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Monday, April 25, 2022 4:48:38 PM
The prior authorization was received June 21, 2019 and authorized Delfin’s wetland and waterbody construction activities subject to compliance with Corps Nationwide Permit Nos. 8 and 12. Nos 8 pertains to the water component. Below is in reference to Nos. 12
On March 28, 2022, the U.S. Army Corps of Engineers (“Corps”) published notice (“Notice”) that it is undertaking a formal review of Nationwide Permit (“NWP”) 12, one of over 50 general permits available nationwide that allow for streamlined approval of certain categories of activities that may affect federally jurisdictional waters and wetlands when the effects are no more than minimal. NWP 12, which authorizes oil and natural gas pipeline activities, has been a key component in allowing midstream companies and others to construct or repair pipelines in certain circumstances without having to go through the much more time-consuming and costly process of applying for an individual Clean Water Act Section 404 permit or a Rivers and Harbors Act Section 10 permit.
The Notice solicits input from stakeholders to inform the Corps’ decision-making regarding NWP 12, and it poses nine questions. Although some of these questions are within the scope of what the Corps normally considers when reviewing and reissuing NWPs, some go beyond that scope and may foreshadow significant changes in NWP 12, and possibly even its ultimate revocation. Indeed, since the Corps issued NWP 12 for five years only one year ago,1 the fact that the Biden administration has elected to undertake this review four years before the current NWP 12 expires is unusual and likely indicative that the government is considering significant changes. Those interested in providing feedback to the Corps have until May 27, 2022 to submit comments.
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