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Nationwide Permits
Need to Meet:
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NWP requirements
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General Conditions
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Water Quality
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As discussed under
33 CFR
Part 330, Nationwide Permits (NWPs) are a type of general permit
issued by the Chief of Engineers and are designed to regulate with
little, if any, delay or paperwork certain activities having minimal
impacts. The NWPs are proposed, issued, modified, reissued
(extended), and revoked from time to time after an opportunity for
public notice and comment. Proposed NWPs or modifications to or
reissuance of existing NWPs will be adopted only after the Corps gives
notice and allows the public an opportunity to comment on and request a
public hearing regarding the proposals. An activity is authorized
under a NWP only if that activity and the permittee satisfy all of the
NWP's terms and conditions. Activities that do not qualify for
authorization under a NWP still may be authorized by an Individual
Permit (IP) or a Regional General Permit (RGP).
Per NWP General Condition (GC) 23 (Regional and Case-By-Case
Conditions): The activity must comply with any regional conditions that
may have been added by the Division Engineer (see 33 CFR 330.4(e)) and
with any case specific conditions added by the Corps or by the state,
Indian Tribe, or U.S. EPA in its section 401 Water Quality
Certification, or by the state in its Coastal Zone Management Act
consistency determination.
Regional Conditions (Galveston District includes portions of
TX and LA)
Section 401 Water Quality Certification (Texas)
The Louisiana Department of Environmental Quality (LDEQ) has
denied WQC for NWPs 21, 29, 31, 39, 40, 43, and 44, but has issued WQC for
all other NWPs. Until WQC has been issued in the State of Texas,
applicants must obtain individual WQC from TCEQ in order to be authorized to
conduct work under the final NWPs. The USACE Districts in Texas, with
the Galveston District as the Lead District, will issue a public notice for
the State of Texas about the NWPs, including the final regional conditions
for the NWPs, Soon. |