AGA Asks U.S. Army Corps to Address Deficiencies in Consultation Processes and Protect Nationwide Permits

Policy April 20, 2015

On March 30, 2015, the AGA joined a coalition letter filed with the Assistant Secretary of the Army, Civil Works (Corps), asking the Corps to address several deficiencies in the National Marine Fisheries Service (NMFS) Biological Opinion (BO) on the Corps’ Nationwide Permit Program (NWP Program). The letter specifically asks for an opportunity for public comment on any implementation guidance to the Corps Districts, clarification of circumstances in which a pre-construction notification (PCN) would be required for NWPs 12, 13, 14, and 36 (which are the permits implicated by the BO), new exemptions for de minimis impervious surface additions from any new PCNs created under the BO’s implementation, and an adequate opportunity for public comment on any Corps rulemaking to make changes to the NWPs. The letter also asks that the Corps protect important public and commercial activities that use the NWPs, by taking a judicious approach to incorporating the BO into the 2017 NWPs. Finally, although the scope of the BO is applicable only to those species over which the NMFS has jurisdiction, it creates poor precedent for all NWP consultations with the Services.

AGA Letter to Army Corps on Protecting Nationwide Permits and Addressing Consultation Deficiencies, 2015588.02 KB