• 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.

On September 12, 2019, the Environmental Protection Agency and Department of the Army (the agencies) signed a final rule to repeal the 2015 Clean Water Rule (2015 Rule) and re-codify the regulatory text defining "waters of the United States" (WOTUS) that existed prior to the 2015 Rule.  This Final Rule will be effective in 60 days. This action will, when effective, provide regulatory certainty as to the definition of “waters of the United States” in light of ongoing litigation over the 2015 Rule. This final rule will be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.  Click on this Special Public Notice for more details.  UPDATE:  The Step 1 Final Rule was published in the Federal Register on October 22, 2019 and is effective December 23, 2019.

On June 2018, the Environmental Protection Agency (EPA) published information stating that a large portion of Eagle Harbor is a designated no anchor area.  Activities EPA has prohibited in this area include anchoring, dredging, laying cable, dragging, seining, bottom fishing, conducting salvage operations, or any other activity which could potentially disturb the seabed.  Click HERE to view EPA's published announcement.

BP Cherry Point Dock

• Draft Environmental Impact Statement, May 2014       
  • Appendix A, Notice of Intent
  • Appendix B, Scoping Report
  • Appendix C, Vessel Traffic Risk Analysis
  • Appendix D, Vessel Traffic Analysis
  • Appendix E, Ecology Fate and Effects
  • Appendix F, Nearshore and Marine Resources
  • Appendix G, Biological Evaluation
  • Appendix H, Magnuson Amendment Discussion

• News Release - 1,000s of comments in EIS process for BP Cherry Point dock North Wing
• Draft EIS Federal Register Notice June 2014
• Posters from Draft EIS Public Meetings July 2014
• Presentation from Draft EIS Public Meetings July 2014

BP Cherry Point Refinery Marine Terminal North Wing Extension

• Environmental Impact Statement Scope, November 2010

U.S. Navy Explosives Handling Wharf 2 at Bangor

• Record of Decision
• Signed Permit
• Comments and Responses Appendix A

Presentation slides from USACE available here.

• 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

• 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

• Final User's Guide dated March 16, 2018
• Special Public Notice Announcing Seattle District Regional Conditions dated March 17, 2017
• 2017 Seattle District Regional Conditions dated March 17, 2017
• 2017 Nationwide Permit National Conditions, Federal Register dated January 6, 2017 (Conditions start on pg. 1983; pg. 125 of pdf)
• 401 Water Quality Certification Decisions
  • Washington Department of Ecology
  • Spokane Tribe
  • Tulalip Tribes
  • Confederated Tribes of the Chehalis Reservation
  • Kalispel Tribe of Indians
  • Lummi Nation
  • Makah Tribe
  • Puyallup Tribe of Indians
  • Swinomish Indian Tribal Community
  • Port Gamble S'Klallam Tribe
• Special Public Notice Announcing Proposed Regional Conditions; Issued June 20, 2016; Comment Period Has Closed.
• Special Public Notice Nationwide Permit 48 Reissuance – 11/23/2016
• Clarification to the Nov 23 SPN NWP 48 - 11/30/2016

 14 February 2019 - EPA and Army publish proposed revised "waters of the United States" definition 
The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019. Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule. Additional information can be found in the Special Public Notice provided below.

Special Public Notice
Clean Water Act Proposed Rule For a Revised Definition of the "Waters of the U.S."

7 January 2019 - EPA and Army Postpone Public Hearing on Proposed New "Waters of the United States" Definition.  Due to the lapse in appropriations for the U.S. Environmental Protection Agency (EPA), EPA and the Department of the Army (Army) have postponed the planned January 23 public hearing on the proposed new "Waters of the United States" definition until after appropriations have passed to fund the EPA.  Publication of the proposed rule in the Federal Register is also postponed.  Information on the status of the public hearing will be posted on the EPA website at https://www.epa.gov/wotus-rule/epa-and-army-postpone-public-hearing-proposed-new-waters-united-states-definition.

11 December 2018 - EPA and Army Propose New "Waters of the United States" Definition The U.S. Environmental Protection Agency and the Department of the Army have proposed a new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The agencies will take comment on the proposal for 60 days after publication in the Federal Register. EPA and the Army will also hold an informational webcast on January 10, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on January 23, 2019.  More information including a pre-publication version of the Federal Register notice, the supporting analyses and fact sheets are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

The U.S. Environmental Protection Agency (EPA) and the Department of the Army announced today the publishing in the Federal Register of the proposed new definition of "waters of the United States" that clarifies federal authority under the Clean Water Act.  The notice is available at https://www.federalregister.gov/documents/2019/02/14/2019-00791/revised-definition-of-waters-of-the-united-states and provided in the attached Special Public Notice. The agencies' proposal is the second step in a two-step process to review and revise the definition of "waters of the United States" consistent with the February 2017 Presidential Executive Order entitled "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule." The publishing of the proposal and outreach efforts were delayed due to the lapse in appropriations for EPA. Today's notice begins a 60-day public comment period that will close on April 15, 2019. EPA and the Army will hold an informational webcast on February 14, 2019, and will host a listening session on the proposed rule in Kansas City, KS, on February 27-28, 2019.  For additional Information, including supporting analyses and fact sheets, are available at: https://www.epa.gov/wotus-rule/step-two-revise and https://www.epa.gov/wotus-rule.

On June 29, 2015, the Clean Water Rule (Rule) was published (click here to see the Federal Register Notice).  Due to court order(s) the Environmental Protection Agency and the U.S. Army Corps of Engineers (Corps) were not implementing the Rule.  On August 16, 2018, a court order directed the Corps in 26 states (click here to see map) to immediately implement the Rule.