Regulatory Branch

MO 2021 NWP

Published March 4, 2021

The 12 existing NWPs published in the January 13, 2021 final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52 expire on March 14, 2021. According to 33 CFR § 330.6(b), activities which have commenced (i.e, are under construction) or are under contract to commence in reliance upon an NWP that was verified under the 2017 NWP, will remain authorized provided the activity is completed within twelve months of the date of an NWP's expiration, modification, or revocation.

With the publication of these NWPs in the Federal Register, the Mississippi Valley Division has finalized regional conditions for these 16 NWPs in Missouri. Regional conditions provide additional protection for the aquatic environment and help ensure that the NWPs authorize only those activities with no more than minimal adverse environmental effects. Regional conditions help ensure protection of high value waters within the St. Louis District. The Regional Conditions are listed below.

The Section 401 Water Quality Certifications (WQC) have been issued for Section 404 NWP activities by the Missouri Department of Natural Resources (MDNR). The WQCs were reviewed by the Northwestern Division (NWD) Commander and WQC for NWPs 21, 44, 48, 50, 51, 52, 55, and 56 are waived. For NWPs 12, 29, 39, 40, 42, 43, 57, and 58, NWD has determined the MDNR WQC conditions listed below added as regional conditions.

There are 40 existing NWPs that were not reissued or modified by the January 13, 2021 final rule. These 40 NWPs were published in the January 6, 2017, issue of the Federal Register (82 FR 1860) and these NWPs remain in effect until the Corps issues a final rule reissuing those NWPs or March 18, 2022, whichever comes first.