2021 Nationwide Permits

On January 13, 2021, the U.S. Army Corps of Engineers (USACE) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing Nationwide Permits (NWPs) and issuance of four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications.  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 16 NWPs took effect on March 15, 2021, and will expire on March 14, 2026: 

Resources

2021 Nationwide Permits Final Rule Federal Register Notice - 13 January 2021
2021 Nationwide Permits Final Rule Summary Chart
2021 Nationwide Permits Fact Sheet

Sacramento District Regional Conditions

On March 5, 2021, the Sacramento District published a Public Notice announcing the final RCs for the 2021 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 2021 NWPs are provided below:

2021 NWP Regional Conditions for California
2021 NWP Regional Conditions for Nevada and Utah
NOTE: These regional conditions only apply to the 16 NWPs issued under the 2021 final rule listed above. Sacramento District's 2017 NWP Regional Conditions continue to apply to the other 40 NWPs that were not 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.  A PCN may be submitted (electronically) through the completion of a Department of the Army application form, ENG Form 6082, with an attachment providing all information required by General Condition 32 and applicable Regional Conditions. (NOTE: Internet Explorer is recommended for viewing. If you receive an error message regarding your PDF viewer, right click the "Application Form" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat)

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 40 2017 NWPs that were not reissued and remain in effect under the January 7, 2017 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 2021 NWPs are provided below:

California

  • California State Water Resources Control Board (SWRCB): On December 9, 2020, the SWRCB conditionally granted certification for NWPs 12, 57, and 58, and denied certification for NWPs 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52. However, Finding 5 of the General Order does not comply with the requirements of Section 401 of the Clean Water Act or with 40 CFR Part 121. As a result, the certification is not valid. Individual 401 WQC, or waiver thereof, is required for all 2021 NWP activities on non-tribal land in California.
  • U.S.  Environmental Protection Agency (USEPA), Region IX:  On December 11, 2020, the USEPA, Region 9 conditionally granted certification for NWP 43, denied certification for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, and expressly waived certification for NWPs 21, 48, 50, and 52 for activities on applicable tribal land within USEPAs Region 9 coverage area in California. Based on the information provided, the denial meets the requirements of 40 CFR 121.7(e)(2) and the conditions meet the requirements of 40 CFR 121.7(d)(2). For NWP 43, 401 WQC is granted with conditions, and for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, individual 401 WQC, or waiver thereof, is required on applicable tribal land within USEPAs Region 9 coverage area in California.
  • Kletsel Dehe Wintun Nation: On October 30, 2020, the Kletsel Dehe Wintun Nation denied 401 WQC for all NWPs. However, the tribe did not provide the information required in 40 CFR 121.7(e)(2). Thus, certification is waived. There is no requirement to obtain individual 401 certification for any 2021 NWP activity on Kletsel Dehe Wintun Nation reservation land in California.

Nevada

  • Nevada Division of Environmental Protection (NDEP): On December 11, 2020, the NDEP conditionally granted certification for NWPs 12, 29, 39, 40, 42, 43, 44, 51, 52, 57, and 58, and expressly waived certification for NWPs 21, 48, and 50. NDEP did not deny certification for any NWPs. However, General Conditions 1, 3, 4, 18, and Special Condition 1 do not comply with the requirements of Section 401 of the Clean Water Act or with 40 CFR Part 121. As a result, the certification is not valid. Individual 401 WQC, or waiver thereof, is required for all 2021 NWP activities on non-tribal land in Nevada.
  • U.S. Environmental Protection Agency (USEPA), Region 9: On December 11, 2020, the USEPA, Region 9 conditionally granted certification for NWP 43, denied certification for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, and expressly waived certification for NWPs 21, 48, 50, and 52 for activities on applicable tribal lands within USEPAs Region 9 coverage area in Nevada. Based on the information provided, the denial meets the requirements of 40 CFR 121.7(e)(2) and the conditions meet the requirements of 40 CFR 121.7(d)(2). For NWP 43, 401 WQC is granted with conditions, and for NWPs 12, 29, 39, 40, 42, 44, 51, 57, and 58, individual 401 WQC, or waiver thereof, is required on applicable tribal land within USEPAs Region 9 coverage area in Nevada.
  • Pyramid Lake Paiute Tribe: On December 10, 2020, the Pyramid Lake Paiute tribe denied 401 WQC for all NWPs. However, the tribe did not provide the information required in 40 CFR 121.7(e)(2). Thus, certification is waived. There is no requirement to obtain individual 401 certification for any 2021 NWP activity on Pyramid Lake Paiute reservation land in Nevada.

Utah

  • U.S. Environmental Protection Agency (USEPA), Region 8: On December 12, 2020, the USEPA, Region 8 denied 401 WQC for NWPs 12, 21, 29, 39, 40, 42, 43, 44, 50, 51, 52, 57, and 58, and expressly waived NWP 48 for activities on applicable tribal land within USEPAs Region 8 coverage area in Utah. USEPA Region 8 did not grant 401 WQC for any of the 16 NWPs. Based on the information provided, the denial meets the requirements of 40 CFR 121.7(e)(2). For NWPs 12, 21, 29, 39, 40, 42, 43, 44, 50, 51, 52, 57, and 58, individual 401 WQC, or waiver thereof, is required for activities on applicable tribal land within USEPAs Region 8 coverage area in Utah.
  • Utah Division of Water Quality, Department of Environmental Quality (UT DEQ): On December 8, 2020, UT DEQ conditionally granted certification for NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 57, and 58, and denied certification for any NWP activity involving “dam maintenance/rehabilitation or reservoir dewatering.” Based on the information provided, the denial meets the requirements of 40 CFR 121.7(e)(2) and the conditions meet the requirements of 40 CFR 121.7(d)(2). For NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 57, and 58, 401 WQC is granted with conditions, and for NWP activities involving dam maintenance/rehabilitation or reservoir dewatering, individual 401 WQC, or waiver thereof, is required on non-tribal land in Utah.
  • Ute Mountain Ute Tribe (UMUT): On December 14, 2020, the UMUT conditionally granted certification for NWPs 43 and 57, denied certification for NWPs 12, 21, 29, 39, 40, 42, 44, 50, 51, 52, and 58, and expressly waived certification for NWP 48. Based on the information provided, the denial meets the requirements of 40 CFR 121.7(e)(2) and the conditions meet the requirements of 40 CFR 121.7(d)(2). For NWPs 43 and 57, 401 WQC is granted with conditions, and for NWPs 12, 21, 29, 39, 40, 41, 44, 50, 51, 52, and 58, individual 401 WQC, or waiver thereof, is required on UMUT reservation land in Utah.
  • Navajo Nation: On November 16, 2021, 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.

Tribes

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.

NWP activities on tribal lands within the boundaries of the Sacramento District may be subject to additional conditions and other requirements (a map of tribal lands is available here).