The Department of Natural Resources and Environmental Control (DNREC) Divisions of Water and Climate, Coastal and Energy hereby provide public notice of water quality certification and federal consistency review applications submitted by the U.S. Army Corps of Engineers (USACE). The USACE is proposing to re-issue 56 of the existing nationwide permits (NWPs), associated general conditions and definitions, with some modifications; to issue one new NWP (currently NWP A for activities that improve the passage of fish and other aquatic organisms and other important ecological processes); and to not reissue NWP 56, which authorized finfish mariculture activities in ocean and estuarine waters. The Philadelphia District of USACE also proposes to issue regional conditions for the NWPs for activities in the States of Delaware and portions of Maryland. Please visit de.gov/dnrecnotices for detailed information.

Division of Water: Water Quality Certification

The June 18, 2025, water quality certification request for NWPs began the 6-month Clean Water Act Section 401 water quality certification (WQC) process.

The Wetlands and Waterways Section is in the process of reviewing the existing and new NWPs, General Conditions, Definitions, 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, definitions, and associated regional conditions.

For questions regarding the water quality certification submission, please contact:

Wetlands and Waterways Section
89 Kings Hwy, Dover, DE 19901
Wetlands_LegalNotice@delaware.gov
302-739-9943

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. A public hearing request shall be deemed meritorious if it exhibits a familiarity with the application and provides a reasoned statement of the action’s probable impact.

Comments concerning this Water Quality Certification review will be accepted through September 16, 2025. Please submit all written comments and/or a meritorious request for a public hearing to the email address Wetlands_LegalNotice@Delaware.gov.

Division of Climate Coastal and Energy: Federal Consistency Determination Review

The proposed federal agency activity as described above is subject to review for consistency under the policies of the DNREC Coastal Management Program. The negotiated 6-month review period will end on December 18, 2025.

Comments concerning this Federal Consistency Determination review will be accepted through September 16, 2025. Comments or questions regarding federal consistency may be sent electronically to DNREC_DCP_PublicComment@delaware.gov (Please note that there are underscores between DNREC, DCP, and Public) or via mail to:

DNREC Coastal Programs
100 W. Water Street, Suite 7B
Dover, DE, 19904
(302)739-9283

For submission materials and additional information please visit de.gov/dnrecnotices.

Related Topics:  climate coastal energy, coastal programs, dcmp, federal consistency, nationwide permits, permitting and regulation, public notice, water, wetlands and waterways