Taking a dam out of a stream leaves a practical public-interest question: where does the structure go? In its January 6, 2017 nationwide-permit rule, the Army Corps of Engineers created a permit for low-head dam removal. The removed structure must be deposited and retained outside waters of the United States unless a district engineer specifically approves disposal in those waters under a separate authorization. [2016-31355]
Nationwide Permit 53 also requires notice to the district engineer before work begins. It does not automatically cover adjacent stream restoration or bank stabilization; those activities need another applicable authorization. A low-head dam, in this permit, passes flows over all or nearly all of its crest continually and without control, apart from circumstances such as drought, and provides little storage. [2016-31355]
That separation of activities fits a broader review structure. The June 1, 2016 proposal called for district notices seeking comment on regional conditions, alongside national consultation on new and modified permits. It also described regional environmental decision documents. This was a stage in the same Corps proceeding, not an independent assessment that a particular removal would improve a community's stream. [2016-12083]
The final program was scheduled to take effect March 19, 2017, with authorization limited to activities having no more than minimal individual and cumulative adverse environmental effects. Minimal does not mean none. General, regional and case-specific conditions remain relevant. For neighbors evaluating a project, the useful distinction is between removing the barrier, managing its material and authorizing any additional work—not simply whether the project carries a nationwide-permit label. [2016-31355]
Source documents
- Issuance and Reissuance of Nationwide Permitshttps://www.govinfo.gov/content/pkg/FR-2017-01-06/html/2016-31355.htm
- Proposal To Reissue and Modify Nationwide Permitshttps://www.govinfo.gov/content/pkg/FR-2016-06-01/html/2016-12083.htm