certifications or Aquatic Resource Alteration Permits (ARAPs) are required on an individual basis for coverage under the NWPs for activities not provided for below: • NWP #13 (Bank Stabilization) • NWP #25 (Structural Discharges) • NWP #36 (Boat Ramps) The activity must be located within water resource development project lands and waters, including flowage easement, managed by the Tennessee Valley Authority or the U. S. Army Corps of Engineers. Rip rap activities under NWP #13 shall be limited to 500 linear feet.

  11. Regulatory ProgramPoints of Contact Regulatory District Office U.S. Army Corps of Engineers 3701 Bell Road Nashville, Tennessee 37214 Phone (615) 369-7500 Fax (615) 369-7501 Internet: http://www.Lrn.usace.army.mil/cof Eastern Regulatory Field Office U.S. Army Corps of Engineers 501 Adesa Blvd Suite B 250 Lenoir City, Tennessee 37771 Phone (865) 986-7296 Fax (865) 988-4148 Western Regulatory Field Office U.S. Army Corps of Engineers 2042 Beltline Road, SW Bldg. C, Suite 415 Decatur, Alabama 35601 Phone (256) 350-5620 Fax (256) 350-5499

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