Corp’s Policy on Permits in Fayetteville Shale Area
CORPS IMPLEMENTS NEW CONDITION FOR CERTAIN PERMITS IN FAYETTEVILLE SHALE AREA
LITTLE ROCK, Ark. – The Army Corps of Engineers has implemented a new regional condition to four nationwide permits that will help protect the aquatic resources in the 33 Arkansas counties known as the Fayetteville Shale Play region.
The affected counties are Arkansas, Cleburne, Conway, Crawford, Cross, Faulkner, Franklin, Independence, Jackson, Jefferson, Johnson, Lee, Logan, Lonoke, Madison, Monroe, Newton, Perry, Phillips, Pope, Prairie, Pulaski, Saline, Scott, Searcy, Sebastian, Stone, St. Francis, Van Buren, Washington, White, Woodruff and Yell.
Nationwide permits streamline the permit process by authorizing certain categories of activities that are similar in nature and that cause minimal environmental impact to waters of the United States including lakes, rivers, streams and wetlands.
The nationwide permits that now include the new regional condition are Nationwide Permit Number 6, which applies to survey activities; Number 12, which applies to utility line activities; Number 14, which applies to linear transportation projects; and Number 18, which applies to minor discharges of material in the waters of the U.S.
These permits contain conditions that must be met to ensure aquatic environments are protected. The new condition is known as Arkansas Regional Condition Number 5, and it requires those seeking to perform work in waters of the U.S. in the 33 affected counties to first give the Corps written notice. If the Corps determines the work results in more than minimal effects, a more detailed permit review will be required.
The new regional condition applies to all activities authorized by the four nationwide permits, and includes activities conducted by the public, municipalities and natural gas companies.
These nationwide permits, along with other permits the Corps issues, are under the jurisdiction of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. More information about the Corps’ permit program and the new regional condition can be obtained on the Internet at www.swl.usace.army.mil/regulatory.