10 September 2024 - Regulatory Program Information in Support of Hurricane Francine Response and Recovery
Due to anticipated widespread damages and risks to public safety and well-being that could potentially occur from the anticipated landfall of Hurricane Francine on the Louisiana Gulf coast, the U.S. Army Corps of Engineers, New Orleans District (CEMVN) has implemented special emergency permitting procedures on September 10, 2024, pursuant to 33 CFR 325.2(e)(4), to expedite the processing of permit applications for storm-related response and recovery work.
To initiate an emergency permit request, the applicant is encouraged to provide basic plans/drawings summarizing the emergency situation, briefly describing the proposed work and location, and an estimate of the acreage of waters and/or wetlands to be impacted, preferably via email, to CEMVN. For work in the Louisiana Coastal Zone (LCZ), applicants should also submit this information to the Louisiana Department of Energy and Natural Resources, Office of Coastal Management (OCM). CEMVN will promptly coordinate the proposed project with State and Federal resource/regulatory agencies and, if possible, a permit decision will be made within 24-48 hours of the request. Approvals will be granted via Programmatic General Permit if located in the LCZ or MVN General Permit-20 if located outside the LCZ. Because emergency authorizations are temporary, permittees will be required to submit a site restoration plan OR permit application to maintain the work, if so desired, within 30 days of emergency permit approval. These follow-up applications will then be evaluated in accordance with General Permit or Standard Permit procedures, as appropriate.
Any questions regarding the above described emergency permitting process may be directed to Martin S. Mayer, Chief, Regulatory Division at (504) 715-1897 or by e-mail at martin.s.mayer@usace.army.mil; Brad A. Guarisco, Deputy Chief, Regulatory Division at (504) 862-2274 or by e-mail at brad.a.guarisco@usace.army.mil; Darrell S. Barbara, Chief, Western Evaluation Branch or by e-mail at darrell.s.barbara@usace.army.mil; John M. Herman, Chief, Central Evaluation Branch at (504) 862‑1581 or by e-mail at john.m.herman@usace.army.mil; or Brad Laborde, Chief, Eastern Evaluation Branch at (504) 862-2225 or by e-mail at brad.laborde@usace.army.mil; Gail Gainey, Chief, Jurisdiction and Enforcement Branch at (504) 862-2274 or by email at sandra.g.gainey@usace.army.mil. If the proposed activity involves alteration of a Federal Project, Ms. Amy Powell may be reached at (504) 862-2241 or by e-mail at amy.e.powell@usace.army.mil. For emergency work in the LCZ, inquires may be directed to Mr. Kyle Balkum who can be reach at (225) 342-6470 or by email at Kyle.Balum@LA.gov or Ms. Christine Charrier at (225) 342-7953 or by email at christine.charrier@la.gov.
15 May 2024 - Announcing the new national online Regulatory Request System (RRS) is now available for submitting permit applications.
USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for permit applications. This platform has been introduced to modernize our permit application process and to address our users' expectations by providing a straightforward and transparent process for the submittal of permit requests.
RRS is a web-based platform currently in a beta version that enables users to submit pre-application meeting requests, jurisdictional determination requests, and now applications for individual and general permits. This new system aims to streamline the process, improve efficiency, and provide a more user-friendly experience for our applicants.
We believe that RRS will not only benefit applicants by simplifying the application process but will also enhance our ability to effectively manage and review permit requests. We are confident that this modernization initiative will lead to improved customer satisfaction and greater overall efficiency within our Regulatory Program.
Please note that permit applications for work occurring within the Louisiana Coastal Zone need to be submitted through the Louisiana Department of Energy and Natural Resources (LDENR) as normal; the RRS system does not have Joint Permit Application capability at this time but will in the future. Here is the link to LDENR: https://www.dnr.louisiana.gov/index.cfm/page/93.
For proposed work outside of the Louisiana Coastal Zone, we encourage applicants to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!
For additional information on or to provide feedback on RRS, please contact us using the following email: rrs@usace.army.mil.
24 January 2023 - 2022 National Wetland Plant List Was Released In The Federal Register for Public Comment.
On January 20, 2023, the U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, announced the availability of the draft changes to the 2022 National Wetland Plant List (NWPL) and provided a web address to solicit public comments. The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West region. The Federal Register Notice (FRN) for the 2022 NWPL update can be found here:
https://www.federalregister.gov/documents/2023/01/20/2023-01026/national-wetlandplant-list The public comment period ends on 21 March 2023. Click here for the full special public notice article.
01 December 2022 - Notice of Availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams
The U.S. Army Corps of Engineers (USACE) and the U.S. Environmental Protection Agency (EPA) jointly announce the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and are soliciting public comments on this Interim Draft. The Interim Draft of the National OHWM Manual does not imply or represent a change to the definition of “ordinary high water mark” (OHWM) or “Waters of the U.S.” nor does it change existing guidance related to the OHWM (e.g., Regulatory Guidance Letter No. 05-05). Instead, the Interim Draft of the National OHWM Manual provides draft technical guidance for identifying aquatic resources that may be subject to regulatory jurisdiction under Section 404 of the Clean Water Act (CWA) and/or Sections 9 and 10 of the Rivers and Harbors Act of 1899 (RHA), by providing a standard process, uniform datasheets, and unified field procedures to identify and delineate the OHWM of rivers and streams located throughout the Nation. The Interim Draft of the National OHWM Manual was developed by the National Technical Committee for OHWM, which includes experts from Federal agencies and academia. The document provides a scientifically based, rapid framework to support OHWM identification and delineation in a consistent, robust, repeatable, and defensible way. Click here to see the entire public notice.
23 September 2022 - Notice of Availability of the Final Mid-Barataria Sediment Diversion Project Environmental Impact Statement
The Coastal Protection and Restoration Authority of Louisiana (CPRA or Applicant) submitted a Permit Application to the U.S. Army Corps of Engineers (USAGE), New Orleans District (CEMVN) for a Department of the Army (DA) permit under Section 10 of the Rivers and Harbors Act of 1899 (33 United States Code [USC] §403) and Section 404 of the Clean Water Act (CWA) (33 USC §1344) (collectively referred to as "Section 10/404") and submitted a Section 408 Permission Request Letter (33 USC §408) to construct, maintain, and operate the proposed Mid-Barataria Sediment Diversion (MBSD) on the right descending bank of the Mississippi River, at approximately 60.7 miles above "Head of Passes" in Plaquemines Parish, Louisiana.
In accordance with the National Environmental Policy Act (NEPA), CEMVN has prepared a Final Environmental Impact Statement (EIS) to analyze the potential impacts of the proposed MBSD Project and a range of reasonable alternatives, including No Action, on the natural and human environment. A Notice of Availability (NOA) of the Final EIS for 30-day public review will be published in the Federal Register on September 23, 2022.
The Final EIS will be used to inform USACE's decisions regarding CPRA's permit application and permission request and may inform the decisions of other agencies that evaluate the proposed MBSD Project as part of their regulatory or permit processes. The information in the Final EIS will help decision makers, public officials, and citizens to understand the potential environmental impacts of the proposed MBSD Project and its alternatives before decisions regarding the proposed MBSD Project are made.
The Final EIS and supporting documents will be available on the CEMVN MBSD Project website for the 30-day public review, that will be from September 23, 2022 to October 24, 2022, at: http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Mid-Barataria-SedimentDiversion-EIS/, or upon request. Hard copies and/or electronic versions of the Final EIS may also be viewed at the locations identified at the end of this special public notice. Click here to view the special public notice
05 January 2022 - Navigable Waters Protection Rule Vacatur
For more details on this vacatur, here is a link to the USACE HQ article: https://www.usace.army.mil/Media/Announcements/Article/2888988/5-january-2022-navigable-waters-protection-rule-vacatur/
04 January 2022 - Federal Register Notice Announcing the Reissuance of the Nationwide Permits
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. These 41 NWPs will go into effect on February 25, 2022, and they 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 new NWP 59 authorizes discharges of dredged or fill material into waters of the United States for the construction, expansion, and maintenance of water reclamation and reuse facilities.
The Corps has also issued final decision documents for these new and reissued
NWPs. These final decision documents are available at www.regulations.gov at docket number COE-2020-0002.
The 40 existing NWPs published in the December 27, 2021, final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 25, 27, 28, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 45, 46, 49, 53, and 54 expire on February 24, 2022.
The NWP general conditions and definitions that were issued in the final rule that was published in the January 13, 2021, issue of the Federal Register (86 FR 2744) apply to the 40 reissued NWPs and the new NWP 59 that were published in the Federal Register on December 27, 2021.
With the publication of this Federal Register notice, Corps divisions will begin finalizing regional conditions for these 41 NWPs. Division Engineers will prepare supplemental documentation to address decisions concerning the addition of regional conditions to the 41 NWPs. Regional conditions will provide additional protection for the aquatic environment, and will help ensure that the NWPs authorize only those activities that have no more than minimal adverse environmental effects. Regional conditions will help ensure protection of high value waters within state of Louisiana.
Corps divisions and districts will also begin determining which conditions for water quality certifications issued by states, tribes, and EPA for the issuance of these 41 NWPs become regional conditions of these NWPs. Corps divisions and districts will also begin determining which conditions for Coastal Zone Management Act consistency concurrences issued by states for the issuance of these 41 NWPs become regional conditions of these NWPs. Water quality certification and Coastal Zone Management Act consistency regional conditions will be announced in a future public notice issued by the New Orleans District.
The December 27, 2021, Federal Register notice is available for viewing at https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-and-modification-of-nationwide-permits
The January 13, 2021, Federal Register notice is available for viewing at: https://www.federalregister.gov/documents/2021/01/13/2021-00102/reissuance-and-modification-of-nationwide-permits
As an alternative, interested parties can access the December 27, 2021, and January 13, 2021, final rules and related documents at: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
08 March 2021 - Nationwide Permit Regional Conditions for Louisiana
On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published notice in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing Nationwide Permits (NWPs) and four new NWPs, as well as the reissuance of NWP
general conditions and definitions with some modifications. These NWPs will go into effect on March 15, 2021 and will expire on March 14, 2026:
• 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
On February 10, 2021, the Mississippi Valley Division Engineer approved regional conditions for the state of Louisiana. These conditions apply to all activities authorized by these 16 NWPs. Regional conditions provide additional protections for
the aquatic environment by ensuring that the NWPs authorize only those activities with minimal adverse effects on the aquatic environment. The New Orleans District has posted the regional conditions for NWPs issued in Louisiana on our Regulatory
webpage at: http://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Nationwide-Permits-Program/
Click here for the special public notice on the release of the 2021 Louisiana Regional Conditions.
05 March 2021 - Notice of Availability of the Draft Mid-Barataria Sediment Diversion Project Environmental Impact Statement issued in the federal register (86 FR 12942)
The Coastal Protection and Restoration Authority of Louisiana (CPRA or Applicant) submitted a Permit Application to the U.S. Army Corps of Engineers (USACE), New Orleans District (CEMVN) for a Department of the Army (DA) permit under Section 10 of the Rivers and Harbors Act of 1899 (33 United States Code [USC] 403) and Section 404 of the Clean Water Act (CWA) (33 USC 1344) (collectively referred to as “Section 10/404”) and submitted a Section 408 Permission Request Letter (33 USC 408) to construct, maintain, and operate the proposed Mid-Barataria Sediment Diversion (MBSD) on the right descending bank
of the Mississippi River, at approximately 60.7 miles above “Head of Passes” in Plaquemines Parish, Louisiana. In accordance with the National Environmental Policy Act (NEPA), CEMVN has prepared a Draft Environmental Impact Statement (EIS) to analyze the potential impacts of the proposed MBSD Project and a range of reasonable alternatives, including No Action, on the
natural and human environment. The Draft EIS will be used to inform CEMVN’s decisions regarding CPRA’s permit application and permission request and may inform the decisions of other agencies that will review the proposed MBSD Project as part of their regulatory or permit processes. The information in the Draft EIS will help decision makers, public officials, and
citizens to understand the potential environmental impacts of the proposed MBSD Project and its alternatives before decisions regarding the proposed MBSD Project are made.
Please see the attached special public notice notifying you of the 60-day review and comment period for the proposed Mid-Barataria Sediment Diversion (MBSD) Draft Environmental Impact Statement (EIS). The MBSD Draft EIS is in response to your comments from the July 2017 scoping period. The 60-day review and comment period extends from March 5, 2021 to May 4, 2021.
In addition to your review and comment, please consider participating in one of our virtual public meetings scheduled for April 6, April 7, and April 8. An additional public notice with instructions about how to participate will be sent to you two weeks prior to the first meeting.
13 January 2021 - MVN Issues a Special Public Notice for the Federal Register Notice Announcing the Reissuance of the Nationwide Permits
On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026. Click here to see the full NWP public notice.
13 November 2020 - MVN Issues a Special Public Notice Announcing the Clean Water Act Section 401 Certification Rule
Section 401 of the Clean Water Act (CWA 401) requires water quality certifications for any federally licensed or permitted projects that may result in a discharge into waters of the United States. This certification process ensures that the discharge complies with applicable water quality requirements. On September 11, 2020, the Environmental Protection Agency (EPA), published the Clean Water Act Section 401 Certification Rule (85 Fed. Reg. 42,210 (July 13, 2020)). This CWA 401 Certification Rule (40 CFR Part 121) establishes standard procedures across the nation that promote consistent implementation of CWA Section 401 and regulatory certainty in the federal permitting process. In addition, this rule also provides states and authorized tribes with an important tool to help protect the water quality of federally regulated waters within their borders, in collaboration with federal agencies.
The CWA Certification Rule addresses some key areas of the CWA Section 401certification process, including timelines for review and action, the scope of certification review, and early engagement (pre-filing meetings). More information on the Rule is available at the following website: https://www.epa.gov/CWA-401
The US Army Corps of Engineers (USACE), New Orleans District (MVN) processes permit applications subject to Section 10 of the Rivers and Harbors Act and/or Section 404 of the Clean Water Act. To comply with the requirements of the new CWA 401 Certification Rule, MVN requests that project proponents (Applicants) continue to follow the established procedures for submitting a MVN permit application. These procedures are different depending upon whether the project is located within the coastal zone or outside of the coastal zone, but both include options for electronic submission. These procedures are located at: https://www.mvn.usace.army.mil/Missions/Regulatory/Permits/
Once your permit application is received, MVN will provide you with additional instructions if the proposed work is not already covered by a CWA Section 401 general water quality certification (WQC). The special public notice also discusses additional considerations associated with requests for water quality certification.
01 October 2020 - Nationwide Permit Reissuance and Nationwide Permit Louisianaa Regional Conditions Request for Comments
Nationwide Permit Reissuance: On September 15, 2020, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 52 existing nationwide permits (NWPs) and issue five new NWPs. Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects. For more information on the proposed reissuance of the NWPs, go to the following link: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/
Commenting on National Issues Concerning the Proposed NWPs: The Federal Register notice is the public’s opportunity to comment on the proposed NWPs, general conditions, and definitions. Comments on national issues relating to these NWPs should be submitted to docket number COE-2020-0002 at www.regulations.gov, or by email to nationwidepermits2020@usace.army.mil or by mail to Headquarters, U.S. Army Corps of Engineers, Directorate of Civil Works, ATTN: CECW-CO-R, 441 G Street, N.W., Washington, D.C. 20314-1000. Instructions for submitting comments are provided in the September 15, 2020 Federal Register notice. ALL comments on the proposed NWPs, their general conditions, and/or definitions are due by November 16, 2020 and should be sent using one of the above ways for submitting comments.
NWP Louisiana Regional Conditions: Division engineers are authorized to add regional conditions specific to the needs and/or requirements of a particular region or state. Regional conditions are an important mechanism to help ensure that the adverse environmental effects of activities authorized by the NWPs are no more than minimal, both individually and cumulatively. Division engineers may also suspend or revoke specific NWPs in certain geographic areas (e.g., states or watersheds) or high-value aquatic systems where the adverse environmental effects caused by activities authorized by those NWPs may be more than minimal.
Commenting on Louisiana Regional Conditions: This public notice includes the proposed regional conditions (see attachment) currently under consideration by the US Army Corps of Engineers, Mississippi Valley Division for the State of Louisiana. The New Orleans District is seeking comments on these proposed regional conditions and/or the need for additional regional conditions for the State of Louisiana. Comments on these proposed regional conditions can be sent to US Army Corps of Engineers, New Orleans District, ATTN: Brenda Archer, CEMVN-ODR, 7400 Leake Avenue, New Orleans, Louisiana 70118 via regular mail or Brenda.A.Archer@usace.army.mil via email. If you have questions, please call 504-862-2046. ALL comments relating to the proposed Louisiana regional conditions, including any proposals for new Louisiana regional conditions, are due by November 16, 2020 and should be sent to the New Orleans District address or email address above.
02 July 2020 - CEMVN Issues Notice of Intent in Federal Register for Development of Environmental Impact Statement on proposed Mid-Breton Sediment Diversion Project
The Coastal Protection and Restoration Authority of Louisiana (CPRA) has requested permits and permissions from the U.S. Army Corps of Engineers, New Orleans District (CEMVN) to construct, maintain, and operate the proposed Mid-Breton Sediment Diversion Project (proposed Project) on the east bank of the Mississippi River at River Mile 68.6 above “Head of Passes” near Wills Point in Plaquemines Parish, Louisiana. To inform these decisions, CEMVN will prepare an Environmental Impact Statement (EIS) in accordance with the National Environmental Policy Act (NEPA) and has issued a Notice of Intent (NOI) in the Federal Register on July 2, 2020 (https://www.govinfo.gov/content/pkg/FR-2020-07-02/pdf/2020-14031.pdf). As part of the preparation of the EIS, NEPA requires an early and open public process for determining the scope of issues, resources, impacts, and alternatives to be addressed by the EIS; commonly referred to as “scoping”. CEMVN invites all interested parties to provide input on the proposed Project, alternatives that need to be considered, and potential environmental issues that need to be evaluated in the development of the EIS. The scoping time-frame to provide comments will extend from July 2, 2020 through August 16, 2020.
21 May 2020 - Final 2018 National Wetland Plant List (NWPL) is now available
The U.S. Army Corps of Engineers (Corps), as part of an interagency effort with the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), is announcing the availability of the final 2018 National Wetland Plant List (NWPL). The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf.
The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form. The final NWPL is available at http://wetland-plants.usace.army.mil/. State, regional, and national lists can also be downloaded from this site.
21 April 2020 - Navigable Waters Protection Rule published today and becomes effective June 22, 2020.
The Environmental Protection Agency and the Department of the Army are publishing a final rule defining the scope of waters federally regulated under the Clean Water Act. The Navigable Waters Protection Rule is the second step in a comprehensive, two-step process intended to review and revise the definition of “waters of the United States” consistent with the Executive Order signed on February 28, 2017, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the `Waters of the United States' Rule.” Once effective, it replaces the rule published on October 22, 2019. This rule becomes effective on June 22, 2020. Here is a link to the federal register notice: https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states
19 March 2020 - Special Public Notice on Revised Mail Processing Instructions for the New Orleans District
Due to Coronavirus precautions, effective the date of this Public Notice, the New Orleans District Regulatory Branch is requesting all incoming correspondence be submitted electronically. Please contact your assigned project manager (PM) directly via phone or email with any additional project information. All information will need to be provided via email. If you need to send oversized attachments, notify your PM that you have an oversized attachment to send. They will provide you with a Drop-off Request code for use on the SAFE website. Once you receive the Drop-off Request code, you will have 14 days to upload your documents. All new permit application for projects located within the coastal zone, will need to be submitted using the Louisiana Department of Natural Resource (LDNR) electronic joint permit application process. More information about this process is located at the following website: http://www.dnr.louisiana.gov/index.cfm/page/93
All new permit application for projects located outside the coastal zone, will need to be submitted using the MVN electronic permit application process. More information about this process is located at the following website: https://www.mvn.usace.army.mil/Missions/Regulatory/Permits/Electronic-Permits/
All new jurisdictional determination request will need to be submitted using the MVN electronic JD request process. More information about this process is located at the following website: https://www.mvn.usace.army.mil/Missions/Regulatory/Jurisdiction-Wetlands/
If electronic submission is not possible, hard copy submissions through postal mail will continue to be accepted but will result in delayed processing times. Hard copy submissions should only be provided when electronic submissions are not possible. Precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal processing times.
17 February 2020 - Special Public Notice on Water Infrastructure Improvements for the Nation (WIIN) Act; Section 5014 - Environmental Bank Gudelines.
On 29 January 2020, the Coastal Wetlands Planning, Protection, and Restoration Act (CWPPRA) Task Force approved Guidelines for Environmental Banking in Coastal Louisiana. This Task Force action was in accordance with Section 5014 of the WIIN Act, which requires the CWPPRA Task Force to issue guidelines for the use, maintenance, and oversight of environmental banks in Louisiana. Prior to the Task Force approval, public comments received between 16 September and 16 October 2019 resulted in the addition of clarifying language regarding the terms “enhancement” and “rehabilitation.” The approved Guidelines further define an environmental bank as a project, project increment, or projects considered for purposes of restoring, establishing (i.e., creating), enhancing, or preserving natural resources at a designated site to establish credits designed to offset certain environmental impacts. Credits generated by approved environmental banks may be used to address environmental requirements of multiple federal and state environmental programs subject to approval by the appropriate federal or state agencies responsible for implementing these programs. The Guidelines are based on existing federal and state regulations and guidance applicable to banks that provide credits for various purposes and are designed to facilitate the development of environmental banks consistent with the existing regulations and guidance for these credit types. Relevant existing regulations and guidance for banking are referenced in the Guidelines. The approved Guidelines are enclosed and available for public use on the New Orleans District CWPPRA webpage at:
https://www.mvn.usace.army.mil/Portals/56/docs/environmental/cwppra/Announcements/TF%20Approved%20EB%20Guidelines%2029%20Jan%202020.pdf
12 September 2019 - EPA and Army sign final rule to repeal the 2015 Clean Water Rule
EPA and Army announced today the signing of a final rule (Step 1 Final Rule) to repeal the 2015 Clean Water Rule and restore the regulatory regime that existed prior to the 2015 Rule. Today's Step 1 Final Rule is in keeping with President Trump’s Executive Order 13778, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” Prior to today's rule, a patchwork of regulations existed across the country as a result of various judicial decisions enjoining the 2015 Clean Water Rule. Today's final rule reestablishes national consistency across the country by returning all jurisdictions to the longstanding regulatory framework that existed prior to the 2015 Clean Water Rule, which many regulatory agencies, States, Tribes, local governments, regulated entities, and the public are familiar with. This final rule also provides regulatory certainty, while the agencies engage in the second step of rulemaking (Step 2 Proposed Rule) to revise the definition of "waters of the U.S." The Step 2 Proposed Rule was published in the Federal Register on February 14, 2019, and public comments were received through April 15, 2019. EPA and Army are currently reviewing more than 600,000 comments received before taking final action. For more information on the "Waters of the U.S" rulemaking, please visit http://www.epa.gov/wotus-rule. For questions about a pending jurisdictional determination or permit, we ask that you contact your local U.S. Army Corps of Engineers Regulatory Office. Office information can be found at http://regulatory-ops.s3-website-us-east-1.amazonaws.com/.
10 June 2019 - The U.S. Army Corps of Engineers, as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, and the U.S. Department of Agriculture - Natural Resources Conservation Service, announces the draft biennial update to the National Wetland Plant List (NWPL) for 2018 in the Federal Register. The Corps encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update, as well as public input on the NWPL process. The public will have the opportunity to comment on the proposed update or addition of wetland indicator status ratings for 20 plant species in select Corps wetland regions. These 20 reviewed species and their draft 2018 wetland ratings by region, as well as the FR notice, can be viewed at the NWPL homepage, http://wetland-plants.usace.army.mil/ under “2018 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. Commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Guessing ratings is inappropriate. All submitted comments and information will be compiled and sent to the National Panel for their consideration.
The Corps is also seeking comments on the NWPL update process. Detailed information on the update process, protocol, and technical issues can be found in the following documents (available on the NWPL Publications web page referenced above):
1) Lichvar, Robert W. and Minkin, Paul. Concepts and Procedures for Updating the National Wetland Plant List. Sept 2008. ERDC/CRREL TN-08-3
2) Lichvar, Robert W. and Gillrich, Jennifer J. Final Protocol for Assigning Wetland Indicator Status Ratings during National Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1
14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition. The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.
7 January 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition. Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA. Publication of the proposed rule in the Federal Register is also postponed. Information on the status of the public hearing will be posted on the EPA website at https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition.
11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019. More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: WOTUS Rule.