FINAL REGIONAL CONDITIONS FOR THE 2021 NATIONWIDE PERMITS IN JACKSONVILLE DISTRICT

FINAL REGIONAL CONDITIONS FOR THE 2021 NATIONWIDE PERMITS IN JACKSONVILLE DISTRICT

The enclosure provides Jacksonville District’s final Regional Conditions for the 41 Nationwide Permits (NWPs) that become effective on February 25, 2022.

The enclosure also incorporates modified Regional Conditions for the 16 NWPs that became effective on March 15, 2021. The modified Regional Conditions will be applied on and after February 25, 2022, except for prior verifications or activities described at paragraph A.2.a. of the enclosure. The three changes are: Regional Condition 45 (Tribal Rights and Authorities) has been added; Regional Condition 2.b. has been modified to specify that the description of a project location shall include the latitude and longitude; and Regional Condition 36 has been modified by adding a superscript that refers to new text at F.3., which clarifies NWP 43’s pre-construction notification requirements.

Additional Information for the 2021 NWPs

16 NWPs. Published in the January 13, 2021 Federal Register (86 FR 2744) that is available for viewing at: https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits. The text of the permits is on pages 2860 to 2867, inclusive.

Correction for NWP 52. Published in the May 20, 2021 Federal Register (86 FR 27274) that is available for viewing at: https://www.federalregister.gov/documents/2021/05/20/2021-10623/reissuance-and-modification-of-nationwide-permits-correction. The correction inserts the following text as a prefix to the original 3rd paragraph of NWP 52 in the 3rd column on page 2863 of the January 13, 2021 Federal Register (86 FR 2744): ‘‘The discharge must not cause the loss of greater than 1/2-acre of waters of the United States.”

41 NWPs. Published in the December 27, 2021 Federal Register (86 FR 73522) that is available for viewing at: https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-and-modification-of-nationwide-permits. The text of the permits is on pages 73572 to 73582, inclusive.

The suite of terms and conditions for the NWPs consists of the following:

Text of the permits in their associated Federal Register publication described above;

Sections C Nationwide Permit General Conditions, D. District Engineer’s Decision, E. Further Information and F. Definitions on pages 2867 to 2877, inclusive, of the January 13, 2021 Federal Register (86 FR 2744); and,

The document enclosed to this Public Notice (FINAL REGIONAL CONDITIONS FOR THE 2021 NATIONWIDE PERMITS IN JACKSONVILLE DISTRICT (SAJ)).

Interested parties can access related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.

Index of the 2021 NWPs

January 2021 NWPs:

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

December 2021 NWPs:

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
NWP 59 – Water Reclamation and Reuse Facilities

General Conditions

1. Navigation
2. Aquatic Life Movements
3. Spawning Areas
4. Migratory Bird Breeding Areas
5. Shellfish Beds
6. Suitable Material
7. Water Supply Intakes
8. Adverse Effects from Impoundments
9. Management of Water Flows
10. Fills Within 100-Year Floodplains
11. Equipment
12. Soil Erosion and Sediment Controls
13. Removal of Temporary Fills
14. Proper Maintenance
15. Single and Complete Project
16. Wild and Scenic Rivers
17. Tribal Rights
18. Endangered Species
19. Migratory Birds and Bald and Golden Eagles
20. Historic Properties
21. Discovery of Previously Unknown Remains and Artifacts
22. Designated Critical Resource Waters
23. Mitigation
24. Safety of Impoundment Structures
25. Water Quality
26. Coastal Zone Management
27. Regional and Case-by-Case Conditions
28. Use of Multiple Nationwide Permits
29. Transfer of Nationwide Permit Verifications
30. Compliance Certification
31. Activities Affecting Structures or Works Built by the United States
32. Pre-Construction Notification

District Engineer’s Decision

Further Information

Definitions

Best management practices (BMPs)
Compensatory mitigation
Currently serviceable
Direct effects
Discharge
Ecological reference
Enhancement
Establishment (creation)
High Tide Line
Historic property
Independent utility
Indirect effects
Loss of waters of the United States
Navigable waters
Non-tidal wetland
Open water
Ordinary high water mark
Perennial stream
Practicable
Pre-construction notification
Preservation
Re-establishment
Rehabilitation
Restoration
Riffle and pool complex
Riparian areas
Shellfish seeding
Single and complete linear project
Single and complete non-linear project
Stormwater management
Stormwater management facilities
Stream bed
Stream channelization
Structure
Tidal wetland
Tribal lands
Tribal rights
Vegetated shallows
Waterbody

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.