US Army Corps of Engineers
Omaha District Website

North Dakota Regulatory Office

The Department of the Army Regulatory Program is one of the oldest in the Federal Government. Initially it served a fairly simple, straightforward purpose: to protect and maintain the navigable capacity of the nation's waters. Time, changing public needs, evolving policy, case law and new statutory mandates have changed the complexion of the program, adding to its breadth, complexity and authority.

The Regulatory Program is committed to protecting the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities in the Nation's waters, including wetlands.

3319 University Drive | Bismarck | North Dakota | 58504 | Ph: 701-255-0015 | Fax: 701-255-4917 |

Email: CENWO-OD-RND@usace.army.mil

Regulatory Announcement

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The Environmental Protection Agency and the Department of the Army’s Navigable Waters Protection Rule (NWPR):  Definition of “Waters of the United States” became effective on June 22, 2020 in 49 states and all US territories. A preliminary injunction has been granted for the state of Colorado.  Federal jurisdiction in Colorado will be determined using the 2019 Rule (the recodification of the 1986 Regulations) and associated 2003/2008 (SWANCC/Rapanos) guidance documents.  The NWPR establishes the scope of federal regulatory authority under the Clean Water Act.  The NWPR includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. 

The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states.  Additional information about the rule can be found on the EPA’s website at https://www.epa.gov/nwpr.

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.

The Environmental Protection Agency (EPA) and the Department of the Army’s Navigable Waters Protection Rule: Definition of “Waters of the United States” was published in the Federal Register. This final rule establishes the scope of federal regulatory authority under the Clean Water Act. The Navigable Waters Protection Rule includes four simple categories of jurisdictional waters and provides specific exclusions for many water features that traditionally have not been regulated. The final rule will become effective on June 22, 2020. The published version is 93 pages, and the citation is: 85 FR 22250.  The Federal Register notice is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states. Additional information about the rule can be found on the EPA website at https://www.epa.gov/nwpr.

The North Dakota Regulatory Office of the U.S. Army Corps of Engineers' Omaha District has been working to be more responsive to the needs of the public. For the Regulatory Program, we know there is great interest in having us accept information associated with aquatic resource delineation verifications, permit applications, and other requests in a digital format, instead of paper. To that end, we have created a process for the public to submit their request electronically. This new process is easy to access, ensures timely delivery, and comports with Army and Department of Defense (DoD) requirements.

Effective immediately, we are asking that all new requests be submitted in digital form, which will eliminate any need to send a paper copy.

If you are submitting information associated with a new request, such as a permit application or request to verify an aquatic resources delineation, please submit it to CENWO-OD-RND@usace.army.mil for initial in-processing. (NOTE: Emails including attachments cannot exceed 40 MB).

If you require assistance with an active request, we encourage you to send digital files directly to the project manager assigned to the action. If you do not know who is assigned to your action, please send your request to our general email box.

We will continue to accept paper copies of your requests if you are unable to submit them electronically.

We ask the public to submit their requests for jurisdictional determinations, permit applications, and other associated documents in digital form. This will eliminate the requirement for the public to send documents in paper form to the Corps and for the Corps to save those documents in paper form.

Contents of requests:

1. The preferred document file format is .pdf. We will also accept Word documents in .docx format.

2. The Aquatic Resource/Consolidated Upload Excel spreadsheet must be submitted in .xlsm spreadsheet format.

3. If transmitting via email, include all information as email attachments, and avoid transmitting information in the body of the email.

4. All documents (aquatic resource delineations, permit applications, endangered species biological assessment, historic properties reports, etc.) must be submitted as separate files. DO NOT combine all documents into one Adobe PDF or Word document file.

5. Name files based on their content. Please do not use company project numbers or acronyms as the sole basis for the file name(s).

6. Reduce file sizes to the maximum extent possible.

Submitting requests:

There are multiple options for submitting your request to the Corps (in order of preference):

7. Submit via email. Our preferred method of electronic file submittal is via email. ◾Initial requests that have not been assigned a project manager and Corps project number should be sent to the Corps general email inbox: CENWO-OD-RND@usace.army.mil ◦NOTE: Add to the Email Subject line the name of the applicant, name of the project, and name of the county in which the project is proposed.

◾Once a project has been assigned, documents should be emailed directly to the Corps Project Manager ◦NOTE: Add to the Email Subject line the Corps project number, name of the applicant, name of the project, and name of the county in which the project is proposed.

◾The Corps file limit is 40 MB for individual emails. If your email would exceed 40 MB you can use one of the following methods.

8. Send a short cover letter and CD with all required information to the North Dakota Regulatory Office at 3319 University Drive, Bismarck, North Dakota 58504. DO NOT SEND A USB STICK. The Corps cannot connect USB sticks to our computers.

9. Mail a hard copy. We will continue to accept paper copies of your requests if you are unable to submit them electronically.

 

The US Army Corps of Engineers, North Dakota Regulatory Office, through the Regulatory Program, administers and enforces Section 404 of the Clean Water Act in North Dakota for the Omaha District. Under CWA Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. Many waterbodies and wetlands in the nation are waters of the United States and are subject to the Corps' regulatory authority.

 

 

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