The Federal Register notice (85 FR 22250) is available at https://www.federalregister.gov/documents/2020/04/21/2020-02500/the-navigable-waters-protection-rule-definition-of-waters-of-the-united-states.  Additional information about the NWPR can be found on the EPA’s website at https://www.epa.gov/nwpr.

The Federal Register Notice for the 2018 NWPL update can be found here: https://www.govinfo.gov/content/pkg/FR-2020-05-18/pdf/2020-10630.pdf

The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. The list is effective as of May 18, 2020 and will be used in any wetland delineations performed after this date. Completed wetland delineation/determination forms should reference the version of the NWPL used to complete the form.  The final NWPL is available at http://wetland-plants.usace.army.mil/.  State, regional, and national lists can also be downloaded from this site.

This message is to advise you of temporary changes being made to Regulatory operations at the Buffalo District office and our Auburn, Stow and Oak Harbor Field Offices.  The US Army Corps of Engineers has implemented a telework plan.  As a result we have made several changes to normal business operations and impacts to Regulatory Program delivery are unavoidable.  We recognize contact with applicants, stakeholders, other agencies, and the general public is required to successfully and efficiently deliver the program.  We are prepared to administer the program in a way that is protective of our employees, agency partners, stakeholders, applicants, consultants, the general public and all those with whom we interact. 

The Buffalo District staff will minimize impacts to the continued delivery of Regulatory Program functions through the following actions. These actions are effective immediately and for an indefinite period of time.

Office Visits - The Buffalo. New York District Office, Auburn, New York, Stow, Ohio, and Oak Harbor, Ohio Field Office are closed to the public.  You may reach Regulatory staff at the respective offices by email or telephone at the contact information included at the end of this message.

Site Visits/Inspections - Site visits and inspections are paused until further notice. Please note we will periodically reassessing when site visits may resume and if so under what conditions. We will evaluate the ability to sign off on actions absent a site visit by using available in-house and on-line resources.  You can assist in this effort by ensuring all submittals are complete, e.g. all the information required in an application form is completed, data sheets for wetland determinations are thoroughly filled out, maps and drawings are included, etc.

New Submittals - We have created three email boxes specific to New York and Ohio, and Permit Compliance, Non-compliance and Unauthorized Activities.  All new submittals, where you are not already working with a Project Manager should be emailed to the following email boxes:

LRB.Ohio.RegActions@usace.army.mil for Ohio applications and submittals

LRB.NewYork.RegActions@usace.army.mil for New York applications and submittals

LRB.Regulatory.PermitCompliance@usace.army.mil for Alleged Violations, Compliance, or Non-compliance matters

For large files up to 8GB you should use https://safe.apps.mil/  DoD SAFE allows users the capability to securely send and receive large files, including files that are too large to be transmitted via email. If you using DoD SAFE you must send files to a Regulatory staff member.  If a Regulatory Project Manager has not yet been assigned to your file you should direct new submittals as follows:

Pending Actions:  If your request is currently under evaluation by a Regulatory Project Manager, we request you continue to submit electronic correspondence directly to the assigned Project Manager.  The subject line of the email should include the Corps-assigned project number (ORM Number) and/or project name and location.  We recognize that updates and having a timeline are important to you in planning your project. The following links will provide the status of Pending Permit Applications or finalized Jurisdictional Determinations: https://www.lrb.usace.army.mil/Missions/Regulatory/Check-Permit-Status/

Note: Please consider file size limits when submitting information electronically.  Files larger than 5MB may need to be submitted into multiple files that are emailed separately or through use of DoD Safe.    

If electronic submission is not possible, hard copy submissions thru postal mail will continue to be accepted.  Hard copy should only be provided when electronic submissions are not possible.  There will be intermittent access to postal mail and therefore this will further delay receipt, internal distribution and handling of your submittal.  Further, precautionary internal mail handling procedures may be instituted to protect our workforce, which may result in longer than normal times to receive hard copy submissions.

Public Notices: Posting of Public Notices on our website will continue.  Mailing of hard copies of Public Notices may be interrupted or significantly delayed therefore interested parties are strongly encouraged to request to be added to our electronic mailing list to receive information in a timely and uninterrupted manner.  Please send a request to one of the email inboxes listed above.

We all must do our part to "flatten the curve" and help our nation heal.  I appreciate your understanding and patience with implementation of these changes to protect everyone from the Coronavirus while continuing to deliver the Regulatory program.

Regulatory staff continue to be available by email and telephone.  You may contact our office by phone using the following:

SENDING AN EMAIL TO:

LRB.Ohio.RegActions@usace.army.mil for Ohio applications and submittals

LRB.NewYork.RegActions@usace.army.mil for New York applications and submittals

LRB.Regulatory.PermitCompliance@usace.army.mil for Alleged Violations, Compliance, or Non-compliance matters

Buffalo District Office, Buffalo, New York: (716)879-4330

Auburn, NY Field Office: (716)879-4330 OR (315)255-8090

Oak Harbor, Oh Field Office: (716)879-4330 OR (419)898-3491

Stow, Oh Field Office: (716)879-4330 OR (330-923-8197)

Information regarding the Regulatory Program and permit applications is available on our webpage: https://www.lrb.usace.army.mil/Missions/Regulatory/

Sincerely,

Diane Kozlowski

Chief, Buffalo District Regulatory Branch

The Natural Resources Conservation Service (NRCS) and the Deputy Assistant Secretary of the Army have provided written notice to rescind the 2005 joint memorandum titled "Guidance on Conduction Wetland Determinations for the Food Security Act of 1985 and Section 404 of the Clean Water Act".  This rescission is effective immediately. This rescission does not alter the roles or responsibilities of the Agencies under their respective statutory and regulatory authorities. The Agencies will continue their practice of informing landowners that wetland delineations (performed by the Corps) and determinations (performed by the NRCS) may not be valid for FSA or CWA requirements, respectively.  The Agencies intend to issue new guidance on this topic in the near future.

All work must be completed by November 7, 2020.  For More information, click HERE and look under Types of Permits.