Wyoming 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.

2232 Dell Range Blvd, Suite 210 | Cheyenne | Wyoming | 82009 | Ph: 307-772-2300 | Fax: 307-772-2920

Email: Wyoming.Reg@usace.army.mil

Regulatory Announcement

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2 November 2021 - 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, is announcing the availability of the final 2020 National Wetland Plant List (NWPL). The Federal Register Notice for the 2020 NWPL update can be found here: https://www.federalregister.gov/documents/2021/11/02/2021-23891/national-wetland-plant-list

The NWPL provides plant species wetland 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 2 November 2021 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 https://wetland-plants.sec.usace.army.mil/ (preferred browsers are Chrome and Firefox). 

“Consistent with the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule, the agencies have halted implementation of the Navigable Waters Protection Rule and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime until further notice. An approved jurisdictional determination (AJD) is a document provided by the Corps stating the presence or absence of “waters of the United States” on a parcel or a written statement and map identifying the limits of “waters of the United States” on a parcel. See 33 CFR 331.2. Under existing Corps’ policy, AJDs are generally valid for five years unless new information warrants revision prior to the expiration date. See U.S. Army Corps of Engineers, Regulatory Guidance Letter No. 05–02, § 1(a), p. 1 (June 2005) (Regulatory Guidance Letter (RGL) 05–02). As a general matter, the agencies’ actions are governed by the rule in effect at the time the Corps completes an AJD, not by the date of the request for an AJD. Therefore, AJDs that were pending on, or received after the court’s decision will be completed consistent with the pre-2015 regulatory regime. AJDs completed prior to the court’s decision remain valid until the expiration date unless one of the criteria for revision is met under RGL 05-02, or the recipient of such an AJD requests that a new AJD be provided pursuant to the pre-2015 regulatory regime. “

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 (NWP 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52, 55, 56, 57, and 58) as well as the reissuance of NWP general conditions and definitions with some modifications. The Northwestern Division Engineer approved the Omaha District regional conditions on February 23, 2021. These 16 NWPs will go into effect on March 15, 2021 and will expire on March 14, 2026. For more information about the 2021 NWPs please go to the following links:

National Information: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/

Omaha District Information: https://www.nwo.usace.army.mil/Missions/Regulatory-Program/Nation-Wide-Permit-Information/

Omaha District Pre-recorded Outreach Presentation: https://usace.contentdm.oclc.org/utils/getfile/collection/p16021coll11/id/5072

Any questions can be submitted to the following contact information

Email: OmahaRegFS@usace.army.mil

Mail: Omaha District, USACE Attn: Regulatory Branch, Field Support Section 1616 Capitol Ave., Ste. 9000 Omaha, NE 68102

The U.S. Army Corps (Corps) of Engineers has issued the Record of Decision (ROD) for the Alkali Creek Reservoir project located near Hyattville, Wyoming. The ROD document includes the Corps’ decision on the project, the wetland compensatory mitigation plan and the stream compensatory mitigation plan. The project was proposed by the Wyoming Water Development Office to create a reservoir on Alkali Creek to reduce late-season irrigation shortages. The 7,994-acre-foot reservoir will provide late-season irrigation for portions of the Nowood River watershed while creating additional recreational opportunities in the area. (NWO-2016-01459 – ROD)

The Bureau of Land Management (BLM) was the lead federal agency for complying with the National Environmental Policy Act. Additional project information, including the Environmental Impact Statement and BLM ROD, is available at https://go.usa.gov/xUsam

Submitting Digital Requests  - The Wyoming Regulatory Office Has Gone Paperless as of March 26, 2020

The Wyoming 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 Wyoming.Reg@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: Wyoming.Reg@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 Wyoming Regulatory Office at 2232 Dell Range Blvd, Suite 210 |, Cheyenne, Wyoming  82009. 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, Wyoming Regulatory Office, through the Regulatory Program, administers and enforces Section 404 of the Clean Water Act in Wyoming 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.