NOTICE TO LPA CONSULTANTS – Corps Permitting

Local Public Agency (LPA) consultants should not be surprised when they submit a pre-construction notification (PCN) to the Corps and receive a Nationwide Permit #23 regardless of the permit they applied for. The Corps may be issuing NWP 23s for most projects funded by the FHWA unless they reach the level of requiring an individual permit or they require an EA or EIS. This is because most other FHWA-funded projects are covered by a programmatic categorical exclusion (PCE) or a CE2. The Nationwide Permit #23 is for permitting FHWA-approved categorical exclusions and the Corps is making this change to help smooth the permitting process. Permits not requiring PCN can still be covered by other nationwide permits. But if a PCN is submitted, and it falls under a CE2 or PCE, the Corps may issue the NWP 23 regardless of what NWP is applied for.

If there are questions, you can contact any of the following:

Chris Shulse [email protected]

Aaron Stolte [email protected]

Mark Sowers [email protected]