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2017 Nationwide Permits

Nationwide permits (NWPs) are general permits issued on a nationwide basis to streamline the Department of the Army (DA) authorization of activities that result in minimal individual and cumulative adverse effects on the aquatic environment.  In order to qualify for the use of a NWP, perspective permittees must comply with all of the terms, general conditions (GCs), and regional conditions (RCs) of the NWP, including any requirements for the submittal of a pre-construction notification (PCN).  Many of the NWPs, GCs and RCs require the submittal of a PCN before commencing the work, to ensure that activities authorized by those NWPs have minimal individual and cumulative adverse effects on the aquatic environment.  If the proposed activity complies with the terms, GCs and RCs of the NWP, a DA NWP verification letter will be sent to the prospective permittee.  The NWP verification letter may include additional case specific conditions Special Conditions (SC) to ensure the activity will not result in no more than minimal individual and cumulative adverse effects. The verification letter will indicate the specific period of time that the verification is valid, which is generally until the NWPs expire (i.e. March 18, 2022), unless the NWP authorization is modified, suspended, or revoked.  Per regulation, the NWPs must be reissued every five years.  The reissuance process involves a full interagency and public interest review.  

 

Grandfathering Provision for Expiring NWPs

     

      For any activities authorized under the 2012 NWPs, that have commenced or are under contract to commence by March 18, 2017, the permittee will have one year (i.e. until March 18, 2018), to complete those activities subject to the terms, GCs, and RCs of the 2012 NWPs (see 33 CFR 220.6(b)).  Activities previously authorized under the 2012 NWPs that have not commenced or are not under contract to commence by March 18, 2017, will require re-authorization under the 2017 NWPs, provided those activities still comply with the terms, GCs, and RCs of the 2017 NWPs.  If those activities no longer qualify for NWP authorization because they do not meet the terms and conditions of the 2017 NWPs (including any RCs imposed by Division Engineer), the prospective permittee will need to obtain an individual permit (Letter of Permission or Standard Permit or seek authorization under a Regional or Programmatic General Permit) if available. 

 

2017 Nationwide Permit Reissuance

 

On January 6, 2017, the Corps published the notice in the Federal Register announcing the reissuance of all existing NWPs, GCs and definitions, with some modifications.  The Corps also issued two new NWPs and one new GC.  The NWPs took effect on March 19, 2017, and will expire on March 18, 2022. 

 

The Federal Register notice can be found here

 

A list of each NWP and applicable GCs and RCs will be found at the module below called 2017 Information Sheets.

 

Regional Conditions (RCs)

 

General Condition 27 of the NWPs requires that the activity comply with any RCs that may have been added by the Division Engineer (see 33 CFR 330.4(e)).  The South Pacific Division has approved the final Sacramento District RCs for California, Nevada, and Utah; and has approved the final Albuquerque District RCs for the portion of Colorado located within the Sacramento District boundaries. 

 

California, Nevada and Utah

 

On March 23, 2017, the Sacramento District published a Public Notice announcing the final RCs for the 2017 NWPs for California, Nevada, and Utah.  The RCs contain joint RCs developed among the Sacramento, Los Angeles, and San Francisco Districts.  The Public Notice can be found here. The final RCs consist of three lists:

 

      1.   Final Sacramento District Nationwide Permit Regional Conditions for California, excluding the Lake Tahoe Basin:  This list consists of 23 consolidated Regional Conditions for activities within the Sacramento District boundaries in California, excluding the Lake Tahoe Basin.  The District has determined that it is appropriate to revoke the use of certain NWPs for activities located in the Primary and Secondary Zones of the Legal Delta (RC A(1)), the Mather Core Recovery Area (RC A(2)), and histosols, fens, bogs, peatlands, and wetlands contiguous with fens (RC A(3)).  The District has imposed additional restrictions on specific activities, to ensure no more than minor individual and cumulative impacts would occur to the aquatic environment, including additional requirements for the submittal of a PCN. 

     

2.   Final Sacramento District Nationwide Permit Regional Conditions for Nevada and the Lake Tahoe Basin in California This list consists of 23 consolidated Regional Conditions for activities within Nevada and the Lake Tahoe Basin in California.  The District has determined that it is appropriate to revoke the use of certain NWPs for activities within histosols, fens, bogs, peatlands, and wetlands contiguous with fens (RC A(1)).  This District has also determined it is appropriate to revoke all NWPs for activities waterward of the ordinary high water mark of Lake Tahoe at elevation 6,229.1 feet (Lake Tahoe Datum) upon issuance of the Regional General Permit for Routine Minimally Impacting Projects within Lake Tahoe (RC A(2)).  The District has imposed additional restrictions on specific activities, to ensure no more than minor individual and cumulative impacts would occur to the aquatic environment, including additional requirements for the submittal of a PCN.

 

3.   Final Sacramento District Nationwide Permit Regional Conditions for Utah This list consists of 22 consolidated Regional Conditions for activities within the State of Utah.  The District has determined that it is appropriate to revoke the use of certain NWPs for activities within histosols, fens, bogs, peatlands, and wetlands contiguous with fens (RC A(1)).  The District has imposed additional restrictions on specific activities, to ensure no more than minor individual and cumulative impacts would occur to the aquatic environment, including additional requirements for the submittal of a PCN.

 

Colorado

 

On March 17, 2017, the Albuquerque District published a Public Notice announcing the final RCs for the 2017 NWPs for Colorado, including the portion of Colorado located within the Sacramento District boundaries.  The Public Notice can be found here.  The 2017 Regional Conditions to Nationwide Permits in the State of Colorado consists of 8 RCs and includes the revocation of certain NWP activities within fens. It also includes additional restrictions on specific activities, to ensure no more than minor individual and cumulative impacts would occur to the aquatic environment, and additional requirements for the submittal of a PCN.  The Regional Conditions for Colorado can be found here.

 

Pre-Construction Notifications

 

The terms and conditions of the NWPs include requirements for the submittal of a PCN in certain circumstances, and the RCs for Sacramento and Albuquerque District require the submittal of a PCN prior to initiation of construction activities within waters of the U.S.  GC 31 of the NWPs identifies the minimum information necessary for a complete PCN.  In addition, RC B(1) for California, Nevada, and Utah, identifies additional information required for a complete PCN in the Sacramento District boundaries of California, Nevada, and Utah.  A PCN may be submitted in one of the following formats:

 

      1.   California, Nevada, and Utah: 

 

            a.   Through the completion of the South Pacific Division Pre-construction Notification Checklist (SPD PCN Checklist), with Attachment 3, or other information demonstrating compliance with all applicable Regional Conditions. 

 

             b.   Through the completion of a Department of the Army application form, ENG Form 4345, found here, with an attachment providing information regarding compliance with all of the GCs and RCs.

 

      2.   Colorado:

 

            a.   Through the completion of the SPD PCN Checklist.

             b.   Through the completion of a Department of the Army application form, ENG Form 4345, found here, with an attachment providing all information required by GC 32 and applicable RCs.

 

            c.   Through a letter  or other correspondence, containing information required by GC 32 and applicable RCs.

 

Section 401 Water Quality Certifications

 

For any activity that may result in a discharge of a pollutant into waters of the U.S., prospective permittees must obtain a Section 401 Certification, or waiver thereof, from the appropriate State, authorized Tribe, or the Environmental Protection Agency (EPA) for activities located on tribal lands in which a tribe does not have Section 401 Certification authority.  Section 401 Certification, or waiver, is required prior to the commencement of any activity under a NWP.  In accordance with GC 25, where States and authorized Tribes, or EPA have not previously certified compliance of an NWP with Section 401 of the Clean Water Act, individual 401 Water Quality Certification must be obtained or waived (see 44 CFR 330.4(c)).  The terms and conditions of individual 401 Water Quality Certifications are incorporated into the NWP verification by becoming a Special Condition.  The following Section 401 Water Quality Certifications have been received for the 2017 NWPs:

 

California

  • California State Water Resources Control Board (SWRCB): On March 17, 2017, the SWRCB issued a Section 401 WQC certifying 14 NWPs (NWPs 1, 4, 5, 6, 9, 10, 11, 12, 20, 22, 28, 32, 36, and 54) with conditions, and denying 38 NWPs (NWPs 2, 3, 7, 8, 13-19, 21, 23, 24, 25, 27, 29-31, 33-35, 37-46, and 48-53).  NWPs 5, 6, 23, 33, 38, 43, 46, and 54 require notification and reporting requirements.  For all NWPs that have been denied, individual Section 401 WQC is required.
  • U.S.  Environmental Protection Agency (USEPA), Region IXOn February 27, 2017, the U.S.  Environmental Protection Agency (USEPA), Region IX certified 51 NWPs with conditions, and denied one NWP (NWP 43) for activities on tribal lands in California and Nevada.  All of the NWPs that have been certified require the submittal of a PCN or Modified PCN to USEPA, Region IX.  For NWP 43, individual Section 401 WQC is required

Colorado

  • USEPA, Region 8On March 3, 2017, the USEPA, Region 8, certified 11 NWPs with conditions (NWPs 3, 5, 6, 11, 19, 23, 25, 28, 30, 32, and 35), and denied 41 NWPs, all NWPs granted waivers on limits, all “after-the-fact” NWPs, and all provisional NWPs.  For all NWPs that have been certified, the applicant must notify USEPA Regional 8 and the Tribal Environmental Program of the use of all NWPs prior to the commencement of the activity.  For all NWPs that have been denied, individual Section 401 WQC is required.
  • Ute Mountain Ute TribeOn March 3, 2017, the Ute Mountain Ute Tribe denied Section 401 WQC for their Tribal lands in Colorado, New Mexico, and Utah.  Individual Section 401 WQC is required for all activities on all Ute Mountain Ute Tribe lands.

Nevada

  • Nevada Division of Environmental Protection, Bureau of Water Quality Planning (NDEP-BWQP) :  On February 28, 2017, NDEP-BWQP waived 8 NWPs (NWPs 8, 10, 21, 24, 34, 48, 49, and 50), certified 12 NWPs (NWPs 1, 4, 5, 6, 9, 11, 20, 22, 28, 30, 32, and 38), and denied 32 NWPs (NWPs 2, 3, 7, 12-19, 23, 25, 27, 29, 31, 33, 35-37, 39, 40-46, and 51-54) from the NDEP.  For the NWPs that have been certified, a signed 401 application is required to be submitted to the NDEP-BWQP.  For all NWPs that have been denied, individual Section 401 WQC is required.
  • USEPA, Region IX:  On February 27, 2017, the USEPA, Region IX certified 51 NWPs with conditions, and denied one NWP (NWP 43) for activities on tribal lands in California and Nevada.  All of the NWPs that have been certified require the submittal of a PCN or Modified PCN to USEPA, Region IX.  For NWP 43, individual Section 401 WQC is required.

Utah

  •  USEPA Region 8:  On March 3, 2017, the USEPA, Region 8, certified 11 NWPs with conditions (NWPs 3, 5, 6, 11, 19, 23, 25, 28, 30, 32, and 35), and denied 41 NWPs, all NWPs granted waivers on limits, all “after-the-fact” NWPs, and all provisional NWPs.  For all NWPs that have been certified, the applicant must notify USEPA Regional 8 and the Tribal Environmental Program of the use of all NWPs prior to the commencement of the activity.  For all NWPs that have been denied, individual Section 401 WQC is required.
  • Utah Department of Environmental Quality, Division of Water Quality (DWQ):  On March 9, 2017, Utah DWQ certified all NWPs with conditions.  For all activities within 500 feet of the existing water’s edge of the Great Sale Lake, Utah Lake, and Bear Lake, and for all activities proposed under NWPs 3, 17, and 37, the applicant is required to submit a notification to DWQs Director.  
  • Navajo Nation:  On March 6, 2017, the Navajo Nation denied Section 401 WQC for their tribal lands in Arizona, New Mexico, and Utah.  Individual Section 401 WQC is required for all activities on Navajo Nation lands.
  • Ute Mountain Ute Tribe:  On March 3, 2017, the Ute Mountain Ute Tribe denied Section 401 WQC for their Tribal lands in Colorado, New Mexico, and Utah.  Individual Section 401 WQC is required for all activities on all Ute Mountain Ute Tribe lands.

Commencement of Construction of Activities Under a NWP

 

If a PCN is required by the terms, GCs, or RCs of the NWP, the prospective permittee may not begin construction of an activity under a NWP until either: (1) he or she is notified in writing by the District that the activity may proceed under the NWP with any special conditions imposed; or (2) 45 calendar days have passed from the District’s receipt of the complete PCN and the prospective permittee has not received written notice from the District.  However, the 45 calendar day limit does not apply in the following circumstances:

 

  1. If the permittee is required to submit a PCN pursuant to GC18 that listed species or critical habitat might be affected or in the vicinity of the project, or to submit a PCN pursuant to GC 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (ESA) and/or Section 106 of the National Historic Preservation Act (NHPA) has been completed (See Compliance with Section 7 of the ESA and Section 106 of the NHPA below for additional information). 
  2. No work may begin under NWPs 21, 49 or 50 until the permittee has received written approval from the Corps.  
  3. If the proposed activity requires a written waiver to exceed specified limits of a NWP, the permittee may not begin the activity until the District issues the wavier.
  4. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. 

Compliance with Section 7 of the ESA and Section 106 of the NHPA

 

Section 7 of the ESA

 

No activity is authorized by any NWP if that activity is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing under the Federal ESA, or to destroy or adversely modify the critical habitat of such species. 

 

Federal Permittees

 

Federal permittees should follow their own procedures for complying with Section 7 of the ESA.  GC 18 requires federal permittees to provide the District with appropriate documentation to demonstrate compliance with those requirements.  The District will review the documentation submitted by the federal permittee and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary.  In addition, the Sacramento District RCs for California, Nevada, and Utah, requires that, for activities in which the District designates another federal agency as the lead for compliance with Section 7 of the ESA, the lead federal agency shall provide all relevant documentation to the District demonstrating previous consultation efforts, as it pertains to the Regulatory permit area.  This information would be submitted with the PCN for the project.  In order to expedite the NWP verification process, the Sacramento District encourages federal permittees to coordinate with the District prior to initiating Section 7 consultation, so that the District can designate the agency as the lead agency for compliance with ESA and to ensure that any consultation efforts include the Regulatory permit area.

 

Non-Federal Permittees

 

GC 18 requires that non-federal permittees submit a PCN to the District if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and the permittee shall not begin work on the activity until notified by the District that the requirements of the ESA have been satisfied and the activity is authorized.  For activities that might affect Federally-listed endangered or threatened species or their designated critical habitat, the PCN must include the names(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work.  The District will notify the non-federal applicant of the Corps’ effect determination within 45 days of receipt of a complete PCN. If the District determines that the activity may affect Federally-listed species or critical habitat, the District must initiate Section 7 consultation in accordance with the ESA.  The District cannot verify the proposed work meets the terms and conditions of the NWP until such time consultation is completed.  As a result of formal or informal consultation with the U.S.  Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) under Section 7 of the ESA, the District may add special conditions to the NWP verification.  

 

For additional information on the requirements of the Federal ESA, including specific information required to initiate consultation with the USFWS and/or NMFS, click here.

 

Section 106 of the NHPA

 

No activity which may affect properties listed, or properties eligible for listing, in the National Register of Historic Places, is authorized until the District has complied with the provisions of 33 CFR 325, Appendix C, and the requirements of Section 106 of the NHPA have been satisfied.

 

Federal Permittees

 

Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the NHPA.  General Condition 20 requires that federal permittees provide the District with the appropriate documentation to demonstrate compliance with those requirements.  The District will review the documentation submitted by the federal permittee and determine whether it is sufficient to address NHPA compliance for the proposed NWP activity, or whether additional NHPA consultation is necessary.  In addition, the Sacramento District regional conditions for California, Nevada, and Utah, requires that, for activities in which the District designates another federal agency as the lead for compliance with Section 106 of the NHPA, the lead federal agency shall provide all relevant documentation to the District demonstrating previous consultation efforts, as it pertains to the Regulatory area of potential effect (APE).  This information would be submitted with the PCN for the project.  In order to expedite the NWP verification process, the Sacramento District encourages federal permittees to coordinate with the District prior to initiating Section 106 consultation, so that the District can designate the agency as the lead agency for compliance with the NHPA and to ensure that any consultation efforts include the Regulatory APE.

 

Non-federal Permittees

 

General Condition 20 requires that non-federal permittees submit a PCN to the District if the proposed activity has the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Place, including previously unidentified properties.  The non-federal permittee shall not begin any work on the activity until notified by the District that the requirements of the NHPA have been satisfied and the activity is authorized.  For such activities, the PCN must state which historic properties may be affect by the proposed work, or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.  Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer (SHPO), or Tribal Historic Preservation Officer (THPO), as appropriate, and the National Register of Historic Places.  If the District determines that the proposed activity has the potential to affect historic properties, the District will consult with the SHPO and/or THPO under Section 106 of the NHPA.  The District will notify the prospective permittee within 45 days of a complete PCN whether NHPA Section 106 consultation is required.  The District cannot verify the proposed work meets the terms and conditions of the NWP until such time consultation is complete.  If the activity would result in an adverse effect to a historic property, the District would coordinate with the SHPO and/or THPO to seek ways to avoid or minimize effects to the affected historic property.  The results of the consultation may be added as a special condition to the NWP verification.

 

For additional information on the requirements of the NHPA, including the information required to initiate consultation with the SHPO and/or THPO, click here.

 

Additional Information

 

Frequently Asked Questions for the Nationwide Permit Program

 

NWP Process Flowchart

 

Information Required for a Complete PCN in California, Nevada, and Utah

 

Information Required for a Complete PCN in Colorado

 

 

Nationwide Information Sheets

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The placement of aids to navigation and regulatory markers which are approved by and installed in accordance with the requirements of the U.S. Coast Guard
Structures constructed in artificial canals within principally residential developments where the connection of the canal to a navigable water of the United States has been previously authorized
The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification.
Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, fish aggregating devices, and small fish attraction devices such as open water fish concentrators (sea kites, etc.). This NWP does not authorize artificial reefs or impoundments and semi-impoundments of waters of the United States for the culture or holding of motile species such as lobster, or the use of covered oyster trays or clam racks.
Devices, whose purpose is to measure and record scientific data, such as staff gages, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and similar structures. Small weirs and flumes constructed primarily to record water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards. Upon completion of the use of the device to measure and record scientific data, the measuring device and any other structures or fills associated with that device (e.g., foundations, anchors, buoys, lines, etc.) must be removed to the maximum extent practicable and the site restored to preconstruction elevations.
Survey activities, such as core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory-type bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for wetland delineations, and historic resources surveys.
Activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the Clean Water Act). The construction of intake structures is not authorized by this NWP, unless they are directly associated with an authorized outfall structure.
Structures, buoys, floats and other devices placed within anchorage or fleeting areas to facilitate moorage of vessels where the U.S. Coast Guard has established such areas for that purpose
Non-commercial, single-boat, mooring buoys.
Temporary buoys, markers, small floating docks, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use, provided that such structures are removed within 30 days after use has been discontinued. At Corps of Engineers reservoirs, the reservoir manager must approve each buoy or marker individually.
Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project.
Bank stabilization activities necessary for erosion prevention, provided the activity meets specific criteria (see full text)
Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States, including wetlands, if the activity meets the criteria. (see full text)
Discharges of dredged or fill material incidental to the construction of a bridge across navigable waters of the United States, including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills, provided the construction of the bridge structure has been authorized by the U.S. Coast Guard under Section 9 of the Rivers and Harbors Act of 1899 and other applicable laws. Causeways and approach fills are not included in this NWP and will require a separate section 404 permit.
Discharges of dredged or fill material incidental to the construction of a bridge across navigable waters of the United States, including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills, provided the construction of the bridge structure has been authorized by the U.S. Coast Guard under section 9 of the Rivers and Harbors Act of 1899 or other applicable laws. Causeways and approach fills are not included in this NWP and will require a separate section
Discharges of dredged or fill material associated with hydropower projects having: (a) Less than 5000 kW of total generating capacity at existing reservoirs, where the project, including the fill, is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended; or (b) a licensing exemption granted by the FERC pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power Act, as amended.
Minor discharges of dredged or fill material into all waters of the United States, provided the activity meets all of the criteria. (see full text)
Dredging of no more than 25 cubic yards below the plane of the ordinary high water mark or the mean high water mark from navigable waters of the United States (i.e., section 10 waters). This NWP does not authorize the dredging or degradation through siltation of coral reefs, sites that support submerged aquatic vegetation (including sites where submerged aquatic vegetation is documented to exist but may not be present in a given year), anadromous fish spawning areas, or wetlands, or the connection of canals or other artificial waterways to navigable waters of the United States (see 33 CFR 322.5(g)).
Activities conducted in response to a discharge or release of oil and hazardous substances that are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR part 300) including containment, cleanup, and mitigation efforts, provided that the activities are done under . . . (see full text)
Discharges of dredged or fill material into waters of the United States associated with surface coal mining and reclamation operations. (a) Previously Authorized Surface Coal Mining Activities. Surface coal mining activities that were previously authorized by the NWP 21 issued on March 12, 2007 (see 72 FR 11092), are authorized by this NWP, provided the criteria are met. (see full text)
Temporary structures or minor discharges of dredged or fill material required for the removal of wrecked, abandoned, or disabled vessels, or the removal of man-made obstructions to navigation. This NWP does not authorize maintenance dredging, shoal removal, or riverbank snagging.
Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department where . . . (see full text)
Discharges of material such as concrete, sand, rock, etc., into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as bridges, transmission line footings, and walkways, or for general navigation, such as mooring cells, including the excavation of bottom material from within the form prior to the discharge of concrete, sand, rock, etc. This NWP does not authorize filled structural members that would support buildings, building pads, homes, house pads, parking areas, storage areas and other such structures. The structure itself may require a separate section 10 permit if located in navigable waters of the United States.
Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services.
Reconfiguration of existing docking facilities within an authorized marina area. No dredging, additional slips, dock spaces, or expansion of any kind within waters of the United States is authorized by this NWP.
Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision.
Discharges of dredged or fill material into non-tidal waters of the United States and maintenance activities that are associated with moist soil management for wildlife for the purpose of continuing ongoing, site-specific, wildlife management activities where soil manipulation is used to manage habitat and feeding areas for wildlife. Such activities include, but are not limited to, plowing or discing to impede succession, preparing seed beds, or establishing fire breaks. Sufficient riparian areas must be maintained adjacent to all open water bodies, including streams, to preclude water quality degradation due to erosion and sedimentation. This NWP does not authorize the construction of new dikes, roads, water control structures, or similar features associated with the management areas. The activity must not result in a net loss of aquatic resource functions and services. This NWP does not authorize the conversion of wetlands to uplands, impoundments, or other open water bodies.
Discharges of dredged or fill material resulting from activities associated with the maintenance of existing flood control facilities, including debris basins, retention/detention basins, levees, and channels that: (see full text)
Any structure, work, or discharge of dredged or fill material remaining in place or undertaken for mitigation, restoration, or environmental benefit in compliance with either . . .(see full text)
Temporary structures, work, and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. (see full text)
Discharges of dredged or fill material for dikes, berms, pumps, water control structures or leveling of cranberry beds associated with expansion, enhancement, or modification activities at existing cranberry production operations (see full text)
Excavation and removal of accumulated sediment for maintenance of existing marina basins, access channels to marinas or boat slips, and boat slips to previously authorized depths or controlling depths for ingress/egress, whichever is less, provided the dredged material is deposited at an area that has no waters of the United States site and proper siltation controls are used
Activities required for the construction of boat ramps, provided the activity meets specific criteria (see full text)
Work done by or funded by:
(a) The Natural Resources Conservation Service for a situation requiring immediate action under its emergency Watershed Protection Program (7 CFR part 624);
(b) The U.S. Forest Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 2509.13);
(c) The Department of the Interior for wildland fire management burned area emergency stabilization and rehabilitation (DOI Manual part 620, Ch. 3);
(d) The Office of Surface Mining, or states with approved programs, for abandoned mine land reclamation activities under Title IV of the Surface Mining Control and Reclamation Act (30 CFR Subchapter R), where the activity does not involve coal extraction; or
(e) The Farm Service Agency under its Emergency Conservation Program (7 CFR part 701). In general, the prospective permittee should wait until the district engineer issues an NWP verification or 45 calendar days have passed before proceeding with thewatershed
protection and rehabilitation activity. However, in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur, the emergency watershed protection and rehabilitation activity may proceed immediately and the district engineer will consider the information in the pre-construction notification and any comments received as a result of agency coordination to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
Specific activities required to effect the containment, stabilization, or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with established legal or regulatory authority. Court ordered remedial action plans or related settlements are also authorized by this NWP. This NWP does not authorize the establishment of new disposal sites or the expansion of existing sites used for the disposal of hazardous or toxic waste.
Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. Attendant features may include, but are not limited to, roads, parking lots, garages, yards, utility lines, storm water management facilities, and recreation facilities such as playgrounds and playing fields (see full text)
Discharges of dredged or fill material into non-tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings. (see full text)
Discharges of dredged or fill material into nontidal waters of the United States, excluding non-tidal wetlands adjacent to tidal waters, to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in waters of the United States, for the purpose of improving water quality by regrading the drainage ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation. (see full text)
Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of recreational facilities. Examples of recreational facilities that may be authorized by this NWP include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, hiking trails, bike paths, golf courses, ski areas, horse paths, nature centers, and campgrounds (excluding recreational vehicle parks). (see full text)
Discharges of dredged or fill material into nontidal waters of the United States for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities; the construction of water control structures, outfall structures and emergency spillways; and the construction of low impact development integrated management features such as bioretention facilities (e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration trenches. (see full text)
Discharges of dredged or fill material into non-tidal waters of the United States for mining activities, except for coal mining activities, provided the activity meets all of the criteria of the NWP:

This NWP authorizes discharges of dredged or fill material, including dredging or excavation, into all waters of the United States for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events. This NWP authorizes bank stabilization to protect the restored uplands. The restoration of the damaged areas, including any bank stabilization, must not exceed the contours, or ordinary high water mark, that existed before the damage occurred. The district engineer retains the right to determine the extent of the pre-existing conditions and the extent of any restoration work authorized by this NWP. The work must commence, or be under contract to commence, within two years of the date of damage, unless this condition is waived in writing by the district engineer. This NWP cannot be used to reclaim lands lost to normal erosion processes over an extended period.

This NWP does not authorize beach restoration or nourishment.

Minor dredging is limited to the amount necessary to restore the damaged upland area and should not significantly alter the pre-existing bottom contours of the waterbody.

Discharges of dredged or fill material into non-tidal ditches that are:

(1) Constructed in uplands,
(2) receive water from an area determined to be a water of the United States prior to the construction of the ditch,
(3) divert water to an area determined to be a water of the United States prior to the construction of the ditch, and
(4) determined to be waters of the United States.

The discharge must not cause the loss of greater than one acre of waters of the United States. This NWP does not authorize discharges of dredged or fill material into ditches constructed in streams or other waters of the United States, or in streams that have been relocated in uplands. This NWP does not authorize discharges of dredged or fill material that increase the capacity of the ditch and drain those areas determined to be waters of the United States prior to construction of the ditch.

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Discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States necessary for new and continuing commercial shellfish aquaculture operations in authorized project areas. For the purposes of this NWP, the project area is the area in which the operator is authorized to conduct commercial shellfish aquaculture activities, as identified through a lease or permit issued by an appropriate state or local government agency, a treaty, or any easement, lease, deed, contract, or other legally binding agreement that establishes an enforceable property interest for the operator. A ‘‘new commercial shellfish aquaculture operation’’ is an operation in a project area where commercial shellfish aquaculture activities have not been conducted during the past 100 years. (See complete text).
Discharges of dredged or fill material into non-tidal waters of the United States associated with the remining and reclamation of lands that were previously mined for coal.  (see text).
Discharges of dredged or fill material into nontidal waters of the United States associated with underground coal mining and reclamation operations provided the activities are authorized, or are currently being processed as part of an integrated permit processing procedure, by the Department of Interior, Office of Surface Mining Reclamation and Enforcement, or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977. (see text).

Discharges of dredged or fill material into non-tidal waters of the United States for the construction, expansion, or modification of land-based renewable energy production facilities, including attendant features. Such facilities include infrastructure to collect solar (concentrating solar power and photovoltaic), wind, biomass, or geothermal energy. Attendant features may include, but are not limited to roads, parking lots, and stormwater management facilities within the landbased renewable energy generation facility.

The discharge must not cause the loss of greater than 1⁄2-acre of non-tidal waters of the United States. The discharge must not cause the loss of more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects. The loss of stream bed plus any other losses of jurisdictional wetlands and waters caused by the NWP activity cannot exceed 1⁄2-acre. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters.

Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction, expansion, modification, or removal of water-based wind, water-based solar, wave energy, or hydrokinetic renewable energy generation pilot projects and their attendant features. Attendant features may include, but are not limited to, land-based collection and distribution facilities, control facilities, roads, parking lots, and stormwater management facilities.  (see text).
Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States associated with the removal of low-head dams.  (see text).
Structures and work in navigable waters of the United States and discharges of dredged or fill material into waters of the United States for the construction and maintenance of living shorelines to stabilize banks and shores in coastal waters, which includes the Great Lakes, along shores with small fetch and gentle slopes that are subject to low- to mid-energy waves. A living shoreline has a footprint that is made up mostly of native material. It incorporates vegetation or other living, natural ‘‘soft’’ elements alone or in combination with some type of harder shoreline structure (e.g., oyster or mussel reefs or rock sills) for added protection and stability. Living shorelines should maintain the natural continuity of the land-water interface, and retain or enhance shoreline ecological processes. Living shorelines must have a substantial biological component, either tidal or lacustrine fringe wetlands or oyster or mussel reef structures. (see text).