20020517 Ver 1_Complete File_20020403

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64? 0 2 0 5 7
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
March 27, 2002
US Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTENTION: Mr. Richard Spencer
NCDOT Coordinator
Dear Sir:
N01 33S Il 11m
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Subject: Nationwide Permit 23 and Nationwide Permit 12 Applications for the
Replacement of Bridge No. 177 on SR 1532 over Colly Creek, Bladen County. Federal
Project No. BRZ-1532(1), State Project No. 8.2420701, T.I.P. No. B-3413.
Please find enclosed three copies of the project planning report for the above referenced
project, a PCN form and permit drawings. Bridge No. 177 will be replaced on existing
location with a new bridge, 150 ft (45.7 m) in length and 26 ft (7.9 m) in overall width.
A paved travelway of 22 ft (6.7 m) will be accommodated with an offset of 2.0 ft (0.6 m)
on each side. The approach roadway will consist of a 22 ft (6.7 m) travelway with 4.0 ft
(1.2 m) turf shoulders. When guardrail is required, shoulders will be increased by a
minimum of 3 ft (I m) on each side. The new structure will be at approximately the same
elevation as the existing grade. Total jurisdictional impacts are 0.52 acres of
wetlands. Total mitigation debited from Dowd Dairy is 1.04 acres of swamp forest
(2:1 mitigation ratio for impacts). There will be no impacts to Colly Creek.
The project will also require approximately 1,000 ft (305 m) of new work on approach
roadway (dirt road) and total project length will be approximately 1,125 ft (343 m).
However, paving of SR 1532 approaches will be limited to 100 ft (30 m) on either side of
the bridge.
Information describing the temporary bridge (on-site detour), minimization efforts,
restoration plan, proposed mitigation and bridge demolition follow.
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] TRANSPORTATION BUILDING
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS 1 SOUTH WILMINGTON STREET
1548 MAIL SERVICE CENTER WEBSITE: WWW.DOH. DOT. STATE. NC.US RALEIGH NC
RALEIGH NC 27699-1548
On-Site Detour: Since this is a dead end road, an on-site detour will be required and will
consist of a temporary bridge structure designed to span the creek. The spill through
slopes will be covered with Class II rip rap on filter fabric.
Project Impacts: All project impacts (temporary and permanent) are considered as
permanent impacts since compression of muck soils may have permanent environmental
consequences. However, 0.04 acre of project impacts will immediately be mitigated by
lengthening of the bridge and restoring the area previously used as a bridge approach
(causeway) to match existing wetland elevation. Impacts from the bridge and detour
include (temporary) fill in wetlands (0.23 acre) and mechanized clearing (0.21 acre). In
addition,. e-.ecpproach fill requires 0.12 acre and a utility pole/line that needs to be moved
as a rt;4-of bridge construction will impact 0.017 acre of wetlands. Project impacts
total 0.52 acre (0.56 acre subtotal minus 0.04 acre from bridge lengthening).
MinimizatiWFifst; a`temporary detour bridge was used rather than pipe culverts as
originally planned. In order to minimize jurisdictional impacts, the footprint of the detour
bridge alignment and approach footprint was reduced. The detour bridge width was
reduced to one lane and side slopes were steepened to 2:1 to reduce roadway fill. Finally,
the detour bridge was located closer to the existing bridge than originally planned.
Mitigation: We propose to debit Dowd Dairy Mitigation site for project impacts. Dowd
Dairy will provide in-kind mitigation (swamp forest) at a ratio of 2:1, resulting in 1.1
acres of mitigation. Dowd Dairy Mitigation site is located in the same Hydrologic Unit
(03030005) as this bridge replacement project. In addition, immediate mitigation will be
attained by lengthening of the replacement bridge over Colly Creek by 46 ft. The
existing bridge is 104 ft long (32m) while the proposed bridge is 150.0 ft long (45.7 m).
This removal of existing fill (under current causeway) will result in a replacement of 0.04
acres of wetlands. This area will be graded to match adjacent wetland elevation and
planted with appropriate wetland species.
Bridge Demolition: Bridge No. 177 over Colly Creek has an asphalt overlay surface on a
timber floor with timber joists. In addition, the bridge has timber cap and pile and end
bents. The asphalt will be removed prior to demolition and will not be dropped into the
water. Since the bridge is comprised of timber components, none of the bridge will be
dropped into the water during removal, therefore bridge demolition will not result in fill
to Colly Creek.
The project is being processed by the Federal Highway Administration as a "Categorical
Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we propose to proceed
under Nationwide Permit 23 in accordance with the Federal Register of December 13,
1996, Part VII, Volume 61, Number 241. In addition a Nationwide Permit 12 is needed
for utility work (relocating a utility pole to accommodate bridge replacement).
We anticipate a 401 Water Quality Certification will apply to this project, and are
providing one copy of the CE document to the North Carolina Department of
Environment and Natural Resources, Division of Water Quality, for their review.

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Attached, please find permit drawings (Sheets 1-7) and a PCN (for NWP 12). If you have
any questions or need additional information please call Ms. Karen M. Lynch at (919)
733-7844 ext. 291.
Sincerely,
MD. Gilmore, P.E., Manager
Project Development & Environmental Analysis Branch
cc: w/attachment
Mr. David Franklin, Corps of Engineers, Wilmington Field Office
Mr. Garland Pardue, USFWS, Raleigh
Mr. N. L. Graf, P.E., FHWA
Mr. John Dorney, NCDENR, Division of Water Quality
Mr. Burt Tasaico, P.E. Program Development Branch
Ms. Deborah Barbour, P.E., Highway Design Branch
Mr. D. R. Henderson, P.E., Hydraulics Unit
Mr. Timothy V. Rountree, P.E., Structure Design Unit
Mr. John Alford, P.E., Roadway Design Unit
Mr. T. R. Gibson, P.E., Division 6 Engineer
Mr. Jim Rerko, Division 6 Environmental Officer
Office Use Only:
USACE Action ID No.
DWQ No.
Form Version April 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather thar
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
R Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 12
3. If this notification is solely a courtesy copy because written approval for the 401 Certificatior
is not required, check here: F_?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed fol
mitigation of impacts (see section VIII - Mitigation), check here:
II. Applicant Information
Owner/Applicant Information
Name: William D.
Mailing Address: 1548 Mail Service Center
Project Development and Environmental Analysis, NCDOT
Raleigh, NC 27699-1548
Telephone Number: 733-3141 Fax Number: 733-9794
E-mail Address:
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:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 1 of 8
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III. Project Information
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 1 I 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: Bridge # 177 Replacement over Colly Creek (SR 1532)
2. T.I.P. Project Number (NCDOT Only): B-34
3. Property Identification Number (Tax PIN):
4. Location
County: Bladen Nearest Town: Elizabethtown
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Pass Singletary Lake (on your
left heading south on NC 53, Turn left on SR 1532 (Bivens Bridge Road). Go about 4
miles until you reach Bridge over Colly Creek.
5. Site coordinates, if available (UTM or Lat/Long):
(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.)
Describe the existing land use or condition of the site at the time of this application:\
Bridge in need of replacement
6. Property size (acres):
7. Nearest body of water (stream/river/sound/ocean/lake): Colly Creek.
8. River Basin: Cape Fear - subbasin (03-06-20)
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/ih2o.enr.state.nc.us/admin/maps/.)
9. Describe the purpose of the proposed work: bridge replacement, but utility poles must be
moved as a result of bridge replacement
Page 2 of 8
V
10. List the type of equipment to be used to construct the project:
11. Describe the land use in the vicinity of this project: some residential, mostly rural, forested
and 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.
Wetlands delineations were verified on 5/15/01 by the USACE.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: no
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 3 of 8
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1. Wetland Impacts
Wetland Impact Area of Distance to
Site Number Type of Impact* Impact Nearest Stream Type of Wetland***
(indicate on map) (acres) (linear feet)
1. 30ftx25ft
Approximately
Plan sheet 7 Wetland fill = 0.017 150 ft distance Swamp forest
acre
* 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 http://www.fema.gov.
*** 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: unknown
Total area of wetland impact proposed: 0.017 acres for NWP 12 (this application) and 0.52
acres for entire project
2. Stream Impacts, including all intermittent and perennial streams: no stream impacts since
creek will be bridged.
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)

* 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.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 0 ft.
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact Area of
Name
Wat Type of Waterbody
Site Number Type of Impact* Impact )
(if
applicable) (lake, pond, estuary, sound,
(indicate on map) (acres) bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
Page 4 of 8
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 ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
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.
The Utility pole must be moved as a result of the bridge replacement. Impacts were minimized
and only 0.017 acres of wetlands will be impacted as a result of utility pole relocation.
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.
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

Page 5 of 8
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://h2o.enr.state.nc.us/ncwetiands/strmgide.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.
Proposed mitigation plan is detailed in attached letter - Using Dowd Dairy in Bladen County
for mitigation.
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 http://h2o.enr.state.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Please see attached letter for impacts due to NWP12 and NWP 23.
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):
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 El
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 ? No R
Page 6 of 8
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 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes F-1 No 1:1 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
' Gone 1 extends out 3U teet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
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.
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)
Page 7 of 8
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.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No ?
Is this an after-the-fact permit application?
Yes ? No n
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).
Page 8 of 8
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
VICINITY MAP
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N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
BLADEN COUNTY
PROJECT: 8.2420701 - B-3413
BRIDGE X177 OVER
COLLY CREEK
ON SR 1532
SHEET 1 OF 7 SEP 2001

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LEGEND
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EASEMENT
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PROPOSED PIPE CULVERT
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¦ DRAINAGE INLET
ROOTWAD
VANE
RIP RAP
RIP RAP ENERGY
DISSIPATOR BASIN
LIVE STAKES
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
BLADEN COUNTY
PROJECT: 8.2420701 - B-3413
BRIDGE ts177 OVER
COLLY CREEK
ON SR 1532
II SHEET 2 OF 7 SEPT 2001SHEET 2 OF 7 SEPT 2001
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BRIDGE '1177 OVER
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PROPERTY OWNER
OWNER'S NAME
SLEEPY CREEK FARMS, INC
ADDRESS
P.O. DRAWER 10009
GO LDSBORO, NC 27532
WACCAM[AW ]LUMBER CORP.
R.D. WILLIAMS
TABOR CI'T'Y, NC
5676 WHITES CHAPEL RD.
STAILEY, NC 27355
ti

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Bladen County
Bridge No. 177, on SR 1532
Over Colly Creek
Federal Aid Project BRZ-1532(1)
State Project 8.2420701
TIP Project B-3413
CATEGORICAL EXCLUSION
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
APPROVED:
1(-ZZ-oo
Date
[,? - 7 -d0c"J
Date
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
e 9/`
WETLANDS GX05
William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
Nicholas L. Graf, P.E.
Division Administrator, FHWA
G e
Bladen County
Bridge No. 177, on SR 1532
Over Colly Creek
Federal Aid Project BRZ-1532(1)
State Project 8.2420701
TIP Project B-3413
CATEGORICAL EXCLUSION
Documentation Prepared in Project Development and Environmental Analysis
Branch By:
Date Dennis Pipkin
Project Planning Engineer
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//- ZI-00 wa P7 e-
Date Bridge Project Planning Engineer, Unit Head C AR0/?i
FlSSi
II-22-oo
Date

Lubin V. Prevatt, P.E., Assistant Manager
Project Development and Environmental Analysis Branch
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SE?.I
6916
Bridge No. 177, on SR 1532
Over Colly Creek
Federal Aid Project BRZ-1532(1)
State Project 8.2420701
1. Roadway Design Unit, Roadside Environment) Unit, Resident Engineer.
Revegg Won: The temporary detour and approaches will be removed after the new bridge
is completed, and the area will be revegetated with appropriate plant species.
2. Roadway Design Unit, Structure Design Unit, Protect Development 8i: Environmental
Analysis Brancb (Permit), Reddest Engineer.
: The existing bridge is composed of timber components. The timber
components will be removed without dropping into the water. The asphalt wou ing surface will be
removed prior to demolition without dropping into the water. No temporary fill in waters is
expected. During construction, Beat Management Practices for Bridge Demolition and Removal
will be followed.
3. Roadway Deign Unit, Dividon Constrsetion Engineer, Resident Engineer.
paying: Currently, paving for SR 1532 is scheduled for completion in 2001. If paving is
not completed by approximately two months prior to the construction "let" date (currently
scheduled for September 2002), the design will be changed to reflect that paving of roadway
approaches will be limited to 100 feet (30 m) to either side of the proposed bridge.
Categorical Exclusion Document Page 1 of 1
Green Sheet
November, 2000
Bladen County
Bridge No. 177, on SR 1532
Over Colly Creek
Federal Aid Project BRZ-1532(1)
State Project 8.2420701
TIP Project B-3413
1. SUMMARY OF PROJECT:
NCDOT proposes to replace Bridge Number 100, in Bladen County. Bridge Number 100
carries Highway SR 1532 (a dead-end road) over Colly Creek, in the central part of Bladen County.
NCDOT and FHWA classify this action as a Categorical Exclusion, due to the fact that no notable
environmental impacts are likely to occur as a result of project construction.
NCDOT will replace Bridge No. 177 at the existing location, as shown in Figure 2. The new
bridge will be approximately 125 feet (38 m) in length, and 24 feet (7.3 m) in overall clear width. A
paved travelway of 20 feet (6.1 m) will be accommodated, with an offset of 2 feet (0.6 m) on each
side. The approach roadway will have a 20 foot (6.1 m) travelway, with 4 foot (1.2 m) turf shoulders
on each side. Where guardrail is required, shoulders will be increased by a minimum of 3 feet (1 m)
on each side. The new structure will be at approximately the same elevation as the existing grade.
The project will require approximately 1,000 feet (305 m) of new work on approach
roadways. Total project length will be approximately 1,125 feet (343 m). Currently, paving for
SR 1532 is scheduled for completion in 2001. If paving is not completed by approximately two
months prior to the construction "let" date (currently scheduled for September 2002), the design will
be changed to reflect that paving of roadway approaches will be limited to 100 feet (30 m) to either
side of the proposed bridge.
SR 1532 is not designated as a bicycle route, and there is no indication that an unusual
number of bicyclists use the road.
Traffic for this dead end road will be maintained during construction with a temporary detour
structure placed to the west.
The estimated cost is $811,000; including $36,000 for Right-of-Way acquisition and
$775,000 for construction. The estimated cost projected by the Draft 2002-2008 Transportation
Improvement Program is $898,000; including $80,000 in prior year costs, $43,000 for Right-of-Way
Acquisition, and $775,000 for construction.
II. ANTICIPATED DESIGN EXCEPTIONS:
No design exceptions are anticipated for this project. Preliminary design indicates an
anticipated Design Speed of 60 mph (96 km/hr).
III. EXISTING CONDITIONS
NCDOT classifies SR 1532 as a Rural Local Route in the Statewide Functional Classification
System. The land use in the bridge vicinity is agricultural and rural residential. The route dead ends
approximately 0.4 miles (0.6 km) north of the bridge.
Near Bridge No. 177, SR 1532 is a 2 lane, unpaved facility, consisting of an 18 foot (5.5 m)
soil/gravel travelway, with 5-6 foot (1.5-2 m) turf shoulders. The existing bridge carries 2 lanes.
Vertical and horizontal alignment in both directions is good.
NCDOT built Bridge No. 177 in 1958. The bridge has an asphalt overlay wearing surface on
a timber floor on timber joists with a timber substructure. The deck of Bridge No. 177 is 11 feet (3.4
m) above the stream bed. Water depth in Colly Creek is approximately 5 feet (1.5 m) at the bridge
vicinity. Bridge No. 177 is 104 feet (32 m) long, with an 19.1 foot (5.8 m) roadway width. Two
lanes of traffic are carried and the load limit is posted at 9 tons for single vehicles (SV) and 16 tons
for Truck-Tractor Semi-Trailers (TTST).
According to NCDOT Bridge Maintenance records, the bridge's sufficiency rating is 35.1 out
of a possible 100.0. The current traffic volume is 100 vehicles per day (VPD), projected to increase to
300 VPD by the design year (2025). The speed limit is not posted at the bridge vicinity, thus the
speed limit reverts to 55 MPH (88 km/h) by statute.
Traffic Engineering accident records indicate there were no vehicle crashes reported in the
vicinity of Bridge No. 177 during a recent three year period. The Transportation Director of Bladen
County Schools indicates that there are two school busses crossing the bridge twice per day, for a
total of four trips per day. The busses must be accommodated on site, since SR 1532 is a dead end
road.
IV. ALTERNATES:
Two methods of replacing Bridge No. 177 were studied. Both alternates involve a
replacement structure consisting of a new bridge approximately 125 feet (38 m) in length.
The project alternates were studied as follows:
Alternate 1: (Recommended) - Replace bridge on existing location with a new bridge. Traffic would
be maintained with a temporary on-site detour structure placed to the west of the existing bridge.
Alternate 2: Replace bridge on new location with a new bridge placed northwest of the existing.
Traffic would be maintained on the existing bridge during construction.
The "do-nothing" alternate is not practical, requiring eventual closing of the road as the
existing bridge completely deteriorates. The sufficiency rating of the existing bridge is only 35.1 out
of 100.0. Rehabilitation of the existing deteriorating bridge is neither practical nor economical.
V. COST ESTIMATE
Estimated project costs of the alternates studied are as follows:
Alternate 1 Alternate 2
(Recommended)
Structure
Roadway Approaches
Structure Removal
Temporary Detour Structure
Subtotal
Engineering and Contingencies
Total Construction Cost
Right-of-Way and Utilities
Total Project Cost
$195,000 $195,000
392,000 424,000
21,000 21,000
56,000 Not Applicable
664,000 640,000
111,000 110,000
$775,000 $750,000
36,000 57,000
$811,000 $807,000
VI. RECOMMENDED DV OVEMENTS
NCDOT will replace Bridge No. 177 at the same location, as shown in Figure 2 and described
on page one. Traffic for this dead end road will be maintained with a temporary detour structure
placed to the west during construction.
NCDOT recommends that Alternate 1 be constructed, in order to minimize disturbance to
surrounding natural resources and wetlands.
The Division Engineer concurs with the selection of the recommended alternate.
VII. ENVIRONMENTAL EFFECTS
A. General Environmental Effects
The project is considered to be a "Categorical Exclusion" (CE) due to its limited scope and
insubstantial environmental consequences.
The bridge project will not have a substantial adverse effect on the quality of the human or
natural environment with the use of current NCDOT standards and specifications.
The project is not in conflict with any plan, existing land use, or zoning regulation. No change
in land use is expected to result from construction of the project. No adverse effect on families or
communities is anticipated. Right-of-way acquisition will be limited.
No adverse effect on public facilities or services is expected. The project is not expected to
adversely affect social, economic or religious opportunities in the area.
3
No publicly owned parks, recreational facilities or wildlife or waterfowl refuges of national,
state, or local significance are in the vicinity of the project.
Construction of the project will not have a significant adverse impact on the floodplain or
associated flood hazard. The elevation of the 100-year flood will not be increased by more than 12
inches (0.3 m).
NCDOT expects utility conflicts to be low for a project of this size and magnitude.
There are no known hazardous waste sites in the project area.
B. Architectural & Archaeological Resources
This project is subject to compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended, & implemented by Advisory Council on Historic Preservation's regulations
for compliance with Section 106, codified at 36 CFR Part 800. Section 106 requires that if a federally
funded, licensed, or permitted project has an effect on property listed on or eligible for the National
Register of Historic Places, the Advisory Council on Historic Preservation will be given an
opportunity to comment.
Architectural Resources
A meeting was held with The State Historic Preservation Office (SHPO) to evaluate potential
effects of the project. The SHPO stated that there are no historic structures located within the area of
potential effect (APE) for this project, and recommended that no historic architectural surveys be
conducted. Thus, it is concluded that the project will have no effect on these resources.
Archaeological Resources
A meeting was held with The State Historic Preservation Office (SHPO) to evaluate potential
effects of the project. The SHPO stated that there are no recorded archeological resources located
within the area of potential effect (APE) for this project, and recommended that no archeological
surveys be conducted. Thus, it is concluded that the project will have no effect on these resources.
C. Natural Systems
PHYSICAL RESOURCES
The project study area lies within the coastal plain physiographic province. The topography
in this section of Bladen County is characterized as nearly level to gently sloping. The project area
consists of nearly level topography in the Colly Creek floodplain with a slight incline sloping away
from the floodplain to the southwest. Project elevation is approximately 13.7 in (45.0 ft) above mean
sea level (msl).
4
B. Soils
The project area is located within the Croatan - Dorovan Association. This region is nearly
level and lies in an area with very poorly drained soils that contain muck surface and subsurface
layers underlain by loamy material. Table 1 contains characteristics of the four soil phases contained
within the project area.
iT,ablell ,So ds "in -Tr9'ect Am B-34 13; Sladed-Coun
Soil phase Location Soil High water Limits Hydric
drainage table Soil?
Dorovan Floodplains or along Very At or near Wetness, high yes
Muck major drainageways, poorly surface acidity, flooding,
slopes are less than drained low strength
2%
Leon Sand Flats or in Poorly At or near Wetness, yes
depressions near drained the surface, sandiness
Carolina Bays winter
through
spring
Kenansville Stream terraces of well Greater than Leaching of no
Sand creek on 0 to 3% drained 6 ft nutrients, soil
slopes blowing, low
water availability
Centenary Broad smooth flats, Moderatel Depth of 3.5 Seepage, wetness, Inclusions
Sand uplands and stream y well - 5 ft thick sandy layers of Leon
terraces drained sand
(hydric)
Soil core samples taken within the project area revealed wet, mucky soils with a loamy
texture. Soils within close proximity to Colly Creek (Dorovan muck) were typically saturated at or
near the surface. These soils have a histic epipedon with a soil color of NO/2.5 over a sandy mineral
component, deeper in the horizon. Soils were black and `greasy' with much organic matter. The dark
color may be attributed to Pamlico inclusions which are darker than Dorovan muck as observed in the
field.
C. Water Resources
D. Waters Impacted and Characteristics
Colly Creek is the only surface water resource directly impacted by the proposed bridge
replacement project (Figure 1). Colly Creek is located in sub-basin 03-06-20 of the Cape Fear River
Basin. Headwaters of this creek drain several Carolina Bays and originate about 17 miles upstream of
the project vicinity. John's Swamp joins Colly Creek about a mile downstream from the project area.
Colly Creek then flows southeastward for approximately 20 miles where it joins the Black River
which eventually flows into the Cape Fear River. At the time of the site visit, Colly Creek had a
width of 13.4 in (44.0 ft) and water depth was variable. The creek appeared tea-colored (tannic) but
5
clear. Flow was fairly slow and difficult to detect, and at times Colly Creek has periods of no flow
(NCDEHNR-DWQ 1996).
E. Best Usage Classification
The Division of Water Quality (DWQ) has assigned streams a best usage classification. The
classification of Colly Creek.[DWQ Index no. 18-68-17] is class `C Sw'. (DEHNR-DWQ 1999). The
`C' classification denotes waters suitable for aquatic life propagation and survival, fishing, wildlife,
secondary recreation and agriculture. The supplemental classification of `Sw' denotes swamp waters
indicating those waters that generally have naturally occurring low velocities, low pH and low levels
of dissolved oxygen.
Neither High Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or
WS-II: predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur
within 1.6 km (1.0 mile) of project study area.
F. Water Quality
There are no benthic macroinvertebrate monitoring sites on Colly Creek. However, approximately
five miles upstream of the confluence of the Black River and Colly Creek, the Black River was
sampled for benthic macroinvertebrates (U.S. Highway 11) in August 1993 and earned a rating of
`Excellent'. The Black River was more recently sampled at the same site in August 1998 and
achieved a rating of `Good'.
The NC Index of Biotic Integrity (NCIBI) is a method for assessing a stream's biological integrity
by examining the community, structure and health of fish populations. Fish were sampled in Colly
Creek, by the DWQ, approximately 15 miles upstream of the project area at US Highway 701. An
ecological health integrity rating of `Good-Fair' was assigned for this sampling site based on the
NCIBI.
Point source dischargers located throughout North Carolina are permitted through the NPDES
Program. There are no permitted NPDES dischargers located within 1.6 km (1.0 mi) of the project
area.
Non-point source pollution refers to runoff that enters surface waters through stormwater flow or
through no defined point of discharge. The non-point sources that could be identified during the site
visit were forestry and runoff from the dirt road (SR 1532).
G. Summary of Anticipated Impacts
Project construction may result in the following impacts to surface waters:
1. Increased sedimentation and siltation from construction and/or erosion.
2. Changes in light incidence and water clarity due to increased sedimentation and vegetation
removal.
6
3. Alteration of water levels and flows due to interruptions and/additions to surface and ground
water flow from construction.
4. Changes in water temperature due to streamside vegetation removal.
5. Increased nutrient loading during construction via runoff from exposed areas.
Precautions should be taken to minimize impacts to water resources in the study area.
NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters and
Sedimentation Control guidelines must be strictly enforced during the construction stage of the
project.
H. Impacts from Bridge Demolition
Bridge No. 177 over Colly Creek has an asphalt overlay surface on a timber floor with timber
joists. The bridge has timber cap and pile and end bents. The asphalt will be removed prior to
demolition and will not be dropped into the water. Since the bridge is of timber components, none of
the bridge will be dropped into the water during removal; therefore, bridge removal will not impact
Colly Creek.
BIOTIC RESOURCES
Fauna observed during the site visit are denoted by an asterisk (*). Published range distributions
and habitat analysis are used in estimating fauna expected to be present within the project area.
Biotic Communities
Five communities are identified in the project study area. The wetland community is part of a
large system known as `Big Colly Swamp Natural Area' identified by the NC Natural Heritage
Program as a `significant natural area'.
Community boundaries within the study area are fairly well defined without a significant
transition zone between them, and terrestrial faunal species likely to occur within the study area may
exploit all communities for shelter and foraging opportunities or as movement corridors.
1. Maintained/Disturbed
The maintained/disturbed community occurred on the northeastern portion of the project on
Alternate 2 and encompassed a frequently maintained lawn while both alternates encompass a small
portion of roadside shoulder.
Flora found in the frequently maintained road shoulder included panic grass (Panicum sp.),
common ragweed (Ambrosia artemisiifolia), Joe-pye weed (Eupatorium fistulosum), evening
primrose (Oenothera sp), horse nettle (Solanum carolinense), New York ironweed (Vernonia
noveboracensis), tickseed (Bidens bipinnata), giant cane (Arundinaria gigantea), Brazilian richweed
(Richardia brasiliensis) and smartweed (Polygonum sp). Vines along the edges of roadshoulders
include poison ivy (Toxicodendron radicans), trumpet creeper (Campsis radicans) and greenbrier
7
(Smilax laurifolia). A ditch near the road shoulder that appears to hold water much of the time,
contained cinnamon fern (Osmunda cinnamomea), mermaid weed (Proserpinaca sp.), meadowbeauty
(Rhexia mariana) and sphagnum moss (Sphagnum sp.).
The maintained lawn contained a few sparse canopy trees of water oak (Quercus nigra),
sweetgum (Liquidambar styraciua) and loblolly pine (Pinus taeda) with an open understory
consisting of various grasses. Along the edge of the lawn, adjacent to the cypress--gum swamp, giant
cane and herbs such as white snakeroot (Eupatorium rotundifolium) and netted chainfern
(RRoodwardia areolata) grew. Shrubs including blackberry (Rubes argutus), winged sumac (Rhus
copallina), Virginia willow (Itea virginica) and wax myrtle (Myrica cerifera) also were present.
J. Cypress-Gum Swamp
Dominant canopy trees include bald cypress (Taxodium distichum), a few pond cypress
(Taxodium ascenders) and swamp black-gum (Nyssa Mora) which occur in the lowest, wettest
portion of the swamp. Water marks and moss on trees indicate that water inundates the site to a
height of about two feet for prolonged periods. The absence of ground vegetation provided further
evidence of prolonged flooding. Graceful wisps of spanish moss (Tillandsia usenoides) and
resurrection fern (Polypodium polypodiodes) grew in the canopy trees.
In some areas of the swamp, laurel oak (Quercus laurifolia) is found as a canopy constituent.
Inclusion of this species in the canopy may suggest that classification of this wetland would be more
appropriate as bottomland hardwoods (black water subtype). However, since the majority of this
wetland is cypress-gum swamp, it will be considered as such.
The subcanopy was comprised of red maple (Acer rubrum) with a few scattered shrubs including
ti-ti (Cyrilla racemiflora), swamp bay (Persea palustris), sweet pepperbush (Clethra alnifolia) and
Virginia willow (Itea virginica). The river's edge contained very little berm since blackwaters carry
and deposit very little sediment. Blueberry (Yaccinium sp.) and fetterbush (Lyonia lucida) grow
along the raised edge (slight berm) near the river. Cinnamon fern and netted chain fern were
scattered throughout, growing on higher stumps or fallen trees and giant cane grew in patches.
Several large trees were windthrown, creating breaks in the canopy and deeper pools within the
wetland. Three-way sedge (Dulichium arundinaceum) was present in the pools created by
windthrown tree roots.
K. Floodplain--terrace
This community is found on the south side of the bridge along both alternates. Dominant canopy
trees include laurel oak and loblolly pine with a subcanopy of red maple, sweetbay magnolia
(Magnolia virginiana), swamp bay and evergreen shrubs such as fetterbush (Lyonia lucida),
gallberry (Ilex coriacea) and ti-ti. Blueberry (Vaccinium spp.), staggerbush (Lyonia mariana),
zenobia (Zenobia pulverulenta - typically a pocosin plant) and swamp azalea (Rhododendron
viscosum) were also found in the shrub layer. Dense tangles of greenbrier were present and the forest
floor contained a thick layer of duff (leaves, pine needles, etc), which restricted growth of herbaceous
vegetation. The wetland boundary was evident in this community on alternate 1, as indicated by a
break in terrain and by the presence of bracken fern (Pteridium aquilinum) on the upper drier area and
clumps of cinnamon fern occurring in the lower, wetter portion of the floodplain--terrace.
8
L. Mesic Pine Flatwoods
This community type occurred on the highest elevation in the project area on both sides of the
road at the far southwest end of the project. Overstory vegetation was comprised of an open canopy
of longleaf pine (Pinus palustris) and loblolly pine. Subcanopy contained sand post oak (Quercus
margaretta) and a few saplings of red maple and sweetgum. Shrubs in the understory were sparse
and included sweetbay magnolia and blueberry (Vaccinium tenellum). Little bluestem (Andropogon
scoparius), sheep sorrel (Rumex acetosella), goldenrod (Solidago odors) bracken fern, meadowbeauty
(Rhexia sp.) and wire grass (Aristida stricta) comprised the herb layer. In addition the vine, yellow
jasmine (Gelsemium sempervirens), grew abundantly.
M. Perennial stream (blackwater subtype)
Colly Creek is approximately 14 m (45 ft) wide near the bridge. Water depth is variable and flow
is slow and difficult to detect during dry conditions. Sparse mats of creeping rush (Juncus repens)
occur along the water's edge. This swamp system is characterized as a blackwater river system.
N. Wildlife
0. Terrestrial Fauna
Mammals associated with the project area include raccoon* (Procyon lotor), muskrat (Ondatra
zibethicus), eastern cottontail* (Sylvilagus palustris), southeastern shrew (Sorex longirostris) and
golden mouse (Ochrotomys nuttallt). Amphibians utilizing the wooded community include squirrel
treefrog (Hyla squirella) which is common in open woods and barking treefrog (H. gratiosa) found in
low wet woods. Fowler's toad (Bufo woodhousei) is abundant on edges of streams and the southern
cricket frog (Acris gryllus) is common in the grassy margins of coastal streams. Reptiles commonly
found in this type of habitat include Carolina anole* (Anolis carolinensis), southeastern five-lined
skink* (Eumeces inexpectatus), cottonmouth (Agkistrodon piscivorus), timber rattlesnake* (Crotalus
horridus) and various species of water snakes (Nerodia spp.).
Avian species that are considered yearlong residents and are likely to utilize this area for forage
and nesting include Carolina chickadee (Parus carolinensis), tufted titmouse (Parus bicolor),
Carolina wren* (Thryothorus ludovicianus), cardinal* (Cardinalis cardinalis), red bellied
woodpecker* (Melanerpes carolinus), downy woodpecker* (Picoides pubescens), white breasted
nuthatch* (Sitta carolinensis), turkey vulture* (Cathartes aura) and red-shouldered hawk* (Buteo
lineatus). Migratory avian species utilizing the area include great crested flycatcher (Myiarchus
crinitus), Acadian flycatcher* (Empidonax virescens), common yellowthroat (Geothlypis trichas)
yellow throated warbler (Dendroica dominica), northern parula warbler* (Parula americana),
prothonotary warbler* (Protonotaria citrea), hooded warbler* (Wilsonia citrina) red-eyed vireo*
(Vireo olivaceus), white-eyed vireo* and summer tanager* (Piranga rubra).
P. Aquatic Fauna
In May 1998, Colly Creek was sampled for fish by electroshocking by the DWQ approximately
15 miles upstream from the bridge project at U.S. Highway 701. Some of the fish inhabiting this
blackwater system include brown bullhead (kialurus nebulosus), pirate perch (Aphredoderus
sayanus), flier (Centrarchus macropterus), bluespotted sunfish (Enneacanthus gloriosus), redfin
pickerel (Esox americanus), yellow perch (Percaflavescens), swampfish (Chologaster cornuta) and
9
bowfin (Amia calva). These fish are typical species for blackwater systems since they are tolerant of
low pH values and low dissolved oxygen levels which limit the diversity of fish present.
Much of the Black River, to which Colly Creek is a tributary, is considered "Anadramous Fish
Spawning Area". However, Colly Creek is not considered to be part of the spawning area according
to the Environmental Sensitivity Base Map for Bladen County (1995).
Q. Summary of Anticipated Impacts
Table 2 summarizes potential quantitative losses to these biotic communities, resulting from
project construction.
Estimated impacts are derived using the entire proposed right of way width. Project construction
does not usually require the entire right of way, therefore, actual impacts may be considerably less.
Table 2.Anticipated 3mpaets'tto Biotic'Communities
3: ?; ?_ lllln hectares (acr
Community type Alternate 1 Alternate 2
Maintained/Disturbed 0.03 (0.08) 0.08 (0.21)
temporary
Cypress--Gum Swamp (blackwater subtype) 0.23 (0.56) 0.30 (0.75)
temporary
Floodplain--Terrace 0.03 (0.08) 0.06 (0.14)
temporary
R. Wetland Impacts (combination of Cypress--Gum 0.25 (0.61) 0.32 (0.80)
Swamp and portion of Floodplain--Terrace) temporary
S. Mesic Pine Flatwoods 0.11 (0.27) 0.10 (0.24)
temporary
T. Total 0.40 (0.99) 0.56 (1.38)
4.0 JURISDICTIONAL TOPICS
U. Waters of the United States
Surface waters and wetlands fall under the broad category of "Waters of the United States," as
defined in Section 33 of the Code of Federal Register (CFR) Section 328.3(a). Wetlands, defined in
33 CFR Section 328.3(b), are those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and under normal circumstances do support, a
prevalence of vegetation typically adapted to life in saturated conditions. Any action that proposes to
place fill into these areas falls under the jurisdiction of the U.S. Army Corps of Engineers (COE)
under Section 404 of the Clean Water Act (33 U.S.C. 1344).
10
V. Characteristics of Wetlands and Surface Waters
Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers
Wetland Delineation Manual". The three parameter approach is used where hydric soils (low chrome
values for soil), hydrophytic vegetation and characteristic wetland hydrology must all be present for
an area to be considered a wetland. Observations such as water stained leaves, buttressed or water
stained tree trunks, drift lines and adventitious roots are indications of wetland hydrology. Based on
these criteria, wetlands are present throughout much of the project area. The dominant
community, the cypress-gum swamp, is a jurisdictional wetland and a portion of the floodplain-
-terrace is considered to be wetlands. These wetlands would be temporarily impacted if
Alternate 1 is chosen and permanently impacted with the selection of Alternate 2. In addition,
less wetland acreage is affected with the selection of Alternate 1.
Colly Creek is a jurisdictional surface water under Section 404 of the Clean Water Act (33
U.S.C. 1344). Discussion of the biological, physical and water quality aspects of this stream is
presented in previous sections of this report.
Summary of Anticipated Impacts to Waters of the United States
Since the Colly Creek bridge is to be replaced with a bridge,.there are likely to be minimal direct
impacts to the surface waters of Colly Creek. However, there is potential for the anticipated impacts
to cover 18.3 m (60.0 ft) for a perpendicular crossing. Anticipated impact is determined by using the
entire project ROW width. Usually project construction does not require the entire ROW; therefore,
actual surface water impacts may be considerably less.
Permits
Impacts to jurisdictional surface waters (wetlands) are anticipated. In accordance with provisions
of Section 404 of the Clean Water Act, a permit will be required from the COE for the discharge of
dredged or fill material into "Waters of the United States."
It will be up to the COE to determine the applicability of Section 404 Nationwide Permit No. 23
for this project. Wetlands will be temporarily impacted; however, due to soil compaction and
removal of trees, these impacts may be considered permanent. Depending upon the decision by the
COE, a Nationwide Permit No. 23 may be applicable for all impacts to Waters of the United States
from the proposed project. This permit authorizes activities undertaken, assisted, authorized,
regulated, funded or financed in whole, or part, by another Federal agency or department where that
agency or department has determined that pursuant to the council on environmental quality regulation
for implementing the procedural provisions of the National Environmental Policy Act;
(1) 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 cumulatively have a significant effect on the human environment, and;
(2) that the office of the Chief of Engineers has been furnished notice of the agency or
department's application for the categorical exclusion and concurs with that determination.
11
A North Carolina Division of Water Quality Section 401 Water Quality Certification is required
prior to the issuance of the Section 404. Section 401 Certification allows surface waters to be
temporarily impacted for the duration of the construction or other land manipulations.
Avoidance, Minimization and Mitigation
The COE has adopted, through the Council on Environmental Quality (CEQ), a wetland and
stream mitigation policy which embraces the concept of "no net loss" and sequencing.
From a natural resource perspective, Alternate 1 would be preferred chosen. Alternate 1 would
impact less wetland acreage. Impacts from Alternate 2 would become permanent as the approach and
bridge would be on new alignment.
Rare and Protected Species
Some populations of fauna and flora have been in, or are in, the process of decline either due to
natural forces or their inability to coexist with human activities. Federal law (under the provisions of
the Endangered Species Act of 1973, as amended) requires that any action likely to adversely affect a
species classified as federally protected be subject to review by the FWS. Other species may receive
additional protection under separate state laws.
Federally-Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed Endangered
and Proposed Threatened are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act (ESA) of 1973, as amended. As of February 28, 2000, the FWS lists the following
federally protected species for Bladen County (Table 3). A brief description of each species'
characteristics and habitat requirements follows.
Table 3. Federally-Protected Species fm Bladen,Clounty

SCIENTIFIC NAME COMMON NAME STATUS
Acipenser brevirostrum shortnose sturgeon Endangered
Alligator mississippiensis American alligator Threatened due to
Similarity of
Appearance
Picoides borealis red-cockaded woodpecker Endangered
Lindera melissifolia pondberry Endangered
Lysimachia asperulaefolia rough-leaved loosestrife Endangered
Schwalbea americana American chaffseed Endangered
Endangered denotes a species that is in danger of extinction throughout all or a significant portion of
its range
"*" denotes no specimen from Bladen County found in the past twenty years.
Threatened due to Similarity of Appearance denotes a species that is threatened due to similarity of
appearance with another rare species and is listed for its protection.
12
Name:-American alligator (Alligator mississippiensis) Threatened Due to Similarity of
.•+.a?inLYd 1,. l.'A-il++i i.tiwl.AL"_. ..? ....r ... ? .. "..«..
Animal family: Alligatoridae
Date listed: June 4, 1987
The American alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a
broadly rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color.
Young are black with conspicuous yellow crossbands; the banding may occasionally persist on adults,
although very faintly. The alligator is found rivers, streams, canals, lakes, swamps, bayous, and
coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The diet consists of
anything of suitable size, including mammals, reptiles, amphibians, birds, fish, and crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of grass
and other vegetation that may be two feet high and six feet across. The nest is usually constructed
near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid in a cavity near the
top of the mound, and is incubated by the heat from the decaying vegetation. The female usually
remains near the nest until the eggs hatch. Hatching takes place in about nine weeks, at which time
the young begin calling to alert the female to excavate the nest. Individuals can travel great distances,
both overland and in the water, but males tend to travel more than females.
The primary threats to the alligator in the past have been loss of habitat and overhunting. The
legal protections in recent years have allowed this species to increase significantly, and it is now
considered biologically secure.
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the illegal
trade of other protected crocodilians such as the American crocodile, federal regulations (such as hide
tagging) are maintained on the commercial trade of alligators. No survey is required for this species.
Short nosed sturgeon (Acipei ser*evirosV*)n? , -Endangered ` .
Animal family: Acipenseridae
Date Listed: March 11, 1967
The short-nosed sturgeon is a small (lmeter in length) species of fish which occurs in the lower
sections of large rivers and in coastal marine habitats from the St. Johns River, Canada to the Indian
River. Florida. It can be differentiated from the Atlantic sturgeon by its shorter snout, wider mouth
and the pattern of its pre-anal shields (the short-nosed sturgeon having one row and the Atlantic
which has two rows).
The short-nosed sturgeon requires large fresh water rivers that are unobstructed by dams or
pollutants to reproduce successfully.
BIOLOGICAL CONCLUSION NO EFFECT
13
Suitable habitat in the form of large fresh water is not present in the project area. In addition, a
review of the North Carolina NHP database indicated no known occurrence of short-nosed sturgeon
within 1.6 km (I.Omi) of the project area. It can therefore be concluded that this project will not
affect this species.
Tcorales AP",,ealis. prod-cockaded woodpecker) Endangered
Animal Family. Picidae.
Date Listed: October 13, 1970
The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white except
for small red streaks on the sides of the nape in the male. The back of the RCW is black and white
with horizontal stripes. The breast and underside of this woodpecker are white with streaked flanks.
The RCW has a large white cheek patch surrounded by the black cap, nape, and throat.
The RCW uses open old,growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine, lack a
thick understory, and be contiguous with other stands to be appropriate habitat for the RCW. These
birds nest exclusively in trees that are >60 years old and are contiguous with pine stands at least 30
years of age. The foraging range of the RCW is up to 200.0 ha (500.0 ac). This acreage must be
contiguous with suitable nesting sites.
These woodpeckers nest exclusively in living pine trees and usually in trees that are infected with
the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 in (12.0-100.0
ft) above the ground and average 9.1- 15.7 in (30.0-50.0 ft) high. They can be identified by a large
incrustation of running sap that surrounds the tree. The RCW lays its eggs in April, May, and June;
the eggs hatch approximately 38 days later.
BIOLOGICAL CONCLUSION "WO EFFECT
Habitat in the form of old-growth pine trees with an open understory does not exist in the project
study area. The NC Natural Heritage Program database of rare and unique habitats does not contain
records for the RCW within the project vicinity. It is concluded therefore that project construction
will not affect the red-cockaded woodpecker.
Lindera melissifolia (pondberry) Endangered
Plant Family: Lauraceae
Federally Listed: July 31, 1986
Flowers Present: March - early April
Pondberry is a deciduous, aromatic shrub that has a distinct sassafras-like odor. Leaves in the
pondberry are arranged alternately, have rounded bases, and droop downward. It has small pale
yellow flowers that appear in early spring before the leaves emerge. The fruit is a bright red drupe
that matures in August or September.
14
Pondberry grows in lowland habitats with hydric soils. These sites are generally flooded at some
time during the growing season. It is associated with the margins of sinks, ponds, and other like
depressions. The soils present are sandy with a high peat content in the subsurface. Areas inhabited
by this species show signs of past fire maintenance and now have shrubby conditions. The plants
generally grow in shady areas but may also be found in areas that receive full sunlight.
?IOLOCiICALCONCLUSIONNO EFFECT s.:
Habitat in the form of shrubby growth with occasional flooding does exist in the project study
area. However, a search for Lindera melissifolia was conducted during the flowering period for this
species on June 14, 1999 and no plants were found. In addition, the NC Natural Heritage Program
database of rare and unique habitats does not contain records for Lindera melissifolia within the
project vicinity. It is therefore concluded that project construction will not affect pondbenry.
3'si?rurc asperu aefoTla (mugh?leaved onsestrife Zudaniiiid
...' ? .._T.„; .... .
Plant Family: Primulaceae
Federally Listed: June 12, 1987
Flowers Present: June
Rough-leaved loosestrife is a perennial herb with slender stems and whorled leaves. This herb
has showy yellow flowers which usually occur in whorls of threes or fours. Fruits are present from
July through October.
Rough-leaved loosestrife is endemic to the coastal plain and sandhills of North and South
Carolina. This species occurs in the ecotones or edges between longleaf pine uplands and pond pine
pocosins (areas of dense shrub and vine growth usually on a wet, poorly drained soil), on moist to
seasonally saturated sands and on shallow organic soils overlaying sand. It has also been found to
occur on deep peat in the low shrub community of large Carolina bays (shallow, elliptical, poorly
drained depressions of unknown origins). The areas in which it occurs are fire maintained. Rough-
leaved loosestrife rarely occurs in association with hardwood stands and prefers acidic soils.
;BIOLOGICAL CONCLUSION `-NO EFFECT
The project study area is not fire-maintained, however the road shoulders are regularly disturbed,
which is preferential for rough-leaved loosestrife. A search for Lysimachia asperulaefolia was
conducted during the flowering period for this species on June 14, 1999 and no plants were found. In
addition, the NC Natural Heritage Program database of rare and unique habitats does not contain
records for Lysimachia asperulaefolia within the project vicinity. It is therefore concluded that
project construction will not affect rough-leaved loosestrife.
,Schwalbea americans (American chaffseed) Endangered
Plant Family: Scrophulariaceae
Federally Listed: September 29,1992
Flowers Present: late May-early June
15
American chaffseed is an erect herb whose stems branch only at the base (if at all). The entire
plant is pubescent, with upwardly curving hairs. The narrow leaves are alternate, lance-shaped to
elliptic and stalkless. The leaves are three veined and become progressively smaller towards the top.
It bears solitary flowers in the axils of the upper-most leaves. The purplish-yellow flowers are
arranged into racemes. The fruits consist of a long narrow capsule, enclosed in a loose-fitting sack-
like structure.
American chaffseed occurs in open, moist pine flatwoods, fire maintained savannas, ecotonal
areas between peat wetlands and open grass-sedge systems. Soils are generally sandy, acidic, and
seasonally moist to dry. Fire is important in the maintenance of open habitat for the American
chaffseed.
NO`EFFECT
The study corridors are not fire-maintained, which is a requirement for American chaffseed. A
search for Schwalbea americana was conducted near the end of the flowering period for this species
on June 14, 1999 and no plants were found. Moreover, the NC Natural Heritage Program database of
rare and unique habitats does not contain records for Schwalbea americana within the project
vicinity. It is therefore concluded that project construction will not affect American chaffseed
W. 4.2.2 Federal Species of Concern and State Listed Species
There are 26 Federal Species of Concern (FSC) listed for Bladen County. Federal Species of
Concern are not afforded federal protection under the ESA and are not subject to any of its provisions,
including Section 7, until they are formally proposed or listed as Threatened or Endangered. Federal
Species of Concern are defined as those species that may or may not be listed in the future. These
species were formerly candidate species, or species under consideration for listing for which there
was insufficient information to support a listing of Endangered, Threatened, Proposed Endangered
and Proposed Threatened. Organisms which are listed as Endangered, Threatened, or Special
Concern by the North Carolina Natural Heritage Program (NCNHP) list of rare plant and animal
species are afforded state protection under the State Endangered Species Act and the North Carolina
Plant Protection and Conservation Act of 1979.
16
Table 4 lists the Federal Species of Concern, the species' state status and the presence of
suitable habitat for each species in the study area. This species list is provided for information
purposes as the status of these species may be upgraded in the future.
Table 4. Federal Species of Concern for Bladen' Coup

Scientific name Common name tate
tatus Habitat
Aimophila aestivalis Bachman's sparrow SC no
Corynorhinus ratinesquii Rafinesque's big-eared bat SC yes
Heterodon simus Southern hognose snake SR* no
Ophisaurus mimicus Mimic glass lizard SC no
Rana capito Carolina gopher frog SC no
Fusconaia masoni Atlantic pigtoe T yes
Hemipachnobia subporphyrea Venus flytrap cutworm moth SR no
Lampsilis cariosa Yellow lampmussel T no
Progomphus bellei Belle's sanddragon SR yes
Amorpha georgiana var. confusa Savannah indigo-bush E no
Asplenium heteroresiliens Carolina spleenwort E no
Astragalus michauxii Sandhills milkvetch C/PT no
Carex chapmanii Chapman's sedge W1 unknown
Dionaea muscipula Venus flytrap C-SC no
Eupatorium resinosum Resinous boneset T-SC yes
Kalmia cuneata White wicky E-SC/PC no
Litsea aestivalis Pondspice C no
Lobelia boykinii Boykin's lobelia C no
Macbridea caroliniana Carolina bogmint C/PT yes
Parnassia caroliniana Carolina grass-of-parnassus E no
Parthenium radfordii Waveyleaf wild quinine W2 unknown
Plantago sparsiflora Pineland plantain E no
Pteroglossaspis ecristata Spiked medusa E** no
Rhexia aristosa Awned meadowbeauty T no
Solidago verna Spring-flowering goldenrod E/PT no
Tofieldia glabra Carolina asphodel C* no
"E"--An Endangered species is one whose continued existence as a viable component of the State's
flora is determined to be in jeopardy.
"T"'--A Threatened species is one which is likely to become endangered species within the
foreseeable future throughout all or a significant portion of its range.
"SC"--A Special Concern species is one which requires monitoring but may be taken or collected and
sold under regulations adopted under the provisions of Article 25 of Chapter 113 of the General
Statutes (animals) and the Plant Protection and Conservation Act (plants). Only propagated
material may be sold of Special Concern plants that are also listed as Threatened or Endangered.
"C"--A Candidate species is one which is very rare in North Carolina, generally with 1-20 populations
in the state, generally substantially reduced in numbers by habitat destruction, direct
exploitation or disease. The species is also either rare throughout its range or disjunct in North
Carolina from a main range in a different part of the country or the world.
17
"SR"--A Significantly Rare species is one which is very rare in North Carolina, generally with 1-20
populations in the state, generally substantially reduced in numbers by habitat destruction, direct
exploitation or disease. The species is generally more common elsewhere in its range, occurring
peripherally in North Carolina.
"W 1 "--A Watch Category 1 species is a rare species whose status in North Carolina is relatively well
known and which appears to be relatively secure at this time.
"W2"--A Watch Category 2 species is a rare to uncommon species in North Carolina, but is not
necessarily declining or in trouble.
"/P "--denotes a species which has been formally proposed for listing as Endangered, Threatened, or
Special Concern, but has not yet completed the listing process.
"*"--No specimen found in Bladen County in fifty years.
"**"--Obscure record (the date and/or location of observation is uncertain).
(NHP, 1997)
A review of the NC Natural Heritage Program (NHP) database of rare species and unique habitats
(July 1999) revealed no records of Federal Species of Concern in or near the project study area.
Surveys for the state listed species were not conducted, nor were any of these species observed.
D. Air Quality and Traffic Noise
This project is an air quality "neutral" project, thus it is not required to be included in the
regional emissions analysis (if applicable) and a project level CO analysis is not required.
If the project disposes of vegetation by burning, all burning shall be done in accordance with
applicable local laws and regulations of the North Carolina SIP for air quality in compliance with 15
NCAC 213.0520.
The project will not substantially increase traffic volumes. Therefore, it will have no
substantial impact on noise levels. Temporary noise increases may occur during construction.
E. Farmland
The Farmland Protection Policy Act of 1981 requires that all federal agencies or their
representatives, to consider the impact of land acquisition and construction projects on prime and
important farmland soils. These soils are determined by the US Natural Resources Conservation
Service (MRCS) based on criteria such as potential crop yield and possible level of input of economic
resources. The project will result in the conversion of a small amount of land but the area to be
converted is void of agricultural uses. Therefore, no further consideration of impacts to farmland is
required.
18
SINGLET ARY
LAKE
Run
Lake _.._.._ .., o?Q: •'
4 `
1560 Bridge \0.111
1.6 3.7
1531 1532
i
.Q
Lagoon
N
O
S

?- North Carolina
Department of Transportation
g Division of Highways
' -Planning & Environmental Branch
Bladen County
Replace Bridge No.171 on 5R 1532
Over Colly Creek
B-3413
Figure 1
V, -TAXI"
y f w
?..!, ' Mry ?

Looking north
across Bridge
No. 177
Looking nth
across Bridge
No. 177
E North Carolina Wildlife Resources Commission®
312 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Bill Goodwin, Project Planning Engineer
Project Development & Environmental Analysis Branch, NCDOT
FROM: David Cox, Highway Project Coordr'r or
Habitat Conservation Program
DATE: March 19, 1999
SUBJECT: NCDOT Replacements in Bladen and Jones counties. TIP Nos. B-3409,
B-3412, B-3413, and B-3438.
Biologists with the N. C. Wildlife Resources Commission (NCWRC) have
reviewed the information provided and have the following preliminary comments on the
subject project. Our comments are provided in accordance with provisions of the
National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
On bridge replacement projects of this scope our standard recommendations are as
follows:
1. We generally prefer spanning structures. Spanning structures usually do not
require work within the stream and do not require stream channel realignment.
The horizontal and vertical clearances provided by bridges allows for human
and wildlife passage beneath the structure, does not block fish passage, and
does not block navigation by canoeists and boaters.
2. Bridge deck drains should not discharge directly into the stream.
3. Live concrete should not be allowed to contact the water in or entering into the
stream.
4. If possible, bridge supports (bents) should not be placed in the stream.
Bridge Replacement Memo 2 March 19, 1999
5. If temporary access roads or detours are constructed, they should be removed
back to original ground elevations immediately upon the completion of the
project. Disturbed areas should be seeded or mulched to stabilize the soil and
native tree species should be planted with a spacing of not more than 10'x10'.
If possible, when using temporary structures the area should be cleared but not
grubbed. Clearing the area with chain saws, mowers, bush-hogs, or other
mechanized equipment and leaving the stumps and root mat intact, allows the
area to revegetate naturally and minimizes disturbed soil.
6. A clear bank (riprap free) area of at least 10 feet should remain on each side of
the steam underneath the bridge.
7. In trout waters, the N.C. Wildlife Resources Commission reviews all U.S.
Army Corps of Engineers nationwide and general `404' permits. We have the
option of requesting additional measures to protect trout and trout habitat and
we can recommend that the project require an individual `404' permit.
8. In streams that contain threatened or endangered species, NCDOT biologist
Mr. Tim Savidge should be notified. Special measures to protect these
sensitive species may be required. NCDOT should also contact the U.S. Fish
and Wildlife Service for information on requirements of the Endangered
Species Act as it relates to the project.
9. In streams that are used by anadromous fish, the NCDOT official policy
entitled "Stream Crossing Guidelines for Anadromous Fish Passage (May 12,
1997)" should be followed.
10. In areas with significant fisheries for sunfish, seasonal exclusions may also be
recommended.
If corrugated metal pipe arches or concrete box culverts are used:
1. The culvert must be designed to allow for fish passage. Generally, this means
that the culvert or pipe invert is buried at least 1 foot below the natural stream
bed. If multiple cells are required the second and/or third cells should be
placed so that their bottoms are at stream bankful stage (similar to Lyonsfield
design). This will allow sufficient water depth in the culvert or pipe during
normal flows to accommodate fish movements. If culverts are long, baffle
systems are required to trap gravel and provide resting areas for fish and other
aquatic organisms.
2. If multiple pipes or cells are used, at least one pipe or box should be designed
to remain dry during normal flows to allow for wildlife passage.
3. Culverts or pipes should be situated so that no channel realignment or
widening is required. Widening of the stream channel at the inlet or outlet of
structures usually causes a decrease in water velocity causing sediment
deposition that will require future maintenance.
4. Riprap should not be placed on the stream bed.
In most cases, we prefer the replacement of the existing structure at the same
location with road closure. If road closure is not feasible, a temporary detour should be
designed and located to avoid wetland impacts, minimize the need for clearing and to
Bridge Replacement Memo 3 March 19, 1999
avoid destabilizing stream banks. If the structure will be on a new alignment, the old
structure should be removed and the approach fills removed from the I00-year
floodplain. Approach fills should be removed down to the natural ground elevation. The
area should be stabilized with grass and planted with native tree species. If the area that
is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If
successful, the site may be used as wetland mitigation for the subject project or other
projects in the watershed.
Project specific comments:
1. B-3409 - Bladen County - Bridge No. 27 is surrounded by high quality
wetlands. This project should be replaced in-place with road closure. All
construction activity should be restricted to the cleared right-of-way on the
western (downstream) side of the existing structure.
2. B-3412 - Bladen County - Bridge No, 100 may have wetlands adjacent to the
roadway. All construction activity should take place in the cleared right-of-
way on the southeastern (upstream) side of the existing bridge. If an on-site
detour is needed it should also use the cleared area.
3. B-3413 - Bladen County - Bridge No. 177 may have wetlands adjacent to the
roadway. All construction activity should be restricted to the cleared right-of-
way on the western (upstream) of the existing bridge. If an on-site detour is
needed it should also use the cleared area.
4. B-3438 - Jones County - Bridge No. 19 crosses Mill Creek, which is a
tributary to the Trent River. This stream supports a good fishery for sunfish
and chain pickerel. We request that no in-water work be performed from
April 1 to September 30. If a temporary detour is need, we suggest the using
the downstream side of the existing bridge. Sediment curtains should be used
to minimize impacts from turbidity.
We request that NCDOT routinely minimize adverse impacts to fish and wildlife
resources in the vicinity of bridge replacements. The NCDOT should install and
maintain sedimentation control measures throughout the life of the project and prevent
wet concrete from contacting water in or entering into these streams. Replacement of
bridges with spanning structures of some type, as opposed to pipe or box culverts, is
recommended in most cases. Spanning structures allow wildlife passage along
streambanks, reducing habitat fragmentation and vehicle related mortality at highway
crossings.
If you need further assistance or information on NCWRC concerns regarding
bridge replacements, please contact me at [phone]. Thank you for the opportunity
to review and comment on these projects.

North Carolina Department of Cultural Resources
James B. Hunt Jr., Governor
Betty Ray McCain, Secretary
March 1, 1999
MEMORANDUM
TO: William D. Gilmore, F.E., Manager
Project Development and Environmental Analysis Branch
Division of Highways
Department of Transportation
FROM: David Brook `` te
Deputy State Historic Preservation Officer
SUBJECT: Bridge No. 177 on SR 1 532 over Colly Creek,
B-3413, Bladen County, ER 99-8188
Division of Archives and History
Jeffrey J. Crow, Director
Thank you for your memorandum of January 29, 1999, concerning the above project.
We have conducted a review of the project and are aware of no properties of architectural,
historic, or archaeological significance which would be affected by the project. Therefore,
we have no comment on the project as currently proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation
Act and the Advisory Council on Historic Preservation's Regulations for Compliance with
Section 106 codified at 36 CFR t'art 800.
Fhank you for your cooperation and consideration. if you have questions concerning the
above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at
919/733-4763.
DB:slw
cc: N. Graf
B. Church
T. Padgett
tog East Jones Street • Raleigh, North Carolina 27601-2807 qx?
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200200716 TIP No: B-3413 State Project No: 8.2420701 County: Bladen
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: North Carolina Department of Transportation 6
r lJJ
Address: William D. Gilmore, P.E., Branch Manager ??
North Carolina Department of Transportation 9
Project Development and Environmental Analysis
1548 Mail Service Center WIWI
Raleigh, North Carolina 27699-1548
Telephone Number: [phone]
Size and Location of project (waterway, road name/number, town, etc.): Bridge No. 177 on SR 1532 over Colly
Creek in Bladen County, North Carolina.
Description of Activity: To replace existing 104-foot long by 19.1-foot wide single-span bridge number 177 with a
150-foot long by 26-foot wide 3-span bridge on same alignment, the construction of a temporary one-lane detour
bridge, and the construction of a temporary causeway located northwest of the existing structure for a total wetlands
impact of 0.56 acres. In addition, the project will involve the relocation of an overhead utility line that will result in an
additional 0.017 acres of wetland impacts.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: 23&12 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]
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 pernuttee 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 arc any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact the
Corps Regulatory Official specified below.
Date_17 June 2002 I!Ehid Corps Regulatory Oftcial_ K. Spencer _'I'clephone No. [phone]
Expiration Date of Verification 17 June 2005
CF: Karen Lynch, NCDOT /
John Ilennessey, NCDWQV
Jim Rerko, NCDO'r Div. 6
Action ID: 200200729 TIP No: B-3412 State Project No: 8.2420601 County: Bladen
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
SPECIAL CONDITIONS
1. Bridge demolition and removal will be accomplished in accordance with "North Carolina Department of
Transportation Policy: Bridge Demolition and Removal in Waters of the United States" dated September
20, 1999.
2. Every effort shall be taken to control and detain all demolition debris before it can enter the waterway or
wetlands. No bridge demolition debris should be intentionally allowed to enter the waterway or wetlands.
However, incidental demolition debris that does enter the waterway and/or wetlands shall be kept to a
minimum and shall not exceed a cumulative project total of 25 cubic yards. All incidental bridge
demolition debris shall be removed from the waterway and/or wetlands in its entirety upon completion of
that day's demolition.
3. All temporary fill is to be placed on filter cloth and shall be removed from the waterway and/or wetlands in
its entirety upon completion of construction. The area shall be stabilized and revegetated with indigenous
plant species following removal of the temporary fill.
4. A "Restoration Plan" for the on-site mitigation (0.04 acres) shall be submitted to the Wilmington District
for review and approval prior to the start of construction.
5. Staging areas or the stockpiling of construction material shall not be located in any wetlands.
6. All construction spoil material shall be disposed of on an upland area and shall not be placed in any
waterway or wetland.
7. Compensatory mitigation shall be provided by restoring 0.04 acres of wetlands at the project site and
debiting a total of 1.1 acres of swamp forest wetlands at the Dowd Dairy mitigation site in Bladen County,
North Carolina. The Dowd Dairy debit site for this project is identified as area "C-4" on the "Dowd Dairy
Mitigation Debit Map", dated May 23, 2002 and by coordinates for Plot "C-4" in the "Dowd Dairy Debit
Ledger", dated May 23, 2002.
8. If the interior bridge bents are to be constructed by methods other than the use of driven preformed concrete
piers, additional Department of the Army authorization may be required. NCDOT shall contact the
Wilmington District if alternate bridge pier construction is required.
VICINITY MAP
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i N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
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eAY? PROJECT: 8.2420701 - B-3413
1 BRIDGE X177 OVER
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SHEET 1 OF 7 SEP 2001
LEGEND
--'WLB WETLAND BOUNDARY
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1.
L WETLAND
DENOTES FILL IN
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DENOTES FILL IN
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DENOTES FILL
SURFACE WATER
R
(POND)
DENOTES TEMPORARY
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DENOTES EXCAVATION
IN WETLAND
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-? DENOTES MECHANIZED
CLEARING
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N. C. DEPT.OF TRANSPORTATION
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111,ADBN COUNTY
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Fsderal Register / Vol. 67, No. 10 / "fuesday, 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, ATTN:
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
68102-1618
Ohio
Huntington District Engineer, ATTN:
CELRH-OR-F, 502 8th Street, Huntington,
WV 25701-2070
Oklahoma
Tulsa District Engineer, AT"I'N: CESWT-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-I'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, 10G South 15th Street, Omaha, NF.
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
7.922
Vermont
New England District Engineer, ATTN:
CENAE-R, 69G Virginia Road, Concord
MA 01742--2751
Virginia
Norfolk District Engineer, AI TN: CENAO-
OP-R, 803 Front Street, Norfolk, VA
23510- 1096
Washington
Seattle District Engineer, ATTN. C,I-:NWS-
OP--RG, P.O. Box 3755, Seattle, WA 9812,1
2255
West Virginia
I Iuntington District Engineer, ATTN:
CELRH-OR-F, 502 8th Street, Huntington,
WV 25701-2070
Wisconsin
St. Paul District Engineer, ATTN: CEMVP-
CO--R, 190 Fifth Street East, St, Paul, NIN
551P1-1638
Wyoming
Omaha District Engineer, ATTN: CENWO-
OP-R, 106 South 15th Street, Omaha, NE
68102-1618
District of Columbia
Baltimore District Engineer, ATTN: CENAB--
OP-R, P.O. Box 1715, Baltimore, MD
21203-1715
Pacific "Territories (American Samoa, Guam,
& Commonwealth of the Northern Xforiona
Islands)
Honolulu District Engineer, ATTN: CEPOH-
EC-R, Building 230, Fort Shaffer,
Honolulu, HI 96858-5440
Puerto Rico & Virgin Islands
Jacksonville District Engineer, A17N:
CESAJ--CO-R, P.O. Box 4970, Jacksonville,
FL 32202-4412
Dated: January 4, 2002.
Approved:
Robert H. Griffin,
Brigadier General, U.S. Army, DirectorofC'ivil
Works.
Nationwide Permits, Conditions,
Further Information, and Definitions
A. Index of Nationwide Permits,
Conditions, Furtherlnforrnation, 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. SUrVev 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. flyclropower Projects
18. Minor Discharges
19. Minor Dredging
20. Oil Spill Cleanup
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
2A. State Administered Section 40.1 Programs
25. Structural Discharges
26. [Reserved]
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. Temporary Construction, Access and
Dewatering
34. Cranberrv 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. Stormwater 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 Multiple 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 F'loodplains
27. Construction Period
Further Information
Definitions
Best Management Practices (BMPs)
Compensatory Mitigation
Creation
Enhancement
Ephemeral Stream
Faruu Tract
Flood Fringu
Floodway
Independent Utility
Intermittent Stream
Loss of Waters of the US
Non-tidal Wetland
Open Water
Perennial Stream
Pernianent Above-grade Fill
Preservation
Restoration
Riffle and Pool Complex
2078 Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
Single and Complete Project
Stormwater Management bridges, culverted road crossings, water clone primarily to obtain fill for any

Stormwater Management Facilities
Stream Bed intake structures, etc.) and the restoration activities. The discharge of
placement of new or additional ri[pra[ p to dredged or fill material and all related
Stream Channelization protect the structure, provided the work needed to restore the upland must
"Tidal Wetland permittee notifies the District Engineer be part of a 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 minimurn necessary to restore the conjunction with NWP 18 or NWl' 19 to
restore damaged upland areas. This
6. Nationwide Permits waterway in the immediate vicinity of permit cannot be 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
I
by and
arker
r
e
ro
e en
e
structure was built, but cannot extend period, to normal erosion processes.
This permit does not authorize
m
s in
chor
a
e
v
h further than 200 feet in any direction
from the structure. The placement of ri maintenance dredging for the primary
f
i

requirements of the U.S. Coast Guard
(USCG) (See 33 CFR, chapter I p
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 the
safety of the structure
Alt excavated
Y authorize new stream channelization or
2. Structures in Artificial Canals.
Structures constructed in artificial .
materials must be deposited and stream 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 approved by the cause more than rninirrral degradation of
water quality, more than minimal
the canal to navigable water of the US
h District Engineer under separate
authorization
An
bank stabilizati changes to the flow characteristics of the
as been previously authorized (see 33
CFR 322.5(8)). (Section 10) .
y
on
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 from the District Engineer. Note: This 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 does not qualify for the Section 404(fl
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 Enhancement, 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 structures and harvesting devices and activities such as
permit or the most recently authorized minor dredging to remove obstructions pound nets, crab traps, crab dredging,
modification. Minor deviations in the
' in a water of the US. (Uplands lost as eel pots, lobster traps, duck blinds, clam
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 from 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 the ,
may not be present in a given year.).
serviceable means useable as is or with date of the damage and the work must This NWP does not authorize artificial
some maintenance, but not so degraded commence, or be under contract to reefs or impoundments and semi-
as to essentially require reconstruction. commence, 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
rehabilitation, 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 clam racks. (Sections 10
by storms, floods, fire or other discrete justify the extent of the proposed and 404)
events, provided the repair, restoration. The restoration of the , 5. Scientific Measurement Devices.
rehabilitation, or replacement is damaged areas cannot exceed the 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, tide 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 determine the extent of the pre-existing improvement devices and similar
hurricanes or tornadoes, this two-year conditions and the extent of any structures. Small weirs and flumes
limit may be waived by the District restoration work authorized by this 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 limited 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-
existing bottom contours of the District Engineer in accordance with the
"Notification" General Condition

and within, existing structures (e.g.,
Waterbody. The dredging may not be ,
(Sections 10 and 404)
Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2079
' 6. Survey Activities. Survey activities
including core sampling, seismic
exploratory operations, plugging of
seismic shot holes and other
exploratory-type bore holes, soil survey,
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 NWP. The 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. Out/all 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 compliance 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 clesign capacities and design
configurations (i.e., de tth and width);
c. 'flue 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 minirtrize
reentry of sediments into waters of the
I. JS.
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 umst include information
regarding the original design capacities
and configurations of the facility and
4 to presence of special aquatic sites
e.g., vegetated shallows) in the vicinity
of the proposed work. (Sections 10 and
404)
8. Oil and Gas 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
DO[, Minerals Management Service
(MMS). Such structures shall not-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 CFR 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 CFR 322.5(1). Any Corps review
under this permit will be limited to the
effects on navigation and national
security in accordance with 33 CFR
322.5(f)). Such structures will not 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 Buoys. Non-commercial,
single-boat, rnooring 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 days
after use has been discontinued. At
Corps of Engineers reservoirs, the
reservoir manager must approve each
buoy or marker individually. (Section
10)
,12. 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,
rnaintenmice, or repair of utility lines,
including outfall and intake structures
and the associated excavation, back-fill,
or bedding for the utility lines, in all
waters of the US, provided there is no
change in preconstruction contours. A
"utility line" is defined as any pipe or
pipeline for the transportation of anv
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
(see Note 1, below). Material resulting
from 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 days,
where appropriate. In wetlands, the top
6" to 12" of the trench should normally
be backfilled'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 drain effect). For example, utility
line trenches can be backfilled with clav
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
1/2-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 minimum 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 tire, construction and
maintenance of utility lines, including
overhead power lines and utility line
substations, in non-ticlal waters of the
US, excluding non-tidal wetlands
adjacent to tidal waters, provided the
discharges do not cause the loss of
greater than 1/2-acre of non-tidal waters
of the [IS. 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. tJS and as near as possible
to preconstruction contours and
2080 Federal Register / Vol. 07, No. 10/Tuesday, January 15, 2002 / Notices
elevations (e.g., at grade corduroy roads
or geotextile/gravel roads). Access roads
constructed above preconstruction
contours and elevations in waters of the
US must he properly bridged or
culverted to maintain surface flows.
The term ''utility line'' does not
include activities which drain a water of
the US, such as drainage tile, or french
drains; 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 1/2-acre 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 preconstruction contours
and elevation, is not included in the
calculation of permanent loss of waters
of the US. This includes temporary
construction mats (e.g., timber, steel,
geotextile) used during construction and
reproved 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
-minimal 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 preconstruction 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 CFK part 322).
Notification: The perrnittee must
notify the District Engineer in
accordance with General Condition 13,
if any of the following criteria are met:
(a) Mechanized land clearing in a
forested wetland for the utility line
right-of-way;
(b) A Section 10 permit is required;
(c) The utility line in waters of the
US, excluding overhead lilies, exceeds
500 feet;
(d) The utility line is placed within a
jurisdictional area (i.e., water of the LIS),
and it runs parallel to a stream 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 '/i,
acre of waters of the US; or
(f) Pe1•rnanent access roads
constructed above grade in waters of the
US for a distance of more than 500 feet.
(g) Permanent access roads
constructed in waters of the US with
impervious materials. (Sections 10 and
404)
Note 1: Overhead utility lines constructed
over Section 10 waters and utility lines that
are routed in or under Section 10 waters
without a discharge of dredged or fill
material require a Section 10 permit; except
for pipes or pipelines used to transport
gaseous, liquid, liquescent, or slurry
substances over navigable waters of the US,
which are considered to be bridges, not
utility lines, and may require a permit from
the USCG pursuant to section 9 of the Rivers
and Harbors Act of 1899. However, any
discharges of dredged or fill material
associated with such pipelines will require a
Corps permit under Section 404.
Note 2: Access roads used for both
construction and maintenance may be
authorized, provided they meet the terms and
conditions of this NWP. Access roads used
solely for construction of the utility line must
be removed upon completion of the work and
the area restored to preconstruction contours,
elevations, and wetland conditions.
'T'emporary access roads for construction may
be authorized by NWP 33.
Note 3: Where the proposed utility line is
constructed or installed in navigable waters
of the US (i.e., Section 10 waters), copies of
the PCN and MVP verification will be sent
by the Corps to the National Oceanic and
Atmospheric Administration (NOAA),
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
minimum needed for erosion protection;
b. The bank stabilization activity is
less than 500 feet in length;
c. The activity will riot 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
placed in any location, or in any
manner, to impair surface water flow
into or out of any wetland area;
f. No material is placed in a mariner
that will be eroded by normal or
expected high flows (properly anchored
trees and treetops may be used in low
energy areas); and,
g. The activity is part of a single and
complete project.
Bank stabilization activities in excess
of 500 feet in length or greater than an
average of one cubic yard per running
foot may be authorized if the perrnittee
notifies the District Engineer in
accordance with the ''Notification''
General Condition 13 and the District
Engineer determines the activity
complies with the other terms 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 LIS.
(Sections 10 and 404)
114. Linear Transportation Projects.
Activities required for the construction,
expansion, modification, or
improvement of linear transportation
crossings (e.g., highways, railways,
trails, airport runways, and taxiways) in
waters of the US, including wetlands, if
the activity meets 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 than'/2-acre of waters of the LIS;
(2) For linear transportation projects
in tidal waters, provided the discharge
does riot cause the loss of greater than
1/3-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 1/1o-acre of waters of the US;
or
(2) There is a discharge in a special
aquatic site, including wetlands;
c. Tire 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 environment and a statement
describing how temporary losses will be
minimized to the maximum extent
practicable;
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 riot authorize
stream channelization, and the
authorized activities must riot cause
more than minimal changes to the
hydraulic flow characteristics of the
stream, increase flooding, or cause more
Federal Register/Vol. 67, 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 CF'R
322.5(`)). (Sections 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 st Act of 1980 (16 U.S.C. 2705 and 2708) which are subject to the National Oil
orage
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 CF'R part 300)
aircraft hangars; and
h. The crossin
is a sin
le and notifies the District Engineer in provided that the work is done in
g
g
complete project for crossing waters of accordance with the "Notification"
General Condition. (Section 404) accordance with the Spill Control and
Countermeasure Plan required by 40
the US. Where a road segment (i.e., the
shortest segment of a road with 18.. Minor 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 all waters of the US if the activity Regional Response Team (if one exists

streams (several single and complete meets all of the following criteria: in the area) concurs with the proposed

projects) the Corps will consider a. The quantity of discharged material
and the volume of area excavated d
t containment and cleanup action.
(Sections 10 and 404)
whether it should use its discretionary
authority to require an Individual o no
exceed 25 cubic yards below the plane 21. Surface Coal Mining Activities.

Permit. (Sections 10 and 404) of the ordinary high water mark or the
high tide line; Discharges of dredged or fill material
into waters of the US associated with
Note: Some discharges for the construction
of farm roads, forest roads, or temporary b. The discharge, including any surface coal mining and reclamation

roads for moving mining equipment may be
eligible for an exemption from the need for excavated a
area, will not cause the loss
of more than 'ho-acre of a special operations provided the coal mining
o
activities are authorized by the DOI,
a Section 404 permit (see 33 CFR 323.4). aquatic site, including wetlands. For the Office of Surface Mining (OSM), or by
15. U.S. Coast Guard Approved
Bridges. Discharges of dredged or fill purposes of this NWP, the acreage
limitation includes the filled area and states with approved programs under
Title V of the Surface Mining Control

material incidental to the construction d area plus s
excavate p pecial aquatic sites
h and Reclamation Act of 1977 and
provided the permittee notifies the
of bridges across navigable waters of the
US, including cofferdams, abutments t
at are adversely affected by flooding
and special aquatic sites that are District Engineer in accordance with the
"
,
foundation seals, piers, and temporary
drained so that they would no longer be Notification" General Condition. In
addition
to be authorized by this N1VP

construction and access fills provided
such discharges have been authorized
a water of the US as a result of the
project; ,
,
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
and conditions of the NWP and that the
permit, Causeways and approach fills
are not included in this NWP and will excavated area, exceeds 10 cubic yards
below the plane of the ordinary high adverse environmental effects are

require an individual or regional
water mark or the high tide line or if the minimal both individually and
cumulatively and must notify the
Section 404 permit. (Section 404)
. 16. Return Water From Upland discharge is in a special aquatic site,
including wetlands, the permittee project sponsor of this determination in

Contained Disposal Areas. Return water
notifies the District Engineer in writing. The Corps, at the discretion of
the District Engineer
ma
re
uire a
from upland, contained dredged accordance with the "Notification" ,
y
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
including mitigation, if no other Federal or state

(33 CFR 323.2(d)), but will require a ,
wetlands, the notification must also agency has required one. For discharges
in special aquatic sites
including
Section 10 permit if located in navigable include a delineation of affected special ,
wetlands, and stream riffle and pool
waters of the US. The return water from aquatic sites, including wetlands (also complexes
the notification must also
a contained disposal area is
administratively.defitied as a discharge see 33 CFR 330.1(e)); and
d. The discharge
includin
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 a permanent, is part of a single and
complete project and is not placed for .
Mitigation: In determining the need
for as well as the level and type of
Section 404 permit. This NWP satisfies the purpose of a stream diversion. mitigation, the District Engineer will
the technical requirement for a 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 the aquatic environment
the quality of the return water is more than 25 cubic yards below the occur. As such, District Engineers will
controlled by the state through the plane of the ordinary high water mark determine on a case-by-case basis the
Section 401 certification procedures.
(Section 404) or the mean high water stark from
navigable waters of the US (i
e
Sectio requirement for adequate mitigation to

- 17. Hydropower Projects. Discharges .
.,
n
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
with (a) small hydropower projects at complete project. This NWP does not
authorize the dredging or degradation state has required mitigation for the loss
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 submer
ed a
uatic ve
etati consider this in determining appropriate

the Federal Energy Regulator}' g
q
g
on
(including sites where submerged mitigation 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 year), anadromous fish spawning areas, dredged or fill material required for the
than 5000 kW; and the permittee or wetlands, or the connection of canals removal of wrecked, abandoned
or
notifies the District Engineer in or other artificial waterways to ,
disabled vessels, or the removal of man-
2082 Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices
made obstructions to navigation. This
NWP does not authorize the rem
l
f within the form prior to the discharge of bed and/or banks to restore or create
ova
o
vessels listed or determined eligible for concrete, sand, rock, etc. This NWP
does not authorize filled structural stream meanders; the backfilling of
artificial channels and drai
dit
h

listing on the National Register of
Historic Places unless the District
members that would support buildings,
building pads, homes
house
ads nage
c
es;
the removal of existing drainage
t
t
h

Engineer is notified and indicates that
there is compliance with the "Hi
t
i ,
p
,
parking areas, storage areas and other
h s
ruc
ures; t
e construction of small
nesting islands; the construction of open
s
or
c
Properties" General Condition. This suc
structures, The structure itself may
require a Section 10 permit if located in water areas; the construction of oyster
habitat over unve
etated bottom i
tid
l
NWP does not authorize maintenance
dredging, shoal removal, or riverbank navigable waters of the US. (Section
404) g
n
a
waters; activities needed to reestablish

snagging. Vessel disposal in waters of
the US ma
need a
ermit f
EPA
26. [Reserved]
27
St
d vegetation, including plowing or discing
for seed bed preparation and the
y
p
rom
(see 40 CFR 229.3). (Sections 10 and .
ream an
Wetland Restoration
Activities. Activities in waters of the US planting of appropriate wetland species;

404)
23. Approved Categorical Exclusions.
associated with the restoration of former
waters, the enhancement of de
raded mechanized land clearing to remove
non-native invasive, exotic or nusiance

Activities undertaken, assisted,
authorized
regulated
funded
or g
tidal and non-tidal wetlands and
i
i vegetation; and other related activities.
This NWP does not authorize the
,
,
,
financed, in whole or in part, by another r
par
an areas, the creation of tidal and
non-tidal wetlands and ri
ari conversion of a strearn to another

Federal agency or department where p
an areas,
and the restoration and enhancement of aquatic use, such as the creation of an
impoundment for waterfowl habit
t

that agency or department has
determined
pursuant to the Council on
non-tidal streams and non-tidal open a
,
This NWP does not authorize stream
,
Environmental Quality Regulation for water areas as follows:
(a) The activity is conducted on: channelization. This NWP does not
authorize the conversion of natu
l
Implementing the Procedural Provisions
of the National Environmental Policy (1) Non-Federal public: lands and'.
private lands
in accordance with the ra
wetlands to another aquatic use, such as

Act (NEPA) (40 CFR part 1500 et seq.),
that the activity
work
or dischar
i ,
terms and conditions of a binding
w
tl
d
h creation of waterfowl impoundments
where a forested wetland previously
,
,
ge
s
categorically excluded from e
an
en
ancement, restoration, or
creation agreement between the existed. However, this NWP authorizes
the relocation of non-tidal waters

environmental documentation, because
it is included within a category of
landowner and the U.S. Fish and
Wildlife Service (FWS) or the Natural ,
including non-tidal wetlands, on the

actions which neither individually nor
Resources Conservation Service (NRCS), project site provided there are net gains
in aquatic resource functions and
cumulatively have a significant effect on
the human environment, and the Office the National Marine Fisheries Service,
the National Ocean Service
o values. For example, this NWP may

of the Chief of Engineers (ATTN: CECW- ,
r
voluntary wetland restoration, authorize the creation of an open water
impoundment in a non-tidal emer
t
OR) has been furnished notice of the
agency's or department's application for enhancement, and creation actions
documented by the NRCS
ursuant to gen
wetland, provided the non-tidal
t
l
d

the categorical exclusion and concurs
with that determination. Before p
NRCS re-ulations; or
(2) Reclaimed surface coal mi emergen
wet
an
is replaced by
creating that wetland type on the project

approval for purposes of this NWP of
' ne
lands, in accordance with a Surface site. This NWP does not authorize the
relocation of tidal waters or the
any agency
s categorical exclusions, the
Chief of Engineers will solicit
ublic Mining Control and Reclamation Act
e
it i
d b
h conversion of tidal waters, including
p
comment. In addressing these p
rm
ssue
y t
e OSM or the
applicable state agency (the future tidal wetlands, to other aquatic uses,
such as the conversion of tidal wetlands
comments, the Chief of Engineers may
require certain conditions for reversion does not apply to streams or
wetlands created, restored, or enhanced into open water impoundments.
Reversion. For enhancement

authorization of an agency's categorical
exclusions under this NWP
(Section
as mitigation for the mining impacts, ,
restoration, and creation projects
.
s
10 and 404) nor naturally due to hydrologic or conducted under paragraphs (a)(3), this

24. State Administered Section 402 topographic features, nor for a NWP does not authorize any future

Program. Any activity permitted by a mitigation bank); or
(3YAny other public, private or tribal discharge of dredged or fill material
associated with the reversion of the area
state administering its own Section 404
permit program pursuant to 33 U.S.C. lands;
(b) Notification: For activities on an to its prior condition. In such cases a
se
arat
it
ld b

1344(-)-(1) is permitted pursuant to y
public or private land that are not p
e perm
wou
e required for
any reversion. For restoration

section 10 of the Rivers and Harbors Act
of 1899. 'T'hose activities that do not
described by paragraphs (a)(1) or (a)(2)
above
the permittee must notif
the ,
enhancement, and creation projects
d
t
d
d

involve a Section 404 state permit are ,
y
District En-ineer in accordance with con
uc
e
un
er paragraphs (a)(1) and
(a)(2), this NWP also authorizes any
not included in this NWP, but certain General Condition 13; and future discharge of dredged or fill
structures will be exempted by section
154 of Pub. L. 94-587, 90 Stat. 2917 (33 (c) Planting of only native species
should occur on th
it material associated with the reversion of

U.S.C, 591) (see 33 CFR 322.3(x)(2)). e s
e.
Activities authorized by this N?VP thr; area to its clocurnented prior
condition and use (i.e.
prior to the
(Section 10)
25. Structural Discharges. Discharges include, to the extent that a Corps
permit is required
but are not limited ,
restoration, enhancement, or creation

of material such as concrete, sand, rock, ,
to: the removal of accumulated activities). The reversion must occur
within five years after expiration of a
etc., into tightly sealed forms or cells
where the material will be used as a sediments; the installation, removal,
and maintenarice of small water contr
l limited term wetland restoration or

structural member for standard pile o
structures, dikes, and berms; the creation agreement or permit, even if the
discharge occurs after this NWT' ex
i

supported strictures, such as bridges,
installation of current deflectors; the p
res.
This NWP also authorizes the reversion
transmission line footings, and
walkways or for general navigation, enhancement, restoration, or creation of
riffle and
ool stream struct
th of wetlands that were restored,
h

such as mooring cells, including the p
ure;
e
placement of in-stream habitat en
anced, or created on prior-converted
cropland that has not been abandoned

excavation of bottom material from
structures; modifications of the stream ,
in accordance with a binding agreement
Federal Register/ Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2083
' between the landowner and NRCS or discharge. For example, the location of dikes; and plowing or discing to impede
F?VS (even though the restoration,
enhancement, or creation activity did the home may need to be adjusted on
site to avoid flooding of adjacent succession, prepare seed beds, or
establish fire breaks. Sufficient
not require a Section 404 permit). The
five-year reversion limit does not apply property owners;
d. The discharge is part of a single vegetated buffers rnust be maintained
adjacent to all open water bodies,
to agreements without time limits and complete project; furthermore, that streams, etc., to preclude water quality
reached under paragraph (a)(1). The for any subdivision created on or after de
radation due to erosion and
prior condition will be documented in November 22, 1991, the discharges, g
sedimentation. This NWP does not
the original agreement or permit, and authorized under this NWP may not authorize the construction of new dikes

the determination of return to prior
exceed an aggregate total loss of waters ,
roads, water control structures
etc

conditions will be made by the Federal
of the 11 of '/-?-acre for the entire ,
.
associated with the management areas.
agency or appropriate state agency
executing the agreement or permit. suhdivisi°tr;
e. A•n individual Wray use this NWI' This N4VP does not authorize converting
wetlands to uplands, impoundments orr
Before any reversion activity the only for a single-family home fnr a other open water bodies. (Section 404)
permittee or the appropriate Federal or
state agency must notify the District personal residence;
f. This NWP may be used only once 31. Maintenonce of Existing Flood
Control Facilities. Discharge of dredge
Engineer and include the

documentation of the prior condition. per parcel;
g. This NWP may not be used in or fill material resulting from activities
°•
associated with the maintenance of
Once an area has reverted to its prior conjunction with MVP 14 or NWI' 18,
for anycarcel; and existing flood control facilities,
physical condition, it will be subject to
h
h ,
h. Su ficient vegetated buffers must be including debris basins, retention/
w
atever t
e Corps Regulatory
requirements will be at that future date.
maintained adjacent to all open water detention basins, and channels that
W were previously authorized by the
(Sections 10 and 404) b
bodies, streams, etc., to preclude water
quality degradation due to erosion and Corps by Individual Permit, General
Note: Compensatory mitigation is not
sedi
sedimentation Permit, by 33 CFR 330.3, or did not
required for activities authorized by this
NWP, provided the authorized work results .
th
For
the purposes of this
NVVP ,
require a permit at the tirrre it was
constructed
or
in a net increase in aquatic resource
functions and values in the project area. This acreage
acreage of loss of waters of te US
the
US
includes the filled area previously ,
(ii) were constructed by the Corps and
transferred to a non-Federal sponsor for
N1,VP can be used to authorize compensatory permitted, the proposed filled area, and operation and maintenance. Activities
mitigation projects, including mitigation any other waters of the US that are authorized by this NWP are limited to
banks, provided the permittee notifies the adversely affected by flooding, those resulting from maintenance
District Engineer in accordance with General
Condition 13, and the project includes excavation, or drainage as a result of the
project. This NWP authorizes activities activities that are conducted within the
"
"

compensatory mitigation for impacts to
waters of the US caused by the authorized
only by individuals; for this
purpose,
"
" maintenance baseline,
as described in
the definition below. Activities
work. However, this MVP does not authorize
h the term
individual
refers to a natural
person and/or a married cou
le
but including the discharges of dredged or
f
ll
t
e reversion of an area used fora
o
t
i
i
i p
,
does not include a corporation i
materials, associated with
c
mpensa
ory m
t
gat
on project to its prior
condition. NWP 27 can be used to authorize ,
partnership, or similar entity. For the maintenance activities in flood control
facilities in any watercourse that has
impacts at a mitigation bank, but only in purposes of this NWP, a parcel of land previously been determined to be
circumstances where it has been approved is defined as ''the entire contiguous within the maintenance baseline
are
under the Interagency Federal Mitigation
Bank Guid
li quantity of land in possession of, ,
authorized under this NWP. The NWP
e
nes. recorded as property of, or owned (in does not authorize the removal of
28. Modifications of Existing Marinas, any form of ownership, including land sediment and associated vegetation from
Reconfiguration of existing docking owned as a partner, corporation, joint the natural water courses except to the
facilities within an authorized marina tenant, etc.) by the same individual extent that these have been included in
area. No dredging, additional slips, dock (and/or that individual's spouse), and the maintenance baseline. All dredged
spaces, or expansion of any kind within comprises not only the area of wetlands material must be placed in an upland
waters of the US, is authorized by this sought to be filled, but also all land site or an authorized disposal site in
NWP. (Section 10) contiguous to those wetlands, owned by waters of the US, and proper siltation
29. Single-family Housing. Discharges the individual (and/or that individual's controls must be used. (Activities of any
of dredged or fill material into non-tidal spouse) in any form of ownership.' kind that result in only incidental
waters of the US, including non-tidal (Sections 10 and 404) fallback, or only the cutting and
wetlands for the construction or 30. Xfoist Soil Management for removing of vegetation above the
expansion of a single-fancily home and Wilcllife. Discharges of dredged or fill ground, e.g., mowing, rotary cutting,
attendant features (such as a garage, material and maintenance activities that and chainsawing
where the activity
driveway, storage shed, and/or septic are associated with moist soil ,
neither substantially disturbs the root
field) for an Individual Perncittee management for wildlife performed on system nor involves mechanized
provided that the activity meets all of non-tidal Federally-owned or managed, pushing, dragging, or other similar
the following criteria: state-owned or managed property, and activities that redeposit excavated soil
a. The discharge does not cause the local government agency owned or material, do not require a Section 404
loss of more than 1/4-acre of non-tidal managed property, for the purpose of permit in accordance with 33 CFR
waters of the US, including non-tidal continuing ongoing, site-specific, 323.2(d)(2)),
wetlands; wildlife ncanagement activities where Notification: After the maintenance
b. The permittee notifies the District soil manipulation is used to manage baseline is established, and before any
Engineer in accordance with the habitat and feeding areas for wildlife. maintenance work is conducted, the
"Notification" General Condition; Such activities incline, but are not permittee must notify the District
c. The. permittee has taken all limited to: The repair, maintenance or Engineer in accordance with the
practicable actions to minimize the on- replacement of existing water control "Notification" General Condition
The
site and off-site impacts of the structures; the repair or maintenance of ,
notification may be for activity-specific
2084 -Federal Register / Vol, 67, No. 10 /'Tuesday, January 15, 2002/Notices
maintenance or for maintenance of the
entire flood control facility by
submitting a five year (or less)
maintenance plan.
Maintenance Baseline: The
maintenance baseline is a description of
the physical characteristics (e.g., depth,
width, length, location, configuration, or
design flood capacity, etc.) of a flood
control project within which
maintenance activities are normally
authorized by NWP 31, subject to any
case-specific conditions required by the
District Engineer. The District Engineer
will approve the maintenance baseline
based on the approved or constructed
capacity of the flood control facility,
whichever is smaller, including any
areas where there are no constructed
channels, but which are part of the
facility. If no evidence of the
constructed capacity exist, the approved
constructed capacity will be used. The
prospective permittee will provide
documentation of rile physical
characteristics of (he flood control
facility (which will normally consist of
as-built or approved drawings) and
documentation of the design capacities
of the flood control facility. The
documentation will also include BIAPs
to ensure that the impacts to the aquatic
environment are minimal, especially in
maintenance areas where there are no
constructed channels. (The Corps may
request maintenance records in areas
where there has not been recent
maintenance.) Revocation or
modification of the final determination
of the maintenance baseline can only be
done in accordance with 33 CFR 330.5.
Except in emergencies as described
below, this NWP can not be used until
the District Engineer approves the
maintenance baseline and determines
the need for mitigation and any regional
or activity-specific conditions. Once
determined, the maintenance baseline
will remain valid for any subsequent
reissuance of this NWP, This permit
does not authorize maintenance of a
flood control facility that has been
abandoned. A flood control facility will
be considered abandoned if it has
operated at a significantly reduced
capacity without needed maintenance
being accomplished in a timely manner.
Miti?{otion: The District Engirmer will
determine any required mitigation one-
time only for impacts associated with
maintenance work at the same time that
the maintenance baseline is approved.
Such one-tiure mitigation will be
required when necessary to ensure that
adverse environmental impacts are no
more than minimal, both individually
and cumulatively. Such mitigation will
only be required once for any specific
reach of a flood control project.
However, if one-time mitigation is
required for impacts associated with
maintenance activities, the District
Engineer will not delay needed
maintenance, provided the District
Engineer and the permittee establish a
schedule for identification, approval,
development, construction and
completion of any such required
mitigation. Once the one-time
mitigation described above has been
completed, or a determination made
that mitigation is not required, no
further mitigation will be required for
maintenance activities within the
maintenance baseline. hr determining
appropriate mitigation, the District
Engineer will give special consideration
to natural water courses that have been
included in the maintenance baseline
and require compensatory mitigation
and/or BMPs as appropriate.
Emergency Situations: In emergency
situations, this NWP may be used to
authorize maintenance activities in
flood control facilities for which no
maintenance baseline has been
approved. Emergency situations are
those which would result in an
unacceptable hazard to life, a significant
loss of property, or an immediate,
unforeseen, and significant economic
hardship if action is not taken before a
maintenance baseline can be approved.
In such situations, the determination of
mitigation requirements, if any, may be
deferred until the emergency has been
resolved. Once the emergency has
ended, a maintenance baseline must be
established expeditiously, and
mitigation, including mitigation for
maintenance conducted during the
emergency, must be required as
appropriate. (Sections 10 and 404)
32. Completed Enforcement Actions.
Any structure, work or discharge of
dredged or fill material, remaining in
place, or undertaken for mitigation,
restoration, or environmental benefit in
compliance with either:
(i) The terms of a final written Corps
non-judicial settlement agreement
resolving a violation of section 404 of
the CWA and/or section 10 of the Rivers
and Harbors Act of 1899; or the terms
of an EPA 309(a) order on consent
resolving a violation of section 404 of
the CWA, provided that:
a. The unauthorized activity affected
no more than 5 acres of non-tidal
wetlands or 1 acre of ticlal wetlands;
b, The settlement agreement provides
for environmental benefits, to an equal
or greater clegree, than the
environmental detriments caused by the
unauthorized activity that is authorized
by this NWP; and
c. The District Engineer issues it
verification letter authorizing the
activity subject to the terms and
conditions of this MVP and the
settlement agreement, including a
specified completion date; or
(ii) The terms of a final Federal court
decision, consent decree, or settlement
agreement resulting from art
enforcement action brought by the U.S.
under section 404 of the CWA and/or
section 10 of the Rivers and Harbors Act
of 1899; or
(iii) The terms of a final court
decision, consent decree, settlement
agreement, or non-judicial settlement
agreernent resulting from a natural
resource damage claim brought by a
trustee or trustees for natural resources
(as defined by the National Contingency
Plan at 40 CFR subpart G) under section
311 of the Clean Water Act (CWA),
section 107 df the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA or
Superfund), section 312 of the National
Marine Sanctuaries Act (NMSA), section
1002 of the Oil Pollution Act of 1990
(OPA), or the Park System Resource
Protection Act at 16 U.S.C. '19jj, to the
extent that a Corps permit is required.
For either (i), Cii) or (iii) above,
compliance is a condition of the MVP
itself. Any authorization under this
NWP is automatically revoked if the
permittee does not comply with the
terms of this NWP or the terms of the
court decision, consent decree, or
judicial/non-judicial settlement
agreement or fails to complete the work
by the specified completion date. This
NWP does not apply to any activities
occurring after the date of the decision,
decree, or agreernent that are not for the
purpose of mitigation, restoration, or
environmental benefit. Before reaching
any settlement agreement, rite Corps
will ensure compliance with the
provisions of 33 CFR part 326 and 33
CFR 330.6 (d)(2) and (e). (Sections 10
and 404)
33. Temporary Construction, Access
and Dewntering. 'T'emporary structures,
work and discharges, including
cofferdams, necessary for construction
activities or access fills or dewatering of
construction sites; provided that the
associated primary activity is authorized
by the Corps of Engineers or the USCG,
or for other construction activities not
subject to the Corps or USCG
regulations. Appropriate measures must
be taken to maintain near normal
downstream flows and to nrinirnize
flooding, fill must be of materials, and
placed in a manner, that will not be,
eroded by expected high flows. The use
of dredged material may be allowed if
it is determined by the District Engineer
that it will not cause more than minimal
adverse effects on aquatic resources.
Federal Register / Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2nRs
Temporary fill most be entirely remover
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 dewater 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
mats 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 totay 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 NWP is valid. (Section 401)
35. Maintenance Dredging of Existing
Basins. Excavation and removal of
accumulated sediment for maintenance
of existing marina basins, access
channels to inarinas or boat slips, and
boat slips to previously authorized
depths or controlling depths for ingress/
egress, whichever is less, provided the
I dredged material is disposed of at an
upland site and proper siltation controls
are used. (Section 10)
36. Boat Romps. 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
chemical 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 credging 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 by:
a. The NRCS which is a situation
requiring immediate action under its
emergency Watershed Protection
Program (7 CFR part 624); or
b. The USFS under its Burned-Area
Emergency Rehabilitation Handbook
(FSI-I 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)
383 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 authoritv
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 N?VP does
not authorize the establishment of new
disposal sites or the expansion of
existinc, sites used for the disposal of
hazardous or toxic waste. Activities
s undertaken entirely on a
Comprehensive Environmental
Response, Compensation, aril Liability
Act (CERCL.A) 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 b this MVP.
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 1/2-acre of non-tidal
waters of the U.S., excluding non-ticlal
wetlands adjacent to tidal waters;
h. 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 MVP and
that any adverse impacts of the project
oil 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) 'I'lie discharge causes the loss of
greater than '/,o-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, January 15, 2002/Notices
(2) The discharge causes the loss of
any open waters, including perennial or of any compensatory mitigation used to
offset the loss of waters of the US (e include the installation, placement, or
con
ti
t
f d
i

intermittent screams, below the ordinary
high water mark (see Note
below) .g.,
1/12-acre of emergent wetlands created s
ruc
on o
ra
nage tiles, ditches,
or levees; mechanized land clearing;
,
; or
?3) The discharge causes the loss of on-site);
j. If there are any open waters or land leveling; the relocation of existing

greater than 300 linear feet of
i
streams within the project area, the serviceable drainage ditches constructed
in waters of the US; and similar
ntermittent stream bed. In such case, to
be authorized the District Engineer must permittee will establish and maintain, to
the maximum extent practicable activities, provided the permittee
li

determine that the activity complies ,
wetland or upland vegetated buffers comp
es with the following terms and
conditions

with the other terms and conditions of
the NWP
determine adverse
next to those open waters or streams :
a. For discharges into non-ticial
,
environmental effects are minimal both consistent with General Condition 19.
Deed restrictions
conservation wetlands to improve agricultural

individually and cumulatively, and
waive the limitation on st
i ,
easements, protective covenants, or production, the following criteria must
be met if the permittee is an United
ream
mpacts
in writing before the permittee may
d other means of land conservation and
preservation are required to protect and States Department of Agriculture

(USDA) Program
artici
ant:
procee
;
d. For discharges in special aquatic maintain the vegetated buffers
established on the site
project p
p
(1) The permittee must obtain a

sites, including wetlands, the
g .

Only residential
commercial
and
categorical minimal effects exemption,

notification must include a delineation ,
,
institutional activities with structures minimal effect exemption, or mitigation

of affected special aquatic sites;
e. The discharge is part of a single and
on the foundation(s) or building pad(s), exemption from NRCS in accordance
with the provisions of the Food Securit

complete project;
as well as the attendant features, are
authorized by this NWP
The y
Act of 1985, as amended 16 U.S.C. 3801
f. The permittee must avoid and
minimize discharges into waters of the .
compensatory mitigation proposal that et seq.);
(2) The discharge into non-tidal
US at the project site to the maximum is required in paragraph (e) of this NWP
may be either conceptual or detailed wetlands does not result in the loss of
extent practicable: The notification,
when required, must include a written .
The wetland or upland vegetated buffer greater than 1/2-acre of non-tidal
wetlands on a farm tract;
statement explaining how avoidance required in paragraph (i) of this NWP
will be determined on a case-b
- (3) The permittee must have NRCS-
and minimization of losses of waters of
the US were achieved on the ro'ect
p 1 y
case
basis by the District Engineer for certified wetland delineation;

(4) The permittee mast implement an
site. Compensatory mitigation will
normally be required to offset the losses addressing water quality concerns. The
o quay
required wetland or upland vegetated NRCS approved compensatory
mitigation plan that fully offsets

of waters of the US. (See General
of the buffer is part of the overall
wetland losses, if required; and
Condition
The notification must
l compensatory mitigation requirement
for this NWP. If the project site was (5) The permittee must submit a
a
so include a compensatory mitigation
proposal for offsetting unavoidable previously used for agricultural report, within 30 days of completion of
the authorized work
to the District
losses of waters of the US. If an purposes and the farm owner/o erator
used NWP 40 to authorize activiti
i ,
Engineer that contains the following
applicant asserts that the adverse effects
verse
of the project are minimal without es
n
waters of the US to increase production information: (a) The name, address, and
telephone number of the permittee; (b)
mitigation, then the applicant may
b or construct farm buildings, NWP 39
cannot be used by the develo
er to The location of the work; (c) A
su
mit justification explaining why p
authorize additional activities
This is description of the work; (d) The type
compensatory mitigation should not be
required for the District Engineer's .
more than the acreage limit for NWP 39 and acreage (or square feet) of the loss
of wetlands (e
1/J acre of
t

consideration;
When this NWP i
d i impacts to waters of the US (i.e., the
combined acreage loss authorized tinder .g.,
emergen
wetlands); and (e) The type, acreage (or
g.
s use
n
conjunction with any other NWP, any
NWPs 39 and 40 cannot exceed 1/z acre, square feet), and location of
compensatory mitigation (e.g. 1/9 acre of

combined total permanent loss of waters see General Condition 15).

Subdivisions: For resid
ti
l
emergent wetland on a farm tract;
of the US exceeding 1/1o-acre requires
that the permittee notify the District en
a
subdivisions, the aggregate total loss of credits purchased from a mitigation
bank); or
Engineer in accordance with General waters of US authorized by NWP 39 can
riot exceed 1/2-acre
This incl
d b. For discharges into non-tidal
Cn
odition 13;
h. Any work authorized by this NWP
.
u
es any
loss of waters associated with
wetlands to improve agricultural
production
the followin
criteria m
t
must not cause more than minimal
degradation of water or more
quality development of individual subdivision
lots, (Sections 10 and 404) ,
g
us
be met if the permittee is not a USDA
P
b
than minimal changes to the flow
Note: Areas where wetland vegetation is rogram participant (or a USDA
program participant for which the
characteristics of an stream see
y (
General Conditions 9 and 7
1
) not present should be determined by the

presence or absence of an ordinary high
proposed work does not qualify for
;
.
i. For discharges causing the loss of water mark or bed and bank. Areas that are authorization under paragraph (a) of this
NWP)

1/n1-acre or less of waters of the US, the waters of the US based on this criterion
would require a PCN although water is :
(1) The discharge into non-tidal
permittee must submit a report, within
30 days of completion of the work, to infrequently present in the stream channel
(except for ephemeral waters, which do not wetlands does not result in the loss of
greater than 1/2-acre of non-tidal
the District Engineer that contains the require PCNs). wetlands on a farm tract;
following information: (1) The name,
address, and telephone number of the 40. Agricultural Activities. Discharges
of dredged or fill material into non-tidal (2) The permittee must notify the
District Engineer in accordance with
permittee; (2) The location of the work;
(3) A description of the work; (4) The waters of the US, excluding non-tidal
wetlands adjacent to tidal waters, for General Condition 13, if the discharge
results in the loss of greater than I/,()-
type and acreage of the loss of waters of improving agricultural production and acre of non-tidal wetlands;
the US (e.g., V12-acre of emergent
wetlands); and (5) The type and acreage the construction of building pads for
farm buildings. Authorized activities (3) The notification trust include a
delineation of affected wetlands; and
Federal Register/Vol. 07, No. 10/Tuesday, January 15, 2002/Notices 2087
(4) The notification must include a
compensatory mitigation proposal to
offset losses of waters of the US; or
c. For the construction of building
pads for farm huildings, the discharge
does not cause the loss of greater than
'h-acre of non-tidal wetlands that were
in agricultural production prior to
December 23, 1985, (i.e., farmed
wetlands) and the permittee must notify
the District Engineer in accordance with
General Condition 13; and
d. Any activity in other waters of the
US is limited to the relocation of
existing serviceable drainage ditches
constructed in non-tidal streams. This
MVP does not authorize the relocation
of greater than 300 linear-feet of existing
serviceable drainage ditches constructed
in non-tidal streams unless, for drainage
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. For
impacts exceeding 300-linear feet of
impacts to existing serviceable ditches
constructed in intermittent non-tidal
streams, the permittee must notify the
District Engineer in accordance with the
"Notification" General Condition 13;
and
e. The term "farm tract" refers to a
parcel of land identified by the Farm
Service Agency. The Corps will identify
other waters of the US on the farm tract.
NRCS will determine if a proposed
agricultural activity meets the terms and
conditions of paragraph a. of this NWP,
except as provided below. For those
activities that require notification, the
District Engineer will determine if a
proposed agricultural activity is
authorized by paragraphs b., c., and/or
d. of this NWR USDA Program
participants, requesting authorization for
discharges of dredged or fill material
into waters of the US authorized by
paragraphs (c) or (d) of this NWP, in
addition to paragraph (a), must notify
the District Engineer in accordance with
General Condition 13 and the District
Engineer will determine if the entire
single and complete project is
authorized by this NWP. Discharges of
dredged or fill material into waters of
the US associated with completing
required compensatory mitigation are
authorized by this NWI'. However, total
impacts, including other authorized
impacts tinder this NWP, may not
exceed the 1/e-acre limit of this NWP.
This MVP does not affect, or otherwise
regulate, discharges associated with
agricultural activities when the
discharge qualifies for an exemption
under section 404(f) of the CWA, even
though a categorical minimal effects
exemption, minimal effect exemption,
or mitigation exemption from NRCS
pursuant to the Food Security Act of
1985, as amended, may be required.
Activities authorized by paragraphs a.
through d. may not exceed a total of '/,-
acre on a single farm tract. If the site was
used for agricultural purposes and the
farm owner/operator used either
paragraphs a., b., or c. of this NWP to
authorize activities in waters of the US
to increase agricultural production or
construct farm buildings, and the
current landowner wants to use NWP 39
to authorize residential, commercial, or
industrial development activities in
waters of the US on the site, the
combined acreage loss authorized by
NWPs 39 and 40 cannot exceed 1h-acre
(see General Condition 15). (Section
404)
41. Reshaping Existing Drainage
Ditches. Discharges of dredged or fill
material into non-tidal waters of the US,
excluding non-tidal wetlands adjacent
to tidal waters, to modify the cross-
sectional configuration of currently
serviceable drainage ditches constructed
in waters of the US. The reshaping of
the ditch cannot increase drainage
capacity beyond the original design
capacity. Nor can it expand the area
drained by the ditch as originally
designed (i.e., the capacity of the ditch
must be the same as originally designed
and it cannot drain additional wetlands
or other waters of the US).
Compensatory mitigation is not required
because the work is designed to improve
water quality (e.g., by regrading the
drainage ditch with gentler slopes,
which can reduce erosion, increase
growth of vegetation, increase uptake of
nutrients and other substances by
vegetation, etc.).
Notification: The permittee must
notify the District Engineer in
accordance with General Condition 13 if
greater than 500 linear feet of drainage
ditch will be reshaped. Material
resulting from excavation may not be
permanently sidecast into waters but
may be temporarily sidecast (up to three
months) into waters of the US, provided
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
sidecastimg not to exceed a total of 180
days, where appropriate. In general, this
MVP does not apply to reshaping
drainage ditches constructed in
uplands, since these areas are generally
not waters of the US, and thus no permit
from the Corps is required, or to the
maintenance of existing drainage
ditches to their original dimensions and
configuration, which does not require a
Section 404 permit (see 33 CFR
323.4(a)(3)). This NWP does not
authorize the relocation of drainage
ditches constructed in waters of the US;
the location of the centerline of the
reshaped drainage ditch must be
approximately the same as the location
of the centerline of the original drainage
ditch. This NWP does not authorize
stream channelization or stream
relocation projects. (Section 404)
42. Recreational Facilities. Discharges
of dredged or fill material into non-tidal
waters of the US, excluding non-tidal
wetlands adjacent to tidal waters, for the
construction or expansion of
recreational facilities, provided the
activity meets 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 US, 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 notifies the District
Engineer in accordance with the
"Notification" General Condition 13 for
discharges exceeding 300 linear feet of
impact of intermittent stream beds. In
such cases, to be authorized the District
Engineer must determine that the
activity complies with the other terms
and conditions of the NWP, determine
the adverse environmental effects are
minimal both individually and
cumulatively, and waive this limitation
in writing before the permittee may
proceed;
d. For, discharges causing the loss of
greater than 1/io-acre of non-tidal waters
of the US, the permittee notifies the
District Engineer in accordance with
General Condition 13;
e. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
f. The discharge is part of a single and
complete project; and
g. C=ompensatory mitigation will
normally be required to offset the losses
of waters of the US. The notification
must also include a compensatory
mitigation proposal to offset authorized
losses of waters of the US.
2088 Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
For the purposes of this NWP, the
terra "recreational facility" is defined a
a recreational activity that is integrated
into the natural landscape and does not
substantially change preconstruction
grades or deviate from natural landscap
contours. For the purpose of this permit
the primary function of recreational
facilities does not include the use of
motor vehicles, buildings, or imperviou
surfaces. Examples of recreational
facilities that may be authorized by this
NWP include hiking trails, bike paths,
horse paths, nature centers, and
campgrounds (excluding trailer parks).
This NWP may authorize the
construction or expansion of golf
courses and the expansion of ski areas,
provided the golf course or ski area does
not substantially deviate from natural
landscape contours. Additionally, these
activities are designed to minimize
adverse effects to waters of the US and
riparian areas through the use of such
practices as integrated pest
management, adequate stormwater
management facilities, vegetated buffers,
reduced fertilizer use, etc. The facility
must have an adequate water quality
management plan 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. This NWP also
authorizes the construction or
expansion of small support facilities,
such as maintenance and storage
buildings and stables that are directly
related to the recreational activity. This
NWP does not authorize other
buildings, such as hotels, restaurants,
etc. The construction or expansion of
playing fields (e.g., baseball, soccer, or
football fields), basketball and tennis
courts, racetracks, stadiums, arenas, and
the construction of new ski areas are not
authorized by this NWP, (Section 404)
43. StormwaterManagement
Facilities. Discharges of dredged or fill
material into non-tidal waters of the US,
excluding non-tidal wetlands adjacent
to tidal waters, for the construction and
maintenance of stormwater management
facilities, including activities for the
excavation of stormwater ponds/
facilities, detention basins, and
retention basins; the installation and
maintenance of water control structures,
outfall structures and emergency
spillways; and the maintenance
dredging of existing stormwater
management ponds/facilities and
detention and retention basins,
provided the activity meets all of the
following criteria:
a. The discharge for the construction
of new stormwater management
facilities does not cause the loss of
greater than V2-acre of non-tidal waters
s of the US, excluding non-tidal wetland
acillcent to tidal waters;
b. The discharge does not cause the
loss of greater than 300 linear-feet of a
e stream bed, unless for intermittent
stream beds this criterion is waived in
writing pursuant to a determination by
the District Engineer, as specified
s below, that the project complies with al
terms and conditions of this NWP and
that any adverse impacts of the project
on th'd aquatic environment are
minimal, both individually and
cumulatively;
c. For discharges causing the loss of
greater than 300 linear feet of
intermittent stream beds, the permittee
notifies the District Engineer in
accordance with the "Notification"
General Condition 13. In such cases, to
be authorized the District Engineer must
determine that the activity complies
with the other terms and conditions of
the NWP, determine the adverse
environmental effects are minimal both
individually and cumulatively, and
waive this limitation in writing before
the permittee may proceed;
d. The discharges of dredged or fill
material for the construction of new
stormwater management facilities in
perennial streams is not authorized;
e. For discharges or excavation for the
construction of new stormwater
management facilities or for the
maintenance of existing stormwater
management facilities causing the loss
of greater than 1/io-acre of non-tidal
waters, excluding non-tidal wetlands
adjacent to tidal waters, provided the
permittee notifies the District Engineer
in accordance with the "Notification"
General Condition 13. In addition, the
notification must include:
(1) A maintenance plan. The
maintenance plan should be in
accordance with state and local
requirements, if any such requirements
exist;
(2) For discharges in special aquatic
sites, including wetlands and
submerged aquatic vegetation, the
notification must include a delineation
of affected areas; and
(3) A compensatory mitigation
proposal that offsets the loss of waters
of the US. Maintenance in constructed
areas will riot require mitigation
provided such maintenance is
accomplished in designated
maintenance areas and not within
compensatory mitigation areas (i.e.,
District Engineers may designate non-
maintenance areas, normally at the
downstream end of the stormwater
managernent facility, in existing
stormwater management facilities). (No
mitigation will be required for activities
that are exempt from Section 404 permit
s requirements);
f. The permittee must avoid and
minimize discharges into waters of the
US at the project site to the maximum
extent practicable, and the notification
must include a written statement to the
District Engineer detailing compliance
with this condition (i.e. why the
I discharge must occur in waters of the
US and why additional minimization
cannot be achieved);
g. The stormwater management
facility must comply with General
Condition 21 and be designed using
BMPs and watershed protection
techniques. Examples may include
forebays (deeper areas at the upstream
end of the stormwater management
facility that would be maintained
through excavation), vegetated buffers,
and siting considerations to minimize
adverse effects to aquatic resources.
Another example of a BMP would be
bioengineering methods incorporated
into the facility design to benefit water
quality and minimize adverse effects to
aquatic resources from storm flows,
especially downstream of the facility,
that provide, to the maximum extent
practicable, for long term aquatic
resource protection and enhancement;
h. Maintenance excavation will be in
accordance with an approved
maintenance plan and will not exceed
the original contours of the facility as
approved and constructed; and
i. The discharge is part of a single and
complete project. (Section 404)
44. Mining Activities. Discharges of
dredged or fill material into:
(i) Isolated waters; streams where the
annual average flow is 1 cubic foot per
second or less, and rion-tidal wetlands
adjacent to headwater streams, for
aggregate mining (i.e., sand, gravel, and
crushed and broken stone) and
associated support activities;
(ii) Lower perennial streams,
excluding wetlands adjacent to lower
perennial streams, for aggregate mining
activities (support activities in lower
perennial streams or adjacent wetlands
are not authorized by this NWP); and/
or
(iii) Isolated waters and non-tidal
wetlands adjacent to headwater strearns,
for hard rock/mineral mining activities
(i.e., extraction of metalliferous ores
from subsurface locations) and
associated support activities, provided
the discharge meets the following
criteria:
a. The mined area within waters of
the US, plus the acreage loss of waters
of the US resulting from support
activities, cannot exceed 1/2-acre;
b. The permittee must avoid and
minimize discharges into waters of the
Fr feral Register/Vol. 67, No. 10/Tuesday, January 1.`i, 2002/Notices 9nno
US at the project site to tile illaxinillill
extent practicable, and the notification
mast 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 oil 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 be
compensated through mitigation
approved by the Corps;
h. 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 i 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 clredged or fill
material into waters of the US for
multiple mining activities on several
designated parcels of a single and
complete tniniug operation can be
authorized by this N4VP provided the
'/z-acre litnit is not exceeded; and
I. Notification: The permittee trust
notify the District Engineer in
accordance with General 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 autIorize hard
rock/mineral mining, 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 on
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 chtring 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
streams must be installed to maintain
low flow conditions.
5. Equipment. Heavy equipment
working in wetlands must be placed on
mats, or other measures must be taken
to minimize soil disturbance.
6. Regional and Case-By-Case
Conditions. The activity must comply
with any regional conditions that may
have been added by the Division
f Engineer (see 33 CF'R 330.4(e)).
Additionally, 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.
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 from 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)).
(b) 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
rnanagernent measures, the permittee
must provide water quality managernernt
measures that will ensure that the
authorized work does not result in more
than minimal degradatioa 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://rvtinv.nfms.gov/
prot
res/esohome
htrn/ res
ti
l written notice from the District or

management is the establishment and _
.
pec
ve
y.
12
Historic Pro
erties
N
ti
i Division Engineer. Subsequently, the
'

maintenance of vegetated buffers next to .
p
.
o ac
v
ty
which may affect historic properties perrnittee
s right to proceed under the
NWP may be modified
suspended
or
open waters, including streams (refer to
General Condition 19 for vegetated listed, or eligible for listing, in the
National Register of Historic Plac
s i ,
,
revoked only in accordance with the

buffer requirements for the NWPs). e
s
authorized, until the District Engineer procedure set forth in 33 CFR
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
water quality
While a
ro
riate CFR part 325, Appendix C. The
pros
ective
er
itt notification must be in writing and
.
pp
p
measures must be taken, in most cases p
p
m
ee must 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 permittee;

require monitoring,
10
C
l
eligible, or which the prospective
i
h (2) Location of the proposed project;
(3) Brief description of the pro
osed
.
oasta
Zone Management. In
certain states, an individual state coastal perm
ttee
as reason to believe may be
eligible for listing on the National p
project; the project's purpose; direct and

zone management consistency
concurrence must be obtained or waived
Register of Historic Places, and shall not
begin the activity until notified by the (redirect adverse environmental effects
the project would cause; an other
y

(see Section 330.4(d)).
District Engineer that the requirements NWp(s), Regional General Permit(s), or
Individual Permit(s) used or int
d
d

11. F,ndongered Species. (a) No
activity is authorized under any NWP
of the National Historic Preservation Act
have been satisfied and that the activity en
e
to
be used to authorize any part of the

which is likely to jeopardize the
is authorized. Information on the
l proposed project or any related activity.
Sketches should be
rovided whe

continued existence of a threatened or
endangered species or a species
ocation and existence of historic
resources can be obtained from the State p
n
necessary to show that the activity

proposed for such designation, as
identified under the Federal Endan
ered
Historic Preservation Office and the
National Register of Historic Places (see complies with the terms of the NWI'

(Sketches usually clarify the project and
g
Species Act (ESA), or which will 33 CFR 330.4(8)). For activities that may
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 NWF's 7, 12, 14, 18, 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 work or include a vicinit
m
y aquatic sites, including wetlands,

vegetated shallows (e.g., submerged

project, or is located in the designated
i
i
l h
b a indicating the location of the
historic propert aquatic vegetation, seagrass beds), and
riffle and pool complexes (see paragraph
cr
t
ca
a
itat and shall riot begin work
on the activity until notified by the 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 permittee must notify the District information regarding the original
.
that may affect Federally-listed Engineer with a preconstruction design capacities and configurations of
en
dangered or threatened species or notification (PCN) as early as possible.
Th those areas of the facility where

designated critical habitat
the e District Engineer must determine if maintenance dredging or excavation is
,
notification must include the name(s) of the notification is complete within 30 Proposed;

the endangered or threatened species days of the date of receipt and can (6) For NWP 14 (Linear

that may be affected by the proposed request additional information Transportation Crossings), the PCN

work or that utilize the desi
nated necessary to make the PCN complete must include a compensatory mitigation
g
critical habitat that may be affected by only once. Ilowever, if the prospective proposal to offset permanent losses of

the proposed work. As a result of formal permittee 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

NMFS the District Engineer may add Engineer will notify the prospective waters of the US will be minimized to
species-specific
regional endangered permittee that the notification is still the maximum extent practicable;

species conditions to the NWPs incomplete and the PCN review process
(7) For N4V1 21 (Surface Coal Miuino
.
(b) Authorization of an activity by a will not commence until all of the Activities), the PCN must include an

NWP does not authorize the "take" of a requested information has been received Office of Surface Mining (OSM) of state-

threatened or endangered species as by the District Engineer. The approved mitigation plan, if applicable,

defined tinder the ESA. In the absence prospective permittee shall not begin
the activity: To be authorized by this NWP, the
District Engineer must determine that
of separate authorization (e.g., an ESA
Section 10 t Permit, a Biological Opinion
o
"
" l
(1) Unti notified in writing by the
District Engineer that the activity may
the activity complies with the terms and
conditions of the NWP and that the
with
incidental take
provisions, etc.)
from the USF'WS 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) LJuless 45 clays have passed from (8) For NWl' 27 (Stream and Wetland
Restoration)
the PCN must include
directly from the offices of the USFWS
and NMFS or their wo
ld
id
b the District Engineer's receipt of the ,
documentation of the prior condition of
r
w
e we
pages at http://rvwnv.fvvs.gov/r•9eiicispp/ complete notification and the
prospective permittee has not received the site that will be reverted by the
permittee;
Federal Register / Vol. 67, No. 10/Tuesday, Januarv 15. 2002 / NnrirPC )nn-1
(9) For MVP 29 (Single-Family
[lousing), the PCN must also include:
W Any past use of this NWP by the
Individual Permittee and/or the
permittee's spouse;
(ii) A statement that the single-family
housing activity is for a personal
residence of the perrrrittee;
(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 1/4-acre or less
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. For
parcels greater than 1/4-acre in size,
formal wetland delineation must be
prepared in accordance with the current
method required by the Corps. (See
paragraph 13(n);
(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 urchase has been executed;
10) For MVP 31 (Maintenance of
Existing Flood Control Projects), the
prospective permittee must 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:
(i) 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 MVP 33 (Temporary
Construction, Access, and Dewatering),
the PCN must also incluCle a restoration
plan of reasonable measures to avoid
and minimize adverse effects to aquatic:
resources;
(12) For NWI's 30, 43 and 44, the I'M
most also iucludr: 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 MVP 39 and NMI 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
stream hed, to be authorized, the Distri
Engineer must determine that the
activity complies with the other terms
and conditions of the N4VP, 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;
(14) For NWP 40 (Agricultural
Activities), the PCN must include a
compensatory mitigation proposal to
offset losses of waters of the US. This
NWP does not authorize the relocation
of greater than 300 linear-feet of existing
serviceable drainage ditches constructed
in non-tidal streams unless, for drainage
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 MVP 43 (Stormwater
Management Facilities), the PCN must
include, for the construction of new
stornnvater 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 he
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 MVP 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 rnust
include the name(s) of those endangered
or threatened species that may be
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 rnap 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)-(18)
of General Condition 13. A letter
containing the requisite information
may also be used.
i (d) Districe Engineer's Decision: In
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
uray be either concephrat or detailed. If
the prospective permittee elects to
submit a compensatory mitigation plan
with the PCN, the District I?ngineer will
expeditiously review the proposed
compensatory mitigation plan. The
District Engineer must review the plan
within 45 clays of receiving a complete
PCN and determine whether the
conceptual or specific proposed
mitigation would ensure 110 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 /`T'uesday, January 15, 2002 / Notices
be minimal, the District Engineer will
provide a timely written response to the
applicant. Tire response will state that
the project can proceed under the terms
and conditions of the NWP.
If the District Engineer determines
that the adverse effects of the proposed
work are more than minimal, then the
District Engineer will notify the
applicant either: (1) That the project
does riot qualify for authorization under
the NWP and instruct the applicant on
the procedures to seek authorization
under an Individual Permit; (2) that the
project is authorized under the NWP
subject to the applicant's submission of
a mitigation proposal that would reduce
the adverse effects on the aquatic
environment to the minimal level; or (3)
that the project is authorized under the
NWP with specific modifications or
conditions. Where the District Engineer
determines that mitigation is required to
ensure no more than minimal adverse
effects occur to the aquatic
environment, the activity will be
authorized within the 45-day PCN
period. The authorization will include
the necessary conceptual or specific
mitigation or a requirement that the
applicant submit a mitigation proposal
that would reduce the adverse effects on
the aquatic environment to the minimal
level. When conceptual mitigation is
included, or a mitigation plan is
required under item (2) above, no work
in waters of the US will occur until the
District Engineer has approved a
specific mitigation plan.
(e) Agency Coordination: The District
Engineer will consider any comments
from Federal and state agencies
concerning the proposed activity's
compliance with the terms and
conditions of the NWPs and the need for
mitigation to reduce the project's
adverse environmental effects to a
minimal level. ,
For activities requiring notification to
the District Engineer that result in the
loss of greater than'/2-acre of waters of
the US, the District Engineer will
provide immediately (e.g., via facsimile
transmission, overnight mail, or other
expeditious manner) a copy to the
appropriate Federal or state offices
(USFWS, state natural resource or water
quality agency, EPA, State Historic
Preservation Officer (SHPO), and, if
appropriate, the NMFS). With the
exception of NWP 37, these agencies
will then have 10 calendar days from
the date the material is transmitted to
telephone or fax the District Engineer
notice that they intend to provide
substantive, site-specific comments. If
so contacted by an agency, the District
Engineer will wait an additional 15
calendar days before making a decision
on the notification. The District
Engineer will fully consider agency
comments received within the specified
time tram(:, but will provide no
response to the resource agency, except
as provided below. The District
Engineer will indicate in the
administrative record associated with
each notification that the resource
agencies' concerns were considered. As
required by section 305(b)(4)(H) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
District Engineer will provide a
response to NMF'S within 30 days of
receipt of any Essential Fish Habitat
conservation recommendations.
Applicants are encouraged to provide
the Corps multiple copies of
notifications to expedite agency
notification.
(f) Wetland Delineations: Wetland
delineations must be prepared in
accordance with the current method
required by the Corps (For NWP 29 see
paragraph (b)(9)(iii) for parcels less than
(1/4-acre in size). The permittee may ask
the Corps to delineate the special
aquatic site. There may be sorne delay
if the Corps does the delineation.
Furthermore, the 45-day period will not
start until the wetland delineation has
been completed and submitted to the
Corps, where appropriate.
14. Compliance Certification. Every
permittee who has received NWP
verification from the Corps will submit
a signed certification regarding the
completed work and any required
mitigation. The certification will be
forwarded by the Corps with the
authorization letter and will include:
(a) A statement that the authorized
work was done in accordance with the
Corps authorization, including any
general or specific conditions;
(b) A statement that any required
mitigation was completed in accordance
with the permit conditions; and
(c) The signature of the permittee
certifying the completion of the work
and mitigation,
15, Use of Multiple Nationwide
Permits. The use of more than one NWP
for a single and complete project is
prohibited, except when the acreage loss
of waters of the US authorized by the
NWPs does not exceed the acreage limit
of the NWP with the highest specified
acreage limit (e.g. if a road crossing over
tidal waters is constructed under NWP
14, with associated bank stabilization
authorized by NWP 13, the maximum
acreage loss of waters of the US for the
total project cannot exceed 1/a-acre).
16. Water Supply Intakes. No activity,
including structures and work in
navigable waters of the US or discharges
of dredged or fill material, may occur in
the proximity of a public water supply
intake except where the activity is for
repair of the public water supply intake
structures or adjacent bank stabilization.
17. Shellfish Beds. No activity,
including structures and work in
navigable waters of the US or discharges
of dredged or fill material, inav occur in
areas of concentrated shellfish
populations, unless the activity is
directly related to a shellfish harvesting
activity authorized by NWP 4.
18. Suitable Material. No activity,
including structures arid work in
navigable waters of the US or discharges
of dredged or fill material, may consist
of unsuitable material (e.g., trash,
debris, car bodies, asphalt, etc.) and
material used for construction or
discharged must be free from toxic
pollutants in toxic amounts (see section
307 of the CWA).
19. Mitigation. The District Engineer
will consider the factors discussed
below when determining the
acceptability of appropriate acid
practicable mitigation necessary to
offset adverse effects on the aquatic
environment that are more than
minimal.
(a) The project must be designed and
constructed to avoid and minimize
adverse effects to waters of the US to the
maximum extent practicable at the
project site (i.e., on site).
(b) Mitigation in all its forms
(avoiding, minimizing, rectifying,
reducing or compensating) will be
required to the extent necessary to
ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a
minimum one-for-one ratio will be
required for all wetland impacts
requiring a PCN, unless the District
Engineer determines in writing that
some other form of mitigation would be
more environmentally appropriate and
provides a project-specific waiver of this
requirement. Consistent with National
policy, the District Engineer will
establish a preference for restoration of
wetlands as compensatory mitigation,
with preservation used only in
exceptional circumstances.
(d) Compensatory mitigation (i.e.,
replacement or substitution of aquatic
resources for those impacted) will not
be used to increase the acreage losses
allowed by the acreage limits of some of
the NWPs. For example,'/4-acre of
wetlands cannot be created to change a
'1/4-acre loss of wetlands to a 1/1-acre loss
associated with NWP 39 verification.
I Iowever, 1/2-acre of created wetlands
can be used to reduce the impacts of a
1/2-acre loss of wetlands to the minimunc
impact level in order to rneet the
Federal Register/Vol. 67, No. 10 /'Tuesday, January 15, 2002/Notices 2093
minimal impact requirement associated
with NWP accomplishing and/or complying with discharges of dredged or fill material,
s.
(e) To be practicable, the mitigation the mitigation plan.
20. Spawning Areas. Activities, into breeding areas for migratory
waterfowl most be avoided to the
must be available and capable of being
clone considering costs, existing including structures and work in
navigable waters of the US or discha maximum extent practicable,

technology, and logistics in light of the rges
of dredged or fill material, in spawning 24. Removal of Temporary Fills. Any
temporary fills must be removed in their
overall project purposes. Examples of areas during spawning seasons must be entirety and the affected areas returned
mitigation that may be appropriate and avoided to the maximum extent to their preexisting elevation

practicable include, but are not limited
practicable. Activities that result in the .
25. Designated Critical Resource
to: reducing the size of the project; physical destruction (e.o., excavate, fill, Waters. Critical resource waters include

establishing and maintaining wetland or or smother downstream by substantial ,
NOAA-designated marine sanctuaries

upland vegetated buffers to protect open
turbidity) of an important spawning area ,
National Estuarine Research Reserves

waters such as streams; and replacing
are not authorized. ,
National Wild and Scenic Rivers

losses of aquatic resource functions and
21. Management of Water Flows. To ,
critical habitat for Federally listed
values by creating, restoring, enhancing, the maximum extent practicable, the threatened and endangered species,
or preserving similar functions and activity must be designed to maintain coral reefs, state natural heritage sites

values, preferably in the same
preconstruction downstream flow ,
and outstanding national resource
watershed. conditions (e.g., location, capacity, and waters or other waters officially
(f) Compensatory mitigation plans for flow rates). Furthermore, the activity designated by a state as having
projects in or near streams or other open
waters will normally include a must not permanently restrict or impede
the passage of normal or expected high particular environmental or ecological
significance and identified by the
requirement for the establishment, flows (unless the primary purpose of the District Engineer after notice and
maintenance, and legal protection (e.g., fill is to impound waters) and the opportunity for public comment. The
easements, deed restrictions) of structure or discharge of dredged or fill District Engineer may also designate
vegetated buffers to open waters. In material must withstand expected high additional critical resource waters after
many cases, vegetated buffers will be flows. The activity must, to the notice and opportunity for comment.
the only compensatory mitigation maximum extent practicable, provide (a) Except as noted below, discharges
required. Vegetated buffers should for retaining excess flows from the site, of dredged or fill material into waters of
consist of native species. The width of provide for maintaining surface flow the US are not authorized by NWPs 7,
the vegetated buffers required will rates from the site similar to 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42,
address documented water quality or preconstruction conditions, and provide 43, and 44 for any activity within, or
aquatic habitat loss concerns. Normally for not increasing water flows from the directly affecting, critical resource
,
the vegetated buffer will be 25 to 50 feet Project site, relocating water, or waters, including wetlands adjacent to
wide on each side of the stream, but the redirecting water flow beyond such waters. Discharges of dredged or
District Engineers may require slightly
wider ve
etated buffers to address cphannelizingrwill be reduced to the be l aumaterials thorized by the above NWPs in may
g
documented water quality or habitat minimal amount necessary, and the National Wild and Scenic Rivers if the

loss concerns. Where both wetlands and activity must, to the maximum extent activity complies with General

open waters exist ne t the appropriate roject te, the
Corps ill practicable, reduce adverse effects such
as flooding or erosion downstream and Condition 7. Further, such discharges
may be authorized in designated critical

compensatory mitigation (e.g., stream
buffers or wetlands com
ensation) upstream of the project site, unless the
activity is part of a larger system habitat for Federally listed threatened or
endangered species if the activity
p
based on what is best for the aquatic designed to manage water flows. In most complies with General Condition 11 and

environment on a watershed basis. In
cases where vegetated buffers are cases, it will not be a requirement to
conduct detailed studies and monitoring the USFWS or the NMFS has concurred
in a determination of cam Trance with
p
determined to be tie most appropriate

form of compensatory mitigation
the of water flow.
This condition is only applicable to this condition.
(b) For MVPs 3, 8, 10, 13, 15, 18, 19,
,
District Engineer'may waive or reduce
the requirement to provide wetland projects that have the potential to affect
waterflows. While appropriate measures 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and
38, notification is required in

compensatory mitigation for wetland
im
act must be taken, it is not necessary to
conduct detailed studies to identify accordance with General Condition 13,
for any activity pro
osed in the
p
s.
(g) Compensatory mitigation such measures or require monitoring to p
designated critical resource waters

p
roposals submitted with the ensure their effectiveness. Normally, the

Corps will defer to state and l
l including wetlands adjacent to those
11
notification" may be either conceptual
or detailed. If conceptual plans are oca
authorities regarding management of waters. The District Engineer may
authorize activities under these NWPs

approved wider the verification, then water flow.
22. Adverse Fffects From only after it is determined that the
i

the Corps will condition the verification
to require detailed plans be submitted
Impoundments. If the activity creates an mpacts to the critical resource waters
will be no more than minimal.

and approved by the Corps prior to impoundment of water, adverse effects
to the aquatic: system due to the 26. hills Within 100-Year Floodploins.
For purposes of this General Condition

construction of the authorized activity
in waters of the US
acceleration of the passage of water, ,
100-year floodplains will be identified
.
(h) Permittees may propose the use of and/or the restricting its flow shall be
minimized to tie maximum extent through the existing Federal Emergency
Management Agenc
's (FEb4A) Flood
mitigation banks, in-lieu fee
arrangements or separate activity- practicable. This includes structures
and work in navigable waters of the US, y
Insurance Rate Maps or FEMA-approved
local floodplain maps

specific compensatory mitigation. In all
cases that require compensator
or discharges of dredged or fill material.
23
W
t
l ,
(a) Discharges in Floodplain; Below
y
mitigation, the mitigation provisions .
a
erfow
Breeding Areas.
Activities, including structures and Headwaters. Discharges of dredged or
fill material into waters of the US within
will specify the party responsible for work in navigahle waters of the US or the mapped loo-year floodplain, below
2094 Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
headwaters (i.e. five cfs), resulting in
permanent above-grade fills, are not
authorized by NWPs 39, 40, 42, 43, and
44.
(b) Discharges in Floodway; Above
Headwaters. Discharges of dredged or
fill material into waters of the US within
the FEMA or locally mapped floodwav,
resulting in permanent above-grade fills,
are not authorized by NWPs 39, 40, 42,
and 44.
(c) The permittee must comply with
any applicable FEMA-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 be
submitted at least one month before the
previously approved completion elate.
D. Further Information
1. District Engineers have authority to
determine if an activity complies with
the terms and conditions of an MVP.
2. NWPs do not obviate the need to
obtain other Federal, state, or local
permits, approvals, or authorizations
required by law.
3. MVPs do not grant any property
rights or exclusive privileges.
4. NWPs do not authorize any injury
to the property or rights of others,
5. MVPs do not authorize interference
with any existing or proposed Federal
project.
E. Definitions
Best Management Practices (BMPs):
BMPs are policies, practices,
procedures, or structures implemented
to mitigate the adverse environmental
effects on surface water quality resulting
from development. BMPs are
categorized as structural or non-
structural. A BMP policy may affect the
limits on a development.
Compensatory 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 of
compensating for unavoidable adverse
impacts which remain after all
appropriate and practicable avoidance
and minimization has been achieved.
Creation: The establishment of a
wetland or other aquatic resource where
one (lid not formerly exist.
Enhancement: Activities conducted in
existing wetlands or other aquatic
resources that increase one or more
aquatiCfunctions.
Ephemeral Stream: An ephemeral
stream has flowing water only during
and for a short duration after,
precipitation events in a typical year.
Ephemeral stream beds are located
above the water table year-round.
Groundwater is not a source of water for
the stream. Runoff from rainfall is the
primary source of water for stream flow.
Farm Tract: A unit of contiguous land
under one ownership that is operated as
a farm or part of a,farm.
Flood Fringe: That portion of the 100-
year floodplain outside of the floodway
(often referred to as 'floodway fringe").
Floodwoy: The area regulated by
Federal, state, or local requirements to
provide for the discharge of the base
flood so the cumulative'
umulative 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-year
flood lain,
Independent Utility: A test to
determine what constitutes a 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 phases 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 Stream: An intermittent
stream has flowing 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 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 M-V11; 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. 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. 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 MVPs.
Non-tidal Wetland: 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 CPR
32E1.3(b). Non-tidal wetlands contiguous
to tidal waters are located landward of
the high tide line (i,e., spring high tide
line).
Open Water: An 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 from
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 Kegister / 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 are
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: The
term "single and complete project" is
defined at 33 CFR•330.2(i) as the total
project proposed or accomplished by
one owner/developer or partnership or
other association of owners/developers
(see definition of independent utility).
For linear projects, the "single and
complete project" (i.e., a single and
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.
StormrvoterManagement: Stormwater
management is the mechanism for
controlling stormwater runoff for the
purposes of reducing downstream
erosion, water quality degradation, and
flooding and mitigating the adverse
effects of changes in land use on the
aquatic environment.
Storanvoter Management Facilities:
Storrwater management facilities are
those facilities, including but not
limited to, stormwater retention and
detention ponds and BMPs, 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 Channelization: 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.
Tidal 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) and 33
CFR 328.3(f), 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 due to masking by other waters,
wind, or other effects. Tidal wetlands
are located channelward of the high tide
line (i.e., spring high tide line) and are
inundated by tidal waters two times per
lunar 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.g., 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, shrubs, and
herbaceous plants on land next to open-
waters. Mowed lawns are not
considered vegetated buffers because
they provide little or no aquatic habitat
functions and values. The establishment
and 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.
Waterbody: 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
mark is established. Wetlands
contiguous to the waterbody are
considered part of the waterbody.
(FK 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 (Chelonia mydas)
Endangered hawksbill turtle
(Eretmochelys irnbricata)
Endangered Kemp's ridley turtle
(Lepidochelys kemppii)
Endangered leatherback turtle
(Dermochelys coriacea)
Threatened loggerhead turtle (Caretta
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 11 leatherback turtles on the
Gulf coast.
Dated: February 7, 2002.
Jill Lewandowski,
Acting Chief, Permits, Conservation, and
Education Division, office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 02-3522 Filed 2-12-02; 8:45 am]
BILLING CODE 3510.22-S
FOR FURTHER INFORMATION CONTACT: Mr.
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: lnttp://
www.usace.army.mil/inet/functions/
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, 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." 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 MVPs 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, 14, 27, 39, 40, 41, 42, 43, and 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 under contract to commence by
March 18, 2002, will have until March
18, 2003, to complete the activity."
On page 2020, in the "Clean Water
Act Section 401 Water Quality
Certification (WQC) and Coastal Zone
Management Act (CZMA) Consistency
Agreement" section, the (late in the filth
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 Conditions 19.
On page 2024, first column, in the
fourth sentence of the last paragraph the
phrase "less than" is replaced by
"greater than" because the 30 day
completeness review period for NWP
pre-construction notifications is greater
than the 15 clay completeness review
period for standard permit applications.
On page 2031, second column, second
full paragraph, the number 31 is
replaced with the number 3 because this
paragraph refers to NWP 3.
On page 2044, second column, fourth
complete paragraph, the title 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 (0) is replaced with "; or".
On page 2080, 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 13 published in the December 13,
1996, Federal Register (61 FR 65915).
On page 2080, third column, the word
"or" is inserted at the end of paragraph
(a)(1) of NWT' 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
'/z-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 Vi-acre of
waters of the US."
On page 2085, second column, the
last sentence of NVVP 36 is corrected to
read as follows: "Dredging to provide
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Issuance of Nationwide Permits;
Notice; Correction
AGENCY: Army Corps of Engineers, Dol).
ACTION: Final notice; correction.
SUMMARY: This document contains
corrections to the final notice of
issuance of Nationwide Permits (NVVPs)
which was published in the Federal
Register on Tuesday, January 15, 2002
(67 FR 2020-2095).
ADDRESSES: HQUSACE, ATI'N: CECW-
OR, 441 "G" Street, NW., Washington,
DC 20314-1000.
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 36
published in the December 13, 1996,
Federal Register (61 FR 65919).
On page 2086, in the second full
paragraph of the second column,
"paragraph (e)" in the second sentence
is replaced with "paragraph (f)" 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. This 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 column, 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 1Ao 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).
I Iowever, under paragraph (c)(1) all
ephemeral waters of the United States
are included in the measurement for the
1/,o acre PCN requirement. The
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. Commercial, and
Institutional Developments. Discharges
of dredged or fill material into non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to ticlal 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,
stonnwater 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). 'File construction of new
ski areas or oil and gas wells is not
authorized by 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 1/, Z-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 V1o-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
?3) 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 pennittee may
proceed;
d. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
e. I'he discharge is part of a singlu and
complete project;
f. The pennittee 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 CIS were achieved on the project
site. Compensatory mitigation will
normally be required to offset the losses
of waters of the CIS. (See General
Condition 19.) Tire 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 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 V,o-acre requires
that the permittee notify the District
Engineer in accordance with General
Condition 13;
h. Any work authorized by this MVP
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/,o-acre or less of waters of the US, the
pennittee must submit a report, within
30 clays 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., 1/z-acre 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.,
'/,-acre of emergent wetlands created
on-site);
j. If there are any open waters or
streams within the project area, the
pennittee 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
our 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 /Wednesday, February 13, 2002 /Notices
compensatory mitigation proposal that
is required in paragraph (f) of this NWP
may be either conceptual or detailed.
The 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 NWP 39 can
not exceed V2-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 US 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 Via acre of ephemeral waters
would require PCNs tinder 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.
On page 2089, third column, the text
of General Condition 6 is corrected to
read: "The activity must comply 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
Zone Management Act consistency
determination." The change to General
Condition 6 that was publisher) 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 column, 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://
wwiv.nmfs.noaa.gov/Prot resloverviewl
es.html * * *" because the Internet
address for the National Marine
Fisheries Service home page for
endangered species has been changed.
On page 2090, third column, 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,
't'herefore, 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(x);,,
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:
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 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
2000 Federal Register notice.
Ilowever, the language in the 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 in 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 clarify
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
''Loss 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 stream 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 nutter,
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 Chief, Operations Division,
Directorate of Civil Works.
[FR Doc. 02-3555 Filed 2-12-02; 8:45 aml
BILLING CODE 1710.92-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.n1. to 4:00 p.ni.,
February 5, 2002.
PLACE: Uniformed Services University
of the Health Sciences, Board of Regents
Conference Room (D3001), 4301 Jones
Bridge Road, Bethesda, MD 20814-4799.
STATUS: Open-under "Government in
the Sunshine Act" (5 U.S.C. 5526(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, USUIIS
((i) Report-Deart, School of Medicine
(7) Report-Dean, Graduate School of
Nursing
W) C'.oiliineiits-C;liiiriii,,iii, 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,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 02-3683 Filed 2-11-02; 3:32 pull
BILLING CODE 5001-08-M
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
AGENCY: Department of Education.
SUMMARY: The Leader, Regulatory
Information Management Group, Office
of the Chief Information Officer invites
comments on the submission for OMB
review as required by the Paperwork
Reduction Act of 1995.
DATES: Interested persons are invited to
submit comments on or before March
15, 2002.
ADDRESSES: Written comments should
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Attention: Lauren Wittenberg, Desk
Officer, Department of Education, Office
of Management and Budget, 725 17th
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DC 20503 or should be electronically
mailed to the internet address
Lauren- [e-mail].
SUPPLEMENTARY INFORMATION: Section
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