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  State of Nevada 401 Water Quality Certification Status For Current Nationwide Permits

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On February 21, 2012 the U.S. Army Corps of Engineers (Corps) published the Final Notice to reissue 48 of the 49 existing Nationwide Permits (NWPs) in the Federal Register (Volume 77, Number 34, 10184 -10290). The Corps will issue two new NWPs (51 and 52), three new general conditions and three new definitions. Draft Regional Conditions for Nevada were proposed for comment in November 2011 and found to be acceptable controls to help protect Waters of the State.

In Nevada, the Division of Environmental Protection, Bureau of Water Quality Planning (BWQP) is responsible for issuing or denying 401 Water Quality Certification (WQC) for the NWPs.

In deciding to issue a WQC, there needs to be reasonable assurance that the proposed discharge will comply with all applicable State and Federal laws, policies and regulations governing the protection of the beneficial uses of the State’s Waters. In determining WQC the State must make the determination that the NWPs will adequately protect the Waters of the State for those activities with only minimal adverse effects on the aquatic environment.

Based on the review of the available information on the potential impacts of discharges authorized by the Corps, the NWPs are certified as follows:

For the NWPs listed below in Group A, water quality certification is not required.

GROUP A    Nationwide Permits for which 401 Certification is Waived

No.

Description

Special Conditions

8

Oil and Gas Structures on the Outer Continental Shelf

None

21

Surface Coal Mining Operations

None

24

Indian Tribe or State Administered Section 404 Programs

None

34

Cranberry Production Activities

None

48

Existing Commercial Shellfish Aquaculture Activities

None

49

Coal Re-mining Activities

None

50

Underground Coal Mining Activities

None

For the NWPs listed below in Group B, the activity is certified for water quality. However, notification must still be provided to NDEP by filling out and submitting a 401 application to BWQP. To avoid project delays, an application should be submitted as early as possible prior to the start of the project. If the applicant is not contacted via email by BWQP within 30 days of the date the application is received, the applicant may assume that the project meets the conditions of certification and may proceed with the project. This time frame is consistent with 33 CFR 330.1(e) (1). An email will be sent to the project proponents acknowledging that the activity meets the condition for certification. No formal certification letter will be issued.

GROUP B Nationwide Permits for which Water Quality is Certified

No.

Description

Special Conditions

1

Aids to Navigation

Notification Required

4

Fish & Wildlife Harvesting, Enhancement, Attraction Devices & Activities

Notification Required

5

Scientific Measurement Devices

Notification Required

6

Survey Activities

Notification Required

9

Structures in Fleeting and Anchorage Areas

Notification Required

10

Mooring Buoys

Notification Required

11

Temporary Recreational Structures

Notification Required

20

Response Operations for Oil and Hazardous Substances

Notification Required

22

Removal of Vessels

Notification Required

28

Modifications of Existing Marinas

Notification Required

30

Moist Soil Management for Wildlife

Notification Required

32

Completed Enforcement Actions

Notification Required

38

Cleanup of Hazardous and Toxic Waste

Notification Required

For the NWPs listed below in Group C, blanket Certification has been denied and each 401 project must be evaluated individually.

GROUP C Nationwide Permits for which 401 Certification is Denied Without Prejudice

No.

Description

Special Conditions

2

Structures in Artificial Canals

None

3

Maintenance

None

7

Outfall Structures and Associated Intake Structures

None

12

Utility Line Activities

None

13

Bank Stabilization

None

14

Linear Transportation Projects

None

15

U.S. Coast Guard Approved Bridges

None

16

Return Water From Upland Contained Disposal Areas

None

17

Hydropower Projects

None

18

Minor Discharges

None

19

Minor Dredging

None

23

Approved Categorical Exclusions

None

25

Structural Discharges

None

27

Aquatic Habitat Restoration, Establishment, and Enhancement Activities

None

29

Residential Developments

None

31

Maintenance of Existing Flood Control Facilities

None

33

Temporary Construction, Access, and Dewatering

None

35

Maintenance Dredging of Existing Basins

None

36

Boat Ramps

None

37

Emergency Watershed Protection and Rehabilitation

None

39

Commercial and Institutional Developments

None

40

Agricultural Activities

None

41

Reshaping Existing Drainage Ditches

None

42

Recreational Facilities

None

43

Stormwater Management Facilities

None

44

Mining Activities

None

45

Repair of Uplands Damaged by Discrete Events

None

46

Discharges in Ditches

None

51

Land Based Renewable Energy Generation Facilities

None

52

Water Based Renewable Energy Generation Pilot Projects

None

A signed 401 application for the above activities is required and must be submitted to NDEP-BWQP as soon as possible prior to the start of the project. Project site photos and a map clearly delineating the project location and waterbodies affected must also be provided. A formal letter or email will be issued either certifying the project, waiving the 401 or denying the certification. If circumstances (e.g. incomplete application and obtaining additional information) require a period of time longer than 60 days for review, NDEP will contact the project proponents to discuss a new time frame. This is consistent with 33 CFR 330.4 (c) (6). Applications are available online at http://ndep.nv.gov/bwqp/401cert.htm.

All 401 Water Quality Certifications will be valid for the time period of the 404 permit issued by the Corps for each project. If you have any questions about the certification of these Nationwide Permits, please contact Jean Stone at (775) 687-9456 or via email at

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