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Under the Corps' Regulatory Program, a public notice is the primary method for advising all interested parties of a proposed activity for which a permit is sought. Soliciting comments and information necessary to evaluate the probable impacts on the public interest. Public notices are also published to inform the public about new or proposed regulations, policies, guidance or permit procedures.

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Public Notice Announcing the Final 2021 Nationwide Permit (NWP) Regional Conditions for California, Nevada, and Utah.

REGULATORY DIVISION
Published Feb. 17, 2022
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Subject: On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a notice in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and issuance of 4 new NWPs. In that final rule, the Corps also reissued the NWP general conditions and definitions. Those 16 NWPs and the NWP general conditions and definitions went into effect on March 15, 2021 and will expire on March 14, 2026.

The January 13, 2021, Federal Register notice for these 16 NWPs is available for viewing at:

https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits

On December 27, 2021, the Corps published a notice in the Federal Register (86 FR 73522) announcing the reissuance of the remaining 40 existing NWPs and issuance of 1 new NWP.  Those 41 NWPs will go into effect on February 25, 2022 and will expire on March 14, 2026.

The December 27, 2021, Federal Register notice for these remaining 41 NWPs is available for viewing at:

https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-and-modification-of-nationwide-permits

The NWP general conditions and definitions in the January 13, 2021, final rule apply to all 57 NWPs. All 57 NWPs will expire on March 14, 2026.

The South Pacific Division has approved the final 2021 NWP regional conditions for the remaining 41 NWPs in California, Nevada, and Utah. These regional conditions are identical to the regional conditions for the 16 NWPs that went into effect on March 15, 2021, except for additional 401 water quality certification conditions applicable to the remaining 41 NWPs. The final 2021 NWP regional conditions for all 57 NWPs in Sacramento District consists of two lists: 

1.  Final 2021 Nationwide Permit (NWP) Regional Conditions for the State of California (attachment 1): This list contains two regional conditions and four 401 water quality certification conditions applicable to projects within the Sacramento District boundaries in California.

2.  Final 2021 Nationwide Permit (NWP) Regional Conditions for the States of Nevada and Utah (attachment 2): This list contains two regional conditions for Nevada and Utah; two 401 water quality certification conditions for Nevada; and three 401 water quality conditions for Utah.

The Final 2021 NWP (NWP) Regional Conditions for the State of California were developed by the Sacramento, Los Angeles, and San Francisco Districts. When combined with the terms and conditions of the NWPs, the final regional conditions were designed to ensure no more than minimal impacts occur to waters of the U.S. The final 2021 NWP regional conditions for California, Nevada, and Utah will take effect on February 25, 2022, and will expire on March 14, 2026.

Section 401 Water Quality Certifications (WQCs): The Sacramento District has received the following Section 401 WQCs for California, Nevada, and Utah:

  1. California:
  1. U.S. Environmental Protection Agency (USEPA), Region 9: On December 11, 2020, the USEPA, Region 9 conditionally granted certification for NWP 43, and denied certification for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, and expressly waived certification for NWPs 4, 15, 16, 17, 21, 22, 30, 34, 48, 49, 50, 52, 53, and 54 for activities on applicable tribal lands within USEPA’s Region 9 boundaries in the State of California.
  1.  U.S. Environmental Protection Agency (USEPA), Region 9: October 12, 2021, the USEPA, Region 9 conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 18, 19, 20, 23, 25, 27, 31, 32, 33, 36, 37, 38, 41, 45, 46, and 59 for activities on applicable tribal lands within USEPA’s Region 9 boundaries in the State of California.
  1. California State Water Resources Control Board (SWRQB): On October 12, 2021, the SWRCB conditionally granted certification for NWPs 1, 3a, 4, 5, 6, 9, 10, 11, 14, 20, 22, 28, 32, 36, and 54, and denied certification for NWPs 2, 3b, 3c, 7, 8, 13, 15, 16, 17, 18, 19, 23, 24, 25, 27, 30, 31, 33, 34, 35, 37, 38, 41, 45, 46, 49, 53, and 59 for activities on non-tribal lands in the State of California.
  1. Kletsel Dehe Wintun Nation: On October 11, 2021, Kletsel Dehe Wintun Nation conditionally granted certification for NWPs 4, 5, 7, 14, 15, 16, 17, 19, 20, 22, 23, 25, 27, 30, 31, 32, 33, 34, 36, 37, 41, 45, 46, 49, 53, 54, and 59; and denied certification for NWPs 3, 6, 13, 18, and 38 for activities on Kletsel Dehe Wintun Nation lands in the State of California.
  1.  Nevada:
  1. U.S. Environmental Protection Agency (USEPA), Region 9: On December 11, 2020, the USEPA, Region 9 conditionally granted certification for NWP 43, and denied certification for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, and expressly waived certification for NWPs 4, 15, 16, 17, 21, 22, 30, 34, 48, 49, 50, 52, 53, and 54 for activities on applicable tribal lands within USEPA’s Region 9 boundaries in the State of Nevada.
  1. U.S. Environmental Protection Agency (USEPA), Region 9: October 12, 2021, the USEPA, Region 9 conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 18, 19, 20, 23, 25, 27, 31, 32, 33, 36, 37, 38, 41, 45, 46, and 59 for activities on tribal lands within USEPA’s Region 9 boundaries in the State of Nevada.
  1. Utah:
  1. U.S. Environmental Protection Agency (USEPA), Region 8: On December 12, 2020, UESPA, Region 8, denied certification for NWPs 12, 16, 17, 21, 29, 34, 39, 40, 42, 43, 44, 49, 50, 51, 52, 53, 57, and 58, and expressly waived certification for NWPs 4, 22, 48, and 54 for activities on applicable tribal land within USEPA’s Region 8 coverage area in the State of Utah.
  1. U.S. Environmental Protection Agency (USEPA), Region 8: On October 12, 2021, the USEPA, Region 8 conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 15, 18, 19, 20, 22, 23, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 51, 52, 53, 57, 58, and 59 for activities on applicable tribal land within USEPA’s Region 8 coverage area in the State of Utah.
  1. Utah Division of Water Quality, Department of Environmental Quality (UT DEQ): On December 8, 2020, UT DEQ conditionally granted certification for all NWPs and denied certification for any NWP activity involving “dam maintenance/rehabilitation or reservoir dewatering” for activities on non-tribal lands within the State of Utah.
  1. Ute Mountain Ute Tribe (UMUT): On December 14, 2020, the UMUT conditionally granted certification for NWPs 3, 5, 6, 7, 13, 14, 15, 18, 19, 20, 23, 25, 27, 30, 31, 32, 33, 36, 38, 41, 43, 45, 46, 57 and 59, denied certification for NWPs 12, 16, 17, 21, 24, 29, 34, 37, 39, 40, 42, 44, 49, 50, 51, 52, 53, and 58, and expressly waived certification for NWPs 4, 22, 48, and 54 for activities on UMUT lands in the State of Utah.

No responses were received from the Yerington Paiute Tribe of Nevada, Walker River Paiute Tribe, Shoshone-Paiute Tribes of the Duck Valley Reservation, or the Confederate Tribe of the Goshute Reservation within the reasonable period of time. Therefore, 401 certification is waived. There is no requirement to obtain individual 401 certification for any 2021 NWP activity within these certifying authorities’ areas of responsibility.

Pre-Construction Notification: In order to facilitate the information required for the submittal of a complete Pre-Construction Notification (PCN) as identified in NWP General Condition 32, the attached ENG Form 6082 (attachment 3) with instructions is provided.

Information on the 2021 NWPs, including attachments to this Public Notice, may be found on the Sacramento District’s website at: http://www.spk.usace.army.mil/Missions/Regulatory/Permitting/Nationwide-Permits/

If you have any questions, please contact Ms. Leah Fisher at our Special Projects Branch, Regulatory Division, U.S. Army Corps of Engineers, 1325 J Street, Room 1350, Sacramento, California 95814-2922, by email at Leah.M.Fisher@usace.army.mil, or telephone at (916) 557-6639.

Attachments:
Attachment 1 - Final 2021 NWP Regional Conditions for the State of California

Attachment 2 - Final 2021 NWP Regional Conditions for the States of Nevada and Utah

Attachment 3 - ENG Form 6082, OCT 2019


Related Story: Attachment 1 - Final 2021 NWP Regional Conditions for the State of California
Related Story: Attachment 2 - Final 2021 NWP Regional Conditions for the States of Nevada and Utah
Related Story: Attachment 3 - ENG Form 6082, OCT 2019
regional conditions
Nationwide permits
2021 Nationwide Permit Regional Conditions