SPECIAL PUBLIC NOTICE
NATIONWIDE PERMITS IN TEXAS
AND
STATUS OF SECTION 401 WATER QUALITY CERTIFICATION AND COASTAL
ZONE MANAGEMENT ACT CONSISTENCY FOR THE NATIONWIDE PERMITS
IN TEXAS INCLUDING INDIAN COUNTRY
In the February 21, 2012, Federal Register (77 FR 10184-10290), the Corps of Engineers
(Corps) announced the reissuance of 48 existing Nationwide Permits (NWPs) and the issuance of
two new NWPs. The regional conditions are intended to provide additional protection of the
aquatic environment by ensuring that the NWPs authorize only those activities with minimal
adverse effects on the aquatic environment. Regional conditions help ensure protection of high
value waters within the districts. The NWP regional conditions for Texas have been finalized,
and the Corps decision documents for implementation of the regional conditions for Texas are
available for public viewing at the Galveston District Corps of Engineers, Regulatory Branch,
2000 Fort Point Road, Galveston, Texas 77550. Please contact Ms. Pamela Thibodeaux at
409-766-3932, or at pamela.thibodeaux@usace.army.mil to schedule viewing of these
documents.
In the February 21, 2012, Federal Register (77 FR 10184-10290), the Corps of Engineers (Corps) announced the reissuance of 48 existing Nationwide Permits (NWPs) and the issuance of two new NWPs. The regional conditions are intended to provide additional protection of the aquatic environment by ensuring that the NWPs authorize only those activities with minimal adverse effects on the aquatic environment. Regional conditions help ensure protection of high value waters within the districts. The NWP regional conditions for Texas have been finalized, and the Corps decision documents for implementation of the regional conditions for Texas are available for public viewing at the Galveston District Corps of Engineers, Regulatory Branch, 2000 Fort Point Road, Galveston, Texas 77550. Please contact Ms. Pamela Thibodeaux at 409-766-3932, or at pamela.thibodeaux@usace.army.mil to schedule viewing of these documents.
The U.S. Environmental Protection Agency has issued Clean Water Act Section 401 Water
Quality Certification (WQC) and Coastal Zone Management Act Consistency (Consistency) for
all Section 404 NWP activities in Indian country in Texas. The provisions/conditions of this
certification and consistency are posted at: http://www.swg.usace.army.mil/reg/permits.asp.
The Texas Commission on Environmental Quality (TCEQ) has issued conditional WQC and
Consistency with the Texas Coastal Management Program for the NWPs and the proposed
regional conditions in Texas (excluding Indian Country). The provisions/conditions of this
certification are posted at: http://www.swg.usace.army.mil/Missions/Permits.aspx. The Corps
Southwestern Division considers WQC for NWP 16 denied in all waters of the state since the
TCEQ condition requiring return water effluent from confined dredged material disposal areas
not to exceed 300 milligrams/liter of total suspended solids is not reasonably implementable or
enforceable. The applicant must seek an individual WQC with the TCEQ for NWP 16.
NWP Water Quality Certification and Coastal Zone Manage2ment Consistency for Texas
The Railroad Commission of Texas (RRC) issued conditional WQC and Consistency for the
NWPs and proposed regional conditions in Texas that include activities related to exploration,
development, and production of oil and gas and geothermal resources, including pipeline
transportation. The RRC has reviewed the Corps’ NWPs 2, 3, 6, 7, 8, 12, 14, 16, 18, 19, 20, 25,
38, 43, and 46. The RRC’s March 22, 2012, letter is posted at:
http://www.swg.usace.army.mil/Missions/Permits.aspx.
The General Land Office (GLO) issued Consistency with the Texas Coastal Management
Program for the NWPs. The GLO’s April 13, 2012, letter is posted at:
http://www.swg.usace.army.mil/Missions/Permits.aspx.
If you have any questions on this public notice, please contact:
Ms. Kristi N. McMillan
Regulatory Branch, CESWG-PE-RB
U.S. Army Corps of Engineers
P.O. Box 1229
Galveston, Texas 77553-1229
409-766-3083 Phone
409-766-6301 Fax
DISTRICT ENGINEER
GALVESTON DISTRICT
CORPS OF ENGINEERS