Nationwide Permit 3 authorizes the repair, rehabilitation, or replacement of previously authorized, currently serviceable structures or fills. This includes minor deviations in a structure's configuration or filled area due to changes in materials, construction techniques, or safety standards. It also allows for the removal of previously authorized structures and fills, provided the use does not differ from the original permit. Additionally, the permit authorizes the removal of accumulated sediment and debris in the immediate vicinity of structures like bridges and culverts, generally limited to 200 feet from the structure. It also covers the repair of structures damaged by discrete events like storms or floods, as long as work starts within two years of the damage. Temporary structures and fills necessary to complete the maintenance work are also authorized.
The 2026 reissuance of NWP 3 includes no substantive changes to the terms and conditions from the 2021 version. The Corps reevaluated the permit's potential impacts and determined that the current qualitative and quantitative limits remain sufficient to ensure that authorized activities result in no more than minimal individual and cumulative adverse environmental effects. The Corps declined to add specific acreage limits for maintenance activities or to modify the definition of 'minor deviations,' maintaining that existing safeguards are adequate. They also declined to extend the authorization to structures that were never previously authorized or to allow new riprap for protection under this specific permit.
Compliance managers, transportation departments, utility companies, and private property owners use this permit for routine upkeep of existing infrastructure. It is essential for those maintaining bridges, culverts, intake/outfall structures, and authorized fills in jurisdictional waters.
The Corps determined that reissuing NWP 3 has 'no effect' on federally-listed endangered or threatened species or critical habitat because general condition 18 requires project-specific consultation if an activity 'might affect' these resources. Compliance with the Endangered Species Act is ensured as no activity is authorized until the Section 7 consultation process is completed. Impacts to Essential Fish Habitat (EFH) are addressed through case-by-case or programmatic consultations, and district engineers can impose regional conditions to protect these areas. For cultural resources, non-federal permittees must submit a PCN if an activity has the potential to affect historic properties, ensuring compliance with Section 106 of the National Historic Preservation Act.
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