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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 in the January 13, 2021 final rule apply to the 41 NWPs that are in the final rule that was published on December 27, 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-modification-of-nationwide-permits. The 41 NWPs, listed below, become effective on February 25, 2022, and will expire on March 14, 2026:
On February 7, 2022, the Great Lakes and Ohio River Division (LRD) approved Kentucky regional conditions for the 41 2021 NWPs in the Commonwealth of Kentucky. The Kentucky Regional Conditions for the 41 2021 NWPs for the Commonwealth of Kentucky become effective on February 25, 2022 and are attached to this public notice. Additionally, the Louisville District has posted the Regional Conditions for the Commonwealth of Kentucky for the 41 2021 NWPs on its internet home page at: http://www.lrl.usace.army.mil/Missions/Regulatory/Obtain-a-Permit/Nationwide/.
KDOW denied the 401 WQC for NWPs 16, 17, 32, 38 and 53, therefore an individual 401 WQC will be required for a project authorized by NWPs 16, 17, 32, 38 and 53. The KDOW issued general WQCs for NWPs 3, 5, 7, 13, 14, 15, 18, 19, 23, 25, 27, 30, 31, 33, 36, 37, 45, 46, 49, and 59. An individual 401 WQC will be required by the KDOW if the proposed activities do not meet the conditions of the general WQC. The KDOW certified NWPs 1, 2, 4, 6, 8, 9, 10, 11, 20, 22, 24, 28, 34, 35, 41 and 54 as written, therefore, projects authorized by these activities are certified as written and no further contact with KDOW would be required. The 401 WQC for the 41 2021 NWPs becomes effective on February 25, 2022, and is attached to this public notice. Additionally, the Louisville District has posted the 401 WQC on its internet homepage at the link noted above.
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 and the NWP general conditions and definitions went into effect on March 15, 2021. The 16 NWPs will expire on March 14, 2026 along with the 41 NWPs listed above. Listed below are the 16 NWPs that issued in the final rule on January 13, 2021. This final rule can be found on the Louisville District website listed above along with the Regional Conditions for the Commonwealth of Kentucky.
Questions concerning implementation of the NWPs and associated Regional Conditions should be sent to LRL.RegulatoryPublicComment@usace.army.mil or you can contact Ms. Meagan Knuckles at (502) 315-6709.