CORPS OF ENGINEERS REGULATORY PROGRAM
REISSUANCE AND ISSUANCE OF NATIONWIDE PERMITS
WITH OHIO ENVIRONMENTAL PROTECTION AGENCY
401 WATER QUALITY CERTIFICATION
and
OHIO DEPARTMENT OF NATURAL RESOURCES CONSISTENCY DETERMINATION UNDER THE COASTAL ZONE MANAGEMENT ACT
On January 6, 2017, the U.S. Army Corps of Engineers (Corps) published in the Federal Register (82 FR 1860) the final rule for the administration of its nationwide permit (NWP) program regulations under the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and the Marine Protection, Research and Sanctuaries Act. The rule became effective on March 19, 2017. These NWPs will expire on March 18, 2022.
An integral part of the Corps’ regulatory program is the concept of NWPs for minor activities. NWPs are activity specific and are designed to relieve some of the administrative burdens associated with permit processing for both the applicant and the Federal government. The NWPs are issued by the Chief of Engineers and are intended to apply throughout the entire U.S. and its territories. The Corps Districts representing Ohio have imposed regional conditions on the NWPs that are applicable throughout the entire state. For convenience, all NWPs with the appropriate regional, general, and special conditions are attached.
The NWPs are not valid until the appropriate state agency certifies the discharge does not violate state water quality standards. The Ohio Environmental Protection Agency (OEPA) granted water quality certification and imposed general conditions on NWP 19, and specific conditions on NWP nos. 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 18, 20, 22, 23, 25, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 45, 49, 51, and 53.
The OEPA denied water quality certification for NWP 17-Hydropower Projects, NWP 21- Surface Coal Mining Activities, NWP 44-Mining Activities, NWP 46-Discharges in Ditches (revoked for use in Ohio), NWP 48-Commercial Shellfish Aquaculture Activities, NWP 50-Underground Coal Mining Activities, and NWP 52-Water-Based Renewable Energy Generation Pilot Projects (revoked for use in Ohio). Discharges that are NOT included in OEPA’s certification of the NWPs must obtain either individual water quality certification or a waiver from:
Ohio Environmental Protection Agency
Division of Surface Water
PO Box 1049
Columbus, Ohio 43216-1049
(614) 644-2001
In addition, any state with a federally-approved Coastal Zone Management Act (CZMA) plan must agree with the Corps determination that the activities authorized by NWPs which are within, or will affect any land or water uses or natural resources of the state’s coastal zone, are consistent with the CZMA plan. The Ohio Department of Natural Resources (ODNR) concurred with the Corps Federal Consistency Determination on NWPs nos. 1, 2, 4, 5, 6, 8, 9, 10, 11, 16, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 39, 40, 41, 42, 43, 45, 48, 49, 50, 51, and 53, and imposed specific conditions on NWP nos. 3, 7, 12, 13, 14, 15, 17, 18, 36, and 54. Activities which are NOT included in ODNR’s concurrence of the NWPs must obtain a project specific CZMA consistency determination from:
Ohio Department of Natural Resources
Office of Coastal Management
105 West Shoreline Drive
Sandusky, Ohio 44870
(419) 626-7980
Some NWP activities may proceed without notifying the Corps, as long as those activities comply with all applicable terms and conditions of the NWPs, including regional conditions imposed by division engineers. A non-reporting NWP may become a reporting NWP (requires the submittal of a Pre-Construction Notification [PCN] to the Corps in accordance with NWP General Condition 32 and Regional General Condition 6) if the activity has the potential to affect a historic property (See NWP General Condition 20), federally-listed endangered or threatened species or their habitat (See NWP General Condition 18), waters of special concern (Regional General Condition 5), National Wild and Scenic Rivers (See NWP General Condition 16 and Regional General Condition 6(d)) or waters listed in Regional General Condition 4 during the in-water restriction periods established by the ODNR. Applicants must review the water quality certification general and NWP-specific terms and conditions and submit an application to the OEPA, at the address provided above, when an individual 401 Water Quality Certification is required.
Many of the proposed NWPs require advance notification (PCN) to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects. The notification must be made in writing as early as possible prior to commencing the proposed activity. The notification procedures are located under NWP General Condition 32 and Regional General Condition 6. The notification to the Corps can be made concurrently with the request for individual state water quality certification, if required. The district engineer may require an individual permit for any activity determined to have more than minimal adverse environmental effects, individually or cumulatively, on the aquatic environment or would be contrary to the public interest.
The NWPs provide a simplified, expeditious means of project authorization under the various authorities of the Corps. We encourage prospective permit applicants to consider the advantages of NWP authorization during the preliminary design of their projects. Assistance and further information regarding all aspects of the Corps regulatory program may be obtained by contacting:
BUFFALO DISTRICT
Address: U.S. Army Corps of Engineers, Buffalo District
1776 Niagara Street
Buffalo, New York 14207-3199
Phone: (716) 879-4330
HUNTINGTON DISTRICT
Address: U.S. Army Corps of Engineers, Huntington District
502 Eighth Street
Huntington, West Virginia 25701-2070
Phone: (304) 399-5210
LOUISVILLE DISTRICT
Address: U.S. Army Corps of Engineers, Louisville District
Post Office Box 59
Louisville, Kentucky 40201-0059
Phone: (502) 315-6733
PITTSBURGH DISTRICT
Address: U.S. Army Corps of Engineers, Pittsburgh District
William S. Moorhead Federal Building
1000 Liberty Avenue
Pittsburgh, Pennsylvania 15222-4186
Phone: (412) 395-7155