Public Notice: Opportunity to Comment on EPA's and the NH Department of Environmental Services' Requests for the U.S. Army Corps of Engineers New England District to Provide a Retained Waters Description in Support of the Clean Water Act (CWA) Section 404g Program

Summary

In accordance with 40 C.F.R 233.11 (i) the U.S. Environmental Protection Agency Region 1 (EPA) is notifying the public of the interest of the State of New Hampshire ("the State") and the New Hampshire Department of Environmental Services ("NHDES") in assuming the Clean Water Act ("CWA") section 404 program. NHDES and the State have requested a retained waters description from the U.S. Army Corps of Engineers New England District (USACE NAE). The USACE NAE should inform the State and EPA of its intent to provide the retained waters description within 30 days of this notice. USACE NAE then has up to 180 days from the date of this public notice to provide the list to the State and EPA. If USACE NAE declines to provide the retained waters description, the State may develop it.  

EPA is publishing this notice on its website and, beginning today, is providing a 60-day public comment period during which USACE NAE and the State will accept input on the scope of the retained waters description. When the State's CWA 404 program submission is complete, EPA will offer another public comment period.  

This public notice is available on the EPA Region 1 website: 
https://www.epa.gov/aboutepa/epa-region-1-new-england
https://www.epa.gov/nh/new-hampshire-events-public-notices-and-press-releases

Supplemental Information

Clean Water Act section 404(g) authorizes eligible Tribes, states and territories to take over, or assume, administrative authority over Section 404 permitting in some waters of the United States within their jurisdiction. 

To learn more about this program, visit the CWA 404g website here: https://www.epa.gov/cwa404g