On June 14, 2005 a Regulatory Guidance Letter (RGL) (RGL No.
05-02) was issued by the U.S. Army Corps of Engineers (COE) stating that a
Jurisdictional Determination (JD) associated with an issued permit and/or authorization is
now extended to be valid until the expiration date of said permit/authorization.
Prior to the issuance of this RGL, JDs issued by the COE, whether associated with a
permit or other authorization, were only valid for up to five (5) years. This situation
required permittees to monitor the life span of a JD relative to that of their permit and
resulted in many requests for JD extensions, which further taxed the resources of the COE.
With the issuance of
RGL No.
05-02, if you receive a permit from the COE for a particular project, the JD associated
with the site on which you received the permit will be valid through the later of the
expiration date of the permit or the JD. This is particularly useful for projects that
receive Individual Permit authorizations that can be valid for up to fifteen (15) years.
Additionally, WSSI has confirmed with the COE that this policy is retroactive.
Therefore, as long as a permit has been issued for a site that had a valid JD at the time
the permit was issued, then that JD will remain valid through the expiration date of the
permit.
When does a Nationwide Permit verification expire?
And, how long do you have to complete work authorized by the COE?
Throughout much of the United States, Nationwide Permit (NWP) verification letters are
valid for a period of no more than two years (see 33 CFR 330.6). Within the Norfolk
District, however, NWP verification letters may be issued for up to five years (see Norfolk
District COE Policy Memo dated November 27, 2000). The current NWPs, which were issued
by the COE on March 18, 2002, are set to expire on March 18, 2007. Since the current NWPs
are within two years of their expiration date of the overall NWP program, the time period in
NWP verification letters will be March 18, 2007 instead of two (or more) years from the
verification date.
An RGL issued by the COE on August 4, 2005 (RGL No. 05-03)
clarifies the time period allowed for a permittee to complete work verified as authorized
under a NWP when the NWP is set to expire. This RGL states that if you commence or are
under contract to commence the activity verified as authorized under a NWP before the date
that that NWP is modified or revoked, you will have twelve (12) months from the date of the
modification or revocation of the NWP to complete the activity under the present terms and
conditions of the NWP.
For additional information, please contact Dan Lucey or Mark Headly.
