15. Use of Multiple Nationwide Permits: In the July 21, 1999, Federal Register notice, we proposed to modify this general condition to ensure that the use of more than one NWP to authorize a single and complete project will result in minimal adverse effects on the aquatic environment.
One commenter supported the proposed modification of General Condition 15. Many commenters objected to the proposed modification of this general condition, stating that it would prohibit the authorization of activities with minimal adverse effects. One commenter said that the proposed modification is contrary to 33 CFR 330.6(c) and must be addressed through rulemaking. A number of commenters indicated that the use of more than one NWP to authorize a single and complete project should be unrestricted because of the low acreage limits of the proposed new and modified NWPs. Several commenters objected to permittees using more than one NWP to authorize a single and complete project. One commenter said that the proposed modification of this general condition will cause more piecemealing of activities and discourage watershed-based planning and compensatory mitigation.
The modification of General Condition 15 is necessary to ensure that the use of more than one NWP to authorize a single and complete project does not result in more than minimal adverse effects on the aquatic environment, individually and cumulatively. The proposed modification is not contrary to 33 CFR 330.6(c) because that provision in the NWP regulations simply states that two or more different NWPs can be combined to authorize a single and complete project. With the modification of General Condition 15, we are not prohibiting the use of more than one NWP to authorize a single and complete project. Instead, we are simply imposing an acreage limit based on the maximum specified acreage limit of those NWPs used to authorize a single and complete project. We do not agree that the modification of General Condition 15 will encourage piecemealing of activities, since the definition of the term "single and complete project" is clearly defined at 33 CFR 330.2(i) and this definition has not changed. The modification of this general condition is adopted as proposed.