SUMMARY: The Corps of Engineers is reissuing the existing nationwide permits (NWP) and conditions, some with modifications, and issuing two new NWPs. As with all general permits, NWPs include specific project limitations which ensure that adverse effects will be no more than minimal and that the aquatic environment will be protected. At the same time, if a permit applicant can design a project in a way that meets the limitations of the NWP, the Corps will provide an expedited review and decision for the project. General permits, including NWPs, are an essential part of the Corps regulatory program, and provide us with the method we use to authorize 80& of the activities we regulate. An effective NWP program is essential to administration of the Corps regulatory program. The Corps, however, is increasingly aware of the concerns regarding the level of adverse effects being authorized by NWPs, particularly NWP 26. As a result, we have taken a critical look at the NWP program to better ensure that projects that truly have minimal impacts will continue to be authorized, while ensuring that only minimal individual and cumulative adverse effects will result from the Corps authorizing projects under the program. For example, we have made substantial changes to NWP 26, with an ultimate approach of more clearly defining the activities regulated through activity-specific replacement general permits. The interim changes to NWP 26 we have made will greatly increase environmental protection while increasing the review time for a relatively small percentage of the total number of activities authorized each year. We have also become increasingly aware of the concerns that NWPs, particularly NWP 26, need to be modified to reflect regional differences in aquatic ecosystem functions and values and to more effectively reflect the desire of the states to develop partnerships to protect the aquatic environment. We, therefore, have directed our districts to carefully review all of the NWPs, particularly NWP 26, to revoke applicable NWPs in high value aquatic ecosystems, and to add regional conditions to limit the applicability of the NWPs to ensure that no more than minimal adverse effects occur in each district. We are also directing the districts to work with the states to develop mutually agreeable conditions that will result in a greater level of state Section 401 water quality certifications being issued for the NWPs. We are directing our districts to develop local procedures with their counterparts in the U.S. Fish and Wildlife Service and National Marine Fisheries Service which will ensure that the Corps bases its "affect" and "jeopardy" decisions on the best available information. We are also initiating formal programmatic consultation under section 7 of the Endangered Species Act regarding the procedures associated with administering the NWP program. We believe that the changes described above, along with many others we have included in this reissuance of the NWPs, will substantially increase protection of the aquatic environment, ensure that no more than minimal adverse effects will occur, and maintain the regulatory flexibility necessary to administer a reasonable regulatory program.
EFFECTIVE DATE: February 11, 1997.
ADDRESS: Information can be obtained by writing to: Office of the Chief of Engineers, ATTN: CECW-OR, 20 Massachusetts Avenue NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION: Contact Mr. Sam Collinson or Mr. John Studt, at (202) 761-0199 or access the U.S. Army Corps of Engineers Regulatory Home Page at: http//:wetland.usace.mil/