CENAO-WRR
August 14, 2018
FEDERAL PUBLIC NOTICE
Notification: Expiration of the 2013 Regional permits and issuance of the 2018 Regional permits:
The Norfolk District Regulatory Branch is reissuing the following Regional Permits (RP): RP-01, RP-02, RP-15, RP-17, RP-18, RP-19, and RP-22. All of the above-referenced permits expire on August 14, 2018 with the exception of RP-15, which expires on August 15, 2018. These permits are available at: http://www.nao.usace.army.mil/Missions/Regulatory/RBregional.aspx.
We expect to have the 2018 Regional Permits to be completed and issued by the end of August. When the new permits are completed, a public notice will be issued and the Norfolk District Webpage will be updated with the new 2018 Regional Permits.
Duration of Activity’s Authorization under the expired 2013 Regional permits
The 2013 Regional Permit GC 45 reads as follows:
"Duration of Activity's Authorization. Activities authorized under 13-RP-XX must be completed by August 14, 2018. If this RP is reissued at that time, and if this work has not been started or completed, but the project continues to meet the terms and conditions of the revalidated RP, then the project will continue to be authorized. The Corps will issue a special public notice announcing any changes to the Regional Permits when they occur; however, it is incumbent upon you to remain informed of changes to the RPs. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RP that do not meet the terms and conditions of the revalidated RP will remain authorized provided the activity is completed within twelve months of the date of this RP's expiration (i.e. August 14, 2019), unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR Part 325.7(a-e). If work cannot be completed by August 14, 2019, you must reapply for separate permit authorization in order to meet current permit criteria."
There are 2 scenarios to consider when applying this GC to projects authorized under the 2013 Regional Permits:
1. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RP will remain authorized provided the activity is completed within twelve months of the date of this RP's expiration (i.e. completed by August 14, 2019), unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR Part 325.7(a-e)
2. If your project continues to meet the terms and conditions of the newly issued 2018 Regional Permit, then the project will continue to be authorized. If you are unsure if your project meets the terms and conditions of the newly issued 2018 Regional Permit, you may request a written verification from the Corps by following the procedures outlined in the 2018 Regional Permit.
Further clarification on activities authorized under the 2013 Regional Permits:
Activities completed under the authorization of a 2013 Regional Permit, which was in effect at the time the activity was completed, continue to be authorized by that Regional Permit.
Q&A’s
1. What qualifies as “under contract to commence construction”?
What constitutes “under contract to commence construction” varies depending on the type of project. Generally, a contract with a company/contractor to complete the land disturbance or construction activity associated with the work, verified as meeting the terms and conditions of the RP, in waters of the U.S. (including wetlands) will satisfy this requirement. If you are unsure if your project is considered to be under contract, please call the Regulator of the Day at 757-201-7652.
2. How do I know if my project continues to meet the terms and conditions of the newly issued 2018 Regional Permit?
If your project was authorized (either non-reporting or verified by the Corps in writing) under the 2013 Regional Permit 17, you will be required to complete the updated 2018 Regional Permit 17 Checklist on the Corps webpage. If you have answered “YES” (or “N/A”, where applicable) to all of the questions in this checklist, you are in compliance with newly issued Regional Permit 17 (18-RP-17). If you have answered “NO” to any of the questions on this checklist, you are required to obtain written verification from the Corps prior to performing the work.
For all other 2013 Regional Permits:
If you are unsure if your project meets the terms and conditions of the newly issued 2018 Regional Permit, you may request a written verification from the Corps by following the procedures outlined in the 2018 Regional Permit.