On January 6, 2017, the U.S. Army Corps of Engineers (USACE) published a final rule in the Federal Register (82 FR 1860) announcing the reissuance of all existing NWPs, GCs and definitions, with some modifications. The Corps also issued two new NWPs and one new GC. Further information on USACE NWPs is available on the USACE Headquarters (HQ) website at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.
These 40 NWPs took effect on March 19, 2017, and will expire on March 18, 2022:
2017 Nationwide Permits Final Rule Federal Register Notice - 6 January 2017
2017 Nationwide Permits Final Rule Summary Chart
2017 Nationwide Permits Fact Sheet
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.
Regional Conditions for the 2017 NWPs are provided below:
2017 NWP Regional Conditions for California, excluding the Lake Tahoe Basin
2017 NWP Regional Conditions for Nevada and the Lake Tahoe Basin in California
2017 NWP Regional Conditions for Utah
2017 NWP Regional Conditions for Navajo Nation Lands in Utah
NOTE: These regional conditions only apply to the 40 NWPs issued under the 2017 final rule listed above. Sacramento District's 2021 NWP Regional Conditions only apply to the 16 NWPs that were recently reissued.
Pre-construction Notification (PCN) may be required in certain circumstances, prior to initiation of construction activities within waters of the United States. General Condition 32 of the NWPs identifies the minimum information necessary for a complete PCN. In addition, Regional Condition 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 (electronically) in one of the following formats:
1. California, Nevada, and Utah: 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.
2. Through the completion of a Department of the Army application form, ENG Form 4345 or a letter or other correspondence, with an attachment providing all information required by General Condition 32 and applicable Regional Conditions.
3. Electronic submissions should be sent to SPKRegulatoryMailbox@usace.army.mil.
If you have any questions concerning the application process, please use the same email address.
401 Water Quality Certification
Clean Water Act (CWA) Section 401 water quality certification was requested from all certifying authorities within the Sacramento District’s Area of Responsibility. This includes the states of California, Nevada, and Utah, individual tribes with certification authority, and the USEPA for all other tribal lands. The certification status of each NWP for the states of California, Nevada, and Utah are provided in the District's summary tables below. This includes the certification status of the 16 2021 NWPs that were reissued and took effect under the January 13, 2021 final rule.
401 Water Quality Certification Status of the Nationwide Permits
California 401 Summary Table
Nevada 401 Summary Table
Utah 401 Summary Table
401 certifications for the 2017 NWPs are provided below:
- 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 IX: On 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.
- 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.
- 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..