February 13, 2012
Federal Clean Water Act Section 404 Nationwide Permit (NWP) authorizations (General Permits) issued by the U.S. Army Corps of Engineers (Corps) on March 12, 2007 are set to expire in just over a month.
On March 18, 2012, all NWPs issued under the 2007 program will expire unless they are reissued, modified, or vested for an additional 12-month period.
For projects permitted under current NWPs, the authorization will be extended for a period of 12 months (to March 18, 2013) if work within Corps jurisdictional areas commences and a Notice of Commencement is filed prior to March 18, 2012.
There are simple and inexpensive ways to commence work on a project and thereby vest its 404 authorization.
If you have a current project authorized by a NWP, you should determine whether the work within Waters of the U.S. (WUS) can be completed by March 18, 2012 or within the 12-month extension period.
If a project has not commenced prior to March 18, 2012, its NWP will expire on that date, and you will then be required to reapply. Work in WUS may not commence until a new NWP is obtained from the Corps (this applies only to work within WUS; work outside WUS may continue beyond the expiration date of the NWP).
The Corps proposed replacement NWPs on February 16, 2011 that will run through 2017. The Corps anticipates issuing final NWPs prior to March 18, 2012.
We suggest you review the status of all your projects’ permits. If you need assistance in protecting your right to conduct work within the Corps’ jurisdiction or maintaining regulatory compliance on your projects, HELIX is happy to assist you.
Contact Tom Huffman, Biological Resources Division Manager, at TomH@helixepi.com or 619.462.1515 ext. 212, for more information.