Update: Nationwide Permit 12 Available (For Some)
On May 11, 2020, the U.S. District Court for the District of Montana amended their previous order which broadly vacated Nationwide Permit (NWP) 12 for all uses. The vacate order now only applies to the construction of new oil and gas pipelines. Therefore, NWP 12 can again be used to address impacts to Waters of the U.S. from all other non-oil and gas pipeline construction activities (such as electric transmission, water, sewer, and telecommunication lines).
NWP 12 addresses utility project impacts to wetlands and other Waters of the U.S.
New Permit Application Component in Norfolk District
On May 11, 2020 the U.S. Army Corps of Engineers’ Norfolk District Regulatory Office issued a Public Notice for the new Norfolk District Wetland Attribute Form. The Corps developed the form “to provide a detailed, rapid, and qualitative description of the physical, chemical, and biological characteristics of wetlands being evaluated under the Clean Water Act (CWA) Section 404 permitting process.” The form will support the Corps in “making more informed permit decisions” and will give the Corps information consistent to what the Virginia Department of Environmental Quality and other regulatory agencies typically require.