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Landowners and permit applicants received an email notification this week that the Army Corps of Engineers (Army Corps) would not be processing their requests for coverage under a...
To embed, copy and paste the code into your website or blog: On 13 January 2021, the U.S. Army Corps of Engineers (USACE) published its final rule (Final Rule) reissuing and modifying certain nationwide permits (NWP). 1 The Final Rule modifies and reauthorizes NWP 48, Commercial Shellfish Mariculture Activities, and creates two new NWPs: NWP 55, Seaweed Mariculture Activities, and NWP 56, Finfish Mariculture Activities. Our prior alert discussed the revisions to NWP 48 and the proposed NWPs 55 and 56: U.S. Army Corps Proposes New Nationwide Permits for Seaweed and Finfish Aquaculture in Coast...
The Corps issues two types of Clean Water Act Section 404 permits. An individual permit authorizes specific activities on a case-by-case basis. In contrast, a NWP is a general permit that provides standing permission for all activities that fit the description of the permit. Such permits provide for preauthorized permission for activities that conform to the standards of the NWP. Certain NWPs do require some type of authorization from or notice to the Corps prior to starting work. The Corps is required to periodically renew expiring NWPs. However, besides renewing the existing permits, the Co...