Effective date: May 17, 2023
Expiration date: May 17, 2028
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.
Applicants should send notification to the Corps as early as possible and shall not begin the activity until the Corps provides written authorization that the activity may proceed under this RGP with any site-specific special conditions imposed by the Corps. The Corps recognizes there may be situations where imminent threats to life or property may occur, and the applicant has not received authorization to proceed from the Corps. It is not the intention of this permit to require threats to life or property to remain unaddressed. If an applicant chooses to proceed without prior authorization from the Corps, the applicant must ensure that notice of such a unilateral decision to proceed is made to this office by telephone or e-mail within 24 hours, and those messages should include the information identified in items 1 and 2 within the permit linked above. Formal written notification requesting after-the-fact authorization must be sent to this office within 7 working days. Electronic notification by email is preferred. Notification should be provided to the NM/TX Branch Chief at:
Mail: U.S. Army Corps of Engineers Albuquerque District Regulatory Division
4101 Jefferson Plaza NE
Albuquerque, NM 87109
Phone: (505) 342-3280
For more information regarding emergency permitting please visit our Emergency Permitting Procedures page. also, Emergencies in response to a wildfire please visit our Emergency Permitting in Response to Wildfire webpage.
Note: Activities verified by the Corps under this permit must be completed within 45 days from the date of permit verification, unless otherwise specified in the verification letter. Additionally, This permit is available in parts of West Texas and the entire Navajo Nation within New Mexico, Arizona, and Utah.
Tribes that have been granted a Water Quality Certification (WQC):
Tribes with certification authority that waived WQCs:
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.
Effective date: September 6, 2019
Expiration date: September 6, 2024
PERMITTEE: Public agencies, businesses, or private parties (i.e., the public in general)
PROJECT DESCRIPTION: This permit authorizes discharges of dredged or fill material into waters of the United States for stream stabilization projects for the purpose of water quality improvements in ephemeral drainages located in urban environments within the State of New Mexico. Examples of work that may be undertaken under this permit, upon authorization by the District Engineer (DE), include but are not limited to:
- Bank stabilization projects that exceed the thresholds for Nationwide Permit (NWP) 13 and are determined by the Corps to result in minimal impacts to the aquatic environment. These must have a water quality component through reduction of erosion (which should be stated in the application purpose and need from any proposed project).
- Construction of grade control structures, energy dissipaters, and flow deflection structures.
- Installation of water quality improvement features (e.g. debris containment or removal structures, sediment settling basins).
- Any combination of these types of activities if the proposed undertaking will result in minimal impacts to the aquatic environment.
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.