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A Nationwide permit is a general permit that authorizes a category of activities that the Corps judges to be similar in nature and that have a minimal individual and cumulative impact on the environment. However, wetlands conservationists seriously question that the NWPs meet those Clean Water Act requirements. The new NWPs further weaken wetlands protections by removing improvements added to the NWP program in March 2000. In 2000, the Clinton Administration finalized replacements and revisions of several of the NWPs, scaling back the types of activities allowed. The changes culminated a lengthy process to eliminate NWP 26, which the Corps finally acknowledged was allowing significant environmental damage and exceeding Clean Water Act requirements for general permits. Now, two years after the program was reined in, the Corps has reversed or weakened many of those reforms. In commenting on the Corp's recently proposed changes to the program, the EPA advised the Corps that the changes would weaken environmental protection, and should not be adopted at least until the finalized PEIS provided justification for doing so. Unless successfully challenged, or restricted by Corps Districts or individual states concerned about regional impacts, the new, weakened rules will be in effect for the next five years and will likely lead to significant, unjustifiable losses of wetlands and stream resources and the ecological services they provide. In finalizing the permits, the Corps ignored most of the objections voiced by the EPA, the nations top aquatic biologists, and the environmental community. Objections to the New NWPs As has been widely reported, the comments of the U.S. Fish and Wildlife Service, which opposed numerous aspects of the Corps' proposed NWPs as likely to cause excessive environmental damage, were blocked from submission by Interior Secretary Gail Norton. The Corps received approximately 2,000 public comments opposing aspects of the proposal. The Sierra Club, along with other major environmental organizations, objected strongly to many features of the NWP proposal. The key objections were:
Flawed National Permitting System Leads To Loss of Wetlands The Corps recently issued new Nationwide Permits (NWP), reversing several improvements made to the NWP program that were adopted in March 2000. Read more about it. Other Major Problems Filling on intermittent streams: Of these most serious concerns, the Corps only responded to the objections over the proposed waiver of stream impact limits. The final NWPs continue to limit impacts to perennial streams to 300 linear feet where applicable, but they allow the 300 linear foot limit to be waived for intermittent streams. Where the waiver is granted, filling of intermittent streams will be limited only by the 1/2 acre threshold that applies to most of the NWPs. Sprawl development projects: The Corps has weakened the requirements under NWP 39 for filling wetlands and streams to build residential subdivisions, shopping malls and institutional structures. The waiver from the limit on intermittent stream impacts and the relaxed mitigation requirements will likely encourage wetland and stream destruction under NWP 39. The Corps has also modified the rules for subdivisions: only residential subdivisions must limit overall impacts to 1/2 acre; other types of subdivisions, for shopping centers and office parks, can make repeated use of NWP 39, and its1/2- acre cap, for multiple elements of the project. Transportation projects: Road building and other transportation facility construction is a significant cause of wetland and stream destruction. Road and bridge crossings can result in significant disruption of stream hydraulics, causing sedimentation, aggravated flood conditions and degraded water quality. The Corps has removed the 200 linear foot limit on impacts to streams from road crossings and other transportation projects, despite EPA's warning that, "based on field experience, projects impacting over 200 linear feet often have a significant impact on water circulation patterns, alter hydrology, and impact aquatic life to a greater than minimal effect." The requirement for applicants to show that their projects meet FEMA floodplain requirements has also been eliminated. Together these changes encourage more stream and wetlands destruction for transportation purposes, and will make it possible for more projects to receive cursory review. Wetlands and stream destruction on agricultural lands: NWP 40 allows the filling of wetlands and streams for agricultural purposes, both to increase productivity and to construct farm buildings. This permit is easily abused as the back door means to convert wetlands and relocate streams for development purposes. The easing of mitigation requirements and waiver on stream impacts can only add to the unnecessary damage promoted by this NWP. Stormwater detention basins: NWP 43 allows construction of stormwater management facilities in wetlands and streams. The Corps has weakened the restrictions governing use of this NWP by removing the linear stream impact limit, allowing the permit to be constructed in the active channels of headwater streams, and removing the requirement for documenting that FEMA regulations are met. Stream destruction: Beyond the egregious allowance for continued stream destruction under the mountaintop removal mining permit, NWP 21,the new NWPs continue to allow harmful in-stream mining, and include changes to other permits allowing additional damage to natural stream systems. Photo courtesy US Fish & Wildlife Service, Steve Farrell. Up to Top |
On January 15, 2002, the U.S. Army Corps of Engineers issued new Nationwide Permits (NWP). The NWP program is harmful to wetlands because it provides expedited permitting, without full environmental review or public notice, for activities that damage and destroy wetlands and streams, such as roadbuilding, sprawl development projects and mountaintop removal mining.