20020719 Ver 1_Complete File_20020507

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 10, 2002
Columbus County
DWQ Project No. 020719
APPROVAL of 401 Water Quality Certification
Mr. William D. Gilmore, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Dear Mr. Gilmore:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 60 linear feet of streams for the purpose of replacing a bridge on SR 1002 over Brier Creek in
Columbus County. The project shall be constructed in accordance with your application dated April 1,
2002. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 3375. This certification corresponds to the Nationwide Permit Number 14 issued by
the Corps of Engineers. In addition, you should acquire any other federal, state or local permits before you
proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and
Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit, unless
otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complying with all the conditions. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you must adhere to the conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 276 1 1-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
A 17
Michael F. Easley, Governor NCDENR
William G. Ross, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please contact John Hennessy at 919-733-5694.
Sincerely,
0 , ??
Gregory J. Thorpe, Ph.D.
Acting Director
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
DWQ Wilmington Regional Office
File Copy
Central Files
c:\ncdot\SR 1002\wqc\020719wgc.doc
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post consumer paper
40
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
April 1, 2002
U.S. Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, North Carolina 28402-1890
ATTN: Mr. Richard Spencer
NCDOT Coordinator
Dear Sir:
Subject: Notification for Nationwide Permit 14
020719
W. LYNDO TIPPETT
i
MAY - 7 2007
.. i ANI)s GROUP
Road Crossing Bridge Replacement SR 1002--Columbus County
State Project # 5.4352
The North Carolina Department of Transportation (NCDOT) proposes to replace a Timber /
Concrete bridge structure along SR 1002 in Columbus County. The existing bridge structure
(19 foot span x 29 foot width) is beyond repair and will be replaced with triple 112"x67"
CMPA's. A total of 60LF of stream impact is proposed as the result of this project, which is
necessary to maintain SR 1002 to current safety standards.
RESOURCE STATUS
A Wetland Delineation / Natural Resource Inventory was conducted within the Right-of-Way of
SR 1001 in Columbus County, North Carolina. Within the area of disturbance, the roadway
shoulders slope back to the Right-of-Way line; which coincides with the existing roadside
drainage ditch. And as such, the proposed culverts will not extend outside the roadside ditch.
Jurisdictional wetlands were not identified within the proposed Right-of-Way.
The proposed culverts will be installed within the stream banks of Brier Creek. Brier Creek is a
small stream swamp (blackwater type). Headwaters to Brier Creek originate at Brier Bay about
2.4 miles to the east of the project site. Brier Creek then flows 4.9 miles east to its confluence
with Big Swamp. The Lumber River is located 1.4 miles south of the confluence.
NJ
P. O. Box 1150, Fayetteville, NC 28302-1150 -1 elephone(910) 486-1792- Fax [phone]
At the time of the field visit. Brier Creek had a typical stream width of 6 ft and no hydrology
observed.
Dewatering of the project will riot be undertaken. Also, the side slopes will be protected by rip-
rap stone with a geotextile fabric liner.
In general, there will be minor impacts proposed as the result of the replacement of Bridge # 189
along SR 1002 in Columbus County. Approximately 60 linear feet / 360 sq ft of stream impacts
are expected. A Nationwide Permit #14 is required for the project due to the placement of the
culvert crossing.
Endangered Species: Plants and animals with Federal classification of Endangered (E) or
Threatened (T) are protected under provisions of Section 7 and Section 9 of the Endangered
Species Act of 1973, as amended. As of February 26, 2001, the U.S. Fish and Wildlife Service
lists six federally protected species for Columbus County.
Federallv Protected Species for Bladen County
SCIENTIFIC NAME COMMON NAME STATUS
Acipenser brevirostrum Shortnose sturgeon E
Alligator mississippiensis American alligator T (S /A)
Picoides borealis Red-cockaded
woodpecker E
Meidia extensa Waccamaw silverside T
Lysimachia asperulaefolia Rough-leaved
loosestrife E
Thalictrum cooleyi Cooley's meadowrue E
"E" denotes Endangered (a species that is in danger of extinction throughout
all or a significant portion of its range).
T(S/A)- Threatened due to similarity of appearance, a species that is threatened
Due to similarity of appearance with other rare species and is listed for its
Protection. These species are not biologically endangered or threatened and
Are not subject to Section 7 consultation.
A biological conclusion of "No Effect" was reached for all species during the December 12, 2001
survey for protected species. Protected species were not identified, nor, was the general habitat
for each species identified.
REGULATORY APPROVALS
Application is hereby made for a Department of the Army Nationwide Permit 14 and North
Carolina Department of the Environment and Natural Resource Division of Water Quality
General Certification #3376 as required by the above-described activities. No impacts shall occur
to jurisdictional wetland areas, and as such, wetland mitigation is not required.
If you should have any questions, or, need additional information please contact James J. Rerko,
PWS at [phone].
mcerely,
n /?wS
James J. Rerko, PWS
Division 6 Environmental Officer
ATTACHMENTS
CC: John Henessey (DWQ)
Tom McCartney (FWS)
L.L. Upole, P.E. DBE
Ken Murphy, P.E. DME
.01Mcial Use Only: Form Version October 2(1(11
020719
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP #14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
11. Applicant Information
1. Owner/Applicant Information
Name: Terry R Gibson, P .E./ NCDOT/Div 6/Division Eneineer
Mailing Address: P.O. Box 1150
Fayetteville, NC 28302
Telephone Number: 910-486-1493 Fax Number: 910-486-1959
E-mail Address: tgibson dot state.nc us
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: James J. Rerko, PWS
Company Affiliation: NCDOT / Div 6/ Division Environmental Officer
Mailing Address: SAME
Telephone Number: 910-486-1792 Fax Number: 910-486-1959
E-mail Address: jirerko dot state nc us
Pagel of 8
111. 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 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Bridge #189 / SR 1002
2. T.I.P. Project Number or State Project Number (NCDOT Only): State Proiect#5.4352
3. Property Identification Number (Tax PIN):
4. Location
County: Columbus Nearest Town: Evergreen
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): 1.1 mile south of the
intersection of NC 242 along SR 1002
5. Site coordinates, if available (UTM or Lat/Long): 34°26'43"N 78°51'24"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists
the coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Existing U.S. Highway
7. Property size (acres): less than 1 acre
8. Nearest body of water (stream/river/sound/ocean/lake): Brier Creek
9. River Basin: Lumber River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httQ//h2o enr state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: Remove deteriorating 19 ft (span) x 29 ft
(wide) Timber / Concrete bridge and replace with 3- 60LF 112" x 67"CMPA's.
Page 2 of 8
11. List the type of equipment to be used to construct the project:Truck crane & R/T Hoe
12. Describe the land use in the vicinity of this project: Rural
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.
Richard Spencer conducted a field view upon the site 01/02/02.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
None
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.
1. Wetland Impacts
Wetland Impact Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
indicate on ma acres es/no linear feet
N/A
Page 3 of 8
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing,
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 httn://w",%v. ferna.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: 0 acre
Total area of wetland impact proposed: 0 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
linear feet
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
Bridge #189 Culvert 60LF Brier Creek 6 ft Intermittent

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated np-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net losstgain),
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
%?w,A•.usgs.go%-. Several internet sites also allow direct download and printing of USGS maps (e.g., my%vtopozone.com,
%.1"I"'.mapguest.com. etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 60 ft
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 ma (acres) bay, ocean, etc.
Page 4 of 8
N/A

* List each impact separately and identify temporary impacts. impacts mciuoe, out are not nmrneu io: ,ui, u.% vauon. wcuZpug.
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N / A
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Footprint expanded to address safety concerns. Present roadway width is limited,
providing little margin of error for the motoring public.
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
Page 5 of 8
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state,nc.us/ncwetiands/strmgide.html.
IX.
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.
Mitigation not required -
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/'A!P/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Page 6 of 8
Yes N No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No N
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 N
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 ? No N 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
• Zone 1 extends out 30 teet perpendicular trom near oanx of cnannei; cone 1 extenus 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.
Page 7 of 8
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.
Erosion and Sedimentation Control Plan shall be incorporated into the construction clans
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
N/A
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (I 5A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
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).
6`3 3c' o Z_
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Pagle 9 of 8
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020719
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY. LYNDO TIPPETT
GOVERNOR SECRETARY
JANUARY 28, 2002
NCDENR Division of Water Quality
John Hennessy
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604-2260
RE: State Project No. 5.4352 / Columbus County
USACOE NWP#14 / NCDENR WQC 3375
Dear Mr. Hennessy:
j MAr
7 2002
t
Kl?
wAT, T t S
PAYMENT
RECEIVED
Enclosed, please find seven (7) copies of a PCN and related documentation for installation of a
culvert crossing in-lieu of a bridge, along SR 1102 in Columbus County. The project will be
completed in compliance with NCDENR Division of Water Quality General Certification 3375,
and, USACE Nationwide Permit #14.
This project is being submitted under the 401 Automated Payment Procedure. The State
Project No. is 5.4352, and, the permit fee is $200.00.
If you should have any questions or comments regarding this notification, please feel free to
contact me.
mcerely,
James . Rerko, PWS
Division 6 Environmental Officer
P. O. Box 1150, Fayetteville, NC 28302-1150 -Telephone [phone] -Fax [phone]
.#r k4"
7I_/) ) %/ v-
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
June 5, 2002
Mr. James J. Rerko
North Carolina Department of Transportation
Division 6 Environmental Officer
Post Office Box 1150
Fayetteville, North Carolina 28302-1150
Dear Mr. Rerko:
i
lYO?
W? lW ELA
Up
-..Q1lallyc?,
This responds to your April 30, 2002, letter to the U. S. Fish and Wildlife Service regarding the
replacement of Bridge 189 across Brier Creek and along SR 1002 in Columbus County. The
North Carolina Department of Transportation (NCDOT) proposes to replace the existing
timber/concrete bridge structure with a triple 112" x 67" CMPA. The replacement would impact
60 linear feet of Brier Creek and no jurisdictional wetlands were identified within the proposed
right-of-way.
Based on a review of our records for Columbus County and the information provided, the
Service concurs with the NCDOT's biological conclusion of "No Effect" for the shortnose
sturgeon (Acipenser brevirostrum), American alligator (Alligator mississippiensis), red-cockaded
woodpecker (Picoides borealis), rough-leaved loosestrife (Lysimachia asperulaefolia) and
Cooley's meadowrue (Thalictrum cooleyi). Please note, however, that this determination is
based on our current knowledge of the occurrences of federally listed species in Columbus
County and the survey of the project site on December 12, 2001, mentioned in your
correspondence.
We believe that the requirements of section 7(a)(2) of the Act have been satisfied. We remind
you that obligations under section 7 consultation must be reconsidered i£ (1) new information
reveals impacts of this identified action that may affect listed species or critical habitat in a
manner not previously considered; (2) this action is subsequently modified in a manner that was
not considered in this review; or, (3) a new species is listed or critical habitat determined that
may be affected by the identified action.
The Service recommends that the design and placement of the culvert seek to avoid or minimize
the five major environmental problems associated with culverts. The features that may create
migration barrier to fish include: (1) excessive drop at culvert outlet; (2) high velocity within
culvert barrel; (3) inadequate depth within culvert barrel; (4) turbulence within the culvert; and,
(5) debris accumulation at culvert inlet. The barrel of the culvert should be properly countersunk
at the outlet to prevent perching. We also recommend the following conservation measures to
avoid or minimize adverse environmental impacts to fish and wildlife resources:
.A' w..
1. In waterways that may serve as travel corridors for fish, in-water work should be avoided
during moratorium periods associated with migration, spawning, and sensitive pre-adult
life stages. The general moratorium period for anadromous fish is February 15 - June 15;
2. Complete implementation of Best Management Practices (BMP) for Protection of
Surface Waters;
If temporary impacts to wetlands or open water are necessary, all temporary fill should be
removed at the completion of construction and the impacted areas should be planted with
endemic vegetation, including trees, if necessary. For projects requiring a temporary on-
site detour in wetlands, the entire detour area, including any previous detour from past
construction activities, should be entirely removed and planted with appropriate
vegetation; and,
4. Activities within designated riparian buffers should be avoided or minimized;
The Service appreciates the opportunity to provide these comments. If you have any questions
regarding the Service's comments on this project, please contact Howard Hall at [phone]
(Ext. 27).
Sincerely,

Garland B. Pardue, Ph.D.
Ecological Services Supervisor
cc: Richard Spencer (USACE, Wilmington, NC)
David Cox (NCWRC, Creedmore, NC)
,,+6fin Hennessy (NCDWQ, Raleigh, NC)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D: 200200658 TIP No: State Project No: 5.4352 County: Columbus
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: North Carolina Department of Transportation
N01103S Al lWt 3.1VM
Address: Terry R. Gibson, P.L'., Division Engineer d110M9 Nd11133?M---?
North Carolina Department of Transportation 1
Division 6 f n ..
P.O. Box 1150 ?i
Fayetteville, North Carolina 28302
Telephone Number: [phone]
Size and Location of project (waterway, road name/number, town, etc.): 60 linear feet of triple 112-inch X 67-
inch CMPA culverts on SR 1002 in Brier Creek in Columbus County, North Carolina.
Description of Activity: To replace existing 19-foot long by 29-foot wide bridge number 189 with 60 linear feet of
triple 112-inch X 67-inch CMPA culverts. Traffic will be detoured onto existing roadways during constriction.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: 14 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 permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permttee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact
the Corps Regulatory Official specified below.
Date 30 May 2002
Corps Regulatory Official Richard K. Spencer Telephone No.
[phone]
Expiration Date of Verification 30 May 2005
CF: James Rerko, NCDOT /
John Hennessy, NCDWQV-

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0+1. Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2077
New York
New York District Engineer, ATTN: CENAN-
OP-R, 26 Federal Plaza, New York, NY
10278-0090
North Carolina
Wilmington District Engineer, 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, ATTN: 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, ATTN: CENAB-
OP-R, P.O. Box 1715, Baltimore, MD
21203-1715
Rhode Island
New England District Engineer, ATTN:
CENAE-R, 696 Virginia Road, Concord,
MA 01742-2751
South Carolina
Charleston District Engineer, ATTN: CESAC-
CO-P, P.O. Box 919, Charleston, SC
29402-0919
South Dakota
Omaha District Engineer, ATTN: CENWO-
OP-R, 106 South 15th Street, Omaha, NE
68102-1618
Tennessee
Nashville District Engineer, ATTN: CELRN-
OP-F, P.O. Box 1070, Nashville, TN
37202-1070
Texas
Ft. Worth District Engineer, ATTN: CESWF-
PER-R, P.O. Box 17300, Ft. Worth, TX
76102-0300
Utah
Sacramento District Engineer, ATTN:
CF.SPK-CO-R, 1325 J Street, CA 95814-
2922
Verrn on t
New England District Engineer, ATTN:
CENAE-R, 696 Virginia Road, Concord,
MA 01742-2751
Virginia
Norfolk District Engineer, ATTN: CENAO-
OP-R, 803 Front Street, Norfolk, VA
23510-1096
Washington
Seattle District Engineer, ATTN: CENWS-
OP--RG, P.O. Box 3755, Seattle, WA 98124-
2255
West Virginia
Huntington 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, MN
55161-1638
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 Mariana
Islands)
Honolulu District Engineer, ATTN: CEPOH-
EC-R, Building 230, Fort Shafter,
Honolulu, HI 96858-5440
Puerto Rico & Virgin Islands
Jacksonville District Engineer, ATTN:
CESAJ-CO-R, P.O. Box 4970, Jacksonville,
FL 32202-4412
Dated: January 4, 2002.
Approved:
Robert H. Griffin,
Brigadier General, U.S. Army, Director of Civil
Works.
Nationwide Permits, Conditions,
Further Information, and Definitions
A. Index of Nationwide Permits,
Conditions, Further Information, and
Definitions
Nationwide Permits
1. Aids to Navigation
2. Structures in Artificial Canals
3. Maintenance
4. Fish and Wildlife Harvesting,
Enhancement, and Attraction Devices and
Activities
5. Scientific Measurement Devices
6. Survey Activities
7. Outfall Structures and Maintenance
8. Oil and Gas Structures
9. Structures in Fleeting and Anchorage
Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Utility Line Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. U.S. Coast Guard Approved Bridges
16. Return Water From Upland Contained
Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Oil Spill Cleanup
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. State Administered Section 404 Programs
25. Structural Discharges
20.(Reservedl
27. Stream and Wetland Restoration
Activities
28. Modifications of Existing Marinas
29. Single-family Housing
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control
Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access and
Dewatering
34. Cranberry Production Activities
35. Maintenance Dredging of Existing Basins
36. Boat Ramps
37. Emergency Watershed Protection and
Rehabilitation
38. Cleanup of Hazardous and Toxic Waste
39. Residential, Commercial, and
Institutional Developments
40. Agricultural Activities
41. Reshaping Existing Drainage Ditches
42. Recreational Facilities
43. 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
6. 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 Floodplains
27. Construction Period
Further Information
Definitions
Best Management Practices (Biv1Ps)
Compensatory Mitigation
Creation
Enhancement
Ephemeral Stream
Farrar Tract
Flood Fringe
Floodway
Independent Utility
Intermittent Stream
Loss of Waters of the US
Non-tidal Wetland
Open Water
Perennial Stream
Permanent Above-grade Fill
Preservation
Restoration
Riffle and Pool Complex
2078 Federal Register/ Vol. 67, No. 10 / Tuesclay, January 15, 2002/Notices
Single and Complete Project
Stormwater Management
gement bridges, culverted road crossings, wate r
(toile primarily to obtain fill for any
Stormwater Management Facilities

Stream Bed intake structures, etc.) and the

placement of new or additional riprap t
restoration activities. The discharge of
o dredged or fill material and all related
Stream Channelization
Tidal Wetland
V
t
d protect the structure, provided the
permittee notifies the District Engineer work needed to restore the upland must
be part of a single and complete
roject

ege
ate
Buffer
Vegetated Shallows
in accordance with General Condition
13. The removal of sediment is limited p
.
This permit cannot be used in

Waterbody conjunction with NWP 18 or NW1' 19 to
to the minimum necessary to restore the restore darna
wed upland areas
This
B. Nationwide Permits waterway in the immediate vicinity of
the structure to the a
roximate .
permit cannot be used to reclaim
h
1. Aids to Navigation. The placement
of aids to navigation and he place pp
dimensions that existed when the istoric lands lost, over an extended
period, to normal erosion
rocesses

markers which are approved by and
i
t
ll
d
structure was built, but cannot extend
furthet• than 200 feet in an
dire
ti p
.
This permit does not authorize
ns
a
e
in accordance with the
requirements of the U.S. Coast Guard y
c
on
from the structure. The placement of rip maintenance dredging for the prirnarv
purpose of navigation and beach
(USCG) (See 33 CFR, chapter I,
subchapter C part G6). (Section 10)
r rap must be the minimum necessary to
protect the structure or to ensure the restoration. This permit does not
authorize new stream chanrielizatio

2. Structures
, in
Artificial Canals.
Structures constructed in artificial

safety of the structure. All excavated
materials must be deposited and n or

stream relocation projects. Any work
authorized by this permit must not
canals within principally residential
developments where the con
ti
f retained in an upland area unless
otherwise specifically approved by the cause more than minimal degradation of
nec
on o
the canal to navigable water of the US
has been previously authorized (see 33
District Engineer under separate
authorization. Any bank stabilization water quality, more than minimal
changes to the flow characteristics of the
t
i

CF'R 322.5(g)). (Section 10)
measures not directly associated with s
ream, or
ncrease flooding (See
General Conditions 9 and 21)
(Section

.3. Maintenance. Activities related to:
the structure will require a separate .
s
10 and 404)
(i) The repair, rehabilitation, or
replacement of any previously authorization from the District Engineer.
(iii) Discharges of dred
ed or fill Note: This MVP authorizes the repair,
h
bili
i

authorized, currently serviceable, g
material, including excavation, into all re
a
tat
on, or replacement of any
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 4040
serviceable structure or fill authorized with the restoration of upland areas exemption for maintenance.
by 33 CFR 330.3, provided that the
structure or fill is not to be put to uses damaged by a storm, flood, or other
discrete event
includin
the '4. Fish and Wildlife Harvesting,
E
h

differing from those uses specified or ,
g
construction, placement, or installation n
ancement, and Attraction Devices
and Activities
Fish and wildlife
contemplated for it in the original
permit or the most recently authorized of upland protection structures and
minor dred
in
to r
b .
liarvesting devices and activities such as

modification. Minor deviations in the
' g
g
emove o
structions
in a water of the US. (Uplands lost as pound nets, crab traps, crab dredging,
eel pots, lobster traps
duck blinds
clam
structure
s configuration or filled area
including those due to changes in a result of a storm, flood, or other
discrete event can be re
laced with
t ,
,
and oyster digging; and small fish
att
ti
d

materials, construction techniques, or p
ou
a Section 404 permit provided the rac
on
evices such as open water
fish concentrators (sea kites
etc
)
This
current construction codes or safety
standards which are necessary to make uplands are restored to their original
pre-event location. This NWP is for the ,
.
.
NWP authorizes shellfish seeding
provided this activity does not occur in
repair, rehabilitation, or replacement are
permitted, provided the adverse activities in waters of the US associated
with the re
lacem
t
f th
l wetlands or sites that support
b

environmental effects resulting from p
en
o
e up
ands.)
The permittee must notify the District su
merged aquatic vegetation (including
sites where submerged aquatic
such repair, rehabilitation, or
replacement are minimal. Currently Engineer, in accordance with General
Condition 13
within 12-
th
f
h vegetation is documented to exist, but

serviceable means useable as is or with ,
mon
s o
t
e
date of the damage and the work must may not be present in a given year.).
This NWP does not authorize artificial
some maintenance, but not so degraded
as to essentially require reconstruction, commence, or be under contract to
continence, within two years of the date reefs or impoundments and semi-
impoundments of waters of the US f

This NWP authorizes the repair,
rehabilitation, or replacement of those
of the damage. The permittee should
provide evidence
su
h or
the culture or holding of motile species
h

structures or fills destroyed or damaged
by storms
floods
fire or oth
di ,
c
as a recent
topographic survey or photographs, to
if suc
as lobster or the use of covered
oyster trays or clarn racks. (Sections 10
,
,
er
screte
events, provided the repair,
rehabilitation
or re
lace
t i just
y the extent of the proposed
restoration. The restoration of the
d and 404)
, 5. Scientific Measurement Devices,
,
p
men
s
commenced, or is tinder contract to amaged areas cannot exceed the
contours, or ordinary high water mark, Devices, whose purpose is to measure
and record scientific data such as staff
commence, within two years of the date
of their destruction or damage. In cases that existed before the damage. The
District En
ineer retains th
i
ht gages, title gages, water recording

of catastrophic events, such as
hurricanes or tornadoes
thi
t g
e r
g
to
determine the extent of the pre-existing
d devices, water quality testing and
improvement devices and similar
,
s
wo-year
limit may be waived by the District
E con
itions and the extent of any
restoration work authorized by this structures. Small weirs and flumes
constructed primarily to record water
ngineer, provided the permittee can
demonstrate funding, contract, or other permit. Minor dredging to remove
obstructions from the adjacent quantity and velocity are also
h

similar delays.
(ii) Discharges of dredged or fill
waterbody is limited to 50 cubic yards
below the plane of the ordinar
hi
h aut
orized provided the discharge is
limited to 25 cubic yards and further for
di
h

material, including excavation, into all
waters of the US to remove accumulat
d y
g
water, mark, and is limited to the sc
arges of 10 to 25 cubic yards
provided the permittee notifies the
e
sediments and debris in the vicinity of, amount necessary to restore the pre-
existing bottom contours of th District Engineer in accordance with the
"
"

and within, existing structures (e.g., e
waterbody, The dredging may not be Notification
General Condition.
(Sections 10 and 404)
.to..

Federal Register/ Vol. 07, No. 10 / "I'uesday, January 15, 2002 /Notices 2079
' G. 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. '['he 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. Outfoll 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 perrnittee notifies the District
Engineer in accordance with General
Condition 13;
b. The amount of excavated or
dredged material must be the minimum
necessary to restore the outfalls, intakes,
small impoundments, and canals to
original design capacities and design
configurations (i.e., depth and width);
c. The excavated or dredged material
is deposited and retained at an upland
site, unless otherwise approved by the
District Engineer under separate
authorization; and
d. Proper soil erosion and sediment
control measures are used to minimize
reentry of sediments into waters of the
us,
The construction of intake structures
is not authorized by this NWP, unless
they are directly associated with an
authorized outfall structure. For
maintenance excavation and dredging to
-remove accumulated sediments, the
notification must include information
regarding the original design capacities
and configurations of the facility and
e presence of special aquatic sites
e.g., vegetated shallows) in the vicinity
of the proposed work. (Sections 10 and
40.1)
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
D01, 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
cesignated, 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, mooring buoys. (Section 10)
11. Ternporory 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,
maintenance, or repair of utility lines,
including outfall and intake shuctures
and the associated excavation, backfill,
or bedding for the utility lines, in all
waters of the US, provided there is no
change in [)reconstruction contours. A
"utility line'' is defined as any pipe of
pipeline for the transportation of anv
gaseous, liquid, liquescent, or slurry
substance, for any purpose, and an),
cable, line, or wire for the transmission
for any purpose of electrical energy,
telephone, and telegraph messages, and
radio and television communication
(set; Note 1, below). Material resulting
from trench excavation may be
temporarily sidecast (tip to three
months) into waters of the US, provided
that the material is not placed in such
a nianner that it is dispersed by currents
or other forces. The District Engineer
may extend the period of temporary side
casting not to exceed a total of 180 davs,
where appropriate. In wetlands, the top
W' 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 clay
blocks to ensure that the trench does not
drain the waters of the US through
which the utility line is installed. Any
exposed slopes and stream banks must
be stabilized immediately upon
completion of the utility line crossing of
each waterbody.
(ii) Utility line substations; The
construction, maintenance, or
expansion of a substation facility
associated with a power line or utility
line in non-tidal waters of the US,
excluding non-tidal wetlands adjacent
to tidal waters, provided the activity
does not result in the loss of greater than
r/z-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 the construction and
maintenance of utility lines, including
overhead power lines and utility line
substations, in non-tidal waters of the
US, excluding non-tidal wetlands
adjaccut to tidal waters, provided the
discharges do not cause the loss of
greater than 'h-acre of non-tidal waters
of the LIS, Access roads shall be the
minimum width necessary (see Note 2,
below). Access roads must be
constructed so that the length of tht;
road minimizes the adverse effects on
waters of the US and as near as possible
to preconstrtiction contours and

20f3O
Federal Register / Vol. 67, No. 10/Tuesday, January
15, 2002/Notices
elevations (e.g., at grade corduroy roads
or geotextile/gravel roads). Access roads (c) The utility line in waters of the
US, excluding overhead lines
e
d expected high flows (properly anchored

constructed above preconstruction ,
xcee
s
500 feet; trees and treetops may be used in low

contours and elevations in waters of the
(of) The utility line is placed within a energy areas); aud,
g. The activity is part of a singly
mid
US must be properly bridged or
culverted to maintain surface flows, jurisdictional area (i.e., water of the US)
and it runs parallel to a stream bed that ,
, complete project,
Bank stabilization activities in excess
The term "utility line" does not is within that jurisdictional area; of 500 feet in length or greater than an
include activities which drain a water of (e) Discharges associated with the average of one cubic yard per running
the US, such as drainage tile, or french construction of utility line substations foot may be authorized if the permittee
drains; however, it does apply to pipes that result in the loss of greater than vt„- notifies the District Engineer in
conveying drainage from another area,
For the purposes of this NWP
the loss acre of. waters of the US; or
(f) Permanent access roads accordance with the "Notification"
,
of waters of the US includes the filled
constructed above grade in waters of the General Condition 13 and the District
Engineer determines the activit

area plus waters of the US that are
US for a distance of more than 500 feet. y
complies with the other terms and
adversely effected b flooding,
by °
excavation
or draina
e as a result of th (g) Permanent access roads

constructed in waters of the US with
conditions of the NWP and the adverse
,
g
e
project. Activities authorized by
impervious materials. (Sections 10 and environmental effects are minimal both

individually and cumulatively
This
paragraph (i) through (iv) may not
exceed a total of 112.-acre loss of waters 404)
Note 1: Overhead utility lines constructed .
NWP may not be used for the
channelization of waters of the US

of the US. Waters of the US temporarily

affected by filling
floodin
excavation
over Section 10 waters and utility lines that
are routed in or under Section 10 waters .

(Sections 10 and 404)
Li
,
g,
,
or drainage, where the project area is
restored to preconstruction contours without a discharge of dredged or fill
material require a Section 10 permit; except
f
i 114.
near Transportation Projects.
Activities required for the construction,
i

and elevation, is not included in the or p
pes or pipelines used to transport
gaseous, liquid, liquescent, or slurry expans
on, modification, or
improvement of linear transportation
calculation of permanent loss of waters substances over navigable waters of the US, crossings (e.g., highways, railways

of the US. This includes temporary
which are considered to be bridges, not ,
trails, airport runways, and taxiways) in
construction mats (e.g., timber, steel,
geotextile) used durin
construction and utility lines, and may require a permit from
the USCG pursuant to section 9 of the Rivers waters of the US, including wetlands, if
h
g

removed upon completion of the work.
and Harbors Act of 1899. flowever, any
discharges of dredged or fill material t
e activity meets the following criteria:
a. This NWP is subject to the
Where certain functions and values of associated with such pipelines will require a following acreage limits:
waters of the US are permanently Corps permit under Section 404. (1) For linear transportation projects
adversely affected, such as the Note 2: Access roads used for both in non-tidal waters, provided the
conversion of a forested wetland to a construction and maintenance may be discharge does not cause the loss of
herbaceous wetland in the permanently authorized, provided they meet the terms and greater than'/2-acre of waters of the US;
maintained utility line right-of-way, conditions of this NWP. Access roads used (2) For linear transportation projects
mitigation will be required to reduce the solely for construction of the utility line must in tidal waters, provided the discharge
adverse effects of the project to the be removed upon completion of the work and does riot cause the loss of greater than
minimal level. the area restored to preconstruction contours,
elevations
and wetland conditio 16-acre of waters of the US.
Mechanized land clearin° necessar
° y ,
ns.
Temporary access roads for construction ma b. The permittee roust notify the

for the construction, maintenance, or y
be authorized by NWP 33.
District Engineer in accordance with
repair of utility lines and the
construction, maintenance and
Note 3: Where the proposed utility line is General Condition 13 if any of the
following criteria are met:

expansion of utility line substations, constructed or installed in navigable waters
of the US (i.e., Section 10 waters), copies of (1) 'I'he discharge causes the loss of
°
foundations for overhead utility lines, the PCN and NWP verification will be sent greater than /,o-acre of waters of the CIS;
and access roads is authorized, provided by the Corps to the National Oceanic and 01
the cleared area is kept to the minimum Atmospheric Administration (NOAH), (2) 'T'here is a discharge in a special
necessary and pre'constructiort contours National Ocean Service (NOS), for charting aquatic Site, including wetlands;
are maintained as near as possible. The
the utility lice to protect navigation.
• c. The notification most include a
area of waters of the US that is filled, •13. Bunk Stabilization. Bank compensatory iitigation proposal to
excavated, or flooded roust be limited to stabilization activities necessary for offset permanent losses of waters of the
the mininiun necessary to construct the erosion prevention provided the activity US to ensure that those losses result
utility line, substations, foundations, uteets all of the following criteria: only in minimal adverse effects to the
and access roads. Excess material must a. No material is placed more than the aquatic environment and a statenu;nt
be removed to upland areas minimum needed for erosion protection; describing how temporary losses will be
immediately upon completion of b. The bank stabilization activity is ntininlized to the maximurn extent
construction. 'I'bis NWP may authorize

util
utility lines in or affecting navigable
b
o
ti loss than 1;00 feet in length;
C. The activity will not exceed an practicable;

d
. For discharges in special aquatic
waters the
there is 1
even averu"e of one cubic yard per rtutuin'; sites, including wetlands, and stream
associated discharge of dredged or fill foot placed along the bank below the riffle and pool complexes, the
material (See 33 CFR part 322). plane of the ordinary high water mark notification roust include a delineation

Notification: The permittee roust or the high tide line;
d. No material is placed in any special of the affected special ac untie sites;
e. The width of the fill is limited to
notify the District Engineer in
accordance with General Condition 13 aquatic site, including wetlands; the utininium necessary for the crossing;
,
if any of the following criteria are met: e. No material is of the type, or is
placed in any location
or in an f. This permit does not authorize
stream channelization
a
d th

(a) Mechanized land clearing in a
forested wetland for the utility line ,
y
manner, to impair surface water flow
i
t ,
n
e
authorized activities must not cause

right-of-way; n
o or out of any wetland area;
f more than minimal changes to the

(b) A Section 10 permit is required; . No material is placed in a manner
that will be eroded b
no
l hydraulic flow characteristics of the
y
rma
or stream, increase flooding, or cause more
Federal Register / Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2081
than minimal degradation of water
quality of any stream (see General
Conditions 9 and 21);
g. This permit cannot be used to
authorize non-linear features commonly
associated with transportation projects,
such as vehicle maintenance or storage
buildings, parking lots, train stations, or
aircraft hangars; and
h. The crossing is a single and
complete project for crossing waters of
the US. Where a road segment (i.e., the
shortest segment of a road with
independent utility that is part of a
larger project) has multiple crossings of
streams (several single and complete
projects) the Corps will consider
whether it should use its discretionary
authority to require an Individual
Permit. (Sections 10 and 404)
Note: Some discharges for the construction
of farrn roads, forest roads, or temporary
roads for moving mining equipment may be
eligible for an exemption from the need for
a Section 404 permit (see 33 CFR 323.4).
• 15. U.S. Coast Guard Approved
Bridges. Discharges of dredged or fill
material incidental to the construction
of bridges across navigable waters of the
US, including cofferdams, abutments,
foundation seals, piers, and temporary
construction and access fills provided
such discharges have been authorized
by the USCG as part of the bridge
permit. Causeways and approach fills
are not included in this NWP and will
require an individual or regional
Section 404 permit. (Section 404)
16. Return Water From Upland
Contained Disposal Areas. Return water
from upland, contained dredged
material disposal area. The dredging
itself may require a Section 404 permit
(33 CFR 323.2(d)), but will require a
Section 10 permit if located in navigable
waters of the US. The return water from
a contained disposal area is
administratively.defined as a discharge
of dredged material by 33 CFR 323.2(d),
even though the disposal itself occurs
on the upland and does not require a
Section 404 permit. This NW11 satisfies
the technical requirement for a Section
404 permit for the return water where
the quality of the return water is
controlled by the state through the
Section 401 certification procedures.
(Section 404)
- 17. Hydropower Projects. Discharges
of dredged or fill material associated
with (a) small hydropower projects at
existing reservoirs where the project,
which includes the fill, are licensed by
the Federal Energy Regulatory
Commission (FERC) under the Federal
Power Act of 1920, as amended; and has
a total generating capacity of not more
than 5000 k1V; and the permittee
notifies the District Engineer in
accordance with the ''Notification''
General Condition; or (b) hydropower
projects for which the FERC has granted
an exemption from licensing pursuant
to section 408 of the Energy Security
Act of 1980 (16 U.S.C. 2705 and 2708)
and section 30 of the Federal Power Act,
as amended; provided the permittee
notifies the District Engineer in
accordance with the ''Notification''
General Condition. (Section 404)
18.. Minor Discharges. Minor
discharges of dredged or fill material
into all waters of the US if the activity
meets all of the following criteria:
a. The quantity of discharged material
and the volume of area excavated do not
exceed 25 cubic yards below the plane
of the ordinary high water mark or the
high tide line;
b. The discharge, including any
excavated area, will not cause the loss
of more than 'ho-acre of a special
aquatic site, including wetlands. For the
purposes of this NWP, the acreage
limitation includes the filled area and
excavated area plus special aquatic sites
that are adversely affected by flooding
and special aquatic sites that are
drained so that they would no longer be
a water of the LIS as a result of the
project;
c. If the discharge, including any
excavated area, exceeds 10 cubic yards
below the plane of the ordinary high
water mark or the high tide line or if the
discharge is in a special aquatic site,
including wetlands, 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 (also
see 33 C:FR 330.1(e)); and
d. The discharge, including all
attendant features, both temporary and
permanent, is part of a single and
complete project and is not placed for
the purpose of a stream diversion.
(Sections 10 and 404)
19. Minor Dredging. Dredging of no
more than 25 cubic yards below the
plane of the ordinary high water mark
or the mean high water mark froin
navigable waters of the US (i.e., Section
10 waters) as part of a single and
complete project. This NWP does not
authorize the dredging or degradation
through siltation of coral reefs, sites that
support submerged aquatic vegetation
(including sites where submerges(
aquatic: vegetation is documented to
exist, but may not be present in a given
year), anadronrous fish spawning areas,
or wetlands, or the connection of canals
or other artificial waterways to
navigable waters of the US (see 33 CFR
322.5(-)). (Sections 10 and 404)
20. Gil Spill Cleanup. Activities
required for the containment and
cleanup of oil and hazardous substances
which are subject to the National Oil
and Ilazardous Substances PDllution
Contingency Plan (40 CFR part 300)
provided that the work is done in
accordance with the Spill Control and
Countermeasure Plan required by 40
CFR 112.3 and any existing state
contingency plan and provided that the
Regional Response Team (if one exists
in the area) concurs with the proposed
containment and cleanup action.
(Sections 10 and 404)
21. Surface Coal ;dining Activities.
Discharges of dredged or fill material
into waters of the US associated with
surface coal 'mining and reclamation
operations provided the coal mining
activities are authorized by the DOI,
Office of Surface Mining (OSM), or by
states with approved programs under
Title V of the Surface Mining Control
and Reclamation Act of 1977 and
provided the permittee notifies the
District Engineer in accordance with the
''Notification" General Condition. In
addition, to be authorized by this NWP,
the District Engineer must determine
that the activity complies with the terms
and conditions of the NWP and that the
adverse environmental effects are
minimal both individually and
cumulatively and must notify the
project sponsor of this determination in
writing. The Corps, at the discretion of
the District Engineer, may require a
bond to ensure success of the
mitigation, if no other Federal or state
agency has required one. For discharges
in special aquatic sites, including
wetlands, and stream riffle and pool
complexes, the notification must also
include a delineation of affected special
aquatic sites, including wetlands. (also,
see 33 CFR 330.1(e))
Mitigation: In determining the need
for as well as the level and type of
mitigation, the District Engineer will
ensure no more than rninimal adverse
effects to the aquatic environment
occur. As such, District Engineers will
determine on a case-by-case basis the
requirement for adequate mitigation to
ensure the effects to aquatic systems are
minimal. In cases where OSM or the
slate has required mitigation for the loss
of aquatic habitat, the Corps may
consider this in determining appropriate
mitigation under Section 404. (sections
10 and 40.1)
22. Removal of Vessels. Temporary
structures or minor discharges of
dredged or fill material required for the
removal of wrecked, abandoned, or
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 removal of
vessels listed or determined eligible for
listing on the National Register of
Historic Places unless the District
Engineer is notified and indicates that
there is compliance with the "Historic
Properties'' General Condition. This
NWP does not authorize maintenance
dredging, shoal removal, or riverbank
snagging. Vessel disposal in waters of
the US may need a permit from EPA
(see 40 CFR 229.3), (Sections 10 and
404)
23. Approved Categorical Exclusions.
Activities undertaken, assisted,
authorized, regulated, funded, or
financed, in whole or in part, by anothe
Federal agency or department where
that agency or department has
determined, pursuant to the Council on
Environmental Quality Regulation for
Implementing the Procedural Provisions
of the National Environmental Policy
Act (NEPA) (40 CFR part 1500 et seq.),
that the activity, work, or discharge is
categorically excluded from
environmental documentation, because
it is included within a category of
actions which neither individually nor
cumulatively have a significant effect on
the human environment, and the Office
of the Chief of Engineers (ATTN: CECW-
OR) has been furnished notice of the
agency's or department's application for
the categorical exclusion and concurs
with that determination. Before
approval for purposes of this NWP of
any agency's categorical exclusions, the
Chief of Engineers will solicit public
continent. In addressing these
comments, the Chief of Engineers may
require certain conditions for
authorization of an agency's categorical
exclusions under this NWP. (Sections
10 and 404)
24. State Administered Section 404
Program. Any activity permitted by a
state administering its own Section 404
permit program pursuant to 33 U.S.C.
1344(8)-(1) is permitted pursuant to
section 10 of the Rivers and Harbors Act
of 1899. Those activities that do not
involve a Section 404 state permit are
not included in this NWP, but certain
structures will be exempted by section
154 of Pub. L. 94-587, 90 Stat. 2917 (33
U.S.C. 591) (see 33 CFR 322.3(x)(2)).
(Section 10)
25. Structural Discharges. Discharges
of material such as concrete, sand, rock,
etc., into tightly sealed forms or cells
where the material will be used as a
structural member for standard pile
supported structures, such as bridges,
transmission line footings, and
walkways or for general navigation,
such as mooring cells, including the
excavation of bottom material front
within the form prior to the discharge
f concrete, sand, rock, etc. This NWP
does not authorize filled structural
members that would support buildings,
building pads, homes, house pads,
parking areas, storage areas and other
such structures. The structure itself ma
require a Section 10 permit if located in
navigable waters of the ITS. (Section
404)
26. [Keservedl
27. Stream and Wetland Restoration
Activities. Activities in waters of the US
associated with the restoration of forme
waters, the enhancement of degraded
tidal and non-tidal wetlands and
riparian areas, the creation of tidal and
r non-tidal wetlands and riparian areas,
and the restoration and enhancement of
non-tidal streams and non-ticial open
water areas as follows:
(a) The activity is conducted on:
(1) Non-Federal public lands and'.
private lands, in accordance with the
terms and conditions of a binding
wetland enhancement, restoration, or
creation agreement between tine
landowner and the U.S. Fish and
Wildlife Service (FWS) or the Natural
Resources Conservation Service (NRCS),
the National Marine Fisheries Service,
the National Ocean Service, or
voluntary wetland restoration,
enhancement, and creation actions
documented by the NRCS pursuant to
NRCS regulations; or
(2) Reclaimed surface coal mine
lands, in accordance with a Surface
Mining Control and Reclamation Act
permit issued by the OSM or the
applicable state agency (the future
reversion does not apply to streams or
wetlands created, restored, or enhanced
as mitigation for the mining impacts,
nor naturally clue to hydrologic or
topographic features, nor for a
mitigation bank); or
(3YAny other public, private or tribal
lands;
(b) Notification: For activities on any
public or private land that are not
described by paragraphs (a)(1) or (a)(2.)
above, the permittee must notify the
District F;n,aineer in accordance with
General Condition 13; and
(c) Planting of only native species
should occur on the site.
Activities authorized by this MVP
include, to the extent that a Corps
permit is required, but are not limited
to: the removal of accumulated
sediments; the installation, removal,
and maintenance of small water control
structures, dikes, and bernis; the
installation of current deflectors; the
enhancement, restoration, or creation of
riffle and pool stream structure; the
placement of in-stream habitat
structures; modifications of the stream
of bed and/or banks to restore or create
stream meanders; the backfilling of
artificial channels and drainage ditches;
the removal of existing drainage
structures; the construction of small
nesting islands; the construction of open
y water areas; the construction of oyster
i habitat over unvegetated bottom in tidal
waters; activities needed to reestablish
vegetation, including plowing or discing
for seed bed preparation and the
planting of appropriate wetland species;
mechanized land clearing to remove
r' non-native invasive, exotic or nusiance
vegetation; and other related activities.
This NWP does not authorize the
conversion of a stream to another
aquatic use, such as the creation of an
impoundment for waterfowl habitat.
This NWP does not authorize stream
channelization. This NWP does not
authorize the conversion of natural
wetlands to another aquatic use, such as
creation of waterfowl impoundments
where a forested wetland previously
existed. However, this NWP authorizes
the relocation of non-tidal waters,
including non-tidal wetlands, on the
project site provided there are net gains
in aquatic resource functions and
values. For example, this NWP may
authorize tine creation of an open water
impoundment in a non-tidal emergent
wetland, provided the non-tidal
emergent wetland is replaced by
creating that wetland type on the project
site. This NWP does not authorize the
relocation of tidal waters or the
conversion of tidal waters, including
tidal wetlands, to other aquatic uses,
such as the conversion of tidal wetlands
into open water impoundments.
Reversion. For enhancement,
restoration, and creation projects
conducted under paragraphs (a)(3), this
NWP does not authorize any future
discharge of dredged or fill material
associated with the reversion of the area
to its prior condition. In such cases a
separate permit would be required for
any reversion. For restoration,
enhancement, and creation projects
conducted under paragraphs (a)(1) and
(a)(2), this NWP also authorizes any
future discharge of dredged or fill
material associated with the reversion of
the area to its documented prior
condition and use (i.e., prior to the
restoration, enhancement, or creation
activities). The reversion must occur
within five years after expiration of a
limited term wetland restoration or
creation agreement or permit, even if the
discharge occurs after this NWP expires.
This NWP also authorizes the reversion
of wetlands that were restored,
enhanced, or created on prior-converted
cropland that has not been abandoned,
in accordance with a binding agreement

Federal Register / Vol. 57, No. 10 /'T'uesday, January 15, 2002/Notices 2083
between the landowner and NRCS or
F'WS (even though the restoration,
enhancement, or creation activity did
not require a Section 404 permit). The
five-year reversion limit does not apply
to agreements without tirne limits
reached under paragraph (a)(1). The
prior condition will be documented in
the original agreement or permit, and
the determination of return to prior
conditions will be made by the Federal
agency or appropriate state agency
executing the agreement or permit.
Before any reversion activity the
permittee or the appropriate Federal or
state agency must notify the District
Engineer and include the
documentation of the prior condition.
Once an area has reverted to its prior
physical condition, it will be subject to
whatever the Corps Regulatory
requirements will be at that future date.
(Sections 10 and 404)
Note: Compensatory mitigation is not
required for activities authorized by this
NWP, provided the authorized work results
in a net increase in aquatic resource
functions and values in the project area. This
MNP can be used to authorize compensatory
mitigation projects, including mitigation
banks, provided the permittee notifies the
District Engineer in accordance with General
Condition 13, and the project includes
compensatory mitigation for impacts to
waters of the US caused by the authorized
work. However, this NWP does not authorize
the reversion of an area used for a
compensatory mitigation project to its prior
condition. NWP 27 can be used to authorize
impacts at a mitigation bank, but only in
circumstances where it has been approved
under the Interagency Federal Mitigation
Bank Guidelines.
28, Modifications of Existing Marinas.
Reconfiguration of existing docking
facilities within an authorized marina
area. No dredging, additional slips, dock
spaces, or expansion of any kind within
waters of the US. is authorized by this
NWP. (Section 10)
29. Single-fornily 11ousing. Discharges
of dredged or fill material into non-tidal
waters of the US, including non-tidal
wetlands for the construction or
expansion of a sing le-family home and
attendant features (such as a garage,
driveway, storage shed, and/or septic
field) for an Individual Permittee
provided that the activity meets all of
the following criteria:
a. 'T'he discharge does not cause the
loss of more than IA-acre of nori-ticial
waters of the US, including non-ticlal
wetlands;
b. The permittee notifies the District
Engineer in accordance with the
''Notification" General Condition;
C. The permittee has taken all
practicable actions to Minimize the on-
site and off-site impacts of the
clischarsle. For example, the location of
the home may need to be adjusted on-
site to avoid flooding of adjacent
property owners;
d. The discharge is part of a single
and complete project; furthermore, that
for any subdivision created on or after
November 22, 1991, the discharges,
authorized under this NWP may not
exceed an aggregate total loss of waters
of the Uso f V,-acre for the entire
subdivision;
e. Ail individual may use this NWP
only for a single-family home for a
personal residence;
f. This NWP may be used only once
per parcel;
g. This NWP may not be used in
conjunction with NWP 14 or NWP 18,
for any parcel; and,
h. Sufficient vegetated buffers must be
maintained adjacent to all open water
bodies, strearns, etc., to preclude water
quality degradation due to erosion and
sect imentation.
For the purposes of this NWP, the
acreage of loss of waters of the US
includes the filled area previously
permitted, the proposed filled area, and
any other waters of the US that are
adversely affected by flooding,
excavation, or drainage as a result of the
project. This NWP authorizes activities
only by individuals; for this purpose,
the term ''individual" refers to a natural
person and/or a married couple, but
does not include a corporation,
partnership, or similar entity. For the
purposes of this NWP, a parcel of land
is defined as ''the entire contiguous
quantity of land in possession of,
recorded as property of, or owned (in
any form of ownership, including land
owned as a partner, corporation, joint
tenant, etc.) by the same individual
(and/or that individual's spouse), and
comprises not only the area of wetlands
sought to be filled, but also all land
contiguous to those wetlands, owned by
the individual (and/or that individual's
spouse) in any form of ownership."
(Sections 10 and 404)
30. Moist Soil Manocoment fol•
I'Vildlife. Discharges of dredged or fill
material and maintenance activities that
are associated with moist soil
management for wildlife performed on
nou-ticlal Federally-owned or managed,
state-owned or managed property, and
local government agency-owned or
managed property, for the purpose of
continuing ongoing, site-specific,
wildlife management activities where
soil nuulipulation is used to ntana";e
habitat and feeding areas for wildlife.
Such activities include, but are not
limited to: The repair, maintenanco or
replacement of existing water control
structures; the repair or maintenance of
dikes; and plowing or discing to impede
succession, prepare seed beds, or
establish fire breaks. Sufficient
vegetated buffers must be maintained
adjacent to all open water bodies,
streams, etc., to preclude water quality
degradation clue to erosion and
sedimentation. This NWP does not
authorize the construction of new dikes,
roads, water control structures, etc.
associated with the management areas.
This NWP does not authorize converting
wetlands to uplands, impoundments or
other open water bodies. (Section 404)
31. Maintenance of Existing Flood
Control Facilities. Discharge of dredge
or fill material resulting from activities
associated with the maintenance of
existing flood control facilities,
including debris basins, retention/
detention basins, and channels that
(i) were previously authorized by the
Corps by Individual Permit, General
Permit, by 33 CFR 330.3, or did not
require a permit at the time it was
constructed, or
(ii) were constructed by the Corps and
transferred to a non-Federal sponsor for
operation and maintenance. Activities
authorized by this NWP are limited to
those resulting from maintenance
activities that are conducted within Lre
"maintenance baseline," as described in
the definition below. Activities
including the discharges of dredged or
fill materials, associated with
maintenance activities in flood control
facilities in any watercourse that has
previously been determined to be
within the maintenance baseline, are
authorized under this NWP. The NWP
does not authorize the removal of
sediment and associated vegetation from
the natural water courses except to the
extent that these have been included in
the maintenance baseline. All dredged
material must be placed in an upland
site or an authorized disposal site in
waters of the US, and proper siltation
controls must be used: (Activities of any
kind that result in only incidental
fallback, or only the cutting and
removing of vegetation above the
ground, e.g., mowing, rotary cutting,
and chainsawing, where the activity
neither substantially disturbs the root
system nor involves mechanized
pushing, dragging, or other similar
activities that redeposit excavated soil
Material, do not require a Section 401
permit in accordance with 33 CFR
323.2(d)(2)).
Notification: After the maintenance
baseline is established, and before any
maintenance work is conducted, the
permittee must notify the District
Engineer in accordance with the
"Notification" General Condition. The
notification may be for activity-specific
?t
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 the physical
characteristics of the 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 BMPs
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 CPR 330.5.
Except in emergencies as described
below, this NW-1 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.
hfitigation: The District Engineer 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-time 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.
I Iowever, 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. In 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 tidal wetlands;
b. The settlement agreement provides
for environmental benefits, to an equal
or greater degree, than the
environmental detriments caused by the
unauthorized activity that is autlorized
by this NVVP; anti
c. The District Engineer issues a
verification letter authorizing the
activity subject to the terms and
conditions of this NWP 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 an
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
agreement 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 o'f 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. 119jj, to the
extent that a Cor,p s permit is required.
F'or either (i), (ii) or (iii) above,
compliance is a condition of the NWP
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 agreement that are not for the
purpose of mitigation, restoration, or
environmental benefit. Before reaching
any settlement agreement, the 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 Decvatering. Temporary 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 Eligineers 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 minimize
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 ou aquatic; resources.
Federal Register/Vol. 67, No. 10/1'uesday, Januarv 15, 2002/Nntices 9nat;
Temporary fill must be entirely removes
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 total acreage of
disturbance per cranberry production
operation, including but not limited to,
filling, flooding, ditching, or clearing,
does not exceed 10 acres of waters of the
U.S., including wetlands;
b. The permittee notifies the District
Engineer in accordance with the
"Notification" General Condition. The
notification must include a delineation
of affected special aquatic sites,
including wetlands; and,
c. Tire 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 he measured over the period that
this NWP is valid. (Section 404)
35. Mointenance Dredging of Existing
Rosins. Excavation and removal of
acaunulated sediment for maintenance
of existing marina basins, access
channels to marinas or boat slips, and
boat slips to previously authorized
depths or controlling depths for ingress/
egress, whichever is less, provided the
I dredged material is disposed of at an
upland site and proper siltation control
are used. (Section lo)
36. Boot 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 NW}', Regional General
Permit, or Individual Permit may
authorize dredging to provide access to
the boat ramp after obtaining a Section
10 if located in navigable waters of the
U.S. (Sections 10 and 404)
37. Emergency Watershed Protection
and Rehabilitation. Work done by or
funded 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
(FSH 509.13); or
c. The DOI for wildland fire
management burned area emergency
stabilization and rehabilitation (DOI
Manual part 620, Ch. 3).
For all of the above provisions, the
District Engineer must be notified in
accordance with the General Condition
13. (Also, see 33 CFR 330.1(e)).
(Sections 10 and 404)
38. Cleanup of Hazardous and Toxic
Waste, Specific activities required to
effect the containment, stabilization, or
removal of hazardous or toxic waste
materials that are performed, ordered, or
sponsored by a government agencv with
established legal or regulatory authority
provided the permittee notifies the
District Eli-ineer in accordance with the
"Notification" General Condition. For
discharges in special aquatic sites,
including wetlands, the notification
roust also include a delineation of
affected special aquatic sites, including
wetlands. Court ordered remedial action
plans or related settlements are also
authorized by this NWP. This NWP does
not authorize the establishment of new
disposal sites or the expansion of
existing sites used for the disposal of
hazardous or toxic waste. Activities
s undertaken entirely on a
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) site by authority of
CERCLA as approved or required by
EPA, are not required to obtain permits
under section 404 of the CWA or section
10 of the Rivers and Harbors Act.
(Sections 10 and 404)
39. Residential, Commercial, and
Institutional Developments. Discharges
of dredged or fill material into non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters, for the
construction or expansion of residential,
commercial, and institutional building
foundations and building pads and
attendant features that are necessary for
the use and maintenance of the
structure's. Attendant features may
include, but are not limited to, roads,
parking lots, garages, yards, utility lines,
stormwater management facilities, and
recreation facilities such as
playgrounds, playing fields, and golf
courses (provided the golf course is an
integral part of the residential
development). The construction of new
ski areas or oil and gas wells is not
authorized by this NMI.
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-tidal
wetlands adjacent to tidal waters;
b. Tire 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 VIo-acre of non-tidal waters
of the US, excluding non-tidal wetlands
adjacent to tidal waters; or
2056 Federal Register/Vol. 67, No. 10/1'uesday, January 15, 2002/Notices
(2) The discharge causes the loss of of any compensatory rnitigation used to include the installation, placement, or
any open waters, including perennial or offset the loss of waters of the US (e

intermittent streams, below the ordinar
hi-h water mark (see Note
helow)
or .g.,
y ?/iz-acre of emergent wetlands created construction of drainage tiles, ditches,
or levees; mechanized land clearing;
,
;
) 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
d
,
ntermittent stream bed. In such case, to
permittee will establish and maintain,
be authorized the District Engineer must the maximum extent practicable acwaters of the US; and similar
to activities, provided the permittee

determine that t}re activity complies ,
wetland or upland vegetated buffer complies with the following terms aril
with the other terms and conditions of
the NWP, determine adverse s
next to those open waters or streams conditions:
a• For discharges into non-tidal
environmental effects are minimal both consistent with General Condition 19.
Deed restrictions
conservati
wetlands t
improve agricultural
individually and cumtrlativel and
cumulatively,
waive the limitation on stream im
acts ,
on
easements, protective covenants, or ,
production, the following criteria must
be met if the perm ittee is g an Unit
d
p
in writing before the permittee may
proceed; other means of land conservation and
preservation are required to protect and e
States Department of Agriculture
(USDA) Pro
ram
artici
t

d. For discharges in special aquatic maintain the vegetated buffers
established on th g
p
pan
:
The permittee must obtain a
sites, including wetlands, the
notification must include a delineation e project site.
Only residential, commercial, and
i
ti cate to
gorical minimal effects exemption,
minimal effect exemption
or miti
ati

of affected special aquatic sites;
e. The discharge is part of a single and
ns
tutional activities with structures
on the foundation(s) or building ads , ,
g
on
exemption from NRCS in accordance
with the provisions of the Food S
P
i

complete project;
f. The permittee must avoid
d as well as the attendant feature, are
authorized by this NWP. The ecur
ty
Act of 198 , as amended (16 U.S.C. 3x01
an

mini
mirrirnize discharges into waters of the
US at
the project site to the maxi
compensatory mitigation proposal that

is required in paragraph (e) of this NWP et seq.);
(2) The discharge into non-tidal
mum
extent practicable: The notification,
when required
must include a w
itt
may be either conceptual or detailed.
The wetland or upland vegetated buffer wetlands does not result in the loss of
greater than 1/2-acre of non-tidal
,
r
en
statement explaining how avoidance
and minimization of losse
f
t
f
m
t
required in paragraph (i) of this NWP
will be determined on a case-by-case wetlands on a farm tract;

The permittee must have NKCS
s o
wa
ers o
the
were achieved on the wa
er
pro 1
sit
C
basis by the District Engineer for
addressing water
ualit
h certified wetland delineation;

(4) The permittee must implement an
e.
ompensatory mitigation will
normally be required to offset the losses q
y concerns. T
e
required wetland or upland vegetated NRCS approved compensatory

of waters of the US. See General
( buffer i
is part of the overall

com
t mitigation plan that fully offsets

wetland losses, if required; and
Condition 19.) The notification must

also include a com
ensator
miti
ti pensa
ory mitigation requirement
for this NWP. If the project site was
(5) The permittee must submit a
p
y
ga
on
proposal for offsetting unavoidable
al
id
previously used for ag
ricultural report, within 30 days of completion of

the authorized work
to the Di
t
i
t
losses
waters of the US. If
applicant asserts that the adverse eff
t purposes and the farm owner/operator
used NWP 40 to authorize activities in ,
s
r
c
Engineer that contains the following
ec
s
of the project are minimal without
waters of the US to increase production
or
t
f information: (a) The name, address, and
telephone number of the
ermittee
(b)
mitigation, then the applicant may
submit justification explainin
wh cons
ruct
arm buildings, NW1' 39
cannot be used by the developer to p
;
The location of the work; (c) A
d
g
y
compensatory mitigation should not be
authorize additional activities. This is escription of the work; (d) The type

a
d

required for the District Engineer's
more than the acreage limit for NWP 39
i n
acreage (or square feet) of the loss
of wetlands (e
1h acre
f

consideration,
g. When this NWP is used in
mpacts to waters of the the
combined acreage loss authorized under .g.,
o
emergent
wetlands); and (e) The type, acreage (or

conjunction with any other NVVP, any
NWI's 39 and 40 cannot exceed '/z-acre, square feet), and location of

combined total permanent loss of waters
of the US exceeding 1/1o-acre re
ui
see General Condition 15).
Subdivisions: For residential compensatory mitigation (e.g. 1h-acre of
emergent wetland on a farm tract;
q
res
that the permittee notify the District
subdivisions, the aggregate total loss of credits purchased from a mitigation

bank); or

Engineer in accordance with General
Condition 13; waters of US authorized by MVP 39 can

not exceed 1/2-acre. This includes any
b. For discharges into non-tidal

h. Any work authorized by this MVP
loss of waters associated with wetlands to improve agricultural

must not cause more than minimal
de
radation
f
t
l de
development of individual subdivision l
lots. (Sections 10 and 404) production, the following criteria must
be met if the permittee is not a USDA
g
o
wa
er qua
ity or more
than minimal changes to the flow Note: Areas where wetland vegetation is Program participant (or a USDA
characteristics of any stream (see not present should be determined by the Program participant for which the
General Conditions 9 and 21); 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

ho-acre or less of waters of the US, the
permittee must submit a re
ort
withi waters of the US based on this criterion
would require a PCN although water is NWP):

(1) The discharge into non-tidal
p
,
n
30 days of completion of the work, to infrequently present in the stream channel
(except for ephemeral waters
whi
h d wetlands does not result in the loss Of

the District Engineer that contains the
f
ll ,
c
o not
require P'CNs). greater than 1/2-acre of non-tidal
wetlands on a farm tract

o
owing information: (1) The name,
address, and telephone number of the
40. Agricultural Activities. Discharges
of dredged or fill material int
tid
l ;
(2) The permittee must notify the
D

permittee; (2) The location of the work;
(3) A description of the work
(4) Th o non-
a
waters of the US, excluding non-tidal
l istrict Engineer in accordance with
General Condition 13, if die discharge
;
e
type and acreage of the loss of waters of
h wet
ands adjacent to tidal waters, for
improving agricultural production aril results in the loss of greater than 1/u,-
acre of 11011-tidal wetl
d

t
e US (e.g.,'/12-acre of emergent
wetlands); and (5) Tile type and acreage
the construction of building pads for
farm buildings
Authorized a
ti
iti an
s;
(3) The notification must include a
.
v
c
es delineation of affected wetlands; and
1
Federal Register/Vol. 67, 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 buildings, the discharge
does not cause the loss of greater than
'/2-acre of non-tidal wetlands that were
in agricultural production prior to
December 23, 1935, (Le., farmed
wetlands) and the perrnittee 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 serviceahle drainage ditches
constructed in non-tidal streams. 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. 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 MVP,
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 NWP. 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 duternrine if the entire
single and complete project is
authorized by this NMI. Discharges of
dredged or fill material into waters of
the US associated with completing
required compensatory mitigation are
authorized by this NWT'. I lowever, total
impacts, including other authorized
impacts under this MVP, may not
exceed the'/2-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
1935, as amended, may be required.
Activities authorized by paragraphs a.
through d. may not exceed a total of 1/2-
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 MVP 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 1/2-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
roust 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 furces. The District Engineer
may extend the period of temporary
sidecasting not to exceed a total of 130
clays, where appropriate. In general, this
N1VP 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 CFP,
323.4(a)(3)). This NIvVP 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 MVP 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;
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 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 perrnittee may
proceed;
d. For discharges causing fire loss of
greater than 1/10-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. 1'he discharge is part of a single and
complete project; and
g. Compensatory 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 greater than 1/z-acre of non-tidal waters that are exempt from Section 404 permit
term "recreational facility" is defined as of the US, excluding non-tidal wetl
d

a recreational activity that is integrated
into the natural landscape and does not an
accent to tidal waters;
b. The discharge does not cause th s re uirements);
7. The
avoid
e
a
t

substantially change preconstruction
grades or deviate from nat
l l
d e
loss of greater than 300 linear-feet of a minim
disch
rb s
into
waters of the
US at the project site to the maximum
ura
an
scape stream bed, unless for intermittent
contours, For the purpose of this permit, stream beds this criterion is waived in
the primary function of recreati
l
i
i extent practicable, arid the notification
must include a written statement to the
ona
facilities does not include the use of
moto
hi
l
b wr
t
ng pursuant to a determination by
the District Engineer, as specified District Engineer detailing compliance
with this condition (i
e
wh
th

r ve
c
es,
uildings, or impervious below, that the project complies with al
surfaces. Examples of recreational terms and conditions of this NWP a
d .
.
y
e
l discharge must occur in waters of the

facilities that may be authorized by this n
that any adverse impacts of the project US and why additional minimization

NWP include hiking trails, bike paths,
horse paths, nature centers
and
on th'E aquatic environment are
minimal
both indi
id
ll cannot be achieved);
g. The stormwater management
,
campgrounds (excluding trailer parks).
This NWP may authorize the ,
v
ua
y and
cumulatively;
c. For discharges causing the loss of facility must comply with General
Condition 21 and be designed using

construction or expansion of golf
courses and the expansion of ski areas
greater than 300 linear feet of
intermittent stream beds
the
itt BMPs and watershed protection
techniques. Examples may include
,
provided the golf course or ski area does ,
perm
ee
notifies the District En
ineer in forebays (deeper areas at the upstream

not substantially deviate from natural
landscape contours. Additionally, these g
accordance with the "Notification"
General Condition 13
In such cases
t end of the stormwater management
facility that would be maintained

activities are designed to minimize .
,
o
be authorized the District Engineer must through excavation), vegetated buffers,

adverse effects to waters of the US and
riparian areas through the use of such
determine that the activity complies
with the other terms and conditions of and siting considerations to minimize
adverse effects to aquatic resources.

practices as integrated pest
management, adequate stormwater
the NWP, determine the adverse
environmental effects are minimal both Another example of a BMY would be
bioengineering methods incorporated

management facilities, vegetated buffers,
reduced fertilizer use, etc. The facility
individually and cumulatively, arrd
waive this limitation in w
iti
g b
f into the facility design to benefit water

quality and minimize adverse effects to
must have an adequate water quality r
n
e
ore
the permittee may proceed; o aquatic resources from storm flows,
management plan in accordance with d. The discharges of dredged or fill esp
ecially downstream
the facility,

General Condition 9, such as a
material for the construction of new th
at
to the
maximum
extent
stormwater management facility, to stormwater management facilities in teraqu
practicable,
e, for long term aquatic
ensure that the recreational facility
results in no substantial adverse effects perennial streams is not authorized;
e. For discharges or excavation for the resource protection and enhancement;
h. Maintenance excavation will be in
to water quality. This NWP also construction of new stormwater accordance with an approved
authorizes the construction or management facilities or for the maintenance plan and will not exceed
expansion of small support facilities, maintenance of existing stormwater the original contours
the facility as
such as maintenance and storage
buildings and stables that are directly management facilities causin- the loss
of greater than 'ho acre of non tidal ct
approved and constructed; and
r. The discharge is part of a single and
related to the recreational activity. This
NWP does not authorize other waters, excluding non-tidal wetlands
adjacent to tid
l
t complete project. (Section 44 cha
. Mining Activities. Discharges of

buildings, such as hotels, restaurants,
etc. The construction or expansion of a
wa
ers, provided the
permittee notifies the District Engineer
in accordance with the "Notificati
" dredged or fill material into:
(i) Isolated waters; streams where the

playing fields (e.g., baseball, soccer, or
football fields), basketball and tennis on
General Condition 13. In addition, the
notification must include: annual average flow is 1 cubic foot per
second or less, and non-tidal wetlands

courts, racetracks, stadiums, arenas, and
(1) A maintenance plan. The adjacent to headwater streams, for

the construction of new ski areas are not
maintenance plan should be in aggregate reining (i.e., sand, gravel, and
crushed and broken stone) a
d
authorized by this NWP. (Section 404)
43. StorrnwaterMari agement accordance with state and local
requirements
if any such re
uireme
t n
associated support activities;

Facilities. Discharges of dredged or fill ,
q
n
s
exist; (ii) Lower perennial streams,

material into non-tidal waters of the US,
excluding non-tidal wetlands adjacent
(2) For discharges in special aquatic
sites, including wetlands and excluding wetlands adjacent to lower
perennial streams, for aggregate mining

to tidal waters, for the construction and
maintenance of stormwater management
submerged aquatic vegetation, the
notification must include a delineation activities (support activities in lower
perennial streams or adjacent wetlands

facilities, including activities for the
of affected areas; and are not authorized by this NWP); and/
excavation of stormwater ponds/
facilities, detention basins, and (3) A compensatory mitigation
proposal that offsets the loss of wate or
(iii) Isolated waters and non-tidal

retention basins; the installation and rs
of the US. Maintenance in constructed wetlands adjacent to headwater strearns,
for hard rock/mineral minin
a
ti
iti

maintenance of water control structures,
outfall structures and emergency
areas will not require mitigation
provided such maintenance is g
c
v
es
(i.e., extraction of metalliferous ores

spillways; and the maintenance
dred
in
of existi
t
accomplished in designated from subsurface locations) and
associated support activities, provided
g
g
ng s
ormwater
management ponds/Facilities and maintenance areas and riot within

compensatory mitigation areas i
e
( the discharg g
e meets the followin

detention and retention basins,
provided the activity meets all of the .
.,
District Engineers may designate non-
maintenance areas
normall
at the
criteria:
a. The mined area within waters of
h

following criteria:
a. The discharge for the construction ,
y
downstream end of the stormwater t
e US, plus the acreage loss of waters
of the US resulting from support

of new stormwater management
f management facility, in existing
stormwater management facilities). (No activities, cannot exceed'/1-acre;
b. The permittee must avoid
d
acilities does not cause the loss of mitigation will be required for activities an
minimize discharges into waters of the
Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2nnd
US at the project site to the maximum
extent practicable, and the notification
most include a written statement
detailing compliance with this
condition (i.e., why the discharge most
occur in waters of the US and why
additional minimization cannot be
achieved);
c. In addition to General Conditions
17 and 20, activities authorized by this
permit must not substantially alter the
sediment characteristics of areas of
concentrated shellfish beds or fish
spawning areas. Normally, the
mandated water quality management
plan should address these impacts;
d. The permittee must implement
necessary measures to prevent increases
in stream gradient and water velocities
and to prevent adverse effects (e.g., head
cutting, bank erosion) to upstream and
downstream channel conditions;
e. Activities authorized by this permit
must not result in adverse effects on the
course, capacity, or condition of
navigable waters of the US;
f. The permittee'must use measures to
minimize downstream turbiditv;
g. Wetland impacts must be
compensated through mitigation
approved by the Corps;
h. Beneficiation and mineral
processing for hard rock/mineral training
activities may not occur within 200 feet
of the ordinary high water mark of any
open waterbody, Although the Corps
does not regulate discharges from these
activities, a CWA section 402 permit
may be required;
i. All activities authorized must
comply with General Conditions 9 and
21. Further, the District Engineer may
require modifications to the required
water quality management plan to
ensure that the authorized work results
in minimal adverse effects to water
quality;
j. Except for aggregate mining
activities in lower perennial streams, no
aggregate mining can occur within
stream beds where the average annual
flow is greater than 1 cubic foot per
second or in waters of the US within
100 feet of the ordinary high water mark
of headwater stream segments where the
average annual flow of the stream is
greater than 1 cubic foot per second
(aggregate mining can occur in areas
immediately adjacent to the ordinary
high water mark of a stream where the
average annual flow is 1 cubic foot per
second or less);
k. Single and complete project: The
discharge crust be for a single and
complete project, including support
activities. Discharges of dredged or fill
material into waters of the US for
multiple mining activities on several
designated parcels of a single and
complete, mining operation can be
authorized by this NIVP provided the
V acre limit is not exceeded; and
1. Notification: The permittee most
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
cischarge most 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 witli
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 autLorize 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 NtiVP, 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 NNVP 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 during construction, and all
exposed soil and other fills, as well as
any work below the ordinary high water
mark or high tide line, must be
permanently stabilized at the earliest
practicable date. Permittees are
encouraged to perform work within
waters of the United States during
periods of low-flow or no-flow.
4. Aquatic Life Xfovements. 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 he 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 CFR 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)).
(h) For NWPs 12, 14, 17, 18, 32, 39,
40, 42, 43, and 44, where the state or
tribal 401 certification (either
generically or individually) does not
require or approve water quality
management measures, the permittee
must provide water quality management
measures that will ensure that the
authorized work does not result in more
than minimal degradation of water
quality (or the Corps determines that
compliance with state or local
standards, where applicable, will ensure
no more than minimal adverse effect on
water quality). An important component
of water quality management includes
storrnw•ater 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 /'I'uesclay, January 15, 2002/ Notices
management requirements). Another
important component of water quality endspp.html and http://rvww.,7ffnslgovl written notice from the District or
pr-ot_res/esohome.html respectivel
Di
i
i

management is the establishment and y.
12. Historic Properties. No activity v
s
on Engineer. Subsequently, the
i
'

maintenance of vegetated buffers next t
open waters, including streams (refer to
o which may affect historic properties
listed, or eligible for listin
in the perrn
ttee
s right to proceed under the
NVVP may be modified, suspended, or

General Condition 19 for vegetated
buffer requirements for the NWPs), g,
National Register of Historic Places is
authorized, until the District En
ine revoked only in accordance with the
procedure set forth in 33 CFR

This condition is only applicable to
projects that have the potential to affect g
er
has complied with the provisions of 33
CFR part 325, Appendix C
The 330.5(d)(2).
(b) Contents of Notification: The
water quality. While appropriate
measures must be taken, in most cases .
prospective permittee must notify the
District
Engineer if the authorized
y notification must be writing and
include the following information:
it is not necessary to conduct detailed ,
activity may affect any historic (1) Name, address and telephone
studies to identify such measures or to properties listed, determined to be numbers of the prospective permittee;
require monitoring. eligible, or which the prospective (2) Location of the proposed project;
I0. Coastal Zone Management. In permittee has reason to believe may be descript
ion
the proposed
certain states, an individual state coasta
zone management consistency l eligible for listing on the National
Register of Historic Places, and shall no r
project; the
'
projects purpose; direct and
t indirect adverse environmental effects
concurrence must be obtained or waived begin the activity until notified by the the project would cause; any other
(see Section 330.4(4)). District Engineer that the requirements NWP(s), Regional General Permit(s), or
11. Endangered Species. (a) No of the National Historic Preservation Ac t Individual Permit(s) used or intended to
activity is authorized under any NWP have been satisfied and that the activity be used to authorize any part of the
which is likely to jeopardize the is authorized. Information on the Prop
osed project
any related activity,
continued existence of a threatened or location and existence of historic Sk
etch
es should be provided when
be
endangered species or a species resources can be obtained from the State necessary show that the activity
proposed for such designation
as Historic Preservation Office and the complies with the terms of the NWP
,
identified under the Federal Endangered National Register of Historic Places (see (Sketches usually clarify the project and
Species Act (ESA), or which will 33 CFR 330.4(g)), For activities that may when provided result in a quicker
destroy or adversely modify the critical affect historic properties listed in, or decision.);
habitat of such species. Non federal eligible for listing in, the National (4) For NWPs 7, 12, 14, 18, 21, 34, 38,
permittees shall notify the District Register of Historic Places, the 39, 41, 42, and 43, the PCff must also
Engineer if any listed species or notification must state which historic include a delineation of affected special
designated critical habitat might be property may be affected by the aquatic sites, including wetlands,
affected or is in the vicinity of the proposed work or include a vicinity vegetated shallows (e.g., submerged
project, or is located in the designated map indicating the location of the aquatic vegetation, seagrass beds), and
critical habitat and shall not begin work historic property, riffle and pool complexes (see paragraph
on the activity until notified by the
District Engineer that the requirements 13. Notification.
(a) Timing; where required by the 13(f));
(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 Federallylisted Engineer with a preconstruction design capacities and configurations of
endangered or threatened species or
designated critical habitat
the notification (PCN) as early as possible.
The District Engineer must determine if those areas of the facility where
maintenance dredging or excavation is
,
notification must include the name(s) of th?notification is compl
ete within 30 proposed;
the endangered or threatened species
re p
da s of the date of recei t and can (6) For NWP 14 (Linear
that maybe affected
the proposed request additional information Transportation Crossings), the PCN
work or that utilize the designated
critical habitat that may be affected b
t necessary to make the PCN complete
only once. However, if the prospective must include a compensatory mitigation
proposal to offset permanent losses of
y
the proposed work. Asa result
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
or 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;

sp
ecies conditions the
he WP incomplete and the PCN review process (7) For NWP 21 (Surface Coal Miming
(b) Authorization of
s. b
y by a will not commence until all of the Activities), the PCN must include an

NkVP does not authorize the "take" of a
threatened or endangered species as requested information has been received
by the District Engineer. The Office of Surface Mining (OSM) or state-
approved mitigation plan, if applicable.

defined under the ESA. In the absence prospective permittee shall not begin To be authorized by this NWP, the

of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion the activity:
(1) Until notified in writing by the
D District must determine that
the activity complies with the terms and

with "incidental take" provisions, etc.)
from the USFWS or the NMFS
both istrict Engineer that the activity may
proceed under the NWP with any conditions of the NWP and that the
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
ESA. Information on the location
f District or Division Engineer; or
(2) If notified in writing by the District cumulatively and must notify the
project sponsor of this determination in
o
threatened and endangered species and or Division Engineer that an Individual
P
i
i writing;

their critical habitat can be obtained
directly from the offices of th
USFWS erm
t
s required; or
(3) Unless 45 days have passed from (8) For NWP 27 (Stream and Wetland
Restoration), the PCN must include
e
and NMFS or their world wide web
a
e
t htt
// the District Engineer's receipt of the
complete notification and the documentation of the prior condition of
the site that will be reverted b
the
p
g
s a
p:
wtivrov.fws.covlr9endsppl prospective permittee has not received y
permittee;
Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2091
(9) For MVP 29 (Single-Family
Housing), the PCN must also include: waters of the US or justification
explaining why compensator affected by the proposed work or utilize
h

(i) Any past use of this MVP by the
Individual Permittee and/or the y
mitigation should not be required. For
dischar
es that c
th
l t
e designated critical habitat that may
be affected by the proposed work; and

permittee's spouse;
(ii) A statement that the sin
le-famil g
ause
e
oss of greater
than 300 linear feet of an intermittent (18) For activities that may affect
historic properties listed in, or eligible
g
y
housing activity is for a personal stream bed, to be authorized, the District for listing in, the National Register of
Engineer must determine th
t th
H

residence of the permittee;
(iii) A description of the entire parcel a
e
activity complies with the other terms
d istoric. Places, the PCN must state
which historic property may be affected
,
including its size, and a delineation of an
conditions of the NWP, determine
adverse environmental effects by the proposed work or include a
i
i
i

wetlands. For the purpose of this NWP,
parcels of land measurin
1/4-acre or l are
minimal both individually and v
c
n
ty map indicating the location of
the historic property,
g
ess cumulatively, and waive the limitation
will not require a formal on-site (c) Form of Notification: The standard

delineation. However, the applicant on stream impacts in writing before the
i Individual Permit application form

shall provide an indication of where the
wetlands are and the amount
f perm
ttee may proceed;
(14) For NWP 40 (Agricultural (Form ENG 4345) may be used as the
notification but must clearly indicate
o
wetlands that exists on the property. For
parcels
reater than 1/
i
i Activities), the PCN must include a
compensatory mitigation proposal to that it is a PCN and must include all of
the information required in (b) (1)-(18)
g
4-acre
n s
ze,
formal wetland delineation must be offset losses of waters of the US. This
NWP does not authorize the relocation of General Condition 13. A letter
containing the requisite information
prepared in accordance with the current
method required by the Cor
s
(See of greater than 300 linear-feet of existing
i
bl may also he used.
p
.
paragraph 13(0);
(iv) A written descri
tion of all la
d serv
cea
e drainage ditches constructed (d) District Engineer's Decision: In
in non-tidal streams unless, for drainage reviewing the PCN for the proposed
di
h
p
n
(including, if available, legal
d tc
es constructed in intermittent lion-
tidal streams, the District Engineer activity, the District Engineer will
determine whether the activit

escriptions) owned by the prospective
permittee and/or the prospective
'
waives this criterion in writing, and the
District Engineer has determined that y
authorized by the NWP will result in
more than minimal individual or
permittee
s spouse, within a one mile
radius of the parcel, in any form of the project complies with all terms and
conditions of this NWP
and that an cumulative adverse environmental
effects or ma
be cont
t
th
bl

ownership (including any land owned ,
y
adverse impacts of the project on the y
rary
o
e pu
ic
interest. The prospective permittee may
as a partner, corporation, joint tenant,
co-tenant, or as a tenant-by-the-entirety) aquatic environment are minimal, both
individually and cumulatively; submit a proposed mitigation plan with
the PCN to expedite the process
The
and any land on which a purchase and
sale agreement or other contract for sale (15) For MVP 43 (Stormwater
Management Facilities), the PCN must .
District Engineer will consider any
proposed compensatory miti
ation th

or urchase has been executed;
110) For MVP 31 (Maintenance of
include, for the construction of new
stormwater management facilities, a g
e
applicant has included in the proposal
in determining whether the net adverse
Existing Flood Control Projects), the
i maintenance plan (in accordance with environmental effects to the aquatic
prospect
ve permittee must either notify
the District Engineer with a PCN prior state and local requirements, if
applicable) and a compensatory environment of the proposed work are
minimal. If the District En
ineer
to each maintenance activity or submit
a five year (or less) maintenance plan. mitigation proposal to offset losses of
waters of the US. For discharges that g
determines that the activity complies
with the terms and conditions of the
In addition, the PCN must include all of
th
f
ll
i cause the loss of greater than 300 linear NWP and that the adverse effects on the
e
o
ow
ng:
(i) Sufficient baseline information feet of an intermittent stream bed, to be
authorized, the District Engineer must aquatic environment are minimal, after
consideri
iti
i
h

identifying the approved channel
depths and configurations and existing
determine that the activity complies
with the other terms and
diti
f ng m
gat
on, t
e District
Engineer will notify the permittee and
i
l
d

facilities. Minor deviations are
authorized
rovided th
d fl con
ons o
the NWP, determine adverse
i nc
u
e any conditions the District
Engineer deems necessary. The District
, p
e approve
ood
control protection or drainage is not env
ronmental effects are minimal both
individually and cumulativel
and Engineer must approve any
com
en
t
i
i

increased;
(ii) A delineation of an
affect
d y,
waive the limitation on stream impacts
in w
iti
b
f p
sa
ory m
t
gation proposal
before the permittee commences work.
y
e
special aquatic sites, including r
ng
e
ore the permittee may
proceed; If the prospective permittee is required
to submit a compensatory mitigation
wetlands; and,
(iii) Location of the dredged material (16) Far NWP 44 (Mining Activities),
the PCN must include a description of proposal with the PCN, the proposal
may be either conceptual or detailed
If
disposal site;
(11) For NWP 33 (Temporary all waters of the US adversely affected
by the project
a descri
tion of m .
the prospective permittee elects to
b
i

Construction, Access, and Dewatering), ,
p
easures
taken to minimize adverse effects to su
m
t a compensatory mitigation plan
with the PCN
the District En
i
ill
the PCN must also include a restoration
plan of reasonable measures t
id waters of the US, a description of ,
g
neer w
expeditiously review the proposed
o avo
and minimize adverse effects to aquatic
reso measures taken to comply with the
criteria of the NMI, and a reclamation compensatory mitigation plan. The
District Engineer roust review the plan
urces;
(12) For NWPs 39, 43 and 44, the PCN plan (for all aggregate mining activities
in isolated waters and non-tidal within 45 days of receiving a complete
PCN and determine wheth
th

must also include a written statement to
the District Engineer explaining how
wetlands adjacent to headwaters and
any hard rock/mineral mi
i er
e
conceptual or specific proposed
i
i

avoidance and minimization for losses
of waters of the US were achieved on n
ng
activities);
(17) For activities that may adversel m
t
gation would ensure no more than
minimal adverse effects on the aquatic
i

the project site;
(13) F
NWl' y
affect Federally-listed endangered or env
ronment. If the net adverse effects
of the project on the aquatic
or
39 and MVP 42, the
PCN must inclucle a compensatory threatened species, the PCN must
include the name(s) of those endan
er
d environment (after consideration of the

mitigation proposal to offset losses of g
e
or threatened species that inay be compensatory mitigation proposal) are
determined by the District Engineer to
2092 Federal Register/ Vol. 67, No. 10 / Tucsday, January 15, 2002/Notices
be minimal, the District Engineer will on the notification. The District

provide a timely written response to the Engineer will fully consider a
enc
the proximity of a public water supply
i
t
k

applicant. The response will state that
the project can proceed under the t g
y
comments received within the specified
i n
a
e except where the activity is for
repair of the public water supply intake
erms
and conditions of the NWP. t
me frame, but will provide no
response to the resource a
en structures or adjacent bank stabilization,

If the District Engineer determines
that the adverse effects of the pro
osed g
cy, except
as provided below. The District
E
i 17. Shellfish Beds. No activity,

n
a
structures and work in
p
work are more than minimal, then the
District Engineer will notify the ng
neer will indicate in the
administrative record associated with
h avig
ble
navigable waters the US or discharges
of dredged or fill material
may occur in

applicant either: (1) That the project eac
notification that the resource
agencies' concerns were considered
A ,
areas of concentrated shellfish

does not qualify for authorization under
the NWP and instruct the applicant on .
s
required by section 305(b)(4)(B) of the
M
s populations, unless the activity is
directly related to a shellfish harvestin

the procedures to seek authorization
agnu
on-Stevens Fishery
Conset•vation and Management Act
the g
activity authorized by N4VP 4.

under an Individual Permit; (2) that the ,
District Engineer will provide a 18. Suitable Material. No activity,
project is authorized under the NWP
subject to the applicant's submission of response to NMFS within 30 days of
receipt of any Essential Fish Habitat including structures and work in
navigable waters
the US or discharges
a mitigation proposal that would reduce
the adverse effects on the aquatic conservation recommendations.
Applicants are encouraged to provide m
ofdredged le fill material, may consist
material (e. t
trash,
environment to the minimal level; or (3) the Corps multiple copies of ,
debris, car
s, car bodies, asphalt, etc.) and
that the project is authorized under the notifications to expedite agency material used for construction or
NWP with specific modifications or
notification

g
dischared must be free from toxic
conditions. Where the District Engineer .
(f) Wetland Delineations: Wetland Pollutants
in toxic amounts (see section
determines that mitigation is required to delineations must be prepared in 307 of the CWA).
ensure no more than minimal adverse
effects occur to the aquatic accordance with the current method
required by the Corps (For NWP 29 see 19. Mitigation. The District Engineer
will consider the factors discussed
environment, the activity will be
authorized within the 45-day PCN paragraph (b)(9)(iii) for parcels less than
(1/,-acre in size). The permittee may ask below when determining the
acceptability of appropriate and
period. The authorization will include the Corps to delineate the special practicable mitigation necessary to
the necessary conceptual or specific aquatic site. There may be some delay offset adverse effects on the aquatic
mitigation or a requirement that the
applicant submit a mitigation pro
osal if the Corps does the delineation,
F
th environment that are more than
minimal
p
that would reduce the adverse effects on ur
ermore, the 45-day period will not
start until the wetland delineation has .
(a) The project must be designed and
the aquatic environment to the minimal
level. When conceptual mitigation is been completed and submitted to the
Corps, where appropriate constructed to avoid and minimize
adverse effects
waters
the
to of US
to the
included, or a mitigation plan is
required under item (2) above, no work ,
14. Compliance Certification. Every
permittee who has received NWP t
b
maximum extent practicable at the
the
project site (i
on site).
o
in waters of the US will occur until the
District Engineer has approved a verification from the Corps will submit
a signed certification regardin
the on i
(b) Mitigation
n all its forms
(avoiding, minimizing, rectifying

specific mitigation plan.
(e) Agency Coordination: The Di
t
i
t g
completed work and any required ,
reducing or compensating) will be
s
r
c
Engineer will consider any comments mitigation. The certification will be
forwarded by the Corps with the required to the extent necessary to
ensure that the adverse effects to the
from Federal and state agencies
concerning the proposed activit
's authorization letter and will include: aquatic environment are minimal,
y
compliance with the terms and (a) A statement that the authorized (c) Compensatory mitigation at a

conditions of the NWPs and the need for
i work was done in accordance with the
Corps authorization, including any minimum one-for-one ratio will be
required for all wetland impacts
m
tigation to reduce the project's
adverse environmental effects to a general or specific conditions;
(b) A statement that any required requiring a PCN, unless the District
Engineer determines in writing that
minimal level.
For activities requiring notification to
h mitigation was completed in accordance
with the permit conditions; and some other form of mitigation would be
more environmentally appro
riate and
t
e District Engineer that result in the
loss of greater than 1/2-acre of water
f (c) The signature of the permittee p
provides a project-specific waiver of this
s o
the US, the District Engineer will certifying the completion of the work
and mitigation. requirement. Consistent with National
policy
the District En
ineer will
provide immediately (e.g., via facsimile
transmission, overnight mail, or other 15. Use of Multiple Nationwide
Permits. The use of more than one NWP ,
g
establish a preference for restoration of
wetlands as compensator
mitigation

expeditious manner) a copy to the
appropriate Federal or state offices
for a single and complete project is
prohibited, except when the acreage loss y
,
with preservation used only in
exceptional circumstances

(USFWS, state natural resource or water
quality agency
EPA
State Historic
of waters of the US authorized by the .
(d) Compensatory mitigation (i.e.,
,
,
Preservation Officer (SHPO), and, if NWPs does not exceed the acreage limit
of the NWP with the highest specified replacement or substitution of aquatic
resources for those impacted) will not
appropriate, the NMFS). With the
exception of NWP 37, these agencies acreage limit (e.g. if a road crossing over
tidal waters is constructed tinder NWP be used to increase the acreage losses
allowed by the acrea
e limits of
f
will then have 10 calendar days front
the date the material is transmitt
d t 14, with associated bank stabilization g
some o
the NWPs. For example, 1/4-acre of
e
o
telephone or fax the District Engineer authorized by NWP 13, the maximum
acreage loss of waters of the US for the wetlands cannot be created to change a
1/4-acre loss of wetlands to a 1/
-
l

notice that they intend to provide
substantive, site-specific comments. If
total project cannot exceed th-acre).
16. Water Supply Intakes
No activit 1
acre
oss
associated with NWP 39 verification.
H
1

so contacted by an agency, the District
Engineer will wait an additio
l 15 .
y,
including structures and work in owever,
/2-acre of created wetlands
can be used to reduce the impacts of a
na
calendar days before making a decision navigable waters of the US or discharges
of dredged or fill material, may occur in 1/2-acre loss of wetlands to the minimum
impact level in order to meet the
Federal Rebister / Val. 67, No. 10 /'I'tresclay, January 15, 2002/Notices 2..n0 i
minimal impact requirement associated
with NWPs.
(e) To be practicable, the mitigation
must be available and capable of being
clone considering costs, existing
technology, and logistics in light of the
overall project purposes. Examples of
mitigation that may be appropriate and
practicable include, but are not limited
to: reducing the size of the project;
establishing and maintaining wetland or
upland vegetated buffers to protect open
waters such as streams; and replacing
losses of aquatic: resource functions and
values by creating, restoring, enhancing,
or preserving similar functions and
values, preferably in the same
watershed.
(f) Compensatory mitigation plans for
projects in or near streams or other open
waters will normally include a
requirement for the establishment,
maintenance, and legal protection (e.g.,
easements, deed restrictions) of
vegetated buffers to open waters. In
many cases, vegetated buffers will be
the only compensatory mitigation
required. Vegetated buffers should
consist of native species. The width of
the vegetated buffers required will
address documented water quality or
aquatic habitat loss concerns. Normally,
the vegetated buffer will be 25 to 50 feet
wide on each side of the stream, but the
District Engineers may require slightly
wider vegetated buffers to address
documented water quality or habitat
loss concerns. Where both wetlands and
open waters exist on the project site, the
Corps will determine the appropriate
compensatory mitigation (e.g., stream
buffers or wetlands compensation)
based on what is best for the aquatic
environment on a watershed basis. In
cases where vegetated buffers are
determined to be the most appropriate
form of compensatory mitigation, the
District Engineer Imay waive or reduce
the requirement to provide wetland
compensatory mitigation for wetland
impacts.
(g) Compensatory mitigation
proposals submitted with the
"notification" may be either conceptual
or detailed. If conceptual plans are
approved under the verification, then
the Corps will condition the verification
to require detailed plans be submitted
and approved by the Corps prior to
construction of the authorized activity
in waters of the US.
(h) Permittees may propose the use of
mitigation banks, in-lieu fee
arrangenients or separate activity-
specific compensatory mitigation. In all
cases that require compensatory
mitigation, the mitigation provisions
will specify the party responsible for
accomplishing and/or complying with
the mitigation plan.
20. Spowning Areas. Activities,
including structures and work in
navigable waters of the US or discharges
of dredged or fill material, in spawning
areas during spawning seasons must be
avoided to the maximum extent .
practicable. Activities that result in the
physical destruction (e.g., excavate, fill,
or smother downstream by substantial
turbidity) of an important spawning area
are not authorized.
21. Management of Water Flows. To
the maximum extent practicable, the
activity must be designed to maintain
preconstruction downstream flow
conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity
must not permanently restrict or impede
the passage of normal or expected high
flows (unless the primary purpose of the
fill is to impound waters) and the
structure or discharge of dredged or fill
material must withstand expected high
flows. The activity must, to the
maximum extent practicable, provide
for retaining excess flows from the site,
provide for maintaining surface flow
rates from the site similar to
preconstruction conditions, and provide
for not increasing water flows fTOm the
project site, relocating water, or
redirecting water flow beyond
preconstruction conditions. Stream
channelizing will be reduced to the
minimal amount necessary, and the
activity must, to the maximum extent
practicable, reduce adverse effects such
as flooding or erosion downstream and
upstream of the project site, unless the
activity is part of a larger system
designed to manage water flows. In most
cases, it will not be a requirement to
conduct detailed studies and monitoring
of water flow.
This condition is only applicable to
projects that have the potential to affect
waterflows. While appropriate measures
must be taken, it is not necessary to
conduct detailed stuulies to identify
such measures or require monitoring to
ensure their effectiveness. Normally, the
Corps will defer to state and local
authorities regarding management of
water flow.
22. Adverse F,ffects From
lmpoundrnents. If the activity creates an
impoundment of water, adverse effects
to the aquatic system clue to the
acceleration of the passage of water,
and/or the restricting its flow shall be
minimized to the maximum extent
practicable. This includes structures
and work in navigable waters of the US,
or discharges of dredged or fill material.
23. Waterfowl Breeding Areas.
Activities, including structures and
work in navigable waters of the US or
discharges of dredged or fill material,
into breeding areas for migratory
waterfowl must be avoided to the
maximum extent practicable.
24. Removal of Ternporary Fills. Any
temporary fills must be removed in their
entirety and the affected areas returned
to their preexisting elevation.
25. Designated Critical Resource
Waters. Critical resource waters include,
NOAA-designated marine sanctuaries,
National Estuarine Research Reserves,
National Wild and Scenic Rivers,
critical habitat for Federally listed
threatened and endangered species,
coral reefs, state natural heritage sites,
and outstanding national resource
waters or other waters officially
designated by a state as having
particular environmental or ecological
significance and identified by the
District Engineer after notice and
opportunity for public comment. The
District Engineer may also designate
additional critical resource waters after
notice and opportunity for comment.
(a) Except as noted below, discharges
of dredged or fill material into waters of
the US are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42,
43, and 44 for any activity within, or
directly affecting, critical resource
waters, including wetlands adjacent to
such waters. Discharges of dredged or
fill materials into waters of the US may
be authorized by the above NWPs in
National Wild and Scenic Rivers if the
activity complies with General
Condition 7. Further, such discharges
may be authorized in designated critical
habitat for Federally listed threatened or
endangered species if the activity
complies with General Condition 11 and
the USFWS or the NNIFS has concurred
in a determination of compliance with
this condition.
(b) For MVPs 3, 8, 10, 13, 15, 18, 19,
22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and
38, notification is required in
accordance with General Condition 13,
for any activity proposed in the
designated critical resource waters
including wetlands adjacent to those
waters. The District Engineer may
authorize activities under these N%%Ps
only after it is determined that the
impacts to the critical resource waters
will he, no more than minimal.
26. Fills Within 100-YearF'loodploins.
For purposes of this General Condition,
100-year floodplains will be identified
through the existing Federal Emergency
Management Agency's (FEMA) Flood
Insurance Rate Maps or FEMA-approved
local IloodPlain maps.
(a) /)ischarges in Floodplain; Belo:r
Ffeadwoters. Discharges of dredged or
fill material into waters of the US within
the mapped 100-year floodplain, below
2094 Federal Register/ Vol. 67, No. 10 /Tuesday, )anuarv 15. 2002 / nlnrirF
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 Moodwav; Above
Headwaters. Discharges of dredged or
fill material into waters of the US within
the FEMA or locally mapped floodway,
resulting in permanent above-grade fills
are not authorized by NWPs 39, 40, 42,
arid 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 date.
D. Further Information
1. District Engineers have authority to
deterrine if an activity complies with
the terms and conditions of an NWP.
2. NWPs do not obviate the need to
obtain other Federal, state, or local
permits, approvals, or authorizations
required by law.
3. NWPs do not grant any property
rights or exclusive privileges.
4. NWPs do not authorize any injury
to the property or rights of others.
5. NWPs do not authorize interference
with any existing or proposed Federal
project.
E. Definitions
Best Management Practices (BNIPs):
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 ot}rer aquatic
resources for the purpose of
compensating for unavoidable adverse,
impacts which remain after all
appropriate arid practicable avoidance
and minimization has been achieved.
Creation: The establishment of a
i wetland or other aquatic resource where
one did not formerly exist.
Enhancement: Activities conducted in
i
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 farrir or part of a farm.
Flood Fringe: That portion of the 100-
year floodplain outside of the floodway
(often referred to as "floodway fringe").
Floodway: The area regulated by
Federal, state, or local requirements to
provide for the discharge of the base
flood so the cumulative increase in
water surface elevation is no more than
a designated amount (not to exceed one
foot as set by the National Flood
Insurance Program) within the 100-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 tlrat
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 Strearn: 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 CIS: Waters of
the US that include the fitted 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 NIVP; it is
riot 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 NWPs.
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 CFR
328.3(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 LIS, including wetlands,
that results in a substantial increase in
ground elevation arid permanently
converts part or all of the waterbody to
dry land. Structural fills authorized by
NWPs 3, 25, 36, etc. are not included.
Preservation: The protection of
ecologically important wetlands or other
aquatic resources in perpetuity through
the implementation of appropriate legal
and physical mechanisms. Preservation
may include protection of upland areas
adjacent to wetlands as necessary to
Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2n n;
ensure protection arid/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.
Storm waterManagernent: 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.
Stornnvoter Management Facilities:
Storlnwater 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(1), respectively. Tidal waters
rise and fall in a predictable and
measurable rhythm or cycle due to the
gravitational pulls of the moon and sun.
Tidal waters end where the rise and fall
of the water surface can no longer be
practically measured in a predictable
rhythm 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.
WK 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 imbricata)
Endangered Kemp's ridley turtle
(I epidochelys kempii)
Endangered leatherback turtle
(Derrnochelys coriacea)
Threatened loggerhead turtle (Caretto
caretta)
Application 1361
The applicant,is applying for a 5-year
permit to trawl for turtles, as needed, at
dredge and other construction/
destruction sites to remove the turtles to
a safe location. The turtles will be
captured, tagged, measured and released
offshore away from the dredging
activities. The applicant expects to
capture and relocate 95 green, 11
hawksbill, 160 loggerhead, 14 Kemp's
ridley and 4 leatherback turtles on the
Atlantic coast and 105 green, 17
hawksbill, 160 loggerhead, 50 Kemp's
ridley and 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 aml
BILLING CODE 3510-22-5
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. Array Corps of Engineers
Regulatory Home Page at: http://
www.usace,arrny.mil/inet/functions/
cw/cecwo/reg/.
SUPPLEMENTARY INFORMATION: In tile.
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
7, 12, 14, 27, 39, 40, 41, 42, 43, and 44
expire on March 18, 2002." In the last
sentence of the SUMMARY section, the
expiration date is corrected as "March
18, 2007", instead of "March 19, 2007".
On page 2020, in second sentence of
the DATES section, the expiration date is
corrected as "March 18, 2007", instead
of "March 19, 2007". Therefore, the
NWPs published in the January 15,
2002; Federal Register will expire on
March 18, 2007, five years from their
effective date of March 18, 2002.
On page 2020, in the fifth paragraph
of the Background section, the third and
fourth sentences are corrected to read:
"All NWPs except NWPs 3, 7, 12, 14,
27, 39, 40, 41, 42, 43, and 44 expire on
February 11, 2002. Existing NWPs 3, 7,
12, 14, 27, 39, 40, 41, 42, 43, and 44
expire on March 18, 2002." The
expiration date in the last sentence of
this paragraph is corrected as "March
18, 2007", instead of "March 19, 2007".
On page 2020, the paragraph in the
section entitled "Grandfather Provision
for Expiring NWPs at 33 CFR 330.6" is
corrected to read: "Activities authorized
by the current NWPs issued on
December 13, 1996, (except NWI's 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 continence 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 (WQCJ oil(] Coastal Zoiie
Xfonagement Act (CZMA) Consistency
Agreement" section, the (late in the fifth
sentence is corrected as''F'ebruary 11,
2002", instead of "February 11, 2001
On page 2023, third column, last
sentence, the number 29 is replaced
with the number 19, because this
sentence refers to General Condition 19.
On page 2024, first column, in the
fourth sentence of the last paragraph the
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.
Oil 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 (f)) is replaced with "; or".
On page 2080, second column,
paragraph (a) of NWP 13 is corrected to
react: "No material is placed in excess of
the minimum needed for erosion
protection;" The cliane was not
g
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 NWP 14, Linear Transportation
Projects. Paragraph (a) of NWT' 14 is
corrected to read: "a. This NWP is
subject to the following acreage limits:
(1) For linear transportation projects ill
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 1/ -acre of
waters of the US."
Oil page 2085, second column, the
last sentence of NWP 36 is corrected to
react as follows: "Dredging to provide
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Issuance of Nationwide Permits;
Notice; Correction
AGENCY: Arley Corps of Engineers, Doi).
ACTION: Final notice; correction.
SUMMARY: This document contains
corrections to the final notice of
issuance of Nationwide Permits (NWPs)
which was published in the Federal
Register on 'T'uesday, January 15, 2002
(67 FR 2020-2095).
ADDRESSES: I IQUSACE, ATTN: CECW--
OR, 441 "G" Street, NW., Washington,
DC 20314-1000.
Federal Register / Vol. 57, 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 Vio acre of ephemeral waters
would require PCNs under paragraph
(c)(1), above)." The addition to the Note
was intended to clarify that tinder
paragraph (c)(2) only the loss of
ephemeral open waters were not
included in the requirement for a pre-
construction notification (PCN).
However, under paragraph (c)(1) all
ephemeral waters of the United States
are included in the measurement for the
'/,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.. Commerciol, and
Institutional Developments. Discharges
of dredged or fill material into non-ticlal
waters of the U.S., excluding non-ticlal
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,
storniwater management facilities, and
recreation facilities such as
playgrounds, playing fields, and golf
courses (provided the golf course is an
integral part of the residential
development). The construction of new
ski areas or oil and gas wells is not
authorized by this NWP.
Residential developments include
multiple and single unit developments.
Examples of commercial developments
inch>,de 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. 'File discharge does not cause the
loss of greater than 'hz-acre of non-tidal
waters of the U.S., excluding non-ticlal
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 Vio-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
high water mark (see Note, below); or
13) 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, cletermine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the permittee may
proceecl;
d. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
e. The discharge is part of a single and
complete project;
C The permittee must avoid and
minimize discharges into waters of the
U.S at the project site to the maxinnun
extent practicable. The notification,
when required, must include a written
statement explaining ]low avoidance
and minimization of losses of waters of
the LIS were achieved on the project
site. Compensatory mitigation will
normally be required to offset the losses
of waters of the US. (See General
Condition 19.) The notification must
also include a compensatory mitigation
proposal for offsetting unavoidable
losses of waters of the US. If an
applicant asserts that the adverse effects
of 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 I/,o-acre requires
that the permittee notify the District
P:ngineer in accordance with General
Condition 13;
It, Any work authorized by this NWP
must not cause more than minimal
degradation of water quality or more
than minimal changes to the flow
characteristics of any stream (see
General Conditions 9 and 21);
i. For discharges causing the loss of
Vio-acre or less of waters of the US, the
permittee 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., 1/2-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.,
Vz-acre of emergent wetlands created
on-site);
j. If there are any open waters or
streams within the project area, the
permittee will establish and maintain, to
the maximum extent practicable,
wetland or upland vegetated buffers
next to those open waters or streams
consistent with General Condition 19.
Dead 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
oil the foundation(s) or building pacl(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 '/z-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 1/,a acre of ephemeral waters
would require PCNs under 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
Wator Quality Certification and Coastal
Zone Management Act consistency
determination." The change to General
Condition 6 that was published in the
January 15, 2002, Federal Register was
not intended and we are correcting this
sentence by reinstating the original text
as it existed in the March 9, 2000,
NWPs.
On page 2090, first 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://
wwvv.nmfs.nooa.gov/Prot res/overvie cv/
es.html * * " because _ 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.
Therefore, paragraph (b)(4) of General
Condition 13 is corrected to read "For
NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40,
41, 42, and 43, the PCN must also
include a delineation of affected special
aquatic sites, including wetlands,
vegetated shallows (e.g., submerged
aquatic vegetation, seagrass beds), and
riffle and pool complexes (see paragraph
13(f));'
On page 2090, third colurnn, 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".
Oil 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, pr 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
[IS.
In the January 15, 2002, Federal
Register, it was stated that the definition
was being revised (to clarify that
ephemeral waters and streams are not
included in the acreage or linear
thresholds for NWPs) to comport with
language in the preamble of the March
9, 2000 Federal Register notice.
However, 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, "Daring our
review of the comments received in
response to tire, July 21, 1999, Federal
Register notice, we found an error in the
proposed definition of the term, "loss of
waters of the United States." In the
fourth sentence of the draft definition,
we. stated that the loss of stream bed
Federal Register/ Vol. 67, No. 30 / Wednesday, February 13, 2002 /Notices 6695
includes the linear feet of perennial or
intermittent stream bed that is filled or
excavated. This statement is inaccurate
because ephemeral stream bed that is
filled or excavated can also be
considered a loss of waters of the United
States. However, the 300 linear foot
limit for stream beds filled or excavated
does not apply to ephemeral streams.
We have modified this sentence to
define the loss of stream bed as the
linear feet of stream bed that is filled or
excavated." Thus, the modification of
this definition was intended to 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 matter,
we intend to publish a Federal Register
notice to solicit public comments on
those two corrections. If we determine
that any other matter relating to the final
NWPs requires correction or
clarification, but that matter was not
adequately dealt with in this correction
notice, we will address that additional
matter in the forthcoming Federal
Register notice, as well. We expect to
publish that Federal Register notice
within a few weeks.
Dated: February 7, 2002.
Lawrence A. Lang,
Assistant Chief Operations Division,
Directorate of Civil Works.
[FR Doc. 02-3555 Filed 2-12-02; 8:45 aml
BILLING CODE 3710-92-P
DEPARTMENT OF DEFENSE
Uniformed Services University of the
Health Sciences
Sunshine Act Meeting
AGENCY HOLDING THE MEETING:
Uniformed Services University of the
Health Sciences.
TIME AND DATE: 8:00 a.m. to 4:00 p.m.,
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 Art" (5 U.S.C. 552b(e)(3)).
MATTERS TO BE CONSIDERED:
8:30 a.rn. Meeting Board of Regents
(1) Approval of Minutes--November 14,
2001
(2) Faculty Matters
(3) Department Reports
(4) Financial Report
(5) Report--President, USUI IS
(G) Report--flean, School of Me.(]iciIle
(7) Report--Dean, Graduate School of'
Nursing
(8) Comments-Chairman, Board of
Regents
(9) New Business
CONTACT PERSON FOR MORE INFORMATION:
Mr. Bobby 1). Anderson, Executive
Secretary, Board of Regents, (301) 295-
3116.
Dated: February 8,'2002.
I,inda 13ynum,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 02-3683 Filed 2-11-02; 3:32 purl
BILLING CODE 500148-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
he addressed to the Office of
Information and Regulatory Affairs,
Attention: Lauren Wittenberg, Desk
Officer, Department of Education, Office
of Management and Budget, 725 17th
Street, NW., Room 10202, New
Executive Office Building, Washington,
DC: 20503 or should be electronically
mailed to the internet address
Lo urea-Wittenberg @omb.eop.gov.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency's ability to perform its
statutory obligations. The Leader,
Regulatory Information Management
Croup, Office of the Chief Information
Officer, publishes that notice containing
proposed information collection
requests prior to submission of these
requests to OMB. Each proposed
information collection, grouped by
office, contains the following: (1) Type
of review requested, e.g. new, revision,
extension, existin- or reinstatement; (2)
"Title; (3) Summary of the collection; (4)
Description of the need for, and
proposed use of, the information; (5)
Respondents and frequency of
collection; and (6) Reporting and/or
Record keel) ing burden. OMB invites
public continent.