The ACOE is required every five years to evaluate the Nationwide Permits (NWPs) and their efficacy. The current NWPs are scheduled to expire on March 18, 2017. The ACOE published a proposal to reissue and modify NWPs in the Federal Register on June 1, 2016, and as part of this proposal, requested comments on the effects of the 2015 revisions to the definition of “waters of the United States” (WOTUS) on the applicability and efficiency of the proposed NWPs. The 2015 revisions to WOTUS is currently stayed by the courts, but if enacted, almost all accounts demonstrate that it would expand Section 404 WOTUS jurisdiction. BDA was asked by the National Association of Home Builders (NAHB) to assist with an analysis of the potential effects of the 2015 revisions to WOTUS on the applicability and use of NWPs. BDA completed a case study that was included the NAHB comment letter submitted to the ACOE in response to their request for comments.
Click here for the full comments document submitted by the NAHB: http://www.bda-inc.com/news/nahb_comments.pdf