PUBLIC NOTICE FOR FEDERAL REGISTER NOTICE-ANNOUNCING THE REISSUANCE OF THE NATIONWIDE PERMITS
On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026:
- NWP 12 – Oil or Natural Gas Pipeline Activities
- NWP 21 – Surface Coal Mining Activities
- NWP 29 – Residential Developments
- NWP 39 – Commercial and Institutional Developments
- NWP 40 – Agricultural Activities
- NWP 42 – Recreational Facilities
- NWP 43 – Stormwater Management Facilities
- NWP 44 – Mining Activities
- NWP 48 – Commercial Shellfish Mariculture Activities
- NWP 50 – Underground Coal Mining Activities
- NWP 51 – Land-Based Renewable Energy Generation Facilities
- NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
- NWP 55 – Seaweed Mariculture Activities
- NWP 56 – Finfish Mariculture Activities
- NWP 57 – Electric Utility Line and Telecommunications Activities
- NWP 58 – Utility Line Activities for Water and Other Substances
The 12 existing NWPs published in the January 13, 2021 final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52 expire on March 14, 2021.
With the publication of this Federal Register notice, Corps divisions will begin finalizing regional conditions for these 16 NWPs. Regional conditions will provide additional protection for the aquatic environment, and will help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within the Fort Worth District.
Corps divisions and districts will also begin determining which conditions for water quality certifications issued by states, tribes, and EPA for the issuance of these NWPs become conditions of these NWPs. Corps divisions and districts will also begin determining which conditions for Coastal Zone Management Act consistency concurrences issued by states for the issuance of these NWPs become conditions of these NWPs. Those regional conditions will be announced in a future public notice issued by the Fort Worth District.
The January 13, 2021, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits
For additionalinformation, interested parties can access the January 13, 2021, final rule and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
15 September 2020 - Army Corps of Engineers announces proposal to renew and revise nationwide permits 15 September 2020 -
The U.S. Army Corps of Engineers announced today that it has prepared its proposal to renew and revise 52 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The proposal was published in the Federal Register today. The public comment period ends on November 16, 2020. The proposed rule is available through the Federal Register web site at:
22 Jun 2020– Navigable Waters Protection Rule becomes effective
The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR): Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories. A preliminary injunction has been granted for the state of Colorado. Federal jurisdiction in Colorado will be determined using the 2019 Rule (the recodification of the 1986 Regulations) and associated 2003/2008 (SWANCC/Rapanos) guidance documents. The NWPR establishes the scope of federal regulatory authority under the Clean Water Act. The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.
18 May 2020 -2018 National Wetland Plant List (NWPL) Update
The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf
The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at http://wetland-plants.usace.army.mil/. State, regional, and national lists can also be downloaded from this site.
18 Mar 2020-Regulatory Division Operations
The Fort Worth District Regulatory Division remains in operation. This includes, but is not limited to: accepting pre-application meeting requests, applications for Section 404 Clean Water Act and Section 10 Rivers and Harbors Act, Individual Permits, Pre-Construction Notifications for use of Nationwide or Regional General Permits, Aquatic Resource Delineation Reviews and Jurisdictional Determinations, mitigation proposals, site visits and compliance inspections. Regulatory Project Managers are available by telephone and e-mail, however, face to face meetings in the Lanham Federal Building in Fort Worth have been curtailed until further notice. Telephone calls to our front desk 817-886-1731 will be forwarded to our Regulator of the Day. Please leave a message, telephone number and an e-mail address and a Project Manager will contact you as soon as possible.
We encourage the public to take full advantage of the paperless/electronic submittals procedures established 20 Nov 2019 as the primary means of accepting applications. See Electronic Submittal Instructions for more information.
Applicants/Consultants may submit all initial questions and application materials to CESWF-Permits@usace.army.mil. For reporting unauthorized activities in waters of the United States, you may complete a Fort Worth District Alleged Violation Report Form and email it to CESWF-Compliance@usace.army.mil. Compliance Certification Forms and Compliance Monitoring Reports may also be sent to CESWF-Compliance@usace.army.mil
28 Jan 2020 - NRCS and Army rescind 2005 joint memorandum
28 Jan 2020 - NRCS and Army rescind 2005 joint memorandum The Natural Resources Conservation Service (NRCS) and the Deputy Assistant Secretary of the Army have provided written notice to rescind the 2005 joint memorandum titled "Guidance on Conduction Wetland Determinations for the Food Security Act of 1985 and Section 404 of the Clean Water Act". This rescission is effective immediately. This rescission does not alter the roles or responsibilities of the Agencies under their respective statutory and regulatory authorities. The Agencies will continue their practice of informing landowners that wetland delineations (performed by the Corps) and determinations (performed by the NRCS) may not be valid for FSA or CWA requirements, respectively. The Agencies intend to issue new guidance on this topic in the near future.
2 January 2020-Boat Ramps and Minor Facilities
The Fort Worth District has reissued Regional General Permit 8 for the discharge of dredged and/or fill material into waters of the United States (U.S.), including wetlands, and work in, or affecting navigable waters of the U.S., associated with the construction, operation, modification and/or maintenance of boat ramps, minor structures and facilities, and associated dredging (valid 27 Jan 2020-27 Jan 2025). (RGP-8)
20 November 2019-Electronic Submissions Being Accepted
The Fort Worth District Regulatory Division transitioned to paperless/electronic submittals as the primary means of accepting applications. This includes, but is not limited to: pre-application meeting requests, applications for Section 404 Clean Water Act and Section 10 Rivers and Harbors Act Individual Permits (Standard Permits and Letters of Permission), Pre-Construction Notifications for use of Nationwide or Regional General Permits, Aquatic Resource Delineation Reviews and Jurisdictional Determinations, and mitigation proposals (mitigation banks and permittee responsible mitigation plans). See Electronic Submittal Instructions for more information.
Applicants/Consultants may submit all initial application materials to CESWF-Permits@usace.army.mil. For reporting unauthorized activities in waters of the United States, you may complete a Fort Worth District Alleged Violation Report Form and email it to CESWF-Compliance@usace.army.mil .
21 Oct 2019 Definition of Waters of the United States"-Recodification of Pre-Existing Rules
The Environmental Protection Agency (EPA) and the Department of the Army (‘‘the agencies’’) are publishing a final rule to repeal the 2015 Clean Water Rule: Definition of ‘‘Waters of the United States’’ (‘‘2015 Rule’’), which amended portions of the Code of Federal Regulations (CFR), and to restore the regulatory text that existed prior to the 2015 Rule. The agencies will implement the pre-2015 Rule regulations informed by applicable agency guidance documents and consistent with Supreme Court decisions and longstanding agency practice. More information regarding the WOTUS rulemaking can be found at EPA’s website: https://www.epa.gov/wotus-rule. Effective Dec 23, 2019. https://www.govinfo.gov/content/pkg/FR-2019-10-22/pdf/2019-20550.pdf
07 August 2019 - Regulatory Guidance Letter 19-02 (Timeframes for Clean Water Act Section 401 Water Quality Certifications and Clarification of Waiver Responsibility) The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 19-02. This RGL provides guidance to USACE district engineers to clarify timeframes improve efficiency for receiving Section 401 Water Quality Certification decisions.
25 February 2019 - Regulatory Guidance Letter 19-01 (Mitigation Bank Credit Release Schedules and Equivalency in Mitigation Bank and In-Lieu Fee Program Service Areas) The Assistant Secretary of the Army for Civil Works has announced the issuance of the USACE Regulatory Guidance Letter (RGL) 19-01. This RGL provides guidance to USACE district engineers on credit release schedule for mitigation banks and on using consistent criteria to establish service areas for both mitigation banks and in-lieu fee programs.
Flood Recovery and Repair Activities-Special Public Notice-In response to the severe flooding and other storm related damages in the Fort Worth District. Municipalities and owners of damaged property wanting to conduct repair activities resulting in dredging or placing fill in waters of the United States, including rivers, lakes, streams, creeks, and wetlands should review the public notice. Many of the permits have scopes of work and thresholds which allow you to accomplish your project without delay or waiting for an authorization.
The National Technical Committee for Hydric Soils has updated the Field Indicators of Hydric Soils in the United States to version 8.2 in electronic format at http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_053171.pdf For more information regarding hydric soils, go to http://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/
Hydrologic Modeling Guidelines Technical Report and Checklist
This Technical Report presents technical information supporting development of a set of Hydrologic Modeling Guidelines (HMGs) for the U.S. Army Corps of Engineers Fort Worth District Regulatory Division (Corps). The HMGs are designed for discretionary application by Corps project managers and water supply permit Applicants to assist in identifying hydrologic analysis and modeling needs and requirements associated with water supply and management permit applications, with a focus on the RiverWare modeling platform for cases that require hydrologic modeling. The HMGs are intended to add predictability and transparency to the aspects of the permitting process related to hydrologic modeling but are not required to be used by Applicants or Corps regulators. These guidelines have been developed primarily for the Corps’ Regulatory Program’s (Regulatory) project managers who have limited experience associated with the topics covered. Report