My post on Feb 17, 2011 provided notice of the start of the process for reissuance of Nationwide Permits, which authorize limited fill of U.S. waters, including wetlands. The Seattle District office of the U.S. Army Corps of Engineers has now issued its list of proposed Revisions to Regional Conditions.  The Seattle District has jurisdiction across most of Washington State.  Comments on these changes must be submitted to the Seattle District office by April 8, 2011.

Following the national lead, the Seattle District is not proposing any sweeping changes to the use of Nationwide Permits in Washington State.  The current acreage limitations will remain intact.  However, for several permits, including NWP 29 for residential development and NWP 39 for commercial and industrial development, a new maximum 300 linear foot limitation is proposed for the loss of any intermittent or ephemeral stream bed. 

To address cumulative impacts of bulkheads in the Puget Sound, the Seattle District is looking at three options under NWP 13 including eliminating use of this nationwide permit for bank stabilization on the shores of Puget Sound or limiting the length of such measures to 300 or 500 feet.  Several general conditions are also being considered including mandating bioengineered bank stabilization or compensatory mitigation for bank stabilization in the Puget Sound. 

The Seattle District is also considering banning the use of most nationwide permits in dunal wetland systems along the Washington coast, vernal pools, camas prairie wetlands, estuarine wetlands and wetlands in coastal lagoons.  Mandating individual Section 404 permits for small fills in these systems would impose significant procedural barriers and cause long delays.

Once the Nationwide Permits are finalized, the Washington Department of Ecology will decide whether to allow these Nationwide Permits to be used and under what special conditions under its authority under Section 401 of the Clean Water Act and the Coastal Zone Management Act.  Tribes will be making similar determinations for the use of nationwide permits within tribal boundaries.  These decisions must be made within 90 days of the Federal Register notice announcing final issuance of Nationwide Permits.

The new Nationwide Permits go into effect on or before March 19, 2012.  Under current Corps regulations, activities under construction or under contract to commence construction in reliance on a nationwide permit generally remain authorized so long as the activity is completed within 12 months of the date a nationwide permit expires.  Anyone whose activities may be affected by the proposed changes to nationwide permits should plan on obtaining coverage under the existing nationwide permits and be under contract before next March.