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LRL-2020-06-NWP-IN

CELRC-ORD-R
Published March 5, 2021
Expiration date: 3/14/2026

Public Notice

US Army Corps of Engineers

 

Public Notice No. LRL-2020-00006

 

Please address all comments and inquiries to:

U.S. Army Corps of Engineers, Louisville District

ATTN: Kimberly J. Simpson, CELRL-RD-N, Rm 752

P.O. Box 59

Louisville, Kentucky 40201-0059

Phone: (502) 315-6691

 

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. The January 13, 2021, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modificationof-nationwide-permits. The 16 NWPs, listed below, become effective 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

 

On February 15, 2021, the Great Lakes and Ohio River Division (LRD) approved Regional Conditions for the 2021 NWPs in Indiana. The Regional Conditions for the 2021 NWPs for Indiana become effective on March 15, 2021 and are attached to this public notice. Additionally, the Louisville District has posted the Indiana Regional Conditions for the 2021 NWPs on its internet home page at:  http://www.lrl.usace.army.mil/Missions/Regulatory/Obtain-a-Permit/Nationwide/.

 

The Indiana Department of Environmental Management (IDEM) waived 401 Water Quality Certification (WQC) for NWPs 48, 55, and 56, therefore no 401 WQC will be required for a project authorized by NWPs 48, 55, and 56. IDEM denied the 401 WQC for NWP 43, therefore an individual 401 WQC will be required for a project authorized by NWP 43. IDEM included 25 general conditions that will apply to all of the 2021 NWPs. They also included specific conditions for NWPs 12, 29, 39, 40, 42, 44, 51, 52, 57, and 58. An individual 401 WQC will be required by IDEM under certain conditions. The 401 WQC for the 2021 NWPs becomes effective on March 15, 2021 and is attached to this public notice. Additionally, the Louisville District has posted the 401 WQC on its internet homepage at the link noted above.

 

There are 40 existing NWPs that were not reissued or modified by the January 13, 2021 final rule. Those 40 NWPs were published in the January 6, 2017 issue of the Federal Register (82 FR 1860). The 40 2017 NWPs, accompanying Regional Conditions and 401 WQC will remain in effect until the Corps issues a final rule reissuing those NWPs, Regional Conditions, and 401 WQC, or until March 18, 2022, whichever comes first. Listed below are the 40 2017 NWPs that remain in effect.

 

  • NWP 1 – Aids to Navigation
  • NWP 2 – Structures in Artificial Canals
  • NWP 3 – Maintenance
  • NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
  • NWP 5 – Scientific Measurement Devices
  • NWP 6 – Survey Activities
  • NWP 7 – Outfall Structures and Associated Intake Structures
  • NWP 8 – Oil and Gas Structures on the Outer Continental Shelf
  • NWP 9 – Structures in Fleeting and Anchorage Areas
  • NWP 10 – Mooring Buoys
  • NWP 11 – Temporary Recreational Structures
  • NWP 13 – Bank Stabilization
  • NWP 14 – Linear Transportation Projects
  • NWP 15 – U.S. Coast Guard Approved Bridges
  • NWP 16 – Return Water From Upland Contained Disposal Areas
  • NWP 17 – Hydropower Projects
  • NWP 18 – Minor Discharges
  • NWP 19 – Minor Dredging
  • NWP 20 – Response Operations for Oil or Hazardous Substances
  • NWP 22 – Removal of Vessels
  • NWP 23 – Approved Categorical Exclusions
  • NWP 24 – Indian Tribe or State Administered Section 404 Programs
  • NWP 25 – Structural Discharges
  • NWP 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities
  • NWP 28 – Modifications of Existing Marinas
  • NWP 30 – Moist Soil Management for Wildlife
  • NWP 31 – Maintenance of Existing Flood Control Facilities
  • NWP 32 – Completed Enforcement Actions
  • NWP 33 – Temporary Construction, Access, and Dewatering
  • NWP 34 – Cranberry Production Activities
  • NWP 35 – Maintenance Dredging of Existing Basins
  • NWP 36 – Boat Ramps
  • NWP 37 – Emergency Watershed Protection and Rehabilitation
  • NWP 38 – Cleanup of Hazardous and Toxic Waste
  • NWP 41 – Reshaping Existing Drainage Ditches
  • NWP 45 – Repair of Uplands Damaged by Discrete Events
  • NWP 46 – Discharges in Ditches
  • NWP 49 – Coal Remining Activities
  • NWP 53 – Removal of Low-Head Dams
  • NWP 54 – Living Shorelines

 

Questions concerning implementation of the NWPs and associated Regional Conditions should be sent to LRL.RegulatoryPublicComment@usace.army.mil or you can contact Ms. Kimberly J. Simpson at (502) 315-6691.


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