- Reissuance of Nationwide Permits: On February 21, 2012, the U.S. Army Corps of Engineers (USACE) published a notice in the Federal Register announcing the reissuance of all existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The USACE also issued two new NWPs, three new general conditions, and three new definitions. The NWPs will be effective on March 19, 2012, and will expire on March 18, 2017. The
Fort Worth District has also issued a Public Notice announcing the reissuance of the NWPs.
The USACE has posted the revised and renewed nationwide permits necessary for work under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 at
the USACE headquarters website. Additional information such as Q's and A's, Summary, Fact Sheet, the Final Decision Documents, and other background materials have also been posted to the USACE website. The new nationwide permits, as published in the Federal Register, February 21, 2012, are available on the Federal Register website.
- Violation Report Form: On December 6, 2011, the USACE issued a public notice regarding an addition to our web site for reporting alleged violation activities of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. General information and a violation report form is available via the Enforcement link under "Site Navigation" below.
- Enforcement Action: On November 22, 2011, the USEPA signed a final consent agreement and order with 3-D Development, LLC assessing a Class I civil penalty of $6,750.00 under Section 404 of the Clean Water Act (CWA) for unauthorized work on a subdivision in College Station, Texas. The work was discovered by the Regulatory Branch and referred to USEPA as a knowing and willful violation. Concurrent processing of an after-the-fact permit was authorized by the USEPA and the Regulatory Branch authorized the project on August 19, 2011.
- Texas Rapid Assessment Method (TXRAM): In March 2011, the U.S. Army Corps of Engineers, Fort Worth and Tulsa Districts (USACE) released a draft version of the Texas Rapid Assessment Method (TXRAM) with the intent of testing the model for a period of one year.The USACEhas issued a second Public Notice to solicit comments on the draft model and its use. Following evaluation of the comments, a Final version of TXRAM will be released and distributed through a Public Notice. Tthe USACE is also seeking comments on the Aquatic Resource Compensation Calculator. The TXRAM module, the Aquatic Resource Compensation Calculator, and associated electronic data sheets can be found with our application submittal forms.
The Regulatory Program of the U.S. Army Corps of Engineers (USACE) plays a critical role in the protection of the nation's aquatic ecosystem and navigation. Important elements of the program implemented by the USACE under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 include conducting jurisdictional determinations for wetlands and other waters of the United States and navigable waters of the United States; evaluating applications for individual and general permits for activities in these jurisdictional areas; ensuring compliance of issued permits; and enforcing requirements of the law for unpermitted activities. The USACE works closely with other federal, state, and local natural resource agencies and the public in exercising these responsibilities. Fort Worth District Regulatory Branch handouts provide guidance, procedures, and recommendations for submittals to the USACE and assist applicants with complying with Regulatory Program requirements.
Waters of the United States include navigable waters and may include other parts of the surface water tributary system down to the smallest of streams (e.g., tributary that only contains water after a rain event), lakes, ponds, or other water bodies on those streams, and adjacent wetlands (e.g. sloughs, swamps, and some seasonally flooded areas) if they meet certain criteria. Isolated waters such as playa lakes, prairie potholes, old river scars, cutoff sloughs, and abandoned construction and mining pits may also be waters of the United States if they meet certain criteria. An important point is that waters of the United States include areas that are man-made, or man-induced, as well as natural. Activities that occur in waters of the U.S. that require a permit may include, but are not limited to, shoreline and bank stabilization; boat ramps; roads; residential and commerical developments; utilities; flood control facilities; mining; oil, gas and water wells; and in some cases dredging and other excavation.
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