NWP-Regional Conditions-Third Notice

Enclosed are Jacksonville District’s Regional Conditions (RCs) for the Nationwide Permits (NWPs) announced by Federal Register notice dated January 6, 2017. The RCs are effective March 19, 2017, the same date as the NWPs. The RCs are applicable throughout the entire Jacksonville District, which includes the State of Florida, the Commonwealth of Puerto Rico, and the Territory of the U.S. Virgin Islands.

The Federal Register notice began the 60-day Clean Water Act Section 401 water quality certification (WQC) and the 90- day Coastal Zone Management Act (CZMA) consistency determination processes.

For the State of Florida, the enclosure indicates whether WQC was issued or not applicable (see annotations in the WQC FL column) and whether CZMA consistency concurrence was received or not applicable (CZM FL column). The RCs associated with the WQC/CZM are marked with a suffix ‘(WQZ/CZM-FL)’ or ‘(WQZ-FL)’.

For the Miccosukee Tribe of Indians of Florida, the enclosure indicates whether WQC was issued or not applicable (WQC MTIF column).

For the Seminole Tribe of Florida, WQC is considered waived because a response was not received by March 7, 2017.

For Puerto Rico, the enclosure indicates whether WQC was issued, denied, or not applicable (WQC PR column).

For Puerto Rico, a response to our request for CZMA consistency concurrence has not been received as of March 15, 2017. Therefore, at this time, the Corps will NOT presume CZMA consistency concurrence at least until April 6, 2017. The applicant must obtain a project-specific Coastal Zone Compliance Certificate (CZCC). This situation could change if a response is received.

For the U.S. Virgin Islands, a response to our request for a Section 401 WQC has not been received as of March 8, 2017. Therefore, at this time, the Corps will consider WQC is denied based on the U.S. Virgin Island Department of Planning and Natural Resources letter dated July 14, 2016. The applicant must provide a project-specific WQC where applicable before we issue our verification.

For the U.S. Virgin Islands, a response to our request for CZMA consistency concurrence has not been received as of March 15, 2017. Therefore, at this time, the Corps will NOT presume CZMA consistency concurrence at least until April 6, 2017. The applicant must provide a project-specific CZCC before we issue our verification. This situation could change if a response is received.

Questions may be sent to Jacksonville District, Regulatory Division, PO Box 4970, Jacksonville, Florida 32232, Attn: Bob Barron; by phone number at 904-232-2203, or by email at robert.b.barron@usace.army.mil.