HomeMy WebLinkAbout20020485 Ver 1_Complete File_20020401? W ATF Michael F. Easley, Governor
Q R William G. Ross Jr., Secretary
?O? pG North Carolina Department of Environment and Natural Resources
C? Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
April 11, 2002
Randolph County
DWQ Project No. 020485
Bridge No. 23 on SR 1107
APPROVAL of 401 Water Quality Certification with Additional Conditions
Mr. W.F. Rosser, P.E., Division Engineer
NCDOT Division 8
P.O. Box 1067
Aberdeen, NC 28315
Dear Mr. Rosser:
You have our approval, in accordance with the attached conditions and those listed below, to impact
80 linear feet permanently and 20 linear feet temporarily of Uwharrie River in order to replace Bridge
No. 23 on SR 1107 in Randolph County. The project should be constructed in accordance with your
application dated March 27, 2002 (received April 11, 2002). After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Nos. 3375 and 3366,
corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33. 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 only valid for the purpose and design that you described in your application except as
modified below. If you change your project. you must notify us, in writing, and send us 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 conditions. If total wetland fills for
this project (now or in the future) exceed one acre or stream impacts exceed 150 linear feet,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
All work shall be performed during low flow conditions.
The structure shall be designed such that the pipes are offset-that is, one pipe shall receive base
flow and the other, storm water flow. Disturbed floodplain benching should be restored to natural
geomorphic conditions in front of the concrete headwall and upstream and downstream of the
second, storm water flow pipe.
The presence of equipment in the channels must be minimized. Under no circumstances must
rock, sand or other materials be dredged from the wetted stream channel under authorization of
this permit, except in the immediate vicinity of the culverts.
Existing vegetation shall not be mowed in order to utilize it for storm water sheet flow.
Use of rip-rap for bank stabilization is to be minimized; rather, native vegetation is to be planted
when practical. Rip-rap must be limited to the stream bank below the high water mark, and
vegetation must be used for stabilization above high water.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone). 919-733-6893 (fax), http://h2o.enr.state. nc. us/ncwetlands/
Upon completion of the project, the NCDOT shall complete and return the enclosed
"Certificate of Completion" ions to notify NCDWQ when all work included in the §401
Certification has been completed. The responsible party sktall complete the attached form
and return it to the 401/Wetlands Unit of the NC 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. 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
'l'ater Act_ If you have any questions. please telephone Ms. Cynthia Van Der Wiele at 919.733.5715
or Ms. Jennifer Frye of the Winston-Salem Regional Office at 336.771.4600.
Si
Thorpe, Ph.D
WctiDirector
Attachment Pc: Wilmington District Claps of Engineers
Richard Spencer, USACE V?°ilmington Field Office
Jennifer Frye_ N-CDWQRmston-Salem Regional Office
Central Files
File Copy
f
Office Use Only:
USACE Action ID No.
714,31 ISSUED
0 2 0 4 8 5 Form Version October 2001
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 ?'-
Check all of the approval(s) requested for this project: APR I M ' I
® Section 404 Permit
0 Section 10 Permit WETLANDS GROUP
® 401 Water Quality Certification WATER UALITY SECTION
? Riparian or Watershed Buffer Rules
2_, Nationwide, Regional or General Permit Number(s) Requested: Nationwide #14. #33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: 7
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: Fj
II. Applicant Information
Owner/Applicant Information
Name:
Mailing Address: W. F. Rosser, P.E.. Division Engineer
North Carolina Department of Transportation. Division 8
P.O. Box 1067
Aberdeen. North Carolina 28315
Telephone Number: 910-944-2344 Fax Number:
E-mail Address: brosser&a.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: Ron Van Cleef. Bridge Maintenance Engineer
Company Affiliation: NC Department of Transportation
Mailing Address: PO Box 289
Siler City, NC 27244
Telephone Number: 919-742-5649 Fax Number: 919-663-0214
E-mail Address: rvancleefna.dot.state.nc.us
Pi> >,,,
f1 T
Page 5 of 12 i )
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: Replace Bridge 23 -SR 1107
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Randolph Nearest Town:. Asheboro
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): Leaving Asheboro going east
on US 64. Turn Right on SR 2605. Project is +- 3.5 miles.
5. Site coordinates, if available (UTM or Lat/Long): N350 34.571 W790 57.571
(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:
7. Property size (acres):
8. Nearest body of water (stream/river/sound/ocean/lake): _Uwharrie River
9. River Basin: Yadkin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at hhU://h2o,enr.state.nc,us/admin/maps/.)
Page 6 of 12
10. Describe the purpose of the proposed work: Replace bridge with two lines 142 x 91 CMPA
11. List the type of equipment to be used to construct the project: Excavator
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.
N/A
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application:
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(yes/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
" 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at gip://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property:
Total area of wetland impact proposed:
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please specify)
P Pipe and Temp. 80' Milo Creek 8' - 10' P
T Diversion 20' Milo Creek 8' - 10' P
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w,%,-%v.usgs.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., %vww.topozone.com,
www.mapQuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 100'
Page 8 of 12
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact* Area of
Impact
(acres) Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
None
List eacn impact separately ana iaenttty temporary impacts. impacts tnciuae, out are not limitea to: till, excavation, areagmg,
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): 0 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.
VIII, Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state,nc.us/ncwetiands/stnneide.html.
1. 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.
N/A
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 hup://h2o,enr.state.nc.us/=/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):
Page 10 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
NIA
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.
N/A
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 (15A NCAC 2H .0500) or any Buffer Rules?
Yes r-] 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).
J y/...,
3-Z-7 - OZ
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
S
4?n
?STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVEILNOR
September 24, 2001
COUNTY
MEMORANDUM TO
FROM:
SUBJECT
Pursuant to the request on iVlarch 30, 2001, for a structure recommendation at the
above subject site, the following is offered.
Drainage Area: 1.7 Square Miles
Existing structure: 26' Single Span Bridge
Recommended pipe size:) tea. 120"
Specific site conditions or limitations may dictate the use of an alternate structure. If
such conditions are noted. please contact this office for further analysis.
RED
Randolph
Mr. E.B. Nelson, Jr., PE
Bridge Maintenance Superintendent
Roger E. D'Jernes CtG
Regional Hydraulics Engineer
Bridge ;`lumber 23 Replacement Recommendation
On SR-1107
LYNDo TIPPETT
SECRETARY
cc: N/Ir. W.F. Rosser. P.E.
Mr. Lin Wiggins, PE
MAILING ADDRESS:
NC DEPARTMENT OF TRANSPCRTATICN
HYDRAULICS UNIT
1590 MAIL SERVICE CENTER
RALEIGH NC 27699.1590
TELEPHONE: 919-250-4100
FAX: 919-250-4108
WEBSITE. W"NV.DOH.DOT. S'ATE.NC.US
LOCATION:
CENTURY CENTER COMPLEX
BUILDING B
1020 BIRCH RIDGE DRIVE
R4LEIGH NC
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020485
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
VOVI?RNOR
DIVISION OF HIGHWAYS
March 27, 2002
Mr. Rob Riding
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Dear Mr. Ridings:
Enclosed is the permit application for the following project:
Description: SR 1107 - Randolph County
Work Order ++h S ?Z-
TIP Number: N/A
Fee Category: $200.00
Please submit for automated payment.
Sincerely,
LYNDO TIPPETT
SECRETARY
I6 0 ? APR 12002 ?W LAI GRQU?
11ATEPt QUALITY SECTIQN _ ,_----'
PAYMENT
RECEIVED
Art C. King
Division Environmental Officer
WS.-
STATE (?i OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS
GOVERNOR
March 27, 2002
Mr. Rob Ridings
Division Of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 217699-1650 P4ViIE IT
Dear Mr. Ridings: Won
Subject: Randolph County - SR 1107
LYNDO TIPPETT
SECUTARY
020485
In an effort to obtain the permits needed for the replacement of Bridge 23 on SR 1107 with
CMPA in Randolph County, we are providing the pre construction notification application and
the supporting materials.
A survey for the presence of Schweinitz's Sunflower (Helianthus Schweinitz) was conducted by
myself as part of the required minimum criteria check. No Schwienitz Sunflowers were found
within the project boundries.
Any detours required for this project will be done off site.
To our knowledge there are No High Quality Waters or Outstanding Water Resources occurring
in the project area. We anticipate that these activities will be authorized under Nationwide Permit
Number 14 and 33.
This letter and a copy of the application materials will be submitted to N.C. Division of Water
Quality, U.S. Fish and Wildlife Service, and U.S. Army Corps. of Engineers for approval.
If you have any questions or comments, or need additional information, please contact our office
at (910) 944-2344. Thank you for your cooperation in this matter.
Sinc ely,
Art C. King
Division Environmental Officer
cc: File
P.O. BOX 1067, ABERDEEN, NoRTH CAR011NA 28315
PHONE (910) 944-2344 FAx (910) 944-5623
U.S. ARMY CORPS OF ENGINEERS J1
WILMINGTON DISTRICT )
Action ID: 200200659 TIP No: State Project No: County:
GROUP
1IOIII
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: North Carolina Department of Transportation
Address: W.F. Rosser, P.E., Division Engineer
North Carolina Department of "Transportation
Division 8
P.O. Box 1067
Aberdeen, North Carolina 28315
Telephone Number: (910) 944-2344
Size and Location of project (waterway, road name/number, town, etc.): 80 linear feet of twin 142-inch X 91-
inch CMPA culverts with concrete collars on SR 1107 in an unnamed tributary to Uwharrie River in Randolph
County, North Carolina.
Description, of Activity: To replace existing 26-foot long bridge number 23 on SR 1107 with twin 142-inch X 91-
inch CMPA culverts with concrete collars and install a temporary diversion structure consisting of a fabric-lined
channel, temporary diversion pipe and fabric-covered stone berms placed on filter cloth on the upstream and down
stream side of the culverts. 20 feet of class B rip-rap is to be placed on both banks above the plane of ordinary high
water at each end of the culverts for bank protection. Traffic will be detoured onto existing roadways during
construction. All temporary fill is to be removed from the waterway in its entirety upon completion of the construction.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: 14/33 Nationwide Permit Number
Regional General Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished
in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404
(if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity
within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal
Management, telephone (919) 733-2293.
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions
of the RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State
and local agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact
the Corps Regulatory Official specified below.
Date 30 M, y 2002
Corps Regulatory Official__Richard K.-Spencer _ _'Felephone No. 910 251-4172
Expiration Date of Verification_30_May-2005_
CF: NCDOT, Art King (Division 8) /
NDDWQ, Cynthia Van Der Wicld/
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Federal Register/Vol. 67, No. 10 /Tuesday, January 15, 2002/Notices 2077
New York
New York District Engineer, ATTN: CENAN-
OP-R, 20 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, ME
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:
CESPK-CO-K, 1325 J Street, CA 95814-
2922
Vermont
New England District Engineer, ATTN:
CENAE-R, 696 Virginia Road, Concord,
MA 01742-2751
Virginia
Norfolk District Engineer, ATTN: CENAO-
OP-R, 803 Front Street, Norfolk, VA
23510-1096
Washington
Seattle District Engineer, ATTN: CENWS-
OP-RG, P.O. Box 3755, Seattle, WA 98124-
2255
West Virginia
Huntington District Engineer, ATTN:
CELRH-OR-F, 502 8th Street, I luntington,
WV 25701-2070
Wisconsin
St. Paul District Engineer, ATTN: CF.MVP-
CO-R, 190 Fifth Street East, St. Paul, MN
5510.1-1638
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 Xforiano
Islands)
Honolulu District Engineer, ATTN: CEPOH-
EC-R, Building 230, Fort Shafter,
Honolulu, FEE 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, Directorof 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 40.1 Programs
25. Structural Discharges
26. [Reserved]
27. Stream and Wetland Restoration
Activities
28. Modifications of Existing Marinas
29. Single-family Housing
30. Moist Soil Management for Wildlife
31. Maintenance of Existing Flood Control
Facilities
32. Completed Enforcement Actions
33. Temporary Construction, Access and
Dewatering
34. 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
8. Tribal Rights
9. Water Quality
10. Coastal Zone Management
11. Endangered Species
12. Historic Properties
13. Notification
14. Compliance Certification
15. Use of Multiple Nationwide Permits.
16. Water Supply Intakes
17. Shellfish Beds
18. Suitable Material
19. Mitigation
20. Spawning Areas
21. Management of Water Flows
22. Adverse Effects from Impoundments
23. Waterfowl Breeding Areas
24. Removal of Temporary Fills
25. Designated Critical Resource Waters
26. Fills Within 100-year Floodplains
27. Construction Period
Further Information
Definitions
Best vanagement Practices (BMPs)
Compensatory Mitigation
Creation
Enhancement
Ephemeral Stream
Farm 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/Tuesday, January 15, 2002/Notices
Single and Complete Project
Storruwater Management bridges, culverted road crossings, water done primarily to obtain fill for any
Storrewater Management Facilities
Stream Hed intake structures, etc.) and the
restoration activities. The discharge of
placement of new or additional riprap to dredged or fill material and all related
Stream Channelization
Tidal wetland
V protect the structure, provided the
permittee notifies the District Engineer work needed to restore the upland must
be part of a single and complete project
egetated Buffer
Vegetated Shallows
in accordance with General Condition
13. The removal of sediment is li
it
d .
This permit cannot be used in
Waterbody m
e
to the minimum necessary to restore the conjunction with NWP 18 or NNVP 19 to
restore damaged upland areas. ']'his
B. Nationwide Permits waterway in the immediate vicinity of
the structure to the a
roximate permit cannot be used to reclaim
hi
1. Aids to Navigation. The placement
of aids to navigation and Regulator pp
dimensions that existed when the storic: lands lost, over an extended
period, to normal erosion processes
y
markers which areapproved b and
y
i
ll
d
structure was built, but cannot extend
furthet' than 200 feet in an
direction .
This permit does not authorize
nsta
e
in accordance with the
requirements of the U.S. Coast Guard y
from the structure. The lacement of ri
p f maintenance dredging for the primary
purpose of navigation and beach
(USCG) (See 33 CFR, chapter I,
subchapter C part 66). (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 channelization o
-
2. Structures
Artificial Canals.
constructed in artificial
safety of the structure. All excavated
materials must be deposited and r
stream relocation projects. Any work-
authorized by this permit must not
canals within principally residential
developments where the connection of retained in an upland area unless
otherwise specifically approved by the cause more than minimal degradation of
water quality, more than minimal
the canal to navigable water of the US
has been previously authorized (s
33 District Engineer under separate
authorization. Any bank stabilization changes to the flow characteristics of the
strea
i
fl
ee
CFR 322.5(8)). (Section 10)
measures not directly associated with m, or
ncrease
ooding (See
General Conditions 9 and 21)
(Sections
-3. Maintenance. Activities related to: the structure will require a separate .
10 and 404)
(i) The repair, rehabilitation, or
replacement of any previously authorization from the District Engineer.
(iii) Dischar
es of dred
d
fill Note: This MVP authorizes the repair,
h
b
l
authorized, currently serviceable, g
ge
or
material, including excavation, into all re
a
i
itation, 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 404(f)
serviceable structure or fill authorized with the restoration of upland areas exemption for maintenance.
by 33 CFR 330.3, provided that the damaged by a storm, flood, or other 4. Fish and Wildlife Harvesting
structure or fill is not to be put to uses
discrete event, including the ,
Enhancement
and Attraction Devices
differing from those uses specified or
contemplated for it in the original construction, placement, or installation
of upland protection structures and ,
and Activities. Fish and wildlife
harvesting devices and activities such as
permit or the most recently authorized
modification. Minor deviations in the
' minor dredging to remove obstructions
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 replaced without ,
and oyster digging; and small fish
attraction devices such as open water
materials, construction techniques, or a Section 404 permit provided the fish concentrators (sea kites, etc.). This
current construction codes or safety
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 activities in waters of the US associated wetlands or sites that support
permitted, provided the adverse with the replacement of the uplands.) submerged aquatic vegetation (includin
environmental effects resulting from
such repair, rehabilitation, or
The permittee must notify the District
Engineer
in accordance with G
l g
sites where submerged aquatic
i
replacement are minimal. Currently ,
enera
Condition 13, within 12-months of the vegetat
on is documented to exist, but
may not be present in a given year.).
serviceable means useable as is or with date of the damage and the work must This NWP does not authorize artificial
some maintenance, but not so degraded
as to essentially require reconstruction. commence, or be under contract to
commence, within two years of the date reefs or impoundments and semi-
impoundments of waters of the US for
This NWP authorizes the repair,
rehabilitation, or replacement of those of the damage. The permittee should
provide evidence, such as a recent the culture or holding of motile species
such as lobster or the use of covered
structures or fills destroyed or damaged
by storms, floods, fire or other discrete topographic survey or photographs, to
justify the extent of the proposed oyster trays or clam racks. (Sections 10
and 404)
events, provided the repair,
rehabilitation, or replacement is restoration. The restoration of the
damaged areas cannot exceed th • 5. Scientific Measurement Devices,
commenced, or is tinder contract to e
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 Engineer retains the right to gages, title gages, water recording
devices, water quality testing and
of catastrophic events, such as
hurricanes or tornadoes, this two-year determine the extent of the pre-existing
conditions and the extent of an improvement devices and similar
t
t
S
ll
limit may be waived by the District y
restoration work authorized by this s
ruc
ures.
ma
weirs and flumes
constructed primarily to record water
Engineer, provided the permittee can
demonstrate funding, contract, or other permit. Minor dredging to remove
obstructions from the adjacent quantity and velocity are also
authorized provided the dischar
e is
similar delays.
(ii) Discharges of dredged or fill waterbody is limited to 50 cubic yards
below the plane of the ordinary high g
limited to 25 cubic yards and further for
discharges of 10 to 25 cubic yards
material, including excavation, into all
waters of the US to remove accumul
t
d water mark, and is limited to the provided the permittee notifies the
a
e
sediments and debris in the vicinity of, amount necessary to restore the pre-
existing bottom contours of the District Engineer in accordance with the
"Notification" General Condition
and within, existing structures (e.g.,
waterbody. The dredging may not be .
(Sections 10 and 404)
Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2079
' 6, Survey Activities. Survey activities
including core sampling, seismic
exploratory operations, plugging of
seismic shot holes and other
exploratory-type bore holes, soil survey,
sampling, and historic resources
surveys. Discharges and structures
associated with the recovery of historic
resources are not authorized by this
NWP. Drilling and the discharge of
excavated material from test wells for
oil and gas exploration is not authorized
by this NWP; the plugging of such wells
is authorized. Fill placed for roads, pads
and other similar activities is not
authorized by this NWP. The NWP does
not authorize any permanent structures.
The discharge of drilling mud and
cuttings may require a permit under
section 402 of the CWA. (Sections 10
and 404)
-7. Outfall Structures and
Maintenance. Activities related to:
(i) Construction of outfall structures
and associated intake structures where
the effluent from the outfall is
authorized, conditionally authorized, or
specifically exempted, or are otherwise
in compliance with regulations issued
under the National Pollutant Discharge
Elimination System Program (Section
402 of the CWA), and
(ii) Maintenance excavation,
including dredging, to remove
accumulated sediments blocking or
restricting outfall and intake structures,
accumulated sediments from small
impoundments associated with outfall
and intake structures, and accumulated
sediments from canals associated with
outfall and intake structures, provided
that the activity meets all of the
following criteria:
a. The permittee notifies the District
Engineer in accordance with General
Condition 13;
b. The amount of excavated or
dredged material must be the minimum
necessary to restore the outfalls, intakes,
small impoundments, and canals to
original 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 uncles 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 NW11, 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
ie 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
DO[, Minerals Management Service
(MMS).'Such structures shall not-be
placed within the limits of any
designated shipping safety fairway or
traffic separation scheme, except
temporary anchors that comply with the
fairway regulations in 33 CFR 322.5(1).
(Where such limits have not been
designated, or where changes are
anticipated, District Engineers will
consider asserting discretionary
authority in accordance with 33 CFR
330.4(e) and will also review such
proposals to ensure they comply with
the provisions of the fairway regulations
in 33 CFR 322.5(l). Any Corps review
under this permit will be limited to the
effects on navigation and national
security in accordance with 33 CFR
322.5(0). 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. Temporary Recreational
Structures. Temporary buoys, markers,
small floating docks, and similar
structures placed for recreational use
during specific events such as water
skiing competitions and boat races or
seasonal use provided that such
structures are removed within 30 days
after use has been discontinued. At
Corps of Engineers reservoirs, the
reservoir manager mast 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 structures
and the associated excavation, backfill,
or bedding for the utility lines, in all
waters of the US, provided there is no
change in preconstruction contours. A
,'utility line'' is defined as any pipe or
(pipeline for the transportation of any
gaseous, liquid, liquescent, or slurrv
substance, for any purpose, and any
cable, line, or wire for the transmission
for any purpose of electrical energy,
telephone, and telegraph messages, and
radio and television communication
(see Note 1, below). Material resulting
from trench excavation may be
temporarily sidecast (up to three
months) into waters of the US, provided
that the material is not placed in such
a manner that it is dispersed by currents
or other forces. The District Engineer
may extend the period of temporary side
casting not to exceed a total of 180 days,
where appropriate. In wetlands, the top
6" to 12" of the trench should normally
be backfilled'with topsoil from the
trench. Furthermore, the trench cannot
be constructed in such a manner as to
drain waters of the US (e.g., backfilling
with extensive gravel layers, creating a
french drain effect). For example, utility
line trenches can be backfilled with clav
blocks to ensure that the trench does not
drain the waters of the US through
which the utility line is installed. Any
exposed slopes and stream banks must
be stabilized immediately upon
completion of the utility line crossing of
each waterbody.
(ii) Utility line substations: The
construction, maintenance, or
expansion of a substation facility
associated with a power line or utility
line in non-tidal waters of the US,
excluding non-tidal wetlands adjacent
to tidal waters, provided the activity
does not result in the loss of greater than
1/2-acre of non-tidal waters of the US.
(iii) Foundations for overhead utility
line towers, poles, and anchors: The
construction or maintenance of
foundations for overhead utility line
towers, poles, and anchors in all waters
of the US, provided the foundations are
the minimum size necessary and
separate footings for each tower leg
(rather than a larger single pad) are used
where feasible.
(iv) Access roads: The construction of
access roads for the construction and
maintenance of utility lines, including
overhead power lines and utility line
substations, in non-ticlal waters of the
US, excluding non-tidal wetlands
adjacent to tidal waters, provided the
discharges do not cause the loss of
greater than 1/ -acre of non-tidal waters
of the US. Access roads shall be the
minimum width necessary (see Note 2,
below). Access roads must be
constructed So that the length of the
road minimizes the adverse effects on
waters of the US and as near as possible
to preccnstruction contours and
2080 Federal Register/Vol. 67, No. 10/"Illesclay, January 15, 2002/Notices
elevations (e.g., at grade corduroy roads (c) The utility line in waters of the
or geotextile/gravel roads). Access roads US, excluding overhead lines
exc
d expected high flows (properly anchorecl
constructed above [)reconstruction ,
ee
s
500 feet; trees and treetops may be used in low
contours and elevations in waters of the
US must be properl
brid
ed o
(d) The utility line is placed within a
i
di
i
l energy areas); and,
g. The activity is part of a single and
y
g
r
culverted to maintain surface flows.
'' jur
s
ct
ona
area (i.e., water of the US), complete project.
and it runs parallel to a stream bed that Bank stabilization activities in ex
The term
utility line" does not
include activities which drain a water o
is within that jurisdictional area;
f (c) Discharges associated with th cess
of 500 feet in length or greater than an
the US, such as drainage tile, or french
d e
construction of utility line substations average of one cubic yard per running
foot may be authorized if the permittee
rains; however, it does apply to pipes that result in the loss of greater than 1/,r, - notifies the District En
ineer in
conveying drainage from another area.
For the purposes of this NWP
the loss acre of, waters of the US; or
(f) Pel•manent access roads g
accordance with the "Notification"
,
of waters of the US includes the filled General Condition 13 and the District
constructed above grade in waters of the En
gineer determines the activit
area plus waters of the US that are
adversely affected b flooding
by
US for a distance of more than 500 feet.
(o) I ermanent access roads y
m
coplies with the other terms and
,
excavation, or drainage as a result of the constructed in waters of the US with
i conditions of the NWP and the adverse
environmental effects are minimal b
th
project. Activities authorized by mpervious materials. (Sections 10 and 404) o
individually and cumulatively.
paragraph (i) through (iv) may not
exceed a total of 1/2-acre loss of waters
Note 1: Overhead utility lines constructed NWP may not be used for the
channelization of waters of the US
of the US. Water's of the US temporarily
affected by filling, flooding
excavation
over Section 10 waters and utility lines that
are rooted in or under Section 10 waters .
(Sections 10 and. 404)
,
,
or drainage, where the project area is without a discharge of dredged or fill
material require a 'Section 10 permit; except r14. LineorTransportotion Projects.
Activities required for the construction
restored to preconstruction contours
and elevation, is not included in the
for pipes or pipelines used to transport
gaseous
liquid
li
uescent
or sl ,
expansion, modification, or
i
f l
calculation of permanent loss of waters ,
,
q
,
urry
substances over navigable waters of the US, mprovement o
inear transportation
crossings (e.g.
highways
railwa
s
of the US. This includes temporary
constructi
t
which arc considered to be bridges, not
utility lines
and ma
re
uire a
it f ,
,
y
,
trails, airport runways, and taxiways) in
on ma
s (e.g., timber, steel,
geotextile) used during construction and ,
y
q
perm
rom
the USCG pursuant to section 9 of the Rivers
and If
b
A
f waters of the US, including wetlands, if
the activity meets the followin
c
it
i
removed upon completion of the work. ar
ors
ct o
1899. However, any
discharges of dredged or fill material g
r
er
a:
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
conversion of a forested wetland to a Note 2: Access roads used for both
construction and maintenance may he in non-tidal waters, provided the
discharge does not cause the loss of
herbaceous wetland in the permanently
maintained utility line right-of-way, authorized, provided they meet the terms and
conditions of this NWP. Access roads used greater than 1/2-acre of waters of the US;
(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 he removed upon completion of the work and does not cause the loss of greater than
minimal level, the area restored to preconstruction contours,
elevations
and wetland conditi 1/3-acre of waters of the US.
Mechanized land clearino necessary
v Y
for the construction, maintenance, or ,
ons.
Temporary access roads for construction may
be authorized by NWP 33. b. The permittee must notify the
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) The discharge causes the loss
foundations for overhead utility lines, ,
the PCN and MVP verification will be sent greater than %ro-acre of waters of the [7S;
the
and access roads is authorized, provided by the Corps to the National Oceanic and or
the cleared area is kept to the minimum Atmospheric Administration (NOAH), (2) There is a discharge in a special
necessary and pr,e'construction contours National Ocean Service (NOS), for charting aquatic site, including wetlands;
are maintained as near as possible. The the utility line to protect navigation. c. The notification must include a
area of waters of the US that is filled •13. Bank Stabilization. Bank compensatory mitigation proposal to
,
excavated, or flooded must be limited to stabilization activities necessary for offset permanent losses of waters of the
the mininumt necessary to construct the erosion prevention provided the activity US to ensure that those losses result
utility line, substations, foundations, meets 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 statement
be removed to upland areas tlaitiimttrll needed for erosion protection; describing how temporary losses will be
immediately upon completion of b. The bank stabilization activity is minimized to the nlaximunt extent
construction. This NWP may authorize less than 500 feet in length; practicable;
utility lilies in or affecting navigable c. The activity will not exceed an d. For clisclaarges in special aquatic:
waters of the US even if there is no
asso
i
t
d di
h
n average of one, cubic yard per running
foot placed along the bank helow the sites, including wetlands, and stream
riffle and pool com
lexes
th
c
a
e
sc
arge of dredged
till
material (See 33 CFR - part 322).
Platte of the ordinary high water mark p
,
e
notification must include a delineation
Notification: The permittee most
notify the District En
ineer in or the high tide line;
d. No material is placed in any special of the affected special aquatic sites;
C. The width of the fill is limited to
g
accordance with General Condition 13 aquatic site, including wetlands; the nriuimu[1t necessary for the crossing;
,
if any of the followin
criteria are m
t e. No material is of the type, or is f. This permit does not authorize
g
e
:
(.) i t,chnnizcd 1 ncl c:lcarin
ill n [)laced in any location, or in any stream channelization, and the
f;
forested wetland for the utility line ntannor, to i[npair surEn:e water flow
i
t authorized activities [oust not cause
right-of-way; n
o or out of any wetland area; more than minimal changes to the
(b) A Section 10 permit is required; F. No material is placed in a manner
that will be eroded b
normal o hydraulic flow characteristics of the
y
r stream, increase flooding, or cause more
Federal Register / Vol. 67, No. 10 /'T'uesday, January 15, 2002/Notices 20131
than rrrininral 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 farm 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 NWP 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. Fly'droporver 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 (FF.RC) 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..MinorDischarges. 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'/io-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 US 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 CFR 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 40.1)
19. Minor Dredging. Dredging of no
nrore than 25 cubic yards below the
plane of the ordinary high water mark
or the mean high water mark from
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 submerged
aquatic: vegetation is documented to
exist, but may not be present in a given
year), anadromous fish spawning areas,
or wetlands, or the connection of canals
or other artificial waterways to
navigable waters of the US (see 33 CF'R
322.50)). (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 Hazardous Substances Pollution
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 Miming 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 NMVF',
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))
tvfitigation: In determining the need
for as well as the level and type of
mitigation, the District Engineer will
ensure no more than minimal 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
state has required mitigation for the loss
of aquatic habitat, the Corps may
consider this in determining appropriate
mitigation under Section 404. (Sections
10 and 404)
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 within the form prior to the discharge of bed and/or banks to restore or create
NWP does not authorize the removal of
concrete, sand, rock, etc. This NWP
vessels listed or determined eligible for does not authorize filled stru
t
l strearn meanders; the backfilling of
listing on the National Register of
Historic Places unless the District
E c
ura
members that would support building
building pads, homes
house
ads artificial channels and drainage ditches;
s, the removal of existing drainage
ngineer is notified and indicates that
there is compliance with the "Historic
" ,
p
,
parking areas, storage areas and other
such structures. The structure it
lf structures; the construction of small
nesting islands; the construction of open
Properties
General Condition. This
NWP does not authorize mainte se
ma
require a Section 10 permit if located i y water areas; the construction of oyster
n habitat over unvegetated bottom i
tid
l
nance
dredging, shoal removal, or riverbank navigable waters of the US. (Section
404) n
a
waters; activities needed to reestablish
snagging. Vessel disposal in waters of
the US may need a
ermit from EPA 26. [Reserved)
27
S vegetation, including plowing ie discing
for seed bed preparation and the
p
(see 40 CFR 229.3). (Sections 10 and .
tream and Wetland Restoration
Activities. Activities in waters of the U S planting of appropriate wetland species;
404)
23. Approved Categorical Exclusions associated with the restoration of former mechanized land clearing to remove
d non-native invasive, exotic or nusiance
. waters
the enhancement
f d
g
d
Activities undertaken, assisted,
authorized, re ulated
funded
or
g ,
o
e
ra
e
tidal and non-tidal wetlands and
i vegetation; and other related activities.
This NWP does not authorize the
,
,
financed, in whole or in part, by anothe r
parian areas, the creation of tidal and
r non-tidal wetlands and ri
i conversion of a stream to another
Federal agency or department where par
an areas,
and the restoration and enhanceme
t aquatic use, such as the creation of an
f i
that agency or department has
determined, pursuant to the Council on n
o
non-tidal streams and non-tidal open mpoundment for waterfowl habitat,
"Phis NWP does not authorize stream
Environmental Quality Regulation for water areas as follows:
(a) The activity is conducted on
c
r
This NWP does not
:
Implementing the Procedural Provisions (1) Non-Federal public lands and
.
of the National Environmental Policy private lands
in acc
d utho
thoriize the c the c
au
onversion cnatural
wetlands to another
aquatic use, such as
Act (NEPA) (40 CFR part 1500 et se
that the activity, work, or discharges ,
or
ance with the
terms and conditions of a binding
wetland enhancement
restoration creation o waterfowl impoundments
where a forested wetland previously
categorically excluded from
environmental documentation, because ,
, or
creation agreement between the
landowner and the U
S
Fish and the existed. However, this NWP aters, es
relocation
waters,
it is included within a category of .
.
Wildlife Service (FWS) or the Natural tidal wetlands,
i
incl
uding non-tidal
wetlands,
oil
the
actions which neither individually nor
Resources Conservation Service (NRCS) ne
ect site
t
gains
in a
i
cumulatively have a significant effect on
the human environment
and th
Offi ,
the National Marine Fisheries Service,
h quat
c resource functions and
values. For example
this NWP ma
,
e
ce
of the Chief of Engineers (ATTN: CECW-
t
e National Ocean Service, or
voluntary wetland restoration ,
y
authorize the creation
an open water
OR) has been furnished notice of the
agency's or department's a
lication f ,
enhancement, and creation actions
d non-t
wetland, provided the non-ttidalergent
pp
or
the categorical exclusion and concurs ocumented by the NRCS pursuant to
NRCS regulations; or emergent wetland is replaced by
with that determination. Before (2) Reclaimed surface coal min c
reating that wetland type on the project
approval for purposes of this NWP of
an
' e
lands, in accordance with a Surface site. This
rze the
relocation oft dadoes not
l w
t
a
dth
y agency
s categorical exclusions, the
Chief of Engineers will solicit public Mining Control and Reclamation Act
permit issued by the OSM or th a
ers
or
e
conversion of tidal waters, including
comment. In addressing these
comments, the Chief of En
ineers e
applicable state agency (the future tidal wetlands, to other aquatic uses,
such as the conversion of tidal wetlands
g
may
require certain conditions for
authorization of an a
enc
's cate
i
l reversion does not apply to streams or
wetlands created, restored, or enhanced into open water impoundments.
Reversion. For enhancement,
g
y
gor
ca
exclusions under this NWP. (Sections
10 and 404) as mitigation for the raining impacts,
nor naturally due to hydrologic or restoration, and creation projects
conducted under paragraphs (a)(3)
this
24. State Administered Section 404 topographic features, nor for a
mitigation bank); or ,
NWP does not authorize any future
di
h
Progrorn. Any activity permitted by a
(3FAny other public
private or trib
l sc
arge of dredged or fill material
i
d
state administering its own Section 404 ,
a
lands; assoc
ate
with the reversion of the area
permit program pursuant to 33 U.S.C.
(b) Notification: For activities on any to its prior condition. In such cases a
se
arat
i
l
1344(8)-(1) is permitted pursuant to
public or private land that are not p
e perm
t wou
d be required for
section 10 of the Rivers and Harbors Act
of 1899. Those activities that d
t
described by paragraphs (a)(1) or (a)(2) any reversion. For restoration,
enhancement, and creation projects
o no
involve a Section 404 state permit are above, the permittee must notify the
Distri
t E
i conducted turder paragraphs (a)(1) and
not included in this NWP, but certain c
ng
neer in accordance with
General Condition 13
d (a)(2), this NWP also authorizes any
structures will be exempted b section
by
154 of Pub. L, 94-587, 90 Stat. 2917 (33 ; an
(c) Planting of only native species
should occur on the sit future discharge of dredged or fill
material associated with the reversion of
LJ.S.C. 591
(see 33 CFR 322.3(x)(2)).
(Section 10) e.
Activities authorized by this NWP
the area to its documented prior
condition and use (i.e.
prior to the
25. Structural Discharges. Discharges
0 include, to the extent that a Corps
permit is required
but are not limited ,
res
t
o
rati
o
ha
n, enhancement,
nt,
creation
of material such as concrete, sand, rock,
etc., into tightly sealed forms o
ll ,
to: the removal of accumulated mu
a
cti
v
iti
es
).
The
reversion
ust occur
within five years after expiration of a
r ce
s
where the material will be used as a sediments; the installation, removal,
and maintenance of small water control limited term wetland restoration or
structural member for standard pile
supported structures
such as brid
structures, dikes, and berms; the
i creation agreement or permit, even if the
discharge occurs after this NWP expires
,
ges,
transmission line footings, and
nstallation of current deflectors; the
enhancement
restoration
or c
ti
f ,
This NWP also authorizes the reversion
walkways or for general navigation,
such as moorin
cells
includi
th ,
,
rea
on o
riffle and pool stream structure; the of wetlands that were restored,
enhanced, or created on prior-converted
g
,
ng
e
excavation of bottom material from placement of in-strearn habitat
structures; modifications of the st
that
n
r
a
d
l
ream ee
ica
in
ccor
a
nce
with a binding a-
met
a 0
Federal Register / Vol. 67, No. 10 /'T'uesday, January 15, 2002/Notices 2083
between the landowner and NRCS or
FWS (even though the restoration,
enhancement, or creation activity did
riot require a Section 404 permit). The
five-year, reversion limit does not apply
to agreements without time limits
reached under paragraph (a)(1). The
prior condition 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
NWP can be used to authorize compensatory
mitigation projects, including mitigation
banks, provided the permittee notifies the
District Engineer in accordance with General
Condition 13, and the project includes
compensatory mitigation for impacts to
waters of the US caused by the authorized
work. However, this NWP does not authorize
the reversion of an area used for a
compensatory mitigation project to its prior
condition. NWP 27 can be used to authorize
impacts at a mitigation bank, but only in
circumstances where it has been approved
under the Interagency Federal Mitigation
Bank Guidelines.
28. Modifications of Existing Marinas.
Reconfiguration of existing docking
facilities within an authorized marina
area. No dredging, additional slips, clock
spaces, or expansion of anv kind within
waters of the US, is authorized by this
NWP. (Section 10)
29, Single-farnily Housing. Discharges
of dredged or fill material into non-tidal
waters of the LIS, including non-tidal
wetlands for the construction or
expansion of a single-fanlil?, home and
attenclant features (such as a garage,
driveway, storage shed, and/or, septic
field) for an Individual Permittee
provided that the activity meets all of
the following criteria:
a. The
discharge does not cause the
loss of more than':,-acre of non-ticlal
waters of the LIS, including non-tidal
wetlands;
b. The permittee notifies the District
Engineer in accordance with the
"Notification" General Condition;
c. The permittee has taken all
practicable actions to minimize the on-
site and off-site impacts of the
discharge. For example, the location of
the home may need to be adjusted on-
site to avoid flooding of adjacent
property owners;
cf. The discharge is part of a single
and cornplete project; furthermore, that
for any subdivision created on or after
November 22, 1991, the discharges,
authorized tinder this NWP may riot
exceed an aggregate total loss of waters
of the US of'/.,-acre for the entire
subdivision;
e. Ain individual may use this NWT'
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, streams, etc., to preclude water
quality degradation due to erosion and
sedimentation.
For the purposes of this NWP, the
acreage of loss of waters of the US
includes the filled area previously
permitted, the proposed filled area, and
any other waters of the US that are
adversely affected by flooding,
excavation, or drainage as a result of the
project. This NWP authorizes activities
only by individuals; for this purpose,
the term "individual" refers to a natural
person and/or a married couple, but
does not include a corporation,
partnership, or similar entity. For the
purposes of this NWI', 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 arid 404)
30. Xfoist Soil Mann-t-ment for
Wildlife. Discharges of dredged or fill
material and maintenance activities that
are associated with moist soil
management for wildlife performed on
non-tidal Federally-owned or managed,
state-owned or tnanaged property, and
local government agency-owned or
managed property, for the purpose of
continuing ongoing, site-specific,
wildlife management activities where
soil manipulation is used to manage
habitat and feeding areas for wildlife.
Such activities include, but are not
limited to: The repair, maintenance or,
replacement of existing water control
structures; the repair or maintenance of
dikes; and plowing or discing to 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
clegradation due 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 the
"maintenance baseline," as described in
the definition below. Activities
including the discharges of dredged or
fill materials, associated with
maintenance activities in flood control
facilities in any watercourse that has
previously been determined to be
within the maintenance baseline, are
authorized under this MVP. The NWP
does riot 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 404
permit in accordance with 33 CFR
323.2(cl)(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
2084 Federal Register/ Vol. 67, No. 10 /'Tuesday, January 15, 2002/Notices
1
maintenance or for maintenance of the
entire flood control facility by Flowever, if one-time mitigation is
required for impacts associated
ith activity subject to the terms and
submitting
a five year (or less)
maintenance plan w
maintenance activities, the District conditions of this MVP and the
settlerneut agreement, including a
.
Maintenance Baseline: The
maintenance baseline is a descri
tion o Engineer will not delay needed
maintenance, provided the District
f E
i specified completion date; or
(ii) The terms of a final Federal court
p
the physical characteristics (e.g., depth, ng
neer and the permittee establish a
schedule for identification
a
roval decision, consent decree, or settlement
a
r
t
l
width, length, location, configuration, o
design flood capacity
etc
) of a flood ,
pp
,
r development, construction and g
eemen
resu
ting from an
enforcement action brought by the U.S.
,
.
control project within which completion of any such required
mitigation. Once the one-tim under section 404 of the CWA and/or
i
maintenance activities are normally
authorized by NWP 31
subject to a e
mitigation described above has been sect
on 10 of the Rivers and Harbors Act
of 1899; or
,
ny
case-specific conditions required by the
Di completed, or a determination made
that mitigation is not required
no (iii) The terms of a final court
decision
consent decree
ttl
strict Engineer. The District Engineer
wilt approve the maintenance baseline ,
further mitigation will be required for ,
, se
ement
agreement, or non-judicial settlement
based on the approved or constructed
capacity of the flood control facilit maintenance activities within the
maintenance baseline. In determinin, agreement resulting from a natural
resource damage claim brought by a
y,
whichever is smaller, including any
areas where there are no constructed appropriate mitigation, the District
Engineer will give special consideration trustee or trustees for natural resources
(as defined by the National Contingency
channels, but which are part of the
facility. If no evidence of the to natural water courses that have been
included in the maintenance baseline Plan at 40 CF'R subpart G) under section
311 of the Clean Water Act (CWA),
constructed capacity exist, the approved
constructed capacity will be used
Th and require compensatory mitigation
and/or BMPs as appropriate.
E section 107 of the Comprehensive
Environmental Response, Compensation
.
e
prospective permittee will provide
documentation of the
h
sical mergency Situations: In emergency
situations, this NWP may be used to
h and Liability Act (CERCLA or
Superfund), section 312 of the National
p
y
characteristics of the flood control
f aut
orize maintenance activities in
flood control facilities for which no Marine Sanctuaries Act (NMSA), section
1002 of the Oil Pollution A
t
f 199
acility (which will normally consist of
as-built or approved drawin
s) and
maintenance baseline has been c
o
0
(OPA), or the Park System Resource
g
documentation of the design capacities
f
h approved. Emergency situations are
those which would result in an Protection Act at 16 U.S.C. '19jj, to the
extent that a Cor s
ermit is re
i
d
o
t
e flood control facility. The unacceptable hazard to life, a significant p
qu
re
For either
(i)
. ) or (iii) aove
documentation will also include BMPs
to ensure that the impacts to the aquatic
i
loss of property, or an immediate,
unforeseen, and significant economic
,
,
compliance is
a condition of the MVP
itself. Any authorization under this
env
ronment are minimal, especially in
maintenance areas where there ar hardship if action is not taken before a NWP is automatically revoked if the
e no
constructed channels. (The Corps may maintenance baseline can be approved.
In such situations, the determination of permittee does not comply with the
terms of this MVP or the terms of the
request maintenance records in areas
where there has not been recent mitigation requirements, if any, may be
deferred until the emergency has been court decision, consent decree, or
judicial/non-judicial settlement
maintenance.) Revocation or
modification of the final determination
f resolved. Once the emergency has
ended, a maintenance baseline must be agreement or fails to complete the work
by the specified completion date
This
o
the maintenance baseline can only be
done in accordance with 33 CFR 330
5 established expeditiously, and .
NWP does not apply to any activities
.
.
Except in emergencies as described mitigation, including mitigation for occurring after the date of the decision,
below, this NWP can not be used until maintenance conducted during the decree, or agreement that are not for the
the District Engineer approves the emergency, must be required as
appropriate. (Sections 10 and 404) purpose of mitigation, restoration, or
environmental benefit
Before reachin
maintenance baseline and determines
the need for mitigation and any re
ional
32. Completed Enforcement Actions.
A .
g
any settlement agreement, the Corps
g
or activity-specific conditions. Once
determined
the maintenance b
li ny structure, work or discharge of
dredged or fill material, remaining in will ensure compliance with the
provisions of 33 CFR part 326 and 33
,
ase
ne
will remain valid for any subsequent place, or undertaken for mitigation,
r
t
i GFK 330.6 (d)(2) and (e). (Sections 10
reissuance of this NWP. This permit
does not authorize maintena
f es
orat
on, or environmental benefit in
compliance with either: and 404)
33. Temporary Construction, Access
nce o
a
flood control facility that has been (i) The terms of a final written Corps
non-judicial settlement agreement and Dewatering. Temporary structures,
work arid discharges
includin
abandoned. A flood control facility will
be considered abandoned if it h
resolving a violation of section 404 of ,
g
cofferdams, necessary for construction
as
operated at a significantly reduced the CWA and/or section 10 of the Rivers
aril Harbors Act of 1899; or the terms activities or, access fills or dewatering of
construction sites; provided that the
capacity without needed maintenance
being accomplished in a timely manner. of an EPA 309(a) order on consent
resolving a violation of section 404 of associated primary activity is authorized
by the Corps of Engineers or the USCG
Mitigation: The District Engineer will
determine any required mitigation one-
the C4VA, provided that:
a. The unauthorized activity affected ,
or for other construction activities not
subject to the Cor
s or USCG
time only for impacts associated with
maintenance work at the same tirne that no more than 5 acres of non-tidal
wetlands or 1 acre of tidal wetlands p
regulations. Appropriate measures must
be taken to maintain near no
l
the maintenance baseline is approved,
Such one-time miti
ation will b ;
b. The settlement agreement provides rma
downstream flovvs and to minimize
g
e
required when necessary to ensure that for environmental benefits, to an equal
or greater degree, than the flooding. Fill must be of materials, and
placed in a manner
that will
t b
adverse environmental impacts are no
more than minimal
both individ
ll
environmental detriments caused by the ,
no
e
eroded by expected high flows. The use
,
ua
y
and cumulatively. Such mitigation will unauthorized activity that is authorized
by this NWP
and of dredged material may be allowed if
only be required once for any specific
reach of a flood co
t
l ;
c. The District Engineer issues a it is determined by the District Engineer
that it will not cause more than minimal
n
ro
project. verification letter authorizing the adverse effects ou aquatic resources.
Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2085
Temporary fill must he entirely remove(
to upland areas, or dredged material
returned to its original location,
following completion of the
construction activity, and the affected
areas must be restored to the pre-project
conditions. Cofferdams cannot be used
to 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. The activity does not result in a net
loss of wetland acreage. This NWP does
not authorize any discharge of dredged
or fill material related to other cranberry
production activities such as
warehouses, processing facilities, or
parking areas. For the purposes of this
NWP, the cumulative total of 10 acres
will he treasured over the period that
this NWl' is valid. (Section 404)
35. Maintenance Dredging of Gxistino
Basins. Excavation anti removal of
accumulated sediment for maintenance
of existing marina basins, access
channels to marinas or boat slips, and
boat slips to previously authorized
depths or controlling depths for ingress/
egress, whichever is less, provided the
1 dredged material is disposed of at an
upland site acid proper siltation controls
ire used. (Section 10)
36. Boat Ramps. Activities required
for the construction of boat ramps
provided:
a. The discharge into waters of the
U.S. does not exceed 50 cubic yards of
concrete, rock, crushed stone or gravel
into forms, or placement of pre-cast
concrete planks or slabs. (Unsuitable
material that causes unacceptable
chemical pollution or is structurally
unstable is not authorized);
b. The boat ramp does not exceed 20
feet in width;
c. The base material is crushed stone,
gravel or other suitable material;
d. The excavation is limited to the
area necessary for site preparation and
all excavated material is removed to the
upland; and,
e. No material is placed in special
aquatic sites, including wetlands.
Another NWP, Regional General
Permit, or Individual Permit may
authorize dredging to provide access to
the boat ramp after obtaining a Section
10 if located in navigable waters of the
U.S. (Sections 10 and 404)
37. Emergency Watershed Protection
and Rehabilitation. Work done by or
funded bv:
a. The MRCS which is a situation
requiring immediate action under its
emergency Watershed Protection
Program (7 CFR part 624); or
b. The 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 Flozardous and Toxic
Waste. Specific activities required to
effect the containment, stabilization, or
removal of hazardous or toxic waste
materials that are performed, ordered, or
sponsored by a government agency with
established legal or regulatory authority
provided the permittee notifies the
District Engineer in accordance with the
"Notification'' General Condition. For
discharges in special aquatic sites,
including wetlands, the notification
must also include a delineation of
affected special aquatic sites, including
wetlands. Court ordered remedial action
plans or related settlements are also
authorized by this NWP. This N4VP does
not authorize the establishment of new
disposal sites or the expansion of
existing sites used for the disposal of
hazardous or toxic waste. Activities
s undertaken entirely on a
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) site by authority of
CERCLA as approved or required by
EPA, are not required to obtain permits
under section 404 of the CWA or section
10 of the Rivers and Harbors Act.
(Sections 10 and 404)
39. Residential, Commercial, and
Institutional Developments. Discharges
of dredged or fill material into non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters, for the
construction or expansion of residential,
commercial, and institutional building
foundations and building pads and
attendant features that are necessary for
the use and maintenance of the
structures. Attendant features may
include, but are not limited to, roads,
parking lots, garages, yards, utility lines,
stormwater management facilities, and
recreation facilities such as
playgrounds, playing fields, and golf
courses (provided the golf course is an
integral part of the residential
development). The construction of new
ski areas or oil and gas wells is not
authorized by this NWP.
Residential developments include
multiple and single unit developments.
Examples of commercial developments
include retail stores, industrial facilities,
restaurants, business parks, and
shopping centers. Examples of
institutional developments include
schools, fire stations, government office
buildings, judicial buildings, public
works buildings, libraries, hospitals,
and places of worship. The activities
listed above are authorized, provided
the activities meet all of the following
criteria:
a. The discharge does not cause the
loss of greater than 1/2-acre of non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters;
b. The discharge does not cause the
loss of greater than 300 linear-feet of a
strearn 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 r/ro-acre of non-tidal waters
of the US, excluding non-tidal wetlands
adjacent to tidal waters; or
2086 Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices
(2) The discharge causes the loss of of any compensatory mitigation used to include the installation, placement, or
any open waters, including perennial or offset the loss of waters of the US con
t
i
ti
t
f d
n
ermittent streams, below the ordinar
high water mark (see Note
below)
or
y 1A,-acre of emergent wetlands created s
ruc
on o
rainage tiles, ditches,
or levees; mechanized land clearin
;
,
;
(3) The discharge causes the loss of on-site);
j. If there are any open waters or g
laud leveling; the relocation of existing
greater than 300 linear feet of
i
streams within the project area
the serviceable drainage ditches constructed
,
in waters of the US; and similar
ntermittent stream bed. In such case, to permittee will establish and maintain, to activities, provided the permittee
be authorized the District Engineer must the maximum extent practicable
determine that the activity complies ,
wetland or upland vegetated buffers complies with the following terms and
with the other terms and conditions of
the NWP, determine adverse
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 to improve agricultural
individually and cumulative)Yand
waive the limitation on stream im
acts ,
on
easements, protective covenants, or production, the following criteria must
he met if the permittee is an United
p
in wl'Itlllg before the permittee may
proceed; other means of land conservation and
preservation are required to protect and
i
States Department of A
griculture
(USDA) Program participant:
d. For discharges in special aquatic ma
ntain the vegetated buffers
established on th (1) The permittee must obtain a
sites, including wetlands, the
notification must include a delineation e project site.
Only residential, commercial, and
i
i
i categorical minimal effects exemption,
minimal effect exemption
or miti
ati
of affected special aquatic sites;
e. The discharge is part of a sin
nst
tut
onal activities with structures
on the foundation(s) or building pad(s), ,
g
on
exemption from NRCS in accordace
with the provisions of the Food S
ll
complete project;
f, The permittee must avoid a
d authorized by this NWP. The e
Act of 1985, as amended (16 U.S.C. 3801
n
minimize discharges into waters of the
US at the project site to the ma
i compensatory mitigation that
proposal
is required
in paragraph (e) of this NWP et ,q,);
(
2 The discharge into non-tidal
x
mum
extent practicable. The notification,
whets required
must include a writt
may be either conceptual or detailed.
The wetland or upland vegetated buffer wetlands does riot result in the loss of
,/z.
greater than acme of non-tidal
,
en
statement explaining how avoidance
and minimization of losse
f
t
f
required in paragraph W of this NWP
will be d etermined on a case-by-case wetlands on a farm tract;
The permittee must have NRCS
s o
wa
ers o
the US were achieved on the project
site
C
basis by the District Engineer for
addressing water
ualit
Th certified wetland delineation;
(4) The permittee must implement an
.
ompensatory mitigation will
normally be required to offset the losses q
y concerns.
e
required wetland or upland vegetated NRCS-approved compensatory
of waters of the US. (See General
buffer is part of the overall mitigation plan that fully offsets
wetland losses
if re
uired
d
Condition 19.) The notification must
also include a com
ensator
mitig
ti compensatory mitigation requirement
for this NWP. If the project site was ,
q
; an
(5) The permittee must submit a
p
y
a
on
proposal for offsetting unavoidable
previously used for agricultural report, within 30 days of completion of
the authorized work
to the Di
t
i
t
losses of waters of the US. If an
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
errnittee
(b)
mitigation, then the applicant may
submit justification explainin
wh cons
ruct
arm buildings, NWP 39
cannot be used by the developer to p
;
The location of the work; (c) A
d
g
y
compensatory mitigation should not be
required for the District En
ineer' authorize additional activities, This is
more than the acreage limit for N6VP 3g escription of the work; (d) The type
and acreage (or square feet) of the loss
g
s
consideration;
S. When this NWP is used in
impacts to waters of the LIS (i.e., the
combined acreage loss authorized under of wetlands (e.g., 1/3-acre of emergent
wetlands); and (e) The type, acreage (or
conjunction with any other NWP, any
NWPs 39 and 40 cannot exceed 1/1-acre, square feet), and location of
combined total permanent loss of waters
see General Condition 15). compensatory mitigation (e.g. 1/3-acre of
of the US exceeding'Ao-acre requires
that the permittee notify the District
Subdivisions: For residential
subdivisions, the aggregate total loss of emergent wetland on a farm tract;
credits purchased from a mitigation
Engineer in accordance with General
waters of US authorized by NWP 39 can bank); or
b For di
h
Condition 13;
h. Any work authorized by this NWP not exceed 1/2-acre. This includes any
loss of waters associated with sc
arges into non tidal
we
wetlands to improve agricultural
must not cause more tit
an minimal
degradation of water quality or more development of individual subdivision
lots. (Sections 10 and 404)
eria must
production, the followingncrot it a USDA
be met if the permittee is
than minimal changes to the flow Note: Areas where wetland vegetation is Program participant (or a USDA
I
characteristics of any stream (see not present should be determined by the togram 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
loss water mark or bed and bank;. Areas that are aut}lotization under paragraph (a) of this
/ n-acre or less of waters of the LIS,
the
e
itt
waters of the US based oil this criterion
would require a PCN although water is NWP):
(1) The discharge into non tidal
p
rrn
ee must submit a report, within
Po
30 days of completion of the work, to infrequently present in the, stream channel
(except for ephemeral waters
whi
h d wetlatuls does not result its the loss of
the District Engineer that contains the
following information: (i) The nam ,
c
o not
require PCNs). greater than 1/1-acre of non-tidal
we
tltlands on a farm tract;
e,
address, and telephone number of the 40. Agricultural Activities. Discharges
of dredged or fill material int
tid
l (
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 the discharge
;
e
type and acreage of the loss of waters of
h wet
ands adjacent to tidal waters, for
improving ac,
ricultural production and results in the loss of greater than
acre of non tidal wetl
d
t
e US (e.g., 1/12-acre of emergent
wetlands); and (5) The t
e
d
the construction of building pads for an
s;
(3) The notification must include a
yp
an
acreage farm buildings. Authorized activities delineation of affected wetlands; and
Federal Register/ Vol. 67, No. 10/Tuesday, January 15, 7.002 /Notices 2087
(4) The notification must include a discharge qualifies for an exemption ditches to their original dimensions and
compensatory mitigation proposal to
ff
t l
f under section 404(f) of the MA, even configuration, which does not require a
o
se
osses o
waters of the US; or
c. For the construction of building though a categorical minimal effects
exemption, minimal effect exemption, Section 404 permit (see 33 CFR
323.4(x)(3))
This NWP does not
pads for farm buildings, the discharge
does not cause the loss of greater than or mitigation exemption from NRCS .
authorize the relocation of drainage
'h-acre of non-ticlal wetlands that were pursuant to the Food Security Act of
1085, as amended, may he required. ditches constructed in waters of the US;
the location of the centerline of th
in agricultural production prior to
December 23
1985
(i
e
farmed
Activities authorized by paragraphs a.
h e
reshaped drainage ditch must be
,
,
.
.,
wetlands) and the permittee must notify t
rough d. rnay not exceed a total of '/z- approximately the same as the location
acre on a single farm tract. If the site was of the centerline of the ori
inal d
i
the District Engineer in accordance with
General Condition 13
and
used for agricultural purposes and the
w g
ra
nage
ditch. This MVP does not authorize
;
d. Any activity in other waters of the farm o
ner/operator used either
paragraphs a
b
or c
of this MVP to stream channelization or stream
US is limited to the relocation of .,
.,
.
authorize activities in waters of the US relocation projects. (Section 404)
existing serviceable drainage ditches
constructed in non-tidal streams
Thi
to increase agricultural production or 42. Recreational Facilities. Discharges
of dredged or fill material into non-tidal
.
s
NWP does not authorize the relocation construct farm buildings, and the
current landowner wants to use NWl' 39 waters of the US, excluding non-ticlal
of greater than 300 linear-feet of existing
to authorize residential, commercial
or wetlands adjacent to tidal waters, for the
draina-e
ditches s co strutted
servi
bile ,
industrial development activities in construction or expansion of
t
s
treams unless,
drainage
waters of the LIS on the site
the recreational facilities, provided the
ditches constructed in intermittent non- ,
combined acreage loss authorized by activity meets all of the following
tidal streams, the District Engineer
NWPs 39 and 40 cannot exceed '/z acre criteria:
waives this criterion in writing, and the (see General Condition 15)
(Section a The discharge does not cause the
District Engineer has determined that .
404) loss of greater than /z-acre of non tidal
the project complies with all terms and 41. Reshaping Existing Drainage waters of the US, excluding non-tidal
conditions of this NWP, and that any Ditches. Discharges of dredged or fill wetlands adjacent to tidal waters;
adverse impacts of the project on the material into non-tidal waters of the US discharge does not cause the
h. q
aquatic environment are minimal, both
,
excluding non-tidal wetlands adjacent
g
l
loss of greater than
300
li near-feet a
individually and cumulatively. For to tidal waters, to modify the cross- or i
stream bed, unless for intermittent
impacts exceeding 300-linear feet of sectional configuration of currently stream beds this criterion is waived in
impacts to existing serviceable ditches serviceable drainage ditches constructed `'`'citing pursuant to a determination by
constructed in intermittent non-tidal in waters of the US. The reshaping of the District Engineer, as specified
streams, the permittee must notify the the ditch cannot increase drainage below, that the project complies with all
District Engineer in accordance with the
" capacity beyond the original design terms and conditions of this NWP and
Notification" General Condition 13; capacity. Nor can it expand the area that any adverse impacts of the project
and
'' drained by the ditch as originally on the aquatic environment are
e. The term
farm tract" refers to a designed (}.e., the capacity of the ditch minimal, both individually and
parcel of land identified by the Farm must be the same as originally designed cumulatively;
Service Agency. The Corps will identify and it cannot drain additional wetlands c. The permittee notifies the District
other waters of the US on the farm tract. or other waters of the US). Engineer in accordance with the
NRCS will determine if a proposed
agricultural activity meets the terms and Compensatory mitigation is not required
because the work is designed to improve "Notification'' General Condition 13 for
discharges exceeding 300 linear feet of
conditions of paragraph a. of this NWP, water quality (e.g., by regrading the impact of intermittent stream beds. In
except as provided below. For those drainage ditch with gentler slopes, such cases, to be authorized the District
activities that require notification, the which can reduce erosion
increase Engineer nnrst determine that the
District Engineer will determine if a ,
growth of vegetation, increase uptake of activity complies with the other terms
proposed agricultural activity is
authorized by paragra
hs b
c
and/or nutrients and other substances by and conditions of the MVP, determine
h
d
p
.,
.,
d
of this NWP
USDA Pro vegetation, etc.). t
e a
verse environmental effects are
.
.
gram Notification: The permittee must minimal both individually and
participants, requesting authorization for
dischar
es of dred
ed or fill
t
i
l notify the District Engineer in cumulatively, and waive this limitation
g
g
ma
er
a
into waters of the US authoriz
d b accordance with General Condition 13 if in writing before the permittee may
e
y
paragraphs (c) or (d) of this NWP, in greater than 500 linear feet of drainage
ditch will be reshaped. Material proceed;
d. For discharges causing the loss of
addition to paragraph (a), must notify
the District En
ineer in accordance
ith resulting froin excavation may not be greater than I/hn-acre of non-tidal waters
g
w
General Condition 13 and the District permanently sidecast into waters but
may be temporarily sidecast (up to three of the LIS, the perm ittee, notifies the
District Engineer in accordance with
Engineer will determine if the entire
single and complete project is months) into waters of the US, Provided
h General Condition 13;
authorized by this N4VP. Discharges of t
e material is not placed in such a
manner that it is dispersed by currents C. For dischan?es in special aquatic:
sites, including wetlands
the
dredged or fill material into waters of
the US associated with com
letin or other forces. The District Elloineer
t
d
h ,
notification must include a delineation
p
g
required compensatory mitigation are may ex
en
t
e period of temporary
sidecasting not to exceed a total of 180 of affected special aquatic sites;
f. The discharge is part of a single and
authorizes} by this NMI. I Iowever, total clays, where appropriate. In general, this complete project; and
impacts, including other authorized
impacts under this NWP, pray not MVP does not apply to reshaping
drainage ditches constr
t
d i g. Compensatory mitigation will
l
exceed Ore Vz-acre limit of this NWP. uc
e
n
uplands, since these areas are generally norma
ly be required to offset the losses
of waters of the US
The notification
This MVP does not affect, or otherwise not waters of the LIS, and thus no permit .
must also include a compensatory
regulate, discharges associated with
agricultural activities when th from the Corps is required, or to the
i mitigation proposal to offset authorized
e ma
ntenance of existing drainage losses of waters of the US.
ft.
2088 Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
t
For the purposes of this NWP, the
term "recreational facility" is defined a greater than 1/z-acre of non-tidal waters
s of the US, excluding non-tidal wetla
d that are exempt from Section 40,1 permit
a recreational activity that is integrated
into the natural landscape and does not n
s re uireinents);
adjacent to tidal waters; q
f. The permittee must avoid and
kJJt. The discharge does not cause th
substantially change preconstruction
grades or deviate from nat
l l
d e
loss of greater than 300 linear-feet of a minimize discharges 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 i extent practicable, and the notification
the primary function of recreational
facilities does not include th
f n
writing pursuant to a determination by
h must include a written statement to the
District Engineer detailing compliance
e use o
motor vehicles, buildings, or imperviou
surfaces. Examples of recreati
l t
e District Engineer, asspecified
s below, that the project complies with al
t
l with this condition (i.e. why the
discharge must occur waters of the
ona
facilities that may be authorized by this erms and conditions of this NWI and
that any adverse impacts of the project
roject and why additional minimization
NWP include hiking trails, bike paths,
horse paths, nature centers, and on the aquatic environment are
minimal
both indi
id
ll ca
ca
nnot be achieved);
g The stormwater management
campgrounds (excluding trailer parks). ,
v
ua
y and
cumulatively; y facility must comply with General
This NWP may authorize the
construction or expansion of golf c. For discharges causing the loss of
greater than 300 linear feet of Condition 21 and be designed using
BMPs and watershed protection
courses and the expansion of ski areas,
provided the golf course or ski area does intermittent stream beds, the ermittee
notifies the District Engineer in techniques. Examples Wray include
forebays (deeper areas at the upstream
not substantially deviate from natural
landscape contours. Additionally, these accordance with the "Notification"
General Condition 13. In such cases
to end of the at management
facility that would maintained
activities are designed to minimize ,
be authorized the District Engineer must through excavation)), , vegetated buffers,
adverse effects to waters of the US and
determine that the activity complies and siting considerations to minimize
riparian areas through the use of such
with the other terms and conditions of 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 BMP would be
bioengineering methods incorporated
management facilities, vegetated buffers, individually and cumulatively
and into the facility design to benefit water
reduced fertilizer use, etc. The facility ,
waive this limitation in writing before quality and minimize adverse effects to
must have an adequate water quality the permittee may proceed; aquatic resources from storm flows,
management plan in accordance with d. The discharges of dredged or fill especially downstream the facility,
General Condition 9, such as a material for the construction of new that provide, to the maxi mum extent
stormwater management facility, to stormwater management facilities in Practicable, 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
app
authorizes the construction or management facilities or for the mai
ntenance
and
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 causing the loss
of greater than a/io acre of Wort 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 tidal waters
provided the complete project. (Section 44 cha
. ed
Activities. Discharges of
buildings, such as hotels, restaurants,
etc. The construction or expansion of ,
permittee notifies the District Engineer
in accordance with the "Notificatio
" dre
or fill
dredged omaterial into:
(i) Isolated waters; streams where the
playing fields (e.g., baseball, soccer, or
football fields)
bask
tb
ll
d n
General Condition 13. In addition, the
if annual average flow is 1 cubic foot per
second or less, and non-tidal wetlands
,
e
a
an
tennis
courts, racetracks, stadiums, arenas, and not
ication must include:
(1) A maintenance plan. The adjacent to headwater streams, for
the construction of new ski areas are not
authorized by this NWP. (Section 404)
maintenance plan should be in
accordance with state and local aggregate inuring (i.e., sand, gravel, and
crushed arid broken stone) and
43. StorrnwaterManogement
Facilities. Dischar
es of dred
ed
fill
requirements, if any such requirements
i
t associated support activities;
(ii) Lower perennial streams,
g
g
or
material into non-tidal waters of the US, ex
s
;
(2) For discharges in special aquatic excluding wetlands adjacent to lower
excluding non-tidal wetlands adjacent
to tidal waters, for the construction and
sites, including wetlands and
submerged aquatic vegetation
the perennial streams, for aggregate minin
activities (support activities in lower g
maintenance of stormwater management
facilities, including activities for the ,
notification must include a delineation
of affected areas; and perennial streams or adjacent wetlands
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
i
t rs
of the US. Maintenance in constructed headwater wetlands adjacent to headwater streams,
for hard rock/mineral minin
activiti
ma
n
enance of water control structures,
outfall structures and emergency
areas will not require mitigation
provided such maintenance is es
gu
(i.e., extraction of metalliferos ores
spillways; arid the maintenance
dredgin
of existin
t
accomplished in designated
i from subsurface locations) and
associated support activities, provided
g
g s
ormwater
management ponds/facilities and ma
ntenance areas and not within
compensatory mitigation areas (i
e the discharge meets the followin
g
detention and retention basins,
provided the activit
meets all of th .
.,
District Engineers may designate non-
m
i
t criteria:
a. The mined area within waters of
y
e
following criteria: a
n
enance areas, normally at the
downstream end of the stormw
t the US, plus the acreage loss of waters
a. The discharge for the construction
of new stormwater mana
em
t a
er
management facility, in existing of the US resulting from support
activities, cannot exceed a/z-acre;
g
en
facilities does not cause the loss of stormwater management facilities). (No
mitigation will be required for activities b. The permittee must avoid and
minimize discharges into waters of the
Federal Register/Vol. 67, No. 10 /'Tuesday, January 15, 2002/Notices 2089
US at the project site to the maximum
extent practicable, and the notification
must include a written statement
detailing compliance with this
condition (i.e., why the discharge must
occur in waters of the US and why
additional minimization cannot be
achieved);
c. In addition to General Conditions
17 and 20, activities authorized by this
permit must not substantially alter the
sediment characteristics of areas of
concentrated shellfish beds or fish
spawning areas. Normally, the
mandated water quality management
plan should address these impacts;
d. The permittee must implement
necessary measures to prevent increases
in stream gradient and water velocities
and to prevent adverse effects (e.g., head
cutting, bank erosion) to upstream and
downstream channel conditions;
e. Activities authorized by this permit
must not result in adverse effects on the
course, capacity, or condition of
navigable waters of the US;
f. The permittee must use measures to
minimize downstream turbidity;
g. Wetland impacts must be
compensated through mitigation
approved by the Corps;
h. Beneficiation and mineral
processing for hard rock/mineral mining
activities may not occur within 200 feet
of the ordinary high water mark of any
open waterbody. Although the Corps
does not regulate discharges from these
activities, a CWA section 402 permit
may be required;
i. All activities authorized must
comply with General Conditions 9 and
21. Further, the District Engineer may
require modifications to the required
water quality management plan to
ensure that the authorized work results
in minimal adverse effects to water
quality;
j. Except for aggregate mining
activities in lower perennial streams, no
aggregate mjning 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 miming can occur in areas
Miniediately adjacent to the ordinary
high water mark of a stream where the
average annual flow is 1 cubic foot per
second or less);
k. Single and complete project: The
discharge must be for a single and
complete project, including support
activities. Discharges of dredged or fill
material into waters of the US for
multiple mining activities on several
designated parcels of a single and
complete mining operation can be
authorized by this NWP provided the
'/z-acre limit is not exceeded; and
1. Notification: The permittee must
notify the District Engineer in
accordance with General Condition 13.
The notification must include: (1) A
description of waters of the US
adversely affected by the project; (2) A
written statement to the District
Engineer detailing compliance with
paragraph (b), above (i.e., why the
discharge must occur in waters of the
US and why additional minimization
cannot be achieved); (3) A description of
measures taken to ensure that the
proposed work complies with
paragraphs (c) through (f), above; and (4)
A reclamation plan (For aggregate
mining in isolated waters and non-tidal
wetlands adjacent to headwaters and
hard rock/mineral minitto only).
This NWP does not autiorize hard
rock/mineral mining, including placer
mining, in streams. No hard rock/
mineral mining can occur in waters of
the US within 100 feet of the ordinary
high water mark of headwater streams.
The term's ''headwaters" and "isolated
waters'' are defined at 33 CFR 330.2(d)
and (e), respectively. For the purposes
of this MVP, 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 anv
authorization by an NWP to be valid:
1. Navigation. No activity may cause
more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure
or fill authorized shall be properly
maintained, including maintenance to
ensure public safety.
3. Soil Erosion and Sediment
Controls. Appropriate soil erosion and
sediment controls must be used and
maintained in effective operating
condition 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 tllovernents. No
activity may substantially disrupt the
necessary life-cycle movements of those
species of aquatic life indigenous to the
waterbody, including those species that
normally migrate through the area,
unless the activity's primary purpose is
to impound water. Culverts placed in
streams must be installed to maintain
low flow conditions.
5. Equipment. Heavy equipment
working in wetlands must be placed on
mats, or other measures must be taken
to minimize soil disturbance.
6. Regional and Case-By-Case
Conditions. The activity must comply
with any regional conditions that may
have been added by the Division
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 Zone
Management Act consistency
determination.
7. Wild and Scenic Rivers. No activity
may occur in a component of the
National Wild and Scenic River System;
or in a river officially designated by
Congress as a "study river i 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 fishin;
and hunting rights.
9. Water Quality. (a) In certain states
and tribal lands an individual 401 Water
Quality Certification must be obtained
or waived (See 33 CFR 330.4(c)).
(b) For NWPs 12, 14, 17, 18, 32, 39,
40, 42, 43, and 44, where the state or
tribal 401 certification (either
generically or individually) does not
require or approve water quality
management measures, the permittee
must provide water quality management
measures that will ensure that the
authorized work does not result in more
than minimal degradation of water
quality (or the Corps determines that
compliance with state or local
standards, where applicable, will ensure
no more than minimal adverse effect on
water quality). An important component
of water quality management includes
stormwater management that minimizes
degradation of the downstream aquatic
system, including water quality (refer to
General Condition 21 for stormwater
2090 Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
management requirements). Another
important component of water quality endspp.html and http.1Av ov.nfms.gov/ written notice from the District or
prot
res/esohome
html res
ecti
l
management is the establishment and _
.
p
ve
y.
12. Historic Pro
erties
N
i
i Division Engineer. Subsequently, the
maintenance of vegetated buffers next t
open waters, including streams (refer to p
.
o act
v
ty
o which may affect historic properties
listed
or eli
ible fo
li
ti
i permittee's right to proceed raider the
NWP may be modified, suspended, or
General Condition 19 for vegetated ,
g
r
s
ng,
n the
National Register of Historic Places is revoked only in accordance with the
buffer requirements for the NWPs),
authorized, until the District Engineer procedure set forth in 33 CFR
This condition is only applicable to
projects that have the potential to affect
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 in 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.
10, Coastal Zone Management. In eligible, or which the prospective
permittee has reason to believe may be (2) Location of the proposed project;
Brief description of the proposed
certain states, an individual state coasta l eligible for listing on the National of
Project; the project's purpose; direct and
zone management consistency Register of Historic Places, and shall no
concurrence must be obtained or waived begin the activity until notified by the t indirect adverse environmental effects
the project would cause; any other
(see Section 330.4(cl)). District Engineer that the requirements NWP(s), Regional General Permit(s), or
11. Endangered Species. (a) No
activity is authorized under any NWP of the National Historic Preservation Ac
have been satisfied and that the activity t Individual Permit(s) used or intended to
be used to authorize any part of the
which is likely to jeopardize the is authorized. Information on the proposed project or any related activity.
continued existence of a threatened or location and existence of historic Sketches should be provided when
endangered species or a species resources can be obtained from the State necessary show that the activity
proposed for such desi
nation
as Historic Preservation Office and the complies wi th the terms of the NWP
,
g
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 PCN 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(0);
(5) For NWP 7 (Outfall Structures and
of the ESA have been satisfied and that terms of the NWP, the prospective Maintenance), the PCN must include
the activity is authorized. For activities Permittee must notify the District information regarding the original
that may affect Federally-listed Engineer with a preconstruction design capacities and configurations of
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
t the notification is complete within 30 proposed;
the endangered
threatened species
re days of the elate of receipt and can (6) For NWP 14 (Linear
that may be affected
the proposed request additional information Transportation Crossings), the PCN
work or that utilize the designated necessary to make the YCN complete must include a compensatory mitigation
critical habitat that may be affected by only once. However, if the prospective proposal to offset permanent losses of
the proposed work. As a result of formal 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 NMF'S the District Engineer may add Engineer will notify the prospective waters of the US will be minimized to
species-specific regional endangered Permittee that the notification is still the maximum extent practicable;
species conditions to the NWPs incomplete and the PCN review process (7) For NWP 21 (Surface Coal Mining
.
(b) Authorization of an activity by a will riot commence until all of the Activities), the PCN must include an
NWl does not authorize the "take" of a
threatened or endangered species as requested information has been received
by the District Engi
neer. The Office of Surface Mining (OSM) or state-
approved mitigation plan, if applicable.
defined under the ESA. In the absence
of separate authorization (e
ESA prospective p b
ittee
erm shall not begin
the activity: To be authorized by this NWP, the
District Engineer must determine that
.g„ an
Section 10 Permit, a Biological Opinion
with "incidental take" provisions
etc
) l
(1) Unti notified in writing by the
District Engineer that the activity may
the activity complies with the terms and
conditions of the NWP and that the
,
.
from the USFWS or the NMF'S
both proceed under the NWP with any adverse environmental effects are
,
lethal and non-lethal "takes" of special conditions imposed by the minimal both individually and
protected species are in violation of the
ESA. Information on the location of District or Division Engineer; or
(2) If notified in writing by the District cumulatively and must notify the
project sponsor of this determination in
threatened and endangered species and
their critical habitat can be
bt
i
d or Division Engineer that an Individual
Permit is required; or writing;
(8) For NWP 27 (Stream and Wetland
o
a
ne
directly from the offices of the USf'WS
d N (3) Unless 45 days have passed front
the District Engineer's receipt of the Restoration), the PCN must include
documentation of the
rior co
diti
f
an
MFS or their world wide web
pages at http://;vwiv.fws.govlr9eiidsppl complete notification and the
ros
ti
h p
n
on o
the site that will be reverted by the
p
pec
ve permittee
as not received permittee;
Federal Register/Vol. G7, No. 10 /Tuesday, January 15, 2002 / Notir.es 9nni
(9) For MVP 29 (Single-Family
Housing), the PCN must also include:
(i) Any past use of this NVVP by the
Individual Perrnittee and/or the
permittee's spouse;
(ii) A statement that the single-family
housing activity is for a personal
residence of the permittee;
(iii) A description of the entire parcel,
including its size, anti a delineation of
wetlands. For the purpose of this NWP,
parcels of land measuring'/4-acre or less
will not require a formal on-site
delineation. However, the applicant
shall provide an indication of where the
wetlands are and the amount of
wetlands that exists on the property. For
parcels greater than 1/4-acre in size,
formal wetland delineation must be
prepared in accordance with the current
method required by the Corps. (See
paragraph 13(f));
(iv) A written description of all land
(including, if available, legal
descriptions) owned by the prospective
permittee and/or the prospective
permittee's spouse, within a one mile
radius of the parcel, in any form of
ownership (including any land owned
as a partner, corporation, joint tenant,
co-tenant, or as a tenant-by-the-entirety)
and any land on which a purchase and
sale agreement or other contract for sale
or p?urchase has been executed;
`10) For MVP 31 (Maintenance of
Existing Flood Control Projects), the
prospective permittee must either notify
the District Engineer with a PCN prior
to each maintenance activity or submit
a five year (or less) maintenance plan.
In addition, the PCN must include all of
the following:
M Sufficient baseline information
identifying the approved channel
depths and configurations and existing
facilities. Minor deviations are
authorized, provided the approved flood
control protection or drainage is not
increased;
(ii) A delineation of any affected
special aquatic sites, including
wetlands; and,
(iii) Location of the dredged material
disposal site;
(11) For MVP 33 (Temporary
Construction, Access, and Dewatering),
the PCN must also include a restoration
plan of reasonable measures to avoid
and minimize adverse effects to aquatic
resources;
(12) For NWI's 39, 43 and 44, the PCN
must also include a written statement to
the District Engineer explaining ho%v
avoidance and minimization for losses
of waters of the US were achieved on
the project site;
(13) For MVP 39 arid MVP 42, the
PCN must include a compensatory
mitigation proposal to offset losses of
waters of the US or justification
explaining why compensatory
mitigation should not be required. For
discharges that cause the loss of greater
than 300 linear feet of an intermittent
stream bed, to be authorized, the Distri
Engineer must determine that the
activity complies with the other terms
and conditions of the NWP, determine
adverse environmental effects are
minimal both individually and
s cumulatively, and waive the limitation
on stream impacts in writing before the
perrnittee may proceed;
(14) For NWP 40 (Agricultural
Activities), the PCN must include a
compensatory mitigation proposal to
offset losses of waters of the US. This
NWP does not authorize the relocation
of greater than 300 linear-feet of existing
serviceable drainage ditches constructed
in non-tidal streams unless, for drainage
ditches constructed in intermittent non-
tidal streams, the District Engineer
waives this criterion in writing, and the
District Engineer has determined that
the project complies with all terms and
conditions of this NWP, and that any
adverse impacts of the project on the
aquatic environment are minimal, both
individually and cumulatively;
(15) For NMI 43 (Stormwater
Management Facilities), the PCN must
include, for the construction of new
Stormwater management facilities, a
maintenance plan (in accordance with
state and local requirements, if
applicable) and a compensatory
mitigation proposal to offset losses of
waters of the US. For discharges that
cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be
authorized, the District Engineer must
determine that the activity complies
with the other terms and conditions of
the N4VP, determine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the perrnittee may
proceed;
(16) For NWP 44 (Mining Activities),
the PCN must include a description of
all waters of the US adversely affected
by the project, a description of measures
taken to minimize adverse effects to
waters of the US, a description of
measures taken to comply with the
criteria of the NMI, and a reclamation
plan (for all aggregate mining activities
in isolated waters aril non-tidal
wetlands adjacent to headwaters and
any hard rock/mineral mining
activities);
(17) For activities that may adversely
affect Federally-listed endangered 0r
threatened species, the PCN must
include the name(s) of those endangered
or threatened species that may be
affected by the proposed work or utilize
the designated critical habitat that may
be affected by the proposed work; and
(18) For activities that may affect
historic properties listed in, or eligible
ct for listing in, the National Register of
Historic Places, the PCN must state
which historic property may be affected
by the proposed work or include a
vicinity map indicating the location of
the historic property.
(c) Form of Notification: The standard
Individual Permit application form
(Form ENG 4345) may, be used as the
notification but must clearly indicate
that it is a PCN and must include all of
the information required in (b) (1)-(18)
of General Condition 13. A letter
containing the requisite information
may also be used.
(d) District Engineer's Decision: In
reviewing the PCN for the proposed
activity, the District Engineer will
determine whether the activity
authorized by the NWP will result in
more than minimal individual or
cumulative adverse environmental
effects or may be contrary to the public
interest. The prospective perrnittee may
submit a proposed mitigation plan with
the PCN to expedite the process. The
District Engineer will consider any
proposed compensatory mitigation the
applicant has included in the proposal
in determining whether the net adverse
environmental effects to the aquatic
environment of the proposed work are
minimal. If the District Engineer
determines that the activity complies
with the terms and conditions of the
NWP and that the adverse effects on the
aquatic environment are minimal, after
considering mitigation, the District
Engineer will notify the permittee and
include any conditions the District
Engineer deems necessary. The District
Engineer must approve any
compensatory mitigation proposal
before the permittee commences work.
If the prospective perrnittee is required
to submit a compensatory mitigation
proposal with the PCN, the proposal
may be either conceptual or detailed. If
the prospective permittee elects to
submit a compensatory mitigation plan
with the PCN, the District Engineer will
expeditiously review the proposed
compensatory mitigation plan. The
District Engineer must review the plan
within 45 days of receiving a complete
PCN and determine whether the
conceptual or specific proposed
mitigation would ensure no more than
minimal adverse effects on the aquatic
environment. If the net adverse effects
of the project on the aquatic
environment (after consideration of the
compensatory mitigation proposal) are
determined by the District Engineer to
2092 Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices
be minimal, the District Engineer will on the notification. The District
provide a timely written response to the Engineer will fully consider agenc
the proximity of a public water supply
i
t
k
applicant. The response will state that
the project can proceed under the terms y
n
a
e except where the activity is for
comments received within the specified repair of the public water supply intake
time frame
b
t
ill
and conditions of the NWP.
If the District Engineer determines ,
u
w
provide no
response to the resource agency, except structures or adjacent bank stabilization.
17. Shellfish Beds. No activity
that the adverse effects of the ro osed
as provided below. The District
n-ineer
will indicte in
h ,
inc
structures and work in
work are more than minimal, then the
District Engineer will notify the record asso
ated with
h navigable waters of the US or discharges
dredged
fill material
may occur in
applicant either: (1) That the project eac
notification that the resource
agencies' concerns were considered
A ar
c
,
areas of concentrated shellfish
does not qualify for authorization under
the NWP and instruct the applicant on s
.
required by section 305(b)(4)(I3) of the
M populations, unless the activity is
directly related to a shellfish harvestin
the procedures to seek authorization agnuson-Stevens Fisher
Conservation and Management Act
the g
activity authorized
NWP
by 4,
under an Individual Permit; (2) that the ,
District Engineer will provide a r
i
c
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
of dredged le fill material, may consist
of unsuitable material (e.g., trash,
environment to the minimal level; or (3)
that the
roje
t i
th the Corps multiple copies of debris, car bodies, asphalt, etc.) and
mat
i
l
d f
p
c
s au
orized under the
N?VP with specific modifications or notifications to expedite agency
notification er
a
use
or be free froconstruction or
discharged 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
(I/1-acre in size). The permittee may ask below when determining the
acceptability of appropriate and
period. The authorization will include
the necessary conceptual or specific the Corps to delineate the special
a
uatic sit
Th
b practicable mitigation necessary to
offset adverse effects on the a
uati
mitigation or a requirement that the q
e.
ere may
e some dela
y
if the Corps does the delineation q
c
environment that are more than
applicant submit a mitigation proposal
that would reduce the adverse effects on .
Furthermore, the 45-day period will not
start until the wetland delineation has minimal.
(a) The project must
designed and
the aquatic environment to the minimal
level. When conceptual mitigation is been completed and submitted to the
Corps, where appropriate constructed tt avoid and minimize
and
adverse effects
waters
the
to the to of US
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).
in waters of the US will occur until the verification from the Corps will submit on
(b) Mitigation in all its forms
District Engineer has approved a
specific miti
ation
lan a signed certification regarding the (avoiding, minimizing, rectifying,
d
g
p
.
(e) Agency Coordination: The District completed work and any required
mitigation. The certification will be re
ucing or compensating) will be
required to the extent necessary to
Engineer will consider any comments
from Federal and state agencies forwarded by the Corps with the ensure that the adverse effects to the
concerning the proposed activity's authorization letter and will include:
(a) A statement that the authorized aquatic environment are minimal.
(c) Compensatory mitigation at a
compliance with the terms and
conditions of the NWPs and the need f work was done in accordance with the minimum one-for-one ratio will be
or
mitigation to reduce the project's
adverse environme
t
l
ff Corps authorization, including any
general or specific conditions; required for all wetland impacts
requiring a PCN, unless the District
n
a
e
ects to a
minimal level (b) A statement that any required Engineer determines in 1?Titin0 that
.
For activities requiring notification to
the District Engineer that result in th mitigation was completed in accordance
with the permit conditions; and some other form of mitigation would be
more environmentally appropriate and
e
loss of greater than 1/2-acre of waters of
the US, the District Engineer will (c) The signature of the permittee
certifying the completion of the work provides a project-specific waiver of this
requirement. Consistent with National
provide immediately (e.g., via facsimile and mitigation.
15. Use of Multiple Notion wide policy, the District Engineer will
establish a preference for restoration of
transmission, overnight mail, or other
expeditious manner) a copy to the Permits. The use of more than one NWP
f
i
l wetlands as compensatory mitigation,
appropriate Federal or state offices or a s
ng
e and complete project is
prohibited, except when the acreage loss 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
NWPs does not exceed the
g
li
i .
(d) Compensatory mitigation (i.e.,
l
Preservation Officer (SHPO , and, if )
appropriate, the NMFS)
With the acrea
e
m
t
of the NWF with the highest specified rep
acement or substitution of aquatic
resources for those impacted) will not
.
exception of NWP 37, these agencies
l acreage limit (e.g. if a road crossing over
tidal waters is constructed under NWP be used to increase the acreage losses
allowed by the acreage limits of
f
wi
l then have 10 calendar days from
the date the material is transmitt
d t 14, with associated bank stabilization 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-acre loss of wetlands to a 1/
-
l
notice that they intend to provide
substantive, site-specific comments
if
total project cannot exceed 1h-acre).
1
W 2
acre
oss
associated with NWP 39 verification.
,
so contacted by an agency, the District
E
i
ll 6.
ater Supply Intakes. No activity,
including structures and work in I Iowever, 1h-acre of created wetlands
can be used to reduce the im
acts of a
ng
neer wi
wait an additional 15
calendar days before making a decision navigable waters of the US or discharges
of dredged or fill material
i p
1/L-acre loss of wetlands to the mininnim
, may occur
n impact level in order to meet the
Federal Register / Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2093
minimal impact requirement associated
with NWp accomplishing and/or complying with discharges of dredged or fill material,
s.
(e) To be practicable, the mitigation the mitigation plan.
20. Spawning Areas. Activities, into breeding areas for migratory
waterfowl roust be avoided to the
roust be available and capable of being
done considering costs, existing including structures and work in
navigable waters of the US or discharges maximum extent practicable.
24. Removal of Temporary Fills. Any
technology, and logistics in light of the.
overall project purposes. Examples of of dredged or fill material, in spawning
areas during spawning seasons must be temporary fills must be removed in their
entirety and the affected areas returned
mitigation that may be appropriate and avoided to the maximum extent - to their preexisting elevation.
practicable include, but are not limited practicable. Activities that result in the 25. Designated Critical Resource
to: reducing the size of the project; physical destruction (e.g., excavate, fill, Waters. Critical resource waters include
establishing and maintaining wetland or
or smother downstream by substantial ,
NOAA-designated marine sanctuaries
upland vegetated buffers to protect open
turbidity) of an important spawning area ,
National Estuarine Research Reserves
waters such as streams; and replacing
are not authorized. ,
National Wild and Scenic Rivers
losses of aquatic resource functions and
21. Management of Water Flows. To ,
critical habitat for Federally listed
values by creating, restoring, enhancing, the maximum extent practicable, the threatened and endangered species,
or preserving similar functions and activity must be designed to maintain coral reefs, state natural heritage sites
values, preferably in the same
preconstruction downstream flow ,
and outstanding national resource
watershed. conditions (e.g., location, capacity, and waters or other waters officially
(E) Compensatory mitigation plans for flow rates). Furthermore, the activity designated by a state as having
projects in or near streams or other open must not permanently restrict or impede
the
assa
e
f
l particular environmental or ecological
waters will normally include a p
g
o
norma
or expected high significance and identified by the
requirement for the establishment, flows (unless the primary purpose of the District Engineer after notice and
maintenance, and legal protection (e. g., fill is to impound waters) and the opportunity for public comment. The
easements, deed restrictions) of structure or discharge of dredged or fill District Engineer may also designate
vegetated buffers to open waters. In material must withstand expected high additional critical resource waters after
many cases, vegetated buffers will be flows. The activity must, to the notice and opportunity for comment.
the only compensatory mitigation maxirnunt extent practicable, provide (a) Except as noted below, discharges
required. Vegetated buffers should for retaining excess flows from the site, of dredged or fill material into waters of
consist of native species. The width of provide for maintaining surface flow the US are not authorized by NWT's 7,
the vegetated buffers required will rates from the site similar to 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42,
address documented water quality or preconstruction conditions, and provide 43, and 44 for any activity within, or
aquatic habitat loss concerns. Normally, for not increasing water flows from the directly affecting, critical resource
the vegetated buffer will be 25 to 50 feet project site, relocating water, or waters, including wetlands adjacent to
wide on each side of the stream, but the redirecting water flow beyond such waters. Discharges of dredged or
District Engineers may require slightly
g
wider veetated buffers to address trea
cphannelizirng will be reduced to the
g
wate
f the
bet umaterials thorizedtby the above NWPs in ay
Y
documented water quality or habitat minimal amount necessary, and the National Wild and Scenic Rivers if the
loss concerns. Where both wetlands and activity must, to the maximum extent activity complies with General
open waters exist on the project site, the
Corps will determine the appropriate practicable, reduce adverse effects such
as flooding or erosion downstream and Condition 7. Further, such discharges
may be authorized in designated critical
compensatory mitigation (e.g., stream upstream of the project site, unless the habitat for Federally listed threatened or
buffers or wetlands compensation) activity is part of a larger system
desi
ned to mana
t
fl endangered species if the activity
based on what is best for the aquatic
at g
ge wa
er
ows. In most complies with General Condition 11 and
environment
a watershed basis. In
cases where vegetated buffers are cases, it will not be a requirement to
conduct detailed studies and monitoring the USFWS or the NMFS has concurred
in a determination of compliance with
determined to be the most appropriate
form of compensatory mitigation
the of water flow.
This condition is only applicable to this condition.
(b) For Nb1rPs 3, 8, 10, 13, 15, 18, 19,
,
District Engineer may waive or reduce projects that have the potential to affect
waterflows
While a
ro
riate me 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and
38
if
the requirement to provide wetland
compensatory mitigation for wetland .
pp
p
asures
must be taken, it is not necessary to , not
ication is required in
accordance with General Condition 13,
impacts. conduct detailed studies to identify for any activity proposed in the
(g) Compensatory mitigation
pro
osals submitted with th such measures or require monitoring to
ensure their effectiveness. Normally, the designated critical resource waters
including wetlands adjacent to those
p
e
notification'' may be either conceptual Corps will defer to state and local
th
i
i waters. The District Engineer may
or detailed. If conceptual plans are au
or
t
es regarding management of
water flow authorize activities under these NWPs
approved under the verification, then
the Corps will condition the verification .
22. Adverse Effects From only after it is determined that the
impacts to the critical resource waters
to require detailed plans be submitted
d [rrrpoundments. If the activity creates an
impoundment of water, adverse effects will be no more than minimal.
26. Fills Within 100-Year Flood
loi;us
an
approved by the Corps prior to
construction of the authorized activity
to the aquatic system clue to the
acceleration of the passa
e of water p
.
For purposes of this General Condition,
100
fl
d
l
in waters of the US.
(h) Permittees may propose the use of g
,
and/or the restricting its flow shall be
i -year
oo
p
ains will be identified
through the existing Federal Emergency
mitigation banks, in-lieu fee
a m
nimized to the maximum extent
practicable. This includes structures Management Agency's (FENIA) Flood
Insurance Rate Maps or FEMA-approved
rrangements or separate activity-
specific compensatory mitigation. In all and work in navigable waters of the US,
or discharges of dredged or fill material. local floodplain maps.
(a) Discharges in Floodplain; Below
cases that require compensatory
mitigation, the mitigation provisions 23. Waterfawl Breeding Areas.
Activities, including structures and Headwaters. Discharges of dredged or
fill material into waters of the US within
will specify the party responsible for work in navigable waters of the US or the mapped 100-year floodplain, below
i.,
2094 Federal Register / Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
I
headwaters (i.e. five cfs), resulting in
permanent above-grade fills, are not resources for the purpose of
compensating for unavoidable ad change
H
authorized by NWPs 39, 40, 42, 43, and
49. verse,
impacts which remain after all acreage of loss of waters
of the US is the
threshold measurement of the impact to
(b) Discharges in Floodwav; Above
headwaters. Discharges of dred
ed o appropriate and practicable avoidance
and minimization has been achieved.
C
ti
Ti existing waters for determining whether
a project may qualify for an NIVY; it is
g
r
rea
on:
le establishment of a
fill material into waters of the US within wetland or other aquatic resource wher
e not a net threshold that is calculated
the FEMA or locally mapped floodwav, one did not formed exist. after considering compensatory
resulting in permanent above-grade fills
are not authorized by NWPs 39, 40, 42, , Enhancement: Activities conducted i
existing wetlands or other a
uatic n mitigation that may be used to offset
losses of aquatic functions and values.
and 44.
(c) The permittee must comply with q
resources that increase one or more
aquatic functions. The loss of stream bed includes the
linear feet of t
bed that filled or
any applicable FEMA-approved state or F.ptremer'ol Stream: An ephemeral ers
excavated. Waters of the US temporarily
local floodplain management stream has flowing water only during filled, flooded, excavated, or drained,
requirements. and for a short duration after but restored to preconstruction contours
27. Construction Period. For activities ,
precipitation events in a typical year. and elevations after construction, are
that have not been verified by the Corps Ephemeral stream beds are located not included in the measurement of loss
and the project was commenced or above the water table year-round waters of the US. Impacts to
under contract to commence by the .
Groundwater is not a source of water for eph
epemeral waters are only not included
expiration date of the NWP (or the stream. Runoff from rainfall is the title acreage or linear foot
modification or revocation date), the primary source of water for stream flow m
m
urements
lo
ss
of of of
waters
the
work must be completed within 12- .
Form Tract: A unit of contiguous land pu
stre re
bedd
US
or loss of
am
, for th e pr pose
months after such date (including any under one ownership that is operated as of determining compliance with the
modification that affects the project). a farm or part of a farm. threshold limits of the NWPs.
For activities that have been verified Flood Fringe: That portion of the 100- Non-tidal Wetland: A non tidal
and the project was commenced or year floodplain outside of the floodway wetland is a wetland (i.e., a water of the
under contract to commence within the (often
e e
to as "floodway fringe").
US) at is not sjct t the e and
t
e
e
bb
verification period, the work must be o
way:
y: he area regulated by
w
flo
of tidal Ovat
s
The defi ri
on of a
completed by the date determined by Federal, state, or local requirements to wetland can be found at 33 CF'IZ
the Corps. provide for the discharge of the base 328.3(b). Non-tidal wetlands contiguous
For projects that have been verified by flood so the cumulative increase in to tidal waters are located landward of
the Corps, an extension of a Corps water surface elevation is no more than the high tide line (i.e., spring high tide
approved completion date maybe a designated amount (not to exceed one line).
requested. This request must be foot as set by the National Flood Open Water: An area that, during a
submitted at least one month before the Insurance Program) within the 100-year year with normal patterns of
previously approved completion date. floodplain. precipitation, has standing or flowing
D. Further Information Independent Utility: A test to
determine what constitutes a single and water for sufficient duration to establish
an ordinary high water mark
A
uatic
1. District Engineers have authority to
determine if an activity complies with complete project in the Corps regulatory
program. A project is considered to have ,
q
vegetation within the area of standing or
flowing water is either non-emergent
the terms and conditions of an NWP.
independent utility if it would be ,
sparse, or absent. Vegetated shallows are
2. NWPs do not obviate the need to
obtain other Federal, state, or local constructed absent the construction of
other projects in the project area. considered to be open waters. The term
.open water" includes rivers, streams
permits, approvals, or authorizations
Portions of a multi-phase project that ,
lakes, and ponds. For the purposes of
required by law. depend upon other phases of the project the NWPs, this terns does not include
3. NWPs do not grant any property do not have independent utility. Phases ephemeral waters.
rights or exclusive privileges. of a project that would be constructed Perennial Stream: A perennial stream
4. MVPs do not authorize any injury
to the property or rights of others. even if the other phases were not built
can be considered as separate single and has flowing water year-round during a
typical year. The water table is located
5. MVPs do not authorize interference
with any existing or proposed Federal complete projects with independent
utilit above the stream bed for most of the
G
d
project. y.
Intermittent Stream: An intermittent year.
roun
water is the primary source
of water for stream flow. Runoff from
E. Definitions stream has flowing water during certain rainfall is a supplemental source of
Best Management Practices (BMPS):
' times of the year, when groundwater
provides water for stream flow. During water for stream flow.
Permanent Above-
rade Fill
A
BMI
s are policies, practices,
procedures, or structures implemented dry periods, intermittent streams may
not have flowi g
:
discharge of dredged or fill material into
to mitigate the adverse environmental
effects on surface water
ualit
lti ng water. RUllOff from
rainfall is a supplemental source of waters of the US, including wetlands,
that results in a substantial increase in
q
y resu
ng
from development. BMPs are water for stream flow.
Goss of Waters of the US: Waters of ground elevation and permanently
converts part or all of the waterbod
t
categorized as structural or non-
structural. A BMP policy may affect the
the US that include the filled area and
other waters that are
ermanentl y
o
dry land. Structural fills authorized by
NWP
limits on a development.
Compensatory Xlitigotion: For p
y
adversely affected by flooding, s 3, 25, 36, etc. are not included.
Preservation: The protection of
purposes of Section 10/404, excavation, or drainage because of the
regulated activity. Permanent adverse ecologically important wetlands or other
i
compensatory mitigation is the
restoration
creation
enhancement
i
effects include permanent above-grade,
d aquat
c resources in perpetuity through
the implementation of appropriate legal
,
,
, or
n
exceptional circumstances, preservation
of wetlands and/or other a
uatic at-gra
e, or below-grade fills that change
an aquatic area to dry land, increase the
b and physical mechanisms. Preservation
may include protection of upland areas
q ottom elevation of a waterbody, or adjacent to wetlands as necessary to
Federal Register / Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2095
ensure protection and/or enhancement
of the overall aquatic ecosystem.
Restoration: Re-establishment of
wetland and/or other aquatic resource
characteristics and function(s) at a site
where they have ceased to exist, or exist
in a substantially degraded state.
Riffle and Pool Complex: Riffle acid
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 vvaterbody 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 water Management: 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.
StormwaterMonagernent Facilities:
Stormwater 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 rane
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 Channelizotion: 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(0, 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, .streatru,
lakes, or other open waters which
separates the open water from
developed areas, including agricultural
land. Vegetated buffers provide a varietti
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 vvaterbody 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 waterhody.
[FR Doc. 02-539 Filed 1--14-02; 8:45 amt
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,
NOAA. All statements and opinions
contained in the permit action
swnmaries are those of the applicant
and do not necessarily reflect the views
of NMFS.
Species Covered in This Notice
The following species are covered in
this notice:
Sea turtles
Threatened and endangered green
turtle (Chelonio inydas)
Endangered hawksbill turtle
(F.retmochelys imbricate)
Endangered Kemp's ridley turtle
(Lepidochelys kempii)
Endangered leatherback turtle
(Dermochelys cor•iacea)
Threatened loggerhead turtle (Caretta
caretto)
Application 1361
The applicanois 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 Ken1p'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.
fFR Doc:. 02-3522 filed 2-12-02; 8:45 aml
BILLING CODE 3510-22-S
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Issuance of Nationwide Permits;
Notice; Correction
AGENCY: Army Corps of Engineers, DoD.
ACTION: Final notice; correction.
SUMMARY: This document contains
corrections to the final notice of
issuance of Nationwide Permits (NWT's)
which was published in the Federal
Register on Tuesday, January 15, 2002
((37 FR 2020-2095).
ADDRESSES: IIQUSACE', ATTN: CECW-
OR, 441 "G" Street, NW., Washington,
DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, at (703) 428-7570, Mr.
Kirk Stark, at (202) 761-4664 or Ms.
Leesa Beal at (202) 761-4599 or access
the U.S. Army Corps of Engineers
Regulatory Home Page at: http://
www.usace.ariny.mil/inet/functions/
cw/cecwo/reg/.
SUPPLEMENTARY INFORMATION: In the
SUMMARY section on page 2020, the third
and fourth sentences are corrected to
read: "All NWPs except NWPs 3, 7, 12,
14, 27, 39, 40, 41, 42, 43, and 44 expire
on February 11, 2002. Existing NWPs 3,
7, 12, 14, 27, 39, 40, 41, 42, 43, and 44
expire on March 18, 2002." In the last
sentence of the SUMMARY section, the
expiration date is corrected as "March
18, 2007", instead of "March 19, 2007
On page 2020, in second sentence of
the DATES section, the expiration date is
corrected as "March 18, 2007", instead
of "March 19, 2007". Therefore, the
NWPs published in the January 15,
2002; Federal Register will expire on
March 18, 2007, five years from their
effective date of March 18, 2002.
On page 2020, in the fifth paragraph
of the Background section, the third and
fourth sentences are corrected to read:
"All NWI's 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 "Gran dfather Provision
for Expiring NWPs at 33 CFR 330.6" is
corrected to react: "Activities authorized
by the current NWPs issued on
December 13, 1996, (except NWPs 3, 7,
12, 14, 27, 39, 40, 41, 42, 43, and 44),
that have commenced or are under
contract to commence by February 11,
2002, will have until February 11, 2003,
to complete the activity. Activities
authorized by NWPs 3, 7, 12, 14, 27, 39,
40, 41, 42, 43, and 44, that were issued
on March 9, 2000, that are commenced
or uncles- contract to coninlence by
March 18, 2002, will have until March
18, 2003, to complete the activity."
On page 2020, in the "Clean Water
Act Section 401 Water Quality
Certification (WQC) and Coastal Zone
Monagement Act (CZMA) Consistency
Agreement" section, the date in the fifth
sentence is corrected as "February 11,
2002", instead of "February 11, 2001".
On page 2023, third column, last
sentence, the number 29 is replaced
with the number 19, because this
sentence refers to General Condition 19.
On page 2024, first column, ill 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
pro--construction notifications is greater
than the 15 clay completeness review
period for standard permit applications.
On page 2031, second column, second
full paragraph, the number 31 is
replaced with the number 3 because this
paragraph refers to NWP 3.
On page 2044, second column, fourth
complete paragraph, the title is
corrected to read "Stream and Wetland
Restoration Activities" because that is
the title of NWP 27,
On page 2054, second column, the
year cited in the third sentence of the
second paragraph is the year 2000, not
1996.
On page 2058, third column, in the
second sentence of the second complete
paragraph the word "intermittent" is
inserted before the phrase "stream bed"
because the waiver for filling or
excavating greater than 300 linear feet of
stream beds can apply only to
intermittent stream beds.
On page 2072, third column, last
sentence, the number 19 is inserted after
the term "General Condition" since this
sentence refers to General Condition 19.
On page 2076, second column, the
street address for the Walla Walla
District Engineer is corrected to read
"201 N. Third Avenue".
On page 2080, second column, third
paragraph from the top of the column
(in the "Notification" section of NWP
12), the word "or" at the end of
paragraph (e) is deleted and the period
at the end of the fourth paragraph
(paragraph (f)) is replaced with "; or".
On page 2080, second column,
paragraph (a) of NWP 13 is corrected to
read: "No material is placed in excess of
the minimum needed for erosion
protection;" The change was not
intended and we are correcting this
paragraph by reinstating the original
text as it appeared in the version of
NWP 13 published in the December 13,
1996, Federal Register (61 FR 65915).
On page 2080, third column, the word
"or" is inserted at the end of paragraph
(a)(1) of NWP 14, Linear Transportation
Projects. Paragraph (a) of NWP 14 is
corrected to read: "a. This NWP is
subject to the following acreage linlits:
(1) For linear transportation projects in
non-ticlal waters, provided the discharge
does not cause the loss of greater than
1/2-acre of waters of the US; or (2) For
linear transportation projects in tidal
waters, provided the discharge does not
cause the loss of greater than Vi-acre of
waters of the US."
Oil page 2085, second column, the
last sentence of NWP 36 is corrected to
read as follows: "Dredging to provide
Federal Register/ Vol. 67, No. 30/Wednesday, February 13, 2002 /Notices 6693
access to the boat ramp may be
authorized by another NWP, regional
general permit, or individual permit
pursuant to section 10 if located in
navigable waters of the United States.
* * - The change was not intended
and we are correcting this paragraph by
reinstating the original text as it
appeared in the version of NWP 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 (0'' 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 '/1o acre of ephemeral waters
would require PCNs under paragraph
(c)(1), above)." The addition to the Note
was intended to clarify that under
paragraph (c)(2) only the loss of
ephemeral open waters were not
included in the requirement for a pre-
construction notification (PCN).
However, under paragraph (c)(1) all
ephemeral waters of the United States
are included in the measurement for the
1/1o acre PCN requirement. Tine
correction is ndeded because the
statement in the parentheses could be
incorrectly interpreted to apply to
paragraph (c)(1) and possibly to all
PCNs, not just those affected by
paragraph (c)(2).
For clarity, we are providing the text
of NWP 39 in its entirety, with the
corrections described above:
39. Residential. Commercial, and
Institutional Developments. Discharges
of dredged or fill material into non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters, for the
construction or expansion of residential,
commercial, acid institutional building
foundations and building pads and
attendant features that are necessary for
the use and maintenance of the
structures. Attendant features may
include, but are not limited to, roads,
parking lots, garages, yards, utility lines,
stormwater management facilities, and
recreation facilities such as
playgrounds, playing fields, and golf
courses (provided the golf course is an
integral part of the residential
development). The construction of new
ski areas or oil and gas wells is not
authorized by this NWP.
I:esidential 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 1/1 z-acre of non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters;
b. The discharge does not cause the
loss of greater than 300 linear-feet of a
stream bed, unless for intermittent
stream beds this criterion is waived in
writing pursuant to a determination by
the District Engineer, as specified
below, that the project complies with all
terms and conditions of this NWP and
that any adverse impacts of the project
on the aquatic environment are
minimal, both individually and
cumulatively;
c. The permittee must notify the
District Engineer in accordance with
General Condition 13, if any of the
following criteria are met:
(1) The discharge causes the loss of
greater than'/1o-acre of non-tidal waters
of the US, excluding non-tidal wetlands
adjacent to tidal waters; or
(2) The discharge causes the loss of
any open waters, including perennial or
intermittent streams, below the ordinary
hi 11 water mark (see Note, below); or
?3) The discharge causes the loss 0'r
greater than 300 linear feet of
intermittent stream bed. In such case, to
be authorized the District Engineer must
determine that the activity complies
with the other terms and conditions of
the NWP, determine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the permittee may
proceed;
d. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic: sites;
e. Tine discharge is part of a single and
complete project;
f. The permittee must avoid and
minimize discharges into waters of the
US at the project site to the maximum
extent practicable. The notification,
when required, must include a written
statement explaining how avoidance
and minimization of losses of waters of
the US were achieved on the project
site. Compensatory mitigation will
normally be required to offset the losses
of waters of the US. (See General
Condition 19.) The notification must
also include a compensatory mitigation
proposal for offsetting unavoidable
losses of waters of the US. If an
applicant asserts that the adverse effects
of the project are minimal without
mitigation, then the applicant may
submit justification explaining why
compensatory mitigation should not be
required fonthe 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 1/1o-acre requires
that the permittee notify the District
Engineer in accordance with General
Condition 13;
h. Any work authorized by this NWP
must not cause more than minimal
degradation of water quality or more
than minimal changes to the flow
characteristics of any stream (see
General Conditions 9 and 21);
i. For discharges causing the loss of
IAo-acre or less of waters of the US, the
permittee must submit a report, within
30 days of completion of the work, to
the District Engineer that contains the
following information: (1) The name,
address, and telephone number of the
permittee; (2) The location of the work;
(3) A description of the work; (4) The
type and acreage of the loss of waters of
the US (e.g., 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.,
1h-acre of emergent wetlands created
on-site);
j. If there are any open waters or
streams within the project area, the
permittee will establish and maintain, to
the maximum extent practicable,
wetland or upland vegetated buffers
next to those open waters or streams
consistent with General Condition 19.
Deed restrictions, conservation
easements, protective covenants, or
other means of land conservation and
preservation are required to protect and
maintain the vegetated buffers
established on the project site.
Only residential, commercial, and
institutional activities with structures
on the foundation(s) or building pad(s),
as well as the attendant features, are
authorized by this NWP. The
6694 Federal Register/ Vol. 67, No. 30 / 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 1/2-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 Vin 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 colunul,
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 rent)
"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 necessarv to reflect the
modified language in General Condition
9.
On page 2089, third column, the text
of General Condition 6 is corrected to
read: "The activity must comply with
any regional conditions that may have
been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps
or by the state or tribe in its Section 401
Water Quality Certification and Coastal
Zone Management Act consistency
determination." The change to General
Condition 6 that was 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 CO111I1111, the word
"Section" in the parenthetical at the end
of General Condition 10 is replaced with
"33 CFR" so that the parenthetical reads
"(see 33 CFR 330.4(d))".
On page 2090, at the top of the second
column, the second Internet URL is
replaced with "* * * http://
Wwiv.nmfs.noaa.gov/protres/overview/
es.html * * *" because t_e 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 column, in
paragraph (b)(6) of General Condition
13, the word "Projects" replaces the
word "Crossings", because the title of
NWP 14 is "Linear Transportation
Projects".
On page 2090, third colunul, in
paragraph (b)(8) of General Condition
13, the word "Activities" is inserted
after the word "Restoration" because the
title of NVVP 27 is "Streain and Wetland
Restoration Activities".
On page 2091, first colunul, 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 F,xlsting
Flood Control Facilities".
On page 2094, third column, we are
correcting the definition of "Loss of
Waters of the US" by deleting the last
sentence and inserting the following
sentence after the fourth sentence of this
definition: "Impacts to ephemeral
streams are not included in the linear
foot measurement of loss of stream bed
for the purpose of determining
compliance with the linear foot limits of
NWPs 39, 40, 42, and 43."
Due to the number of corrections
made to the definition of "Loss of
Waters of the US", we are providing the
text of this definition in its entirety,
with the corrections described above:
Loss of Waters of the US: Waters of
the US that include the filled area and
other waters that are permanently
adversely affected by flooding,
excavation, or drainage because of the
regulated activity. Permanent adverse
effects include permanent above-grade,
at-grade, or below-grade fills that change
an aquatic area to dry land, increase the
bottom elevation of a waterbody, or
change the use of a waterbody. The
acreage of loss of waters of the US is the
threshold measurement of the impact to
existing waters for determining whether
a project may qualify for an NWP; it is
not a net threshold that is calculated
after considering compensatory
mitigation that may be used to offset
losses of aquatic functions and values.
The loss of stream bed includes the
linear feet of stream bed that is filled or
excavated. Impacts to ephemeral
streams are not included in the linear
foot measurement of loss of stream bed
for the purpose of determining
compliance with the linear foot limits of
NWPs 39, 40, 42, and 43. Waters of the
US temporarily filled, flooded,
excavated, or drained, but restored to
preconstruction contours and elevations
after construction, are not included in
the measurement of loss of waters of the
us.
In the January 15, 2002, Federal
Register, it was stated that the definition
was being revised (to clarify that
ephemeral waters and streams are not
included in the acreage or linear
thresholds for NWPs) to comport with
language in the preamble of the March
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, "During our
review of the comments received in
response to the July 21, 1999, Federal
Register notice, we found an error in the
proposed definition of the term, "loss of
waters of the United States." In the
fourth sentence of the draft definition,
we stated that the loss of stream bed
Federal Register/ Vol. 67, No. 30 / Wednesday, February 13, 2002 /Notices 6695
includes the linear feet of perennial or
intermittent stream bed that is filled or
excavated. This statement is inaccurate
because ephemeral stream bed that is
filled or excavated can also be
considered a loss of waters of the United
States. However, the 300 linear foot
limit for stream beds filled or excavated
does not apply to ephemeral streams.
We have modified this sentence to
define the loss of stream bed as the
linear feet of stream bed that is filled or
excavated." Thus, the modification of
this definition was intended to 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 NWI's to activities that result
in the permanent loss of ephemeral
waters, but the linear foot limits of the
NWT's (i.e., NbVI's 39, 40, 42, and 43) for
filling or excavatiug 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
NWT's 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 atnl
BILLING CODE 7710-92-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 Act" (5 U.S.C. 552b(e)(3)).
MATTERS TO BE CONSIDERED:
8:30 a.m. Meeting Board of Regents
(1) Approval of Minutes-November 14,
2001
(2) faculty Matters
(3) Department Reports
(4) Financial Report
(5) Report-President, USUHS
(6) Report-Dean, School of Medicine
(7) Report-Dean, Graduate School of
I\ursin-
(8) Comtneuts-Chairman, Board of'
Regents
(9) New Business
CONTACT PERSON FOR MORE INFORMATION:
Mr. Bobby D. Anderson, Executive
Secretary, Board of Regents, (301) 205-
3116.
Dated: February N, 2002.
Linda Bynum,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 02-3683 Filed 2-11-02; 3:32 pml
BILLING CODE 5001-0"
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
be 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
Lauren-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
Group, 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, existing or reinstatement; (2)
't'itle; (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
Recordkeeping burden. OMB invites
public comment.