SPN17-04 Description: Federal Register Notice announcing the reissuance of the Nationwide Permits. POC: Mr. Jack Dinne @ 410-962-6005 or by email john.j.dinne@usace.army.mil

Public Notice U.S. Army Corps Date: January 12, 2017 of Engineers Baltimore District Special Public Notice # 17-04

PUBLIC NOTICE FOR FEDERAL REGISTER NOTICE ANNOUNCING THE REISSUANCE OF THE NATIONWIDE PERMITS

On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all 50 existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, one new general condition, and five new definitions. The 2017 NWPs will go into effect on March 19, 2017, and will expire on March 18, 2022.

With the publication of this Federal Register notice, Corps districts will begin finalizing their regional conditions for the new and reissued NWPs. Regional conditions will provide additional protection for the aquatic environment, and will help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within the Baltimore District.

The publication of this Federal Register notice also begins the 60-day period for states, Tribes, and the Environmental Protection Agency (EPA) to complete their water quality certification (WQC) processes for the NWPs. The 60-day period for WQC will end on March 6, 2017. This Federal Register notice also begins the 90-day period for coastal states to complete their Coastal Zone Management Act (CZMA) consistency determination processes. The 90-day period for CZMA consistency determinations will end on April 5, 2017.

If coastal states do not complete their CZMA consistency determination processes before the 2017 NWPs go into effect on March 19, 2017, the use of an NWP to authorize an activity within, or outside, a state’s coastal zone that will affect land or water uses or natural resources of that state’s coastal zone, is contingent upon obtaining an individual CZMA consistency determination, or a case-specific presumption of CZMA concurrence.

The January 6, 2017, Federal Register notice is available for viewing at the Baltimore District, 10 South Howard Street, Baltimore, Maryland 21201 or on the Internet at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/NationwidePermits.aspx . As an alternative, interested parties can access the January 6, 2017, final rule that was published in the Federal Register through the U.S. Government Printing Office at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR .

The Corps has also issued final decision documents for the new and reissued NWPs. These documents are available at www.regulations.gov at docket number COE-2015-0017. Furthermore, the national NWP decision documents will be supplemented by Division Engineers to address decisions concerning the addition of regional conditions to the NWPs.

Enclosed is a copy of the final NWPs, general conditions, further information, and definitions. They are also available through Corps Headquarters Regulatory Home Page or the Federal Register.

Index of Nationwide Permits, Conditions, District Engineer’s Decision, Further Information, and Definitions

Nationwide Permits

1. Aids to Navigation 2. Structures in Artificial Canals 3. Maintenance 4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities 5. Scientific Measurement Devices 6. Survey Activities 7. Outfall Structures and Associated Intake Structures 8. Oil and Gas Structures on the Outer Continental Shelf 9. Structures in Fleeting and Anchorage Areas 10. Mooring Buoys 11. Temporary Recreational Structures 12. Utility Line Activities 13. Bank Stabilization 14. Linear Transportation Projects 15. U.S. Coast Guard Approved Bridges 16. Return Water From Upland Contained Disposal Areas 17. Hydropower Projects 18. Minor Discharges 19. Minor Dredging 20. Response Operations for Oil or Hazardous Substances 21. Surface Coal Mining Activities 22. Removal of Vessels 23. Approved Categorical Exclusions 24. Indian Tribe or State Administered Section 404 Programs 25. Structural Discharges 26. [Reserved] 27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities 28. Modifications of Existing Marinas 29. Residential Developments 30. Moist Soil Management for Wildlife 31. Maintenance of Existing Flood Control Facilities 32. Completed Enforcement Actions 33. Temporary Construction, Access, and Dewatering 34. Cranberry Production Activities 35. Maintenance Dredging of Existing Basins 36. Boat Ramps 37. Emergency Watershed Protection and Rehabilitation 38. Cleanup of Hazardous and Toxic Waste 39. Commercial and Institutional Developments 40. Agricultural Activities 41. Reshaping Existing Drainage Ditches 42. Recreational Facilities 43. Stormwater Management Facilities 44. Mining Activities 45. Repair of Uplands Damaged by Discrete Events 46. Discharges in Ditches 47. [Reserved] 48. Commercial Shellfish Aquaculture Activities 49. Coal Remining Activities 50. Underground Coal Mining Activities 51. Land-Based Renewable Energy Generation Facilities 52. Water-Based Renewable Energy Generation Pilot Projects 53. Removal of Low-Head Dams 54. Living Shorelines

General Conditions 1. Navigation 2. Aquatic Life Movements 3. Spawning Areas 4. Migratory Bird Breeding Areas 5. Shellfish Beds 6. Suitable Material 7. Water Supply Intakes 8. Adverse Effects from Impoundments 9. Management of Water Flows 10. Fills Within 100-Year Floodplains 11. Equipment 12. Soil Erosion and Sediment Controls 13. Removal of Temporary Fills 14. Proper Maintenance 15. Single and Complete Project 16. Wild and Scenic Rivers 17. Tribal Rights 18. Endangered Species 19. Migratory Bird and Bald and Golden Eagle Permits 20. Historic Properties 21. Discovery of Previously Unknown Remains and Artifacts 22. Designated Critical Resource Waters 23. Mitigation 24. Safety of Impoundment Structures 25. Water Quality 26. Coastal Zone Management 27. Regional and Case-by-Case Conditions 28. Use of Multiple Nationwide Permits 29. Transfer of Nationwide Permit Verifications 30. Compliance Certification 31. Activities Affecting Structures or Works Built by the United States 32. Pre-Construction Notification

District Engineer’s Decision Further Information Definitions Best management practices (BMPs) Compensatory mitigation Currently serviceable Direct effects Discharge Ecological reference Enhancement Ephemeral stream Establishment (creation) High Tide Line Historic property Independent utility Indirect effects Intermittent stream Loss of waters of the United States Navigable waters Non-tidal wetland Open water Ordinary high water mark Perennial stream Practicable Pre-construction notification Preservation Protected tribal resources Re-establishment Rehabilitation Restoration Riffle and pool complex Riparian areas Shellfish seeding Single and complete linear project Single and complete non-linear project Stormwater management Stormwater management facilities Stream bed Stream channelization Structure Tidal wetland Tribal lands Tribal rights Vegetated shallows Waterbody