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<br /> <br />Nationwide Permitting Process/Wetlands: On August 10th, the u.s. Army Corps of Engineers (USACE) <br />published a proposal for modifications to its nationwide permitting (NWP) process in the Federal Register. <br />The modifications will be open for public comment for 45 days. <br /> <br />Nationwide permits authorize discharges of dredge and fill material to waters of the U.S. for activities with <br />minimal environmental impacts. The full text of the proposed changes is on the Internet at: <br />http://www .access. gpo. gOV I su docs/fedregj aO 1 0809c.htrnl. <br /> <br />On July 31st the USACE also issued a draft Programmatic Environmentallmpact Statement (PEIS) for the <br />Nationwide Permit Program. The draft PEIS can be downloaded from the Internet at: <br />htto:llwww.iwr.usace.armV.milliwrlRegulatorv/regulintro.htm#DPEIS 1?df. <br /> <br />The following is a summary of changes to the Nationwide Permits: <br /> <br />. For NWP 21, relating to Surface Coal Mining - The proposed permit includes two changes designed to <br />increase protection of the aquatic environment. <br /> <br />. For all Nationwide Permits - The Corps is proposing to require compliance with FEMA approved state <br />and local floodplain management requirements for any authorized projects located in the 100-year <br />floodplain. <br /> <br />. For NWP 31, relating to Maintenance of Existing Flood Control Facilities - The Corps recognizes the <br />cyclic growth of vegetation in flood control channels and proposes to require appropriate mitigation up <br />front, as part of an approved maintenance plan. The changes also simplify the provisions for use ofthe <br />permit during emergencies. <br /> <br />. For NWPs 39, 40, 42 and 43, relating to Residential, CotiUnercial, Institutional Developments (39), <br />Agriculture Activities (40), Recreational (42) and Stormwater Management facilities (43) - The Corps <br />proposes to maintain the protective acreage limits established in June 2000. <br /> <br />. For Nationwide Permit (NWP) 14, which relates to Line,ar Transportation Crossings - The Corps is <br />proposing to standardize acreage limits for both public and private applicants as follows: a maximum of <br />1/2-acre of impacts to non-tidal wetlands, and 1/3-acre of impacts to tidal wetlands. <br /> <br />. For NWP 27, regarding Wetland and Riparian Restoration and Creation - The Corps proposes to simplify <br />four land categories into three. <br /> <br />. For NWP 37, pertaining to Emergency Watershed Protection - The Corps proposes including activities of <br />the Department of Interior's Wildland Fire Management Bumed Area Emergency Stabilization and <br />Rehabilitation Program within the scope of the permit upon the agency's request. <br /> <br />. For NWP 39, relating to Residential, Commercial and Institutional Developments - The Corps proposes <br />simplifying the subdivision provision to clarify that the 1/2-acre limit on wetland impacts is applied once <br />to the entire subdivision, including all infrastructure and all individual lots. The Corps is also proposing <br />to allow, on a case-by-case basis, impacts to streams below the l-cfs flow point, as long as these impacts <br />are minimal. <br /> <br />. For NWP 42, relating to Recreation - The Corps requ~sts suggestions regarding criteria, standards and <br />best management practices relating to NWPs for recreation facilities. <br /> <br />. For General Condition 19, relating to Mitigation - The Corps is proposing to increase flexibility to allow <br />the most environmentally appropriate type of mitigation. The revision is intended in particular to focus <br />attention on the need for strong stream protection measures, such as the use of vegetated buffers. <br /> <br />4 <br /> <br />I <br /> <br />. <br /> <br /> <br />. <br /> <br />. <br />