United States Army Corps of Engineers, State-wide
Notice of Tentative Determination, Section 401 Water Quality Certification and Notice of Federal Coastal Consistency Review
Applicant: United States Army Corps of Engineers
Application No. 202504998-WQC (Non-Tidal), 202504997-WQC (Tidal) & 202505000-FCC
City/Town: State-wide
The Department of Energy and Environmental Protection (“DEEP”) hereby gives notice that a tentative determination has been reached for applications submitted by the United States Army Corps of Engineers, New England District (“ACOE”) pursuant to Section 401(a)(1) of the Federal Clean Water Act (“CWA”) for the Water Quality Certification (“WQC”) of the proposed 2026 set of Nationwide Permits (“NWP”). The applicant has also requested a determination pursuant to section 307(c)(1) of the Coastal Zone Management Act to review the proposed NWPs for consistency with the enforceable policies of Connecticut’s federally approved Coastal Management Program contained in sections 22a-90 to 22a-112, inclusive of the Connecticut General Statutes (“CGS”).
Applicant’s Name and Address: United States Army Corps of Engineers, New England District, 696 Virginia Road, Concord, MA 01742-2751
Contact: Paul Silva, email: paul.silva@usace.army.mil; telephone: (978) 318-8465.
Site Location: State-wide
PROPOSED ACTIVITY
On June 18, 2025, ACOE published in the Federal Register a proposal to reissue and modify 56 of its 57 NWPs. 90 Fed. Reg. 26100. That same day, ACOE New England District submitted a Request for Water Quality Certification for minimal impact activities within the State of Connecticut. The proposed activity consists of certifying the following NWPs for activities within ACOE jurisdiction under Section 404 of the CWA and Section 10 of the federal Rivers and Harbors Act of 1899 and for activities within the jurisdiction of the State of Connecticut under Section 401 of the CWA:
NWP 3. Maintenance
NWP 4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities
NWP 5. Scientific Measurement Devices
NWP 6. Survey Activities
NWP 7. Outfall Structures and Associated Intake Structures
NWP 12. Oil or Natural Gas Pipeline Activities
NWP 13. Bank Stabilization
NWP 14. Linear Transportation Projects
NWP 15. U.S. Coast Guard Approved Bridges
NWP 16. Return Water From Upland Contained Disposal Areas
NWP 17. Hydropower Projects
NWP 18. Minor Discharges
NWP 19. Minor Dredging
NWP 20. Response Operations for Oil or Hazardous Substances
NWP 22. Removal of Vessels
NWP 23. Approved Categorical Exclusions
NWP 27. Aquatic Ecosystem Restoration, Establishment, and Enhancement Activities
NWP 29. Residential Developments
NWP 31. Maintenance of Existing Flood Control Facilities
NWP 32. Completed Enforcement Actions
NWP 33. Temporary Construction, Access, and Dewatering
NWP 34. Cranberry Production Activities
NWP 36. Boat Ramps
NWP 37. Emergency Watershed Protection and Rehabilitation
NWP 38. Cleanup of Hazardous and Toxic Waste
NWP 39. Commercial and Institutional Developments
NWP 40. Agricultural Activities
NWP 41. Reshaping Existing Drainage Ditches
NWP 42. Recreational Facilities
NWP 43. Stormwater Management Facilities
NWP 44. Mining Activities
NWP 45. Repair of Uplands Damaged by Discrete Events
NWP 46. Discharges in Ditches
NWP 48. Commercial Shellfish Mariculture Activities
NWP 51. Land-Based Renewable Energy Generation Facilities
NWP 52. Water-Based Renewable Energy Generation Pilot Projects
NWP 53. Removal of Low-Head Dams
NWP 54. Living Shorelines
NWP 55. Seaweed Mariculture Activities
NWP 57. Electric Utility Line and Telecommunications Activities
NWP 58. Utility Line Activities for Water and Other Substances
NWP 59. Water Reclamation and Reuse Facilities
NWP A. Activities to Improve Passage of Fish and Other Aquatic Organisms
The request for Water Quality Certification does not include the following NWPs: 2, 21, 24, 25, 30, 49, and 50 as ACOE New England District is not proposing to implement them. Further ACOE has stated NWPs 1, 9, 10, 11, 28, 35, and 55 are not reasonably expected to result in a discharge into waters of the United States and has deemed certification is not necessary.
TENTATIVE DETERMINATION
The proposed activities will affect inland and coastal waters resources of the State of Connecticut. Given the varied manner in which Connecticut regulates inland and coastal waters, DEEP is providing determinations based on the resource type below.
CT DEEP is proposing to waive certification for NWPs: 4, 5, 6, 20, 22, 27, 32, 38 & 48 and to deny certification for NWPs 12, 17, 23, 34, 43, 44, 51, 52 and 59.
Activities in Non-Tidal Waters: A tentative determination has been made to grant WQC with conditions for the following NWPs: 3, 7, 13, 14, 16, 18, 19, 29, 31, 33, 36, 37, 39, 40, 41, 42, 45, 46, 53, 57, 58 and (A).
Additionally, a tentative determination has been made to grant WQC with conditions for activities that are conducted by the State of Connecticut or located on state land.
Activities in Tidal, Coastal and Navigable Waters: A tentative determination has been made to grant WQC with conditions for the following NWPs: 3, 7, 13, 14, 15, 18, 19, 31, 33, 36, 37, 53, 54, 57, 58 and A provided a prospective permittee obtains the appropriate Structures, Dredging & Fill or Tidal Wetlands permit or certificate or Coastal Consistency Concurrence.
INFORMATION REQUESTS/PUBLIC COMMENT
This application has been assigned the following Nos. 202504998-WQC, 202504997-WQC and 202505000-FCC; please use these numbers when corresponding with DEEP regarding this application. Interested persons may obtain a copy of the application from the above contacts or by sending a request for an electronic copy to DEEP at jeff.caiola@ct.gov. All interested parties are invited to express their views on the tentative determination concerning this application. Comments regarding this application may be submitted via electronic mail to jeff.caiola@ct.gov no later than fifteen (15) days from the publication date of this notice.
Published in the Connecticut Post, The Day, Greenwich Time, The Hartford Courant, The New Haven Register, The Advocate, The Hour on October 28, 2025
ADA PUBLICATION STATEMENT
DEEP is an Affirmative Action/Equal Opportunity Employer that is committed to complying with the requirements of the Americans with Disabilities Act. Please contact DEEP by phone 860-418-5910 or email deep.accommodations@ct.gov if you have a disability and need a communication aid or service; have limited proficiency in English and may need information in another language; or if you wish to file an ADA or Title VI discrimination complaint.
Draft Permit and Plans
Draft Permit and Plans