Public Notice: The New Mexico Environment Department-Surface Water Quality Bureau opens comment period for Clean Water Act Section 401 Certification of U.S. Army Corps of Engineers 2026 Nationwide Permits.

The certification request is from the United States Army Corps of Engineers (USACE) for the 2026 Nationwide Permits (NWPs). The purpose of the NWPs is for the USACE to authorize categories of activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899 that have no more than minimal individual and cumulative adverse environmental effects. More information on the proposal to reissue the NWPs is available in June 18, 2025 Federal Register.

The U.S. Army Corps of Engineers issues CWA Section 404 permits for the discharge of dredged or fill material. The purpose of CWA Section 401 is to ensure the discharge will comply with state water quality standards. NMED has authority under CWA Section 401 to certify, certify with conditions, or deny certification of the permit. Procedures for certification of Section 404 permits are found at 20.6.2.2002 New Mexico Administrative Code.

The 30-day comment period on this certification request will open October 17, 2025, and will close November 17, 2025, at 5:00 p.m. MDT. This public notice and associated information are posted at: https://www.env.nm.gov/public-notices. Formal comments for inclusion in the public record must be submitted in writing via the NMED Public Comment Portal at: https://nmed.commentinput.com/comment/search, or alternately in writing to:

Program Manager Watershed Protection Section

Surface Water Quality Bureau

New Mexico Environment Department

PO Box 5469

Santa Fe, NM 87502-5469

Email (preferred): wpsprogram.manager@env.nm.gov

For more information on the 2026 NWPs, please contact:

Alan Klatt

Watershed Protection Section

Surface Water Quality Bureau

New Mexico Environment Department

PO Box 5469

Santa Fe, NM 87502-5469

telephone: 505-819-9623

email: alan.klatt@env.nm.gov

Persons who need language services (e.g., assistance for an interpreter) or persons with disabilities who need services to participate in this public process should contact:

Alan Klatt

PO Box 5469

Santa Fe, NM 87502

telephone: 505-819-9623

email: alan.klatt@env.nm.gov

TDD or TTY users please access the number via the New Mexico Relay Network, 1-800-659-1779 (voice); TTY users: 1-800-659-8331.

The New Mexico Environment Department (NMED) does not discriminate on the basis of race, color, national origin, disability, age or sex in the administration of its programs or activities, as required by applicable laws and regulations. If you have any questions about any of the NMED non-discrimination programs, policies or procedures, you may contact:

Kate Cardenas, NMED Non-Discrimination Coordinator

1190 St. Francis Dr., Suite N4050

P.O. Box 5469

Santa Fe, NM 87502

telephone: (505) 231-9983

email: nd.coordinator@env.mn.gov

If you believe that you have been discriminated against with respect to a NMED program or activity, you may contact the Non-Discrimination Coordinator identified above or visit our website at https://www.env.nm.gov/general/environmental-justice-in-new-mexico/ to learn how and where to file a complaint of discrimination.