The NWP 48 authorizes the installation of buoys, floats, racks, trays, nets, lines, tubes, containers, and other structures into navigable waters of the United States, as well as discharges of dredged or fill material into waters of the United States (seeding, rearing, cultivating, transplanting and harvesting activities), associated with new and continuing commercial shellfish aquaculture operations in authorized project areas. The project area is identified through a lease or permit issued by an appropriate state or local government agency, a treaty, or any easement, lease, deed, contract, or other legally binding agreement that establishes an enforceable property interest for the operator.
USACE Philadelphia District developed Regional Conditions in the states of New Jersey and Delaware for the NWP 48 to ensure proposed commercial shellfish activities have minimal impacts on navigation and endangered species, as well as any other relevant public interest factors. The application provides information for the District’s review, as well as to satisfy notification requirements in order for the application to be considered complete. If Regional Conditions requirements are not met, the application is incomplete and cannot be processed or considered further for Philadelphia District review. Requirements may include a description of structural spacing; the number and spacing of cages/floats/gear as well as the number of vertical and horizontal lines, buoys and markers; and may also include notifications to adjacent property owners, as well as including information identifying how adverse impacts to navigation, or ingress and egress to neighboring properties, was considered avoided by the proposed plans and layout.
The process requires submission of an application in order to receive a permit from the Corps. The applicant is required to have a valid NJDEP lease before the federal authorization can be processed. Both Corps authorization and a state lease are required before the proposed work and activities may be legally performed. Applications to the Corps should be submitted to PhiladelphiaDistrictRegulatory@usace.army.mil.
For application submittal to the NJDEP please refer to the following link, https://dep.nj.gov/aquaculture/. For application submittal to DNREC please refer to the following link, https://dnrec.alpha.delaware.gov/fish-wildlife/fishing/shellfish-aquaculture/
2021 NWP 48 Permit Information
- For Projects in New Jersey
- For Projects in Delaware