PN by State


LRL-2019-930

LRL-1999-289

LRL-2012-24

LRL-2019-444

LRL-2019-835

LRL-2019-404

LRL-2019-444

LRL-2019-282

LRL-2019-764

LRL-2019-749

LRL-2019-752

LRL-2019-769

LRL-2019-513

LRL-2019-496

LRL-1981-65

LRL-2019-328

LRL-2016-1036 (2)

LRL-2013-84

LRL-2019-68

LRL-2013-00085

LRL-2018-1040 Extension

LRL-2018-1040

LRL-2014-00209

LRL-2018-1102

LRL-1999-289

LRL-2018-632

LRL-2017-724


LRL-2018-691

LRL-2003-1473

LRL-2018-265

LRL-2018-642

LRL-2016-853

LRL-2014-859

LRL-2018-465

LRL-2017-104

LRL-2012-24

LRL-2010-325

LRL-2013-86

LRL-2018-246

LRL-2018-43

LRL-2018-321

LRL-2018-294

LRL-2016-1083

LRL-2017-899

LRL-1962-17

LRL-2017-879

LRL-2017-19

LRL-2014-00500

LRL-1981-90070

LRL-2017-612

LRL-2016-00148

LRL-1976-13

LRL-2017-292

LRL-2006-635

LRL-2017-496

LRL-2017-565

LRL-2017-724

LRL-2017-768

LRL-2017-104

LRL-2017-708

LRL-2013-00143

LRL-1976-10045

LRL-1993-1023

LRL-2017-365

LRL-2015-329

LRL-2017-269

LRL-2017-273

LRL-2017-274

LRL-2016-00006

LRL-2013-00091

LRL-2012-646

LRL-2010-325

LRL-2016-808

LRL-2016-00006

LRL-2005-197

LRL-2015-868

LRL-2015-558-2

LRL-2014-374

LRL-1981-00042

LRL-2004-1506

LRL-2015-785

LRL-2009-358

LRL-2015-684

LRL-2015-225

LRL-2008-642

LRL-2013-83

LRL-2015-645

LRL-2014-664

LRL-2015-558

LRL-2009-127

LRL-2015-282

LRL-2015-417

LRL-2011-707-b

LRL-2014-665

LRL-2013-448

LRL-2014-617

LRL-2014-346

LRL-2013-272

LRL-2015-21

LRL-2014-927

LRL-2013-533

LRL-2014-5-2

LRL-2013-739

LRL-2010-323

LRL-2011-3

LRL-2011-6

LRL-2012-5

LRL-2012-5-3

LRL-2012-5-4  

 

 

 

 

 

 

 

Redirecting...

LRL-2020-00006 Indiana NWPs Public Notice

LRL-RD
Published Feb. 15, 2022

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. The NWP general conditions and definitions for the 41 NWPs in the
December 27, 2021, final rule match those published in the January 13, 2021, issue of the Federal
Register. The December 27, 2021, Federal Register notice is available for viewing at
https://www.federalregister.gov/documents/2021/12/27/2021-27441/reissuance-and-modificationof-
nationwide-permits. The 41 NWPs, listed below, become effective on February 25, 2022, and
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
Regulatory Division
North Branch
Public Notice No. LRL-2020-00006
2
• 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
On February 7, 2022, the Great Lakes and Ohio River Division (LRD) approved Regional
Conditions for the 41 2021 NWPs in Indiana. The Regional Conditions for the 41 2021 NWPs for
Indiana become effective on February 25, 2022; and are attached to this public notice.
The Indiana Department of Environmental Management (IDEM) waived 401 Water Quality
Certification (WQC) for NWPs 8 and 24, therefore no 401 WQC will be required for a project
authorized by NWPs 8 and 24. IDEM denied the 401 WQC for NWPs 16, 17, 20, 23, 31, 32, 34,
35, 38, 41, 53, 54, and 59, therefore an individual 401 WQC will be required for a project
authorized by NWPs 16, 17, 20, 23, 31, 32, 24, 35, 38, 41, 53, 54, and 59. IDEM included 24
general conditions that will apply to all of the certified 2021 NWPs. They also included specific
conditions for NWPs 3, 7, 13, 14, 15, 18, 25, 27, 33, 36, 37, and 46. An individual 401 WQC will
be required by IDEM under certain conditions. The 401 WQC for the 41 2021 NWPs becomes
effective on February 25, 2022; and is attached to this public notice. The information for the 41
2021 NWPs, including the regional conditions and the 401 WQC can be found on the Louisville
District’s website at https://www.lrl.usace.army.mil/Missions/Regulatory/.
In a final rule published in the Federal Register on January 13, 2021, (86 FR 2744) the Corps
reissued 12 existing NWPs (NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, 52) and issued four (4)
new NWPs (55, 56, 57, and 58). In that final rule, the Corps also reissued the NWP general
conditions and definitions. Those 16 NWPs, general conditions, and definitions went into effect on
March 15, 2021, and will expire on March 14, 2026, the same expiration date as the 41 NWPs
Regulatory Division
North Branch
Public Notice No. LRL-2020-00006
3
noted above. Below are the 16 NWPs that were issued in the final rule on January 13, 2021. The
final rule for the 16 NWPs, Regional Conditions, and 401 Water Quality Certification can also be
found on the Louisville District’s website at https://www.lrl.usace.army.mil/Missions/Regulatory/.
• 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
Questions concerning implementation of the NWPs and associated Regional Conditions should be
sent to LRL.RegulatoryPublicComment@usace.army.mil or you can contact Ms. Kimberly J.
Simpson at (502) 315-6691.
1
INDIANA REGIONAL GENERAL CONDITIONS FOR
THE STATE OF INDIANA
These Regional General Conditions are in addition to but do not supersede the requirements in
the Federal Register, Volume 86, No. 8, January 13, 2021. Information on pre-construction
notification (PCN) procedures can be found in General Condition 32 Pre-Construction
Notification (pp 2873), while loss of waters of the United States is defined in the Nationwide
Permit Definitions (pp 2876).
Regional Conditions Applicable to Specific NWPs within Indiana:
1. Notification in accordance with General Condition 32 is required to the Corps for impacts
to waters of the United States exceeding 0.1 acre for the NWP listed below.
NWP 33 (Temporary Construction, Access, and Dewatering)
Regional Conditions Applicable to all NWPs within Indiana:
2. Notification in accordance with General Condition 32 is required to the Corps for all
activities affecting Designated Salmonid Waters, Outstanding State Resource Waters,
Exceptional Use Streams, and Critical Wetlands and Critical Special Aquatic Sites (See
Attachments 1 and 2).
3. Notification in accordance with General Condition 32 is required to the Corps for all
activities which would cause, alter, or affect diversion of water from the Great Lakes
basin.
2
ATTACHMENT 1
Designated SalmonidWaters
1. Trail Creek & tributaries downstream to Lake Michigan, LaPorte County.
2. East Branch of the Little Calumet River and its tributaries downstream to Lake
Michigan via Burns Waterway (Ditch), Porter, and LaPorte Counties.
3. The Indiana portion of the open waters of Lake Michigan.
4. Salt Creek above (upstream of) its confluence with the Little Calumet River, Porter
County.
5. Kintzele Ditch (Black Ditch) from Beverly Drive downstream to Lake Michigan,
Porter County.
6. Galena River and its tributaries, LaPorte County
7. The St. Joseph River and its tributaries in St. Joseph County from the Twin Branch
Dam in Mishawaka downstream to the Indiana/Michigan state line, St. Joseph
County.
8. The Indiana portion of the open waters of Lake Michigan.
9. Those waters designated by the Indiana Department of Natural Resources (IDNR)
for put-and-take trout fishing.
Waterbodies which have been designated all or partially as Outstanding State Resource
Waters:
1. The Blue River in Washington, Crawford, and Harrison counties from river mile
57.0 to river mile 11.5.
2. The North Fork of Wildcat Creek in Carroll and Tippecanoe counties, from river
mile 43.11 to river mile 4.82.
3. The South Fork of Wildcat Creek in Tippecanoe County, from river mile 10.21 to
river mile 0.00.
4. Cedar Creek in Allen and DeKalb Counties, from river mile 13.7 to its confluence
with the St. Joseph River.
5. The Indiana portion of the open waters of Lake Michigan.
6. All waters incorporated in the Indiana Dunes National Lakeshore.
Streams which have been designated all or partially as Exceptional UseWaters:
1. Big Pine Creek in Warren County downstream of the State Road 55 bridge near the
town of Pine Village to its confluence with the Wabash River.
2. Mud Pine Creek in Warren County from the bridge on the County Road between
Brisco and Rainsville to its confluence with Big Pine Creek.
3. Fall Creek in Montgomery County from the old C.R. 119 bridge in the NW quarter
of Section 21, Township 22N, Range 8W downstream to its confluence with Big
Pine Creek.
4. Indian Creek in Montgomery County from the County Road 650 West bridge
downstream to its confluence with Sugar Creek.
5. Clifty Creek in Montgomery County within the boundaries of Pine Hills Nature
Preserve.
6. Bear Creek in Fountain County from the bridge on County Road 450 North to its
confluence with the Wabash River.
3
7. Rattlesnake Creek in Fountain County from the bridge on County Road 450 North to
its confluence with Bear Creek.
8. The small tributary to Bear Creek in Fountain County within the Portland Arch
Nature Preserve which enters Bear Creek at the sharpest bend and has formed the
small natural bridge called Portland Arch.
9. Blue River from the confluence of the West and Middle Forks of the Blue
River in Washington County downstream to its confluence with the Ohio
River.
10. The South Fork of the Blue River in Washington County from Horner’s Chapel
Road bridge downstream to its confluence with Blue River.
11. Lost River and all surface and underground tributaries upstream from the
Orangeville Rise (T2N, R1W, Section 6) and the Rise of Lost River (T2N, R1W,
Section 7) and the mainstem of the Lost River from the Orangeville Rise
downstream to its confluence with the East Fork of White River.
4
ATTACHMENT 2
CriticalWetlands and Critical Special Aquatic Sites
1. Acid bogs
2. Acid seeps
3. Circumneutral bogs
4. Circumneutral seeps
5. Cypress Swamps
6. Dune and swales
7. Fens
8. Forested fens
9. Forested swamps
10. Marl beaches
11. Muck flats
12. Pannes
13. Sand flats
14. Sedge meadows
15. Shrub swamps
16. Sinkhole ponds
17. Sinkhole swamps
18. Wet floodplain forests
19. Wet prairies
20. Wet sand prairies
INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
We Protect Hoosiers and Our Environment.
100 N. Senate Avenue • Indianapolis, IN 46204
(800) 451-6027 • (317) 232-8603 • www.idem.IN.gov
Eric J. Holcomb Bruno Pigott
Governor Commissioner
An Equal Opportunity Employer
Recycled Paper
VIA ELECTRONIC MAIL: December 14, 2020
Mr. Michael Ricketts
U.S. Army Corps of Engineers
Louisville District
P.O. Box 59
Louisville, KY 40201-0059
Dear Mr. Ricketts:
Re: Section 401 Water Quality Certification
Project: 2020 Reissuance of 41
Nationwide Permits
The Office of Water Quality has reviewed the Federal Register Notice dated
September 15, 2020, announcing the proposed reissuance of the Nationwide Permits
(NWP’s). We have also reviewed your correspondence dated October 16, 2020, stating
the Federal Register Notice is the U.S. Army Corps of Engineers (Corps) application for
water quality certification under Section 401 of the Clean Water Act for those NWP’s
that will result in a discharge of dredged and/or fill material into waters of the United
States within the State of Indiana.
In electronic mail correspondence dated October 21, 2020, the Louisville District
Corps of Engineers notified IDEM that the previously suspended NWP’s 13, 14, 18, 29,
36, 39, 40, 41, 42, 43, and 44 would no longer be suspended and be in full force and
effect in the state of Indiana.
Under Section 401 of the Clean Water Act (CWA), a federal agency may not issue
a permit or license to conduct any activity that may result in any discharge into waters of
the United States unless a Section 401 Water Quality Certification (WQC) is issued,
verifying compliance with water quality requirements. In Indiana, the Indiana
Department of Environmental Management (IDEM) is the certifying authority and
certification decisions are based on Indiana’s water quality standards (WQS) found at
327 IAC 2 http://iac.iga.in.gov/iac//iac_title?iact=327
Per 327 IAC 2.1, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Mitigation
of dredge and fill impacts to Indiana’s water resources is required to maintain water
quality. To ensure WQS are met, IDEM conditions the NWPs as outlined in this 401
WQC. Additional information about the conditions is found in Attachment #3.
U.S. Army Corps of Engineers 2020 NWP’s
Page 2
It is the judgment of this office that NWPs 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 14, 15,
18, 19, 22, 25, 27, 28, 30, 33, 36, 37, 45, 46, and 49 will comply with applicable
provisions of state law (including 327 IAC 2) and Sections 301, 302, 303, 306, and 307
of the Clean Water Act subject to the conditions set forth in this Certification. Therefore,
subject to the following conditions, the Indiana Department of Environmental
Management (IDEM) hereby grants Section 401 Water Quality Certification (WQC) for
these NWPs. Any changes in language or scope of any NWP not detailed in the
aforementioned Federal Register Notice, or as modified by the conditions below, are not
authorized by this certification.
It is the judgement of this office that NWP’s 16, 17, 20, 23, 31, 32, 34, 35, 38, 41,
53, 54, and 59 are denied in the state of Indiana and will require a site specific
Individual Section 401 Water Quality Certification. The denial is based on the agency’s
inability to determine if these activities will comply with Indiana’s water quality standards
found at 327 IAC 2.
It is the judgement of this office that NWP’s 8 and 24 are activities that do not
occur in Indiana. Because of this no Section 401 Water Quality Certification is required.
Section 401 Water Quality Certification decisions for NWPs in effect for the State of Indiana-2020
NWP Activity Decision Conditions
1 Aids to Navigation Approve None
2 Structures in Artificial Channels Approve None
3 Maintenance Approve General & Specific
4 Fish and Wildlife Harvesting, Enhancement, and
Attraction Devices Approve General
5 Scientific Measurement Devices Approve General
6 Survey Activities Approve General
7 Outfall Structures and Associated Intake
Structures Approve General & Specific
9 Structures in Fleeting and Anchorage Areas Approve None
10 Mooring Buoys Approve None
11 Temporary Recreational Structures Approve None
13 Bank Stabilization Approve General & Specific
14 Linear Transportation Projects Approve General & Specific
15 U.S. Coast Guard Approved Bridges Approve General & Specific
16 Return Water from Upland Contained Disposal
Areas Deny N/A
17 Hydropower Projects Deny N/A
18 Minor Discharges Approve General & Specific
19 Minor Dredging Approve General
20 Response Operations for Oil and Hazardous
Substances Deny N/A
U.S. Army Corps of Engineers 2020 NWP’s
Page 3
22 Removal of Vessels Approve General
23 Approved Categorical Exclusions Deny N/A
25 Structural Discharges Approve General & Specific
26 Reserved N/A N/A
27 Aquatic Habitat Restoration, Establishment, and
Enhancement Activities Approve General & Specific
28 Modifications to Existing Marina Approve None
30 Moist Soil Management for Wildlife Approve General
31 Maintenance of Existing Flood Control Facilities Deny N/A
32 Completed Enforcement Actions Deny N/A
33 Temporary Construction, Access, and
Dewatering Approve General & Specific
34 Cranberry Production Activities Deny N/A
35 Maintenance Dredging of Existing Basins Deny N/A
36 Boat Ramps Approve General & Specific
37 Emergency Watershed Protection and
Rehabilitation Approve General & Specific
38 Cleanup of Hazardous and Toxic Waste Deny N/A
41 Reshaping Existing Drainage Ditches Deny N/A
45 Repair of Uplands Damaged by Discrete Events Approve None
46 Discharges to Ditches Approve General & Specific
47 Reserved N/A N/A
49 Coal Remining Activities Approve None
53 Removal of Low-Head Dams Deny N/A
54 Living Shorelines Deny N/A
59 Water Reclamation and Reuse Facilities Deny N/A
GENERAL CONDITIONS:
The following conditions shall apply to any permittee whose project qualifies under any
NWP approved by this certification. All activities that do not meet these conditions
require an individual Water Quality Certification from IDEM and are not authorized
under this WQC.
(1) The permittee must submit a complete Notification Form for any NWP that requires
notification by this WQC. For those NWPs, the permittee must submit notification
at least 30 days prior to the impacts or receive verification from the IDEM Office of
Water Quality stating the proposed project meets the terms and conditions of this
Section 401 WQC. The notification submitted to the IDEM Office of Water Quality
must at a minimum provide applicant information, project location, existing project
site conditions, project impacts, and a proposed plan. Failure to submit all required
U.S. Army Corps of Engineers 2020 NWP’s
Page 4
information will result in the project being considered out-of-scope and not
authorized.
(2) The permittee shall deposit any dredged material in a contained upland disposal
area to prevent sediment run-off to any waterbody. An upland disposal area is
defined as an area of dry land that does not contain any wetlands as defined by
the 1987 Army Corps of Engineers Wetland Delineation Manual and the applicable
Regional Supplements or any streams1.
(3) The permittee shall install run-off and sediment control measures prior to any land
disturbance to manage stormwater and to minimize sediment from leaving the
project site or entering a waterbody. All operations must phase project activities to
minimize the impact of sediment to the receiving waterbody(ies). Erosion and
sediment control measures shall be implemented using an appropriate order of
construction (sequencing) relative to the land-disturbing activities. Wetlands
and/or waterbodies that are adjacent to land-disturbing activities must be protected
with appropriate sediment control measures. As work progresses, all areas void of
protective cover shall be re-vegetated or stabilized as described in the plan. Areas
that are to be re-vegetated must utilize mulch that is anchored or, under more
severe conditions, erosion control blankets. Erosion control blankets or other
armament shall be used for all areas associated with concentrated flow.
Standards and specifications for stormwater management, including erosion and
sediment control can be obtained in the Indiana Stormwater Quality Manual or
similar guidance documents.
(4) The permittee shall allow the commissioner or an authorized representative of the
commissioner (including an authorized contractor), upon the presentation of
credentials to conduct the following activities:
(a) enter upon the permittee’s property;
(b) have access to and copy at reasonable times any records that must be kept
under the conditions of these permits or this certification;
(c) inspect, at reasonable times, any monitoring or operational equipment or
method; collection, treatment, pollution management or discharge facility or
device; practices required by this certification; and any mitigation site; and
(d) sample or monitor any discharge of pollutants or any mitigation site.
(5) This WQC does not authorize activities that result in a permanent secondary effect
to waters of the U.S. (e.g., dredging, excavation, damming, creation of in-channel
ponds) that when combined with the primary effect exceeds the area and length
thresholds specified by this WQC.
1 Stream, for the purpose of this Water Quality Certification, means conveyance channels that have a defined bed
and bank and an ordinary high water mark. This term includes natural streams, relocated streams, channelized
streams, artificial channels, encapsulated channels and ditches.
U.S. Army Corps of Engineers 2020 NWP’s
Page 5
(6) This WQC does not:
(a) authorize impacts or activities outside the scope of this certification;
(b) authorize any injury to permittees or private property or invasion of other
private rights, or any infringement of federal, state or local laws or regulations;
(c) convey any property rights of any sort, or any exclusive privileges;
(d) preempt any duty to obtain federal, state or local permits or authorizations
required by law for the execution of the project or related activities; or
(e) authorize changes in the plan design detailed in the notice or application.
(7) This WQC does not authorize point source discharges of pollutants other than
clean fill2 and uncontaminated dredged material.
(8) This WQC does not authorize activities associated with the establishment of a
mitigation bank.
(9) This WQC does not authorize activities that will permanently change the sinuosity,
flow path, velocity, cross-sectional area under the Ordinary High Water Mark
(OHWM), or the slope of a stream except those activities authorized through
compliance with NWP #13 Specific Condition 9.
(10) This WQC does not authorize activities on or in any of the State’s waters that have
been designated as salmonid waters (see Attachment #1), tributaries of salmonid
waters within a two river mile reach upstream from the confluence with the
salmonid water unless the activity meets one or more of the following conditions:
(a) Bank stabilization activities that:
(1) Are completed using bioengineered methods, riprap, and/or glacial
stone, that conforms to the existing shoreline and does not project out
into the channel, and
(2) Do not create a wall.
(3) Do not include the installation of cofferdams, causeways, temporary
access roads, or dewatering activities.
(b) Encapsulations that:
(1) Are installed to span the width of the ordinary high water mark (OHWM),
and are embedded in accordance with Specific Condition 3(f)7 below,
and
(2) Do not include the installation of cofferdams, causeways, temporary
access roads, or dewatering activities.
(3) Are installed outside the salmonid fish spawning dates of March 15
through June 15 and from July 15 through November 30.
2 Clean fill, for the purpose of this Water Quality Certification, means uncontaminated rocks, bricks, concrete
without rebar, road demolition waste materials other than asphalt, or earthen fill.
U.S. Army Corps of Engineers 2020 NWP’s
Page 6
(c) Work is conducted outside the salmonid fish spawning dates of March 15
through June 15 and from July 15 through November 30.
(11) This WQC does not authorize activities on or in any of the State’s waters that have
been designated as Outstanding State and/or National Resource Waters (see
Attachment #1).
(12) This WQC does not authorize activities on or in any critical wetland or critical
special aquatic sites (see Attachment #2).
(13) This WQC does not authorize activities that have a cumulative permanent impact
of more than twenty-five hundredths (0.25) acre of waters of the U.S. Note:
Activities that have a cumulative permanent impact to waters of the U.S. of more
than one-tenth (0.10) acre must comply with the mitigation requirements listed in
General Condition 15 of this WQC.
(14) This WQC does not authorize activities that will have a cumulative permanent
impact of more than 500 linear feet of waters of the U.S. Note: Activities that have
a cumulative permanent impact to waters of the U.S. of more than 300 linear feet
must comply with the mitigation requirements listed in General Condition 16 of
this WQC.
(15) Cumulative permanent impacts to waters of the U.S. greater than 0.10 acre up to
and including 0.25 acre are authorized provided the following conditions are met:
(a) The impacts comply with all conditions of this Section 401 Water Quality
Certification.
(b) Mitigation is provided for all impacts.
(c) Sufficient mitigation credits are available in the service area where the
impacts occur. Note: Credits may not be available at all times. Failure to
purchase credits before impacting water resources will require an individual
401 WQC and may result in additional mitigation requirements to compensate
for temporal loss of water resource functions.
(d) Mitigation credits are purchased from an approved compensatory mitigation
bank or through the Indiana Stream and Wetland Mitigation Program (in-lieu
fee (ILF). Permittee responsible mitigation is not authorized under this 401
WQC.
(e) The amount of mitigation credit purchased is 1:1 for streams, open water, and
farmed wetlands, 2:1 for emergent wetland, 3:1 for scrub shrub wetland, 4:1
for forested wetland.
(f) The credits are purchased in the bank or ILF service area where the impacts
occur.
(g) Proof of a finalized credit purchase is provided to IDEM:
1) Before the impacts occur. Note: Banks and ILF programs may require
30 days or more to finalize a purchase.
U.S. Army Corps of Engineers 2020 NWP’s
Page 7
2) Within one (1) year of IDEM’s receipt of the Notification form.
(16) Cumulative permanent impacts to waters of the U.S. greater than 300 linear feet
up to and including 500 linear feet are authorized provided the following conditions
are met:
(a) The impacts comply with all conditions of this Section 401 Water Quality
Certification.
(b) Mitigation is provided for all impacts.
(c) Sufficient mitigation credits are available in the service area where the
impacts occur. Note: Credits may not be available at all times. Failure to
purchase credits before impacting water resources will require an individual
401 WQC and may result in additional mitigation requirements to compensate
for temporal loss of water resource functions.
(d) Mitigation credits are purchased from an approved compensatory mitigation
bank or through the Indiana Stream and Wetland Mitigation Program (in-lieu
fee (ILF). Permittee responsible mitigation is not authorized under this 401
WQC.
(e) The amount of mitigation credit purchased is 1:1 for streams.
(f) The credits are purchased in the bank or ILF service area where the impacts
occur.
(g) Proof of a finalized credit purchase is provided to IDEM:
1) Before the impacts occur. Note: Banks and ILF programs may require
30 days or more to finalize a purchase.
2) Within one (1) year of IDEM’s receipt of the Notification form.
(17) The permittee must demonstrate, via letter from the Indiana Department of Natural
Resources (IDNR), Division of Nature Preserves, that no state endangered,
threatened, or rare species are documented on a permanent or seasonal basis
within ½-mile radius of the proposed project site. If you have listed species, you
must provide documentation from the IDNR that states your project will not impact
the listed species. If IDNR recommends seasonal work restrictions or other
avoidance and minimization measures, those restrictions or avoidance and
minimization measures must be incorporated into your project plans and
implemented during construction.
(18) This WQC allows the use of multiple NWPs on the same project as long as the
cumulative effect for the entire project is less than the specified impact thresholds
in General Conditions 13 & 14 or as specified in the Specific Conditions below.
If a project exceeds the specified impact thresholds, the activities are not
authorized by this WQC and an individual WQC is required. IDEM may certify
several federal permits or licenses under one individual WQC.
(19) Upon request, the applicant must submit additional information necessary to IDEM
to determine if a project will qualify under the terms and conditions of this
U.S. Army Corps of Engineers 2020 NWP’s
Page 8
certification. If the applicant fails to provide any information requested by IDEM,
then the project is not authorized.
(20) All stream pump-around activities must be conducted in a manner that does not
cause erosion at the outlet. Cofferdam dewatering activities must use filter bags,
upland sediment basins/traps, or a combination of other appropriate sediment
control measures to minimize the discharge of sediment-laden water into waters of
the U.S. All sediment control measures must be installed and maintained in good
working order. For stream pump-around activities, the in-stream material used to
construct the dam must be constructed of non-sediment producing sources.
Examples include sand bags and sheet pile walls.
(21) The permittee must ensure all placement of riprap or other bank stabilization
materials are designed and installed flush with the upstream and downstream bank
and stream channel/lake bed elevations and grades.
(22) Notification to IDEM is required for any temporary impacts that exceed 0.10 acre
for any proposed NWP. For emergency repair situations notification may take
place after the emergency repair has begun.
(23) After construction, temporary fill must be removed in their entirety and the affected
areas returned to the pre-construction elevations. The areas affected by
temporary fill must be revegetated, as appropriate.
(24) The permittee will submit an application for an individual certification if IDEM
determines the project would have more than minimal impacts to water quality,
either viewed individually or collectively with other projects that may affect the
same waterbody.
NATIONWIDE PERMIT #3, MAINTENANCE, SPECIFIC CONDITIONS
The following conditions apply to NWP #3. All activities that do not meet these
conditions require an individual WQC from IDEM and are not authorized under this
WQC.
(1) For activities involving the replacement of a stream encapsulation:
(a) The replacement must not reduce the cross-sectional area under bank full
elevation;
(b) The replacement must not increase the length of the total encapsulation to
over 150 feet;
(c) The replacement must have either the same slope as the existing
encapsulation, or will more closely match the slope of the stream immediately
upstream and downstream;
U.S. Army Corps of Engineers 2020 NWP’s
Page 9
(d) The replacement must either be the same size and type of encapsulation or
one that has a greater ability to provide for aquatic life movement. The
replacement must not reduce the cross-sectional area of the encapsulation;
(e) Bank stabilization and channel bottom stabilization must not exceed either
one bank full width upstream and downstream of the replacement
encapsulation or ten linear feet whichever is greater;
(f) Any channel bottom stabilization must be flush with the existing grade of the
stream bottom; and
(g) Existing encapsulations over 150 feet may be replaced under this NWP as
long as the structure length does not change more than 20 feet upstream and
20 feet downstream.
(2) For activities involving the placement of thermal plastic liners or other liner types
into existing structures:
(a) Liners may not be used to extend the structure length by more than 12-inches
on either end of the structure;
(b) Liners must be installed so that the invert of the liner is as close to the invert
of the host pipe as practical;
(c) Riprap scour protection or an energy dissipater must be installed flush with
the upstream and downstream bank and stream channel elevations and
grades;
(d) The project must be reviewed and approved by the INDOT Office of
Hydraulics for projects undertaken by the Indiana Department of
Transportation (INDOT) and a Local Public Agency (LPA);
(e) The liner size must be the largest size approved by the INDOT Office of
Hydraulics;
(f) A hydraulic modeling report must be submitted following the INDOT
Standards and Specifications found at
http://www.in.gov/indot/design_manual/design_manual_2013.htm for projects
undertaken by permittees or entities other than INDOT or a LPA,;
(g) If an existing culvert sump cannot be maintained by the installation of a liner
then an individual Section 401 Water Quality Certification is required; and
(h) For perennial streams, the structure must not be in an elevated position
(hanging culvert) within the stream channel. Hanging culverts in perennial
stream channels require an Individual Section 401 Water Quality Certification.
(3) For all other maintenance activities:
(a) The activity must not permanently affect more than one-tenth (0.1) of an acre
of waters of the United States;
(b) The activity must not permanently change the sinuosity, flow path, velocity,
cross sectional area under the bank full elevation or the slope of a stream;
(c) The activity must not permanently affect more than 300 linear feet of stream
channel, streambank, or lake shoreline;
U.S. Army Corps of Engineers 2020 NWP’s
Page 10
(d) Bank stabilization activities, require the permittee demonstrate that the bank
or shoreline in question is unstable;
(e) The activity must not result in a permanent secondary effect to waters of the
United States (e.g., dredging, excavation, damming, creation of in-channel
ponds) that, when combined with the primary effect, exceeds the area and
length thresholds specified above; and
(f) Any channel bottom stabilization must be installed flush with the existing
stream grade.
NATIONWIDE PERMIT #7, OUTFALL STRUCTURES AND ASSOCIATED INTAKE
STRUCTURES, SPECIFIC CONDITIONS
The following conditions apply to NWP # 7. All activities that do not meet these
conditions require an Individual WQC from IDEM and are not authorized under this
WQC.
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above;
(2) The activity must not permanently affect more than one-tenth (0.1) of an acre of
waters of the United States;
(3) The activity must not permanently affect more than 300 linear feet of streambank
or lake shoreline;
(4) The placement of riprap or other bank stabilization material must be installed flush
with the upstream and downstream bank and stream channel/lake bed elevations
and grades;
(5) The activity must not result in a permanent secondary effect to waters of the United
States (e.g. dredging, excavation, damming, creation of in-channel ponds) that,
when combined with the primary effect, exceeds the area and length thresholds
specified above;
(6) All areas disturbed by the construction of intake and outfall structures must be
immediately seeded and stabilized; and
(7) All outfalls shall be constructed in a manner that does not cause erosion at the
outlet.
NATIONWIDE PERMIT #13, BANK STABILIZATION, SPECIFIC CONDITIONS
The following conditions apply to NWP # 13. All activities that do not meet these
conditions require an Individual WQC from IDEM and are not authorized under this
WQC.
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above;
(2) The WQC does not authorize bank stabilization activities within wetlands;
U.S. Army Corps of Engineers 2020 NWP’s
Page 11
(3) The activity must not permanently affect more than twenty-five hundredths (0.25)
of an acre of waters of the United States. See General Condition 13 of this WQC
for additional impact and mitigation requirements;
(4) The activity must not permanently affect more than 500 linear feet of streambank
or lake shoreline. See General Condition 14 of this WQC for additional impact
and mitigation requirements;
(5) The activity must not exceed two (2) cubic yards per running foot, as measured
along the length of the treated bank or shoreline;
(6) The permittee must demonstrate that the bank or shoreline in question is unstable;
(7) Natural shoreline stabilization methods are required where there is no pre-existing
seawall or other shoreline hard armament on a lake or reservoir. Natural shoreline
stabilization methods include bank stabilization practices that benefit the aquatic
environment by incorporating organic materials to produce functional structures,
provide wildlife habitat, and provide areas for revegetation;
(8) The placement of riprap or other bank stabilization material must be installed flush
with the upstream and downstream bank and stream channel/lake bed elevations
and grades: and
(9) The installation of stream barbs (bendway weirs) must:
(a) Be a component of a bank stabilization project:
(b) Be designed by a qualified engineer;
(c) Include bioengineering and vegetative practices to add roughness to the
bank;
(d) Be placed on the outside meander bend;
(e) Be keyed into the stream bank and stream bed;
(f) Not direct flow into the opposite bank; and
(g) Be placed in a manner that transitions flow into the downstream channel and
receiving riffle.
NATIONWIDE PERMIT #14, LINEAR TRANSPORTATION PROJECTS, SPECIFIC
CONDITIONS
The following conditions apply to NWP # 14. All activities that do not meet these
conditions require an Individual WQC from IDEM and are not authorized under this
WQC.
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above;
(2) The activity must not permanently affect more than twenty-five hundredths (0.25)
of an acre of waters of the United States. See General Condition 13 of this WQC
for additional impact and mitigation requirements;
(3) The activity must not permanently affect more than 500 linear feet of streambank
or lake shoreline. See General Condition 14 of this WQC for additional impact
and mitigation requirements;
U.S. Army Corps of Engineers 2020 NWP’s
Page 12
(4) The placement of riprap or other bank stabilization material must be installed flush
with the upstream and downstream bank and stream channel/lake bed elevations
and grades;
(5) The activity must not result in a permanent secondary effect to waters of the United
States (e.g. dredging, excavation, damming, creation of in-channel ponds) that,
when combined with the primary effect, exceeds the area and length thresholds
specified above;
(6) The activity must not result in the relocation of a stream. Minimal stream
relocations may be authorized, provided the activity:
(a) Is associated with the installation of a stream crossing or replacement of an
existing crossing, and results in a net benefit to the aquatic ecosystem and
stream morphology.
(b) Does not reduce the cross-sectional area under the OHWM.
(c) Is accompanied by an acceptable restoration/stabilization plan.
(d) Does not accelerate stream instability as demonstrated in the plans by a
qualified engineer. Examples of instability include, but are not limited to,
stream bank erosion, channel enlargement, channel incision, degradation,
aggradation, meander migration (down-valley and lateral accretion), avulsion
and base-level shifts.
(7) New bridge piers, piles, shafts or other support structures and their associated
scour protection measures must not significantly reduce the cross-sectional area of
the stream and be located outside the low flow channel of the stream.
(8) Permanent stream encapsulations must:
(a) Be installed for the purpose of constructing a crossing.
(b) Allow the passage of aquatic organisms in the waterbody.
(c) Not exceed 150 feet cumulative linear feet of encapsulation.
(d) Have at least one (1) opening with a cross-sectional area twenty percent
(20%) larger than the area under the OHWM of the stream immediately
upstream and downstream of the encapsulation. If multiple encapsulations
are proposed, then the largest culvert meeting the cross-sectional area
requirement must be positioned in the channel to align with the existing flow
of the channel.
(e) Have a streambed slope within the encapsulation that matches the slope of
the bed both immediately upstream and downstream.
(f) Not create or accelerate stream instability as demonstrated in the plans by a
qualified engineer. Examples of stream instability include, but are not limited
to head cutting, stream bank erosion, channel enlargement, channel incision,
degradation, aggradations, meander migration, (down-valley and lateral
accretion), avulsion, and base-level shifts.
U.S. Army Corps of Engineers 2020 NWP’s
Page 13
(g) Either have not bottom (e.g., three sided culvert) or are embedded (sumped)3
into the stream channel based on the following structure sizes and substrate
types:
1) Stream bed of sand
• Structure <four (4) feet wide: Six (6) inch sump
• Structure four (4) feet wide to 12 feet wide: 12 inch sump
• Structure 12 feet to 20 feet wide: 18 inch sump
2) Stream bed of other soil or unconsolidated till4
• Structure < four (4) feet wide: Three (3) inch sump
• Structure four (4) feet wide to 12 feet wide: Six (6) inch sump
• Structure 12 feet wide to 20 feet wide: 12 inch sump
3) Stream bed of bedrock or consolidated till5
• Inside elevation of the structure bottom shall be a minimum of three
(3) inches below the surface of the bedrock or consolidated till.
(h) Meet the following requirements when installed in perennial streams with an
OHWM width of 12 feet or greater:
1) Be sumped to a greater depth if needed for the design of the streambed
inside the encapsulation.
2) Have a width equal to or wider than the existing OHWM.
3) Have a natural stream bottom. If the stream bottom will be disturbed
during construction (e.g. four sided box culvers, pipe culverts, or
because of footer work for three sided culverts), natural stream substrate
must be placed in the encapsulation in accordance with the Federal
Highway Administration Hydraulic Engineering Circular No. 26: Culvert
Design for Aquatic Organism Passage.
4) Have a low flow channel constructed or restored through the
encapsulation. The low flow channel shall have the same width, depth,
and side slope as the natural upstream and downstream low flow
channel. If the upstream and downstream channels are highly
degraded, a V-shaped channel with 5:1 slopes within the structure may
be substituted.
NATIONWIDE PERMIT #15, U.S. COAST GUARD APPROVED BRIDGES, SPECIFIC
CONDITIONS
The following conditions apply to NWP # 15. All activities that do not meet these
conditions require an Individual WQC from IDEM and are not authorized under this
WQC.
3 Sump, for the purpose of this Water Quality Certification, means the inside elevation of the bottom of the structure
is placed at a specified depth below the grade of the stream.
4 Other soil and unconsolidated till includes substrates that are more cohesive and less mobile (e.g clay, silt, gravel,
and cobble substrates).
5 Consolidated till includes dense hard materials such as hardpan.
U.S. Army Corps of Engineers 2020 NWP’s
Page 14
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above;
(2) The activity must not permanently affect more than one-tenth (0.1) of an acre of
waters of the United States;
(3) The activity must not permanently affect more than 300 linear feet of streambank
or lake shoreline;
(4) The placement of riprap or other bank stabilization material must be installed flush
with the upstream and downstream bank and stream channel/lake bed elevations
and grades; and
(5) The activity must not result in a permanent secondary effect to waters of the United
States (e.g. dredging, excavation, damming, creation of in-channel ponds) that,
when combined with the primary effect, exceeds the area and length thresholds
specified above.
NATIONWIDE PERMIT #18, MINOR DISCHARGES, SPECIFIC CONDIIONS
The following conditions apply to NWP #18. All activities that do not meet these
conditions require an Individual WQC from IDEM and are not authorized under this
WQC.
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above; and
(2) The activity must not permanently affect more than one-tenth (0.1) of an acre of
waters of the United States.
NATIONWIDE PERMIT #25, STRUCTURAL DISCHARGES, SPECIFIC CONDITIONS
The following conditions apply to NWP # 25. All activities that do not meet these
conditions require an Individual WQC from IDEM and are not authorized under this
WQC.
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above;
(2) The activity must not permanently affect more than one-tenth (0.1) of an acre of
waters of the United States;
(3) New bridge piers, piles, shafts, or other support structures authorized under this
NWP shall be located outside the low flow channel of the stream except where the
bridge structure is located in a U.S. Army Corps of Engineers Section 10 Water;
(4) The material excavated from a tightly sealed form or cell must be disposed of in an
upland disposal area;
(5) The dewatering of the tightly sealed form or cell must be discharged into a
contained upland disposal area; and
(6) The activity must not result in a permanent secondary effect to waters of the United
States (e.g. dredging, excavation, damming, creation of in-channel ponds) that,
U.S. Army Corps of Engineers 2020 NWP’s
Page 15
when combined with the primary effect, exceeds the area and length thresholds
specified above.
NATIONWIDE PERMIT #27, AQUATIC HABITAT RESTORATION,
ESTABLISHMENT, AND ENHANCEMENT ACITIVITIES, SPECIFIC CONDITIONS
This WQC authorizes activities under NWP #27 when they have a minimal effect on
water quality, are a component of a restoration program previously approved by IDEM,
or involve certain activities undertaken by the Abandoned Mine Land (AML) Program
administered by IDNR. All activities that do not meet these conditions require an
individual WQC from IDEM and are not authorized under this WQC.
(1) An activity qualifies for this NWP because it will have a minimal effect if:
(a) The activity will permanently affect one-tenth (0.1) of an acre or less of
Waters of the United States;
(b) The activity will permanently affect 300 linear feet or less of streambank or
lake shoreline; and
(c) The activity will not result in a permanent secondary effect to waters of the
United States (e.g. dredging, excavation, damming, creation of in-channel
ponds) that, when combined with the primary effect, exceeds the area and
length thresholds specified above.
(2) An activity qualifies for this NWP because it is a component of a restoration
program previously approved by IDEM if:
(a) The activity occurs within the same sub-watershed 6 as a water that IDEM
has identified as impaired; and
(b) DEM identified the activity as beneficial for reducing or eliminating the
impairment in a Total Maximum Daily Load (TMDL), an IDEM approved
Watershed Plan or a Memorandum of Agreement or Memorandum of
Understanding with the agency sponsoring the restoration or enhancement
activities.
(3) An activity qualifies for this NWP because it is a qualifying AML project if:
(a) The activity is undertaken by the IDNR, Division of Reclamation, AML
Program;
(b) The activity is designed to improve water quality in an impaired water of the
United States where the source of impairment is acid mine contamination;
(c) The activity facilitates the treatment of acid mine drainage or covers a source
of impairment 7; and
(d) The activity does not result in the discharge of dredged or fill material into any
wetland, stream, or other Waters of the United States that are unimpaired by
6 For the purpose of this WQC, sub-watershed means the U.S. Geological Survey’s 14-digit Hydrologic Unit Code
(HUC).
7 AML projects that qualify generally consist of damming or relocating waters carrying acid mine contamination to
divert flow into constructed treatment systems.
U.S. Army Corps of Engineers 2020 NWP’s
Page 16
acid mine drainage unless that discharge qualifies under specific condition #1
above.
(4) This WQC does not authorize the discharge of sediment from a reservoir to restore
downstream habitat.
(5) The permittee must notify IDEM in accordance with General Condition (1) listed
above for all projects which require the installation or removal of any water control
structures, dikes, berms, or accumulated sediment. IDEM will review the
notification within 30 days to determine whether or not IDEM will elevate the NWP
to an Individual Water Quality Certification or authorize it as submitted.
NATIONWIDE PERMIT #33, TEMPORARY CONSTRUCTION, ACCESS, AND
DEWATERING, SPECIFIC CONDITIONS
The following conditions apply to NWP #33. All activities that do not meet these
conditions require an individual WQC from IDEM and are not authorized under this
WQC.
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above;
(2) The activity must not temporarily affect more than twenty-five hundredths (0.25) of
an acre of waters of the United States;
(3) The activity must not temporarily affect more than 500 linear feet of streambank or
lake shoreline;
(4) The notification must include a restoration plan returning all areas to preconstruction
grades, contours, and vegetated conditions. The restoration plan
should include plans for the removal of temporary fill, grading/compaction, seeding,
planting, success criteria, and any necessary maintenance;
(5) Temporary stream crossings must meet the following conditions:
(a) Must be installed in a manner that maintains near normal downstream flows.
(b) Must be installed in a manner that does not interfere with aquatic organism
passage.
(c) The culverts installed in the crossing must be placed on the bottom of the
channel in the low flow channel. If multiple culverts are necessary, they must
all be placed on the bottom of the channel.
(d) The culverts must be kept clear of sediment and debris and maintained in
their designed and approved conditions.
(e) The culverts must be placed in a manner that does not direct stream flows
toward a streambank.
(f) The crossing must be constructed of materials that will not erode due to
expected high flow events.
(g) The stream must be restored to preconstruction channel bottom elevations
and substrate types. The stream banks and riparian corridor must be
restored to preconstruction contours, grades, and vegetative conditions.
(6) Temporary work causeways must meet the following conditions:
(a) Must be installed in a manner that maintains near normal downstream flows.
U.S. Army Corps of Engineers 2020 NWP’s
Page 17
(b) Must not interfere with aquatic organism passage.
(c) Must not span the entire width of the channel unless the notification is
accompanied by a letter of approval from the Indiana Department of Natural
Resources Division of Water.
(d) The culverts used to construct the causeway must be placed on the channel
bottom.
(e) The culverts must be kept clear of sediment and debris and maintained in
their designed and approved conditions.
(f) Must be constructed of materials that will not erode due to expected high flow
events.
(g) The stream must be restored to preconstruction channel bottom elevations
and substrate types. The stream banks and riparian corridor must be
restored to preconstruction contours, grades, and vegetative conditions.
(7) All stream pump-around activities must be implemented in a manner that does not
cause erosion at the outlet. Cofferdam dewatering activities must use filter bags,
upland sediment basins/traps, or a combination of other appropriate sediment
control measures to minimize the discharge of sediment-laden water into waters of
the U.S. All sediment control measures must be installed and maintained in good
working order. For stream pump-around activities, the in-stream material used to
construct the dam must be constructed of non-sediment producing sources.
Examples include sand bags and sheet pile walls; and
(8) All dredged material must be disposed of in accordance with General Condition 2
of this WQC.
NATIONWIDE PERMIT #36, BOAT RAMPS, SPECIFIC CONDITIONS
The following conditions apply to NWP #36. All activities that do not meet these
conditions require an individual WQC from IDEM and are not authorized under this
WQC.
(1) The permittee must notify IDEM in accordance with General Condition 1 listed
above;
(2) The ramp shall not be placed in wetlands;
(3) The maximum width of the ramp is less than 60 feet;
(4) The area to be dredged shall be the minimum necessary to construct the ramp;
and
(5) All dredged material will be disposed of in accordance with General Condition 2
of this WQC.
NATIONWIDE PERMIT #37, EMERGENCY WATERSHED PROTECTION AND
REHABILITATION, SPECIFIC CONDITIONS
The following conditions apply to NWP #37. All activities that do not meet these
conditions require an individual WQC from IDEM and are not authorized under this
WQC.
U.S. Army Corps of Engineers 2020 NWP’s
Page 18
(1) The activity is consistent with a Memorandum of Agreement (MOA) or
Memorandum of Understanding (MOU) between the IDEM and the Natural
Resources Conservation Service, the United States Forest Service, the
Department of the Interior, the Farm Services Agency, or the IDNR. An MOA/MOU
must be in place prior to the emergency situation and must ensure that the
emergency activities authorized under NWP #37 will not cause or contribute to
permanent water quality degradation or impairment.
NATIONWIDE PERMIT #46, DISCHARGES TO DITCHES, SPECIFIC CONDITIONS
The following condition applies to NWP #46. All activities that do not meet this condition
require an individual WQC from IDEM and are not authorized under this WQC.
(1) The activity must not permanently change the velocity, cross sectional area under
the bank full elevation or the slope of the ditch.
Any changes in the language or scope of any NWP not detailed in the Federal
Register notice dated September 15, 2020, are not authorized by this certification. In
the absence of another action by IDEM that would alter the termination date of this
certification, this certification shall expire with the expiration of the federal permits it
certifies.
This certification does not relieve the recipient of the responsibility of obtaining any
other permits or authorizations that may be required for this project or related activities
from IDEM or any other agency or person. You may wish to contact the Indiana
Department of Natural Resources at 317-232-4160 (toll free at 877-928-3755)
concerning the possible requirement of natural freshwater lake or floodway permits. In
addition, you may wish to contact IDEM’s stormwater program at 317-233-1864
(Stormwat@idem.IN.gov) concerning the possible need for construction stormwater
permit coverage if you plan to disturb one (1) acre or more of land area.
Failure to comply with the terms and conditions of this Section 401 Water Quality
Certification may result in enforcement action against you. You may also be subject to
criminal liability if it is determined that the Section 401 Water Quality Certification was
violated willfully or negligently.
Notice of Right to Administrative Review
If you wish to challenge this permit, you must file a Petition for Administrative Review
with the Office of Environmental Adjudication (OEA), and serve a copy of the petition
upon IDEM. The requirements for filing a Petition for Administrative Review are found in
IC 4-21.5-3-7, IC 13-15-6-1 and 315 IAC 1-3-2. A summary of the requirements of these
laws is provided below.
U.S. Army Corps of Engineers 2020 NWP’s
Page 19
A Petition for Administrative Review must be filed with the Office of Environmental
Adjudication (OEA) within fifteen (15) days of the issuance of this notice (eighteen (18)
days if you received this notice by U.S. Mail), and a copy must be served upon IDEM.
Addresses are:
Director Commissioner
Office of Environmental Adjudication Indiana Dept. of Environmental Management
Indiana Government Center North Indiana Government Center North
100 North Senate Avenue, Room N103 100 North Senate Avenue, Room 1301
Indianapolis, Indiana 46204 Indianapolis, Indiana 46204
The petition must contain the following information:
(a) The name, address and telephone number of each petitioner.
(b) A description of each petitioner’s interest in the permit.
(c) A statement of facts demonstrating that each petitioner is:
(1) a person to whom the order is directed;
(2) aggrieved or adversely affected by the permit; or
(3) entitled to administrative review under any law.
(d) The reasons for the request for administrative review.
(e) The particular legal issues proposed for review.
(f) The alleged environmental concerns or technical deficiencies of the denial.
(g) The permit terms and conditions that the petitioner believes would be
appropriate and would comply with the law.
(h) The identity of any persons represented by the petitioner.
(i) The identity of the person against whom administrative review is sought.
(j) A copy of the permit that is the basis of the petition.
(k) A statement identifying petitioner’s attorney or other representative, if any.
Failure to meet the requirements of the law with respect to a Petition for
Administrative Review may result in a waiver of your right to seek administrative review of
the permit. Examples are:
(a) Failure to file a Petition by the applicable deadline;
(b) Failure to serve a copy of the Petition upon IDEM when it is filed; or
(c) Failure to include the information required by law.
If you seek to have a permit stayed during the administrative review, you may need
to file a Petition for a Stay of Effectiveness. The specific requirements for such a
Petition can be found in 315 IAC 1-3-2 and 315 IAC 1-3-2.1.
Pursuant to IC 4-21.5-3-17, OEA will provide all parties with notice of any prehearing
conferences, preliminary hearings, hearings, stays, or orders disposing of the
review of this action. If you are entitled to notice under IC 4-21.5-3-5(b) and would like
to obtain notices of any pre-hearing conferences, preliminary hearings, hearings, stays,
U.S. Army Corps of Engineers 2020 NWP’s
Page 20
or orders disposing of the review of this action without intervening in the proceeding you
must submit a written request to OEA at the address above.
If you have procedural or scheduling questions regarding your Petition for
Administrative Review, additional information on the review process is available at the
website of the Office of Environmental Adjudication at http://www.in.gov/oea.
If you have any questions about this certification, please contact Jason Randolph,
Project Manager, of my staff by phone at 317-233-0467, or by e-mail at
jrandolp@idem.in.gov.
Sincerely,
Martha Clark Mettler
Assistant Commissioner
Office of Water Quality
cc: Kimberly Simpson, USACE-Louisville
Aaron Damrill, USACE-Detroit, Michiana Branch
Paul Leffler, USACE-Chicago
Scott Pruitt, USFWS
Matt Buffington, IDNR
Randy Braun, IDEM
Attachment 1: Indiana Waters Designated for Special Protection
Designated Salmonid Waters:
[327 IAC 2-1.5-5(a)(3)]
• Trail Creek and its tributaries downstream to Lake Michigan, LaPorte County
• East Branch of the Little Calumet River and its tributaries downstream to Lake Michigan via
Burns Ditch, Porter and LaPorte Counties
• Salt Creek above (upstream of) its confluence with the Little Calumet River, Porter County
• Kintzele Ditch (Black Ditch) from Beverly Drive downstream to Lake Michigan, Porter County
• The Galena River and its tributaries, LaPorte County
• The St. Joseph River and its tributaries in St. Joseph County from the Twin Branch Dam in
Mishawaka downstream to the Indiana/Michigan state line, St. Joseph County
• The Indiana portion of the open waters of Lake Michigan
• Those waters designated by the Indiana Department of Natural Resources (IDNR) for putand-
take trout fishing1
Waterbodies which have been designated all or partially as Outstanding State Resource
Waters: [327 IAC 2-1-11(b), 327 IAC 2-1.3-3(d), and 327 IAC 2-1.5-19(b)]
• Big Pine Creek in Warren County downstream of the State Road 55 bridge near the town of
Pine Village to its confluence with the Wabash River
• Mud Pine Creek in Warren County from the bridge on the County Road between Brisco and
Rainsville to its confluence with Big Pine Creek
• Fall Creek in Warren County from the old C.R. 119 bridge in the NW quarter of Section 21,
Township 22N, Range 8W downstream to its confluence with Big Pine Creek
• Indian Creek in Montgomery County from the County Road 650 West bridge downstream to
its confluence with Sugar Creek
• Clifty Creek in Montgomery County within the boundaries of Pine Hills Nature Preserve
• Bear Creek in Fountain County from the bridge on County Road 450 North to its confluence
with the Wabash River
• Rattlesnake Creek in Fountain County from the bridge on County Road 450 North to its
confluence with Bear Creek
• The small tributary to Bear Creek in Fountain County within the Portland Arch Nature
Preserve which enters Bear Creek at the sharpest bend and has formed the small natural
bridge called Portland Arch
• Blue River from the confluence of the West and Middle Forks of the Blue River in
Washington County downstream to its confluence with the Ohio River
• The South Fork of Blue River in Washington County from the Horner's Chapel Road bridge
downstream to its confluence with Blue River.
• Lost River and all surface and underground tributaries upstream from the Orangeville Rise
(T2N, R1W, Section 6) and the Rise of Lost River (T2N, R1W, Section 7) and the mainstem
of the Lost River from the Orangeville Rise downstream to its confluence with the East Fork
of White River.
• The Blue River in Washington, Crawford, and Harrison Counties, from river mile 57.0 to river
mile 11.5
• The North Fork of Wildcat Creek in Carroll and Tippecanoe Counties, from river mile 43.11
to river mile 4.82
1 Available on the internet at: http://www.in.gov/dnr/fishwild/5457.htm
• The South Fork of Wildcat Creek in Tippecanoe County, from river mile 10.21 to river mile
0.00
• Cedar Creek in Allen and DeKalb counties, from river mile 13.7 to its confluence with the St.
Joseph River
• The Indiana portion of the open waters of Lake Michigan
• All waters incorporated in the Indiana Dunes National Lakeshore.
Attachment 2: Critical Wetlands and Critical Special Aquatic Sites
In the interest of maintaining consistency with the State Regulated (Isolated) Wetland
program established at 327 IAC 17, IDEM defines Critical Wetlands and Critical Special
Aquatic Sites to be synonymous with Rare and Ecologically Important Wetland Types
under 327 IAC 17-1-3(3)(B):
• Acid bog: Acid bog is an acidic wetland of kettle holes in glacial terrain. Bogs can be
graminoid (Carex spp. and Sphagnum spp.) or low shrub (Chamaedaphne calyculata and
Betula pumila). The graminoid bog can be a floating, quaking mat. The soils in acid bogs
are saturated and acidic peat. Bogs have non-flowing or very slow flowing water. The water
level fluctuates seasonally. When a sphagnum mat floats, it rises and falls with the water
table. Acid bogs can be found in northern Indiana.
• Acid seep: Acid seep is a bog-like wetland typically found in unglaciated hill regions. This
community is a small groundwater-fed wetland located primarily in upland terrain. A thin
layer of muck may lie over a mineral substrate. The soil reaction is acid. This seep
community is characterized by flowing water during at least part of the year. Acid seeps are
located primarily in southern Indiana.
• Circumneutral bog: Circumneutral bog is a bog-like wetland that receives groundwater.
Circumneutral bogs can be a mosaic of tall shrub bog, graminoid bog, and other
communities. The graminoid bog often occurs on a quaking or floating mat. Although a few
bogs occur in unglaciated regions, most are found in glacial ice-block depressions. The
soils in circumneutral bogs are usually peat, or other low nutrient organic substrates, which
are saturated and circumneutral to slightly acid. Circumneutral bogs have non-flowing or
very slow flowing water. The water level fluctuates seasonally. Circumneutral bogs are
usually found in northern Indiana.
• Circumneutral seep: The circumneutral seep (or seep-spring) is a groundwater-fed
wetland on organic soil. It is primarily herbaceous. Species typically include marsh
marigold (Caltha palustris) and skunk cabbage (Symplocarpus foetidus) with a scattered
tree canopy. Circumneutral seep is typically situated on or near the base of a slope. The
soil is typically circumneutral muck. This seep community is characterized by slowly flowing
water during at least part of the year. Circumneutral seeps can be found scattered
throughout Indiana.
• Cypress swamp: Bald cypress swamps are seasonally to permanently inundated wetlands
found in depressions and sloughs of large bottomlands associated with the Wabash/Ohio
River system. Poorly to very poorly drained soils characterize this environment. Bald
cypress (Taxodium distichum) is present, and green ash (Fraxinus pennsylvanica), silver
maple (Acer saccharinum), and overcup oak (Quercus lyrata) are also usually present. This
community is restricted to extreme southwest Indiana.
• Dune and swale: Dune and swale is an ecological system consisting of a mixture of upland
(black oak sand savanna, dry to mesic sand prairie) and wetland (pond, panne, sedge
meadow, marsh, wet prairie) natural communities. These communities occur in long,
narrow, linear complexes, with the dry communities occupying sand ridges, and the wet
communities occurring in the intervening swales. Black oak (Quercus velutina), paper birch
(Betula papyrifera), jack pine (Pinus banksiana), and prairie vegetation typically occur on the
ridges, and sedges, reeds, and marsh/aquatic vegetation line are found in the swales.
Water levels are directly influenced by ground water, with the interdunal swales controlled
largely by lateral flow through porous beach ridges. Dune and swale is restricted to extreme
northwest Indiana, near Lake Michigan.
• Fen: Fen is a calcareous, groundwater-fed wetland. Fens are often a mosaic of grassy
areas, sedgy areas, graminoid-shrubby cinquefoil, and tall shrub areas. The extent of the
tall shrub component of fens may be determined by fire frequency and/or soil moisture.
Drying of the soil increases the growth of shrubs. Fens typically occur in the vicinity of
glacial moraines. Fens typically have a muck or peat substrate. The water level fluctuates
seasonally and is fed by groundwater. Fens can be found in central and northern Indiana.
• Forested fen: Forested fen is a tree-dominated wetland on organic soil which receives
groundwater. Forested fens are often a mosaic of treed areas, tall shrub areas, and
herbaceous areas. A tall shrub layer is often well developed in forested fens. Indicative
species typically include tamarack (Larix laricina), black ash (Fraxinus nigra), yellow birch
(Betula alleghaniensis), poison sumac (Toxicodendron vernix), and red maple (Acer
rubrum). Forested fens occur in wet lowlands, where moraines meet outwash features or
depressions. Forested fens have saturated, poorly to very poorly drained soils that are often
muck, but some seasonal flooding can occur in forested fens that are especially level. This
community is a late successional stage of fen or circumneutral bog. Forested fens occur in
northern Indiana.
• Forested swamp: Forested swamp is a seasonally inundated to intermittently exposed
wetland of large river bottoms. Forested swamps do not receive direct flow from river
flooding except under exceptional circumstances. Forested swamps occur in depressions,
sloughs and large bottomlands, typically dominated by tree species such as swamp
cottonwood (Populus heterophylla), green ash (Fraxinus pennsylvanica), and swamp white
oak (Quercus bicolor). In northern Indiana important tree species include black ash
(Fraxinus nigra), yellow birch (Betula alleghaniensis), and red maple (Acer rubrum). Poorly
to very poorly drained and aerated soils characterize the swamp environment. Soils usually
are mineral not muck or peat. This community type is found throughout Indiana.
• Marl beach: Marl beach is a fen-like community located on the marly muck shorelines of
lakes. Marl precipitate is evident. A thin layer of water is present in spring, but dries down
in summer. Draw-down of a lake creates additional area for this community to develop on.
Marl beaches can be found in extreme northern Indiana, primarily in the northeast.
• Muck flat: Muck flat is a shoreline and lake community possessing a unique flora of sedges
and annual plants, many of which are also found on the Atlantic and Gulf Coastal Plains.
This community is found at the margins of lakes or covering shallow basins. This
community has a peat substrate. The muck flats can float on the water surface, but during
high water periods are usually inundated. The water level of a basin fluctuates during a
season or from year to year in response to the amount of precipitation. This exposes bare
substrate needed for germination by species of the community. Muck flats are found in
northern Indiana.
• Panne: Panne is a groundwater fed herbaceous wetland occupying interdunal swales near
Lake Michigan. Pannes are located on the lee side of the first or second line of dunes from
the lakeshore. The soil is wet, calcareous sand. Pannes are located in counties bordering
Lake Michigan.
• Sand flat: Sand flat is a shoreline and lake community possessing a unique flora of sedges
and annual plants, many of which are also found on the Atlantic and Gulf Coastal Plains.
This community is found at the margins of lakes or covering shallow basins. This
community has a sand substrate. During high water periods sand flats at the margins of
lakes or ponds are inundated. The water level of a basin fluctuates during a season or from
year to year in response to the amount of precipitation. This exposes bare substrate
needed for germination by species of the community. Sand flats occur in northern Indiana,
and in the Plainville Sand Section of southwest Indiana.
• Sedge meadow: Sedge meadow is an herbaceous wetland typically dominated by
graminoid species such as flat sedge (Cyperus spp.), spike rush (Eleocharis spp.), rushes
(Juncus spp.) and sedges (Carex spp.). Sedge meadow is an herbaceous wetland of
stream margins and river floodplains, and lake margins or upland depressions. Streamside
sedge meadows are frequently flooded in the spring and early summer. Sedge meadows of
lake margins and depressions often contain standing water during wet months and after
heavy rains; during dry periods, the water level is at or just below the substrate. Sedge
meadow usually occupies the ground between a marsh and the uplands, or a shrub swamp
or wet forest. Periodic high water can kill trees and shrubs invading sedge meadows.
Sedge meadows can be found in the northern half of the state.
• Shrub swamp: Shrub swamp is a shrub-dominated wetland that is seasonally inundated to
intermittently exposed. This community occurs in depressions and the substrate in either
mineral soils or muck, as opposed to peat which is characteristic of bogs. Shrub swamp is
characterized by non-flowing or very slowly flowing water with levels that fluctuate
seasonally. Shrub swamps are persistent, though considered successional. Two
opportunistic native shrubs, sandbar willow (Salix exigua) and gray dogwood (Cornus
racemosa), by themselves, are not indicative of shrub swamps. This community type is
found throughout Indiana.
• Sinkhole pond: Sinkhole ponds are water-containing depressions in karst topography.
Sinkhole ponds are found in the Mitchell Karst Plain in south-central Indiana.
• Sinkhole swamp: Sinkhole swamps are depressions in karst topography dominated by
tree or shrub species. Sinkhole swamps are found in the Mitchell Karst Plain in southcentral
Indiana.
• Wet floodplain forest: Wet floodplain forest is a broadleaf deciduous forest of river
floodplains. Wet floodplain forests occur in depressions and flats on narrow to wide
floodplains and also on recently exposed substrates that are frequently flooded. Wet
floodplain forests are frequently flooded and may have standing water seasonally to
permanently present. Wet floodplain forests occur statewide.
• Wet prairie: Wet prairie is an herbaceous wetland typically dominated by graminoid
species such as prairie cordgrass (Spartina pectinata), bluejoint (Calamagrostis
canadensis), and sedges (Carex spp.). Vegetation height is often 2-3 m. The species
diversity of wet prairies is lower than that of mesic prairies. Wet prairies occur in deep
swales and the substrate ranges from very deep black mineral soils (which are high in
organic matter) to muck. Ponding in spring lasts for several weeks prior to drainage. Wet
prairies commonly occur in the Grand Prairie Natural Region, the Tipton Till Plain and the
Bluffton Till Plain, with a few examples found in the Northern Lakes Natural Region.
• Wet sand prairie: Wet sand prairie is an herbaceous wetland typically dominated by
graminoid species such as prairie cordgrass (Spartina pectinata), bluejoint (Calamagrostis
canadensis), and sedges (Carex spp.). Vegetation height is often 2-3 m. The species
diversity of wet prairies is lower than that of mesic prairies. Wet lowland prairies occur in
deep swales and the substrate is sand, sometimes mixed with muck. Flooding is a regular
springtime occurrence in wet sand prairie and may last several weeks. This community
occurs in a mosaic with marsh and other wetlands, and with upland prairies and sand
savannas. Fire was frequent occurrence, but more common in the fall when waters had
receded. This community occurs in northwest Indiana and in the Plainsville Sands area.
Attachment 3: 40 CFR 121.7 Citation and Justification
NWP Denial Citation and Justification
It is the judgment of the Office of Water Quality that the proposed Nationwide Permits
16, 17, 20, 23, 31, 32, 34, 35, 38, 41, 53, 54, and 59 may violate Indiana Code (IC) 13-
18-4-5 and the water quality standards (WQS) set forth at 327 Indiana Administrative
Code (IAC) 2-1-6(a)1, and 327 IAC 2-1.3-3.
1. Indiana Code 13-18-4-5 states in part:
A person may not:
(1) throw, run, drain or otherwise dispose into any of the
streams or waters of Indiana;
or
(2) cause, permit, or suffer to be thrown, run, drained, allowed to
seep, or otherwise disposed into any waters; any organic or
inorganic matter that causes or contributes to a polluted
condition of any waters, as determined by a rule of the board
adopted under Sections 1 and 3 of this chapter.
2. 327 Indiana Administrative Code 2-1-6(a)1 states in part:
All waters at all times and at all places meet the minimum conditions of
being free from substances, materials, and discharges that form
objectionable deposits, are unsightly or deleterious, and are toxic to plant,
animal or aquatic life.
3. 327 Indiana Administrative Code 2-1.3-3 states in part:
For all surface waters of the state, existing uses and the level of water
quality necessary to protect existing uses shall be maintained and
protected.
Because the discharges associated with the activities specified in NWPs 16, 17, 20, 31,
34, 35, 38, 53, and 59 may, even as conditioned, violate Indiana’s WQS, projects
undertaking those activities will require a site-specific Section 401 Water Quality
Certification to ensure compliance with the water quality requirements found in 327 IAC
2.
The discharges associated with the activities specified in NWPs 23 and 32 are
undefined and therefore require a site-specific Section 401 Water Quality Certification to
ensure compliance with 327 IAC 2.
The discharges associated with activities specified in NWP 41 have no maximum
limitation, no notification requirement, and would authorize activities that would alter the
flow path, velocity, and cross-sectional area under the ordinary high water mark.
Activities authorized by this NWP would not comply with Indiana’s General Condition 9
and therefore require an Individual Section 401 Water Quality Certification to ensure
compliance with 327 IAC 2.
The discharges associated with activities specified in NWP 54 would not comply with
Indiana’s General Condition 21 and would require an Individual Section 401 Water
Quality Certification to ensure compliance with 327 IAC 2.
General Condition (GC) Citation and Justification
To ensure projects completed under the Indiana certified NWPs comply with
Indiana’s WQS, the Indiana general conditions are required.
GC (1) For certain NWPs, IDEM has placed a notification requirement to ensure the
discharges associated with the activities specified in those NWPs comply with
327 IAC 2. To appropriately evaluate impacts to water quality, including
cumulative impacts, Indiana needs to be notified.
GC (2) Several NWPs authorize minor dredging. This condition requiring the deposit
of any dredged material in a contained upland disposal area to prevent
sediment run-off to any waterbody is necessary to ensure the discharges
associated with the disposal of the dredged material complies with 327 IAC 2.
GC (3) Per 40 CFR 122.26 and 327 IAC 15, the use of appropriate stormwater control
measures and maintenance thereof will prevent any sediment laden water from
migrating off site and entering waterways and wetlands, potentially impairing
water quality.
GC (4) Per IC 13-14-4-2, the department may inspect public or private property to
inspect for and investigate possible violations of environmental management
laws. Additionally, 40 CFR 121.11 allows the certifying authority the right to
inspect a facility or activity prior to initial operation of a certified project.
GC (5) This condition is necessary to ensure a projects permanent and secondary
impacts fall within the designated minimal impact thresholds specified in GC 13
and GC 14. This condition is necessary to ensure authorized project comply
with 327 IAC 2.
GC (6) This condition is necessary to ensure projects are implemented in accordance
with this Section 401 Water Quality Certification and only projects described in
the notification are authorized. This ensures compliance with 327 IAC 2 and
327 IAC 5-2-8.
GC (7) This condition is necessary to ensure only clean fill materials are proposed for
discharge to ensure compliance with 327 IAC 2. Discharges of pollutants may
require separate authorization under Section 402 of the Federal Clean Water
Act.
GC (8) This condition is necessary to ensure mitigation banking projects go through
the procedures found in 33 CFR 332 and IDEM has the opportunity to
appropriately review and condition any proposed mitigation bank to ensure it
complies with 327 IAC 2.
GC (9) Projects that will permanently change the sinuosity, flow path, velocity, crosssectional
area or the slope of a stream have more than a minimal impact.
These activities can change the physical, chemical, and biological integrity of
waters by impacting aquatic life movement, sediment transport, and changing
the thalweg of a stream. These activities do not comply with 327 IAC 2.
GC (10) Salmond streams are designated for special protection by 327 IAC 2-1.5-
5(a)(3). Only those activities identified in GC (10) are authorized by this WQC.
Compliance with these activities, conditions and work restrictions will ensure
the chemical, physical and biological integrity of the salmonid waters are
maintained and protected in compliance with 327 IAC 2.
GC (11) These waters are designated as Outstanding State Resource Waters by 327
IAC 2-1-11(b), 327 IAC 2-1.3-3(d), and 327 IAC 2-1.5-19(b). Individual Section
401 Water Quality Certifications are required for these waters to ensure there is
no degradation and their water quality is protected and maintained in
accordance with 327 IAC 2-1-1.5 and 327 IAC 2-1.5-3.
GC (12) These wetlands and special aquatic sites are synonymous with Rare and
Ecologically important wetland types under 327 IAC 17-1-2(3)(B). Individual
Section 401 Water Quality Certifications are required for impacts to these
waters to ensure there is no degradation and their water quality is protected
and maintained in accordance with 327 IAC 2-1-1.5 and 327 IAC 2-1.5-3.
GC (13) To ensure projects comply with the water quality standards found at 327 IAC 2,
IDEM has established 0.10 acre as the minimal impact threshold for the state of
Indiana. To ensure consistency with the policy established in 327 IAC 17-2-
2(b), this is the threshold for which minimal impact projects are eligible for
general permit authorizations. To allow more projects to fit under the NWPs,
IDEM has increased this threshold to 0.25 acre if compensatory mitigation is
conducted in accordance with GC 15. Compensatory mitigation ensures there
is no permanent degradation to water quality in compliance with 327 IAC 2.
GC (14) To ensure projects comply with the water quality standards found at 327 IAC 2,
IDEM has established 300 linear feet as the minimal impact threshold for
streams in the state of Indiana. To allow more projects to fit under the NWPs,
IDEM has increased this threshold to 500 linear feet if compensatory mitigation
is conducted in accordance with GC 16. Compensatory mitigation ensures
there is no permanent degradation to water quality in compliance with 327 IAC
2.
GC (15) 327 IAC 2-1.3-3 establishes anti-degradation standards for all waters of the
State to include waters of the U.S. Proposed activities that exceed the minimal
impact thresholds identified in GC 13 require compensatory mitigation to
ensure there is no permanent degradation. IDEM is authorizing the use of
mitigation banks and the Indiana Stream and Wetland Mitigation Program since
the use of the NWPs does not allow for the placement of specific conditions on
a permittee responsible mitigation proposal. IDEM is requiring proof of
purchase and establishing a timeframe for submittal which is consistent with
current Corps and IDEM procedures. To ensure aquatic resource functions
and values are replaced, the compensatory mitigation ratios and service area
requirements are based in part on the requirements found in IC 13-18-22 and
33 CFR 332.
GC (16) 327 IAC 2-1.3-3 establishes anti-degradation standards for all waters of the
State to include waters of the U.S. Proposed activities that exceed the minimal
impact thresholds identified in GC 14 require compensatory mitigation to
ensure there is no permanent degradation. IDEM is authorizing the use of
mitigation banks and the Indiana Stream and Wetland Mitigation Program since
the use of the NWPs does not allow for the placement of specific conditions on
a permittee responsible mitigation proposal. IDEM is requiring proof of
purchase and establishing a timeframe for submittal which is consistent with
current Corps and IDEM procedures. To ensure aquatic resource functions
and values are replaced, the compensatory mitigation ratios and service area
requirements are based in part on the requirements found in IC 13-18-22, 327
IAC 2 and 33 CFR 332.
GC (17) The goal of 327 IAC 2 is to restore and maintain the chemical, physical, and
biological integrity of waters of the state. This condition is required to ensure
there are no state rare, threatened, or endangered water dependent species
impacts authorized by the NWPs.
GC (18) This a clarification condition to allow the use of multiple NWPs if they do not
exceed specific impact thresholds. This condition is necessary to ensure
compliance with 327 IAC 2.
GC (19) This is a necessary condition to ensure an applicant submitted all required
information with the notification required by GC 1. Without all necessary
information, IDEM cannot determine if a project complies with 327 IAC 2.
GC (20) Certain NWPs allow for temporary impacts. If these activities are poorly
implemented, they result in discharges that would affect water quality. This
condition is necessary to ensure projects comply with 327 IAC 2 and 327 IAC
15.
GC (21) Certain NWPs allow for the discharge of riprap or other bank stabilization
material. This condition is necessary to ensure authorized activities do not
interfere with sediment transport, create aquatic life barriers, or interfere with
movement between aquatic and upland habitats and ensure compliance with
327 IAC 2.
GC (22) Several NWPs allow temporary impacts. Since these activities exceed the
minimal impact threshold specified in GC 13, IDEM is requiring notification to
ensure they are properly restored. This will ensure compliance 327 IAC 2.
GC (23) Several NWPs allow temporary impacts. This condition is necessary to ensure
those temporary impacts are restored so there is no degradation and the
project complies with 327 IAC 2.
GC (24) This condition is necessary to ensure only projects that have a minimal impact
to water quality and comply with 327 IAC 2 are authorized by the NWPs.
Nationwide Permit #3 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters.
Maintenance activities such as the replacement of stream encapsulations and the
installation of thermal plastic liners or other liner types can interfere with or become
injurious to aquatic life movements. These activities can change the physical integrity of
a stream channel and interfere with movement between aquatic environments and
upland habitat. The Specific Conditions for NWP #3 will ensure authorized projects will
comply with 327 IAC 2.
Nationwide Permit #7 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justifications above for references to General Conditions. The
activities authorized by NWP #7 can interfere with or become injuries to aquatic life
movements. These activities can change the physical integrity of a stream channel and
interfere with movement between aquatic environments and upland habitat. The
Specific Conditions for NWP #7 will ensure authorized projects will comply with 327 IAC
2.
Nationwide Permit # 13 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions. These
conditions are necessary to ensure bank stabilization activities do not interfere with
sediment transport, aquatic life movements, or movement between aquatic
environments and upland habitat. Some of the condition language is directly from the
September 15, 2020, Federal Register Notice Proposal to Reissue and Modify
Nationwide Permits and the Indiana Regional General Permit (LRL-2018-00988).
These conditions are necessary to ensure compliance with 327 IAC 2.
Nationwide Permit #14 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions.
Activities authorized by NWP #14 can impact aquatic life movement and sediment
transport. If structures or fills are not properly installed, they can cause erosion and
scour within stream channels which alters the physical integrity of the streams. The
sumping conditions were developed by IDEM and the Indiana Department of
Transportation and are part of their standards and specifications. The conditions for
perennial streams greater than 12 feet were designed by the Federal Highway
Administration to ensure aquatic organism passage is considered during culvert
installations. These conditions ensure compliance with 327 IAC 2.
Nationwide Permit #15 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions.
Activities authorized by NWP #15 can interfere with sediment transport and aquatic life
movement. These conditions ensure compliance with 327 IAC 2.
Nationwide Permit #18 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions. The
0.10 acre limit is to ensure authorized activities meet the minimal impact threshold
IDEM has placed on the NWPs. See the citation/justification for GC 13 for minimal
impacts. These conditions ensure compliance with 327 IAC 2.
Nationwide Permit #25 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions. These
conditions are necessary to ensure the authorized activities are located outside the low
flow channel to avoid impacts to sediment transport, aquatic life movements, and the
physical degradation of the channel. The disposal requirements are necessary to
ensure excavation and dewatering activities are conducted in a manner that does not
result in a discharge where a numeric water quality standard exists. These conditions
ensure compliance with 327 IAC 2.
Nationwide Permit #27 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions. The
specified conditions for NWP #27 are necessary to ensure there is no permanent
degradation to the existing beneficial uses of waters of the State. The impact
thresholds are to ensure only minimal impact projects are authorized. The release of
sediment from a reservoir is not authorized by this WQC. The release may result in
discharges that have numeric limits within 327 IAC 2. Additionally, the sediment may
result in harmful and objectionable depositions to aquatic life. Due to the complexity
and numerous types of activities authorized by this NWP, notification for activities that
install or remove water control structures, dikes, berms, or accumulated sediment is
required to verify compliance with 327 IAC 2. These conditions ensure compliance with
327 IAC 2.
Nationwide Permit #33 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions. These
conditions are necessary to ensure all temporary impacts are installed in a manner that
does not impede flow, sediment transport, aquatic life movement or can be eroded and
redeposited in a manner that becomes injuries to aquatic life. A restoration plan is
required to ensure all areas are restored so there is no degradation. These conditions
ensure compliance with 327 IAC 2.
Nationwide Permit #36 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. Please
refer to the citations and justification above for references to General Conditions. Some
of the condition language is directly from the September 15, 2020, Federal Register
Notice Proposal to Reissue and Modify Nationwide Permits and the Indiana Regional
General Permit (LRL-2018-00988). These conditions are necessary to ensure
activities authorized by NWP #36 comply with 327 IAC 2.
Nationwide Permit #37 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. This
condition is necessary to ensure IDEM has participated in the development of the
project and has signed the agreement to ensure compliance with 327 IAC 2.
Nationwide Permit #46 Citation and Justification
Per 327 IAC 2-1-1.5, the goal of Indiana’s water quality standards is to restore and
maintain the chemical, physical and biological integrity of the state’s waters. These
activities can change the physical, chemical, and biological integrity of waters by
impacting aquatic life movement, sediment transport, and changing the thalweg of a
stream. This condition is necessary to ensure compliance with 327 IAC 2.


Public Notice Attachment Manager

 TitleDescriptionCreated DateSize
2013-02-LRD Public Notice2013-02-LRD Public Notice12/20/2013Unknown
2013-374 Figures2013-374 Figures8/1/2013Unknown
2016-02-LRD Public Notice/Final2016-02-LRD Public Notice/Final7/8/2016Unknown
2016-03-LRD Public Notice2016-03-LRD Public Notice6/17/2016Unknown
2017 IN NWPs Conditions 12017 IN NWPs Conditions 13/23/2017Unknown
2017 IN NWPs Conditions 22017 IN NWPs Conditions 23/23/2017Unknown
2017 KY Conditions Summary2017 KY Conditions Summary3/23/2017Unknown
2017 KY WQC General Conditions2017 KY WQC General Conditions3/23/2017Unknown
2017 KY WQC NWP-Specific Conditions2017 KY WQC NWP-Specific Conditions3/23/2017Unknown
Joint Public Notice LRL-2018-78Joint Public Notice LRL-2018-7810/19/20181.06 MB
Joint Public Notice LRL-2018-78Joint Public Notice LRL-2018-7810/19/20181.06 MB
LRH-2018-00738 Public NoticeLRH-2018-00738 Public Notice9/21/2018Unknown
LRH-2018-00738 Public NoticeLRL-2018-00738 Public Notice10/19/2018Unknown
LRL-1950-00027-pjl Public NoticeLRL-1950-00027-pjl Public Notice9/2/2016Unknown
LRL-1961-14-C Public NoticeLRL-1961-14-C Public Notice8/19/20151.28 MB
LRL-1962-17 Public NoticeLRL-1962-17 Public Notice2/6/2018Unknown
LRL-1974-00030 Public NoticeLRL-1974-00030 Public Notice12/20/2013Unknown
LRL-1976-10045 Public NoticeLRL-1976-10045 Public Notice9/1/2017Unknown
LRL-1976-13 Public NoticeLRL-1976-13 Public Notice11/8/2017Unknown
LRL-1976-90047 Public NoticeLRL-1976-90047 Public Notice3/14/20161.10 MB
LRL-1981-00002-tmb Public NoticeLRL-1981-00002-tmb Public Notice9/27/2016Unknown
LRL-1981-00042 Public NoticeLRL-1981-00042 Public Notice11/19/20151.03 MB
LRL-1981-90070 Public Notice LRL-1981-90070 Public Notice 12/11/2017Unknown
LRL-1983-90009-kjs Public NoticeLRL-1983-90009-kjs Public Notice4/10/2017Unknown
LRL-1986-00010-pjl Public NoticeLRL-1986-00010-pjl Public Notice4/14/2017Unknown
LRL-1993-1023-anr Public NoticeLRL-1993-1023-anr Public Notice7/13/2017Unknown
LRL-1995-1060-A Public NoticeLRL-1995-1060-A Public Notice4/21/20161.31 MB
LRL-1995-1739-b Public NoticeLRL-1995-1739-b Public Notice12/19/20142.98 MB
LRL-1996-582 Public NoticeLRL-1996-582 Public Notice12/19/2016Unknown
LRL-1998-01842 Public NoticePublic Notice1/7/2019Unknown
LRL-1999-289 Public NoticeLRL-1999-289 Public Notice1/16/2019Unknown
LRL-2000-935 Public NoticeLRL-2000-935 Public Notice10/3/2013Unknown
LRL-2002-1389 Public Notice LRL-2002-1389 Public Notice2/21/2014Unknown
LRL-2002-521 Public NoticeLRL-2002-521 Public Notice12/6/2018Unknown
LRL-2003-1473 Public NoticeLRL-2003-1473 Public Notice8/15/2018Unknown
LRL-2004-01010-kjs Public NoticeLRL-2004-01010-kjs Public Notice11/21/2017Unknown
LRL-2004-1506 Public NoticeLRL-2004-1506 Public Notice11/19/2015525.19 KB
LRL-2004-324 Public NoticeLRL-2004-324 Public Notice9/22/20152.77 MB
LRL-2005-00040 Public NoticeLRL-2005-00040 Public Notice3/28/2016623.74 KB
LRL-2005-01505 Public NoticeLRL-2005-01505 Public Notice7/22/2016Unknown
LRL-2005-1509-b Public NoticeLRL-2005-1509-b Public Notice6/24/2014Unknown
LRL-2005-197 Public NoticeLRL-2005-197 Public Notice12/9/2015452.70 KB
LRL-2005-197-sam Public NoticeLRL-2005-197-sam Public Notice6/7/2016Unknown
LRL-2005-204 Public NoticeLRL-2005-204 Public Notice2/2/20161.73 MB
LRL-2006-391-A Public NoticeLRL-2006-391-A Public Notice3/29/2016905.44 KB
LRL-2006-635 Public NoticeLRL-2006-635 Public Notice9/8/2017Unknown
LRL-2007-1363-mad Public NoticeLRL-2007-1363-mad Public Notice12/30/2016Unknown
LRL-2007-144 Public NoticeLRL-2007-144 Public Notice12/22/20152.12 MB
LRL-2007-754-A Public NoticeLRL-2007-754-A Public Notice12/5/2013Unknown
LRL-2007-816 Public NoticeLRL-2007-816 Public Notice3/26/2014Unknown
LRL-2008-1321 Public NoticeLRL-2008-1321 Public Notice12/11/2013Unknown
LRL-2008-297 Public NoticeLRL-2008-297 Public Notice11/21/2013Unknown
LRL-2008-642a Public NoticeLRL-2008-642a Public Notice9/14/2015656.17 KB
LRL-2008-830-A Public NoticeLRL-2008-830-A Public Notice8/28/2013Unknown
LRL-2008-950 Public NoticeLRL-2008-950 Public Notice5/14/20143.79 MB
LRL-2009-1210-c Public NoticeLRL-2009-1210-c Public Notice2/3/20152.63 MB
LRL-2009-127 Public NoticeLRL-2009-127 Public Notice7/24/20153.47 MB
LRL-2009-358 Public NoticeLRL-2009-358 Public Notice11/18/20151.21 MB
LRL-2009-51 PN for WebsiteLRL-2009-51 PN for Website8/12/2013Unknown
LRL-2010-325 Public NoticeLRL-2010-325 Public Notice4/26/2018Unknown
LRL-2010-325-pgj Public NoticeLRL-2010-325-pgj Public Notice12/27/2016Unknown
LRL-2010-490 Public NoticeLRL-2010-490 Public Notice10/27/20141.83 MB
LRL-2010-524 Public NoticeLRL-2010-524 Public Notice2/25/2014Unknown
LRL-2010-683 Joint Public NoticeLRL-2010-683 Joint Public Notice12/19/2017Unknown
LRL-2010-711 Public NoticeLRL-2010-711 Public Notice5/15/20143.96 MB
LRL-2010-991-A Public NoticeLRL-2010-991-A Public Notice1/13/20161.88 MB
LRL-2011-6 Public NoticeLRL-2011-6 Public Notice1/20/201549.55 KB
LRL-2011-707-b Public NoticeLRL-2011-707-b Public Notice6/15/20151.51 MB
LRL-2012-200 Public NoticeLRL-2012-200 Public Notice12/5/2013Unknown
LRL-2012-201 Public NoticeLRL-2012-201 Public Notice8/7/2014417.56 KB
LRL-2012-203 Public NoticeLRL-2012-203 Public Notice8/6/20141.30 MB
LRL-2012-24 Public NoticeLRL-2012-24 Public Notice5/1/2018Unknown
LRL-2012-277-jea Public NoticeLRL-2012-277-jea Public Notice4/7/20161.38 MB
LRL-2012-327 DrawingsLRL-2012-327 PN Drawings2/19/2013Unknown
LRL-2012-45 Public NoticeLRL-2012-45 Public Notice6/8/2017Unknown
LRL-2012-487 DrawingsLRL-2012-487 PN Drawings2/19/2013Unknown
LRL-2012-61 Public NoticeLRL-2012-61 Public Notice8/8/2013Unknown
LRL-2012-637 Public NoticeLRL-2012-637 Public Notice1/20/2016378.57 KB
LRL-2012-646-pgj Public NoticeLRL-2012-646-pgj Public Notice12/27/2016Unknown
LRL-2012-716 Public NoticeLRL-2012-716 Public Notice6/24/2014Unknown
LRL-2012-737 Public NoticeLRL-2012-737 Public Notice12/23/2013Unknown
LRL-2012-779 Public NoticeLRL-2012-779 Public Notice12/22/20141.86 MB
LRL-2012-802-A Public NoticeLRL-2012-802-A Public Notice1/27/2014Unknown
LRL-2012-852 DrawingsLRL-2012-852 PN Drawings2/19/2013Unknown
LRL-2012-859 DrawingsLRL-2012-859 PN Drawings2/19/2013Unknown
LRL-2012-954 ProspectusLRL-2012-954 Prospectus8/12/2013Unknown
LRL-2012-954 Public NoticeLRL-2012-954 Public Notice8/12/2013Unknown
LRL-2013-000143LRL-2013-0001438/4/2017Unknown
LRL-2013-00091-pgj Public NoticeLRL-2013-00091-pgj Public Notice2/1/2017Unknown
LRL-2013-1077 Public NoticeLRL-2013-1077 Public Notice2/21/2014Unknown
LRL-2013-1114-pjl Public NoticeLRL-2013-1114-pjl Public Notice5/4/20161.16 MB
LRL-2013-1125 Public NoticeLRL-2013-1125 Public Notice1/23/20153.40 MB
LRL-2013-1132 Public NoticeLRL-2013-1132 Public Notice2/27/2014Unknown
LRL-2013-172 Public NoticeLRL-2013-172 Public Notice3/8/20161.26 MB
LRL-2013-272 Public NoticeLRL-2013-272 Public Notice3/11/20151.03 MB
LRL-2013-336 Public NoticeLRL-2013-336 Public Notice3/15/20161.16 MB
LRL-2013-374 PN DrawingsLRL-2013-374 PN Drawings8/1/2013Unknown
LRL-2013-374 PN FiguresLRL-2013-374 PN Figures8/1/2013Unknown
LRL-2013-402 Public NoticeLRL-2013-402 Public Notice11/18/2013Unknown
LRL-2013-423 Public NoticeLRL-2013-423 Public Notice9/18/2013Unknown
LRL-2013-444 Public NoticeLRL-2013-444 Public Notice7/30/20145.16 MB
LRL-2013-444b Public NoticeLRL-2013-444b Public Notice9/8/2017Unknown
LRL-2013-448 Public NoticeLRL-2013-448 Public Notice8/28/2013Unknown
LRL-2013-448-mad Public NoticeLRL-2013-448-mad Public Notice5/8/20151.96 MB
LRL-2013-499 Public NoticeLRL-2013-499 Public Notice10/23/2013Unknown
LRL-2013-515 Public NoticeLRL-2013-515 Public Notice9/9/2013Unknown
LRL-2013-518 PN for WebsiteLRL-2013-518 PN for Website9/26/2013Unknown
LRL-2013-533 PN-3LRL-2013-533 PN-32/20/20151.48 MB
LRL-2013-533 Public NoticeLRL-2013-533 Public Notice8/5/2014885.82 KB
LRL-2013-617 Public NoticeLRL-2013-617 Public Notice7/23/20143.05 MB
LRL-2013-617 Public NoticeLRL-2013-617 Public Notice7/23/20143.05 MB
LRL-2013-620 Public NoticeLRL-2013-620 Public Notice10/23/2013Unknown
LRL-2013-635 Public NoticeLRL-2013-635 Public Notice3/9/20167.13 MB
LRL-2013-680 Public NoticeLRL-2013-680 Public Notice2/26/2014Unknown
LRL-2013-729 Public NoticeLRL-2013-729 Public Notice9/30/20141.09 MB
LRL-2013-739 PN ProspectusLRL-2013-739 PN Prospectus12/2/2013Unknown
LRL-2013-739 Public NoticeLRL-2013-739 Public Notice12/2/2013Unknown
LRL-2013-742 Public NoticeLRL-2013-742 Public Notice4/22/2014Unknown
LRL-2013-757 Public NoticeLRL-2013-757 Public Notice11/21/2013Unknown
LRL-2013-83 Public NoticeLRL-2013-83 Public Notice9/1/20151.29 MB
LRL-2013-86 Public NoticeLRL-2013-86 Public Notice4/24/2018Unknown
LRL-2013-906 Public NoticeLRL-2013-906 Public Notice12/22/20152.86 MB
LRL-2013-907 Public NoticeLRL-2013-907 Public Notice3/26/20158.03 MB
LRL-2013-917 Public NoticeLRL-2013-917 Public Notice3/5/2014Unknown
LRL-2013-919 Public NoticeLRL-2013-919 Public Notice11/8/2013Unknown
LRL-2014-00500 Public NoticeLRL-2014-00500 Public Notice1/3/2018Unknown
LRL-2014-00685 Public NoticeLRL-2014-00685 Public Notice3/10/20161.03 MB
LRL-2014-100 Public NoticeLRL-2014-100 Public Notice7/15/2014174.73 KB
LRL-2014-100 Public NoticeLRL-2014-100 Public Notice5/31/2018Unknown
LRL-2014-100 Public Notice ProspectusLRL-2014-100 Public Notice Prospectus7/15/20144.39 MB
LRL-2014-145 Public NoticeLRL-2014-145 Public Notice6/5/20141.23 MB
LRL-2014-182 Public NoticeLRL-2014-182 Public Notice6/18/2014Unknown
LRL-2014-196 Public NoticeLRL-2014-196 Public Notice1/20/20151.01 MB
LRL-2014-235 Public NoticeLRL-2014-235 Public Notice5/16/2014Unknown
LRL-2014-24 Public NoticeLRL-2014-24 Public Notice7/25/20141.03 MB
LRL-2014-299 Public NoticeLRL-2014-299 Public Notice12/3/20142.72 MB
LRL-2014-299-b Public NoticeLRL-2014-299-b Public Notice8/18/2016Unknown
LRL-2014-310 Public NoticeLRL-2014-310 Public Notice12/18/20142.60 MB
LRL-2014-336 Public NoticeLRL-2014-336 Public Notice8/5/20141.69 MB
LRL-2014-346 Public NoticeLRL-2014-346 Public Notice3/12/20152.52 MB
LRL-2014-374 Public NoticeLRL-2014-374 Public Notice12/16/20151.43 MB
LRL-2014-408 Public NoticeLRL-2014-408 Public Notice12/15/2017Unknown
LRL-2014-408-A-teh Public NoticeLRL-2014-408-A-teh Public Notice1/8/2018Unknown
LRL-2014-417-mdh Public NoticeLRL-2014-417-mdh Public Notice4/14/2016576.61 KB
LRL-2014-5-1 Public NoticeLRL-2014-5-1 Public Notice4/18/2014Unknown
LRL-2014-515 Public NoticeLRL-2014-515 Public Notice9/17/20141.61 MB
LRL-2014-5-2LRL-2014-5-24/18/2014Unknown
LRL-2014-5-2 Ext PN for Proposed RuleLRL-2014-5-2 Ext PN for Proposed Rule9/22/201468.94 KB
LRL-2014-5-2 Public NoticeLRL-2014-5-2 Public Notice6/13/201445.69 KB
LRL-2014-5-2 Public NoticeLRL-2014-5-2 Public Notice10/14/201443.28 KB
LRL-2014-53 Public NoticeLRL-2014-53 Public Notice3/20/2014Unknown
LRL-2014-54 Public NoticeLRL-2014-54 Public Notice12/19/20142.52 MB
LRL-2014-599 Public NoticeLRL-2014-599 Public Notice8/6/20141.04 MB
LRL-2014-603 Public NoticeLRL-2014-603 Public Notice11/21/20141.56 MB
LRL-2014-604 Public NoticeLRL-2014-604 Public Notice9/2/2014694.41 KB
LRL-2014-617 Public NoticeLRL-2014-617 Public Notice5/5/2015802.68 KB
LRL-2014-621 Public NoticeLRL-2014-621 Public Notice8/27/20145.18 MB
LRL-2014-648 PN Reissuance of RGPLRL-2014-648 PN Reissuance of RGP12/19/2014188.63 KB
LRL-2014-648 Public Notice - RGP 001LRL-2014-648 Public Notice - RGP 0019/3/2014209.27 KB
LRL-2014-664 Public NoticeLRL-2014-664 Public Notice8/18/20159.93 MB
LRL-2014-665 Public NoticeLRL-2014-665 Public Notice5/11/20151.70 MB
LRL-2014-671 Public NoticeLRL-2014-671 Public Notice9/17/20142.21 MB
LRL-2014-710 Public NoticeLRL-2014-710 Public Notice11/20/2014765.17 KB
LRL-2014-725 Public NoticeLRL-2014-725 Public Notice12/22/20141.31 MB
LRL-2014-728-mck Public NoticeLRL-2014-728-mck Public Notice10/4/2016Unknown
LRL-2014-798 Public NoticeLRL-2014-798 Public Notice10/23/20151.72 MB
LRL-2014-859 Public NoticeLRL-2014-859 Public Notice7/11/2018Unknown
LRL-2014-868 Public NoticeLRL-2014-868 Public Notice3/14/20163.54 MB
LRL-2014-885 Public NoticeLRL-2014-885 Public Notice2/2/2015504.17 KB
LRL-2014-927 Public NoticeLRL-2014-927 Public Notice2/24/20154.30 MB
LRL-2014-947 Public NoticeLRL-2014-947 Public Notice1/28/201510.44 MB
LRL-2014-954 Public NoticeLRL-2014-954 Public Notice1/6/20152.86 MB
LRL-2015-11 Public NoticeLRL-2015-11 Public Notice1/8/20153.74 MB
LRL-2015-21 Public NoticeLRL-2015-21 Public Notice3/6/201510.12 MB
LRL-2015-225 Public NoticeLRL-2015-225 Public Notice9/22/20151.68 MB
LRL-2015-236 Public NoticeLRL-2015-236 Public Notice4/4/20161.62 MB
LRL-2015-282 Public NoticeLRL-2015-282 Public Notice7/21/2015843.79 KB
LRL-2015-329 Public NoticeLRL-2015-329 Public Notice6/6/2017Unknown
LRL-2015-400 Public NoticeLRL-2015-400 Public Notice8/13/20152.36 MB
LRL-2015-417 Public NoticeLRL-2015-417 Public Notice6/16/20152.55 MB
LRL-2015-486 Public NoticeLRL-2015-486 Public Notice7/15/2016Unknown
LRL-2015-518 Public NoticeLRL-2015-518 Public Notice1/26/20165.03 MB
LRL-2015-552 Public NoticeLRL-2015-552 Public Notice3/7/20161.84 MB
LRL-2015-558 Public NoticeLRL-2015-558 Public Notice8/14/201519.37 KB
LRL-2015-558-2 Public NoticeLRL-2015-558-2 Public Notice12/18/2015170.00 KB
LRL-2015-578 Public NoticeLRL-2015-578 Public Notice8/27/20151.26 MB
LRL-2015-59 Public NoticeLRL-2015-59 Public Notice8/4/2017Unknown
LRL-2015-614 1Public NoticeLRL-2015-614 1Public Notice2/18/20163.48 MB
LRL-2015-636 Public NoticeLRL-2015-636 Public Notice1/13/20162.21 MB
LRL-2015-645 Public NoticeLRL-2015-645 Public Notice8/19/2015268.14 KB
LRL-2015-684 Public NoticeLRL-2015-684 Public Notice10/26/20151.37 MB
LRL-2015-698 Public NoticeLRL-2015-698 Public Notice1/26/20161.36 MB
LRL-2015-749-sjk Public NoticeLRL-2015-749-sjk Public Notice4/18/2017Unknown
LRL-2015-756-sjk Public NoticeLRL-2015-756-sjk Public Notice10/19/2016Unknown
LRL-2015-785 Public NoticeLRL-2015-785 Public Notice11/19/20157.00 MB
LRL-2015-809 Public NoticeLRL-2015-809 Public Notice1/6/2016766.56 KB
LRL-2015-844 Public NoticeLRL-2015-844 Public Notice6/27/2016Unknown
LRL-2015-868 - 2 Public NoticeLRL-2015-868 - 2 Public Notice6/7/2016Unknown
LRL-2015-868-mdh Public NoticeLRL-2015-868-mdh Public Notice6/3/20161.59 MB
LRL-2015-926 Public NoticeLRL-2015-926 Public Notice7/6/2016Unknown
LRL-2015-949-teh Public NoticeLRL-2015-949-teh Public Notice9/23/2016Unknown
LRL-2016-00006 IN 2017 NWP Public NoticeLRL-2016-00006 IN 2017 NWP Public Notice6/14/2016Unknown
LRL-2016-00006 Public NoticeLRL-2016-00006 Public Notice6/8/2016Unknown
LRL-2016-00006-kjs IN Public NoticeLRL-2016-00006-kjs IN Public Notice3/23/2017Unknown
LRL-2016-00006-mck PN for 2017 NWPsLRL-2016-00006-mck PN for 2017 NWPs3/23/2017Unknown
LRL-2016-00014-gjd Public NoticeLRL-2016-00014-gjd Public Notice3/1/2017Unknown
LRL-2016-00065 Public Notice 5/26/2016Unknown
LRL-2016-00110-gjd Public NoticeLRL-2016-00110-gjd Public Notice2/3/2017Unknown
LRL-2016-00148 Public NoticeLRL-2016-00148 Public Notice12/5/2017Unknown
LRL-2016-1036-pjl Public NoticeLRL-2016-1036-pjl Public Notice12/19/2016Unknown
LRL-2016-1070-pjl Public NoticeLRL-2016-1070-pjl Public Notice1/12/2017Unknown
LRL-2016-1083 Public NoticeLRL-2016-1083 Public Notice3/30/2018Unknown
LRL-2016-111-sam Public NoticeLRL-2016-111-sam Public Notice6/7/2016Unknown
LRL-2016-1145-jea Public NoticeLRL-2016-1145-jea Public Notice1/24/2017Unknown
LRL-2016-114-mdh Public NoticeLRL-2016-114-mdh Public Notice1/9/2017Unknown
LRL-2016-1165-mck Public NoticeLRL-2016-1165-mck Public Notice1/13/2017Unknown
LRL-2016-1201-jea Public NoticeLRL-2016-1201-jea Public Notice2/2/2017Unknown
LRL-2016-1202-pjl Public NoticeLRL-2016-1202-pjl Public Notice2/7/2017Unknown
LRL-2016-138 Public NoticeLRL-2016-1386/1/2016Unknown
LRL-2016-210 Public NoticeLRL-2016-210 Public Notice3/9/20163.68 MB
LRL-2016-229 Public NoticeLRL-2016-229 Public Notice3/16/20161.93 MB
LRL-2016-239 Public NoticeLRL-2016-239 Public Notice3/8/2016885.87 KB
LRL-2016-257 Public NoticeLRL-2016-257 Public Notice9/21/2016Unknown
LRL-2016-272-kjs Public NoticeLRL-2016-272-kjs Public Notice7/20/2017Unknown
LRL-2016-310-pjl Public NoticeLRL-2016-310-pjl Public Notice4/1/20161.80 MB
LRL-2016-322-lae Public NoticeLRL-2016-322-lae Public Notice6/16/20161.33 MB
LRL-2016-435-mad Public NoticeLRL-2016-435-mad Public Notice1/17/2017Unknown
LRL-2016-46 PNLRL-2016-46 PN12/4/2018Unknown
LRL-2016-46 Public NoticeLRL-2016-46 Public Notice7/8/2016Unknown
LRL-2016-46 Public NoticeLRL-2016-46 Public Notice12/3/2018Unknown
LRL-2016-481 Public NoticeLRL-2016-481 Public Notice12/6/2018Unknown
LRL-2016-516-kjs Public NoticeLRL-2016-516-kjs Public Notice12/21/2016Unknown
LRL-2016-525 Public NoticeLRL-2016-525 Public Notice8/31/2016Unknown
LRL-2016-6 Federal Register NoticeLRL-2016-6 Federal Register Notice1/10/2017Unknown
LRL-2016-6 Public NoticeLRL-2016-6 Public Notice1/10/2017Unknown
LRL-2016-630-mad Public NoticeLRL-2016-630-mad Public Notice2/9/2017Unknown
LRL-2016-718 Public NoticeLRL-2016-718 Public Notice7/27/2016Unknown
LRL-2016-762-pjl Public NoticeLRL-2016-762-pjl Public Notice5/1/2017Unknown
LRL-2016-808-jlb Public NoticeLRL-2016-808-jlb Public Notice9/15/2016Unknown
LRL-2016-821-mdh Public NoticeLRL-2016-821-mdh Public Notice3/10/2017Unknown
LRL-2016-853 Public NoticeLRL-2016-853 Public Notice7/24/2018Unknown
LRL-2016-935-mad Public NoticeLRL-2016-935-mad Public Notice12/30/2016Unknown
LRL-2016-989-mdh Public NoticeLRL-2016-989-mdh Public Notice11/22/2016Unknown
LRL-2017-00021-kjs Public NoticeLRL-2017-00021-kjs Public Notice6/5/2017Unknown
LRL-2017-00028 Public NoticeLRL-2017-00028 Public Notice3/12/2018Unknown
LRL-2017-00028 Public NoticeLRL-2017-00028 Public Notice3/12/2018Unknown
LRL-2017-00092 Public NoticeLRL-2017-00092 Public Notice10/11/2017Unknown
LRL-2017-00099-gjd Public NoticeLRL-2017-00099-gjd Public Notice1/31/2017Unknown
LRL-2017-00798 Joint Public NoticeLRL-2017-00798 Joint Public Notice4/17/2018Unknown
LRL-2017-01110 Public NoticeLRL-2017-01110 Public Notice11/27/2017Unknown
LRL-2017-104 Public NoticeLRL-2017-104 Public Notice8/16/2017Unknown
LRL-2017-104 Public NoticeLRL-2017-104 Public Notice5/31/2018Unknown
LRL-2017-108 Public NoticeLRL-2017-108 Public Notice2/13/2018Unknown
LRL-2017-109-pjl Public NoticeLRL-2017-109-pjl Public Notice3/23/2017Unknown
LRL-2017-110 -pjl Public NoticeLRL-2017-110 -pjl Public Notice5/11/2017Unknown
LRL-2017-1190 Public NoticeLRL-2017-1190 Public Notice12/21/2017Unknown
LRL-2017-19 Public NoticeLRL-2017-19 Public Notice1/24/2018Unknown
LRL-2017-249-gjd Public NoticeLRL-2017-249-gjd Public Notice4/20/2017Unknown
LRL-2017-269-mad Public NoticeLRL-2017-269-mad Public Notice5/10/2017Unknown
LRL-2017-274-pjl Public NoticeLRL-2017-274-pjl Public Notice5/5/2017Unknown
LRL-2017-292 Public NoticeLRL-2017-292 Public Notice10/11/2017Unknown
LRL-2017-365-gjd Public NoticeLRL-2017-365-gjd Public Notice6/22/2017Unknown
LRL-2017-418 Public NoticeLRL-2017-418 Public Notice9/14/2017Unknown
LRL-2017-46 Public NoticeLRL-2017-46 Public Notice9/21/2018Unknown
LRL-2017-496 Public NoticeLRL-2017-496 Public Notice9/7/2017Unknown
LRL-2017-54 Public NoticeLRL-2017-54 Public Notice12/18/2017Unknown
LRL-2017-565 Public NoticeLRL-2017-565 Public Notice8/30/2017Unknown
LRL-2017-612 Public NoticeLRL-2017-612 Public Notice12/8/2017Unknown
LRL-2017-632 Public NoticeLRL-2017-632 Public Notice2/14/2018Unknown
LRL-2017-660 Public NoticeLRL-2017-660 Public Notice4/12/2018Unknown
LRL-2017-724 Public NoticeLRL-2017-724 Public Notice8/29/2017Unknown
LRL-2017-768 Public NoticeLRL-2017-768 Public Notice8/28/2017Unknown
LRL-2017-812 Public NoticeLRL-2017-812 Public Notice9/13/2017Unknown
LRL-2017-812 W/D Public NoticeLRL-2017-812 W/D Public Notice9/22/2017Unknown
LRL-2017-879 Public NoticeLRL-2017-879 Public Notice1/25/2018Unknown
LRL-2017-899 Public NoticeLRL-2017-899 Public Notice3/9/2018Unknown
LRL-2018-00073 Public NoticeLRL-2018-00073 Public Notice8/16/2018Unknown
LRL-2018-00461 Public NoticeLRL-2018-00461 Public Notice7/27/2018Unknown
LRL-2018-156 Amended Public NoticeLRL-2018-156 Amended Public Notice8/3/2018Unknown
LRL-2018-156 Public NoticeLRL-2018-156 Public Notice7/25/2018Unknown
LRL-2018-246 Public NoticeLRL-2018-246 Public Notice4/20/2018Unknown
LRL-2018-265 Public NoticeLRL- 2018-265 Public Notice8/3/2018Unknown
LRL-2018-265-Public NoticeLRL-2018-265-Public Notice8/3/2018Unknown
LRL-2018-265-PublicNoticeLRL-2018-265-PublicNotice8/16/2018Unknown
LRL-2018-268 Public NoticeLRL-2018-268 Public Notice9/12/2018Unknown
LRL-2018-294 Public NoticeLRL-2018-294 Public Notice3/30/2018Unknown
LRL-2018-321 Public NoticeLRL-2018-321 Public Notice4/11/2018Unknown
LRL-2018-352 Public NoticeLRL-2018-352 Public Notice8/23/2018Unknown
LRL-2018-43 Public NoticeLRL-2018-43 Public Notice4/17/2018Unknown
LRL-2018-465 Public NoticeLRL-2018-465 Public Notice7/5/20182.30 MB
LRL-2018-572 Public NoticeLRL-2018-572 Public Notice11/30/2018Unknown
LRL-2018-581 Public NoticeLRL-2018-581 Public Notice9/13/20182.49 MB
LRL-2018-602_Public NoticeLRL-2018-602 Public Notice11/30/20182.95 MB
LRL-2018-632-letPublic Notice1/15/2019Unknown
LRL-2018-642 Public NoticeLRL-2018-642 Public Notice8/1/2018671.87 KB
LRL-2018-691 Public NoticeLRL-2018-691 Public Notice8/15/20182.46 MB
LRL-2018-70 Public NoticeLRL-2018-70 Public Notice11/1/20181.66 MB
LRL-2018-708 Public NoticeLRL-2018-708 Public Notice8/15/20181.41 MB
LRL-2018-72 Public NoticeLRL-2018-72 Public Notice11/1/20181.23 MB
LRL-2018-74 Public NoticeLRL-20108-74 Public Notice11/9/20189.38 MB
LRL-2018-75 Public NoticeLRL-2018-75 Public Notice11/1/20181.71 MB
LRL-2018-784 Public NoticeLRL-2018-784 Public Notice9/19/2018600.93 KB
LRL-2018-785 Public NoticeLRL-2018-785 Public Notice9/19/2018597.30 KB
LRL-2018-831 Public NoticeLRL-2018-831 Public Notice10/26/20182.59 MB
LRL-2018-963 Public NoticeLRL-2018-963 Public Notice12/6/20183.04 MB
PN 2013-01-LRD PN 2013-01-LRD 8/15/2013Unknown
PN 2016-01-LRD Proposed TN RealignmentPN 2016-01-LRD Proposed TN Realignment2/17/2016341.88 KB
Public Notice - CWA Interpretive Rule for 404(f)(1)(A) WitdrawalPublic Notice - CWA Interpretive Rule for 404(f)(1)(A) Witdrawal2/2/201524.70 KB
Public Notice LRL-2017-708Public Notice LRL-2017-7088/16/2017Unknown
Public Notice No. LRL-2017-273-mckPublic Notice No. LRL-2017-273-mck5/10/2017Unknown