[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"permit-16":3},{"id":4,"acreageLimit":5,"changesFrom2021":6,"code":7,"commonProjects":8,"effectiveDate":15,"environmentalReview":16,"extension":17,"faq":18,"keyConditions":34,"linearFootLimit":5,"meta":41,"name":45,"pcnTrigger":5,"publicComments":49,"purpose":48,"relatedPermits":68,"seo":69,"shortName":46,"sourceDocumentUrl":66,"statutoryAuthority":47,"stem":70,"whoNeedsThis":50,"__hash__":71},"permits/permits/nwp-16.json",null,"The 2026 reissuance of NWP 16 maintains the same national terms and conditions as the 2021 version without substantive changes. The Corps of Engineers reevaluated the permit's individual and cumulative effects and determined that the existing qualitative and quantitative limits remain sufficient to ensure that authorized activities result in no more than minimal adverse environmental impacts .\n\nWhile the permit text remains unchanged, the supporting decision document has been updated with the most recent environmental baseline data. This includes results from current national-level ecological assessments, such as the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, to ensure the cumulative impact review is grounded in modern data.","16",[9,10,11,12,13,14],"Returning decanted water from a municipal harbor dredging project","Release of water from a confined disposal facility (CDF) for marina maintenance","Return water from upland industrial dredging sediment settling ponds","Management of runoff from a contained upland disposal site for canal clearing","Dewatering of dredged material at an authorized upland facility","Returning clarified water from an exploratory core sampling disposal area","2026-03-15","The Corps determined that the reissuance of NWP 16 results in 'no effect' on federally-listed endangered or threatened species or their critical habitat. This finding is supported by General Condition 18, which requires project-specific ESA Section 7 consultation for any activity that 'might affect' listed resources; no activity is authorized until that process is completed .\n\nCompliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20, which triggers mandatory Pre-Construction Notification (PCN) if an activity has the potential to affect historic properties. For Essential Fish Habitat (EFH), the Corps found that district engineers can apply regional or activity-specific conditions to minimize adverse effects to sensitive aquatic environments during the return water process.","json",[19,22,25,28,31],{"q":20,"a":21},"Do I need to submit a PCN for return water discharges under NWP 16?","No, the national terms of NWP 16 do not require a Pre-Construction Notification. However, you must check for regional conditions or triggers related to endangered species or historic properties that might require one.",{"q":23,"a":24},"Does NWP 16 authorize the actual dredging work?","No, NWP 16 only authorizes the return water from upland disposal areas. The dredging activity itself must be authorized by a different Nationwide Permit, regional permit, or individual permit.",{"q":26,"a":27},"Is there a specific acreage limit for return water under NWP 16?","There is no national numeric acreage limit for NWP 16 because the 'discharge' is return water rather than fill material. However, impacts must still be determined to be minimal by the district engineer.",{"q":29,"a":30},"What water quality standards apply to decanted return water?","Decanted return water must meet the requirements of the Section 401 water quality certification, which is typically handled by the state or tribe where the discharge occurs.",{"q":32,"a":33},"Can I use NWP 16 for uncontained dredged material disposal?","No, NWP 16 is specifically for return water from contained disposal areas. Uncontained disposal of dredged material into waters of the U.S. would requires a different permitting vehicle.",[35,36,37,38,39,40],"Return water is considered a discharge of dredged material under Section 404 ","Does not authorize the dredging activity itself; separate authorization is required ","Must meet Clean Water Act Section 401 water quality certification requirements ","Containment areas must be designed to effectively settle suspended solids ","Must not authorize activities that disrupt necessary life cycle movements of aquatic species ","Materials used for construction of containment structures must be free of toxic pollutants ",{"path":42,"body":43,"title":67},"/permits/nwp-16",{"id":44,"code":7,"name":45,"shortName":46,"statutoryAuthority":47,"acreageLimit":5,"linearFootLimit":5,"pcnTrigger":5,"effectiveDate":15,"purpose":48,"changesFrom2021":6,"environmentalReview":16,"publicComments":49,"whoNeedsThis":50,"commonProjects":51,"keyConditions":52,"faq":53,"relatedPermits":59,"seo":63,"sourceDocumentUrl":66},"nwp-16","Return Water From Upland Contained Disposal Areas","NWP 16","404","Nationwide Permit 16 authorizes the return water from an upland contained dredged material disposal area back into waters of the United States. This permit acknowledges that while the disposal of dredged material in an upland area is not typically regulated under Section 404 of the Clean Water Act, the return of water from that disposal area into a jurisdictional waterbody is legally considered a discharge of dredged material .\n\nThe scope of this permit is restricted to the return water itself and does not authorize the actual dredging activity, which must be permitted separately. The return water must be managed such that it meets applicable water quality standards, and the containment area must be designed to effectively settle out solids before the water is released.","The Corps received no specific public comments regarding the proposed reissuance of NWP 16 following the 2025 Federal Register notice. Consequently, the permit was reissued exactly as proposed .\n\nIn general responses to the NWP program reissuance, the Corps emphasized that maintain administrative efficiency for activities with minimal environmental impacts is a primary goal. They reiterated that district engineers retain discretionary authority to require individual permits if they determine a specific return water discharge would cause more than minimal individual or cumulative adverse effects.","Dredging contractors and facility managers who use upland containment areas for dredged material disposal typically use this permit. It is essential for projects where water must be decanted from settled dredged material and returned to the source waterbody or adjacent jurisdictional waters.",[9,10,11,12,13,14],[35,36,37,38,39,40],[54,55,56,57,58],{"q":20,"a":21},{"q":23,"a":24},{"q":26,"a":27},{"q":29,"a":30},{"q":32,"a":33},[60,61,62],"NWP-3","NWP-19","NWP-35",{"title":64,"description":65},"NWP 16: Return Water From Upland Disposal - 2026 Permit Guide","Nationwide Permit 16 (NWP 16) for return water from upland contained disposal areas. Section 404 authority, water quality standards, and PCN requirements on Course Clear.","https://cdn.courseclear.io/usace/decision_documents/NWP-16-2026-Final-Decision-Document.pdf","Nwp 16",[60,61,62],{"title":64,"description":65},"permits/nwp-16","ppTvYflFLUAYEsQMM73Oj5nCVXbjNPcuEErpxahqhu0"]