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SPECIAL PUBLIC NOTICE - Processing of Permits and Jurisdictional Determination Requests during Government Shut-Down

Posted: 10/15/2013

Expiration date:


All Corps of Engineers Albuquerque District Regulatory offices will be closed, beginning 15 October, due to the lapse in government funding. During this time, we are unable to evaluate individual permit applications, pre-construction notifications (PCNs) for nationwide permit (NWP) or regional general permit authorizations, or requests for jurisdictional determinations. Work on these actions will proceed when the government reopens. Potential applicants for NWP authorization are reminded that proposed NWP activities that require PCNs are not authorized until 45 days has passed since a complete PCN was received by the Corps district office (see 33 CFR 330.1(e)).

Current NWPs were published in the February 21, 2012, edition of the Federal Register (77 FR 10184). Corps divisions added regional conditions to the 2012 NWPs after they were published in the Federal Register. To qualify for NWP authorization, a prospective permittee must comply with the NWP general conditions, as applicable, as well as any applicable regional conditions imposed by the Corps. Summaries of the NWP authorizations and regional conditions are available on our website at http://www.spa.usace.army.mil/reg/nwp.

Potential applicants for NWP authorization are advised that NWP PCNs that require a written response from the Corps of Engineers prior to commencing the NWP activity will not be processed until after the government reopens. This includes activities that might affect listed species or designated critical habitat under the Endangered Species Act (see NWP General Condition 18), NWP activities that have the potential to cause effects to historic properties (see NWP General Condition 20), and activities authorized by NWPs 21, 49, and 50), as well as any activities that require written verification from the Corps based on regional conditions.

Potential applicants for NWP authorization are further advised to obtain any other required authorizations (e.g., Clean Water Act Section 401 water quality certification or waiver if the proposed activity involves a discharge into waters of the United States) prior to initiating regulated activities in waters of the United States.

If you have an emergency that requires action in potential jurisdictional Waters of the United States in order to ensure protection of public health or safety, please call (505) 342-3686.