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Expand List item 38154Collapse List item 38154  3 July 2025 – USACE seeks public comments on new NEPA implementing procedures for the Corps Regulatory Program and Section 408 Program

Department of the Army and the U.S. Army Corps of Engineers (USACE) announced we are seeking comments on an interim final rule that establishes new National Environmental Policy Act (NEPA) implementing regulations at Title 33 Code of Federal Regulations (CFR) part 333 for the USACE Regulatory Program and the USACE Section 408 Program. The interim final rule became effective on July 3, 2025 for Regulatory Program permit applications and Section 408 permission requests submitted to the USACE on or after July 3, 2025. The new USACE NEPA implementing procedures at 33 CFR 333 replace the Corps Regulatory Program’s previous NEPA implementing procedures at 33 CFR 325, appendix B.

A public notice soliciting comments on the interim final rule was published in the July 3, 2025, Federal Register at https://www.federalregister.gov/documents/2025/07/03/2025-12360/procedures-for-implementing-nepa-processing-of-department-of-the-army-permits. Department of the Army and USACE will accept written comments through August 4, 2025. Comments may be submitted through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2025-0006.

Expand List item 24023Collapse List item 24023  Special Public Notices

  • On June 18, 2025, USACE announced it is seeking comments on its proposal to renew and revise 56 existing nationwide permits and issue one new nationwide permit authorizing activities associated with improving fish passage. The Federal Register posting can be accessed at https://www.federalregister.gov/documents/2025/06/18/2025-11190/proposal-to-reissue-and-modify-nationwide-permits. USACE will accept written comments through July 18, 2025. Comments may be submitted by e-mail to 2026nationwidepermits@usace.army.mil or through the Federal eRulemaking portal at www.regulations.gov at docket number COE-2025-0002, or by mail to U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street NW, Washington, DC 20314-1000.

    Click here to view a news release from USACE Regulatory Headquarters with additional information.  

  • On January 20, 2025, the President of the United Stated issued Executive Order 14156: Declaring a National Energy Emergency. Pursuant to Sec. 2 of EO 14156, agencies are further directed to use, to the fullest extent possible and consistent with applicable law, emergency Army Corps permitting provisions to facilitate the Nation’s energy supply. Click this link to see the Special Public Notice.

  • 28 January 2025 - Draft National Wetland Plant List posted on Federal Register -- The U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, is announcing the availability of the draft changes to the 2024 NWPL and its web address to solicit public comments.  The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for one plant species in the Atlantic and Gulf Coastal Plain and Eastern Mountains, and Piedmont regions and one species in the Midwest and Northcentral and Northeast regions. Additionally, changes to eight species in the Alaska Region are proposed and available for public comment. The Federal Register Notice (FRN) for the 2024 NWPL update can be found here: https://www.federalregister.gov/documents/2025/01/28/2025-01798/national-wetland-plant-list

    The public comment period ends on 31 March 2025. USACE encourages public input in the form of data, comments, literature references, or field experiences, to help clarify the status of the species reviewed for this update. Comments on these proposed changes should be emailed to: nwpl@usace.army.mil

    Users are encouraged to submit literature citations, herbaria records, experiential references, monitoring data, photographic documentation, and other relevant information. Specific knowledge of, or studies related to, individual species are particularly helpful. When providing input or information on the draft changes to the 2024 NWPL update, commenters should use their regional botanical and ecological expertise, field observations, reviews of the most recent indicator status information, appropriate botanical literature, floras, herbarium specimens with notation of habitat and associated species, habit data, relevant studies, and historic list information. Providing ratings without supporting documentation or information is not recommended. All submitted comments and information will be compiled and sent to the National Panel for their review and consideration.

    USACE administers the NWPL for the United States and its territories.  The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects.  Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species.  The latest review process began in 2024 and included review by Regional Panels and the National Panel. 

    Additional information on the NWPL can be found at the NWPL website (https://wetland-plants.sec.usace.army.mil/), including a new video on how to use the newly redesigned site, which can be found here: https://wetland-plants.sec.usace.army.mil/reference/

  • 26 April 2024 Special Public Notice 2021 Nationwide Permit Supplemental Regional General Conditions

  • 12 January 2024: Special Public Notice announcing RGP 8 Reissuance

  • 19 October 2023: Special Public Notice Suspension and Proposed Revocation of Nationwide Permit 48

  • 27 June 2023: Special Public Notice Requesting Comments on Proposed Supplemental Regional General Conditions

  • 26 July 2022: Special Public Notice announcing publication of 2021 Nationwide Permits - User Guide

  • 30 June 2022: Special Public Notice announcing Salish Sea Nearshore Programmatic Consultation

  • 14 February 2022: Special Public Notice announcing 2021 Nationwide Permits - Final 41 - Regional Conditions

  • 7 January 2022 - Special Public Notice announcing 27 December 2021 publication in the Federal Register Notice announcing 2021 NWPs - Final 41

  • 21 June 2021:  This Special Public Notice (SPN) supersedes the SPN dated March 22, 2021 with corrections. The Washington State Department of Ecology Water Quality Certification (WQC) Determination for NWP 29, 39, 40, 42, 43, 48, 57, and 58 is corrected and is listed in Enclosure 1. Individual WQC is required from Ecology for all of these NWPs. There is no General WQC for these NWPs. 

  • 22 March 2021:  This Special Public Notice (SPN) supersedes the SPN dated March 17, 2021 with revisions to this SPN and enclosure.  The date of the general 2021 NWP public outreach event is March 31, 2021, not March 24, 2021.

  • 22 March 2021:  This Special Public Notice (SPN) supersedes the SPN dated March 9, 2021 with  revisions.  The Washington State Department of Ecology Water Quality Certification Determination for NWP 55 and 56 was incorrectly listed in Enclosure 1.  Individual WQC is required from the appropriate certifying agency for both NWPs.  Also, in Ecology’s WQC General Condition 2, the word “that” was changed to “and”.

  • 17 March 2021:  A Public Outreach Event on Shellfish Mariculture will be held on March 31, 2021 from 1:30 - 3:30 pm.  You must RSVP to marcy.m.wyatt@usace.army.mil to attend this event.  See SPN for details.

  • 9 March 2021:  This Special Public Notice (SPN) supersedes the SPN dated March 5, 2021 with a revision.  The Washington State Department of Ecology Water Quality Certification General Condition 4 was incorrectly listed in Enclosure 1.  The reference to marine waters with eelgrass is corrected (bolded text) as follows: [Individual WQC] is required for activities in or affecting “marine waters with eelgrass (Zostera marina) beds (except for NWP 48)”.

  • 5 March 2021:  Final Regional Conditions for Seattle District 2021 Nationwide Permits - Final 16 and Public Outreach Event Announcement.  On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026.  You must RSVP to attend the Public Outreach Event.  See SPN for details.

  • This Special Public Notice announces the publication of a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026.

  • The Special Public Notice announces the Seattle Districts decision to accept and expend funds contributed by BNSF Railway Company (BNSF). Please read this SPN dated October 6, 2020.

  • New 401 Water Quality Certification Rule by the Environmental Protection Agency.  Please read this SPN dated September 25, 2020, for details on how this applies to permit applications submitted to the U.S. Army Corps of Engineers, Seattle District for projects in Washington State.
  • Seattle District, Regulatory Branch Paperless Initiative:  Effective January 1, 2020, all permit applications should be submitted electronically.  Please read this SPN for the details on how to name and submit permit application materials.
Expand List item 35723Collapse List item 35723  Permit applications are now available in RRS!

USACE is pleased to announce that the new national online application portal and management platform, known as the Regulatory Request System (RRS) now includes an electronic submission option for permit applications. This platform has been introduced to modernize our permit application process and to address our users' expectations by providing a straightforward and transparent process for the submittal of permit requests.

RRS is a web-based platform currently in a beta version that enables users to submit pre-application meeting requests, jurisdictional determination requests, and now applications for individual and general permits. This new system aims to streamline the process, improve efficiency, and provide a more user-friendly experience for our applicants.     

We believe that RRS will not only benefit our users by simplifying the application process but will also enhance our ability to effectively manage and review permit requests. We are confident that this modernization initiative will lead to improved customer satisfaction and greater overall efficiency within our Regulatory Program.

We encourage users to explore and utilize the new Regulatory Request System to take advantage of its benefits and features. Visit rrs.usace.army.mil today!

For additional information on or to provide feedback on RRS, please contact us using the following email: rrs@usace.army.mil. 

Expand List item 32567Collapse List item 32567  September 8, 2023: EPA and the Army Issue Final Rule to Amend 2023 Waters of the U.S. Rule
Expand List item 31429Collapse List item 31429  January 18, 2023: New definition of "waters of the U.S"

The Environmental Protection Agency and U.S. Army Corps of Engineers ("the agencies") are in receipt of the U.S. District Court for the District of Arizona’s August 30, 2021, order vacating and remanding the Navigable Waters Protection Rule (NWPR) in the case of Pascua Yaqui Tribe v. U.S. Environmental Protection Agency. In light of this order, the agencies have halted implementation of the NWPR nationwide and are interpreting “waters of the United States” consistent with the pre-2015 regulatory regime. 

On December 30, 2022, the agencies announced the final "Revised Definition of 'Waters of the United States'" rule. On January 18, 2023, the rule was published in the Federal Register; the rule will be effective on March 20, 2023. The agencies developed this rule with consideration of the relevant provisions of the Clean Water Act and the statute as a whole, relevant Supreme Court case law, and the agencies’ technical expertise after more than 45 years of implementing the longstanding pre-2015 “waters of the United States” framework. This rule also considers the best available science and extensive public comment to establish a definition of “waters of the United States” that supports public health, environmental protection, agricultural activity, and economic growth. More information about the final rule is available here. Click here for more information on EPA's website.

Expand List item 31000Collapse List item 31000  December 1, 2022 - Joint Public Notice of Availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams

Request for comments until December 1, 2023 to usace.ohwm@usace.army.mil, Corps HQ. Click here to view the Joint Public Notice. Click here to view the Interim Draft National OHWM Manual. 

Expand List item 30303Collapse List item 30303  Salish Sea Nearshore Programmatic Consultation
Expand List item 25806Collapse List item 25806  2021 Final 16 and final 41 Nationwide Permit Reissuance

  • 26 July 2022: Special Public Notice announcing 2021 Nationwide Permits - User Guide

  • 7 April 2022: Special Public Notice announcing 2021 Nationwide Permits - Final 16 - Modified Water Quality Certification

  • 14 February 2022: Special Public Notice announcing 2021 Nationwide Permits - Final 41 - Regional Conditions

  • 7 January 2022 - Special Public Notice announcing 27 December 2021 publication in the Federal Register Notice announcing 2021 NWPs - Final 41

  • 21 June 2021:  This Special Public Notice (SPN) supersedes the SPN dated March 22, 2021 with corrections. The Washington State Department of Ecology Water Quality Certification (WQC) Determination for NWP 29, 39, 40, 42, 43, 48, 57, and 58 is corrected and is listed in Enclosure 1. Individual WQC is required from Ecology for all of these NWPs. There is no General WQC for these NWPs. 

  • Supplemental Documents for 2021 NWPs - Final 16

  • 31 March 2021:  A public outreach event on the 2021 NWP - Final 16 was conducted.  Click HERE to view the presentation.

  • 22 March 2021:  This Special Public Notice (SPN) supersedes the SPN dated March 9, 2021 with  revisions.  The Washington State Department of Ecology Water Quality Certification Determination for NWP 55 and 56 was incorrectly listed in Enclosure 1.  Individual WQC is required from the appropriate certifying agency for both NWPs.  Also, in Ecology’s WQC General Condition 2, the word “that” was changed to “and”.

  • 9 March 2021:  This Special Public Notice (SPN) supersedes the SPN dated March 5, 2021 with a revision.  The Washington State Department of Ecology Water Quality Certification General Condition 4 was incorrectly listed in Enclosure 1.  The reference to marine waters with eelgrass is corrected (bolded text) as follows: [Individual WQC] is required for activities in or affecting “marine waters with eelgrass (Zostera marina) beds (except for NWP 48)”.

  • 5 March 2021:  Final Regional Conditions for Seattle District 2021 Nationwide Permits - Final 16 and Public Outreach Event Announcement.  On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026.  You must RSVP to attend the Public Outreach Event.  See SPN for details.
  • Special Public Notice - The Special Public Notice dated January 13, 2021, announces the publication of a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026.
  • Federal Register Notice - 2021 Nationwide Permits - Final 16 - January 13, 2021
  • Special Public Notice - The Special Public Notice dated September 30, 2020 announces the publication of the proposed 2020 Nationwide Permits, national and Seattle District regional conditions and requests comments.
  • News Release - Publication of Proposed Rule 2020 Nationwide Permits - September 15, 2020
  • Federal Register Notice - Proposed Rule 2020 Nationwide Permits - September 15, 2020
Expand List item 25861Collapse List item 25861  Aquaculture (Permit Guidebook, Chapter IX: Aquaculture)
Expand List item 25811Collapse List item 25811  401 Water Quality Certification Final Rule

Information on Final Rule-Clean Water Act 401 Certification Rule: Links to EPA's website for the Final Rule
Overview of Changes and FAQS
EPA Outreach

Expand List item 24896Collapse List item 24896  New Procedures to Submit Permit Application Materials Electronically, January 1, 2020

Seattle District, Regulatory Branch Paperless Initiative:  Effective January 1, 2020, all permit applications should be submitted electronically.  Please read this SPN for the details on how to name and submit permit application materials.

Expand List item 24340Collapse List item 24340  High Tide Line Information - February 21, 2020
Expand List item 1316Collapse List item 1316  

Latest Pre-Application Meeting Information and Documents

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Expand List item 1314Collapse List item 1314  

Updates on BP Cherry Point Dock, BP Cherry Point Refinery, and US Navy Project

Updates on the Chehalis River Basin Flood Control Zone District Proposal

Applicant's Proposal

The Chehalis River Basin Flood Control Zone District (FCZD), in coordination with the Chehalis Basin Board (CBB) and the Washington State Department of Ecology’s (Ecology) Office of the Chehalis Basin (OCB), proposes to construct a flow through flood retention facility and associated temporary reservoir on the Chehalis River south of the Town of Pe Ell, and raise the height of the levee at the Chehalis-Centralia airport in Lewis County, Washington. The project has been referred to as the Flood Damage Reduction Project, the Flow-Through Dam, or the Flood Retention Expandable Facility and Airport Levee Improvement Project. The purpose of the project is to reduce flood damage in the Chehalis River Basin and would be funded by the Washington State capital budget. As proposed, 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 a future increase in flood storage capacity (if proposed and approved in the future).
 

Background

When a Department of the Army permit is requested, the Corps must review the proposal in compliance with the National Environmental Policy Act (NEPA) of 1969.  An Environmental Impact Statement (EIS) must be prepared when a proposal is likely to have a significant effect on the quality of the environment. 

The Seattle District Army Corps of Engineers, also known as Northwest Seattle (NWS) determined that the project may have significant impacts to the human environment and published a Notice of Intent (NOI) to prepare an EIS in the Federal Register (Fed. Reg.) on September 28, 2018.  A Draft EIS was subsequently prepared and released on September 18, 2020.  The Draft EIS was circulated for public review and comment from September 18 to November 17, 2020. 

In response to comments received from the Draft EIS, the FCZD is underwent additional engineering work to relocate the proposed facility approximately 1,300 feet upstream of the previously proposed dam location. The re-alignment is intended to minimize impacts that were identified during the application review/ EIS process. The FCZD submitted a revised project description associated with the new structure alignment on April 25, 2024. The FCZD also submitted a revised mitigation plan on July 3, 2024.

 

Current Status

NWS is currently reviewing the revised project description and mitigation plan and intends on publishing a Supplemental to the Draft EIS around Spring 2026. Following the Supplemental to the Draft EIS comment period the Corps will resume development of the Final EIS and a Record of Decision (ROD).

NWS is currently coordinating with the FCZD to evaluate and address public, tribal and agency comments received during the Draft EIS public review period.

NWS is currently working with the FCZD to prepare sufficient documents for consultation and compliance with Section 7 of the Endangered Species Act (ESA) and Section 106 of the National Historic Preservation Act (NHPA).

Special Public Notices
Publishing of Supplemental to the Draft Environmental Impact Statement 

Notice of intent to prepare a draft environmental impact statement for the proposed Chehalis River basin flood damage reduction project
Proposed WRRDA Agreement with Chehalis River Basin Flood Control Zone District

Additional Information Links

https://chehalisbasinstrategy.com/wp-content/uploads/2019/02/Chehalis_NEPA_ScopSummRpt_20190206-reducedsize.pdf

https://ecology.wa.gov/ecologys-work-near-you/river-basins-groundwater/chehalis-basin/chehalis-flood-reduction-eis

https://www.chehalisriverbasinfczd.com/