US Army Corps of Engineers
Galveston District Website Website

Regulatory Division Hot Topics

7 July 2020 - Regulatory Division Electronic Submittal Instructions

On July 19, 2020, the Galveston District’s Regulatory Division, will begin its transition into a paperless/electronic submittal as our primary means of accepting Regulatory business submittals. This includes, but is not limited to: Pre-application Meeting Requests, Applications for Section 10 Rivers and Harbors Act and Section 404 Clean Water Act Permits, Aquatic Resource Delineation Verifications, Jurisdictional Determinations, Mitigation Proposals, Purported Permit Non-Compliance and Alleged Non-Permitted Violations.  Please see the Special Public Notice for additional information.

18 May 2020 - Final 2018 National Wetland Plant List (NWPL)

The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.

The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at http://wetland-plants.usace.army.mil/.  State, regional, and national lists can also be downloaded from this site.

21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule

21 April 2020 - EPA and Army Publish the Navigable Waters Protection Rule The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250.  The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states . Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.

18 March 2020 -Announcement regarding the COVID-19 response plan

Beginning March 18, 2020, the Galveston District’s Regulatory Division began utilization of telework for all staff, including the Corpus Christi Regulatory Field Office.  Telework will continue for an undetermined amount of time.  During this period Regulatory personnel will be working from home utilizing alternative technology to access work files and communicate via email.  Personnel have received guidance to evaluate risk involved with conducting local travel to perform site visits, and when asked to participate in interagency and applicant/consultant meetings.  They have also received direction to remain aware of and adhere to local/municipality and state proclamations regarding participation in gatherings and meetings and exercise flexibility in methods of participation for meetings that USACE normally hosts.

To ensure the continued delivery of the nation’s Regulatory Program, additional flexibility to standard requirements will be implemented.  Electronic submittals and signatures will be utilized when possible.  Also, virtual meeting capabilities, such as webinars or use of Skype, will be used in certain instances.   Applicants, resource agencies and the general public should continue to submit information via previously utilized methods such as mail, email and telephonic contact.  Please be aware that there will be no personnel in either of the offices and the best form of contact at this time is via email.  We realize that this will impact all work products that are currently being evaluated by the Galveston District, but please understand that we are working to identify all strategies to make this impact minimal while doing our part to keep the public and our workforce safe.  This announcement will be periodically updated as procedures and strategies are identified and implemented as we work through these challenging times, so please check back regularly.

30 January 2020 - Galveston District Regulatory Program Workshop

Historical Regulatory Hot Topics

 

Special Public Notice - Entergy Texas, Inc. (Entergy) - WRDA 2000

Special Public Notice-SWG-2019-00067-Port of Corpus Christi-Corpus Christi Ship Channel-Nueces County, Texas

Special Public Notice - SWG-2016-01027 - Dow Chemical Company - Brazos River and Oyster Creek - Brazoria County, Texas

Special Public Notice - Flood Recovery and Repair Activities in the Galveston District, U.S. Army Corps of Engineers

 

To improve the customer service experience, the Regulatory Division has now established a Regulatory Hotline at 409-766-3869

Important Information on the Department of the Army Permitting Process and use of Nationwide Permits in the San Jacinto Waste Pits

Updated Jurisidictional Delineation GPS Procedures

Greetings from the Regulatory Division Chief

Dear Applicant,

Many proposed activities located near waters of the United States, including wetland areas, require a signed Department of the Army permit prior to the initiation of the project. To facilitate obtaining the necessary pemit, an application form and instruction sheets, with sample project plans, are found below. These materials outline the required submittals to our office and are provided for your use.

We have also included information regarding state approval of your proposal. Please note that the State of Texas has separate requirements for "structures" placed on or over submerged public lands. Should you have any questions regarding these requirements, please contact the appropriate state office directly.

The Regulatory Program has been established to protect the water resources of the United States. While considering your application for a permit, we will evaluate the probable impact of your proposed activity on the public interest, weighing the expected benefits that might be expected to accrue against reasonably foreseeable detriments. Concise project plans will certainly assists us in this evaluation. We also request, and consider, the views of other agencies, such as the Environmental Protection Agency, the National Marine Fisheries Service, the U.S. Fish and Wildlife Service, the Texas Parks and Wildlife Department, the Texas General Land Office and the Texas Commission on Environmental Quality.

The foundations for this program are laws passed by Congress, principally Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act, as amended. Within the framework of the applicable laws, it is our intention to make this program as responsive to the desires and needs of the public as possible.

To this end, we stand ready to assist you with our program in any way we can. Please do not hesitate to call the Regulatory Branch at 409-766-3869. To assist us in improving our service to you, please complete the customer service survey.

Sincerely,

Joseph A McMahan
Chief, Regulatory Division