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Regulatory News

Check this page often for the latest Regulatory news and information.

13 July 2020 -Special Public Notice - Update COVID 19 and Navigable Waters Protection Rule (Click here to view public notice) 

The Charleston District Regulatory Division has issued a public notice to provide a brief update on the current operational status of the Charleston District's Regulatory Division. Recently, we received approval from the District Engineer to begin conducting site visits on a case-by-case basis.  Please reach out to project managers far enough in advance to accommodate coordination and scheduling. In addition, The Navigable Waters Protection Rule (NWPR) was implemented on June 22, 2020, defining waters of the United States.  Below you will find our internal NWPR Approved JD Form (AJD) and Guidebook for the Form. In order to expedite our review of your AJD, you are encouraged to fill out the form and include it with each AJD submittal.  However, use of the form is not a requirement. Please click on the above link to view the entire public notice.

 

2020 Rule - Navigable Waters Protection Rule, Approved JD Form and Approved JD Form User Manual (Link to USACE Headquarters Jurisdiction webpage)

21 May 2020 - 2018 National Wetland Plant List (NWPL)   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 - EPA and Army Publish the Navigable Waters Protection Rule 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.

 

20 March 2020 - Special Public Notice - COVID 19  (Click here to view the public notice)

The Charleston District Regulatory Division has issued a public notice to advise the public that the U.S. Army Corps of Engineers, Charleston District Regulatory Division's physical office locations are closed to the public until further notice.  During this time, Regulatory staff will be working remotely in a social distancing mode, so site visits and office visits are postponed until further notice.  Meetings will be conducted virtually if at all possible and site visits will be re-scheduled when exposure risks are lower and guidance allows. Please click on the above link to view the entire public notice.