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LRC-2021-06-NWP-IL

CELRC-ORD-R
Published March 4, 2021
Expiration date: 3/14/2026

               PUBLIC NOTICE

                                                                                                    __________________                                                                                                                      

   US Army Corps

   of Engineers

   Chicago District

 

Sponsor:  US Army Corps of Engineers          Issue Date:  March 4, 2021

 

 

Special Public Notice for the Nationwide Permit Reissuance and Regional Conditions for the State of Illinois – Issuance of Regional Conditions

 

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 have been revised to expire on March 14, 2021. According to 33 CFR § 330.6(b), activities which have commenced (i.e, are under construction) or are under contract to commence in reliance upon an NWP that was verified under the 2017 NWP, will remain authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation. If an activity that was verified under these 12 existing NWPs and has commenced or is under contract to commence, they will remain authorized until March 14, 2022.

REGIONAL CONDITIONS: With the publication of these NWPs in the Federal Register, the Great Lakes and Ohio River Division has finalized the regional conditions for these 16 NWPs in Illinois. Regional conditions provide additional protection for the aquatic environment and help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects. Regional conditions help ensure protection of high value waters within the state of Illinois. The Regional Conditions below are applicable to the 16 NWPs listed on page 1:

  1. For NWP 12, 57, and 58, a pre-construction notification is required in accordance with General Condition 32 for the following activities:

(a) activities that involve mechanized land clearing in a forested wetland for the utility line right-of-way;

(b) utility lines placed within, and parallel to or along a jurisdictional stream bed.

 

  1. For Nationwide Permit 14, all proposed projects that result in the loss of greater than 300 linear feet of streambed located within Waters of the U.S., requires a Pre-Construction Notice in accordance with General Condition No. 32.

 

  1. Any bank stabilization activity involving a method that protrudes from the bank contours, such as jetties, stream barbs, and/or weirs, will require a pre-construction notification in accordance with General Condition 32.

 

WATER QUALITY CERTIFICATION: The Section 401 Water Quality Certifications (WQC) have been issued for Section 404 NWP activities by the Illinois Environmental Protection Agency (IEPA). The WQCs were approved by the Mississippi Valley Division (MVD) Commander and are added as regional conditions to the NWPs.  Section 401 Water Quality Certification with conditions (General Conditions and/or Special Conditions) has been issued for NWPs: 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 45, 46, 51, 52, 53, 54, C (now numbered as 57), D (now numbered as 58).  Section 401 Water Quality Certification has been denied for NWPs: 21, 34, 44, 48, 49, 50, and E. The WQCs are included as an attachment to this Public Notice (Attachment 1).

 

2017 NATIONWIDE PERMITS: On March 17, 2017, the U.S Army Corps of Engineers’ Great Lakes and Ohio River Division Commander revoked 24 Nationwide Permits from use within the Illinois portion of the Chicago District boundary. Once the final 2021 Nationwide Permit rule goes into effect on March 15, 2021, the list of revoked and active Nationwide Permits within the Illinois portion of the Chicago District boundary will change. The following is a list of the Nationwide Permits that will be active for use in the Illinois portion of the Chicago District, effective March 15, 2021:

 

  • NWP 2 – Structures in Artificial Canals
  • NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
  • NWP 5 – Scientific Measurement Devices
  • NWP 6 – Survey Activities
  • NWP 8 – Oil and Gas Structures on the Outer Continental Shelf
  • NWP 9 – Structures in Fleeting and Anchorage Areas
  • NWP 12 – Oil or Natural Gas Pipeline Activities
  • NWP 15 – U.S. Coast Guard Approved Bridges
  • NWP 16 – Return Water from Upland Contained Disposal Areas
  • NWP 17 – Hydropower Projects
  • NWP 21 – Surface Coal Mining Activities
  • NWP 23 – Approved Categorical Exclusions
  • NWP 24 – Indian Tribe or State Administered Section 404 Programs
  • NWP 28 – Modifications of Existing Marinas
  • NWP 29 – Residential Developments
  • NWP 30 – Moist Soil Management for Wildlife
  • NWP 34 – Cranberry Production Activities
  • NWP 35 – Maintenance Dredging of Existing Basins
  • NWP 37 – Emergency Watershed Protection and Rehabilitation
  • NWP 39 – Commercial and Institutional Developments
  • NWP 40 – Agricultural Activities
  • NWP 42 – Recreational Facilities
  • NWP 43 – Stormwater Management Facilities
  • NWP 44 – Mining Activities
  • NWP 45 – Repair of Uplands Damaged by Discrete Events
  • NWP 46 – Discharges in Ditches
  • NWP 48 – Commercial Shellfish Mariculture Activities
  • NWP 49 – Coal Remining 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 53 – Removal of Low-Head Dams
  • NWP 54 – Living Shorelines
  • 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 above Italicized Permits are the 16 new 2021 NWPs, which are now active within the Chicago District.  Please also see the attached, “Summary of the 2021 and 2017 Nationwide Permits for Chicago District (Attachment 2)” chart for a list of which NWPs are active within Chicago District. 

 

The regional conditions for the existing 2017 NWPs that were approved by division engineers in 2017 remain in effect until they expire on March 18, 2022 or are reissued, whichever is first. As noted above, the regional conditions for the 16 new 2021 NWPs mentioned on Page 1 (reissuance of 12 existing nationwide permits (NWPs) and four new NWPs) are found at the top of page 2.

The following permits remain revoked within the Illinois portion of the Chicago District boundary, until the Corps issues a final rule reissuing those NWPs or March 18, 2022, whichever comes first:

 

  • NWP 1– Aids to Navigation
  • NWP 3 – Maintenance
  • NWP 7 – Outfall Structures and Associated Intake Structures
  • NWP 10 – Mooring Buoys
  • NWP 11 – Temporary Recreational Structures
  • NWP 13 – Bank Stabilization
  • NWP 14 – Linear Transportation Projects
  • NWP 18 – Minor Discharges
  • NWP 19 – Minor Dredging
  • NWP 20 – Response Operations for Oil or Hazardous Substances
  • NWP 22 – Removal of Vessels
  • NWP 25 – Structural Discharges
  • NWP 27– Aquatic Habitat Restoration, Establishment, and Enhancement Activities
  • NWP 31– Maintenance of Existing Flood Control Facilities
  • NWP 32 – Completed Enforcement Actions
  • NWP 33 – Temporary Construction, Access, and Dewatering
  • NWP 36 – Boat Ramps
  • NWP 38 – Cleanup of Hazardous and Toxic Waste
  • NWP 41 – Reshaping Existing Drainage Ditches

 

 

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

 

As an alternative, 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/

 

Attachments:

1 –  Illinois EPA Section 401 Water Quality Certification for the 2021 Nationwide Permits

2 – Illinois NWP Summary Chart


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