On September 15, 2020, the U.S. Army Corps of Engineers (USACE) published in the Federal Register (www.govinfo.gov/content/pkg/FR-2020-09-15/pdf/2020-17116.pdf) its proposal to reissue 52 existing nationwide permits (NWPs), issue five new NWPs, and modify the general conditions and definitions. The USACE Philadelphia District also proposes to issue regional conditions that would be applicable to the proposed NWPs for activities in the States of New Jersey and Delaware (bit.ly/3cIVH7j). The October 24, 2020 water quality certification request for NWPs began the 60-day Clean Water Act Section 401 water quality certification (WQC) process.

After the 60-day period, the latest version of any written position taken by a state, Indian Tribe, or U.S. EPA on its WQC for any of the NWPs will be accepted as the state’s, Indian Tribe’s, or EPA’s final position on those NWPs. If the state, Indian Tribe, or EPA takes no action by the end of the review period, WQC will be considered waived for those NWPs.

The Wetlands and Subaqueous Lands Section is now in the process of reviewing the new NWPs, General Conditions, and the associated Regional Conditions with regards to establishing its position on approval or denial of WQC for each new NWP. As part of this process, public comments are being solicited at this time regarding the state’s WQC of the above-referenced federal permits, general conditions, and associated regional conditions.

These Documents/Applications above are available for review by contacting:

Wetlands and Subaqueous Lands Section
89 Kings Highway
Dover, DE 19901
302-739-9943

If you have any comments, please return this memo to this office by December 1, 2020.

A public hearing on the above applications will NOT be held unless the Secretary of DNREC determines that a public hearing is in the public interest or if a written meritorious objection to the application is received within 20 days from this notice. Please indicate in your letter whether your intention is to request a public hearing or whether you are simply providing comments for the Department’s consideration. If a public hearing is desired, please be advised that a public hearing request shall be deemed meritorious if it exhibits familiarity with the application and provides a reasoned statement of the action’s probable impact.

Related Topics:  corps of engineers, nationwide permits, permitting and regulation, public comment, public notice, subaqueous lands, water, wetlands