15440 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Notices

DEPARTMENT OF DEFENSE

Department of the Army

Corps of Engineers

Proposal to Issue a Nationwide Permit

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice.

SUMMARY: As a part of our effort to

improve the regulatory program, the

Army Corps of Engineers is proposing to

issue a new nationwide general permit

(NWP) under Section 404 of the Clean

Water Act and Section 10 of the Rivers

& Harbors Act for single-family

residential development. The NWP will

provide for effective protection of the

aquatic environment while substantially

reducing regulatory burdens on

landowners.

In August 1993, the Clinton

Administration announced a

comprehensive package of

improvements to the Federal wetlands

program that identified measures to

enhance the fairness, flexibility, and

effectiveness of the wetlands program. A

major focus of the Administration’s

Wetland Plan is intended to address the

concerns of landowners by streamlining

Section 10 and 404 permitting programs

where possible while maintaining

needed environmental protection.

The public is invited to provide

comments on this proposal and is being

given the opportunity to request a

public hearing on the proposed NWP.

DATES: Comments must be received by

May 8, 1995.

ADDRESSES: Comments should be

submitted in writing to: Office of the

Chief of Engineers, ATTN: CECW–OR,

20 Massachusetts Avenue NW,

Washington, DC 20314–1000.

Comments will be available for

examination at the Office of the Chief of

Engineers, Room 6225, Pulaski

Building, 20 Massachusetts Avenue

NW, Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

Peter Kube or Mr. Sam Collinson,

Regulatory Branch, Office of the Chief of

Engineers at (202) 272–0817.

SUPPLEMENTARY INFORMATION:

Background

The White House Office on

Environmental Policy announced the

President’s Wetlands Plan on August 24,

1993. The plan set forth a

comprehensive package of

improvements to the Federal wetlands

protection programs. A major goal of the

plan is to ensure that programs are fair,

flexible, and effective. To achieve this

goal, the Corps regulatory program must

continue to provide effective protection

of wetlands while conveying to the

public a clear understanding of

regulatory requirements. In its

implementation, the regulatory program

must be administratively efficient,

flexible yet predictable, and avoid

unnecessary impacts to private property

and the regulated public.

We are proposing this new NWP to

support the objectives in the President’s

Wetlands Plan. The new NWP would

authorize activities in wetlands related

to the construction or expansion of a

single-family home. This would allow,

for example, a couple to build a

retirement home on wetlands property

they own without applying for an

individual Section 404 permit. The

NWP includes limits and conditions to

minimize impacts on the aquatic

environment.

There is a perception by many in the

country that the regulatory process has

become too burdensome on small

landowners simply desiring to build a

home. This nationwide general permit

has been developed to reduce the

regulatory burden on small landowners

proposing to build or expand a singlefamily home while simultaneously

maintaining environmental safeguards.

It seeks to strike this balance by

allowing a landowner to build or

expand a home with minimal regulatory

oversight while protecting the aquatic

resource through specific limitations. If

finalized, the new NWP will allow the

Corps to focus better its resources on

areas that have the potential for greater

environmental impacts. Further, as the

Corps realizes workload savings

resulting from this NWP it should be

able to improve service to other sectors

of the regulated public (e.g., large

developments).

Proposed NWP for Single Family

Housing

In order to address the above

concerns, the Corps proposes to issue

the following NWP.

Discharges of dredged or fill material

into non-tidal wetlands for the

construction or expansion of a singlefamily home and attendant features,

such as a garage, driveway, storage shed,

and/or septic field, provided:

a. The discharge into waters of the

United States does not cause the loss of

more than 1⁄2 acre;

b. The permittee notifies the District

Engineer in accordance with the

‘‘Notification’’ general condition (as

modified for this NWP only);

c. The permittee has taken necessary

actions to minimize the on-site and offsite impacts of the discharge. For

example, the location of the home may

need to be adjusted on-site to avoid

flooding of adjacent property owners;

d. The discharge is part of a single

and complete project and that for any

subdivision created after March 6, 1995

the permittee notifies the District

Engineer of any discharge which would

cause the aggregate total loss of waters

of the United States for the entire

subdivision to exceed 1⁄2 acre; and

e. an individual may use this

nationwide permit only once.

For the purposes of this nationwide

permit, the acreage of loss of waters of

the United States includes the filled

area plus any other waters of the United

States that are adversely affected by

flooding, excavation, or drainage as a

result of the project. (Sections 10 & 404)

The above NWP is being proposed

under the authority of Section 404(e) of

the Clean Water Act (33 U.S.C. 1344)

and Section 10 of the Rivers and

Harbors Act of 1899 (33 U.S.C. 401 et

seq.).

Discussion

We are requesting comments on the

following specific issues:

MAXIMUM ACREAGE: General

permits are designed to authorize

categories of activities in waters of the

United States that will have minimal

individual and cumulative impacts.

This NWP would allow discharges

affecting up to 1⁄2 acre of non-tidal

waters and wetlands for the

construction or expansion of a singlefamily home and attendant features,

such as the construction of a driveway,

garage, and/or septic field. For purposes

of this NWP, impacts include the filled

area plus any wetlands adversely

affected by flooding, excavation, or

drainage. The actual loss of wetlands

that would be authorized under the

NWP would be limited to the minimum

necessary for construction of the house

and attendant features. (See discussion

below on mitigation.) The NWP may not

be used in combination with other

general permits if the cumulative

impacts from all activities are more than

minimal.

We believe that 1⁄2 acre is sufficient

for the vast majority of single-family

homes. However, we are interested in

receiving comments regarding the

maximum acreage of impact to be

allowed under this authorization.

Should the maximum acreage be

reduced to 1⁄8 or 1⁄4 acre or should the

maximum acreage of impact be

increased to 3⁄4 or 1 acre? The maximum

acreage allowed under this NWP will be

dependant on how the term ‘‘attendant

features’’ is defined. We are interested

in comments regarding a definition of
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Notices 15441

the term ‘‘attendant features’’. Should

the authorization be limited to fill for

foundations and building pads or

should fill also be allowed for any

attendant amenity as currently

proposed, such as a yard, tennis courts,

and/or swimming pool under this NWP?

2. PRE-CONSTRUCTION

NOTIFICATION: Individuals proposing

to use the NWP will have to first notify

the Corps in accordance with

procedures of General Condition #13,

Notification, as modified below. We

propose to streamline the preconstruction notification (PCN)

procedure by not requiring the Corps to

coordinate with the Federal resource

agencies, nor requiring the applicant to

submit advance notice to the Fish &

Wildlife Service or the State Historic

Preservation Officer. Specifically, the

Notification condition would be

modified for this NWP as follows:

13. Notification. (a) The prospective

permittee must notify the District

Engineer with a Pre-construction

Notification (PCN) as early as possible

and shall not begin the activity

authorized by this NWP:

(1) Until notified by the District

Engineer that the activity may proceed

under the NWP with any special

conditions imposed by the District or

Division Engineer; or

(2) If notified by the District or

Division Engineer that an individual

permit is required; or

(3) Unless 30 days have passed from

the District Engineer’s receipt of the

notification and the prospective

permittee has not received notice from

the District or Division Engineer.

Subsequently, the permittee’s right to

proceed under the NWP may be

modified, suspended, or revoked only in

accordance with the procedure set forth

in 33 CFR 330.5(d)(2).

(b) The notification must be in writing

and include the following information:

(1) Name, address and telephone

number of the prospective permittee;

(2) Location of the proposed project;

(3) Brief description of the proposed

project; the project’s purpose; direct and

indirect adverse environmental effects

the project would cause; any other

NWP(s), regional general permit(s) or

individual permit(s) used or intended to

be used to authorize any part of the

proposed project or any related activity.

(c) The standard individual permit

application form (Form ENG 4345) may

be used as the notification but must

clearly indicate that it is a PCN and

must include all of the information

required in (b) (1)–(3) of this General

Condition.

(d) In reviewing an activity under the

notification procedure, the District

Engineer will determine whether the

activity will result in more than

minimal individual or cumulative

adverse environmental effects or will be

contrary to the public interest. The

District Engineer will consider any

optional mitigation the applicant has

included in the proposal in determining

whether the net adverse environmental

effects of the proposed work are

minimal. If the District Engineer

determines that the activity complies

with the terms and conditions of the

NWP and that the adverse effects are

minimal, he will notify the permittee

and include any agreed upon special

conditions and/or mitigation. If the

District Engineer determines that the

adverse effects of the proposed work are

more than minimal, then he will notify

the applicant that the project does not

qualify for authorization under the NWP

and instruct the applicant on the

procedures to seek authorization under

an individual permit.

(e) Wetlands Delineations: When

necessary, wetland delineations must be

prepared in accordance with the current

method required by the Corps. The

permittee may ask the Corps to

delineate the wetland. However, there

may be some delay if the Corps does the

delineation and the 30-day period will

not start until the wetland delineation

has been completed.

We are requesting comments on the

PCN. Should the requirement for Corps

and applicant coordination of project

impacts with the resource agencies be

retained? Is the PCN to the Corps

needed in all cases? Should there be a

size limit such as 1⁄10, 1⁄8, 1⁄4 acre where

no PCN is required?

3. MITIGATION: No compensatory

wetland mitigation is required under

this authorization. However, the

landowner must take reasonable on-site

measures to minimize adverse impacts

to aquatic resources. For example, the

location of a home may need to be

adjusted on-site to avoid flooding of

adjacent property. Further, on-site

minimization steps must be taken to

minimize the loss of waters of the

United States. For example, if a

landowner currently owns 20 acres of

land, 15 acres of which is non-wetland,

we do not believe it is unreasonable to

require the use of the non-wetland

portion of the property where

practicable.

We are requesting comments on our

proposal to require no compensatory

mitigation for this NWP. Should we

require mitigation for all wetland losses

as a result of this permit or should we

require it if the fill exceeds a certain

acreage, such as 1⁄4 acre? Alternatively,

should compensatory mitigation only be

required for certain attendant features

such as the fill necessary for a yard?

4. SUBDIVISIONS: In order to ensure

that only minimal individual and

cumulative impacts occur, this

authorization is not intended to allow

individual landowners to impact more

than a total of 1⁄2 acre of waters of the

United States. Discharges authorized by

this NWP must be part of a single and

complete project and individuals may

use this NWP only once for all property

owned now and in the future. For any

real estate subdivision legally created or

subdivided before March 6, 1995, the

owner of each legally plated lot site may

use this NWP. Should we allow

individuals to use this nationwide

permit more than once (e.g. twice, for a

primary residence and a second home)

or should its use by individuals not be

limited.

For any real estate subdivision created

or subdivided after March 6, 1995,

discharges authorized under this NWP

may not exceed an aggregate total loss

of waters of the United States of 1⁄2 acre

for the entire subdivision. For purposes

of this NWP, the term ‘‘real estate

subdivision’’ shall be interpreted to

include circumstances where a

landowner or developer divides a tract

of land into smaller parcels for the

purpose of selling, conveying,

transferring, leasing, or developing said

parcels. This would include the entire

area of a residential, commercial or

other real estate subdivision, including

all parcels and parts thereof.

March 6, 1995 is being proposed

because that is the date this NWP was

announced to the public. Should the

March 6, 1995 date be changed to be

consistent with the NWP #26

subdivision clause of October 5, 1984,

or some other date? Also, are there other

options, rather than the Subdivision

provision, that would prevent

developers from dividing and selling

building sites, in the future, to

circumvent the limits of this nationwide

permit?

Nationwide Permit Conditions

This proposed NWP will be subject to

the conditions that apply to all

nationwide permits. These conditions

are found at 33 CFR Part 330 Appendix

A(C). As noted above, condition #13 has

been modified for purposes of this NWP

only.

Regional Conditions

Concurrent with this Federal Register

notice, District Engineers are issuing

local public notices. In addition to the

NWP conditions being proposed by the

Chief of Engineers, the Division and

District Engineers may propose regional
15442 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Notices

conditions or propose revocation of

NWP authorization for all or portions of

this NWP. Regional conditions may also

be required by state Section 401 water

quality certification or for state coastal

zone consistency. Comments on the

Federal Register notice that address

national concerns relating to the

proposed NWP and its conditions

should be sent to the U.S. Army Corps

of Engineers, CECW–OR, 20

Massachusetts Avenue N.W.,

Washington, D.C 20314–1000.

Comments on regional issues and

regional conditions should be sent to

the appropriate District Engineer as

indicated below.

ALABAMA

Mobile District Engineer, ATTN:

CESAM–OP–S, P.O. Box 2288,

Mobile, AL 36628–0001

ALASKA

Alaska District Engineer, ATTN: CENPA–

CO–R, P.O. Box 898, Anchorage, AK

99506–0898

ARIZONA

Los Angeles District Engineer, ATTN:

CESPL–CO–R, P.O. Box 2711, Los

Angeles, CA 90053–2325

ARKANSAS

Little Rock District Engineer, ATTN:

CESWL–CO–P, P.O. Box 867, Little

Rock, AR 72203–0867

CALIFORNIA

Sacramento District Engineer, ATTN:

CESPK–CO–O, 1325 J Street,

Sacramento, CA 95814–4794

COLORADO

Albuquerque District Engineer,

ATTN: CESWA–CO–R, P.O. Box

1580, Albuquerque, NM 87103–

1580

CONNECTICUT

New England Division Engineer,

ATTN: CENED–OD-R, 424 Trapelo

Road, Waltham, MA 02254–9149

DELAWARE

Philadelphia District Engineer, ATTN:

CENAP–OP–R, Wannamaker

Building, 100 Penn Square, East

Philadelphia, PA 19107–3390

FLORIDA

Jacksonville District Engineer, ATTN:

CESAJ–RD, P.O. Box 4970,

Jacksonville, FL 32232–0019

GEORGIA

Savannah District Engineer, ATTN:

CESAS–OP–F, P.O. Box 889,

Savannah, GA 31402–0889

HAWAII

Honolulu District Engineer, ATTN:

CEPOD–CO–O, Building 230, Fort

Shafter, Honolulu, HI 96858–5440

IDAHO

Walla Walla District Engineer, ATTN:

CENPW–OP–RF, Building 602,

City-County Airport, Walla Walla,

WA 99362–9265

ILLINOIS

Rock Island District Engineer, ATTN:

CENCR–OD–S, Clock Tower

Building, P.O. Box 2004, Rock

Island, IL 61201–2004

INDIANA

Louisville District Engineer, ATTN:

CEORL–OR–F, P.O. Box 59,

Louisville, KY 40201–0059

IOWA

Rock Island District Engineer, ATTN:

CENCR–OD–S, Clock Tower

Building, Rock Island, IL 61201–

2004

KANSAS

Kansas City District Engineer, ATTN:

CEMRK–OD–P, 700 Federal

Building, 601 E. 12th Street, Kansas

City, MO 64106–2896

KENTUCKY

Louisville District Engineer, ATTN:

CEORL–OR–F, P.O. Box 59,

Louisville, KY 40201–0059

LOUISIANA

New Orleans District Engineer, ATTN:

CELMN–OD–S, P.O. Box 60267,

New Orleans, LA 70160–0267

MAINE

New England Division Engineer,

ATTN: CENED–OD–R, 424 Trapelo

Road, Waltham, MA 02254–9149

MARYLAND

Baltimore District Engineer, ATTN:

CENAB–OP–R, P.O. Box 1715,

Baltimore, MD 21203–1715

MASSACHUSETTS

New England Division Engineer,

ATTN: CENED–OD–R, 424 Trapelo

Road, Waltham, MA 02254–9149

MICHIGAN

Detroit District Engineer, ATTN:

CENCE–CO–L, P.O. Box 1027,

Detroit, MI 48231–1027

MINNESOTA

St. Paul District Engineer, ATTN:

CENCS–CO–R, 190 Fifth Street,

East, St. Paul, MN 55101–1638

MISSISSIPPI

Vicksburg District Engineer, ATTN:

CELMV–CO–O, P.O. Box 80,

Vicksburg, MS 39180–0080

MISSOURI

Kansas City District Engineer, ATTN:

CEMRK–OD–P, 700 Federal

Building, 601 E. 12th Street, Kansas

City, MO 64106–2896

MONTANA

Omaha District Engineer, ATTN:

CEMRO–OP–R, P.O. Box 5, Omaha,

NE 68101–0005

NEBRASKA

Omaha District Engineer, ATTN:

CEMRO–OP–R, 215 North 17th

Street, Omaha, NE 68101–4978

NEVADA

Sacramento District Engineer, ATTN:

CESPK–CO–O, 1325 J Street,

Sacramento, CA 95814–2922

NEW HAMPSHIRE

New England Division Engineer,

ATTN: CENED–OD–R, 424 Trapelo

Road, Waltham, MA 02254–9149

NEW JERSEY

Philadelphia District Engineer, ATTN:

CENAP–OP–R, Wanamaker

Building, 100 Penn Square East,

Philadelphia, PA 19106–2991

NEW MEXICO

Albuquerque District Engineer,

ATTN: CESWA–CO–R, P.O. Box

1580, Albuquerque, NM 87103–

1580

NEW YORK

New York District Engineer, ATTN:

CENAN–OP–R, Jacob K. Javits

Federal Building, New York, NY

10278–0090

NORTH CAROLINA

Wilmington District Engineer, ATTN:

CESAW–CO–E, P.O. Box 1890,

Wilmington, NC 28402–1890

NORTH DAKOTA

Omaha District Engineer, ATTN:

CEMRO–OP–R, 215 North 17th

Street, Omaha, NE 68102–4978

OHIO

Huntington District Engineer, ATTN:

CEORH–OR–F, 502 8th Street,

Huntington, WV 25701–2070

OKLAHOMA

Tulsa District Engineer, ATTN:

CESWT–OD–RF, 1645 South 101

East Avenue, Tulsa, OK 74128–

4629

OREGON

Portland District Engineer, ATTN:

CENPP–PL–R, P.O. Box 2946,

Portland, OR 97208–2946

PENNSYLVANIA

Baltimore District Engineer, ATTN:

CENAB–OP–R, P.O. Box 1715,

Baltimore, MD 21203–1715

RHODE ISLAND

New England Division Engineer,

ATTN: CENED–OD–R, 424 Trapelo

Road, Waltham, MA 02254–9149

SOUTH CAROLINA

Charleston District Engineer, ATTN:

CESAC–CO–P, P.O. Box 919,

Charleston, SC 29402–0919

SOUTH DAKOTA

Omaha District Engineer, ATTN:

CEMRO–OP–R, 215 North 17th

Street, Omaha, NE 68102–4978

TENNESSEE

Nashville District Engineer, ATTN:

CEORN–OR–F, P.O. Box 1070,

Nashville, TN 37202–1070

TEXAS

Ft. Worth District Engineer, ATTN:

CESWF–OD–O, P.O. Box 17300, Ft.

Worth, TX 76102–0300

UTAH

Sacramento District Engineer, ATTN:

CESPK–CO–O, 1325 J Street, CA

95814–4794

VERMONT

New England Division Engineer,

ATTN: CENED–OD–R, 424 Trapelo
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Notices 15443

Road, Waltham, MA 02254–9149

VIRGINIA

Norfolk District Engineer, ATTN:

CENAO–OP–P, 803 Front Street,

Norfolk, VA 23510–1096

WASHINGTON

Seattle District Engineer, ATTN:

CENPS–OP–RG, P.O. Box 3755,

Seattle, WA 98124–2255

WEST VIRGINIA

Huntington District Engineer, ATTN:

CEORH–OR–F, 502 8th Street,

Huntington, WV 25701–2070

WISCONSIN

St. Paul District Engineer, ATTN:

CENCS–CO–R, 190 Fifth Street,

East, St. Paul, MN 55101–1638

WYOMING

Omaha District Engineer, ATTN:

CEMRO–OP–R, 215 North 17th

Street, NE 68102–4978

DISTRICT OF COLUMBIA

Baltimore District Engineer, ATTN:

CENAB–OP–R, P.O. Box 1715,

Baltimore, MD 21203–1715

PACIFIC TERRITORIES

Honolulu District Engineer, ATTN:

CEPOD–CO–O, Building 230, Fort

Shafter, Honolulu, HI 96858–5440

PUERTO RICO AND VIRGIN ISLANDS

Jacksonville District Engineer, ATTN:

CESAJ–RD, P.O. Box 4970,

Jacksonville, FL 32232–0019

State Certification of Nationwide

Permits

Section 401 of the Clean Water Act:

This Federal Register notice of this

NWP serves as the Corps application to

the states or EPA, where appropriate, for

401 water quality certification of the

activities authorized by this NWP. The

states and EPA, where appropriate, are

requested to issue, deny, or waive

certification pursuant to 33 CFR 330.4(c)

for this NWP.

Section 307 of the Coastal Zone

Management Act: This Federal Register

notice serves as the Corps determination

that the activities authorized by this

NWP are consistent with States’ coastal

zone management programs, where

applicable. This determination is

contingent upon the addition of State

CZM conditions and/or regional

conditions or the issuance by the state

of an individual consistency

concurrence, where necessary. The

states are requested to agree or disagree

with this consistency determination

pursuant to 33 CFR 330.4(d) for this

NWP.

Environmental Documentation

We have made a preliminary

determination that this action does not

constitute a major Federal action

significantly affecting the quality of the

human environment. Preliminary

environmental documentation has been

prepared for the proposed nationwide

permit. This documentation includes a

preliminary environmental assessment

and a preliminary Section 404(b)(1)

Guidelines compliance review. Copies

of these documents are available for

inspection at the office of the Chief of

Engineers and at each Corps District

office. Based on these documents the

Corps has provisionally determined that

the proposed NWP complies with the

requirements for issuance under general

permit authority.

Dated: March 15, 1995.

Stanley G. Genega,

Major General, USA, Director of Civil Works.

[FR Doc. 95–7206 Filed 3–21–95; 9:25 am]

BILLING CODE 3710–92–M