HomeMy WebLinkAbout20171539 Ver 1_Summary_Final_2017NWPs_1-2017_20171130Summary of the 2017 Nationwide Permits�
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 1— Aids to Navigation 10 none PCN not required no navigable waters of the U.S. none
NWP 2— Structures in 10 none PCN not required no navigable waters of the U.S. none
Artificial Canals
NWP 3 — Maintenance 10/404
(a) Repair, rehabilitation, authorizes only minor PCN not required no all waters of the U.S. Clarify that NWP authorizes Does not authorize: maintenance dredging for
or replacement of deviations for removal of previously authorized the primary purpose of navigation; beach
previously authorized, maintenance structures and fills. restoration; or new stream channelization or
currently serviceable stream relocation projects. Limits stream channel
structures or fills modification to the minimum necessary for the
maintenance activit .
(b) Discharges 200 feet from all activities yes all waters of the U.S. Remove provision authorizing the
associated with removal structure; minimum placement of new or additional
of accumulated necessary to restore riprap to protect the structure
sediments and debris in capacity intake or (riprap may be authorized by
the vicinity of existing outfall or associated NWP 13).
structures, including canal
intake and outfall
structures and associated
canals
(c) Temporary structures, PCN not required no all waters of the U.S. Clarify that NWP authorizes use Temporary fills must be removed in their entirety
fills, and work necessary of temporary mats, if regulated by and the affected areas returned to pre-
to conduct maintenance the district. construction elevations
activit
NWP 4— Fish and Wildlife 10/404 none PCN not required no all waters of the U.S. none Does not authorize impoundments or artificial
Harvesting, Enhancement, reefs. Does not authorize covered oyster trays or
and Attraction Devices and clam racks.
Activities
NWP 5— Scientific 10/404 25 cubic yards for PCN not required no all waters of the U.S. none Devices and any associated structures or fills be
Measurement Devices weirs and flumes removed upon completion of the use and
restored to pre-construction elevations to
maximum extent racticable.
NWP 6— Survey Activities 10/404 1/10-acre PCN not required no all waters of the U.S. none Does not authorize fills for roads. Does not
authorize permanent structures. Does not
authorize fill associated with recovery of historic
properties. Backfilling of exploratory trenches
must not drain a water of the U.S.
� This table is intended to provide general information on the 2017 nationwide permits published in the Federal Register on January 6, 2017.
January 5, 2017 Page 1 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 7— Outfall Structures 10/404 none all activities yes all waters of the U.S. none Activity must comply with National Pollutant
and Associated Intake Discharge Elimination System Program.
Structures
NWP 8— Oil and Gas 10 none all activities no navigable waters of the U.S. none Limited to facilities in areas leased by the Bureau
Structures on the Outer of Ocean Energy Management of the
Continental Shelf De artment of the Interior.
NWP 9— Structures in 10 none PCN not required no navigable waters of the U.S. Remove reference to U.S. Coast Applies to structures, buoys, and other devices
Fleeting and Anchorage Guard. placed in anchorage or fleeting areas established
Areas forthose ur oses
NWP 10 — Mooring Buoys 10 none PCN not required no navigable waters of the U.S. none Non-commercial, single boat mooring buoys
NWP 11 — Temporary 10 none PCN not required no navigable waters of the U.S. none Structures must be removed within 30 days after
Recreational Structures use discontinued.
NWP 12 — Utility Line 10/404 1/2 acre . a section 10 permit yes, if PCN see text of NWP Authorize the use of temporary Temporary fills must be removed in their entirety
Activities is required required mats. Add notes referencing and the affected areas returned to pre-
• mechanized land concepts from definition of "single construction elevations.
clearing in forested and complete linear projecY' and
wetlands for the 33 CFR 330.6(d). Add note with
right-of-way reference to Corps regulations for
• discharges that required minimum clearances of
result in the loss of overhead electric power
>1/10 acre transmission lines over navigable
waters.
utility lines . utility line exceeds all waters of the U.S., Clarify that NWP only authorizes Must restore area to pre-construction contours.
500 linear feet in including navigable waters crossings of waters of the United For overhead utility lines, district engineer
waters of the U.S. States associated with the coordinates PCN and NWP verification letter with
• utility line runs construction, maintenance, and Department of Defense Siting Clearinghouse.
parallel to a stream repair of utility lines. Add internet
bed within as form of communication carried
jurisdictional area by utility lines. Authorize regulated
activities associated with
remediation for inadvertent
returns of drilling fluids that may
occur during horizontal directional
drilling operations to install utility
lines. Add note stating that NWP
authorizes utility line maintenance
and repair activities that do not
qualify for the CWA Section 404(f)
exem tion for maintenance.
utility line substations non-tidal waters of the U.S.,
except non-tidal wetlands
ad'acent to tidal waters
foundations for overhead all waters of the U.S. Separate footings for each tower leg should be
utility line towers, poles, used where feasible.
and anchors
January 5, 2017 Page 2 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
access roads . above-grade non-tidal waters of the U.S., Access roads must be constructed to minimize
permanent access except non-tidal wetlands adverse effects to waters of the U.S.
roads exceeding adjacent to tidal waters
500 feet;
• permanent access
roads constructed
with impervious
materials
NWP 13 — Bank Stabilization 10/404 . 500 feet along • >500 linear feet in yes, if PCN all waters of the U.S. Clarify that NWP 13 authorizes a Activity cannot impair surface water flow into or
the bank length required variety of bank stabilization out of waters of the U.S. Temporary fills must be
(unless waived . >1 cubic yard per techniques, not just bulkheads removed in their entirety and the affected areas
by DE — running foot, as and revetments. Cubic yard limit returned to pre-construction elevations. Native
waivers for measured along to be measured along the bank, to plant species appropriate for site conditions,
bulkheads the treated bank, cover applicability to in-stream fills including salinity, must be used for
limited to 1,000 below OHWM or to control erosion. Add provision bioengineering or vegetative bank stabilization.
linear feet along HTL requiring proper maintenance and
the shore) . discharges into state that NWP also authorizes
• 1 cubic yard per special aquatic maintenance activities. State that
running foot sites native plants instead of invasive
(unless waived plants must be used for
by DE) bioengineering or vegetative
stabilization.
NWP 14 — Linear 10/404 . 1/2 acre in non- • >1/10 acre yes, if PCN all waters of the U.S. Add notes referencing concepts Temporary fills must be removed in their entirety
Transportation Projects tidal waters . discharges into required from definition of "single and and the affected areas returned to pre-
• 1/3 acre in tidal special aquatic complete linear projecY' and 33 construction elevations. Does not authorize
waters sites CFR 330.6(d). storage buildings, parking lots, train stations,
aircraft hangars, or other non-linear
trans ortation features.
NWP 15 — U.S. Coast Guard 10/404 none PCN not required no navigable waters of the U.S. none Causeways and approach fills for bridges are not
Approved Bridges authorized by this NWP; those activities require
separate section 404 authorization. Bridge
structures can be authorized by Section 9 of the
Rivers and Harbors Act or other a licable laws.
NWP 16 — Return Water 404 none PCN not required no all waters of the U.S. none Water quality issues addressed through Clean
From Upland Contained Water Act section 401 certification process
Dis osal Areas
NWP 17 — Hydropower 404 none all activities yes all waters of the U.S., except none Applies to activities licensed by the Federal
Projects navigable (i.e., section 10) Energy Regulatory Commission or activities
waters exem t from licensin re uirements.
NWP 18 — Minor Discharges 10/404 . 25 cubic yards • >10 cubic yards yes, if PCN all waters of the U.S. none Does not authorize discharges for stream
discharged discharged below required diversions.
below plane of plane of
OHWM/HTL OHWM/HTL
• 1/10 acre of • discharges into
waters of the special aquatic
U.S. sites
January 5, 2017 Page 3 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 19 — Minor Dredging 10/404 25 cubic yards below PCN not required no navigable waters of the U.S. Add requirement that all dredged Does not authorize dredging or degradation
plane of OHWM/ material must be deposited and through siltation of coral reefs, submerged
MHWM retained in an area that has no aquatic vegetation beds, anadromous fish
waters of the United States unless spawning areas, or wetlands. Does not authorize
otherwise specifically approved by the connection of canals to navigable waters.
the district engineer under
separate authorization.
NWP 20 — Response 10/404 none PCN not required no all waters of the U.S. Change "and" to "or" in title of Authorizes activities subject to the National Oil
Operations for Oil or NWP. and Hazardous Substances Pollution
Hazardous Substances Contingency Plan. Authorizes activities required
for cleanup of oil releases in waters of the U.S.
Authorizes use of temporary structures and fills
for s ill res onse trainin exercises.
NWP 21 — Surface Coal 10/404 . 1/2 acre All activities yes non-tidal waters of the U.S., Remove paragraph that Activities must be authorized, or currently being
Mining Activities . 300 linear feet of except non-tidal wetlands authorized surface coal mining processed by states with approved programs
stream bed, but adjacent to tidal waters activities that were previously under Title V of the Surface Mining Control and
DE can waive for authorized by the 2007 NWP 21. Reclamation Act of 1977.
intermittent and Clarify that any losses of stream
ephemeral bed are applied to the 1/2-acre
streams limit.
• No valle fills
NWP 22 — Removal of 10/404 none . if vessel listed or yes, if PCN all waters of the U.S. Change Note 2 to refer to the Does not authorize maintenance dredging, shoal
Vessels eligible for National required possibility of shipwrecks being removal, or river bank snagging. Disposal of
Register of Historic historic properties. removed vessel in waters of the U.S. may require
Places separate authorizations from EPA and Corps.
• activities in special
a uatic sites
NWP 23 — Approved 10/404 none PCN not required, yes, if PCN all waters of the U.S. Change "environmental Categorical exclusions must be approved by the
Categorical Exclusions except for certain required documentation" to refer to an Office of the Chief of Engineers. See RGL 05-07
activities identified in environmental impact statement for list of agencies and their activities that are
RGL 05-07 or environmental assessment. currentl eli ible for NWP 23.
NWP 24 — Indian Tribe or 10 none PCN not required no navigable waters of the U.S. none Does not authorize activities in navigable waters
State Administered Section that require only a section 10 permit.
404 Pro ram
NWP 25 — Structural 404 none PCN not required no waters of the U.S. none Structure may require a section 10 permit if
Discharges located in navigable waters of the U.S. Does not
authorize structures that support buildings or
similar structures.
NWP 27 — Aquatic Habitat 10/404 none all activities, except for yes, if PCN all waters of the U.S. Add requirement to use an Does not authorize stream channelization. Does
Restoration, Enhancement, those that require required ecological reference to plan, not authorize relocation or conversion of tidal
and Establishment Activities reporting (e.g., activities design, and implement the NWP waters. Does not authorize conversion of natural
under a binding activity. Add the removal of wetlands or streams, except for relocation
agreement between the stream barriers, such as activities. Compensatory mitigation is not
landowner and an undersized culverts, fords, and required for NWP 27 activities.
agency) grade control structures, to list of
exam les of authorized activities.
January 5, 2017 Page 4 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 28 — Modifications of 10 activities limited to PCN not required no navigable waters of the U.S. none Does not authorize dredging, additional slips,
Existing Marinas authorized marina dock spaces, or expansion in waters of the U.S.
area
NWP 29 — Residential 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream For residential subdivisions, the aggregate total
Developments . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre loss of waters of the U.S. cannot exceed 1/2-
stream bed, but adjacent to tidal waters limit. acre.
DE can waive for
intermittent and
ephemeral
streams
NWP 30 — Moist Soil 404 none PCN not required no non-tidal waters of the U.S. none Authorizes only on-going activities. Does not
Management for Wildlife authorize construction of new dikes, roads, water
control structures, etc. Does not authorize
conversion of wetlands to uplands. Does not
authorize impoundments. Does not authorize
activities that result in net loss of aquatic
functions and services.
NWP 31 — Maintenance of 10/404 maintenance baseline all activities yes all waters of the U.S. Add provision stating that a flood PCN must indicate location of sites for disposal
Existing Flood Control approved by district control facility will not be of dredged or excavated material and baseline
Facilities engineer considered abandoned if the information. Authorizes the removal of vegetation
prospective permittee is in the from levees associated with a flood control
process of obtaining other project, if Corps permits are required for those
authorizations or approvals activities.
required for maintenance
activities and is experiencing
delays in obtaining those
authorizations or approvals. Add
Note clarifying that the one-time
compensatory mitigation
requirement applies to the time
since the maintenance baseline
was established for this NWP, not
eve five ears.
NWP 32 — Completed 10/404 . 5 acres of non- PCN not required no all waters of the U.S. Modify paragraph (i)(a) to clarify
Enforcement Actions tidal waters that activities authorized by this
• 1 acre of tidal NWP cannot adversely affect
waters more than 5 acres of non-tidal
• also see text of waters or 1 acre of tidal waters.
NWp Add provision stating that non-
compliance with the terms and
conditions of an NWP 32
authorization may result in an
additional enforcement action,
such as a Class I civil
administrative enalt .
January 5, 2017 Page 5 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 33 — Temporary 10/404 none all activities in navigable yes all waters of the U.S. Require PCNs only for activities in Associated primary activity must be authorized
Construction, Access, and (i.e., section 10) waters navigable (i.e., section 10) waters. by Corps or U.S. Coast Guard, or be exempt
Dewatering from permit requirements. PCN must include
restoration plan.
NWP 34 — Cranberry 404 10 acres, but activity all activities yes section 404 waters only none Does not authorize discharges in waters of the
Production Activities cannot result in net U.S. for attendant features, such as warehouses,
loss of wetland processing facilities, or parking areas.
acrea e
NWP 35 — Maintenance 10 dredging to previously PCN not required no navigable waters of the U.S. Require that dredged material be
Dredging of Existing Basins authorized depths or deposited in area with no waters
controlling depths, of the U.S., unless authorized by
whichever are less the Cor s b a se arate ermit.
NWP 36 — Boat Ramps 10/404 . 50 cubic yards, • >50 cubic yards yes, if PCN all waters of the U.S., except none Section 10 permit required if dredging navigable
unless waived by . >20 feet wide required special aquatic sites water is necessary for access to boat ramp. No
DE placement of material in special aquatic sites.
• 20 foot width,
unless waived by
DE
NWP 37 — Emergency 10/404 none all activities yes all waters of the U.S. none Prospective permittee should wait 45 calendar
Watershed Protection and days before proceeding with the activity if the DE
Rehabilitation has not yet issued a verification letter, but may
proceed immediately if there is an unacceptable
hazard to life or significant loss of property or
economic hardshi will occur.
NWP 38 — Cleanup of 10/404 none all activities yes all waters of the U.S. none Does not authorize the establishment of new
Hazardous and Toxic Waste disposal sites or the expansion of existing
dis osal sites.
NWP 39 — Commercial and 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream Does not authorize construction of new golf
Institutional Developments . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre courses or new ski areas. Authorizes the
stream bed but adjacent to tidal waters limit. Add wastewater treatment construction of oil or gas wells. For wind energy
DE can waive for facilities to the list of examples of generating structures, solar towers, or overhead
intermittent and attendant features. transmission lines, district engineer coordinates
ephemeral PCN and NWP verification with Department of
streams Defense Siting Clearinghouse.
NWP 40 — Agricultural 404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream NWP can be used for agricultural activities,
Activities . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre regardless of whether applicant is USDA
stream bed, but adjacent to tidal waters limit. participant. Does not authorize aquaculture
DE can waive for ponds.
intermittent and
ephemeral
streams
NWP 41 — Reshaping 404 none PCN not required no non-tidal waters of the U.S., Remove PCN requirement. Reshaping drainage ditch cannot increase
Existing Drainage Ditches except non-tidal wetlands capacity of ditch or drain additional waters of the
adjacent to tidal waters U.S. Does not authorize relocation of drainage
ditches constructed in waters of the U.S.
January 5, 2017 Page 6 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 42 — Recreational 404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream Authorizes variety of recreational facilities,
Facilities . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre except for hotels, restaurants, racetracks,
stream bed but adjacent to tidal waters limit. stadiums, arenas, or similar facilities (these may
DE can waive for be authorized by NWP 39).
intermittent and
ephemeral
streams
NWP 43 — Stormwater 404 . 1/2 acre all activities involving yes, if PCN non-tidal waters of the U.S., Maintenance of stormwater poes not authorize construction of new
Management Facilities . 300 linear feet of expansion or required except non-tidal wetlands management facilities, low impact stormwater management facilities in perennial
stream bed but construction of SWM adjacent to tidal waters development integrated streams. Maintenance does not require PCN if
DE can waive for facilities management features, and limited to restoring original design capacities.
intermittent and pollutant reduction green Also authorizes low impact development
ephemeral infrastructure features that are not integrated management features and pollutant
streams waters of the United States, and reduction green infrastructure features.
maintenance does not require a
section 404 permit. Clarify that
any losses of stream bed are
applied to the 1/2-acre limit.
Authorizes the construction of
pollutant reduction green
infrastructure features designed to
reduce inputs of sediments,
nutrients, and other pollutants into
waters to meet reduction targets
established under Total Daily
Maximum Loads set under the
Clean Water Act.
NWP 44 — Mining Activities 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., For mining activities in non-tidal PCN must include final reclamation plan if
• 300 linear feet of except non-tidal wetlands open waters, the 1/2-acre limit reclamation is required by other statutes.
stream bed but adjacent to tidal waters applies to the mining area. The
DE can waive for loss of non-tidal wetlands plus the
intermittent and mining area in non-tidal open
ephemeral waters cannot exceed 1/2-acre.
streams Clarify that any losses of stream
bed are applied to the 1/2-acre
limit. Final reclamation plan
required for PCN, if reclamation is
re uired.
NWP 45 — Repair of Uplands 10/404 Restore uplands to all activities yes all waters of the U.S. Provide district engineer with PCN must be submitted to district engineer within
Damaged by Discrete Events pre-event ordinary authority to waive 12-month limit one year of date of damage; work must start or
high water mark for submitting PCN if permittee be under contract within two years of date of
can demonstrate funding, damage.
contract, or similar dela s.
January 5, 2017 Page 7 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 46 — Discharges in 404 1 acre all activities yes certain types of non-tidal none NWP does not authorize discharges into ditches
Ditches ditches constructed in constructed in streams or other waters of the
uplands and determined to U.S., or in streams that have been relocated in
be waters of the U.S. uplands.
NWP 48 — Existing 10/404 none . the activity will yes, if PCN navigable waters of the U.S. Project areas also include lands Does not authorize nonindigenous species not
Commercial Shellfish include a species required where other legally binding previously cultivated in the waterbody, aquatic
Aquaculture Activities that has never agreements establish enforceable nuisance species, or attendant features such as
been cultivated in property interests. Define "new docks or staging areas. Does not authorize the
the waterbody; or commercial shellfish aquaculture deposition of shell material back into waters of
• the activity occurs operation" as operating in an area the U.S. as waste. Project area is the area in
in a project area where such activities have not which the operator is authorized to conduct
that has not been occurred during the past 100 commercial shellfish aquaculture activities, as
used for years. Operator can submit one identified through a lease or permit issued by an
commercial PCN for a group of contiguous appropriate state or local government agency, a
shellfish project areas or one PCN per treaty, or any easement, lease, deed, contract, or
aquaculture project area. Remove the PCN other legally binding agreement that establishes
activities during the threshold for dredge harvesting, an enforceable property interest for the operator.
past 100 years tilling, or harrowing in areas
inhabited by submerged aquatic
vegetation. Does not authorize
activities that directly affect more
than 1/2-acre of submerged
aquatic vegetation beds in an
area that has not been used for
commercial shellfish aquaculture
during the past 100 years. PCN
should describe all species and
culture activities the operator
expects to undertake in the
project area or group of
contiguous project areas during
the effective period of this NWP.
PCN must include all species that
are planned to be cultivated
during the period the NWP is in
effect. PCN must specify whether
suspended cultivation techniques
will be used and indicate the
general water depths in the
pro'ect area.
January 5, 2017 Page 8 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 49 — Coal Remining 10/404 Limited to sites that all activities yes non-tidal waters of the U.S. None Permittee must demonstrate net increase in
Activities were previously aquatic resource functions through reclamation.
mined for coal, but Activities must be authorized by the Department of
new mining may be the Interior, Office of Surface Mining, or by states
conducted in adjacent with approved programs under Title IV and V of
areas if the newly the Surface Mining Control and Reclamation Act of
mined area is less 1977 or are currently being processed as part of
than 40 percent of the an integrated permit processing procedure.
area being remined Prospective permittee must receive written
plus any unmined authorization prior to commencing the activity.
area needed for Corps will review the SMCRA determination
reclamation. regarding the amount of previously unmined area
necessary for the reclamation and make an
independent determination of the amount
needed.
NWP 50 — Underground Coal 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream Activities must be authorized by the Department of
Mining Activities . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre the Interior, Office of Surface Mining, or by states
stream bed but adjacent to tidal waters limit. with approved programs under Title V of the
DE can waive for Surface Mining Control and Reclamation Act of
intermittent and 1977 or are currently being processed as part of
ephemeral an integrated permit processing procedure. If
streams reclamation required, a copy of the plan must be
submitted with PCN. Does not authorize coal
preparation and processing activities outside of
the mine site. Prospective permittee must receive
written authorization prior to commencing the
activit .
NWP 51 — Land-Based 10/404 . 1/2 acre • discharges that yes non-tidal waters of the U.S., Change the PCN threshold to Authorizes construction, expansion or modification
Renewable Energy . 300 linear feet of result in the loss of except non-tidal wetlands 1/10-acre. Clarify that any losses of land-based renewable energy production
Generation Facilities stream bed but >1/10 acre adjacent to tidal waters of stream bed are applied to the facilities, including attendant features. If only
DE can waive for 1/2-acre limit. Revise Note 2 to activity requiring DA authorization is utility line,
intermittent and include NWP 14 activities. then NWP 12 shall be used. Utility lines
ephemeral transferring energy to a distribution system,
streams regional grid, or other facility are generally
considered to be separate single and complete
linear projects. For wind energy generating
structures, solar towers, or overhead
transmission lines, district engineer coordinates
PCN and NWP verification with Department of
Defense Sitin Clearin house.
January 5, 2017 Page 9 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 52 — Water-Based 10/404 . 1/2 acre all activities yes all waters of the U.S. except Add floating solar panels in Authorizes construction, expansion, modification,
Renewable Energy . 300 linear feet of in coral reefs navigable (i.e., section 10) waters or removal of water-based renewable energy
Generation Pilot Projects stream bed but to the list of activities authorized generation pilot projects and their attendant
DE can waive for by this NWP, with a 1/2-acre limit. features. Limited to "pilot projects." Placement of a
intermittent and Add wave energy devices. Clarify transmission line on bed of a navigable water of
ephemeral that any losses of stream bed are U.S. from generation unit to land-based collection
streams applied to the 1/2-acre limit. Add facility is considered a structure under section 10
• No more than 10 note stating that hydrokinetic and is not considered a loss of waters of the U.S.
generation units renewable energy generation Prohibits activities in coral reefs. Structures in
• Floating solar projects authorized by the Federal anchorage areas must comply with U.S. Coast
panels in section Energy Regulatory Commission Guard requirements. Does not authorize
10 waters limited under the Federal Power Act of structures in established danger zones, restricted
to 1/2-acre in 1920 do not require separate areas, etc. Upon completion of pilot project,
size authorization under Section 10 of associated structures and/or fills must be removed
the Rivers and Harbors Act of unless authorized by separate DA permit. Utility
1899. lines transferring energy to a distribution system,
regional grid, or other facility are generally
considered to be separate and complete linear
projects. An activity located on an existing,
maintained Corps project requires separate
approval under 33 USC 408. For wind energy
generating structures, solar towers, or overhead
transmission lines, district engineer coordinates
PCN and NWP verification with Department of
Defense Sitin Clearin house.
NWP 53 — Removal of Low- 10/404 none all activities yes all waters of the U.S. new NWP Authorizes the removal of low-head dams for
Head Dams stream restoration and public safety. "Low-head
dam" defined as a dam built to pass upstream
flows over the entire width of the dam crest on a
continual and uncontrolled basis. As a general
rule, compensatory mitigation is not required for
these activities because they result in net
increases in stream ecological functions and
services. NWP does not authorize regulated
activities for restoration of stream in vicinity of
former impoundment (these activities may be
authorized by NWP 27), or bank stabilization
activities (these activities may be authorized by
NWP 13 .
January 5, 2017 Page 10 of 11
Pre-Construction
Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information
Authority Threshold Required?
NWP 54 — Living Shorelines 10/404 . 30 feet all activities yes all waters of the U.S. new NWP Authorizes construction and maintenance of living
channelward of shorelines for shore erosion control. Living
mean low water shorelines consist of natural and man-made
in tidal waters materials. May include stone or reef structures to
or mean high protect the shoreline from low to moderate energy
water line in waves. Living shorelines must have a substantial
Great Lakes biological component, either tidal or lacustrine
(unless waived fringe wetlands or oyster or mussel reef structures.
by DE) Does not authorize beach nourishment or land
• 500 feet along reclamation activities. Discharges of dredged or fill
the bank material into waters of the United States, including
(unless waived the construction of fill structures such as sills or
by DE) breakwaters, must be the minimum necessary for
the establishment and maintenance of the living
shoreline.
January 5, 2017 Page 11 of 11