Nationwide Permit 34 authorizes the discharge of dredged or fill material into waters of the United States for various activities associated with existing cranberry production. This includes the construction of dikes, berms, and pumps, the installation of water control structures, and the leveling of cranberry beds for expansion, enhancement, or modification of an existing operation. The permit is specifically designed to support the ongoing needs of the cranberry industry while protecting aquatic resources. It is restricted to existing operations, meaning it cannot be used to establish a brand-new cranberry farm in a location where one did not previously exist. A critical requirement is that the activity must not result in a net loss of wetland acreage.
The 2026 reissuance of NWP 34 maintains the 10-acre cumulative disturbance limit and the mandatory pre-construction notification requirement found in the 2021 version. The Corps determined that these existing thresholds remain effective in ensuring that authorized discharges result in no more than minimal individual and cumulative adverse environmental effects. While the permit terms are unchanged, the supporting decision document has been updated with the most recent environmental baseline data. This includes results from the 2022 National Lakes Assessment and the 2021 National Wetland Condition Assessment, ensuring that the cumulative impact analysis for the cranberry industry is based on the latest available ecological science.
Compliance managers and owners of existing cranberry farms use this permit for infrastructure and bed management. It is essential for agricultural operations needing to modify water management systems or expand existing bogs into jurisdictional wetlands.
The Corps determined that the reissuance of NWP 34 results in a 'no effect' finding for federally-listed endangered or threatened species and designated critical habitat. This finding relies on General Condition 18, which mandates that no activity is authorized until project-specific Section 7 consultation is completed if the activity 'might affect' listed resources. Compliance with Section 106 of the National Historic Preservation Act is ensured through General Condition 20. Because NWP 34 requires a mandatory Pre-Construction Notification for all activities, district engineers have the opportunity to review every proposal for potential impacts to historic properties and ensure necessary consultations are finalized before work begins.
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