PUBLIC NOTICE ANNOUNCING THE REISSUANCE OF THE 2017 NATIONWIDE PERMITS (NWP) AND THE HONOLULU DISTRICT REGIONAL CONDITIONS

                                                                                     PUBLIC NOTICE

                               ANNOUNCING THE REISSUANCE OF THE 2017 NATIONWIDE PERMITS (NWP)

                                             AND THE HONOLULU DISTRICT REGIONAL CONDITIONS

The 2017 NWPs issued by Headquarters, U.S. Army Corps of Engineers (Corps) will go into effect on March 19, 2017 and will expire on March 18, 2022. The Honolulu District finalized the attached Regional Conditions to the 2017 NWPs, effective throughout the duration of the 2017 NWPs.

Draft proposed Regional Conditions were published by Public Notice June 7, 2016, soliciting public input. Comments received during the initial public notice comment period were considered and resulted in several changes to the draft proposed Regional Conditions. The final Regional Conditions reflect these changes.

Regional conditions place additional restrictions on use of the NWPs in the Honolulu District to ensure that the NWPs authorize only those activities that result in no more than minimal adverse environmental effects, individually and cumulatively. The Honolulu District Regional Conditions will help ensure protection of highly valued aquatic and natural resources of this region.

Additional information regarding use of the NWPs in the Honolulu District, including the Regional Conditions and submitting a Pre-Construction Notification (PCN) will be made available on our website at http://www.poh.usace.army.mil/Missions/Regulatory/ by March 19, 2017. Pending final decisions by state and territory certifying agencies, information regarding requisite Section 401 Water Quality Certification and Coastal Zone Management Consistency Determination for the 2017 NWPs will be posted to our website as it becomes available. The Honolulu District will be hosting public information sessions in the near future to inform applicants of the changes, restrictions, requirements for a complete PCN and tips for efficient review. Information on these sessions is forthcoming. If you would like to be notified of upcoming 2017 NWP Information Sessions, please submit a request via email to NWP2017@usace.army.mil with your contact information and you will be included on our distribution list.

The NWPs, as published in the January 6, 2017, Federal Register notice and the Corps’ decision documents for the new and reissued NWPs are available on the Corps’ website at:

http://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/. 

The national NWP decision documents were supplemented by the Pacific Ocean Division Engineer to address decisions concerning the addition of regional conditions to the NWPs in the Honolulu District. These documents can be made available upon request under the Freedom of Information Act.

Enclosed is a copy of the final NWPs and general conditions (as excerpted from the January 6, 2017, Federal Register notice) and the final Honolulu District Regional Conditions.

Index of Nationwide Permits, Conditions, District Engineer’s Decision, Further Information, and Definitions

Nationwide Permits
1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Associated Intake Structures
8. Oil and Gas Structures on the Outer Continental Shelf
9. Structures in Fleeting and Anchorage Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Utility Line Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. U.S. Coast Guard Approved Bridges
16. Return Water From Upland Contained Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Response Operations for Oil or Hazardous Substances
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. Indian Tribe or State Administered Section 404 Programs
25. Structural Discharges
26. [Reserved]
27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities
28. Modifications of Existing Marinas
29. Residential Developments
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access, and Dewatering
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Commercial and Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage Ditches
42. Recreational Facilities
43. Stormwater Management Facilities
44. Mining Activities
45. Repair of Uplands Damaged by Discrete Events
46. Discharges in Ditches
47. [Reserved]
48. Commercial Shellfish Aquaculture Activities
49. Coal Remining Activities
50. Underground Coal Mining Activities
51. Land-Based Renewable Energy Generation Facilities
52. Water-Based Renewable Energy Generation Pilot Projects
53. Removal of Low-Head Dams
54. Living Shorelines

General Conditions
1. Navigation
2. Aquatic Life Movements
3. Spawning Areas
4. Migratory Bird Breeding Areas
5. Shellfish Beds
6. Suitable Material
7. Water Supply Intakes
8. Adverse Effects from Impoundments
9. Management of Water Flows
10. Fills Within 100-Year Floodplains
11. Equipment
12. Soil Erosion and Sediment Controls
13. Removal of Temporary Fills
14. Proper Maintenance
15. Single and Complete Project
16. Wild and Scenic Rivers
17. Tribal Rights
18. Endangered Species
19. Migratory Bird and Bald and Golden Eagle Permits
20. Historic Properties
21. Discovery of Previously Unknown Remains and Artifacts
22. Designated Critical Resource Waters
23. Mitigation
24. Safety of Impoundment Structures
25. Water Quality
26. Coastal Zone Management
27. Regional and Case-by-Case Conditions
28. Use of Multiple Nationwide Permits
29. Transfer of Nationwide Permit Verifications
30. Compliance Certification
31. Activities Affecting Structures or Works Built by the United States
32. Pre-Construction Notification

District Engineer’s Decision
Further Information
Definitions

Regional Conditions
1. Revoked Permits
2. Limited Use Areas
3. Acreage Limitation
4. Stream Channelization and Impoundment Restriction
5. NWP Verification
6. Pre-Construction Notification (PCN)
7. Additional PCN Information
8. Best Management Practices
9. Bank Stabilization