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2021 NWP Reissuance (MO)

USACE SWL
Published Feb. 10, 2022

SUBJECT: Special Public Notice for the Nationwide Permit Reissuance and Regional Conditions for the State of Missouri – Issuance of Regional Conditions.

SUMMARY:  On December 27, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 73522) announcing the reissuance of 40 existing nationwide permits (NWPs) and one new NWP, as well as the reissuance of NWP general conditions and definitions with some modifications.  These 41 NWPs will go into effect on February 25, 2022, and will expire on March 14, 2026:

• NWP 1 – Aids to Navigation
• NWP 2 – Structures in Artificial Canals
• NWP 3 – Maintenance
• NWP 4 – Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
• NWP 5 – Scientific Measurement Devices
• NWP 6 – Survey Activities
• NWP 7 – Outfall Structures and Associated Intake Structures
• NWP 8 – Oil and Gas Structures on the Outer Continental Shelf
• NWP 9 – Structures in Fleeting and Anchorage Areas
• NWP 10 – Mooring Buoys
• NWP 11 – Temporary Recreational Structures
• NWP 13 – Bank Stabilization
• NWP 14 – Linear Transportation Projects
• NWP 15 – U.S. Coast Guard Approved Bridges
• NWP 16 – Return Water From Upland Contained Disposal Areas
• NWP 17 – Hydropower Projects
• NWP 18 – Minor Discharges
• NWP 19 – Minor Dredging
• NWP 20 – Response Operations for Oil or Hazardous Substances
• NWP 22 – Removal of Vessels
• NWP 23 – Approved Categorical Exclusions
• NWP 24 – Indian Tribe or State Administered Section 404 Programs
• NWP 25 – Structural Discharges
• NWP 27 – Aquatic Habitat Restoration, Establishment, and Enhancement Activities
• NWP 28 – Modifications of Existing Marinas
• NWP 30 – Moist Soil Management for Wildlife
• NWP 31 – Maintenance of Existing Flood Control Facilities
• NWP 32 – Completed Enforcement Actions
• NWP 33 – Temporary Construction, Access, and Dewatering
• NWP 34 – Cranberry Production Activities
• NWP 35 – Maintenance Dredging of Existing Basins
• NWP 36 – Boat Ramps
• NWP 37 – Emergency Watershed Protection and Rehabilitation
• NWP 38 – Cleanup of Hazardous and Toxic Waste
• NWP 41 – Reshaping Existing Drainage Ditches
• NWP 45 – Repair of Uplands Damaged by Discrete Events
• NWP 46 – Discharges in Ditches
• NWP 49 – Coal Remining Activities
• NWP 53 – Removal of Low-Head Dams
• NWP 54 – Living Shorelines
• NWP 59 – Water Reclamation and Reuse Facilities

The 40 existing NWPs published in the December 27, 2021 final rule replace the 2017 versions of these NWPs.  The 2017 versions of these NWPs expire on February 24, 2022. According to 33 CFR § 330.6(b), activities which have commenced (i.e, are under construction) or are under contract to commence in reliance upon an NWP that was verified under the 2017 NWP, will remain authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation. If an activity that was verified under these 40 existing NWPs has commenced or is under contract to commence, they will remain authorized until February 24, 2023.

REGIONAL CONDITIONS:  With the publication of these NWPs in the Federal Register, the Northwestern Division has finalized regional conditions for these 41 NWPs in Missouri.  Regional conditions provide additional protection for the aquatic environment and help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental
effects.  Regional conditions help ensure protection of high value waters within the Little Rock District.  The Regional Conditions are enclosed.

WATER QUALITY CERTIFICATION:  The Section 401 Water Quality Certifications (WQCs) have been issued for Section 404 NWP activities by the Missouri Department of Natural Resources (MDNR).  The WQCs were reviewed by the Northwestern Division (NWD) Commander and WQC for NWPs 17, 32, 34, 37, 38, and 49 are denied and will require individual WQC from MDNR. For NWPs 3, 4, 5, 6, 7, 13, 14, 15, 16, 18, 19, 20, 22, 23, 25, 27, 30, 31, 33, 36, 41, 45, 46, 53, 54, and 59, NWD has determined the MDNR WQC conditions enclosed are added as regional conditions.

NWP 2021:  There are 16 NWPs that have been issued, reissued, or modified in the January 13, 2021, issue of the Federal Register (86 FR 2744) and these NWPs remain in effect until March
14, 2026.  The 16 NWPs that are currently in effect are:

• NWP 12 – Oil or Natural Gas Pipeline Activities
• NWP 21 – Surface Coal Mining Activities
• NWP 29 – Residential Developments
• NWP 39 – Commercial and Institutional Developments
• NWP 40 – Agricultural Activities
• NWP 42 – Recreational Facilities
• NWP 43 – Stormwater Management Facilities
• NWP 44 – Mining Activities
• NWP 48 – Commercial Shellfish Mariculture Activities
• NWP 50 – Underground Coal Mining Activities
• NWP 51 – Land-Based Renewable Energy Generation Facilities
• NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
• NWP 55 – Seaweed Mariculture Activities
• NWP 56 – Finfish Mariculture Activities
• NWP 57 – Electric Utility Line and Telecommunications Activities
• NWP 58 – Utility Line Activities for Water and Other Substances

The January 13, 2021, Federal Register notice for the 16 NWPs is available for viewing at:  https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-andmodification-of-nationwide-permits.

As an alternative, interested parties can access the January 13, 2021, final rule and related documents at:  https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/.

The December 27, 2021, Federal Register notice for the 41 NWPs is available for viewing at:  https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-andmodification-of-nationwide-permits.

All Little Rock District NWP Documents and information will be posted at:  https://www.swl.usace.army.mil/Missions/Regulatory/Types-of-Permits/.

POINT OF CONTACT:  If you have questions or need additional information please contact Lisa Boyle via email at lisa.a.boyle@usace.army.mil or by phone at (501) 340-1385.

Enclosures:
- Regional Conditions
- Section 401 Water Quality Certification Conditions (40 + 1 NWPs)