Effective Date: November 29, 2021
Expiration Date: November 29, 2026
AREA OF COVERAGE: Within the District’s Area of Responsibility for New Mexico and West Texas
SCOPE OF AUTHORIZED ACTIVITIES: Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1⁄2-acre of waters of the United States for each single and complete project.
Utility lines: This RGP authorizes the construction, maintenance, or repair of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for the utility lines, in all waters of the United States, including projects where there is a change in pre-construction contours. a definition of "utility line" can be found within the permit linked in the heading.
Utility line substations: This RGP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1⁄2-acre of waters of the United States. This RGP does not authorize discharges into non-tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities.
Foundations for overhead utility line towers, poles, and anchors: This RGP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible.
Access roads: This RGP authorizes the construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in nontidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1⁄2-acre of non-tidal waters of the United States. This RGP does not authorize discharges into non-tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary. Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to preconstruction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills.
This RGP also authorizes temporary structures, fills, and work necessary to conduct the utility line activity.
This RGP does not authorize work in advance of permit verification by the Corps.
NOTE: Activities verified by the Corps under this permit are valid until the date this RGP expires. In the event that this RGP expires when the project is under construction or under contract to begin construction, the applicant will have one year to complete the work after the permit expiration date.
Water Quality Certification for Permittees on Non-tribal Land in New Mexico:
State Water Quality Certification (WQC) is required by CWA §401 to ensure that the permit is consistent with state law and complies with the state Water Quality Standards (20.6.4 NMAC), the Water Quality Management Plan/Continuing Planning Process, including Total Maximum Daily Loads (TMDLs), and the Antidegradation Policy. Pursuant to 20.6.2.2002 NMAC, the New Mexico Environment Department (NMED) issued conditional certification for the RGP dated February 11, 2021.
Water Quality Certification for Permittees on Non-tribal Land in West Texas:
State Water Quality Certification has been issued by the Texas Commission of Environmental Quality (TCEQ) in pursuant to the requirements of Title 30, Texas Administrative Code, Chapter 279, is restricted to the work described in the revised RGP 1601 received September 8, 2021. This certification may be extended to any minor revision of the COE permit when such change(s) would not result in an impact on water quality. The Texas Commission on Environmental Quality (TCEQ) reserves the right to require full joint public notice on a request for minor revision. If this application is a modification of an original permit or any modification thereof for which a special condition was cited by the Commission or a predecessor agency, such conditions shall remain valid. The applicant is hereby placed on notice that any activity conducted pursuant to the COE permit which results in a violation of the state's surface water quality standards may result in an enforcement proceeding being initiated by the TCEQ or a successor agency. Provisions within the certification shall be attached to any permit issued by the COE and shall be followed by the permittee or any employee, agent, contractor, or subcontractor of the permittee during any phase of work authorized by a COE permit.
Water Quality Certification for Permittees on Tribal Lands:
Water quality certification for projects on tribal lands must be obtained from the tribal water quality program for tribes that have water quality certification authority (as of the date of this notice ) - Pueblo of Sandia, Pueblo of Isleta, Pueblo of Nambé, Pueblo of Acoma, Picuris Pueblo, Pueblo of Pojoaque, Santa Clara Pueblo, Taos Pueblo, Ohkay Owinghey, Pueblo of Tesuque, Navajo Nation and Ute Mountain Ute Tribe). Contact information as of the date of this notice can be found within the permit linked in the heading above.
For projects on tribal lands where the tribe does not have water quality certification authority, certification must be obtained from the appropriate Regional Office of the Environmental Protection Agency. Region Specific EPA contact information as of the date of this notice can be found within the permit linked in the heading above.
RGP 17-01 For Emergency Repair and Protection Activities
Effective Date: May 17, 2023
Expiration Date: May 17, 2028
In accordance with Section 404 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. 403), the U.S. Army Corps of Engineers (Corps) hereby authorizes certain limited discharges of dredged and fill material into waters of the United States, including navigable waters, associated with emergency situations subject to regulatory review by the Albuquerque District, Regulatory Division, within New Mexico, West Texas, and the Navajo Nation.
LOCATION: This RGP is applicable to all waters of the United States, including navigable waters, subject to regulatory review by the Albuquerque District, Regulatory Division, within New Mexico, West Texas, and the Navajo Nation.
Note: The term "this office" refers to the Albuquerque District office of the Corps of Engineers, which has jurisdiction over the permitted activity, or the appropriate official of this office acting under the authority of the commanding officer.
Scope of Authorized Activities: Work authorized by this RGP is limited to discharges of dredged or fill material into waters of the United States, including wetlands, and/or work in or affecting navigable waters of the United States, associated with an emergency situation. An “emergency situation” is present where there is a clear, sudden, unexpected, and imminent threat to life or property demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property or essential public services (i.e., a situation that could potentially result in an unacceptable hazard to life, a significant loss of property, or damage to essential public services if corrective action requiring a permit is not undertaken immediately).
Activities authorized by this RGP are limited to discharges of dredged or fill material that are the minimum necessary to alleviate the emergency situation and that would not result in more than minimal individual and cumulative adverse effects. Activities that would result in the loss of greater than 1/2-acre of waters of the United States cannot be authorized by this RGP.
This RGP does not authorize long-planned-for projects, nor does it authorize projects that are likely to have been known to the applicant, but for which an application was not submitted in a timely manner. That is, the applicant's failure to act in a timely manner prior to the emergency event will not obligate the Corps or other agencies to authorize work under this RGP.
Note: The limited scope of this permit is necessary to ensure that the expedited agency coordination procedures in General Condition 4 are only employed to address true emergencies that could not have been planned for and mitigated in advance. Projects or impacts known in advance to the applicant require full agency coordination and Corps review as required by 33 CFR 320-332.
Activities Covered by this RGP: Permanent or temporary work or structures in navigable waters of the U.S., and/or the permanent or temporary discharge of dredged and/or fill material into waters of the U.S., including wetlands, for repair or protection activities for which this office has determined that an emergency situation exists as defined by this RGP. Typical activities authorized under this RGP include, but are not limited to:
- Bank stabilization (not to exceed 500-linear feet, unless this limit is waived by the Corps in writing);
- Restoration of damaged areas;
- Temporary fills for staging, access, and dewatering;
- Repair, replacement, or rehabilitation of existing structures and/or fills (e.g. roads, bridges, utility pipelines and flood control structures, including attendant features, irrigation pumps or intakes, and other existing structures located in waters of the U.S.);
- Construction or repair of fire/fuel breaks, debris and sediment containment structures, including erosion control basins (erosion control basins cannot be located within a perennial or intermittent stream);
- Removal of accumulated debris and/or sediment (limited to restoring flow conveyance/channel geometry to pre-event dimensions); and
- Other activities associated to emergency repair or protection to prevent or mitigate loss of, or damage to, life, health, property or essential public services.
This RGP may NOT be used to upgrade an existing structure to current standards when that activity would result in additional adverse effects on aquatic resources, except in very limited circumstances. Such upgrade projects shall be considered separate activities for which other forms of authorization will be required.
Projects that are beyond the scope and timing of this emergency permit should be authorized using the appropriate general or individual permit. Impacts to waters of the U.S., including wetlands, shall be avoided or minimized through the use of practicable alternatives.
Compensatory mitigation for unavoidable adverse impacts to waters of the U.S. may be required.
Water Quality Certification:
For Permittees on Non-tribal Land in New Mexico:
The New Mexico Environment Department has issued conditional Water Quality Certification (WQC) for this RGP (Attached).
For Permittees on Non-tribal Land in Texas:
The Railroad Commission of Texas has issued conditional Water Quality Certification (WQC) for this RGP (Attached).
WQC was requested from the Texas Commission on Environmental Quality (TCEQ). No response was received from the TCEQ. Therefore, within lands where the TCEQ is the certifying authority, WQC requirements associated to this RGP have been waived per 40 CFR 121.9 (c).
For Permittees on Tribal Lands:
WQC was requested from the Native American tribes within the Albuquerque District, New Mexico/West Texas Branch area of responsibility that have been granted certifying authority by the EPA. For tribes that did not provide a response to our WQC request, WQC requirements associated to this RGP within the jurisdictional boundaries of those tribes have been waived per 40 CFR 121.9 (c).
Please refer to the permit linked at the top of this page for complete details about this RGP.