Enclosed are Jacksonville District’s Regional Conditions for 16 Nationwide Permits (NWPs) published in the January 13, 2021, issue of the Federal Register (86 FR 2744). These 16 NWPs and the enclosed Jacksonville District’s Regional Conditions become effective March 15, 2021, and will expire on March 14, 2026.
There are 12 NWPs (12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52) that are reissued/modified from the 2017 issuance. There are 4 new NWPs (55, 56, 57, and 58). The 2017 versions of NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52 will expire on March 14, 2021.
In 2017, Jacksonville District published Jacksonville District’s Regional Conditions for the NWPs issued/reissued by the January 6, 2017, issue of the Federal Register (82 FR 1860) and subsequently published an update dated May 21, 2018. The 2018 version of the Jacksonville District Regional Conditions are not applicable to the 2021 versions of NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52 that will go into effect on March 15, 2021.
There are 40 existing NWPs that were not reissued or modified by the January 13, 2021 final rule. Those 40 NWPs were published in the January 6, 2017, issue of the Federal Register (82 FR 1860) and those NWPs remain in effect until the Corps issues a final rule reissuing those NWPs or March 18, 2022, whichever comes first. The 2018 version of Jacksonville District’s Regional Conditions also remain in effect for those NWPs.
Additional Information for the 16 NWPs.
The January 13, 2021, issue of the Federal Register (86 FR 2744) is available for viewing at https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits As an alternative, interested parties can access the January 13, 2021, final rule and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
The suite of terms and conditions for these 16 NWPs consist of the following: Text of the permits proper from pages 2860 to 2867, inclusive, of 86 FR 2744; Sections E Nationwide Permit General Conditions, D. District Engineer’s Decision, E. Further Information and F. Definitions from pages 2867 to 2877, inclusive, of 86 FR 2744; and the document enclosed to this Public Notice titled FINAL REGIONAL CONDITIONS FOR 16 NATIONWIDE PERMITS IN JACKSONVILLE DISTRICT (SAJ).
The 16 NWPs are:
• NWP 12 – Oil or Natural Gas Pipeline Activities
• NWP 21 – Surface Coal Mining Activities
• NWP 29 – Residential Developments
• NWP 39 – Commercial and Institutional Developments
• NWP 40 – Agricultural Activities
• NWP 42 – Recreational Facilities
• NWP 43 – Stormwater Management Facilities
• NWP 44 – Mining Activities
• NWP 48 – Commercial Shellfish Mariculture Activities
• NWP 50 – Underground Coal Mining Activities
• NWP 51 – Land-Based Renewable Energy Generation Facilities
• NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
• NWP 55 – Seaweed Mariculture Activities
• NWP 56 – Finfish Mariculture Activities
• NWP 57 – Electric Utility Line and Telecommunications Activities
• NWP 58 – Utility Line Activities for Water and Other Substances
Additional Information for the (remaining 40) 2017 NWPs.
The January 6, 2017, issue of the Federal Register (82 FR 1860) is available for viewing at https://www.federalregister.gov/documents/2017/01/06/2016-31355/issuance-and-reissuance-of-nationwide-permits As an alternative, interested parties can access the January 6, 2017, final rule and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
The suite of terms and conditions for these 40 NWPs consist of the following: Text of the permits proper from pages 1984 to 1998, inclusive, of 82 FR 1860; Sections E Nationwide Permit General Conditions, D. District Engineer’s Decision, E. Further Information and F. Definitions from pages 1998 to 2008, inclusive of 82 FR 1860; and the applicable portions of the Jacksonville District’s Regional Conditions document dated May 21, 2018, in the Source Book, section Permitting, sub-section Nationwide Permits: https://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/
The 40 NWPs are:
• NWP 1 – Aids to Navigation
• NWP 2 – Structures in Artificial Canals
• NWP 3 – Maintenance
• NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
• NWP 5 – Scientific Measurement Devices
• NWP 6 – Survey Activities
• NWP 7 – Outfall Structures and Associated Intake Structures
• NWP 8 – Oil and Gas Structures on the Outer Continental Shelf
• NWP 9 – Structures in Fleeting and Anchorage Areas
• NWP 10 – Mooring Buoys
• NWP 11 – Temporary Recreational Structures
• NWP 13 – Bank Stabilization
• NWP 14 – Linear Transportation Projects
• NWP 15 – U.S. Coast Guard Approved Bridges
• NWP 16 – Return Water From Upland Contained Disposal Areas
• NWP 17 – Hydropower Projects
• NWP 18 – Minor Discharges
• NWP 19 – Minor Dredging
• NWP 20 – Response Operations for Oil or Hazardous Substances
• NWP 22 – Removal of Vessels
• NWP 23 – Approved Categorical Exclusions
• NWP 24 – Indian Tribe or State Administered Section 404 Programs
• NWP 25 – Structural Discharges
• NWP 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities
• NWP 28 – Modifications of Existing Marinas
• NWP 30 – Moist Soil Management for Wildlife
• NWP 31 – Maintenance of Existing Flood Control Facilities
• NWP 32 – Completed Enforcement Actions
• NWP 33 – Temporary Construction, Access, and Dewatering
• NWP 34 – Cranberry Production Activities
• NWP 35 – Maintenance Dredging of Existing Basins
• NWP 36 – Boat Ramps
• NWP 37 – Emergency Watershed Protection and Rehabilitation
• NWP 38 – Cleanup of Hazardous and Toxic Waste
• NWP 41 – Reshaping Existing Drainage Ditches
• NWP 45 – Repair of Uplands Damaged by Discrete Events
• NWP 46 – Discharges in Ditches
• NWP 49 – Coal Remining Activities
• NWP 53 – Removal of Low-Head Dams
• NWP 54 – Living Shorelines
Point of Contact. Questions on issues within the Jacksonville District relating to the NWPs may be sent to Mr. Bob Barron, Program Manager, Regulatory Division, Jacksonville District, U.S. Army Corps of Engineers, P.O Box 4970, Jacksonville, Florida 32232-0019, Robert.B.Barron@usace.army.mil, (904) 232-2203.