20020259 Ver 1_Complete File_20020220

\O?U, 11Y William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
61
1 Alan W. Klimek, P.E. Director
O ?
DWQ Project NCZbZA
Applicant: W - F. 4556- 1-1
Project Name: I- I
County: cl"Y,974 1-1
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agen?,'s Certifition
I, M^i, / ? 0J , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules. the approved plans and specifications, and other supporting materials.
Signature
Registration No.
Date
w r, NHKAIOUI i . L-d5iey, lauveinui
0 R William G. Ross Jr., Secretary
\OC? QG North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
?7
Division of Water Quality
O ?
June 4, 2002
Chatham County
DWQ Project No. 020259
APPROVAL of 401 Water Quality Certification
Mr. W.F. Rosser, P.F., Division Engineer
NCDOT, Division 8
PO Box 1007
Aberdeen, N('28315
Dear Mr. Rosser:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in
105 linear feet of streams for the purpose of paving and improving SR 1356 in Chatham County. The project shall
be constructed in accordance with your application February 18, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3375. This certification corresponds
to the Nationwide Permit 14 issued by the Corps of Engineers. In addition, you should acquire any other federal,
state or local permits before you proceed with your project including (but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations. 'This approval will expire with the accompanying
404 permit, unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 21-I .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 40I/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) The NCDOT shall strictly adhere to sediment and erosion control Best Management Practices as described for
High Quality Waters entitled "Design Standards in Sensitive Watersheds" (I5A NCAC 04B .0024) throughout
design and construction of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 clays of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. 'rhis certification and its conditions are final and binding unless you ask for a hearing.
AA
rNCUEN
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
\0?0, V c,9pG
O ?
'This letter completes the review of the Division of Water duality under Section 401 01 the Clean Water Act If you
have any questions, please contact John Hennessy at 919 733-5094 or Steve Mitchell at 919-571-4700.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
William G. Ross Jr , Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek. P.E. Director
Sincerely,
'Klimek, P.E.
c:\ncdot\SR 1356\wqc\020259wgc.doc
?STATE,
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS
GOVERNOR
February 18, 2002
Mr. Rob Riding 020259
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Ridings:
Enclosed is the permit application for the following project:
Description: SR 1356 -- Chatham County
Work Order 6.522457
TIP Number: N/A
Fee Category: $200.00
Please submit for automated payment.
Sincerely,
LYNDO TIPPETT
SECRETARY

Art C. King
Division Environmental Officer
PAYMENT
RECFNED
dµ SUig n
NW'
V y
STATE OF North CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRETARY
February 18, 2002
Mr. Rob Ridings 020259
Divsion of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Ridings:
Subject: Chatham County - SR 1356 (Wrenn Culberson Road)
In an effort to obtain the permits needed for pipe replacement on SR 1356 (Wrenn
Culberson Road) in Chatham County, we are providing the pre construction notification
application and the supporting materials. The crossing is an intermittent stream between
two farm ponds. This project is outside the critical habitat area for the Cape Fear Shiner.
To our knowledge there are No High Quality Waters or Outstanding Water Resources
occurring in the project area. We anticipate that these activities will be authorized under
Nationwide Permit Number14 and 33.
This letter and a copy of the application materials will be submitted to N.C. Division of
Water Quality, U.S. Fish and Wildlife Service, and U.S. Army Corps. of Engineers for
approval.
If you have any questions or comments, or need additional information, please contact
our office at [phone]. Thank you for your cooperation in this matter.
Sincerely,
PAYMENT
RECEIVED Art C. King
Division Environmental Officer
P.O. BOX 1067, ABERDEEN, NORTH CAROLINA 28315
PHONE [phone] FAX [phone]
Office Use Only: Form Version October 2001
USACE Action ID No. DWQ No. 020259
if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
Section 10 Permit
® 401 Water Quality Certification
Riparian or Watershed Buffer Rules
2, Nationwide, Regional or General Permit Number(s) Requested: Nationwide #14 &433
If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: M
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
1. Owner/Applicant Information
Name: North Carolina Department of 1 ransportation
Mailing Address: W F Rosser P E Division ngineer
North Carolina Department of Transportation Division 8
P.O. Box 1067
Aberdeen North Carolina 28315
Telephone Number: 910-944-2344 Fax Number: 910-944-5623
E-mail Address: brosserpdot state nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Benny F Sloan
Company Affiliation: NC Department of Transportation
Mailing Address: 1404 East Raleigh Street
Siler Citv North Carolina 27344
Telephone Number: [phone] Fax Number: 919-742-3986
E-mail Address: bfsloan@a dot state nc us
Page 5 of 12
III. Project Information
7
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1356 (Wrenn Culberson Rd)
2. T.I.P. Project Number or State Project Number (NCDOT Only): 6.522457
3. Property Identification Number (Tax PIN):
4. Location
County: Chatham Nearest Town: Siler City
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): North on SR 1004 from US 64.
Travel about 4.5 miles past Rocky River Church Next left is SR 1356
5. Site coordinates, if available (UTM or Lat/Long): N350 47' 47" W 79° 27' 23"
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing secondary road
Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): Roc River
9. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at llp://h2o:enr.state.nc.us/admin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work:
Grade and pave SR 1356 in Chatham County.
11. List the type of equipment to be used to construct the project: Motorgrader, trackhoe.
bulldozer, scraper, etc.
12. Describe the land use in the vicinity of this project: Residential / agricultural
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
N/A
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
I00-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
None

I
' List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
" 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at hup•//www.fema.ggv.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent'?
(please specify)
1 Pipe Replacement 105' UT Rocky River 5' I

i
List each impact separately and identify temporary impacts. impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.eov. Several intemet sites also allow direct download and printing of L'SGS maps (e.g., Nrww topozone.com,
www.maI2que5t.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 105'
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact

Site Number
(indicate on map)

Type of Impact* Area of

Impact
(acres)
Name of Waterbody
(if applicable) Type of Waterbody
lake, pond, estuary,
( p
bay, ocean, etc.)
None

List eacn impact separateiy anu iuuimy tumpulaly uuNau?. a I?aaw ,,. .. ---
flooding, drainage, bulkheads, etc.
4. Pond Creation
if construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream E] wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http:/ih2o.enr,state,nc.us/ncwetiands/stnnP-ide,html-
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at htm•//h.2o enr state nc us/=/indec htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes E] No
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No F? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. if buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
' Lone I extenas out su reel perpenaicuiar rrom near oanK or cnannet; Lone -, exrenus an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
100-
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
VIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes EJ No
Is this an after-the-fact permit application?
Yes ? No Z
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
ZI1g1 Z002-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT v 2Q Z??
Action ID: 200200458 TIP No: State Project No: 6.522457 County: Chatham
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: North Carolina Department of Transportation
Address: W.F. Rosser, P.E., Division Engineer t r
North Carolina Department of Transportation_
Division 8 t
i
P.O. Box 1067 APR
Aberdeen, North Carolina 28315 i'2007
Telephone Number: [phone] Wn7F q? D? „tl` ,
Size and Location of project (waterway, road name/number, town, etc.): 60 linear feet of 87-inch X 63-inch
CMPA culvert with headwalls and temporary diversion at centerline station 13+85 on SR 1356 at an unnamed
tributary to Rocky River in Chatham County, North Carolina.
Description of Activity: To replace 44 linear feet of 36-inch RCP with 60 linear feet of 87-inch X 63-inch CMPA
culvert with headwalls and install a temporary diversion structure consisting of a fabic-lined channel, temporary
diversion pipe and fabric-covered stone berms placed on filter cloth on the upstream and down stream side of the
culvert. Approximately 20-feet of class B rip-rap is to be placed on the banks above the plane of ordinary high water at
each end of the culverts for bank protection. Traffic will be detoured onto existing roadways during construction. All
temporary fill is to be removed from the waterway in its entirety upon completion of the construction.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: 14/33 Nationwide Permit Number
Regional General Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404
(if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]. For any activity
within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact
the Corps Regulatory Official specified below.
Date 8 April 2002
Corps Regulatory Official Richard K. Spencer Telephone No. [phone]
Expiration Date of Verification 8 April 2005
CF: NCDOT ( Division 8, Attn: ing)
DWQ, John I lennessey
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Federal Register/Vol. 67, No. 10 /'Tuesday, January 15, 2002/Notices 2077
New York
New York District Engineer, ATTN: CENAN-
OP-R, 26 Federal Plaza, New York, NY
10278-0090
North Carolina
Wilmington District Engineer, AT°I N:
CESAW-RG, P.O. Box 1890, Wilmington,
NC 28402-1890
North Dakota
Omaha District Engineer, ATTN: CENWO-
OP-R, 106 South 15th Street, Omaha, NE
68'102-1618
Ohio
Huntington District Engineer, ATTN:
CELRII-OR-F, 502 8th Street, Huntington,
WV 25701-2070
Oklahoma
Tulsa District Engineer, ATTN: CESAT--PE--
R, 1645 S. 101st East Ave, Tulsa, OK
74128-4609
Oregon
Portland District Engineer, ATTN: CENWP-
PE-G, P.O. Box 2946, Portland, OR 97208-
2946
Pennsylvania
Baltimore District Engineer, AT°l'N: CENAB-
OP-R, P.O. Box 1715, Baltimore, MD
21203-1715
Rhode Island
New England District Engineer, ATTN:
CENAE-R, 696 Virginia Road, Concord,
MA 01742-2751
South Carolina
Charleston District Engineer, ATTN: CESAC-
CO-P, P.O. Box 919, Charleston, SC
29402-0919
South Dakota
Omaha District Engineer, ATTN: CENWO-
OP-R, 106 South 15th Street, Omaha, NE
68102-1618
Tennessee
Nashville District Engineer, ATTN: CELRN-
OP-F, P.O. Box 1070, Nashville, TN
37202-1070
Texas
Ft. Worth District Engineer, ATTN: CESWF-
PER-R, P.O. Box 17300, Ft. Worth, TX
76102-0300
Utah
Sacramento District Engineer, ATTN:
CESPK-CO-R, 1325 J Street, CA 95814-
2922
Vermont
New England District Engineer, ATTN:
CENAE-R, 696 Virginia Road, Concord,
MA 01742-2751
Virginia
Norfolk District Engineer, ATTN: CENAO-
OP-R, 803 Front Street, Norfolk, VA
23510-1096
Washington
Seattle, District Engineer, ATTN: CENWS-
OP--RG, P.U. Box 3755, Seattle, WA 981'24
2255
West Vir;imo
Huntington District Engineer, ATTN:
CELRII-OR-F, 502 8th Street, Huntington,
WV 25701--2070
Wisconsin
St. Paul District Engineer, A'I'"iN: CEMVP-
CO-R, 190 Fifth Street East, St. Paul, MN
55161--1638
Wyoniirt
Omaha District Engineer, ATTN: CENWO--
OP-R, 106 South 15th Street, Omaha, NE_
68102-16 18
District of Columhin
Baltimore District Engineer, ATTN: CENAi3-
OP-R, P.U. Box 1715, Baltimore, NID
21203--1715
Pacific Territories (American SUaloo, Guam,
6 Commonwealth of the Northern Moriona
Islands)
Honolulu District Engineer, ATTN: CEPOI I-
EC-R, Building 230, Fort Shafter,
Honolulu, HI 96858--5440
Puerto Rico Fr Virgin Islands
Jacksonville District Engineer, A"ITN:
CESAJ-CO-R, P.O. Box 4970, Jacksonville,
FL 32202-4412
Dated: January 4, 2002.
Approved:
Robert H. Griffin,
Brigadier C meral, U.S. Army, Director of Cavil
Works.
Nationwide Permits, Conditions,
Further Information, and Definitions
A. Index of Nationwide Permits,
Conditions, Furtherlnformation, and
Definitions
Nationwide Permits
1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting,
Enhancement, and Attraction Devices and
Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Maintenance
8. Oil and Gas Structures
9. Structures in Fleeting and Anchorage
Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Utility Line Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. U.S. Coast Guard Approved Bridges
16. Return Water From Upland Contained
Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Oil Spill Cleanup
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. State Administered Section 404 Programs
25. Structural Discharges
26.[Reservedl,
27. Stream and Wetland Restoration
Activities
28. Modifications of Existing Marinas
29. Single,-family Housing
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control
Facilities
32. Completed Enforcement Actions
33. 'T'emporary Construction, Access and
Dowatering
34. Cranberry Production Activities
:35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and
Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Residential, Commercial, and
Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage Ditches
42. Recreational Facilities
43. Storinwater Management Facilities
44. Mining Activities
Nationwide Permit General Conditions
1. Navigation
2. Proper Maintenance
3. Soil Erosion and Sediment Controls
4. Aquatic Life Movements
5. Equipment
6. Regional and Case-by-Case Conditions
7. Wild and Scenic Rivers
8. Tribal Rights
9. Water Quality
10. Coastal Zone Management
11. Endangered Species
12. Historic Properties
13. Notification
14. Compliance Certification
15. Use of Nfultiple Nationwide Permits.
16. Water Supply Intakes
17. Shellfish Beds
18. Suitable Material
19. Mitigation
20. Spawning Areas
21. Management of Water Flows
22. Adverse Effects from Impoundments
23. Waterfowl Breeding Areas
24. Removal of Temporary Fills
25. Designated Critical Resource Waters
26. Fills Within 100-year Floodplains
27. Construction Period
Further Information
Definitions
Best Management Practices (BMPs)
Compensatory Mitigation
Creation
Enhancement
Ephemeral Stream
Farrar Tract
Flood Fringe
Floodway
Independent Utility
Intermittent Stream
Loss of Waters of the US
Non-tidal Wetland
Open Water
Perennial Stream
Permanent Above-grade Fitt
Preservation
Restoration
Riffle and Pool Complex
r
20713 Federal Register / Vol, 67, No. 10 / Tuesday, January 15, 2002./ Notices
Sin-to and Complete Project
Stormwater Management bridges, culverted road crossings, water dome primarily to obtain fill for arty

Steam Br.ted r Management Facilities
Stream iutake structures, etc.) and the

placement of uew or additional riprap t restoration activities. The disrluare
e of
o dredged or fill materiat and all related
Stream Channelizatioo
' protect the structure, provided [lit! work needed to restore the upland most
tidal Wetland permittee notifies the District Fngineer he part of it single and complete project.
Vegetated Buffer in accordance with General Condition This permit cannot be used in
Vegetated Shallows
Waterbody 13. The removal of sediment is limited
to the minimum necessar
to restore th conjunction with NWP 18 or NWP 19 to
t
d
y
e res
ore
muaged upland areas. This
B. Nationwide Permits waterway in the immediate vicinity of permit cannot he used to reclaim
1
. Aids to Navigation. The placement the structure to the approximate
dimensions that existed wh
th historic: lands lost, over an extended

of aids to navigation and Regulatory
h
and
ed by
i
e
ppro en
e
structure was built, but cannot extend period, to normal erosion processes.
This permit does not authorize
e
i
a
installed h
ad with ccor
v further than 200 feet in any direction
from the structure. The, placetneut of rip maintenance dredging for the primary
f
i

requirements of the U.S. Coast Guard
(USCG) (See 33 CH, chapter I
rap must be the minimum necessar to
y purpose o
nav
gation and beach
restoration. This permit does not
,
subchapter C part 66). (Section 10) protect the structure or to ensure thu
safety of the structure
All excavat
d authorize new stream channelizatiou or
2. Structures in Artificial Canals.
Structures constructed in artificial .
e
materials must b
be deposited and atho t relocation projects. Any work
authorized by this permit must not
canals within principally residential
developments where the connection of retained in an upland area unless
otherwise specifically approvod by the cause more than minimal degradation of
water quakily, more than minimal
the canal to navigable water of the US
h District Engineer under separate
authorization
Any bank stabilizati clutngcrs to the flow characteristics of the
as been previously authorized (see 33
CFR 322.5(8)). (Section 10) .
ouu
measures not directly associated with stream, or increase flooding (See
General Conditions 9 and 21). (Sections
I. Maintenance. Activities related to: the structure will require a separate 10 and 404)
(i) The repair, rehabilitation, or authorization front the District Engineer Note: 'l'lris NWP authorizes the repair,
replacement of any previously (iii) Discharges of dredged or fill rehabilitation, or replacement of any
authorized, currently serviceable, material, including excavation, into all previously authorized structure or fill that
structure, or fill, or of any currently waters of the US for activities associated clues not qualify for the Section 404(t)
serviceable structure or fill authorized with the restoration of upland areas exemption for maintenance.
by 33 CFR 330.3, provided that the damaged by a storm, flood, or other 4. Fish and Wildlife Harvesting,
structure or fill is not to be put to uses discrete event, including the Enhancernent, and Attraction Devices
differing from those uses specified or construction, placement, or installation and Activities. Fish and wildlife
contemplated for it in the original of upland protection structure's and harvesting devices and activities such as
permit or the most recently authorized minor dredging to remove of structiorrs pound nets, crab traps, crab dredgiug

modification. Minor deviations in the
'
in a water of the US. (Uplands lost as ,
eel pots, lobster traps, duck blinds, claiu
structure
s configuration or filled area a result of a storm, flood, or other and oyster digging; and small fish
including those due to changes in discrete event can be replaced without attraction devices such as open water
materials, construction techniques, or a Section 404 permit provided the fish concentrators (sea kites, etc.). This
current construction codes or safety uplands are restored to their original NWP authorizes shellfish seeding
standards which are necessary to make pre-event location. This NWP is for the provided this activity does not occur in
repair, rehabilitation, or replacement are activities in waters of the US associated wetlands or sites that support
permitted, provided the adverse with the replacement of the uplands.) submerged aquatic vegetation (including
environmental effects resulting frorn The permittee must notify the District sites where submerged aquatic:
such repair, rehabilitation, or Engineer, in accordance with General vegetation is documented to exist
but
replacement are minimal. Currently Condition 13, within 12-months of flue ,
may not he present in a given year,).
serviceable means useable as is or with date of the damage and the work must This NW11 does not authorize artificial
some maintenance, but not so degraded commence, or be under contract to reefs or impoundments and senti-
as to essentially require reconstruction. continence, within two years of the date impoundments of waters of the US for
This NWP authorizes the repair, of the damage. The permittee should the culture or holding of motile species
relrahilitation, or replacement of those provide evidence, such as a recent such as lobster or the use of covered
structures or fills destroyed or damaged topographic survey or photographs, to oyster trays or clan racks. (Sections 10
by storms, floods, fire or other discrete justify the extent of fife proposed and 404)
events, provided the repair,
rehabilitation, or replacement is restoration. The restoration of the
damaged areas cannot exceed the • 5. Scientific Measurement Devices,
Devices, whose purpose is to measure
commenced, or is under contract to contours, or ordinary high water mark, and record scientific data such as staff
commence, within two years of the date that existed before the damage. The gages, title gages, water recording
of their destruction or damage, In cases District Engineer retains the right to devices, water quality testing and
of catastrophic events, such as
hurricanes or tornadoes, this two-year determine the extent of the pre-existing
conditions and the extent of an improvement devices and similar
t
t
S
ll

limit may be waived by the District y
restoration work authorized by this s
ruc
ures.
ma
weirs and flumes
constructed primarily to record water
Engineer, provided the permittee can permit, Minor dredging to remove quantity and velocity are also
demonstrate funding, contract, or other obstructions from the adjacent authorized provided the discharge is
similar delays.
(ii) Discharges of dredged or fill waterbody is limited to 50 cubic yards
below the plane of the ordinary high limiter( to 25 cubic yards and further for
discharges of 10 to 25 cubic yards
material, including excavation, into all water mark, and is limited to the provided the permittee notifies the
waters of the US to remove accumulated
sediments and debris in the vicinity of amount necessary to restore the pre-
existin
bottom cont
f th District Engineer in accordance with the
"
"
,
and within, existing structures (e.g., g
ours o
e
waterbody. The dredging may not be Notification
General Condition.
(Sections 10 and 404)
Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2079
' G. Survey Activities. Survey activities
including core sampling, seismic
exploratory operations, plugging of
soisunic shot holes and other
exploratory-type bore holes, soil survev,
sampling, and historic resources
surveys. Discharges and structures
associated with the recovery of historic
resources are not authorized by this
NWP. Drilling and the discharge of
excavated material from test wells for
oil and gas exploration is not authorized
by this NWP; the plugging of such wells
is authorized. Fill placed for roads, pads
and other similar activities is not
authorized by this NWl'. 'I'lae NWP does
not authorize any permanent structures.
The discharge of drilling mud and
cuttings may require a permit under
section 402 of the CWA. (Sections 10
and 404)
-7. Outfall Structures and
Maintenance. Activities related to:
(i) Construction of outfall structures
and associated intake structures where
the effluent from the outfall is
authorized, conditionally authorized, or
specifically exempted, or are otherwise
in conaoliance with regulations issued
under the National Pollutant Discharge
Elimination System Program (Section
402 of the CWA), and
(ii) Maintenance excavation,
including dredging, to remove
accumulated sediments blocking or
restricting outfall and intake structures,
accumulated sediments from small
impoundments associated with outfall
and intake structures, and accumulated
sediments from canals associated with
outfall and intake structures, provided
that the activity meets all of the
following criteria:
a. The permittee, notifies the District
Engineer in accordance with General
Condition 13;
b. The amount of excavated or
dredged material must be the minimum
necessary to restore the outfalls, intakes,
small impoundments, and canals to
original design capacities and design
configurations (i.e., depth and width);
c. The excavated or dredged material
is deposited and retained at an upland
site, unless otherwise approved by the
District Engineer under separate
authorization; and
d. Proper soil erosion and sediment
control measures are used to minimize
reentry of sediments into waters of the
LIS.
'The construction of intake structures
is not authorized by this NWP, unless
they are directly associated with an
authorized outfall structure. For
maintenance excavation and dredging to
remove accumulated sediments, the
notification must include information
regarding the original design capacities
and configurations of the facility and
?e presence of special aquatic sites
e.g., vegetated shallows) in the vicinity
of the proposed work. (Sections LO and
404)
, 8. Oil and Gos Structures. Structures
for the exploration, production, and
transportation of oil, gas, and minerals
on the outer continental shelf within
areas leased for such purposes by the
DOI, Minerals Management Service
(MMS).'Such structures shall [lot be
placed within the limits of any
designated shipping safety fairway or
traffic separation scheme, except
temporary anchors that comply with the
fairway regulations in 33 CFK 322.5(1).
(Where such limits have not been
designated, or where changes are
anticipated, District Engineers will
consider asserting discretionary
authority in accordance with :33 CFR
330.4(e) and will also review such
proposals to ensure they comply with
the provisions of the fairway regulations
in 33 CPR 322.5(1). Any Corps review
cinder this permit will be limited to the
effects on navigation and national
security in accordance with 33 CH
.322.5(n). Such structures will riot be
placed in established danger zones or
restricted areas as designated in 33 CFR
part 334: nor will such structures be
permitted in EPA or Corps designated
dredged material disposal areas.
(Section 10)
9. Structures in Fleeting and
Anchorage Areas. Structures, buoys,
floats and other devices placed within
anchorage or fleeting areas to facilitate
moorage of vessels where the USCG has
established such areas for that purpose.
(Section 10)
, 10. Mooring Buovs. Non-commercial,
single-boat, mooring buoys. (Section 10)
11. Temporary Recreational
Structures. Temporary buoys, markers,
small floating docks, and similar
structures placed for recreational use
during specific events such as water
skiing competitions and boat races or
seasonal use provided that such
structures are removed within 30 clays
after use has been discontinued. At
Corps of Engineers reservoirs, the
reservoir manager must approve each
buoy or marker individually. (Section
10)
s12. Utility Line Activities. Activities
required for the construction,
maintenance and repair of utility lines
and associated facilities in waters of the
US as follows:
(i) Utility lines: The construction,
maintenance, or repair of utility lines,
including outfall and intake structures
and the associated excavation, backfill,
or bedding for the utility lines, in all
waters of the US, provided there is no
change in preconstrruction contours. A
"utility line" is defined as any pipe or
pipeline for the transportation of any
gaseous, liquid, liquescent, or slurry
substance, for any purpose, and any,
cable, line, or wire for the transmission
for any purpose of electrical energy,
telephone, and telegraph messages, and
radio and television communication
(sec Note 1, below). Material resulting
frorn trench excavation may be
temporarily sidecast (up to three
months) into waters of the US, provided
that the material is not placed in such
a manner that it is dispersed by currents
or other forces. The District Engineer
may extend the period of temporary side
casting not to exceed a total of 180 davs,
where appropriate. In wetlands, the top
6" to 12" of the trench should normally
be b,uckfilled with topsoil from the
trench. Furthermore, the trench cannot
be constructed in such a manner as to
drain waters of the US (e.g., backfilling
with extensive gravel layers, creating a
french (train effect). For example, utility
line trenches can be backfilled with clay
blocks to ensure that the trench does not
drain the waters of the US through
which the utility line is installed. Any
exposed slopes and stream banks must
be stabilized immediately upon
completion of the utility line crossing, of
each waterbody.
(ii) Utility line substations: The
construction, maintenance, or
expansion of a substation facility
associated with a power line or utility
line in non-tidal waters of the US,
excluding non-tidal wetlands adjacent
to tidal waters, provided the activity
does not result in the loss of greater than
'h-acre of non-tidal waters of the US.
(iii) Foundations for overhead utility
line towers, poles, and anchors: The
construction or maintenance of
foundations for overhead utility line
towers, poles, and anchors in all waters
of the US, provided the foundations are
the mininttun size necessary and
separate footings for each tower leg
(rather than a larger single pad) are used
where feasible.
(iv) Access roads: The construction of
access roads for the construction and
maintenance of utility lines, including
overhead power lines and utility line
substations, in non-tidal waters of the
US, excluding non-tidal wetlands
adjacent to tidal waters, provided the
discharges cto not cause the loss of
greater than 1/2-acre of non-tidal waters
of the US. Access roads shall be the
minimum width necessary (see Note 2,
below). Access roads must be
constructed so that the length of the
road minimizes the adverse effects on
waters of the US and as near as possible
to proconstruction contours and
2080 federal Register / Vol. 67, No. lo/Tuesday, January 15, 2002 / Notices
elevations (e.g., at grade corduroy roads
or geolextile/gravel roads). Access roads
constructed above preconstructiou
contours and elevations in waters of the
JS must be properly bridged or
culverted to maintain surface flows.
'File terur "utility line" does not
include activities which drain a water of
the US, such as drainage tile, or french
(trains; however, it does apply to pipes
conveying drainage from another area.
For the purposes of this NWP, the loss
of waters of the US includes the filled
area plus waters of the US that are
adversely affected by flooding,
excavation, or drainage as a result of the
project. Activities authorized by
paragraph (i) through (iv) may not
exceed a total of /nacre loss of waters
of the US, Waters of the US temporarily
affected by filling, flooding, excavation,
or drainage, where the project area is
restored to preconstructiou contours
and elevation, is not included in the
calculation of permanent loss of waters
of the US. This includes temporary
construction [hats (e.g., timber, steel,
gc:otoxtile) used during construction and
removed upon completion of the work.
Where certain functions and values of
waters of the US are permanently
adversely affected, such as the
conversion of a forested wetland to a
herbaceous wetland in the permanently
maintained utility line right-of-way,
mitigation will be required to reduce the
adverse effects of the project to the
rninf n1al level.
Mechanized land clearing necessary
for the construction, maintenance, or
repair of utility lines and the
construction, maintenance and
expansion of utility line substations,
foundations for overhead utility lines,
and access roads is authorized, provided
the cleared area is kept to the minimum
necessary and prpconstruction contours
are maintained as near as possible. The
area of waters of the US that is filled,
excavated, or flooded must be limited to
the minimum necessary to construct the
utility line, substations, foundations,
and access roads, Excess material must
be removed to upland areas
immediately upon completion OF
construction. This NWP may authorize
utility lines in or affecting navigable
waters of the US even if there is no
associated discharge of dredged or fill
material (See 33 CFR part 322).
Notification: The permittee must
notify the District Engineer in
accordance with General Condition 13,
if any of the following criteria are met: I
(a) Mechanized land clearing in a
forested wetland for the utility line i
right-of-way;
(b) A Section 10 permit is required; t
(c) The utility line in waters of the
US, excluding overhead lines, exceeds
500 feet;
(d) The utility lino is placed within a
jurisdictional area (i.e., water of the IIS)
and it runs parallel to a strcarn bed that
is within that jurisdictional area;
(e) Discharges associated with the
construction of utility line substations
that result in the loss of greater than 1/1"
acre of" water"; of the US; or
(f) Permanent access roads
constructed above grade in ovalr.rs of the
US for a distance of more than 500 feet.
(g) Permanent access roods
constructed in waters of the US wit.lt
impervious materials. (Sections 10 and
404)
Note 1: Overlusid utility lines constructed
over Section 10 waters and utility tines that
are routed in or under Sectino 10 waters
without a discharge of dredged or fill
mnterfat require a Section 10 permit; except
for pipes or pipelines used to transport
gaseous, liquid, IiquescGnt, or slurry
substances over navigable waters of ttre liS,
which are considered to lie bridges, not
utility lines, and pray require a permit from
the USCG pursuant to section 9 of the Rivers
and I larbors Act of 1£199. However, uuy
discharges of dredgecl or fill naterial
associated with such pipelines will require a
Corps permit under Section 4o4.
Note 2: Access roads used for both
construction and nraintenarce may be
authorized, provided they meet the terms aui
conditions of this NWP. Access roads used
solely for construction of the utility tine oust
be reurovcd upon cornpletion of the work and
the area restored to proconstntctiou contocus,
elevations, and wetland conditions,
Temporary access roads for construction may
be authorized by NVVP 33.
Note 3: Where the proposed utility line is
CoustrUCted or installed in navigable waters
of the US (i.e., Section 10 waters), copies of
the, PCN and MVP verification wilt he seat
by the Corps to the National Oceanic and
Atmospheric Administration (NOAH),
National Ocean Service (NOS), for charting
the utility line to protect navigation.
•13. Bank Stabilization. Bank
stabilization activities necessary for
erosion prevention provided the activity
meets all of the following criteria:
a. No material is placed more than the
mfnfrnum needed for rnrosion protection;
b. The bank stabilization activity is
less than 500 feet in length;
c. The activity will not exceed an
average of one cubic yard per running
foot placed along the bank below the
plane of the ordinary high water mark
or the high tide line;
d. No material is placed in any special
aquatic site, including wetlands;
e. No material is of the type, or is
)laced in any location, or in any
manner, to impair surface water flow
nto or out of any wetland area;
f. No material is placed in a manner
hat will be eroded by normal or
expected high flows (properly anchored
Irees and treetops may be used in low
energy areas); and,
g. The activity is part of a single and
complete project.
Hank stabilization activities in excess
of 500 feet ill length or greater than an
average of one cubic yard per running
foot may he authorized if the permittee
notifies the District Engineer in
accordance with the "Notificatior£"
C;crreral Condition 13 and the District
Engineer determines the activity
complies with the other teens and
conditions of the NWP and the adverse
environmental effects are, minimal both
individually and cumulatively. This
NWP may not be used for the
channelization of waters of the US.
(Sections 10 and 404)
r14. Linear Transportation Projects.
Activities required for the construction,
expansion, modification, or
improvement of linear transportation
crossings (e.g., highways, railways,
trails, airport runways, and twxiways) in
waters of the US, including wetlands, if
the activity moets the following criteria:
a. This NWP is subject to the
following acreage limits:
(1) For linear transportation projects
in non-tidal waters, provided the
discharge does not cause the loss of
greater thallV acre of waters of the US;
(2) for linear transportation projects
in tidal waters, provided the discharge
does not cause the loss of greater than
'/3-acre of waters of the US.
b. The permittee must notify the
District Engineer in accordance with
General Condition 13 if any of the
following criteria are met:
(1) The discharge causes the loss of
greater than 'ho-acre of waters of the US;
or
(2) 't'here is a discharge ill a special
aquatic site, including wetlands;
c. The notification must include a
compensatory mitigation proposal to
offset permanent losses of waters of the
US to ensure that those losses result
only in minimal adverse effects to the
aquatic environtnent and a statement
describing how temporary losses wilt he
fninimized to the maximum extent
practicahle;
d. For discharges in special aquatic;
sites, including wetlands, and stream
riffle and pool complexes, the
notification must include a delineation
of the affected special aquatic: sites;
e. The width of the fill is limited to
the minimum necessary for the crossing;
f. This permit does not auLhOrize
stream channelization, and the
authorized activities must not cause
more than minimal changes to the
hydraulic flow characteristics of the
strcarn, increase flooding, or cause more
Federal Register / Vol. G7, No. 10 /'Tuesday, January 15, 2002 / Notices 20131
than minimal degradation of water
quality of any stream (see General accordance with the "Notification"
General Condition; or (b) hydropower navigable waters of the US (see 33 CFR
322.5(g)). (Se(:tions 10 and 404)
Conditions 9 and 21);
g. This permit cannot be used to projects for which the FERC has granted 20. Oil Spill Cleanup. Activities

authorize non-linear features commonly an exemption from licensing pursuant
to section 408 of' the Energy Security required for the containment and
cleanup of oil and hazardous substances
associated with transportation projects,
such as vehicle maintenance or sto Act of 1980 (1G U.S.C. 2705 and 2708) which are subject to the National Oil
rage
buildings, parking lots, train stations, or and section 30 of the Federal Power Act
as amended; provided the permittee , and Hazardous Substances Pollution
Contingency Plan (40 CFR part 300)
aircraft hangars; and
h. The crossing is it sin
le and notifies the District Engineer in provided that the work is clone in
g
complete project for crossing waters of accordance with the "Notification" accordance with the Spill Control and

the US. Where a road segment (i.o
the General Condition. (Section 404)
M Countermeasure Plan required by 40
.,
shortest segment of a road with 18..
inor Discharges. Minor CFR 112.3 and any existing state

independent utility that is part of a discharges of dredged or fill material contingency plan and
provided that the

larger project) has multiple crossings of into n11 waters of the US if the activity Regional Response Team (if one exists

streams (several single and complete mol.e.ts all of the following criteria: in the area) concurs with the proposed

projects) the Corps will consider o. The quantity of discharged material

''nd the volume of uea excavated do
t containment and cleanup action.
(Sections 10 and 404
)
whether it should use its discretiontcc
y
authority to require an Individual no
exceed 25 cubic: yards below the plaice 21. Surface Coal Mining Activities.

Permit (Sections 10 and 404) of the ordinary high water mark or the Discharges of dredged or fill material

Not(!: Some discharges for the construction
f f
d high tide line;
1)
• The clischnrge
including any into waters of the US associated with
surface coal mining and reclamation
o
arm roa
s, forest roans, or temat
pDry
roads for moving mining equipment may be ,
excavated area, will not cause the loss
operations provided the coal mining

eligible for an exemption from the need for
of more than'/ni-act'e of a special activities are authorized b the DOI,
ac by
a Section 404 permit (see 3:3 CUR 323.4). aquatic site, including wetlands. For the Office of Surface Mining (USM), or by
15. U. S. Coast Guard Approved purposes of this NWP, the acreage states with approved programs under
Bridges. Discharges of dredged or fill limitation includes the filled area and V of the Surface Mining Control

m
aterial incidental to the construction
of bridges across navigable waters of the d area plus special

excavate plus aquatic sites
that are adversely affected by flooding and
and Rec
lamation Act of 1977 and
p
ro
v
provided the perimittee notifies the

US, including cofferdams, abutments
and special aquatic sites that are Dis
t
rict Engineer accordance with the
''
,
foundation seals, piers, and temporary
drained so that they would no longer be Notification" General Condition. In
;addition
to be authorized b
thi
NWP

construction aril access fills provided
such discharges have been authorized
a water of the US as a result of the
project; ,
y
s
,
the District Engineer must determine

by the USCG as part of the bridge
c. If the discharge, including any that the activity complies with the terms

permit Causeways and approach fills
excavated area, exceeds 10 cubic yards and conditions of the NWP and that the
adverse environmental effects are

are not included in this NWP and will
below the plane of the ordinary high ,
?rinimal both individually and
require an individual or regional
Section 404 permit. (,Section 404) water mark or the high tide line or if the
discharge is in it special aquatic site, cumulatively arid must notif the
y

. 16. Return Water Prom Uplond
including wetlands, the permittee project sponsor of this determination in
writing. The Corps
at the discretion of
Contained Disposal Areas. Return water notifies the District Engineer in ,
the District Engineer
may re
uire a
from upland, contained dredged accordance with the ''Notification" ,
q
bond to ensure success of the
material disposal area. The dredging
itself may require a Section 404 permit General Condition. For discharges in
special aquatic sites, includin mitigation, if no other Federal or state

(33 CH 323.2(d)), but will require a g
wetlands, the notification must also agency has required one. For discharges
in special aquatic sites
including
Section 10 permit if located in navigable
'
' include it delineation of affected special ,
wetlands, and stream riffle and pool
waters of the US.
T
ile return water from aquatic sites, including wetlands (also complexes
the notification must also
it contained disposal area is
administratively,defined as a discharge see 33 CFR 330.1(e)); and
of. The dischar
e
including all ,
include a delineation of affected special

of dredged material by 33 CFR 323.2(d), ,
g
attendant features, both temporary and aquatic sites, including wetlands. (also,
see 33 CFR 330
1(e))
even though the disposal itself occurs
on the upland and does not require it permanent, is part of it single and
complete project and is not placed for .
Nlitit;ation: In determining the aced
for as well as the level and type of
Section 404 permit. This NVVP satisfies the purpose of it stream diversion, mitigation, the District Engineer will
the technical requirement for it Section (Sections 10 and 404) ensure no more than minimal adverse
404 permit for the return water where 19. Minor Dredging. Dredging of no effects to tlce aquatic environment
the quality of the return water is more than 25 cubic yards below the occur. As such, District En
ineers will
controlled by the state through the plane of the ordinary high water mark g
determine on a case-by-case basis the
Section 401 certification procedures, or the mean high water mark from requirement for adequate mitigation to
(Section 404)
- 17. Hydropower Projects. Discharges navigable waters of the US (i.e., Section
10 waters) as part of a single and ensure the effects to aquatic systems are
minimal. In cases where OSM or the
of dredged or fill material associated complete project. This NWP does not state has required mitigation for the loss
with (a) small hydropower projects at authorize the dredging or degradation of aquatic habitat, the Corps may
existing reservoirs where the project,
which includes the fill, are licensed by through siltation of coral reefs, sites that
support submerged aquatic ve
etation consider this in determining appropriate
i
i
i

the Federal Energy Regulatory g
(including sites where submerged m
gat
t
on under Section 404. (Sections
10 and 404)
Commission (FERC) under the Federal aquatic vegetation is documented to 22. Removal of Vessels. Temporary
Power Act of 1920, as amended; and has exist, but may not be present in a given structures or minor discharges of
a total generating capacity of not more
than 5000 kW; and the permittee year), anadromous fish spawning areas,
or wetlands
or the conn
ti
f
l dreclged or fill material required for the

notifies the District Engineer in ,
ec
on o
cana
s
or other artificial waterways to removal of wrecked, abandoned, or
disabled vessels, or the removal of man-
2082 Federal Register/ Vol. 67, No. 10 / Tuusday, January 15, 2002 / Notices
made obstructions to navigation.'[ leis
NWP does not authorize the removal of
vessels listed or determined eligible for
listing gin the National Register of
Historic: Places unless the I)istrict
i?nginuer is notified and indicates that
there is compliance with the "historic
Propurlies" General Condition. This
NWP does not authorize maintenance
dredging, shoal removal, or riverbank
snagging. Vessel disposal in waters of
the US may need a permit from EPA
(see 40 CFR'229.3), (Sections 10 and
404)
23. Approved Categorical Lxchrsions.
Activities undertaken, assisted,
authorized, regulated, funded, or
financed, in whole or in part, by anotho
Federal agency or department where
that agency or department has
de.terrnined, pursuant to tine Council orn
Environmental Quality Regulation for
Implementing the Procedural Provisions
of the National Environmental Policy
Act (NEPA) (40 CFR part 1500 et seq.),
that the activity, work, or discharge is
categorically excluded from
environmental documentation, because
it is included within a category of
actions which neither individually nor
crunulatively have it significant effect err
the htuunn environment, and the Office
of the Chief of Engineers (ATTN: CECVV-
OR) has been furnished notice of the
agency's or department's application for
the categorical exclusion and concurs
with that determination. Before
approval for purposes of this NWP of
any agency's categorical exclusions, the
Chief of Engineers will solicit public
comment. In addressing these
comments, the Chief of Engineers may
require curtain conditions for
authorization of an agency's categorical
exclusions under this NWP. (Sections
10 and 404)
24. State Administered Section 404
Program. Any activity permitted by it
state administering its own Section 404
permit program pursuant to 33 U.S,C.
1344(g)-(I) is permitted pursuant to
section 10 of the Rivers and Harbors Act
of 1899. Those activities that do not
involve a Section 404 slate permit are
riot included in this NWP, but certain
structures will be exempted by section
154 of Pub. L. 94-587, 90 Stat. 2917 (33
U.S.C. 591) (see 33 CFR 322.3(x)('2)).
(Section 10)
25. Struchu-al Discharges. Discharges
of material such as concrete, sand, rock,
etc., into tightly sealed forms or cells
where the material will be used as a
structural member for standard pile
supported structures, such as bridges,
transnui;;siou line footings, and
walkways or for general navigation,
such as mooring cells, including the
excavation of bottom material from
within the form prior to the discharge c
concrete, scud, rock, etc. Phis NWP
does not authorize filled structural
members that would support buildings,
building pods, homes, liouse pads,
parking areas, storago areas and other
such structures. The structure itself iua
require it Section to permit if focatect in
navi(;abin_ waters of the CIS. (Section
404)
26. [Reservcdj
27. Stream and tVetland pestoration
Activities. Activities in waters of tile tjS
associated with the restoration of former
waters, the enhancement of degraded
tidal and non-tidal wetlands and
riparian areas, tilt; creation of tidal and
r non-tidal wetlands and riparian areas,
and the restoration and enhancement of
non-tidal streams and nor-tidal open
water areas as follows:
(a) The activity is conducted on:
(1) Non-Federal public; lands and'.
private lauds, in accordance with the
terms and cooditiOn s of a biuding
wetland enhancement, restoration, or
creation agreement between the
landowner and the U.S. Fish and
Wildlife Service (FWS) or the Natural
Resources Conservation Service (NRCS),
the National Marine Fisheries Service,
the National Ocean Service, or
voluntary wetland restoration,
enhancement, and creation actions
documented by the NRCS pursuant to
NRCS regulations; or
(2) Reclaimed surface coal mine
lands, in accordance with it Surface
Mining Control and Reclamation Act
permit issued by the OSlvf or the
applicable state agency (tire future
reversion does not apply to strealus or
wetlands created, restored, or enhanced
as mitigation for the mining impacts,
nor naturally dire to hydrulogic or
topographic features, nor for it
mitigation bank); or
(3) Any other public, private or tribal
lands;
(h) Notification: For activities on any
public or private land that are not
described by paragraphs (a)(1) or (a)(2)
above, the pormittoe must notify the
Oistrrict Engineer in accordance with
General Condition 13; and
(c) Planting of only native species
should occur on the site.
Activities authorized by this NWP
include, to the extent that a Corps
permit is required, but are not limited
to: tine removal of aCCnntdated
sediments; the installation, removal,
and maintenance of sumll water control
structures, dikes, and berms; tiro
installation of current deflectors; file
enhancement, restoration, or creation of
riffle and pool stream structure; tilt',
placement of in-stream habitat
structures; modifications of the stream
?f bed and/or banks to restore or create
stream nu iimle's; the backfillim, of
artificial channels and draina, eu ditches;
the removal of existing drainage
structures; the construction of snuril
nustinr; islands; the construction of opiur
y water areas; the construction of oyster
habitat over uuvegetated bottom in tidal
waters; activities needed to reestablish
vegetation, including plowing or rliscing
for seed becl preparation and the
planting of appropriate wetland species;
nwchanized land clearing to remove
nor-native invasive, exotic or eusiance.
vegetation; and other related activities.
'['his NMI does not authorize the
conversion of it stream to another
aquatic use, such as the creation of an _
irrupouurlnleut for waterfowl habitat.
This NWP does met authorize stream
channelization. This NWP does not
atrthorire the conversion of natural
wetlands to another aquatic use, such as
creation of waterfowl impoundments
where a forested wetland previously
existed. However, this NWP authorizes
the relocation of non-tidal waters,
including non-tidal wetlands, oil tile
project site provided there are net gains
in aquatic resource functions and
valves. For example, this NWP may
authorize the creation of an open water
impoundment in it non-tidal emergent
wetland, l:rrovidnd the non-tidal
emergent wetland is replaced by
creating that wetland type on the project
site. This NWP does not authorize the
relocation of tidal waters or the
conversion of tidal waters, including
tidal wetlands, to other aquatic uses,
such as the conversion of tidal wetlands
into open water impoundments.
Revcrsian. For enhancement,
restoration, and creation projects
conducted under paragraphs (a)(3), this
NVVP does not authorize any future
discharge of dredged or fill material
associated with the reversion of the area
to its prior condition. In such cases it
separate permit would be required for
any reversion. For restoration,
enhancement, and creation projects
conducted under paragraphs (a)(1) and
(ut)(2), dais NWP also authorizes any
future discharge of dredged or fill
material associates] with the reversion of
the area to its documented prior
condition and use (i.e., prior to the
restoration, enhancement, or creation
activities). The reversion nnust occur
within five years after expiration or a
limited terrrl wetland restoration or
creation agreement or permit, even if the
discharge, occurs after this NVVP expires.
This NWP also authorizes the reversion
of wetlands that were restored,
enhanced, or created on prior-converted
cropland that has riot been abandoned,
in accordance with a binding agreement
Federal Register / Vol. 07, No. 10 /'I'uosday, January 15, 2002 / Notices 2083
between the landowner and NI:(-,'S or
FWS (even though the restoration,
enhancement, or creation activity did
not require a Section 404 permit). The
five-year reversion limit does not apply
to agreements without time limits
reached under paragraph (a)(1). The
prior condition wilt he documented in
the original agreement or permit, and
the determination of return to prior
conditions will be made by the Federal
agency or appropriate state agency
executing the agreement or permit.
Before any reversion activity the
permittee or the appropriate Federal or
state agency must notify tho District
Engineer and include the
documentation of till, prior condition.
Once an area has reverted to its prior
physical condition, it will be subject to
whatever the Corps Regulatory
requirements will be at that future date.
(Sections 10 and 404)
Note: Compensatory uriti};alion is not
required for activities authorized by this
NWP, provided the authorized work results
in a net increase in aquatic resource
functions and values in the project area. This
NWP can be used to authorize compensatory
mitigation projects, including mitigation
banks, provided the permittee notifies the
District Engineer in accordance with General
Condition 13, and the project includes
compensatory mitigation for impacts to
waters of the US caused by the authorized
work. However, this NWP does not authorize
the reversion of an area used for a
compensatory mitigation project to its prior
condition. NWP 27 can be used to authorize
impacts at a mitigation bank, but only in
circumstances where it has been approved
under the Interagency Federal Mitigation
Bank Guidelines.
28. Modifications of Existing Marinas.
Reconfiguration of existing clocking
facilities within an authorized marina
area. No dredging, additional slips, dock
spaces, or expansion of any kind within
waters of the US-is authorized by this
NWP. (Section 10)
29. Single-family Housing. Discharges
of dredged or fill material into non-tidal
waters of the US, including non-tidal
wetlands for the construction or
expansion of a single-family home and
attendant features (such as a garage,
driveway, storage shed, and/or septic
field) for an Individual Permittee
provided that the activity meets all of
the following criteria:
a. The discharge does not cause the
loss of more than Vi-acre of non-tidal
waters of the US, including non-tidal
wetlands;
b. The permittee notifies the District
Engineer in accordance with the
"Notification" General Condition;
c. The permittee has taken all
practicable actions to minimize the oui-
site and off-site impacts of the
discharve. For example, the location of
the home nray need to be adjusted on-
site to avoid flooding of adjacent
property owners;
d. The clischargo is part of a single
and complete project; furthermore, that
for any subdivision created on or after
November 22, 1901, the discharges,
authorized under this NWP may not
exceed an aggregate total loss of waters
of the U, of V, -acre for the entire
subdivision;
r;. Air individual may use this NWP
only for a single-family home for it
personal residence;
f. This NVVP may he used only once
per parcel;
g. This MVP may not be usr,d in
conjunction with NVVP 14 or NWT' 1£3,
for any [[)arcel; and,
h. Sufficient vegetated buffers must be
maintained adjacent to all open water
bodies, streams, etc., to preclude water
quality cegradation due to erosion and
sedimentation.
For the purposes of this NWP, the
acreage of loss of waters of the US
includes the filled area previously
permitted, the proposed filled area, and
any other waters of the US that are
adversely affected by flooding,
excavation, or drainage as a result of the
project. This NWP authorizes activities
only by individuals; for this purpose,
the term "individual" refers to a natural
person and/or a married couple, but
does not include a corporation,
partnership, or similar entity. For the
purposes of this NWP, a parcel of land
is defined as "the entire contiguous
quantity of land in possession of,
recorded as property of, or owned (in
any form of ownership, including land
owned as a partner, corporation, joint
tenant, etc.) by the same individual
(and/or that individual's spouse), and
comprises not only the area of wetlands
sought to be filled, but also all land
contiguous to those wetlands, owned by
the individual (and/or that individual's
spouse) in any form of ownership."
(Sections 10 and 404)
30. Moist Soil Management for
Wildlife. Discharges of dreclgecl or fill
material and maintenance activities that
are associated with moist soil
management for wildlife performed on
non-tidal Federally-owned or managed,
state-owned or managed property, and
local government agency-owned or
managed property, for the purpose of
continuing ongoing, site-specific,
wildlife management activities where
soil manipulation is used to manage
habitat and feeding areas for wildlife.
Such activities include, but are not
limited to: The repair, maintenance or
replacement of existing water control
structures; the repair or maintenance of
dikes; and plowing or discing to impecle
suc.,cc?ssion, prepare seed bells, or
ostnhlish fire; breaks. Sufficient
vegetated buffers must be. maintained
adjacent to all open water bodies,
streams, etc., to preclude water quality
degradation clue to erosion and
sedimentation. This NWP does not
aurthorize the construction of new dikes,
roads, water control structures, etc.
associated with the management areas,
This NWP does not authorize converting
wetlands to uplands, impoundments or
other opc;n water bodies. (Section 404)
31. Moint enonce of Existing Flood
Control Facilities. Discharge of dredge
or fill material resulting from activities
associated with the maintenance of
existing flood control facilities,
including dehi-is basins, retention/
detentimi basiris, and channels that
W were previously authorize( by the
Corps by Individual Permit, General
Permit, by 33 CFR 330.3, or did not
require a permit at the time it was
constructed, nr
(ii) were constructed by the Corps and
transferred to a non-Federal sponsor for
operation and maintenance. Activities
authorized by this NWP are limited to
those resulting from maintenance
activities that are conducted within the
"maintenance baseline," as described in
the definition below. Activities
including the discharges of dredged or
fill materials, associated with
maintenance activities in flood control
facilities in any watercourse that has
previously been determined to be
within thn maintenance baseline, are
authorized under this NWP. The NWP
does not authorize the removal of
sediment and associated vegetation from
the natural water courses except to the
extent that these have been included in
the maintenance baseline. All dredged
material must be placed in an upland
site or an authorized disposal site in
waters of the US, and proper siltation
controls must b0' used. (Activities of any
kind that result in only incidental
fallback, or only the cutting and
removing of vegetation above; the
ground, e.g., mowing, rotary cutting,
and chainsawing, where the activity
neither substantially disturbs the root
system nor involves mechanized
pushing, draggutg, or other similar
activities that redeposit excavated soil
material, do not require a Section 404
permit in accordance with 33 CFR
323.2(d)('2)),
Notification: After the maintenance
baseline is established, and before any
maintenance work is conducted, the
permittee must notify the District
Engineer in accordance with the
"Notification" General Condition. Tire
nolificatiou may be for activity-specific
r.
2084 Federal Register / Vol. 67, No. 10 /'Tuesday, January 15, 2002/ Notices
uraiutenance or for maintenance of the
entire flood control facility by However, if one-time mitigation is
required for iinp acts associated with activity subject to the terms and
c:onditious of this NVVP and the
submitting a five year (or less)
maintenance
lan maintenance activities, the District
E
i seltlenunrt agrec?nient, including a
p
.
Motntenuncc Baseline: The ng
neer will not clelay rueded
maintenance, provided the District specified completion dnto: or
(ii) The lurms of a heal Federal court
mainteuanc e baseline is If description of
the physical characteristcs depth, Eugureer and [lie permittee establish a
schedule for identification
a
roval decision, consent decree. or settlement
a
recr
t
lti
f

width, length, location, configuration, o
design flood capacity
etc
) of a flood ,
pp
,
r development, construction and
l g
uon
resu
ng
rom an
enforcement action brought by the U.S.
,
.
control project within which comp
etion of any such required
mitigation. Once the one-time, raider section 404 of' the CWA and/or
section 10 of the Rivers and Harbors Act
maintenance activities are normally
authorized by NWP 31, subject to any mitigation described above has been
completed, or a determination made of 1890; or
(iii) The terms of a filial court
case-specific conditions required by the
District Engineer, The District Engineer that mltigation is not required, no
further mitigation will be required for decision, consent decree, settlement
agreement, or non-judicial settlement
will approve the maintenance baseline
hased on the approved or constructed maintenance activities within the
i al;reument resulting from a natural

capacity of the flood control facility ma
ntenance baseline. In determining
a
i
t
iti
i resource daruage claim brought by If
,
whichever is smaller, including any ppropr
a
e m
gat
on, the District
Engineer will give special consideration trustee or trustees for natural resources
(as defined by the National Contingency
areas where there are no constructed
channels
but which are
art of the to natural water courses that have been
i
l
d flan ?it 40 CFR subpart G) render section
,
p
facility. If no evidence of the nc
u
ed in the maintenance haseline
and require compensatory mitigation 311 of the; Clean Water Act (MA),
section 107 of the Comprehensive
constructed capacity exist, the approved
constructed capacity will be used
The and/or 13MPs as appropriate
L'
Si
i Elivironnreu[al Response, Compensation
-
.
prospective permittee will provide rnergency
tuat
ons: In emergency
situations, this NWP may be used to and Liability Act ((
:I?RCI,A or
Supcrfund), section 312 of the National
documentation of the physical
characteristics of the flood control authorize maintenance activities in
flood control facilities for which no Marine; Sanctuaries Act (NNISA), section
1002 of the Oil Pollution Act of 1
990
facility (which will normally consist of
as-built or approved drawings) and maintenance baseline has been
ap
roved
Emer
enc
it
ti .
(OPA), or the Park System Resource
P
i
`

documentation of the design capacities
of the flood control facilit
The p
.
g
y s
ua
ons are
those which would result in an
t
bl
h
d rotect
on Act at 16 U.S.C.
l9jj, to the
extent that a Cor )5 permit is required.
y.
documentation will also include BMI's unaccep
a
,.czar
e
to life, a significant
loss of property, or an immediate, For dither (i), ii) or (iii) above,
compliance is a cundition of the NWP
to ensure that the impacts to the aquatic unforeseen, and significant economic itself. Any authorization under this
environment are minimal, especially in hardship if action is not taken before a NWP is automatically revoked if the
maintenance areas where there are no maintenance baseline can be approved. permittee does not comply with the
constructed channels. (The Corps may in such situations, life determination of terms of this NVVP or the terms of the
request maintenance records in areas
where there has not been recent mitigation requirements, if any, may be
deferred until the emergency has been court decision, consent decree, or
judicial/non-judicial settlement
maintenance.) Revocation or
modification of the final determination resolved. Once the emergency has
ended, a maintenance baseline must be agreement or tails to complete the work
by the specified completion date. This
of the maintenance baseline can only be established expeditiously, and NWP does not apply to any activities
done in accordance with 3,9 CFR 330.5. mitigation, including mitigation for occurring after the date of the decision,
Except in emergencies as described
below
this NVVP can not be used u
til maintenance conducted during the decreo, or agreement that are not for the
,
n
the District Engineer approves the emergency, must be required as purposo of mitigation, restoration, or
i

maintenance baseline and determines appropriate. (Sections 10 and 404)
32. Completed Enforcement Actions. env
ronmental benefit. B,Jore reaching
any settlement agreement, the Corps
the need for mitigation and any regional Any structure, work or discharge of will ensure compliance with the
or activity-specific conditions. Once dredged or fill material, remaining in provisions of 33 CFR part 326 and 33
determined, the maintenance baseline place, or undertaken for mitigation, CFR 330.6 (d)(2) and (e). (Sections 10
will remain valid for any subsequent restoration, or environmental benefit in and 404)
reissuance of this NWP. This permit
does not authorize maintenance of a compliance with either:
(i) The terms of a final written Cor
s 33. Temporary Construction, Access
and 17ervotering. 't'emporary structures

flood control facility that has been p
non-judicial settlement agreement ,
work and discharges, including
abandoned. A flood control facility will resolving a violation of section 404 of cofferdams, necessary for construction
be considered abandoned if it has the CWA and/or section 10 of the Rivers activities or access fills or dewatering of
operated at a significantly reduced and Harbors Act of 1899; or the terms construction sites; provided that the
capacity without needed maintenance of an EPA 309(x) order on consent associated primary activity is authorized
being accomplished in a timely manner.
Mitigatiou: The District En
ineer will resolving a violation of section 404 of by the Corps of Engineers or the [1SCG,
g
determine any required mitigation one- the CWA, provided that:
a. The unauthorized activity affected or for other construction activities not
subject to the Corps or USCG
time only for impacts associated with no more than 5 acres of non-tidal regulations. Appropriate measures Must
maintenance work at the same time that wetlands or 1 acre of tidal wetlands; be taken to maintain near normal
the rnahitenance baseline is approved. b. The settlement agreement provides downstream flows and to minimize
Such one-time mitigation will be for environmental benefits, to an equal flooding. Fill must be of materials
and

required when necessary to ensure that
adverse environmental impacts are no
or greater degree, than the
i
l ,
.
placed in a manner, that will not be

more than minimal, both individually env
ronmenta
detriments caused by the
unauthorized activity that is authorized eroded by expected high flows. The use
of dredged material may be allowed if
and cumulatively. Such mitigation will by Ulis MVP; and it is determined by the District Engineer
only be required once for any specific c. The District Engineer issues a that it will not cause more than minimal
reach of a flood control project, verification letter authorizing the adverse effects on aquatic resources.
Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices
20f35
Temporary fill must be entirely remove
to upland areas, or dredged material
returned to its original location,
following completion of the
construction activity, and the affected
areas must be restored to the pre-project
conditions. Cofferdams cannot be used
to dowater wetlands or other aquatic
areas to change their use. Structures left
in place after cofferdams are removed
require a Section 10 permit if located in
navigable waters of the U.S. (See 33 CFR
part 322). The permittee must notify the
District Engineer in accordance with the
"Notification'' General Condition. The
notification must also include a
restoration plan of reasonable measures
to avoid and minimize adverse effects to
aquatic resources. The District Engineer
will add Special Conditions, where
necessary, to ensure environmental
adverse effects is minimal. Such
conditions may include: limiting the
temporary work to the minimum
necessary; requiring seasonal
restrictions; modifying the restoration
plan; and requiring alternative
construction methods (e.g. construction
inats in wetlands where practicable.).
(Sections 10 and 404)
34. Cranberry Production Activities.
Discharges of dredged or fill material for
dikes, berms, pumps, water control
structures or leveling of cranberry beds
associated with expansion,
enhancement, or modification activities
at existing cranberry production
operations provided that the activity
meets all of the following criteria:
a. The cumulative total acreage of
disturbance per cranberry production
operation, including but not limited to,
filling, flooding, ditching, or clearing,
does not exceed 10 acres of waters of the
U.S., including wetlands;
b. The permittee notifies the District
Engineer in accordance with the
"Notification" General Condition. The
notification must include a delineation
of affected special aquatic sites,
including wetlands; and,
c. The activity does not result in a net
loss of wetland acreage. This NWP does
not authorize any discharge of dredged
or fill material related to other cranberry
production activities such as
warehouses, processing facilities, or
parking areas. For the purposes of this
NWP, the cumulative total of 10 acres
will be measured over the period that
this N- WP is valid. (Section 404)
35. Maintenance Dredging of Existing
Basins. Excavation and removal of
accumulated sediment for maintenance
of existing marina basins, access
channels to marinas or boat slips, and
boat slips to previously authorized
depths or controlling depths for ingress/
egress, whichever is less, provided the
d dredged material is disposed of at all
upland site and proper siltation control
are used. (Section 'to)
36. Boat Ramps. Activities required
for the construction of boat ramps
provided:
a. The discharge into waters of the
U.S. does not exceed 50 cubic yards of
concrete, rock, crushed stone or gravel
into forms, or placement of pre-cast
concrete planks or slabs. (Unsuitable
material that causes unacceptable
chemrcal pollution or is structurally
unstable is not authorized);
b. The boat ramp does not exceed 20
feet in width;
c. The base material is crushed stone,
gravel or other suitable material;
d. The excavation is limited to the
area necessary for site preparation and
all excavated material is removed to the
upland; and,
e. No material is placed in special
aquatic sites, including wetlands.
Another NWP, Regional General
Permit, or Individual Permit may
authorize dredging to provide access to
the boat ramp after obtaining a Section
10 if located in navigable waters of the
U.S. (Sections 10 and 404)
37. Emergency Watershed Protection
and Rehabilitation. Work done by or
funded bv:
a. The MRCS which is a situation
requiring immediate action under its
emergency Watershed Protection
Program (7 CFR part 624); or
b. The USES under its Burned-Area
Emergency Rehabilitation Handbook
(FSII 509.13); or
c. The DOI for wildland fire
management burned area emergency
stabilization and rehabilitation (DOI
Manual part 620, Ch. 3).
For all of the above provisions, the
District Engineer must be notified in
accordance with the General Condition
13. (Also, see 33 CFR 330.1(e)).
(Sections 10 and 404)
38. Cleanup of Hazardous and Toxic
Waste. Specific activities required to
effect the containment, stabilization, or
removal of hazardous or toxic waste
materials that are performed, ordered, or
sponsored by a government agency with
established legal or regulatory authority
provided the permittee notifies the
District Engineer in accordance with the
"Notification" General Condition. For
discharges in special aquatic sites,
including wetlands, the notification
must also include a delineation of
affected special aquatic sites, including
wetlands. Court ordered remedial action
plans or related settlements are also
authorized by this NWP. This NWP does
not authorize the establishment of new
disposal sites or the expansion of
existing sites used for the disposal of
hazardous or toxic waste. Activities
s undertaken entirely on a
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) site by authority of
CERCLA as approved or required by
EPA, are not required to obtain permits
under section 404 of the CWA or section
10 of the Rivers and Harbors Act.
(Sections 10 and 404)
39. Residential, Commercial, and
Institutional Developments. Discharges
of dredged or fill material into non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters, for the
construction or expansion of residential,
commercial, and institutional building
foundations and building pads and
attendant features that are necessary for
the use and maintenance of the
structures. Attendant features may
include, but are not limited to, roads,
parking lots, garages, yards, utility lines,
stormwater management facilities, and
recreation facilities such as
playgrounds, playing fields, and golf
courses (provided the golf course is an
integral part of the residential
development). The construction of new
ski areas or oil and gas wells is not
authorized by this NW11.
Residential dovelopments include
multiple and single unit developments.
Examples of commercial developments
include retail stores, industrial facilities,
restaurants, business parks, and
shopping centers. Examples of
institutional developments include
schools, fire stations, government office
buildings, judicial buildings, public
works buildings, libraries, hospitals,
and places of worship. The activities
listed above are autlorized, provided
the activities meet all of the following
criteria:
a. The discharge does not cause the
loss of greater than 1/2-acre of non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters;
b. The discharge does not cause the
loss of greater than 300 linear-feet of a
stream bed, unless for intermittent
stream beds this criterion is waived in
writing pursuant to a determination by
the District Engineer, as specified
below, that the project complies with all
terms and conditions of this NWP and
that any adverse impacts of the project
on the aquatic environment are
minimal, both individually and
cumulatively;
c. The permittee must notify the
District Engineer in accordance with
General Condition 13, if any of the
following criteria are met:
(1) The discharge causes the loss of
greater than 'ho-acre of non-tidal waters
of the US, excluding non-tidal wetlands
adjacent to tidal waters; or
2086 Federal Register / Vol. 67, No. 10 / Tuesday, Januarv 15. 2002 / Nntir,Pq
(2) The discharge causes the loss of
any open waters, including perennial or
intermittent streams, below the ordinary
high water mark (see Note, below); or
N The discharge causes the loss of
greater than 300 linear feet of
intermittent stream bed. In such case, to
be authorized the District Engineer must
determine that the activity complies
with the other terms and conditions of
the NWP, determine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
it, writing before the permittee may
proceed;
d. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
e. The discharge is part of a single and
complete project;
f. The permittee must avoid and
minimize discharges into waters of the
US at the project site to the maximum
extent practicable. The notification,
when required, must include a written
statement explaining how avoidance
and minimization of losses of waters of
the US were achieved on the project
site. Compensatory mitigation will
normally be required to offset the losses
of waters of the US. (See General
Condition 19.) The notification must
also include a compensatory mitigation
proposal for offsetting unavoidable
losses of waters of the US. If an
applicant asserts that the adverse effects
of t11e project are minimal without
mitigation, then the applicant may
submit justification explaining why
compensatory mitigation should not be
required for the District Engineer's
consideration;
g. When this NMI is used in
conjunction with any other NWP, any
combined total permanent loss of waters
of the US exceeding 1/lo-acre requires
that the permittee notify the District
Engineer in accordance with General
Condition 13;
h. Any work authorized by this NWP
must not cause more than minimal
degradation of water quality or more
than minimal changes to the flow
characteristics of any stream (see
General Conditions 9 and 21);
i. For discharges causing the loss of
1/lo-acre or less of waters of the US, tale
permittee must submit a report, within
30 days of completion of the work, to
the District Engineer that contains the r
following information: (1) The name,
address, and telephone number of the
permittee; (2) The location of the work;
(3) A description of the work; (4) The
type and acreage of the loss of waters of i
the US (e.g., 1/iz-acre of emergent t
wetlands); and (5) The type and acreage f
of any compensatory mitigation used to
offset the loss of waters of the US
1/1--acre of emergent wetlands created
on-site);
j. If there are any Opel, waters or
streams within the project area, the
permittee will establish and maintain, t
the maximum extent practicable, _
wetland or upland vegetated buffers
next to those open waters or streams
consistent with General Condition 19.
Deed.restrictions, conservation
easements, protective covenants, or
other means of land conservation and
preservation are required to protect and
maintain the vegetated buffers
established on the project site.
Only residential, commercial, and
institutional activities with structures
on the foundation(s) or building pad(s),
as well as the attendant features, are
authorized by this NWP. The
compensatory mitigation proposal that
is required in paragraph (e) of this NWP
may be either conceptual or detailed.
The wetland or upland vegetated buffer
required in paragraph (i) of this NWP
will be determined on a case-by-case
hasis by the District Engineer for
addressing water quality concerns. The
required wetland or upland vegetated
buffer is part of the overall
compensatory mitigation requirement
for this NWP. If the project site was
previously used for agricultural
purposes and the farm owner/operator
used NWP 40 to authorize activities in
waters of the US to increase production
or construct farm buildings, NWP 39
cannot be used by the developer to
authnrize additional activities. This is
more than the acreage limit for NWP 39
impacts to waters of the US (i.e., the
combined acreage loss authorized under
NWPs 39 and 40 cannot exceed V -acre,
see General Condition 15).
Subdivisions: For residential
subdivisions, the aggregate total loss of
waters of US authorized by NWP 39 can
not exceed 1h-acre. This includes any
loss of waters associated with
development of individual subdivision
lots. (Sc;ctions 10 and 404)
Note: Areas where wetland vegetation is
not present should be determined by the
presence or absence of au ordinary high
water mark or bed and bank. Areas that are
waters of the US based on this criterion
would require a PCN although water is
nfrequently present in the stream channel
except for ephemeral waters, which do not
equine PCNs).
40. Agriculturol Activities. Discharges
of dredged or fill material into non-tidal
waters of the US, excluding non-tidal
wetlands adjacent to tidal waters, for
mproving agricultural production and
he construction of building pads for
arm buildings. Authorized activities
include the installation, placement, or
construction Of drainage tiles, ditches,
or levees; mec:llanized land clearing;
Lind leveling; the relocation of existing
serviceable drainage ditches constructed
in waters of the US; and similar
0 activities, provided the permittee
complies with the following terms and
conditions:
a. For discharges into non-tidal
wetlands to improve agricultural
production, the following criteria must
be met if the permittee is an United
Slates Department of Agriculture
(i_1SDA) Program participant:
(1) The permittee must obtain a
categorical minimal effects exemption,
minimal effect exemption, or mitigation
exemption from NRCS in accordance
with the provisions of the Food Security
Act of 1985, as amended (16 U.S.C. 3801
of seq.);
(2) The discharge into non-tidal
wetlands does not result in the loss of
greater than 1/2-acre of non-tidal
wetlands on it farm tract;
(3) The permittee must have NRCS-
certified wetland delineation;
(4) The permittee must implement an
NRCS-approved compensatory
mitigation plan that fully offsets
wetland losses, if required; and
(5) The permittee must submit a
report, within 30 days of completion of
the authorized work, to the District
Engineer that contains the following
information: (a) The name, address, and
telephone number of the permittee; (b)
The location of the work; (c) A
description of the work; (d) The type
and acreage (or square feet) of the loss
of wetlands (e.g., V-3-acre of emergent
wetlands); and (e) The type, acreage (or
square feet), and location of
compensatory mitigation (e.g. 1/3-acre of
emergent wetland on a farm tract;
credits purchased from a mitigation
batik); or
b. For discharges into non-tidal
wetlands to improve agricultural
production, the following criteria must
be met if the permittee is not a USDA
Program participant (or a USDA
Program participant for which the
proposed work does not qualify for
authorization under paragraph (a) of this
NWP):
(1) The discharge into 11011-tidal
wetlands does not result in the loss of
greater than 1/z-acre of non-tidal
wetlands on a farm tract;
(2) The permittee must notify the
District Engineer in accordance with
General Condition 13, if the discharge
results in the loss of greater tlwn 1/1o-
acre of non-tidal wetlands;
(3) The notification must include a
delineation of affected wetlands; and
Federal Register/Vol. G7, No. 10 /'Tuesday, January 15, 2002/Notices 20£37
(4) The notification must include a discharge qualifies for an exemption ditches to their original dimensions and
compensatory mitigation proposal to
offset losses of waters of the US; or under section 404(f) of the CVVA, even
though a cate
orical minim
l
ff
t configuration, which does not require a
S

c. For the construction of building
pads for farm buildings
the dischar
e g
e
a
ec
s
exemption, minimal effect exemption, ection 404 permit (see 33 CFR
323.4(a)(3)). This NWP does not
,
g
does not cause the loss of greater than
1 or mitigation exemption from NhCS
pursuant to the Food Security Act of authorize tthc relocation of drainage
ditches constructed in waters of th
US

/2-acre of non-tidal wetlands that were
in agricultural production prior to
1985, as amended, may be required.
Activities authorized by
ara
ra
hs a e
;
the location of the centerline of the
h

December 23, 1985, farmed
wetlands) and the permittee must notif p
g
p
.
through cl. may not exceed a total of c/z- res
aped drainage ditch must be
approximately the same as the location
y
the District Engineer in accordance with acre on a single faun tract. If the site wa
used for agricultural purposes and the s of the centerline of the original drainage
ditch
This NWP does not auth
i

General Condition 13; and
d. Any activity in other waters of the
farm owner/operator used either
ara ra hs a
b
or c
Of this NWP to
p g p .
or
ze
stream channelization or stream
US is limited to the relocation of

existing serviceable drainage ditches .,
.,
..
authorize activities in waters of the US relocation projects. (Section 404)
42. Recreational Facilities. Discharges

constructed in non-tidal streams. This to increase agricultural production or
construct farm buildings
and the of dredged or fill material into non-tidal

NWP does not authorize the relocation
of greater than 300 linear-feet of existin ,
current landowner wants to use NVVI' 39 waters of the US, excluding non-tidal
wetlands adjacent to tidal ovaters
for the
g
serviceable drainage ditches constricted to authorize residential, commercial, or
industrial development activities in ,
c;onstructiou or expansion of

in non-tidal streams unless, for drainage
waters of the US on the site
the recreational facilities, provided the
ditches constructed in intermittent non- ,
combined acreage loss authorized by activity meets all of the following

tidal streams, the District Engineer
waives this criterion in writing, and the
NWPs 39 and 40 cannot exceed '/z acre
(see General Condition 15)
(Section criteria

a.
The
discharge does not cause the
District Engineer has determined that .
404) of -
l
loss of greater than acre of non-tidal
the project complies with all terms and 41. Reshaping Existing Drainage waters of the US, excluding non tidal
conditions of this NWP, and that any Ditches. Discharges of dredged or fill wetlands adjacent to tidal waters;
adverse impacts of the project on the material into non-tidal waters of the US h. The discharge does not cause the
aquatic environment are minimal, both ,
excluding non-tidal wetlands adjacent hiss of greater than 300 linear-feet of a
individually and cumulatively. For to tidal waters, to modify the cross- stream bed, unless for intermittent
impacts exceeding 300-linear feet of sectional configuration of currently
stream beds this criterion is waived in
impacts to existing serviceable ditches serviceable drainage ditches constructed "riling pursuant to a determination by
constructed in intermittent non-tidal in waters of the US. The reshaping of the District Engineer, as specified
streams, the permittee must notify the the ditch cannot increase drainage below, that the project complies with all
District Engineer in accordance with the
" capacity beyond the original design terms and conditions of this NWP and
Notification" General Condition 13; capacity. Nor can it expand the area that any adverse impacts of the project
and

e. The term ''farm tract" refers to a drained by the ditch as originally

designed (i.e.., the capacity of the ditch
ot ' environment are
on the a , both'
minimal, both individually and
parcel of land identified by the Farm must be the same as originally designed cumulatively;
Service Agency. The Corps will identify and it cannot drain additional wetlands c. The permittee notifies the District
other waters of the US on the farm tract. or other waters of the US). Engineer accordance with the
NRCS will determine if a proposed
agricultural activity meets the terms and Compensatory nritigation is not required
because the work is designed to im
rove "Notification" General Condition 13 for
discharges exceeding 300 linear feet of
conditions of paragraph a. of this NW-P, p
water quality (e.g., by regrading the impact of intermittent stream beds. In
except as provided below. For those drainage ditch with gentler slopes, such cases, to be authorized the District
activities that require notification, the which can reduce erosion
increase Engineer roust determine that the
District Engineer will determine if a
proposed agricultural activity is ,
growth of vegetation, increase uptake of
nutrients and other substances b activity complies with the other terms
and conditions of the NW), determine
authorized by paragraphs b., c., and/or y
vegetation, etc.). the adverse environmental effects are
d. of this NWP. USDA Program Notification: The permittee must minimal both individually and
participants, requesting authorization for
dischar
es of dred
ed or fill mat
i
l notify the District Engineer in cumulatively, arid waive this limitation
g
g
er
a accordance with General Condition 13 if in writing before the permittee may
into waters of the US authorized by greater than 500 linear feet of drainage proceed;
paragraphs (c) or (d) of this NV%Fll, in ditch will he reshaped. Material d. For discharges causing the loss of
addition to paragraph (a), must notify
the District En
ineer in accordance
ith resulting from excavation may not be greater than Vio-acre of non-tidal waters
g
w
General Condition 13 arid the District permanently sidecast into waters but
may be temporarily sidecast (up to three of the US, the permittee notifies the
District Engineer in accordance with
Engineer will determine if the entire months) into waters of the US, provided General Condition 13;
single and complete project is
authorized by this NVVP. Dischar
es of the material is not placed in such a
h
i
i
d e. For discharges in special aquatic:
g
dredged or fill material into waters of manner t
at
t
s
ispersed by currents
or other forces. The District Engineer sites, including wetlands, the
notification must include a delineation
the US associated with completing may extend the period of temporary of affected special aquatic sites;
required compensatory nritigation are
authorized by this NWP. I lowever, total sidecasting not to exceed a total of 180
days, where appropriate. In general, this f. The discharge is part of a single and
complete project; and
impacts, including other authorized
impacts under this NWP, may not NWP does not apply to reshaping
drainage ditches constructed in g. Compensatory mitigation will
normally be required to offset the losses
exceed the Ih-acre limit of this NWP.
This NWP does not affect
or othe
i uplands, since these areas are generally of waters of the US. The notification
,
rw
se
regulate, discharges associated with not waters of the US, and thus no permit
from the Corps is required, or to the must also include a compensatory
mitigation proposal to offset authorized
agricultural activities when the maintenance of existing drainage losses of waters of the US.
2088 Federal Register/Vol. 67, No. l 0 / Tuesday, January 15, 2002 / Notices
For the purposes of this NWP, the
tern' "recreational facility" is defined as greater than 1/2-acre of non-tidal waters
of the US
excludin
non-tidal
tl
d that are exempt from Section 404 permit

a recreational activity that is integrated
into the natural landscape and does not ,
g
we
an
s
adjacent to tidal waters;
b. The disclrarge does not caus
th requirements);
1. The permittee must avoid and
i
i

substantially change preconstruction e
e
loss of greater than 300 linear-feet of a m
n
mize discharges into waters of the
US at tyre project site to the maximum
grades or deviate from natural landscape
contours. For the purpose of this permit stream beet, unless for intermittent
stream beds this criterion is waiv
d i extant practicable, and the notification
,
the primary function of recreational
f e
n
writing pursuant to a determination by most include a written statement to the
District Engineer detailing compliance
acilities does not include the use of
motor vehicles, buildings, or impervious the District Engineer, as specified
below, that the project complies with all with this condition (i.e. wiry the
discharge must occur in waters of the
surfaces. Examples of recreational
facilities that may be authorized by this terms pnd conditions of this NWP and
that any adverse impacts of the project US and,vliy additional minimization
h

NWP include hiking trails, bike paths,
horse paths, nature centers, arid
on the aquatic environment are
minimal
both individuall
a
d cannot
e achieved);
g. The storrwater management

campgrounds (excluding trailer parks). ,
y
n
cumUlatively; facility must comply with General
Condition 21 and be desi
ned usin

This NWP may authorize the
c. For discharges causing the loss of g
g
BMPs and watershed protection
construction or expansion of golf
courses and the expansion of ski areas greater than 300 linear feet of
intermittent stream beds
the
ermitte techniques. Examples may include
,
provided the golf course or ski area does ,
p
e
notifies the District Engineer in forebays (deeper areas at the upstream
end of the stormwater mana
ement
riot substantially deviate from natural
landscape contours. Additionally
these accordance with the "Notification"
General Condition 13
In such cases
t g
facility that would be maintained
,
activities are designed to minimize .
,
o
be authorized the District Engineer must through excavation), vegetated buffers,
and siting considerations to minimize
adverse effects to waters of the US and
riparian areas through the use of such determine that the activity complies
with the other terms and conditions of advorse effects to aquatic resources.

practices as integrated pest
the NWP, determine the adverse Another example of a I3NIP would be
bioengineering methods incorporated
management, adequate stormwater
management facilities, vegetated buffers, environmental effects are minimal both
individually and cumulatively
and into the facility design to benefit water

reduced fertilizer use, etc. The facility ,
waive this limitation in writing before quality and minimize adverse effects to

must have an adequate water quality
the permittee may proceed; aquatic resources from storm flows,

especially downstream of the facility
management plan in accordance with

General Condition 9, such as a d. The discharges of dredged or fill

material for the construction of new ,
that provide, to the maximum extent

stormwater management facility, to
stormwater management facilities in practicable, for long term aquatic

ensure that the recreational facility
perennial streams is not authorized; resource protection and enlnaacement;
h. Maintenance excavation will be in
results in no substantial adverse effects e. For discharges or excavation for the accordance with air approved
to water quality. This NWP also
authorizes the construction or construction of new stormwater
management facilities or for the raintenance plan and will not exceed

expansion of small support facilities,
maintenance of existing stormwater the original contours of the facility as
approved and constructed; and
such as maintenance and storage
buildings and stables that are directly management facilities causing the loss
of greater than 'ho-acre of non-tidal i. 'I'll(, discharge is part of a single and

related to the recreational activity. This
waters, excluding non-tidal wetlands complete project. (Section 404)
44. Mining Activities. Discharges of
NWP does not authorize other adjacent to tidal waters, provided the dredged or fill material into:
buildings, such as hotels, restaurants, permittee notifies the District Engineer M Isolated waters; streams where the
etc. The construction or expansion of in accordance with the "Notification" annual average flow is I cubic foot per
playing fields (e.g., baseball, soccer, or General Condition 13. In addition, the second or less
and non-tidal wetlands
football fields), basketball and tennis notification must include: ,
adjacent to headwater streams
for
courts, racetracks, stadiums, arenas, and
the construction of new ski areas are not (1) A maintenance plan. The
maintenance plan should be in ,
aggregate mining (i.e., sand, gravel, and

authorized by this NWP. (Section 404)
accordance with state and local crushed and broken stone) and
associated support activities;
43. StorrnwnterManagement requirements, if any such requirenents (ii) Lower perennial streams

Facilities. Discharges of dredged or fill
material into non-tidal waters of the US,
exist;
(2) For discharges in special aquatic; ,
excluding wetlands adjacent to lower
l

excluding non-tidal wetlands adjacent
sites, including wetlands and perennia
streams, for aggregate minin;
activities (support activities in lower
to tidal waters, for the construction and submerged aquatic vegetation, the perennial streams or adjacent wetlands
maintenance of stormwater management
facilities, including activities for the notification must include a delineation
of affected areas; and are not authorized by this NWP); and/

excavation of stormwater ponds/
(3) A compensatory mitigation or
(iii) isolated waters and non-tidal
facilities, detention basins, and proposal that offsets the loss of waters wetlands adjacent to headwater streams

retention basins; the installation and
of the US. Maintenance in constructed ,
for hard rock/mineral mining activities
maintenance of water control structures, areas will not require mitigation (i.e.
extraction of rnetalliferouS ores
outfall structures and emergency provided such maintenance is ,
from subsurface locations) and
spillways; and the maintenance
dredging of existing stormwater accomplished in designated
maintenance areas and not withi associated support activities, provided

management ponds/facilities and n
compensatory mitigation areas (i.e., the discharge meets the following
criteria:
detention and retention basins,
provided the activity meets all of the District Engineers may designate nor'-
maintenance areas, normally at the a. The mined area within waters of
the US, plus the acreage loss of waters
following criteria:
a. The discharge for the construction downstream end of the stormwater
management facility
in existing of the US resulting from support
ti
iti
d 1

of new stormwater management ,
stormwater management facilities). (No ac
v
es, cannot excee
h.-acre;
b. 'Tire permittee must avoid and
facilities does not cause the loss of mitigation will be required for activities minimize discharges into waters of the
Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2089
US at the project site to the maxirnunt
extent practicable, and the notification
must include a written statement
detailing compliance with this
condition (i.e., why the discharge must
occur in waters of the US and why
additional minimization cannot be
achieved);
c. In addition to General Conditions
17 and 20, activities authorized by this
permit must not substantially alter the
sediment characteristics of areas of
concentrated shellfish beds or fish
spawning areas. Normally, the
mandated water quality management
plan should address these impacts;
d. The permittee must implement
necessary measures to prevent increases
in stream gradient and water velocities
and to prevent adverse effects (e.g., head
cutting, bank erosion) to upstream and
downstream channel conditions;
e. Activities authorized by this permit
must not result in adverse effects on the
course, capacity, or condition of
navigable waters of the US;
f. The permittee must use measures to
minimize downstream turbidity;
g. Wetland impacts must he
compensated through mitigation
approved by the Corps;
Fl. Beneficiation and mineral
processing for hard rock/mineral mining
activities may not occur within 200 feet
of the ordinary high water mark of any
open waterbody. Although the Corps
does not regulate discharges from these
activities, a CWA section 402 permit
may be required;
i. All activities authorized must
comply with General Conditions 9 and
21. Further, the District Engineer may
require modifications to the required
water quality management plan to
ensure that the authorized work results
in minimal adverse effects to water
quality;
j. Except for aggregate mining
activities in lower perennial streams, no
aggregate mining can occur within
stream beds where the average annual
flow is greater than 1 cubic foot per
second or in waters of the US within
100 feet of the ordinary high water mark
of headwater stream segments where the
average annual Flow of the stream is
greater than 1 cubic foot per second
(aggregate mining can occur in areas
immediately adjacent to the ordinary
high water mark of a stream where the
average annual flow is 1 cubic; foot per
second or less);
k. Single and complete project: The
discharge must be for a single and
complete project, including support
activities. Discharges of dredged or fill
material into waters of the US for
multiple mining activities on several
designated parcels of a single and
comulete mining operation can be
authorized by this NWP provided the
'/-acre limit is not exceeded; and
1. Notification: The permittee must
notify the District Engineer in
accordance with Ceneral Condition 13.
The notification must include: (1) A
description of waters of the US
adversely affected by the project; (2) A
written statement to the District
Engineer detailing compliance with
paragraph (b), above (i.e., why the
discharge must occur in waters of the
US and why additional minimization
cannot be achieved); (3) A description o
measures taken to ensure that the
proposed work complies with
paragraphs (c) through (f), above; and (4
A reclamation plan (for aggregate
mining in isolated waters and non-tidal
wetlands adjacent to headwaters and
hard rock/mineral mining only).
This NWP does not aut'horize hard
rock/rninoral rniicing, including placer
mining, in streams. No hard rock/
mineral mining can occur in waters of
the US within 100 feet of the ordinary
high water mark of headwater streams.
The term's "headwaters- and ''isolated
waters'' are defined at 33 CFR 330.2(d)
and (e), respectively. For the purposes
of this NWP, the term "lower perennial
stream'' is defined as follows: "A stream
in which the gradient is low and water
velocity is slow, there is no tidal
influence, some water flows throughout
the year, and the substrate consists
mainly of sand and mud." (Sections 10
and 404)
C. Nationwide Permit General
Conditions
The following General Conditions
must be followed in order for any
authorization by an NWP to be valid:
1. Navigation. No activity may cause
more than a minimal adverse effect oil
navigation.
2. Proper Maintenance. Any structure
or fill authorized shall be properly
maintained, including maintenance to
ensure public safety.
3. Soil Erosion and Sediment
Controls. Appropriate soil erosion and
sediment controls must be used and
maintained in effective operating
condition during construction, and all
exposed soil and other fills, as well as
any work below the ordinary high water
mark or high tide line, must be
permanently stabilized at the earliest
practicable date. Permittees are
encouraged to perform work within
waters of the United States during
periods of low-flow or no-flow.
4. Aquatic Life Movements. No
activity may substantially disrupt the
necessary life-cycle movements of those
species of aquatic life indigenous to the
waterbody, including those species that
normally migrate through the area,
unless the activity's primary purpose is
to impound water. Culverts placed in
streauls must he installed to maintain
low flow conditions.
5. Equipment. Heavy equipment
working in wetlands must he placed on
mats, or other measures must be taken
to minimize soil disturbance.
0. Regional and Case-Rv-Case
Conditions. The activity must comply
with any regional conditions that may
have been added by the Division
f Engineer (see 33 CFR 330.4(e)).
Additionally, anv case specific
conditions added by the Corps or by the
state or tribe in its Section 401 Water
Quality Certification and Coastal Zone
Management Act consistency
determination.
7. Wild and Scenic Rivers. No activity
may occur in a component of the
National Wild and Scenic River System;
or in a river officially designated by
Congress as a ''study river'' for possible
inclusion in the system, while the river
is in an official study status; unless the
appropriate Federal agency, with direct
management responsibility for such
river, has determined in writing that the
proposed activity will not adversely
affect the Wild and Scenic River
designation, or study status. Information
on Wild and Scenic Rivers may be
obtained froin the appropriate Federal
land management agency in the area
(e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management,
U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its
operation may impair reserved tribal
rights, including, but not limited to,
reserved water rights and treaty fishing
and hunting rights.
9. Water Quality. (a) In certain states
and tribal lands an individual 401 Water
Quality Certification must be obtained
or waived (See 33 CFR 330.4(c)),
(h) For NWPs 12, 14, 17, 18, 32, 39,
40, 42, 43, and 44, where the state or
tribal 401 certification (either
generically or individually) does not
require or approve water quality
management measures, the permittee
must provide water quality management
measures that will ensure that the
authorized work does not result in more
than minimal degradation of water
quality (or the Corps determines that
compliance with state or local
standards, where applicable, will ensure
no more than minimal adverse effect on
water quality). An important component
of water quality management includes
stormwater management that minimizes
degradation of the downstream aquatic
system, including water quality (refer to
General Condition 21 for stormwater
2090 federal Register/Vol. 67, No, 10 / Tuesday, January 15, 2002 / Notices
management requirements). Another
important component of water quality endspp.html and http://wivw.n/ins,govl
prot
res/esahome.html res
ectivel written notice from the District or
Di
i
i
E
i

management is the establishment and
i _
p
y.
12, llistoric Properties. No activity v
s
on
ng
neer. Subsequently, the
permittee:'s right to proceed under the
ma
ntenance of vegetated buffers next to
open waters, including streams (refer to which may affect historic properties
listed
or eligible for listin
in th NWI' may he modified, suspended, or

General Condition 19 for vegetated ,
g,
e
National Register of Historic Places is revoked only in accordance with the
procedure set forth in 33 CFR
buffer requirements for the NWPs). authorized, until the District Engineer 330.5(d)(2)

This condition is only applicable to
has complied with the provisions of 33 .
(b) Contents of Notification: The
projects that have the potential to affect CFR part 325, Appendix C;. The notification must be in writing and
water quality. While appropriate
measures must be taken, in most cases prospective pernrittee most notify the
District Engineer if the authorized include the following information:

it is not necessary to conduct detailed
studies to identify such measures or to
activity' may affect any historic
Properties listed
determined to be (1) Name, address and telephone
numbers of the prospective pernrittee;

require monitoring, ,
eligible, or which the prospective
i (2) Location of the proposed project;
(3) Brief description of the proposed
10. Coastal Zone Monagernent. In
certain states, an individual state coastal perrn
ttee has reason to believe may be
eligible for listing on the National
project's
Ipro1ect the purpose; direct and

zone management consistency

Register of Historic; Places, and shall not
b

indirect adverse environmental effects
r
the project would cause; an
other
concurrence must be obtained or waived
(see Section 330.4(d)) egin the activity until notified by the
1
District Engineer that the requirements y
NVVI (s), Regional General Permit(s), or

11. Endangered Species. (a) No
of the National Historic Preservation Act
h
b Individual Permit(s) used or intended to
be used to authorize any
art of the
activity is authorized under any NWP
which is likely to jeopardize the ave
een satisfied and that the activity
is authorized. Information on the p
proposed project or any related activity.

continued existence of a threatened or
location and existence of historic Sketches should be provided when

endangered species or a species
resources can be obtained from the State
Hi
t
i
P necessary to show that the activity
complies with the terms of the NVVP
proposed for such designation, as
identified under the Federal Endangered s
or
c
reservation Office and the
National Register of Historic Places (see (Sketches usually clarify the project and

Species Act (ESA), or which will 33 CFR 330.4(8)). For activities that ma
y when provided result in a quicker
decision
);
destroy or adversely modify the critical

habitat of such species. Non-federal affect historic properties listed in, or
eligible for listing in, the National .
(4) For NWPs 7, 12, 14, 1t3, 21, 34, 38,

permittees shall notify the District

Engineer if any listed species or
Register of Historic Places, the
notification must state which historic: 39, 41, 42, and 43, the PCN must also

include a delineation of affected special

designated critical habitat might be

affected or is in the vicinity of the
property may be affected by the

proposed y
work or include a vicinit aquatic sites, including wetlands,

vegetated shallows (e.g., submerged

project, or is located in the designated

i
i
l h
b ma
p indicating the location of the
historic pro
ert aquatic vegetation, seagrass beds), and

riffle and pool complexes (see paragraph
cr
t
ca
a
itat and shall not begin work
on the activity until notified by the p
y.
13. Notification. 13(f));
District Engineer that the requirements (a) Timing, where required by the (5) For NWP 7 (Outfall Structures and

of the ESA have been satisfied and that terms of the NWP, the prospective Maintenance), the PCN must include

the activity is authorized. For activities
that may affect Federally-listed perrnittee must notify the District
Engineer with a preconstruction information regarding the original
design capacities and configurations of

endangered or threatened species or notification (PCN) as early as possible, those areas of the facility where

designated critical habitat
the The District Engineer must determine if maintenance dredging or excavation is
,
notification must include the name(s) of the notification is complete within 30
days of the date of receipt and can Proposed;
(6) For NWI' 14 (Linear
the endangered or threatened species
that may be affected by the proposed request additional information 'T'ransportation Crossings), the PCN

work or that utilize the designated necessary to make the PCN complete must include a compensatory mitigation

critical habitat that may be affected by only once. However, if the prospective proposal to offset permanent losses of

the proposed work. As a result of formal perrnittee does not provide all of the waters of the US and a statement

or informal consultation with the FWS requested information, then the District describing how temporary losses of

or NMFS the District Engineer may add Engineer will notify the prospective
perrnittee that the notification is still waters of the US will be minimized to
the maximum extent practicable;
species-specific regional endangered
species conditions to the NWPs incomplete and the PCN review process (7) For NWP 21 (Surface Coal Mining
.
(b) Authorization of an activity by a will not commence until all of the Activities), the PCN must include an

NWl does not authorize the "take" of a requested information has been received
by the District Engineer
The Office of Surface Mining (OSM) or state-
approved mitigation plan
if applicable

threatened or endangered species as
defined under the ESA
In the absence .
prospective perrnittee shall not begin ,
.
To be authorized by this NW, the
.
of separate authorization (e.g., an ESA the activit

(1) Unti notified in writing by the District Engineer must determine that

the activity complies with the terms and
Section 10 Permit, a Biological Opinion
with "incidental take" provisions
etc
) District Engineer that the activity may conditions of the NWP and that the
,
.
from the USFWS or the NMFS
both proceed under the NWP with any adverse environmental effects are
,
lethal and non-lethal "takes" of special conditions imposed by the minimal both individually and

protected species are in violation of the District or Division Engineer; or
(2) If notified in writing by the District cumulatively and must notify the
project sponsor of this determination in
ESA. Information on the location of
threatened and endangered species and or Division Engineer that an Individual
P
i
i writing;

their critical habitat can be obtained erm
t
s required; or
(3) Unless 45 days have passed from (8) For NWP 27 (Stream and Wetland
Restoration)
the PCN must include
directly from the offices of the USFWS
and NMFS or their world wide web the District Engineer's receipt of the
complete notification and th ,
documentation of the prior condition of
h

pages at http://wnvtiv.fws.-ovlr9endsppl e
prospective permittee has not received t
e site that will be reverted by the
pernrittee;
Federal Register/Vol. 67, No. 10 / Tuesday, January 15. 2002 / Nntic-„-: 1) (101
(9) For NWP 29 (Single-Family
Housing), the PCN must also include:
(i) Any past use of this NVVP by the
Individual Permittee and/or the
permittee's spouse;
(ii) A statement that the single-farnil
housing activity is for a personal
residence of the permittee;
(iii) A description of the entire parcel
including its size, and a delineation of
wetlands. For the purpose of this NWP,
parcels of land measuring '/.,-acre or les
will not require a formal on-site
delineation. However, the applicant
shall provide an indication of where the
wetlands are and the amount of
wetlands that exists on the property. Fo
parcels greater than '/,-acre in size,
formal wetland delineation must be
prepared in accordance with the current
method required by the Corps. (See
paragraph 13(fl);
(iv) A written description of all land
(including, if available, legal.
descriptions) owned by the prospective
permittee and/or the prospective
permittee's spouse, within a one mile
radius of the parcel, in any form of
ownership (including any land owned
as a partner, corporation, joint tenant,
co-tenant, or as a tenant-by-the-entirety)
and any land on which a purchase and
sale agreement or other contract for sale
or purchase has been executed;
to) For NWP 31 (Maintenance of
Existing Flood Control Projects), the
prospective permittee roust either notify
the District Engineer with a PCN prior
to each maintenance activity or submit
a five year (or less) maintenance plan.
In addition, the PCN must include all of
the following:
(d) Sufficient baseline information
identifying the approved channel
depths and configurations and existing
facilities. Minor deviations are
authorized, provided the approved flood
control protection or drainage is not
increased;
(ii) A delineation of any affected
special aquatic sites, including
wetlands; and,
(iii) Location of the dredged material
disposal site;
(11) For NW1' 33 (Temporary
Construction, Access, and Dewatering),
the PCN must also include a restoration
plan of reasonable measures to avoid
and minimize adverse effects to aquatic
resources;
(1'2) For NW11s 39, 43 and 44, tire PCN
must also include a written statement to
the District Engineer explaining how
avoidance and minimization for losses
of waters of the US were achieved on
the project site;
(13) For NWP 39 and NWP 42, the
PCN must include a compensatory
mitigation proposal to offset losses of
waters of the US or justification
explaining why compensatory
mitigation should not be required. For
discharges that cause the loss of greater
than 300 linear feet of an intermittent
y stream bed, to be authorized, the Distri
Engineer must determine that the
activity complies with the other terms
and conditions of the NWP, determine
adverse environmental effects are
minimal both individually and
s cumulatively, and waive the limitation
on stream impacts in writing before the
permittee may proceed;
e (14) For NWP 40 (Agricultural
Activities), the PCN must include a
r compensatory mitigation proposal to
offset losses of waters of the US. This
NWP does not authorize the relocation
t of greater than 300 linear-feet of existing
serviceable drainage ditches constructed
in non-tidal streams unless, for drainag
ditches constructed in intermittent non-
tidal streams, the District Engineer
waives this criterion in writing, and the
District Engineer has determined that
the project complies with all terms and
conditions of this NWP, and that any
adverse impacts of the project on the
aquatic environment are minimal, both
individually and cumulatively;
(15) For NWP 43 (Stormwater
Managernent Facilities), the PCN must
include, for the construction of new
stormwater management facilities, a
maintenance plan (in accordance with
state and local requirements, if
applicable) and a compensatory
mitigation proposal to offset losses of
waters of the US. For discharges that
cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be
authorized, the District Engineer must
determine that the activity complies
with the other terms and conditions of
the NWP, determine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the permittee may
proceed;
(16) For NWP 44 (Mining Activities),
the PCN must include a description of
all waters of the US adversely affected
by the project, a description of measures
taken to minimize adverse effects to
waters of the US, a description of
measures taken to comply with the
criteria of the NWP, and a reclamation
plan (for all aggregate mining activities
in isolated waters and non-tidal
wetlands adjacent to headwaters and
any hard rock/mineral mining
activities);
(17) For activities that may adversely
affect Federally-listed endangered or
threatened species, the PCN must
include the name(s) of those endangered
or threatened species that may he
affected by the proposed work or utilize
the designated critical habitat that may
be affected by the proposed work; and
(18) For activities that may affect
historic properties listed in, or eligible
ct for listing in, the National Register of
Historic Places, the PCN must state
which historic property may be affected
by the proposed work or include a
vicinity 'nap indicating the location of
the historic property.
(c) Form of Notification: The standard
Individual Permit application form
(Form ENG 4345) may be used as the
notification but must clearly indicate
that it is a PCN and must include all of
the information required in (b) (1)--(1(3)
of General Condition 13. A letter
containing the requisite information
g may also be used.
d (d) District Engineer's Decision: In
e reviewing the PCN for the proposed
activity, the District Engineer will
determine whether the activity
authorized by the NWP will result in
more than minimal individual or
cumulative adverse environmental
effects or may be contrary to the public
interest. The prospective permittee may
submit a proposed mitigation plan with
the PCN to expedite the process. The
District Engineer will consider any
proposed compensatory mitigation the
applicant has included in the proposal
in determining whether the net adverse
environmental effects to the aquatic
environment of the proposed work are
minimal. If the District Engineer
determines that the activity complies
with the terms and conditions of the
NWP and that the adverse effects on the
aquatic environment are minimal, after
considering mitigation, the District
Engineer will notify the permittee and
include any conditions the District
Engineer deems necessary. The District
Engineer must approve any
compensatory mitigation proposal
before the permittee commences work.
If the prospective permittee is required
to submit a compensatory mitigation
proposal with the PCN, the proposal
may be either conceptual or detailed. If
the prospective permittee elects to
submit a compensatory mitigation plan
with the PCN, the District Engineer will
expeditiously review the proposed
compensatory mitigation plan. The
District Engineer must review the plan
within 45 days of receiving a complete
PCN and determine whether the
conceptual or specific proposed
mitigation would ensure no more than
minimal adverse effects on the aquatic
environment. If the net adverse effects
of the project on the aquatic
environment (after consideration of the
compensatory mitigation proposal) are
determined by the District Engineer to
2092_ Federal Register / Vol. 67, No. 10 / Tuesday, January 15, 2002 / Notices
be minimal, the District Engineer will on the notification. The District
provicle a timely written responso to the Engineer will fully consider a
enc the proximity of a public water supply
i
t
k
h

applicant. The response will state that
the project can
roceed under the te g
y
comments received within the specified
ti
f n
a
o except w
ore the activity is for
repair of tho public water supply intake
p
rnis
and conditions of the NWP,
If
h me
rame, but will provide no
response to the resource agency, except structures or adjacent bank stabilization.
17. Shelljish Beds
No activit

t
e District Engineer determines
that the adverse effects of the proposed
as provided helow. The District
Engineer will indicate in the .
y,
including structures and work in

work are more than minimal, then the
Di
administrative record associated with navigable waters of the US or discharges
of dredged or fill material
m
i

strict Engineer will notify the
applicant either; (1) That the project
each notification that the resource
i
' ,
ay occur
n
areas of concentrated shellfish

does not qualify for authorization under agenc
es
concerns were considered. As
required by section 305(b)(4)(1-3) of the populations, unless the activity is

the NWP and instruct the applicant on
the procedures to seek authori
ati
lvlagnuson-Stevens Fishery directly related to a shellfish harvesting
activity authorized by NWP 4.
z
on
under an Individual Permit; (2) that the Conset•vation and Management Act, the
District Engineer will provide a 18. Suitable Material. No activity,

project
is authorized under the NWP
subject to the applicant's submission of
response to NNIhS within 30 days of
i including u•os and work in
navigable wat watersers of the US or discharges

a mitigation proposal that would reduce rece
pt of any Essential Fish Habitat
conservation recommendations of dredged or fill material, may consist

the adverse effects on the aquatic

environment to the minimal level; or (3) ,

Applicants are encouraged to provide
the Corps multiple copies of
of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and
that the project is authorized under the notifications to expedite agency material used for

NWI with specific modifications or
notification discharged must be e free f from toxic
from

conditions. Where the District Engineer .
(t) Wetland Delineations: Wetland
Pollutants in toxic amounts (see section
determines that mitigation is required to delineations most be re rred in 307 of the CWA).
ensure izo more than minimal adverse accordance with the current method 19. Mitigation. The District Engineer
effects occur to the aquatic required by the Corps (For NWP 29 see will consider the factors discussed
environment, the activity will be paragraph (b)(9)(iii) for parcels less than below when determining the
authorized within the 45-day PCN P/,-acre in size). The permittee may ask acceptability of appropriate and
period. The authorization will include the Corps to delineate the special practicable mitigation necessary to
the necessary conceptual or specific aquatic site. '[here may be some delay offset adverse effects on the aquatic
mitigation or a requirement that the if the Corps does the delineation, environment that are more than
applicant submit a mitigation proposal F'urtliermore, the 45-day period will not minimal.
that would reduce the adverse effects on start until the wetland delineation has (a) The project must
designed and
the aquatic environment to the minimal been completed and submitted to the constructed t
avoid and minimize
and
level. When conceptual mitigation is Corps, where appropriate. t
adverse effects to waters of the US to the
included, or a mitigation plan is 14. Compliance Certification. Every maximum extent practicable at the
required under item (2) above, no work permittee who has received NWP project site (i
on site),

in waters of the US will occur until the
verification from the Corps will submit
on
( litig
ati in all its forms
District Engineer has approved a a signed certification regarding the oi
(avoding, minimizing, rectifying,
specific mitigation plan. completed work and any required reducing or compensating) will be
(e) Agency Coordination: The District mitigation. The certification will be required t
the extent necessary t

Engineer will consider any comments
forwarded by the Corps with the t
t
ensure that the adverse effects to the
from Federal and state agencies authorization letter and will include: aquatic environment are minimal.
concerning the proposed activity's (a) A statement that the authorized (c-) Compensatory mitigation at a
compliance with the terms and work was done in accordance with the minimum one-for-one ratio will be
conditions of the NWPs and the need for Corps authorization, including any required for all wetland impacts
mitigation to reduce the project's
adverse environmental effects to a general or specific conditions;
(b) A statement that any required requiring a PCN, unless the District
Engineer determines in writing that
minimal level.
F
i
i
i mitigation was completed in accordance spree other form of mitigation would be
or act
v
t
es requiring notification to
the District Engineer that result in the with the permit conditions; and more environmentally appropriate and

loss of greater than 1/2-acre of waters of (c) The signature of the permittee
certifying the completion of the work provides a project-specific waiver of this
requirement. Consistent with National
the US, the District Engineer will and mitigation, policy, the District Engineer will
provide immediately (e.g., via facsimile 15. Use of Nfultiple Nationwide establish a preference for restoration of'
transmission, overnight mail, or other
expeditious manner) a copy to the Permits. The use of more than one NWP
for a single and complete project is wetlands as compensatory mitigation,
with preservation used only in
appropriate Federal or state offices
(USFWS, state natural resource or water prohibited, except when the acreage loss
of waters of the US authorized by the exceptional circumstances.
(d) Compensatory mitigation (i.e.

quality agency, EPA, State Historic
Preservation Officer (SHPO), and, if
NWPs does not exceed the acreage limit
of the NWP with the hi
hest
ifi
d ,
replacement or substitution of aquatic
f
th
i
d

appropriate, the NMFS). With the g
spec
e
acreage limit (e.g. if a road crossing over resources
or
ose
mpacte
) will not
be used to increase the acreage losses
exception of NWP 37, these agencies
will then have 10 calendar da
s f tidal waters is constructed under NWP allowed by the acreage limits of some of
y
rom
the date the material is transmitted to 14, with associated bank stabilization
authorized by NWP 13, the maximum the NWPs. For example, 'A-acre of
wetlands cannot be created to chan
e a
telephone or fax the District Engineer
notice that they intend to provide acreage loss of waters of the US for the
l g
,/4-acre loss of wetlands to a'/2-acre loss

substantive, site-specific comments. If tota
project cannot exceed 1/3-acre).
16. Water Supply Intakes. No activity, associated with NWP 39 verification.
However
1/2-acre of created wetlands
so contacted by an agency, the District including structures and work in ,
can be used to reduce the impacts of a
Engineer will wait an additional 15
calendar days before making a decision navigable waters of the. US or discharges
of dredged or fill material, may occur ill 1/2.-acre loss of wetlands to the minimum
impact level in order to meet the
Federal Kebister/Vol. G7, No. 10/Tuesday, January 15, 2002/Notices 2MY1
minimal impact requirement associated
with NWPs.
(e) To be practicable, the mitigation
must be available and capable of being
doer; considering costs, existing
technology, and logistics in light of the
Overall project purposes. Examples of
mitigation that may be appropriate and
practicable include, but are not limited
to: reducing the size of the project;
establishing and maintaining wetland or
upland vegetated buffers to protect open
waters such as streams; and replacing
losses of aquatic resource functions and
values by creating, restoring, enhancing,
or preserving similar functions and
values, preferably in flue same
watershed.
(f) Compensatory mitigation plans for
projects in or near streams or other open
waters will normally include a
requirement for the establishment,
maintenance, and legal protection (e.g.,
easements, deed restrictions) of
vegetated buffers to open waters. III
many cases, vegetated buffers will be
the only compensatory mitigation
required. Vegetated buffers should
consist of native species. The width of
the vegetated buffers required will
address documented water quality or
aquatic habitat loss concerns. Normally,
the vegetated buffer will be 25 to 50 feet
wide on each side of the stream, but the
District Engineers may require slightly
wider vegetated buffers to address
documented water quality or habitat
loss concerns. Where both wetlands and
open waters exist on the project site, the
Corps will determine the appropriate
compensatory mitigation (e.g., stream
buffers or wetlands compensation)
based on what is best for the aquatic
environment on a watershed basis. In
cases where vegetated buffers are
determined to be the most appropriate
form of compensatory mitigation, the
District Engineer'rnay waive or reduce
the requirement to provide wetland
compensatory mitigation for wetland
impacts.
(g) Compensatory mitigation
proposals submitted with the
"notification" may be either conceptual
or detailed. If conceptual plans are
approved under the verification, then
the Corps will condition the verification
to require detailed plans be submitted
and approved by [tie Corps prior to
construction of the authorized activity
in waters of the US,
(h) Permittees may propose the use of
mitigation banks, in-lieu fee
arrangements or separate activity-
specific compensatory mitigation. In all
cases that require compensatory
mitigation, the mitigation provisions
will specify the party responsible for
accomplishing and/or complying with
the mitigation plan.
20. Spawning /hens. t\ctivities,
including structures and work in
navigable waters of the US or discharge
of dredged or fill material, in spawning
areas during spawning seasons rilt.rst be
avoided to the uraximum extent
practicable. Activities that result in the
physical destruction (e.g., excavate, till,
or smother downstream by substantial
n turbidity) of rut important spawning area
are not authorized.
21. Mona,,cment of Water Flows. To
the maximum extent practicable, the
activity must he designed to maintain
preconstl'uction downstream flow
conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity
must not permanently restrict or impede
the passage of normal or expected high
flows (unless the primary purpose of the
fill is to impouud waters) and the
structure or discharge of dredged or fill
material must withstand expected high
flows. The activity must, to the
maximum extent practicable, provide
for retaining excess flows from the site,
provide for maintaining surface flow
rates from the site similar to
preconstruction conditions, and provide
for not increasing water flows from the
project site, rc,!ocating water, or
redirecting water flow beyond
preconstruction conditions. Stream
channelizing will be reduced to the
minimal amount necessary, and the
activity must, to the maximum extent
practicable, reduce adverse effects such
as flooding or erosion downstream and
upstream of the project site, unless the
activity is part of a larger system
designed to manage water flows. In most
cases, it will not be a requirement to
conduct detailed studies and monitoring
of water flow.
This condition is only applicable to
projects that have the potential to affect
waterflows. While appropriate measures
must be taken, it is not necessary to
conduct detailed studies to identify
such measures or require monitoring to
ensure their effectiveness. Normally, the
Corps will defer to state and local
authorities regarding management of
water flow.
22. Adverse Effects Frorn
Impoundments. If the activity creates an
impoundment of water, adverse effects
to the aquatic: system due to the
acceleration of the passage of water,
and/or the restricting its flow shall be
minimized to the maximum extent
practicable. This includes structures
and work in navigable waters of the US,
or discharges of dredged or fill material.
23. Waterfowl Breeding Areas.
Activities, including structures and
work in navigable waters of the US or
discharges of dredged or fill material,
into breeding areas for migratory
wah:rfowf must be avoided to the
maximum extent practicable.
s 211. Removal of Temporary Fills. Any
temporary fills trust be removed in their
entirety and the affected areas returned
to their preexisting elevation.
25. Designated Critical Resuurre
Waters. Critical resource waters include.
NOAH-designated marine sanctuaries,
r National Estuarine Research Reserves,
National Wild and Scenic Rivers,
critical habitat for Federally listed
threatened and endangered species,
coral reefs, state natural heritage sites,
and outstanding national resource
waters or other waters officially
designated by a state as having
particular environmental or ecological
significance and identified by the
Dislr•ict Engineer after notice and
opportunity for public comment. The
District Engineer may also designate
additional critical resource waters after
notice and opportunity for comment.
(a) Except as noted below, discharges
of dredged or fill material into waters of'
the US are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42,
43, and 44 for any activity within, or
directly affecting, critical resource
waters, including wetlands adjacent to
such waters. Discharges of dredged or
fill materials into waters of the US may
be authorized by the above NWPs in
National Wild and Scenic Rivers if the
activity complies with General
Condition 7. further, such discharges
may be authorized in designated critical
habitat for Federally listed threatened or
endangered species if the activity
complies with General Condition 11 and
the USFWS or the NMFS has concurred
in a determination of compliance with
this condition.
(h) For NWPs 3, 8, 10, 13, 15, 18, 19,
22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and
38, notification is required in
accordance with General Condition 13,
for any activity proposed in the
designated critical resource waters
including wetlands adjacent to those
waters. The District Engineer may
authorize activities tinder these NWPs
only after it is determined that the
impacts to the critical resource waters
will be no more than minimal.
26. Fills Within 100-YearFloodploins.
For purposes of this General Condition,
100-year floodplains will be, identified
through the existing Federal Emergency
Management Agency's (FEMA) Flood
Insurance Rate Maps or FEMA-approved
local floodplain maps.
(a) Discharges in Floodploin; Below
Headwaters. Discharges of dredged or
fill material into waters of the US within
the mapped 100-year floodplain, below
2094 Federal Register/ Vol. 67, No. IO/Tuesday, January 15, 2002/Notices
headwaters (i.e. five cfs), resulting; in
permanent above-grade fills, arc not
authorized by NWPs 39, 40, 42, 43, amt
44.
(b) Discharges in Ploodway; Abovc
lfeoclwoters. Discharges of dredged or
fill material into waters of the US within
the FEMA or locally mapped floodway,
resulting in permanent above-grade fills,
are not authorized by NWPs 39, 40, 412,
and 44.
(c) The permittee most comply with
any applicable FENIA approved state or
local floodplain management
requirements.
27. Construction Period. For activities
that have not been verified by the Corps
and the project was commenced or
under contract to commence by the
expiration date of the NWP (or
modification or revocation date), the
work must be completed within 12-
months after such date (including any
modification that affects the project).
For activities that have been verified
and the project was commenced or
under contract to commence within the
verification period, the work must be
completed by the date determined by
the Corps.
For projects that have been verified by
the Corps, an extension of a Corps
approved completion date maybe
requested. This request must he
submitted at least one month before the
previously approved completion date.
D. Further Information
1. District Engineers have authority to
determine if an activity complies with
the terms and conditions of an NWP.
2. NWPs do not obviate the need to
obtain other Federal, state, or local
permits, approvals, or authorizations
required by law.
3. NtiVPs do riot grant any property
rights or exclusive privileges.
4. NWPs do not authorize any injury
to the property or rights of others.
5. NWPs do not authorize interference
with any existing or proposed Federal
project.
E. Definitions
Best Management Practices (EMI's):
BMPs are policies, practices,
procedures, or structures implemented
to mitigate the adverse environmental
effects on surface water quality resulting
from development. BMI's are
categorized as structural or non-
structural. A BMP policy may affect the
limits on a development.
COnlP0l?sQtOFY Mitigation: For
purposes of Section 10/404,
compensatory mitigation is the
restoration, creation, enhancement, or in
exceptional circumstances, preservation
of wetlands and/or other aquatic
resources for the purpose or
cornpc:nsating for unavoidable adverse
impacts which remain after ell
appropriat, and practicable avoidance
and nrinirrtization has been achieved.
Creation: The establishment of a
wetland or other aquatic: resource whore
one did not formerly exist.
Enhancement: Activities conducted in
existing wetlands or other aquatic
resources that increase one or more:
aquatic'functious.
Ephemeral Stream: An ephcureral
stream has flowing; water only during
and for a short duration after,
precipitation ovents in a typical year.
Ephemeral stream beds are located
above the water table year-round.
Groundwater is not a source Of water for
the strewn. Runoff from rainfall is the
primary source of water for stream flow.
Farm Tract: A unit of contiguous land
cinder one ownership that is operated as
a farm or part of a,farnr.
Flood Fringe: That portion of the 10o-
year floodplain outside of the floodway
(often referred to as "floodway fringe").
Floodway: The area regulated by
Federal, state, or local requirements to
provide for the discharge of the base
flood so the cumulative increase in
water surface elevation is no more than
a designated amount (not to exceed one
foot as set by the National Flood
Insurance Program) within the 100-yeru,
hood Main.
Independent Utilit7: A test to
determine what constitutes ;r single and
complete project in the Corps regulatory
program. A project is considered to have
independent utility if it would be
constructed absent the construction of
other projects in the project area.
Portions of a multi-phase project that
depend upon other phrases of the project
do not have independent utility. Phases
of a project that would be constructed
even if the other phases were not built
can be considered as separate single and
complete projects with independent
utility.
Intermittent Strearn: An intermittent
stream has tlowimg water during certain
times of the year, when groundwater
provides water for stream flow. During
dry periods, intermittent streams may
not have flowing water. Runoff from
rainfall is a supplemental source of
water for stream flow.
Loss of Waters of the US: Waters of
the US that include the filled area and
other waters that are permanently
adversely affected by flooding,
excavation, or drainage because of the
regulated activity. Permanent adverse
effects include permanent above-grade,
at-grade, or below-grade fills that change
an aquatic area to dry land, increase the
bottom elevation of a waterhody, or
change the use of a waterhodv. The
acreage of loss of waters of the US is the
threshold measurement of the impact to
existing waters for determining whether
a project may qualify for an NWP; it is
1101 a ne[ threshold that is calculated
after considering coirpcusatory
mitigation that nrav be used to offset
losses of aquatic functions and vahres.
The loss of sixeam bed includes the
linear feet of stream bed that is filled or
excavated. Waters of the US ternporarily
filled, hooded, excavated, or drained,
but restored to preconstruction contours
Mud elevations after construction, are
not included in the rneasurcment of loss
of waters of the US. Impacts to
ephemeral waters are only not included
in the acreage or linear foot
measurements of loss of waters of the
US or loss of stream bed, for the purpose
Of determining compliance with the
threshold limits of the NWPs.
Non-tidal Wetlanck A non-tidal
wetland is a wetland (i.e., a water of the
US) that is not subject to the ebb and
flow of tidal waters. The definition of a
wetland can be found at 33 CFR
3'?t3.3(b). Non-tidal wetlands contiguous
to tidal waters are located landward of
the high tide line (i.e., spring high tide
line).
Open Water: Au area that, during a
year with normal patterns of
precipitation, has standing or flowing
water for sufficient duration to establish
an ordinary high water mark. Aquatic
vegetation within the area of standing or
flowing water is either non-emergent,
sparse, or absent. Vegetated shallows are
considered to be open waters. The term
"open water" includes rivers, streams,
lakes, and ponds. For the purposes of
the NWPs, this term does not include
ephemeral waters.
Perennial Stream: A perennial stream
has flowing water year-round during a
typical year. The water table is located
above the stream bed for most of the
year. Groundwater is the primary source
of water for stream flow. Runoff fiom
rainfall is a supplemental source of
water for stream flow.
Permanent Above-grade Fill: A
discharge of dredged or fill material into
waters of the US, including wetlands,
that results in a substantial increase in
ground elevation and permanently
converts part or all of the waterbody to
dry land. Structural fills authorized by
NWPs 3, 25, 36, etc. are not included.
Preservation: The protection of
ecologically important wetlands or other
aquatic resources in perpetuity through
the implementation of appropriate legal
and physical mechanisms. Preservation
may include protection of upland areas
adjacent to wetlands as necessary to
Federal Register/Vol, 67, No. 10/Tuesday, January '15, 2002/Notices 2095
ensure protection and/or enhancement
of the overall aquatic ecosystem.
Restoration: Re-establishment of
wetland and/or other aquatic resource
characteristics and function(s) at a site
where they have ceased to exist, or exist
in a substantially degraded state.
Riffle and Pool Complex: Riffle and
pool complexes are special aquatic sites
under the 404(b)(1) Guidelines. Riffle
and pool complexes sometimes
characterize steep gradient sections of
streams. Such stream sections arc;
recognizable by their hydraulic:
characteristics. The rapid movement of'
water over a course substrate in riffles
results in a rough flow, a turbulent
surface, and high dissolved oxygen
levels in the water. Pools are deeper
areas associated with riffles. A slower
stream velocity, a streaming flow, a
smooth surface, and a finer substrate
characterize pools.
Single and Complete Project: 'I'll e
term "single and complete project" is
defined at 33 CFR 330.2(1) as tire total
project proposed or accomplished by
one owner/developer or partnership or
other association of owners /clevelopers
(see definition of independent utility).
For linear projects, the "single and
complete project" (i.e., a single arid
complete crossing) will apply to each
crossing of a separate water of the US
(i.e., a single waterbody) at that location.
An exception is for linear projects
crossing a single waterbody several
times at separate and distant locations:
each crossing is considered a single and
complete project. However, individual
channels in a braided stream or river, or
individual arms of a large, irregularly
shaped wetland or lake, etc., are not
separate waterbodies.
Storm'voter -Walla,errrent: Storrwater
management is the mechanism for
controlling stormwater runoff for the
purposes of reducing downstrearn
erosion, water quality degradation, and
flooding and mitigating the adverse
effects of changes in land use on the
aquatic environment.
Stormwater Manogernent Facilities:
Stormwater management facilities are
those facilities, including but not
limited to, stormwater retention and
detention ponds and HMPs, which
retain water for a period of time to
control runoff and/or improve the
quality (i.e., by reducing the
concentration of nutrients, sediments,
hazardous substances and other
pollutants) of stormwater runoff.
Stream Bed: The substrate of the
stream channel between the ordinary
high water marks. The substrate may be
bedrock or inorganic particles that range
in size from clay to boulders. Wetlands
contiguous to the stream bed, but
outside of the ordinary high water
marks, are not considered part of the
stream bed.
Stream Chonnelizotion: The
manipulation of a stream channel to
increase the rate of water flow through
the stream channel. Manipulation may
include deepening, widening,
straightening, armoring, or other
activities that change the stream cross-
section or other aspects of stream
channel geometry to increase the rate of
water flow through the stream channel.
A channelized stream remains a water
of the US, despite the modifications to
increase the rate of water flow.
Tidol Wetland: A tidal wetland is a
wetland (i.e., water of the US) that is
inundated by tidal waters. The
definitions of a wetland and tidal waters
can be found at 33 CFR 328,3(b) arid 33
CFR 328.3(1), respectively. Tidal waters
rise and fall in a predictable and
measurable rhythm or cycle due to the
gravitational pulls of the moon and sun.
Tidal waters end where the rise and fall
of the water surface can no longer be
practically measured in a predictable
rhythm true to masking by other waters,
wind, or other effects. Tidal wetlands
are located channelward of the high tide
line (i.e., sprint; high tide line) and are
inundated by ticial waters two times per
htnar month, during spring high tides.
Vegetated Buffer: A vegetated upland
or wetland area next to rivers, streams,
lakes, or other open waters which
separates the open water from
developed areas, including agricultural
land. Vegetated buffers provide a variety
of aquatic habitat functions and values
(e.;., aquatic: habitat for fish and other
aquatic organisms, moderation of water
temperature changes, and detritus for
aquatic food webs) and help improve or
maintain local water quality. A
vegetated buffer can be established by
maintaining an existing vegetated area
or planting native trees, shruhs, and
herbaceous plants on land next to open-
waters. Mowed lawns are not
considered vegetated buffers because
they provide little or no aquatic hahitat
functions and values. The establishment
arid maintenance of vegetated buffers is
a method of compensatory mitigation
that can be used in conjunction with the
restoration, creation, enhancement, or
preservation of aquatic habitats to
ensure that activities authorized by
NWPs result in minimal adverse effects
to the aquatic environment. (See
General Condition 19.)
Vegetated Shallows: Vegetated
shallows are special aquatic sites under
the 404(b)(1) Guidelines. They are areas
that are permanently inundated and
under normal circumstances have
rooted aquatic vegetation, such as
seagrasses in marine and estuarine
systems and a variety of vascular rooted
plants in freshwater systems.
Waterhody: A waterbody is any area
that in a normal year has water flowing
or standing above ground to the extent
that evidence of an ordinary high water
marl: is established. Wetlands
contiguous to the waterbody are
considered part of the waterbody.
(FR Doc. 02-539 Filed 1-14-02; 8:45 aml
BILLING CODE 3710.-92-P
6692 Federal Register/ Vol. 67, No. 30 / Wednesday, February 13, 2002 /Notices
ADDRESSES). The holding of such
hearing is at the discretion of the
Assistant Administrator for Fisheries,
NOAH. All statements and opinions
contained in the permit action
summaries are those of the applicant
and do not necessarily reflect the views
of NMFS.
Species Covered in This Notice
The following species are covered in
this notice:
Sea turtles
Threatened and endangered green
turtle (Chelonio ntydas)
Endangered hawksbill turtle
(Eretrnochelys im6ricata)
Endangered Kemp's ridley turtle
(Lepidochelys kempii)
Endangered leatherback turtle
(Dennochelys coriacea)
Threatened loggerhead turtle (Caretto
caretta)
Application 1361
The applicant is applying for a 5-year
permit to trawl for turtles, as needed, at
dredge and other construction/
destruction sites to remove the turtles to
a safe location. The turtles will be
captured, tagged, measured and released
offshore away from the dredging
activities. The applicant expects to
capture and relocate 95 green, 11
hawksbill, 160 loggerhead, 14 Kemp's
ridley and 4 leatherback turtles on the
Atlantic coast and 105 green, 17
hawksbill, 160 loggerhead, 50 Kemp's
ridley and it leatherback turtles on the
Gulf coast.
Dated: February 7, 2002.
Jill Lewandowski,
Acting Chief, Permits, Conservation, and
Education Division, Office of Protected
Rosource.s, National Marine Fisheries Service.
[FR Doc. 02-3522 Filed 2-12-02; 8:45 a1I1]
BILLING CODE 3510-22-S
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Issuance of Nationwide Permits;
Notice; Correction
AGENCY: Army Corps of Engineers, Dot)
ACTION: Final notice; correction.
SUMMARY: This document contains
corrections to the final notice of
issuance of Nationwide Permits (NWPs)
which was published in the Federal
Register on Tuesday, January 15, 2002
(67 FR 2020-2095).
ADDRESSES: HQUSACE, ATTN: CECW-
OR, 441 "G" Street, NW., Washington,
DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: NIr.
David Olson, at [phone], Mr.
Kirk Stark, at [phone] or Ms.
Leesa Beal at [phone] or access
the U.S. Army Corps of Engineers
Regulatory Home Page at: http://
www,usace.army.miI/inet/functious/
cw/cecwo/reg/.
SUPPLEMENTARY INFORMATION: In the
SUMMARY section on page 2020, the third
and fourth sentences are corrected to
read: "All NWPs except NWPs 3, 7, 12,
14, 27, 39, 40, 4?1, 42, 43, and 44 expire
on February 11, 2002. Existing NWPs 3,
7, 12, 14, 27, 39, 40, 41, 42, 43, and 44
expire on March 18, 2002." In the last
sentence of the SUMMARY section, the
expiration date is corrected as ''March
18, 2007", instead of "March 19, 2007
On page 2020, in second sentence of
the DATES section, the expiration date is
corrected as "March 18, 2007", instead
of "March 19, 2007". "Therefore, the
NWPs published in the January 15,
2002; Federal Register will expire on
March 18, 2007, five years from their
effective date of March 18, 2002.
On page 2020, in the fifth paragraph
of the Background section, the third and
fourth sentences are corrected to read:
"All NWPs except NWPs 3, 7, 12, 14,
27, 39, 40, 41, 42, 43, and 44 expire on
February 11, 2002. Existing NWPs 3, 7,
12, 14, 27, 39, 40, 41, 42, 43, and 44
expire on March 18, 2002." The
expiration date in the last sentence of
this paragraph is corrected as "March
18, 2007", instead of "March 19, 2007".
On page 2020, the paragraph in the
section entitled "Grandfather Provision
for, Expiring NWPs at 33 CFR 330.6" is
corrected to read: "Activities authorized
by the current NWPs issued on
December 13, 1996, (except NWPs 3, 7,
12, '1.4, 27, 39, 40, 41, 42, 43, anti 44),
that have commenced or are under
contract to commence by February 11,
2002, will have until February 11, 2003,
to complete the activity. Activities
authorized by NWPs 3, 7, 12, 14, 27, 39,
40, 41, 42, 43, and 44, that were issued
on March 9, 2000, that are commenced
or corder contract to commence by
March 18, 2002, will have until Miuch
18, 2003, to complete the activity."
On page 2020, in the "Clean Water
Act Section 401 Water Quality
Certification (VVQ(,) and Coastal Zono
Management Act ((.ZMA) Consistency
Agreement" section, the date in the fifth
sentence is corrected as "February 11,
2002", instead of "February 11, 2001
On page 2023, third column, last
sentence, the number 29 is replaced
with the number 19, because this
sentence refers to General Condition 19.
On page 2024, first column, in the
fourth sentence of the last paragraph the
phraso "less than" is replaced by
"greater than" because the 30 day
completeness review period for NWP
pre-construction notifications is greater
than the 15 day completeness review
period for standard permit applications.
On page 2031, second column, second
full paragraph, the number 3 t is
replaced with the number 3 because this
paragraph refers to NWP 3.
On page 2044, second column, fourth
complete paragraph, the titlo is
corrected to read "Stream and Wetland
Restoration Activities" because that is
the title of NWP 27.
On page 2054, second column, the
year cited in the third sentence of the
second paragraph is the year 2000, not
1996.
On page 2058, third column, in the
second sentence of the second complete
paragraph the word "intermittent" is
inserted before the phrase "stream bed"
because the waiver for filling or
excavating greater than 300 linear feet of
stream beds can apply only to
intermittent stream beds.
On page 2072, third column, last
sentence, the number 19 is inserted after
the term "General Condition" since this
sentence refers to General Condition 19.
On page 2076, second column, the
street address for the Walla Walla
District Engineer is corrected to read
"201 N. Third Avenue".
On page 2080, second column, third
paragraph from the top of the column
(in the "Notification" section of NWP
12), the word "or" at the end of
paragraph (e) is deleted and the period
at the end of the fourth paragraph
(paragraph (t)) is replaced with "; or".
On page 20130, second column,
paragraph (a) of NWP 13 is corrected to
read: "No material is placed in excess of
the minimum needed for erosion
protection;" The change was not
intended and we are correcting this
paragraph by reinstating the original
text as it appeared in the version of
NWP 1.3 published in the December 13,
1996, Federal Register (61 FR 65915).
On page 2080, third column, the word
"oI, is inserted at the end of paragraph
(a)( 1) of NWP 14, Linear Transportation
Projects. Paragraph (a) of NWP 14 is
corrected to read: "a. This NWP is
subject to the following acreage limits:
(1) For linear transportation projects in
non-tidal waters, provided the discharge
does not cause the loss of greater than
'h-acre of waters of the US; or (2) For
linear transportation projects in tidal
waters, provided the discharge does not
cause the loss of greater than'/,-acre of
waters of the US."
On page 2085, second column, the
last sentence of NWP 36 is corrected to
read as follows: "Dredging to provide
Federal Register/ Vol. 67, No. 30 / Wednesday, February 13, 2002 / Notices 6693
access to the boat ramp may be
authorized by another NWP, regional
general permit, or individual permit
pursuant to section 10 if located in
navigable waters of the United States.
* * - The change was not intended
and we are correcting this paragraph by
reinstating the original text as it
appeared in the version of NWP H)
published in the December 13, 1996,
Federal Register (61 FR 65919).
On page 2086, in the second full
paragraph of the second coluinn,
"paragraph (e)" in the second sentence
is replaced with "paragraph (t)" and
"paragraph (i)" in the third sentence is
replaced with "paragraph (j)" to
accurately cite the previous paragraphs
of NWP 39. The last two sentences of
the paragraph before the subdivision
paragraph were incorrectly divided into
two sentences from the original single
sentence and identified as being related
to General Condition 15. '['his change
was not intended and we are correcting
this paragraph by reinstating the
original last sentence as it exists in the
March 9, 2000, text of NWP 39 (65 FR
12890).
On page 2086, middle colcunn, the
parenthetical statement at the end of the
Note at the end of NWP 39 is corrected
to read "* * * (except for ephemeral
waters, which do not require PCNs
under paragraph (c)(2), above; however,
activities that result in the loss of greater
than '/,o acre of ephemeral waters
would require PCNs under paragraph
(c)(1), above)." The addition to the Note
was intended to clarify that under
paragraph (c)(2) only the loss of
ephemeral open waters were not
included in the requirement for a pre-
construction notification (PCN).
However, under paragraph (c)(1) all
ephemeral waters of the United States
are included in the measurement for the
Vio acre PCN requirement. 'File
correction is needed because the
statement in the parentheses could be
incorrectly interpreted to apply to
paragraph (c)(1) and possibly to all
PCNs, not just those affected by
paragraph (c)(2).
For clarity, we are providing the text
of NWP 39 in its entirety, with the
corrections described above:
39. Residential. Corrunercial, and
Institutional Developments. Discharges
of dredged or fill material into non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters, for the
construction or expansion of residential,
commercial, and institutional building
foundations and building pads and
attendant features that are necessary for
the use and maintenance of the
structures. Attendant features may
include, but are not limited to, roads,
parking lots, garages, yards, utility lines,
stormwater management facilities, and
recreation facilities such as
playgrounds, playing fields, and golf
courses (provided the golf course is an
integral part of the residential
development). The construction of new
ski areas or oil and gas wells is not
authorized b this NWP.
Residential developments include
multiple and single unit developments.
Examples of commercial developments
include retail stores, industrial facilities,
restaurants, business parks, and
shopping centers. Examples of
institutional developments include
schools, fire stations, government office
buildings, judicial buildings, public
works buildings, libraries, hospitals,
and places of worship. The activities
listed above are authorized, provided
the activities meet all of the following
criteria:
a. The discharge does not cause the
loss of greater than IAz-acre of non-tidal
waters or the U.S., excluding non-tidal
wetlands adjacent to tidal waters;
b. The discharge does not cause the
loss of greater than 300 linear-feet of a
stream bed, unless for intermittent
stream beds this criterion is waived in
writing pursuant to a determination by
the District Engineer, as specified
below, that the project complies with all
terms and conditions of this NWP and
that any adverse impacts of the project
on the aquatic environment are
minimal, both individually and
cumulatively;
c. The permittee must notify the
District Engineer in accordance with
General Condition 13, if any of the
following criteria are met:
(1 The discharge causes the loss of
greater than 'h o-acre of non-tidal waters
of the US, excluding non-tidal wetlands
adjacent to tidal waters; or
(2) The discharge causes the loss of
any open waters, including perennial or
intermittent streams, below the ordinary
hi h water mark (see Note, below); or
The discharge causes the loss of
greater than 300 linear feet of
intermittent stream bed. In such case, to
be authorized the District Engineer must
determine that the activity complies
with the other terms and conditions of
the NWP, determine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the permittee may
proceed;
d. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
e. The discharge is part of a single and
complete project;
F. The perruittee must avoid and
minimize discharges into waters of the
US at the project site, to the maximum
extent practicable. 'Fire notification,
when required, most include a written
statement explaining how avoidance
and minimization of losses of waters of
the US were ;cchieved on the project
site. Compensatory mitigation will
normally be required to offset the losses
of waters of the US. (See General
Condition 19.) 'l'ire notification must
also include a compensatory mitigation
proposal for offsetting unavoidable
losses of waters of th.e US. Iran
applicant asserts that the adverse effects
of the project are minimal without
mitigation, then the applicant may
submit justification explaining why
compensatory mitigation should not be
required. for,the District Engineer's
consideration;
g. When this NWP is used in
conjunction with any other NWP, any
combined total permanent loss of waters
of the US exceeding 1Ao-acre requires
that the permitteo notify the District
Engineer in accordance with General
Condition 13;
li. Any work authorized by this NWP
must not cause more than minimal
degradation of water quality or more
than minimal changes to the flow
characteristics of any stream (see
General Conditions 9 and 21);
i. For discharges causing the loss of
/,o-acre or less of waters of the US, the
perruittee must submit a report, within
30 days of completion of the work, to
the District Engineer that contains the
following information: (1) The name,
address, and telephone number of the
permittee; (2) The location of the work;
(3) A description of the work; (4) The
type and acreage of the loss of waters of
the US (e.g., '/nacre of emergent
wetlands); and (5) The type and acreage
of any compensatory mitigation used to
offset the loss of waters of the US (e.g.,
r/i-acre of emergent wetlands created
on-site);
j. If there are any open waters or
streams within the project area, the
permittee will establish and maintain, to
the maximum extent practicable,
wetland or upland vegetated buffers
next to those open waters or streams
consistent with General Condition 19.
Deed restrictions, conservation
easements, protective covenants, or
other means of land conservation and
preservation are required to protect and
maintain the vegetated buffers
established on the project site.
Only residential, commercial, and
institutional activities with structures
on the foundation(s) or building pad(s),
as well as the attendant features, are
authorized by this NWP. The
6694 Federal Register/Vol. 67, No. 30/Weclnusday, Pehruary 13, 2002/Notices
compensatory mitigation proposal that
is required in paragraph (t) of this NWP
may be either conceptual or detailed.
Tire wetland or upland vegetated buffer
required in paragraph (j) of this NWP
will be determined on a case-by-case
basis by the District Engineer for
addressing water quality concerns. The
required wetland or upland vegetated
buffer is part of the overall
compensatory mitigation requirement
for this NWP. If the project site was
previously used for agricultural
purposes and the farm owner/operator
used NWP 40 to authorize activities in
waters of the United States to increase
production or construct farm buildings,
NWP 39 cannot be used by the
developer to authorize additional
activities in waters of the United States
on the project site in excess of the
acreage limit for NWP 39 (i.e., the
combined acreage loss authorized under
NWPs 39 and 40 cannot exceed 1/2 acre).
Subdivisions: For residential
subdivisions, the aggregate total loss of
waters of US authorized by NWII 39 call
not exceed 1/ -acre. This includes any
loss of waters associated with
development of individual subdivision
lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is
not present should be determined by the
presence or absence of an ordinary high
water mark or bed and bank. Areas that are
waters of the CIS based on this criterion
would require a PCN although water is
infrequently present in the stream channel
(except for ephemeral waters, which do not
require PCNs under paragraph (c)(2), above;
however, activities that result in the loss of
greater than vho acre of ophemeral waters
would require, PCNs raider paragraph (c)(1),
above).
On page 2088, in the sixth sentence of
the first paragraph in the first column,
the phrase "an adequate water quality
management plan" is replaced with the
phrase "adequate water quality
management measures" to reflect the
modified language in General Condition
9. This sentence is corrected to read
"The facility must have adequate water
quality management measures in
accordance with General Condition 9,
such as a stormwater management
facility, to ensure that the recreational
facility results in no substantial adverse
effects to water quality."
On page 2089, first column, the
second sentence of paragraph (c) of
NWP 44 is corrected to read "Normally,
the water quality management measures
required by General Condition 9 should
address these impacts;". In addition, the
second sentence of paragraph (i) of NWP
44 is corrected to read "Further the
District Engineer may require water
quality management measures to ensure
the authorized work results in minimal
adverse effects to water quality;" These
corrections are necessary to reflect the
modified language in General Condition
9.
Oil page 2089, third column, the text
of General Condition 6 is corrected to
read: "The activity must couply with
any regional conditions that may have
been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps
or by the state or tribe in its Section 401
Water Quality Certification and Coastal
Lone Management Act consistency
determination." The change to General
Condition 6 that was published in the
January 15, 2002, Federal Register was
not intended and we are correcting this
sentence by reinstating the original text
as it existed in the March 9, 2000,
NWPs.
On page 2090, first r..olumn, the word
"Section" in the parenthetical at the end
of General Condition 10 is replaced with
"33 CFR" so that the parenthetical reads
"(see 33 CFR 330.4(d))
On page 2090, at the top of the second
column, the second Internet URL is
replaced with "* * * http://
www.nmJs.noao.gov/prot_res/overview/
es.html * * *" because the Internet
address for the National Marine
Fisheries Service home page for
endangered species has been changed.
On page 2090, third colunur, in
paragraph (b)(4) of General Condition
13, NWP 40 should be added to the list
of NWPs that require submission of
delineations of special aquatic sites with
pre-construction notifications.
Therefore, paragraph (b)(4) of General
Condition 13 is corrected to read "For
NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40,
41, 42, and 43, the PCN must also
include a delineation of affected special
aquatic sites, including wetlands,
vegetated shallows (e.g., submerged
aquatic vegetation, seagrass beds), and
riffle and pool complexes (see paragraph
13(0);"
On page 2090, third column, in
paragraph (b)(6) of General Condition
13, the word "Projects" replaces the
word "Crossings", because the title of
NWP 14 is "Linear Transportation
Projects".
On page 2090, third column, in
paragraph (b)(8) of General Condition
13, the word "Activities" is inserted
after the word "Restoration" because the
title of NWP 27 is "Stream and Wetland
Restoration Activities".
On page 2091, first column, in
paragraph (b)(10) of General Condition
13, the word "Projects" is replaced with
the word "Facilities" because the title of
NWP 31 is "Maintenance of Existing
Flood Control Facilities".
On page 2094, third column, we are
correcting the definition of "Loss of
Waters of the US" by deleting the last
sentence and inserting the following
sentence after the fourth sentence of this
definition: "Impacts to ephemeral
streams are not included in the linear
foot measurement of loss of stream bed
for the purpose of determining
compliance with the linear foot limits of
NWPs 39, 40, 42, and 43."
Due to the number of corrections
made to the definition of "Loss of
Waters of the US", we are providing the
text of this definition in its entirety,
with the corrections described above:
Goss of Waters of the US: Waters of
Lite US that include the filled area and
other waters that are permanently
adversely affected by flooding,
excavation, or drainage because of the
regulated activity. Permanent adverse
effects include permanent above-grade,
at-grade, or below-grade fills that change
an aquatic: area to dry land, increase the
bottom elevation of a waterbody, or
change the use of a waterbody. The
acreage of loss of waters of the US is the
threshold measurement of the impact to
existing waters for determining whether
a project may qualify for an NWP; it is
not a net threshold that is calculated
after considering compensatory
mitigation that may be used to offset
losses of aquatic functions and values.
The loss of stream bed includes the
linear feet of stream bed that is filled or
excavated. Impacts to ephemeral
streams are not included in the linear
foot measurement of loss of stream bed
for the purpose of determining
compliance with the linear foot limits of
NWPs 39, 40, 42, and 43. Waters of the
US temporarily filled, flooded,
excavated, or drained, but restored to
preconstruction contours and elevations
after construction, are not included in
the measurement of loss of waters of the
US.
In the January 15, 2002, Federal
Register, it was stated that the definition
was being revised (to clarify that
ephemeral waters and streams are not
included in the acreage or linear
thresholds for NWPs) to comport with
language in the preamble of the March
9, 2000 Federal Register notice.
Ilowever, the language in tho preamble
of the March 9, 2000 Federal Register
notice (65 FR 12881, third column) does
not support this revision. Rather, the
referenced preamble states, "During our
review of the comments received in
response to the July 21, 1999, Federal
Register notice, we found an error in the
proposed definition of the term, "loss of
waters of the United States." In the
fourth sentence of the draft definition,
we stated that the loss of stream bed

Federal Register/Vol. 67, No. 30 /Wednesday, February 13, 2002/Notices 6695
includes the linear feet of perennial or
intermittent stream bed that is filled or
excavated. This statement is inaccurate
because ephemeral stream bed that is
filled or excavated can also be
considered a loss of waters of the United
States. However, the 300 linear foot
limit for stream beds filled or excavated
does not apply to ephemeral streams.
We have modified this sentence to
define the loss of stream bed as the
linear feet of stream bed that is filled or
excavated." Thus, the modification of
this definition was intended to clarity
that activities that involve filling or
excavating ephemeral streams are not
included in the linear foot limits for
filling or excavating stream beds in
NWPs 39, 40, 42, and 43. However, it
was not intended to exempt ephemeral
waters or streams from calculations of
impacted acreages to determine PCN or
maximum acreage requirements in
accordance with NWPs 39, 40, 42, and
43.
In the August 9, 2001, Federal
Register notice (66 FR 42099) we
proposed to modify the definition of
"boss of Waters of the US" by adding
the sentence "* * * The loss of stream
bed includes the linear feet of perennial
stream or intermittent stream that is
filled or excavated * * *". The
proposed change was in response to a
commitment to clearly state in the text
of the NWPs (which includes the
definitions) that the 300 linear foot limit
in NWPs 39, 40, 42, and 43 for filling
and excavating stream beds would only
apply to intermittent and perennial
streams, not to ephemeral streams.
In the January 15, 2002, Federal
Register notice (67 FR 2074-2075) we
erroneously stated that both the acreage
and linear limits of the NWPs do not
apply to ephemeral waters. This was
never intended to be adopted as policy
for the NWPs or the Corps regulatory
program. A previously stated, in the first
column of page 2075 of the January 15,
2002, Federal Register notice, we refer
to page 12881 of the March 9, 2000,
Federal Register notice, which only
discusses the 300 linear foot limit, not
the acreage limits of the NWPs. Our
intent is to continue to apply acreage
limits of NWPs to activities that result
in the permanent loss of ephemeral
waters, but the linear foot limits of the
NWPs (i.e., NWPs 39, 40, 42, and 43) for
filling or excavating strearn beds would
not apply to activities that involve
filling or excavating ephemeral streams.
The last sentence of the definition of
"Loss of Waters of the US" as published
in the January 15, 2002, Federal.
Register notice does not comport with
remainder of this NWP package.
Therefore, we are correcting this
definition as described above.
We believe that correcting the text of
NWP 39 and the definition of "Loss of
Waters of the US" through the
publication of this correction notice is
appropriate. Nevertheless, in order to
give all interested parties further
opportunity to comment on this matter,
we intend to publish a Federal Register
notice to solicit public comments on
those two corrections. If we determine
that any other matter relating to the final
NWPs requires correction or
clarification, but that matter was not
adequately dealt with in this correction
notice, we will address that additional
matter in the forthcoming Federal
Register notice, as well. We expect to
publish that Federal Register notice
within a few weeks.
Dated: February 7, 2002.
Lawrence A, Lang,
Assistant Clriof, Operations Division,
Directorate of Civil Works.
[FR Doc. 02-3555 Filed 2-12-02; 8:45 and
BILLING CODE 3710-92-P
DEPARTMENT OF DEFENSE
Uniformed Services University of the
Health Sciences
Sunshine Act Meeting
AGENCY HOLDING THE MEETING:
Uniformed Services University of the
Health Sciences.
TIME AND DATE: 8:00 a.m. to 4:00 p.nr.,
February 5, 2002.
PLACE: Uniformed Services University
of the Health Sciences, Board of Regents
Conference Room (03001), 4301 Jones
Bridge Road, Bethesda, MD 20814-4799.
STATUS: Open-under "Government in
the Sunshine Act" (5 U.S.C. 552b(e)(3)).
MATTERS TO BE CONSIDERED:
8:30 a.m. Meeting-Board of Regents
(1) Approval of Minutes-November 14,
2001
(2) Faculty Matters
(3) Department Reports
(4) Financial Report
(5) Report-President, USUHS
(6) Report-Dean, School of Medicine
(7) Report-Dean, Graduate School of
Nursing
(8) Cornnients-Chairman, Board of
Regents
(9) New Business
CONTACT PERSON FOR MORE INFORMATION:
Mr. Bobby D. Anderson, Executive
Secretary, Board of Regents, (301) 295-
3116.
Dated: February 8, 2002.
Linda Bynum,
OSDFederal RogistarLiaison Officer,
Department of Defense.
[FR 1)oc. 02-3683 Filed 2-11-0'2; 3:32 1)1n
BILLING CODE 5001-08-M
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