Re-issuance and extension of Delaware SPGP-20 for the construction of certain structures in navigable waters in Delaware.
Nationwide Permits authorize a category of activities throughout the entire nation, and are valid only if the national and regional conditions applicable to the permits are met. If not, then a regional, general or individual permit will be required.
Because State Programmatic General Permits are designed to continue to authorize certain activities previously covered by the Nationwide Permit (NWP) program, the Corps of Engineers has suspended many of the NWPs which are applicable to activities qualifying for SPGP authorization. The Corps' Regulatory process is streamlined and eliminates redundancy through joint administration and integration with state processes.
If a SPGP becomes void, enjoined, revoked, or removed from effect for any reason, the Corps will consider reissuance of some or all of the suspended NWPs.
State Programmatic General Permits (SPGPs) are issued by the District
Engineer for a general category of activities when the following conditions
are met:
Nationwide
Permits authorize a category of activities throughout the
entire nation, and are valid only if the national and regional conditions
applicable to the permits are met. If not, then a regional, general
or individual permit will be required. Because the Maryland State Programmatic
General Permit-3 (MDSPGP-3) and Pennsylvania State Programmatic General
Permit-3 (PASPGP-3) are designed to continue to authorize certain activities
previously covered by the Nationwide Permit (NWP) program and institute
a streamlined Corps regulatory process that has been integrated with
state processes, the Corps of Engineers has suspended many of the NWPs
which are applicable to activities qualifying for MDSPGP-3 or PASPGP-3
authorization. Suspension of various NWPs will avoid confusion over
SPGP use and eliminate redundancy since State and Federal regulatory
programs are administered jointly in these states. If the SPGPs become
void, enjoined, revoked, or removed from effect for any reason, the
Corps will consider reissuance of some or all of the suspended NWPs.
Baltimore District Special
Public Notice #07-37 announcing the Final Regional Conditions and Suspension
for the 2007 Nationwide Permits
Baltimore District
NWP Regional Conditions
Section 401 Water Quality
Certification and Coastal Zone Management Act consistency determinations
by the State of Maryland, the Commonwealth of Pennsylvania, and the
District of Columbia
Individual Permits are issued
after a full public interest review of an individual application for
Department of Army permits. A copy of the permit application, ENG Form
4345 can be found here. Processing time usually takes between 60 and
120 days unless a public hearing is required or an environmental statement
must be prepared.
Commonwealth of Pennsylvania
On July 1, 2001 the District Engineers for Baltimore, Philadelphia
and Pittsburgh Districts issued the Pennsylvania State Programmatic
General Permit (PASPGP-2) for a five year period. The PASPGP-2 expired
on June 30, 2006.
The PASPGP-3 was implemented and
in full effect within the Commonwealth of Pennsylvania on July 1, 2006.
It is administered by the Corps and the Pennsylvania Department of Environmental
Protection. The PASPGP-3 will expire on June 30, 2011.
Pennsylvania Department of Environmental Protection
Bureau
of Dams, Waterways and Wetlands
Rachel Carson State Office Building
Market Street
Harrisburg, Pennsylvania 17105
(717) 787-6827
Applications for work in waterways or wetlands within the Commonwealth
of Pennsylvania should be sent to the PA Department of Environmental
Protection (PADEP).
Upon receipt of an application, PADEP reviews the application to determine
what State approvals are necessary and what category of activity the
project may be authorized under the Corps’ PASPGP-3 and then initiates
the State Process and forwards the application to the appropriate Corps
office for review if the project does not meet any Category– I
approvals under the SPGP.
(Note: Category- I approvals are for very minor non-controversial actions
and PADEP forwards Corps authorization with the DEP permit to the applicant,
upon satisfactory completion of the PADEP evaluation and sends the Corps
a copy.
Upon receipt of a completed application from PADEP; the Corps initiates
its evaluation and if the Corps review results in a finding of minimal
impacts PADEP is informed that the PASPGP-3 authorization may be granted
with or without additional special conditions to safeguard the public
interest. When the Corps received an application from PADEP for activities
which do not quality for authorization under the PASPGP-3, the Individual
Permits review process is initiated as noted in the flow chart above.
Deed Restriction
Proposed activities/projects for construction or expansion of residential,
commercial, or institutional subdivisions or developments that include
greater than 0.25 acre of wetlands, in addition to the total wetland
area directly impacted by the proposed project, located within the property
boundary are potentially eligible for authorization under PASPGP-3 Category
I or II Activities (no U.S. Army Corps of Engineers (Corps) review required),
provided the submitted application includes a proposed deed restriction
or conservation easement which protects such wetlands from activities
such as filling, draining, mowing, placement of structures, cutting
of vegetation, clearing, or plowing of natural vegetation. Additional
information concerning this activity can be obtained by contacting the
Corps or the Pennsylvania Department of Environmental Protection (PADEP).
Instructions for Model
Conservation Instruments for the Pennsylvania State Programmatic General
Permit-3 (PASPGP-3)
Model
Conservation Easement for the Pennsylvania State Programmatic General
Permit-3 (PASPGP-3)
Model
Deed Restriction for the Pennsylvania State Programmatic General Permit-3
(PASPGP-3)
State of Maryland
On October 1, 2001, the District Engineer for Baltimore District issued
the Maryland State Programmatic General Permit (MDSPGP-2) for activities
in wetlands and waters within the State of Maryland. The MDSPGP-2 expired
on September 30, 2006.
Maryland Department of the Environment
Regulatory Services Coordination Office
410-537-3762
1-800-876-0200
1800 Washington Boulevard
Suite 430
Baltimore, Maryland 21230-1708
On May 12 2006, the District Engineer issued a Special Public Notice (SPN
06-47), dated August 31, 2006 announcing the reissuance, with modifications
of the MDSPGP-2, as the MDSPGP-3. It is administered by the Corps and
Maryland Department of the Environment (MDE). The MDSPGP-3
was implemented and in full effect within the State of Maryland
on October 1, 2006 and will expire on September 31, 2011.
Upon receipt of a complete application, MDE assigns the application
a State and Corps tracking number, acknowledges receipt of the application,
and reviews the proposed work to determine if the work is authorized
under a category of activities in the MDSPGP-3. For minor, non-controversial
work that meets the impact limits and activity-specific conditions for
any of the Category I activities, MDE includes a copy of the Corps'
MDSPGP-3 authorization with the State authorization. For activities
or work that does not qualify for Category I authorization, MDE forwards
the application to the Corps for concurrent review.
The Corps initially reviews the project to determine if it can still
be authorized under the MDSPGP-3 under another category. If so, the
Corps completes their review of the project and notifies MDE that Corps
authorization can be granted under the MDSPGP-3 with any necessary special
conditions.
If during its initial review, the Corps concludes that the project
will have more than minimal environmental impacts, it does not qualify
for MDSPGP-3 authorization and must undergo the Corps' Individual Permit
(IP) review. The Corps will initiate the process in the IP flowchart
above.
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