Friday, February 10, 2012

Nationwide Permits Set to Expire...Are you Ready?

ARE YOU AWARE that ALL Nationwide Permits (NP’s) issued by the Army Corps of Engineers are set to expire on or around March 18, 2012? The expiration of all NP’s occurs every five (5) years so that the Army Corps can re-evaluate and revise their allowable minor impacts (Nationwide Permits), permit language, and permit regional conditions.
DO YOU CURRENTLY HAVE a valid Nationwide Permit for impacts proposed on a property?
IF YOU HAVE BEGUN THE WORK involved with the impacts, or if you have the impacts under contract, signed by March 18, 2012, then you will have 12 months to conduct the work. (In other words, you will be “grandfathered” out of the immediate expiration of Nationwide Permits and you will have until March 18, 2013 to conduct the permitted activities).
IF YOU DO NOT HAVE THE PERMITTED ACTIVITY BEGUN or under contract to be conducted by March 18, 2012, your permit will be considered expired by the Army Corps and we will have to re-apply for a new permit.
THUS, IF YOU ARE ABLE TO GET THE WORK TO BE CONDUCTED UNDER CONTRACT, please make sure that you have some sort of written proof in your files that you have a contract (that is dated prior to March 18, 2012) in case the Army Corps follows up with you or your wetlands consultant.
IF YOU ARE UNABLE TO OBTAIN A CONTRACT by March, 18 2012, we can discuss with you your options of re-applying for your permit after the new Nationwide Permits are revised and released.


This does not affect the validity of your state permit from DNREC, if you have one.


Please feel free to contact me with any questions or concerns you may have and I'll be happy to assist.


Amy Nazdrowicz Environmental Scientist
(302) 323-9377
amyn@landmarkjcm.com

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