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Public Announcement: Regulatory work days Available for Shellfish Applicants

11 January 2017

To assist applicants in completing applications and ensuring the Corps’ compliance with the programmatic ESA/MSA Biological Opinions, the Corps is holding a number of work days in local communities. Shellfish aquaculture applicants can make individual appointments to discuss their specific projects with regulatory staff at these work days. Please review this Public Announcement for details.

Endangered Species Act Coordination Complete for Shellfish Aquaculture Activities


The U.S. Army Corps of Engineers (Corps) has received Biological Opinions (BiOps) from the National Marine Fisheries Service and U.S. Fish and Wildlife Service to complete the Endangered Species Act Programmatic Consultation for Shellfish Aquaculture activities. The Corps is in the process of reviewing the BiOps.

Comments Received on NWS Proposed Regional Conditions for 2017 NWP 48


These comments were received during the Public Notice comment period (November 30, 2016 - January 6, 2017) for the proposed 2017 Nationwide Permit 48 Seattle District regional conditions.


Comments Received on NWS Proposed Regional Conditions for 2017 NWP


The following comments were received during the Public Notice comment period (June 20 - August 19, 2016) for the proposed 2017 Nationwide Permit Seattle District regional conditions.

Special Public Notice for 2017 Nationwide Permits Reissuance


On June 1, 2016, the U.S. Army Corps of Engineers published in the Federal Register its proposal to reissue the 50 existing nationwide permits (NWPs) and issue two new NWPs.

Nationwide permits are general permits issued on a nationwide basis to streamline the authorization of activities that result in no more than minimal individual and cumulative adverse environmental effects. Many of the proposed NWPs require notification to the district engineer before commencing those activities, to ensure that the activities authorized by those NWPs cause no more than minimal individual and cumulative adverse environmental effects.

Instructions for submitting comments are provided in our Special Public Notice.

Comments on the proposed NWPs described in the Federal Register are due by August 1, 2016.


EPA Releases On-Line Training: Aquatic Resource Awareness for Real Estate Appraisers


EPA recently released a new online training module titled "Aquatic Resource Awareness for Real Estate Appraisers" designed for licensed real estate appraisers and approved by the Appraisal Foundation. The goal of this course is to increase awareness of aquatic resources, including why and how they are protected under environmental laws, what signs to look for that might indicate their presence in the environment, and how they can be documented as part of an appraisal. After successful completion of this course, real estate appraisers should have a general awareness of aquatic resources and be able to accurately complete the portion of the Uniform Residential Appraisal Report form that deals with site conditions. Real Estate Appraisers will be provided an online, form-fillable Watershed Academy certificate after completion of a final exam in the course module which may be submitted to their respective state or national Appraisal Foundation for continuing education credits. This online module is posted at HERE; select Modules, then scroll to the bottom of the page.

Public Workshop on Mitigation Requirements and Meet & Greet Corps Regulators


The Corps held a workshop on Mitigation Requirements to inform the regulated public about mitigation requirements and processes. Please click HERE to view the PowerPoint presentation.

Pre-Publication of 2017 Nationwide Permits


In several weeks, the Corps will be publishing the Proposed 2017 Nationwide Permits in the Federal Register. Please visit the Corps headquarters website for more information.

Corps Halts Gateway Pacific Terminal Permitting Process


After careful consideration of all the information available to him, Seattle District Commander Col. John Buck has determined the potential impacts to the Lummi Nation’s usual and accustomed (U&A) fishing rights from the proposed Gateway Pacific Terminal are greater than de minimis. Because the district has determined the effects to the Lummi’s rights are more than de minimis and because the Lummi maintain their objections to this proposal, the project cannot be permitted by the Corps.

2016 Update to National Wetland Plant List (NWPL)


Federal agencies must use the 2016 NWPL on all new Jurisdictional Determinations after May 1, 2016. Any delineations underway with the field work conducted prior to May 1, 2016 utilizing the 2014 plant list will be accepted, please just reference which list was used in your documentation. Any subsequent revisions to a delineation will need to utilize the 2016 or most current list.  The list is updated every two years.

One significant change on the 2016 list is the change of the indicator status for Himalayan blackberry which has changed from FACU to FAC.  The NWPL can be found at For a summary of the NWPL and this change please click HERE for more information.

Clean Water Rule Injunction


The Sixth Circuit issued an order staying the new Clean Water Rule nationwide, pending a determination by the court on jurisdiction to review the rule. Thus, the Clean Water Rule is stayed, and the prior 1986 regulations are in effect nationwide. USACE and EPA are evaluating the order and its implications for the litigation that is currently pending in district courts. In the meantime, USACE is not implementing the Clean Water Rule, and is using the 1986 regulations and applicable guidance (those in effect prior to August 28, 2015) in making jurisdictional determinations or taking other actions based on the definition of "waters of the United States".

Hood Canal Bulkhead Violation


A Hood Canal waterfront property owner pleaded guilty in U.S. District Court to the federal felony offense in regards to his unlawful construction of a beachfront bulkhead. The unpermitted work resulted in the loss of sensitive salmon habitat that will require restoration. In addition to the criminal charge, the defendant agreed to pay $60,000 in civil penalties and $60,500 to the Hood Canal Coordinating Council for mitigation of salmon habitat to offset environmental impacts associated with construction of the bulkhead.

New Clean Water Rule


New Clean Water Rule published on June 29, 2015 will be effective on August 28, 2015. The Rule describes new processes to identify waters regulated under the Clean Water Act.

Army Corps of Engineers Receives New Biological Opinion


The U.S. Army Corps of Engineers announced today that it received a final biological opinion from National Oceanic and Atmospheric Administration Fisheries on the nationwide permits that were reissued on Feb. 13, 2012, and went into effect March 19, 2012.

BP Cherry Point Dock

BP Cherry Point Refinery Marine Terminal North Wing Extension

Go to Chapter IX of our Permit Guidebook (click here) for more information on aquaculture activities.

The Corps has invited Federal, Tribal, state and municipal officials along with growers and interested groups to recurring meetings with Seattle District’s Regulatory Branch to update those involved with shellfish aquaculture about ongoing and upcoming permitting program activities in Washington State.  Related materials are accessible at the links below:

The Seattle District, U.S. Army Corps of Engineers, is holding an information and feedback meeting January 22 to update those involved with shellfish aquaculture about permitting program activities in Washington State. Aquaculture operators, Federal, Tribal, state and municipal officials along with interested groups are invited to participate. 

 The meeting will be held at 9 a.m. at the Federal Center South, 4735 E. Marginal Way South, Seattle, Washington, in the Salish Sea Room of Building 1202.

 Preliminary Agenda:

9 a.m.                    Welcome by Seattle District Commander Col. Mark Geraldi

9:05 a.m.              Introductions

9:15 a.m.              Status on proffered Nationwide Permit 48 verifications

9:25 a.m.              Seek permittees’ feedback on:

                                                a) The proffered permit process

                                                b) Implementation of Aquaculture Biological Opinion Conservation Measures

9:50 a.m.              Status of Eelgrass Delineation Guidance

10 a.m.                 Questions & Answers

10:30 a.m.           Closing Remarks


The building is a secure facility.  If you plan to attend, you must RSVP to enable us to provide names to security officers before the event. Please arrive 15 minutes early to allow time to pass through security.  In addition you will need to have valid photo ID and go through a metal detector to enter the building.

 If you plan to attend in person, please call Patricia Graesser, Public Affairs Chief, by January 17 at (206) 764-3760 or e-mail her at:  If you can’t attend in person and wish to join on to a web meeting and audio conference call, please contact Ms. Graesser for the sign on and call in information.



  • Public Notice - 30 September 2016: Request for Comments and NEPA Draft Environmental Impact Statement
  • MBTL Website for access to documents
  • News Release - Army Corps of Engineers, Seattle District Scope of Analysis for EIS (18 Feb 2014)
  • Memorandum on Scope of Analysis for EIS (14 Feb 2014)
  • News Release - Army Corps of Engineers, Seattle District will Require EIS for Proposal (13 July 2011)
  • News Release - Consultant selected for environmental review of Millennium Bulk Terminals - Longview proposal
  • News Release - Scoping period announced for proposed Millennium Terminal-Longview project EIS
  • Notice of Intent to prepare a joint Environmental Impact Statement
  • Federal Register posting (6 September 2013) regarding NEPA EIS scoping meetings

Updates on the Chehalis River Basin Flood Control Zone District Proposal

Applicant's Proposal Description:

The Chehalis River Basin Flood Control Zone District (applicant) is proposing construction of a water retention facility and associated infrastructure on the main-stem Chehalis River south of the Town of Pe Ell, Washington. The facility would have capacity to provide 65,000 acre-feet of temporary flood storage during major floods, and would be constructed with a foundation to allow the future expansion of its water retention capacity. The Chehalis River would flow normally during regular conditions or small flood events. The top of the dam structure would be 1,220 feet long with a maximum structural height of up to 254 feet including 3 to 5 feet of freeboard for safety. The dam is proposed to include a 210-foot-wide emergency spillway, discharging into a 70-foot stilling basin. The applicant also proposes to raise the elevation  of the Centralia-Chehalis Airport levee in Chehalis, Washington.  The levee would be raised 4 to 7 feet, along with raising Airport Road 1,700 feet along the southern extent of the airport. The proposal is in pre-application status.

Link to EIS Scoping Information

Special Public Notice
Notice of intent to prepare a draft environmental impact statement for the proposed Chehalis River basin flood damage reduction project

Special Public Notice
Proposed WRRDA Agreement with Chehalis River Basin Flood Control Zone District

September 28, 2018 News Release - Scoping Period Opens for EIS

Environmental review starts for Chehalis River