20020648 Ver 1_Complete File_20020426

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STATE OF NORTH CAROLINA
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F, 68 /999
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. BOX 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR
January 29, 1999
MEMORANDUM TO:
FROM:
SUBJECT:
SECRETARY
Ms. Cyndi Bell
DWQ - DENR
W. D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
Review of Scoping Sheets for the following projects:

Project T.I.P. County Bridge No. State Route Planning Engineer
B-3503 Randolph No. 382 SR 1135 Dennis Pipkin
B-3344 Haywood No. 225 SR 1888 John Williams
B-3413 Bladen No. 177 SR 1532 Bill Goodwin
B-3412 Bladen No. 100 SR 1331 Bill Goodwin
B-3409 Bladen No. 27 NC 131 Bill Goodwin
Attached for your review and comments are the scoping sheets and location maps for the
subject projects. The purpose of this information and the related review procedure is to have an
early "meeting of the minds" as to the scope of work that should be performed and thereby
enable us to better implement the projects. Scoping meetings for these projects are scheduled for
March 9, 1999 in the Planning and Environmental Branch Conference Room (Room 470). These
scoping meetings will be held back to back beginning at 9:00 A. M. in the order shown above.
You may provide us with your comments at the meeting, mail them to us prior to the meeting, or
e-mail them to [e-mail] prior to the meeting.
Thank you for your assistance in this part of our planning process. If there are any
questions about the meetings or the scoping sheets, please call the indicated Project Planning
Engineer, at 733-3141.
WDG/bg
Attachments

BRIDGE PROJECT SCOPING SHEET
1 / 19/99
TIP PROJECT: B-3413
F. A. PROJECT: BRZ - 1532(1)
STATE PROJECT: 8.2420701
ROUTE: SR 1532
DESCRIPTION: Replacement of Bridge No. 177 on SR 1532 over Colly Creek
PROJECT PURPOSE: replace obsolete bridge
PROJECT U.S.G.S. QUAD SHEET(S): Singletary Lake Quad
LOCATION ON QUAD: East centeral section
ROADWAY CLASSIFICATION: Rural Local Route
DIVISION: Six
COUNTY: Bladen
TIP CONSTRUCTION COST .......................................................................... $ 510,000
TIP RIGHT OF WAY COST .......................................................................... $ 43,000
PRIOR YEARS COST ....................................................................................... $ 80,000
TIP TOTAL COST ........................................................................................... $ 533,000
TRAFFIC: CURRENT 100 VPD; DESIGN YEAR (2025) 300 VPD
TTST 1 % DUAL 1 %
EXISTING ROADWAY TYPICAL SECTION: Two lane shoulder section, 18 foot
pavement, grassed shoulders
EXISTING STRUCTURE: LENGTH 104.0 FEET WIDTH 20.0 FEET
COMMENTS:
SI NGLET ARY
LAKE
Run
Lake -
4
Lagoon
cq?F ?
1560 F
Bridge \0.177
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3.7
1531
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1532

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,,,` , S, North Carolina
Department of Transportation
$ Division of Highways
Planning & Environmental Branch
Bladen County
Replace Bridge 11o.117 on SR 1532
Over Colly Creek
B-3413
Figure 1
Yom, ?aJs.

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. P.O. Box 25201, RALEIGH, N.C. 27611-5201 E. NORRIS TOLSON
GOVERNOR
January 29, 1999
MEMORANDUM TO
FROM:
SUBJECT:
Ms. Cyndi Bell
DWQ - DENR
2-oCeLIV
R)l 9 4ev)
19
11999
p w
SECRETARY
W. D. Gilmore, P. E., Manager
Project Development and Environmental Analysis Branch
Review of Scoping Sheets for the following projects:

Project T.I.P. County Bridge No. State Route Planning Engineer
B-3503 Randolph No. 382 SR 1135 Dennis Pipkin
B-3344 Haywood No. 225 SR 1888 John Williams
B-3413 Bladen No. 177 SR 1532 Bill Goodwin
B-3412 Bladen No. 100 SR 1331 Bill Goodwin
B-3409 Bladen No. 27 NC 131 Bill Goodwin
Attached for your review and comments are the scoping sheets and location maps for the
subject projects. The purpose of this information and the related review procedure is to have an
early "meeting of the minds" as to the scope of work that should be performed and thereby
enable us to better implement the projects. Scoping meetings for these projects are scheduled for
March 9, 1999 in the Planning and Environmental Branch Conference Room (Room 470). These
scoping meetings will be held back to back beginning at 9:00 A. M. in the order shown above.
You may provide us with your comments at the meeting, mail them to us prior to the meeting, or
e-mail them to [e-mail] prior to the meeting.
Thank you for your assistance in this part of our planning process. If there are any
questions about the meetings or the scoping sheets, please call the indicated Project Planning
Engineer, at 733-3141.
WDG/bg
Attachments

BRIDGE PROJECT SCOPING SHEET
1/19/99
TIP PROJECT: B-3412
F. A. PROJECT: BRZ - 13310
STATE PROJECT: 8.2420601
ROUTE: SR 1331
DESCRIPTION: Replacement of Bridge No. 100 on SR 1331 over Turnbull Creek
PROJECT PURPOSE: replace obsolete bridge
PROJECT U.S.G.S. QUAD SHEET(S): Ammon Quad
LOCATION ON QUAD: West centeral section
ROADWAY CLASSIFICATION: Rural Local Route
DIVISION: Six
COUNTY: Bladen
TIP CONSTRUCTION COST .......................................................................... $ 390,000
TIP RIGHT OF WAY COST .......................................................................... $ 33,000
PRIOR YEARS COST ...................................................................................... $ 60,000
TIP TOTAL COST ........................................................................................... $ 483,000
TRAFFIC: CURRENT 100 VPD; DESIGN YEAR (2025) 300 VPD
TTST 3 % DUAL 4 %
EXISTING ROADWAY TYPICAL SECTION: Two lane shoulder section, 24 foot
pavement, grassed shoulders
EXISTING STRUCTURE: LENGTH 53.0 FEET WIDTH 20.3 FEET
COMMENTS:

Bladen County
Replace Bridge No. 100 on SR 1331
Over Turnbull Creek
B-3412
Figure 1
DEK ?'y{o *North Carolina
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Department of Transportation
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"°""' _ ' `? ^EST 7 Planning & Environmental Branch
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
April 16, 2002 R.
US Army Corps of Engineers
Wilmington Regulatory Field Office
Post Office Box 1890
Wilmington, NC 28402-1890
hlllL ? ATTENTION: Mr. Richard K. Spencer
NCDOT Coordinator
Dear Sir:
Subject: Nationwide 23 Permit Application for the Replacement of Bridge No. 100
over Turnbull Creek Creek on SR 1331, Bladen County, NCDOT Division
No. 6, Federal Aid Project No. BRZ-1331(3), State Project No. 8.2420601,
TIP Project No. B-3412.
Please find enclosed three copies of the project planning report along with copies
of the permit drawings for the above referenced project. Bridge No. 100 will be replaced
at the existing location. The new bridge will be approximately 110 feet (33.5 meters) in
length and 26 feet (7.9 meters) in overall clear width. During construction, traffic will be
maintained on a temporary detour bridge located north of the existing structure. Impacts
to wetlands associated with ffie bridge replacement will include 0.09 acres (0.003
hectares) of permanent fill, 0.27, acres (0.11 hectares) of temporary fill and 0.23 acres
(0.09 hectares) of mechanized clewing.
Temporary Bridge Information: A temporary bridge will be located north of Bridge No.
100. The temporary bridge will consist a concrete deck with Class II riprap on top of
filter fabric. The resulting temporary fill in wetlands associated with the bridge is
approximately 0.27 acres (0.11 hectares) and 0.13 acres (0.05 hectares) in mechanized
clearing. The remaining 0.10 acres (0.04 hectares) of mechanized clearing will occur
elsewhere on the project.
Restoration Plan: Upon completion of the new bridge, the temporary bridge will be
removed. The approach fill will be removed to natural grade (Elevations and contours in
the' vicinity are available from field survey notes). The area will be planted with
appropriate native wetland species. Additionally, 0.05 acres (0.02 hectares) of wetland
restoration will be gained due to lengthening of the existing bridge.
Minimization: Since this is a dead-end road, an offsite temporary detour was not
possible. The initial recommended Alternative, replace Bridge 100 on a new location
north of the existing structure, was re-evaluated. This would have required a longer
roadway approach footprint and substantial subgrade soil replacement. In addition, a
temporary detour bridge is proposed rather than pipe culverts. The proposed detour
bridge alignment has been reduced; this reduced the required fill needed. The detour and
-L- profile have been minimized to the most practicable extent possible. Side slopes of
the detour roadway have been increased to 2:1 to further reduce roadway fill.
Mitigation: ion: All project impacts, temporary and permanent, are considered as permanent
since compression of muck soils may have permanent environmental consequences. A
total of 0.59 acres of impacts will occur on this project. As noted previously, 0.05 acres
of restoration will be achieved through the lengthening of the replacement bridge.
NCDOT proposes to debit Dowd Dairy mitigation site for the remaining 0.54 acres of
impacts. This site is located between Elizabethtown and White Oak. Dowd Dairy will
provide in kind mitigation (swamp forest) at a ratio of 2:1. This will result in 1.08 acres
of mitigation for 0.54 acres of impacts.
Schedule: The project schedule calls for a August 20, 2002 let date with an availability
date approximately 6 weeks after the let date. It is expected that the contractor will
choose to start construction shortly thereafter.
Disposal: After the temporary bridge is no longer needed, the contractor will use
roadway building equipment to remove the concrete deck, and riprap. All temporary
bridge material will become the property of the contractor. The contractor will be
required to submit a reclamation plan for removal and disposal of all material off-site.
Bridge Demolition: Bridge No. 100 contains one span totaling 53.0 feet (16.0 meters) in
length and 20 feet (6.0 meters) in width. The bridge is composed of an asphalt overlay
surface on a timber floor with timber joists. The bridge has timber cap and pile end
bents. The timber will be removed without dropping components into \Waters of the
United States. The asphalt-wearing surface will be removed prior to demolition without
dropping into Waters of the United States. During construction, Best Management
Practices for Bridge Demolition and Removal will be followed.
All aspects of this project are being processed by the Federal Highway Administration as
a "Categorical Exclusion" in accordance with 23 CFR 771.115(b). Therefore, we
propose to proceed under a Nationwide 23 in accordance with the Federal Register of
March 9, 2000, Part VII, Volume 65, Number 47, pages 12817-12899.
By copy of this letter, the appropriate 401 Water Quality Certification is requested from
the North Carolina Division of Water Quality.
If you have any questions or need additional information, please contact Ms. Karen
Lynch at [phone], ext. 291.
Sincerely,
4M?
William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch
Cc: w/ attachment:
Mr. David Franklin, COE, Wilmington
Mr. Tom McCartney, USFWS, Raleigh
Mr. John Dorney, NC DWQ, Raleigh
Mr. David Cox, NCWRC, Raleigh
Mr. Burt Tasaico, P.E., NCDOT Program Development, Raleigh
Ms. Debbie Barbour, P.E., NCDOT Highway Design, Raleigh
Mr. John Alford, NCDOT Roadway Design, Raleigh
Mr. Tim Roundtree, P.E., NCDOT Structure Design, Raleigh
Mr. Dennis Pipkin, P.E., NCDOT Project Development and Environmental
Analysis, Raleigh
Mr. Dave Henderson, P.E., NCDOT Hydraulics, Raleigh
Mr. Terry Gibson, P.E., NCDOT Division 6 Engineer, Fayetteville
Mr. James K. Rerko, Division 6 Environmental Officer, Fayetteville
VICINITY MAP

CUMBERLAND COUNTY
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BLADEN COUNTY ,..;?...`
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DIVISION OF HIGHWAYS
BLADEN COUNTY
PROJECT: 8.2420601 - B-3412
BRIDGE #100 OVER
TURNBULL CREEK AND
APPROACHES ON SR 1331
SHEET 1 OF 7 SEP 2001
LEGEND
--WLB- WETLAND BOUNDARY
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BLADEN COUNTY
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PROJECT: 8.2420601 - B-3412
BRIDGE 9100 OVER
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PROPERTY OWNER
OWNER'S NAME
W. H. MELVIN
ADDRESS
P.O. BOX 574
ELIZAEETHTOWN, NC 28377
CAPE FEAR WOOD CORP
LILA C. MELVIN
CAPE FEAR WOOD CORP
PAUL MELVIN TRACT
ELIZA]BETHTOWN, NC , 28377
668D 35TH AVE.
MYRTLE (BEACH, SC 29577
ELIZABETIHT®WN, NC 28377

(I 2.f3 rO 413
Bladen County
Bridge No. 100, on SR 1331
Over Turnbull Creek
Federal Aid Project BRZ-1331(3)
State Project 8.2420601
TIP Project B-3412
CATEGORICAL EXCLUSION
U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL HIGHWAY ADMINISTRATION
AND
APPROVED:
- 2 Sr
Date
I- 2-L, -- 200
Date
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS

William D. Gilmore, P.E., Manager
Project Development and Environmental Analysis Branch

Nicholas L. Graf, P.E.
Division Administrator, FHWA
Bladen County
Bridge No. 100, on SR 1331
Over Turnbull Creek
Federal Aid Project BRZ-1331(3)
State Project 8.2420601
TIP Project B-3412
CATEGORICAL EXCLUSION
Documentation Prepared in Project Development and Environmental Analysis
Branch By:
O\A CARD
Date Dennis Pipkin _
,.•
?ESS/p•?? _
Project Planning Engineer •
?
- ?eQQ- yl;
A
- SEAL
_ 022552
Date W yne Elliott
4r,r O°"•:?GIN?`?-'
?
Bridc Project Planning Engineer, Unit Head ''•,,, (?N?L? ??•`?
""";J lot I
-zs-o!
Date Lubin V. Prevatt, P.E., Assistant Manager
Project Development and Environmental Analysis Branch
ENVIRONMENTAL COMMITMENTS:
B-3412, Bladen County
Bridge No. 100, on SR 1331
Over Turnbull Creek
Federal Aid Project BRZ-1331(3)
State Project 8.2420601
1. Roadway Design Unit, Roadside Environmental Unit, Resident Engineer:
Reveaetation: The existing bridge and approaches will be removed after the new
bridge is completed, and the area will be revegetated with appropriate plant species.
2. Roadway Design Unit, Structure Design Unit, Project Development & Environmental
Analysis Branch (Permits), Resident Engineer:
Bridge Demolition: The existing bridge is composed entirely of timber components.
The timber will be removed without dropping into the water. The asphalt wearing surface
will be removed prior to demolition without dropping into the water. No temporary fill in
waters is expected. During construction, Best Management Practices for Bridge Demolition
and Removal will be followed.
Bridge Deck Drains: Deck drains that do not discharge directly into the stream will be
considered during the design phase.
Categorical Exclusion Document Page 1 of 1
Green Sheet
January, 2001
Bladen County
Bridge No. 100, on SR 1331
Over Turnbull Creek
Federal Aid Project BRZ-1331(3)
State Project 8.2420601
TIP Project B-3412
1. SUMMARY OF PROJECT:
NCDOT proposes to replace Bridge Number 100, in Bladen County. Bridge Number 100
carries Highway SR 1331 (a dead-end road) over Turnbull Creek, in the northern part of Bladen
County. NCDOT and FHWA classify this action as a Categorical Exclusion, due to the fact that
no notable environmental impacts are likely to occur as a result of project construction. NCDOT
will replace Bridge No. 100 at a new location, as shown in Figure 2. The new bridge will be
approximately 65 feet (20 m) in length, and 26 feet (7.9 m) in overall clear width. A paved
travelway of 22 feet (6.7 m) will be accommodated, with an offset of 2 feet (0.6 m) on each
side. The approach roadway will have a 22 foot (6.6 m) travelway, with 4 foot (1.2 m) turf
shoulders on each side. Where guardrail is required, shoulders will be increased by a minimum of
3 feet (1 m) on each side. The new structure will be at approximately the same elevation as the
existing grade.
The project will require approximately 1400 feet (427 m) of new work on approach
roadways. Total project length will be approximately 1500 feet (457 m). Currently, paving for
SR 1331 is scheduled for completion in 2001. If paving is not completed by approximately two
months prior to the construction "let" date (currently scheduled for August 2002), the design
will be changed to reflect that paving of roadway approaches will be limited to 100 feet (30 m)
to either side of the proposed bridge.
Traffic for this dead end road will be maintained on the existing bridge during
construction.
The estimated cost is $515,000; including $40,000 for Right-of-Way acquisition and
$475,000 for construction. The estimated cost projected by the Draft 2002-2008
Transportation Improvement Program is $643,000; including $60,000 in prior year costs,
$33,000 for Right-of-Way Acquisition, and $550,000 for construction.
II. ANTICIPATED DESIGN EXCEPTIONS:
No design exceptions are anticipated for this project. Preliminary design indicates a
design speed of 60 mph (96 km/hr) will be achieved.
III. EXISTING CONDITIONS
NCDOT classifies SR 1331 as Rural Local Route in the Statewide Functional
Classification System. The land use in the bridge vicinity is agricultural and rural residential. The
route dead ends approximately 1.5 miles (2.4 km) north of the bridge.
Near Bridge No. 100, SR 1331 is a 2 lane, unpaved facility, 20 feet (6.1 m) in width,
with 6 foot (2 m) wide or wider turf shoulders on each side. The existing bridge carries 2 lanes.
Vertical and horizontal alignment in both directions is good.
NCDOT built Bridge No. 100 in 1960. The bridge has an asphalt overlay wearing surface
on a timber floor on timber joists with a timber substructure. The deck of Bridge 100 is 12 feet
(3.7 m) above the stream bed. Water depth in Turnbull Creek is approximately 9 feet (3 m) at
the bridge vicinity. Bridge 100 is 53 feet (16 m) long, with an 19.2 foot (5.6 m) roadway
width. Two lanes of traffic are carried and the load limit is posted at 9 tons for single vehicles
(SV) and 16 tons for Truck-Tractor Semi-Trailers (TTST).
According to NCDOT Bridge Maintenance records, the bridge's sufficiency rating is 23.8
out of a possible 100.0. The current traffic volume is 100 vehicles per day (VPD), projected to
increase to 300 VPD by the design year (2025). The speed limit is not posted at the bridge
vicinity, thus the speed limit reverts to 55 MPH (88 km/h) by statute.
Traffic Engineering accident records indicate there were no vehicle crashes reported in
the vicinity of Bridge No. 100 during a recent three year period. The Transportation Director of
Bladen County schools indicates that there is one school bus crossing the bridge twice per day,
for a total of two trips per day. The busses must be accommodated on site, since SR 1331 is a
dead end road.
IV. ALTERNATES:
Two methods of replacing Bridge No. 100 were studied. Both alternates involve a
replacement structure consisting of a new bridge approximately 65 feet (20 m) in length.
Preliminary design indicates a design speed of 60 mph (96 km/hr) will be achieved.
The project alternates were studied as follows:
Alternate 1: - Replace bridge on existing location with a new bridge. Traffic would be
maintained with a temporary on-site detour structure placed to the north of the existing bridge.
Alternate 2: (Recommended)- Replace bridge on new location with a new bridge placed north of
the existing. Traffic would be maintained on the existing bridge during construction.
The "do-nothing" alternate is not practical, requiring eventual closing of the road as the
existing bridge completely deteriorates. The sufficiency rating of the existing bridge is only 23.8
out of 100.0. Rehabilitation of the existing deteriorating bridge is neither practical nor
economical.
V. COST ESTIMATE
Estimated project costs of the alternates studied are as follows:
Structure
Roadway Approaches
Structure Removal
Temporary Detour & Structure
Subtotal
Engineering and Contingencies
Total Construction Cost
Right-of-Way and Utilities
Total Project Cost
Alternate 1 Alternate 2
(Recommended)
$118,000 $118,000
304,000 283,000
9,000 9,000
37,000 Not Applicable
$468,000 $410,000
82,000 65,000
$550,000 $475,000
39,000 40,000
$589,000 $515,000
2
VI. RECOMMENDED IMPROVEMENTS
NCDOT will replace Bridge No. 100 at a new location, as shown in Figure 2. The new
bridge will be approximately 65 feet (20 m) in length, and 26 feet (7.9 m) in overall clear width.
A paved travelway of 22 feet (6.7 m) will be accommodated, with an offset of 2 feet (0.6 m) on
each side. Traffic for this dead end road will be maintained on the existing bridge during
construction.
Initial design indicates that the completed project will provide a design speed of 60 MPH
(96 km/h). The approach roadway will have a 22 foot (6.6 m) travelway, with 4 foot (1.2 m)
turf shoulders on each side. Where guardrail is required, shoulders will be increased by a
minimum of 3 feet (1 m) on each side.
NCDOT recommends that Alternate 2 be constructed, in order to provide improvement in
alignment, avoid existing utilities, and maintain traffic on this dead end road with the most
economical alternate.
Recommendations from the NC Wildlife Resources Commission (WRC) on minimizing
impacts were given serious consideration in selecting a recommended alternate. It was first
believed that Alternate 1 would yield the smallest wetland impact area. However, preliminary
design showed that impact area would be identical for each alternate, thus enabling a choice
based on other factors. Also, WRC's recommendations to provide bridge drains that do not
discharge directly into the stream will be considered during the design phase. Neither High
Quality Waters (HQW), Water Supplies (WS-I: undeveloped watersheds or WS-II: predominately
undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur within 1.6 km (1.0
mile) of project study area.
The Division Engineer concurs with the selection of the recommended alternate.
SR 1331 is not designated as a bicycle route, and there is no indication that an unusual
number of bicyclists use the road.
VII. ENVIRONMENTAL EFFECTS
A. General Environmental Effects
The project is considered to be a "Categorical Exclusion" (CE) due to its limited scope
and insubstantial environmental consequences.
The bridge project will not have a substantial adverse effect on the quality of the human
or natural environment with the use of current NCDOT standards and specifications.
The project is not in conflict with any plan, existing land use, or zoning regulation. No
change in land use is expected to result from construction of the project. No adverse effect on
families or communities is anticipated. Right-of-way acquisition will be limited.
No adverse effect on public facilities or services is expected. The project is not expected
to adversely affect social, economic or religious opportunities in the area.
No publicly owned parks, recreational facilities or wildlife or waterfowl refuges of
national, state, or local significance are in the vicinity of the project.
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Construction of the project will not have a significant adverse impact on the floodplain or
associated flood hazard. The elevation of the 100-year flood will not be increased by more than
12 inches (0.3 m).
NCDOT expects utility conflicts to be low for a project of this size and magnitude.
There are no known hazardous waste sites in the project area.
B. Architectural & Archaeological Resources
This project is subject to compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended, & implemented by Advisory Council on Historic
Preservation's regulations for compliance with Section 106, codified at 36 CFR Part 800.
Section 106 requires that if a federally funded, licensed, or permitted project has an effect on
property listed on or eligible for the National Register of Historic Places, the Advisory Council on
Historic Preservation will be given an opportunity to comment.
Architectural Resources
A meeting was held with The State Historic Preservation Office (SHPO) to evaluate
potential effects of the project. The SHPO stated that there are no historic structures located
within the area of potential effect (APE) for this project, and recommended that no historic
architectural surveys be conducted. Thus, it is concluded that the project will have no effect on
these resources.
Archaeological Resources
A meeting was held with The State Historic Preservation Office (SHPO) to evaluate
potential effects of the project. The SHPO stated that there are no recorded archeological
resources located within the area of potential effect (APE) for this project, and recommended
that no archeological surveys be conducted. Thus, it is concluded that the project will have no
effect on these resources.
C. Natural Systems
PHYSICAL RESOURCES
The project study area lies within the coastal plain physiographic province. The
topography in this section of Bladen County is characterized as nearly level to gently sloping.
The project area consists of nearly level topography in the Turnbull Creek floodplain with a slight
incline sloping away from the floodplain to the northwest. Project elevation is approximately
26 m (85 ft) above mean sea level (msl).
Soils
The project area is located within the Lynn Haven-Pamlico-Leon Association. This area is
nearly level and lies in an area with poorly drained and very poorly drained soils that are sandy
throughout or have much surface and subsurface layers underlain by sandy material. Two soil
phases occur within the proposed project study area. The dominant soil phase is Dorovan muck.
This soil parallels Turnbull Creek, is frequently flooded and is considered 'Hydric'. On a slight
4
incline, in the far northwestern portion of the project, Wakulla sand, an extensively drained soil,
is found. Table 1 contains characteristics of the two soil phases contained within the project
area.
Table 1. Soils in Project Area B-34 12, Bladen Count
Soil Location Soil High water Limits Hydric
phase drainage table Soil?
Dorovan Floodplains or along Very At or near Wetness, high yes
Muck major drainageways, poorly surface acidity, flooding,
slopes are less than drained low strength
2%
Wakulla Broad eolian ridges Excessively > 6 ft from Low average water no
Sand and stream terraces drained surface capacity, soil
on 1 - 6% slopes blowing, leaching
of nutrients
Soil core samples taken within the project area revealed wet, mucky soils with a loamy
texture. Soils within the project area (Dorovan muck) were typically saturated to the surface or
contained water just below the surface. Beyond the existing ROW (road and bank), hydric soil
indicators (described in Section 4.11.11), as defined in the "Corps of Engineers Wetland
Delineation Manual", 1987, were observed throughout the majority of the project study area.
Water Resources
Waters Impacted and Characteristics
Turnbull Creek is the only surface water resource directly impacted by the proposed
bridge replacement project (Figure 1). Turnbull Creek is located in sub-basin 03-06-16 of the
Cape Fear River Basin. Headwaters of this creek originate about six miles upstream of the
project vicinity, in Cumberland County. Little Turnbull Creek joins Turnbull Creek less than a mile
upstream from the project area. Turnbull Creek then flows southward for approximately 24
miles where it joins the Cape Fear River. At the time of the site visit, this stream had a width of
8.5 m (28.0 ft) and a variable water depth. The creek appeared tea-colored (tannic) but clear.
Flow was fairly slow and difficult to detect, however, the current was more apparent on the
downstream side of the bridge.
Best Usage Classification
The Division of Water Quality (DWQ) has assigned streams a best usage classification.
The classification of Turnbull Creek [DWQ Index no. 18-46] is class 'C'. (source: DWQ Internet
page, 1999)• The 'C' classification denotes waters suitable for aquatic life propagation and
survival, fishing, wildlife, secondary recreation and agriculture.
Neither High Quality Waters (HOW), Water Supplies (WS-I: undeveloped watersheds or
WS-11: predominately undeveloped watersheds) nor Outstanding Resource Waters (ORW) occur
within 1.6 km (1.0 mile) of project study area.
Water Quality
The Division of Water Quality has initiated a basinwide approach to water quality
management for the 17 river basins within the state.
5
There is one benthic macroinvertebrate monitoring site on Turnbull Creek (SR 1511), located
approximately 15 miles downstream of the bridge project. This site was sample
by the DWQ in August 1998 and earned a rating of 'good'. The Cape Fear River
Basinwide Water Quality Management Plan (1996) lists the entire run of Turnbull Creek as
'partially supporting' due to non-point source problems associated with sediment and pH.
Considering the surrounding soils, vegetation and the blackwater nature of this creek, the low
pH is likely naturally occurring and not problematic as indicated in this document. Five miles
downstream from this bridge site, pH was measured by the DWQ in May 1998 and found to be
3.9 standard units.
Diversity of fish species was somewhat limited by the low pH value measured on Turnbull
Creek. The DWQ assigned an ecological health integrity rating (May 1998) of "Fair' for this
sampling site (U.S. Highway 242) based on fish community analysis. This rating is for
comparative purposes only and may change as additional data becomes available.
Point source dischargers located throughout North Carolina are permitted through the NPDES
Program. All dischargers are required to register for a permit. There are no NPDES dischargers
located within 1.6 km (1.0 mi) of the project area.
Non-point source pollution refers to runoff that enters surface waters through stormwater
flow or through no defined point of discharge. The non-point sources that could be identified
during the site visit were agricultural and road runoff.
Summary of Anticipated Impacts
Project construction may result in the following impacts to surface waters:
1. Increased sedimentation and siltation from construction and/or erosion.
2. Changes in light incidence and water clarity due to increased sedimentation
and vegetation removal.
3. Alteration of water levels and flows due to interruptions and/additions to
surface and ground water flow from construction.
4. Changes in water temperature due to streamside vegetation removal.
5. Increased nutrient loading during construction via runoff from exposed areas.
Precautions should be taken to minimize impacts to water resources in the study area.
NCDOT's Best Management Practices (BMPs) for the Protection of Surface Waters and
Sedimentation Control guidelines must be strictly enforced during the construction stage of the
project. Provisions to preclude contamination by toxic substances during the construction
interval should also be strictly enforced.
Impacts from Bridge Demolition
Bridge No. 100 over Turnbull Creek has an asphalt overlay surface on a timber floor with
timber joists. The bridge has timber cap, pile and end bents. The bridge is 16 m (53 ft) in
length and 6 m (20 ft) wide. Since no components of the bridge are concrete, none of the
bridge will be dropped into the water during removal, therefore, bridge removal will not impact
Turnbull Creek.
6
BIOTIC RESOURCES
Descriptions of the terrestrial systems are presented in the context of plant community
classifications and follow descriptions presented by Schafale and Weakley (1990) where
possible.
Scientific nomenclature and common names (when applicable) are provided for each animal
and plant species described. Plant taxonomy generally follows Radford, et a/. (1968). Animal
taxonomy follows Martof, et a/. (1980), Menhinick (1991), Potter, et al. (1980), and Webster, et
a/. (1985). Subsequent references to the same organism will include the common name only.
Fauna observed during the site visit are denoted by an asterisk (*). Published range distributions
and habitat analysis are used in estimating fauna expected to be present within the project area.
Biotic Communities
Four communities are identified in the project study area: maintained/disturbed, coastal
plain small stream swamp (blackwater subtype), dry oak - - hickory forest and coastal plain
stream. The coastal plain small stream swamp was the dominant community and comprised
most of the land inventoried beyond the road shoulder. This wetland community type (coastal
plain small stream swamp) is also found downstream where Turnbull Creek flows through Bladen
Lakes State Forest and was cited as a prime example of this community type (Schafale and
Weakley 1990). The NC Natural Heritage Program database lists this site (also known as Suggs
Millpond/Marshy Bay/Big Gallberry Bay) as part of a "Heritage Program Natural Area" which
encompasses several thousand acres. While much of this tract is owned by NC Wildlife
Resources Commission, the bridge site area is in private ownership.
Community boundaries within the study area are well defined without a significant
transition zone between them, and terrestrial faunal species likely to occur within the study area
may exploit all communities for shelter and foraging opportunities or as movement corridors.
Maintained/Disturbed
The maintained/disturbed community was represented by a narrow strip of frequently
maintained roadside shoulder adjacent to both sides of the road. The shoulder bordered the
edge of the coastal plain small stream swamp community. Near the bridge, panic grass (Panicum
sp.) and meadowbeauty (Rhexia sp.) grew along the banks of Turnbull Creek.
Flora found in the frequently maintained road shoulder community along both sides of
the existing road includes grasses, [fescue (Festuca spp.1, bead grass (Paspalum sp.)], and vines,
[poison ivy (Toxicodendron radicans), grape (Vitis rotundifolia), trumpet creeper (Campsis
radicans) and Virginia creeper (Parthenocissus quinquefolia)]• Other roadside herbs include
dayflower (Commelina sp.), beggar ticks (Bidens sp.), pokeweed (Phytolacca americana) and
Joe-pye weed (Eupatorium fistulosum). The shrubs, winged sumac (Rhus copallina) and beauty
berry (Callicarpa americana) were also present.
Coastal Plain Small Stream Swamp
Dominant canopy trees include pond cypress (Taxodium ascenders) and black gum (Nyssa
biflora) which occur in the lowest wettest portion of the swamp. The subcanopy was comprised
of red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), ti-ti (Cyrilla racemiflora) and
American holly (flex opaca). A dense understory of shrubs was composed of red bay (Persea
palustris), sweet pepperbush (Clethra alnifolia), sweetbay magnolia (Magnolia virginiana),
7
Virginia willow (/tea virginica), fetterbush (Lyonia lucida), possumhaw (Viburnum nudum),
swamp azalea (Rhododendron viscosum) and several species of blueberry (Vaccinium spp.).
Poison ivy, jessamine (Gelsemium sempervirens) and greenbrier (Smilax laurifolia, S.
glauca) were common vines in the swamp. The forest floor contained giant cane, (Arundinaria
gigantea), netted chain fern (Woodwardia areolata) and cinnamon fern (Osmunda cinnamomea).
Patches of sphagnum moss (Sphagnum sp.) were found in depressions of the forest floor.
Dry Oak- Hickory Forest
This community is found in the northwestern corner of the project on higher ground
which slopes away from the coastal plain small stream swamp. Dominant canopy trees include
mockernut hickory (Carya tomentosa), southern red oak (Quercus falcata) and water oak
(Quercus nigra), while dogwood trees (Corpus florida) and American holly were found in the
understory. The sparse shrub layer was comprised of sparkleberry (Vaccinium arboreum) and
dangleberry (Gaylussacia sp.). Ground vegetation included grape vine, (Vitis rotundifolia),
rattlesnake plantain (Goodyera pubescens), wild ginger (Hexastylis sp.) giant cane and false
foxglove (Aureolaria virginica).
Coastal Plain Stream
Turnbull Creek is approximately 8.5 m (28.0 feet) wide near the bridge. Water depth is
variable and flow is slow but accelerates on the downstream side of the bridge. Fairly dense
mats of floating-leaved spatterdock (Nuphar luteum var. sagittifolium) occur up and downstream
of the bridge.
This swamp system is characterized as a blackwater river system which indicates that its
origin is in the coastal plain. Blackwater systems carry little to no sediment and are tannic in
color. Since these streams are not sediment-laden, there is little soil deposition during overbank
flooding so that the streams do not form high banks. These streams have highly variable flow
regimes with floods of short duration. Black waters systems are typically sluggish and form
braided, meandering channels. Measurements of pH are low, indicating acidic waters. These
blackwater systems are also typically nutrient poor and are therefore less diverse than
brownwater (red river) systems which carry sediment and deliver nutrients through overbank
flooding.
Wildlife
The physical characteristics of the terrestrial and aquatic communities in an area will
affect the fauna that are present and use the area. This section addresses the fauna likely to be
found in the project study area.
Terrestrial Fauna
Mammals associated with the project area include raccoon* (Procyon looor), muskrat
(Ondatra zibethicus), gray squirrel (Sciurus carolinensis), southeastern shrew (Sorex longirostris)
and golden mouse (Ochrotomys nuttaffi). Amphibians utilizing the wooded community include
squirrel treefrog (Hyla squirella) which is common in open woods and Brimley's chorus frog
(Pseudacris brimleyil found in hardwood forests. Fowler's toad (Bufo woodhousei) , is abundant
on edges of streams and the southern cricket frog (Acris gryllus) is common in the grassy
margins of coastal streams. Reptiles commonly found in this type of habitat include Carolina
anole (Anofis carolinensis) cottonmouth (Agkistrodon piscivorus), timber rattlesnake (Crotalus
horridus) and various species of water snakes (Nerodia spp.).
8
Avian species that are considered yearlong residents utilizing this area for forage and nesting
include Carolina chickadee* (Parus carolinensis), tufted titmouse* (Parus bicolor), Carolina
wren* (Thryothorus ludovicianus), cardinal* (Cardinalis cardinalis), red bellied woodpecker*
(Melanerpes carolinus), downy woodpecker* (Picoides pubescens), white breasted nuthatch*
(Sitta carolinensis) and eastern phoebe (Contopus virens). Migratory avian species utilizing the
area include great crested flycatcher* (Myiarchus crinitus), common yellow throat* (Geothlypis
trichas) yellow throated warbler* (Dendroica dominica), northern parula warbler* (Parula
americana), prothonotary warbler* (Protonotaria citrea), hooded warbler* (Wilsonia citrina) red
eyed vireo* (Vireo olivaceus), yellow-billed cuckoo* (Coccyzus americanus) and summer
tanager* (Piranga rubra).
Aquatic Fauna
A brief inventory of stream fauna revealed several benthic macroinvertebrates including
crayfish* (family Cambaridae)and nymphs of mayflies* (order - Ephemeroptera) and
dragonflies* (Order - Odonata). The floating leaves of spatterdock provide essential substrate for
midges* and limpets* (Laevapex sp.).
The DWQ sampled Turnbull Creek by electroshocking fish at U.S. Highway 242,
approximately five miles downstream from bridge site, B-3412. Fish inhabiting this moderately
sized blackwater system include yellow bullhead (lctalurus natalis), pirate perch (Aphredoderus
sayanus), flier (Centrarchus macropterus), bluespotted sunfish (Enneacanthus gloriosus), redfin
pickerel (Esox americanus), yellow perch (Perca flavescens), swampfish (Chologaster cornuta)
and bowfin (Amia calva).
Summary of Anticipated Impacts
Calculated impacts to terrestrial resources reflect the relative abundance of each community
present within the study area. Project construction will result in clearing and degradation of
portions of these communities. Table 2 summarizes potential quantitative losses to these biotic
communities, resulting from project construction. The impacted acreage from Alternatives 1 and
2 are equivalent because the same tract of land to the northwest would be impacted. In
addition, the USCOE considers impacts for this temporary access during bridge construction to
be permanent rather than temporary, since problems may arise with soil compaction, etc. in the
Dorovan muck soil type.
Estimated impacts are derived using the entire proposed right of way width. Project
construction does not usually require the entire right of way, therefore, actual impacts may
be considerably less.
Table 2. Anticipated Impacts to Biotic Communities
[impacts in hectares (acres)]
Community type Alternate 1 Alternate 2
Maintained/Disturbed 0.15 (0.38) temporary 0.15 (0.38)
Coastal Plain Small Stream
Swam (blackwater subtype) 0.35 (0.86) temporary 0.35 (0.86)
Dr Oak-Hickory Forest 0.06 (0.14) temporary 0.06 (0.14)
Total 0.56 (1.38) 0.56 (1.38)
Plant communities found within the proposed project area serve as nesting and sheltering
habitat for various wildlife. Replacing Bridge No. 100 and its associated improvements will
temporarily reduce habitat for faunal species, thereby diminishing faunal numbers. Animals
9
temporarily displaced by construction activities will repopulate areas suitable for the species.
However, due to the size and scope of this project, it is anticipated that impacts to fauna will be
minimal.
Aquatic communities are sensitive to small changes in their environment. Stream
channelization, scouring, siltation, sedimentation and erosion from construction-related work will
affect water quality and biological constituents. Although direct impacts may be temporary,
environmental impacts from these construction processes may result in long term or irreversible
effects. Impacts often associated with in-stream construction include increased channelization
and scouring of the streambed. In-stream construction alters the stream substrate and may
remove streamside vegetation, (which is vital for streambank stabilization) at the site.
Disturbances to the substrate will produce siltation, which clogs the gills and/or feeding
mechanisms of benthic organisms (sessile filter-feeders and deposit-feeders), fish and amphibian
species. Benthic organisms can also be covered by excessive amounts of sediment. Many of
these organisms are slow to recover or repopulate a stream.
Erosion and sedimentation carry soils, toxic compounds and other materials into aquatic
communities at the construction site. These processes magnify turbidity and can cause the
formation of sandbars at the site and downstream, thereby altering water flow and the growth
of vegetation. Streamside alterations also lead to more direct sunlight penetration and to
elevations of water temperatures, which may impact many species.
JURISDICTIONAL TOPICS
This section provides descriptions, inventories and impact analysis pertinent to two
important issues--Waters of the United States and rare and protected species.
Waters of the United States
Surface waters and wetlands fall under the broad category of "Waters of the United States,
as defined in Section 33 of the Code of Federal Register (CFR) Section 328.3(a). Wetlands,
defined in 33 CFR Section 328.3(b), are those areas that are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically adapted to life in saturated
conditions. Any action that proposes to place fill into these areas falls under the jurisdiction of
the U.S. Army Corps of Engineers (COE) under Section 404 of the Clean Water Act (33 U.S.C.
1344). See Table 2 for summary of anticipated impacts.
Characteristics of Wetlands and Surface Waters
Potential wetland communities were investigated pursuant to the 1987 "Corps of Engineers
Wetland Delineation Manual". The three parameter approach is used where hydric soils,
hydrophytic vegetation and characteristic wetland hydrology must all be present for an area to
be considered a wetland. Based on these criteria, wetlands are present throughout the project
area and comprise the dominant community type in this area of low relief as depicted in Table 2.
The impacted acreage from Alternatives 1 and 2 are equivalent because the same tract of land
to the northwest would be impacted. In addition, the USCOE considers impacts for this
temporary access during bridge construction to be permanent rather than temporary, since
problems may arise with soil compaction, etc. in the Dorovan muck soil type.
Turnbull Creek is a jurisdictional surface water under Section 404 of the Clean Water Act
(33 U.S.C. 1344). Discussion of the biological, physical and water quality aspects of this
stream is presented in previous sections of this report.
10
Summary of Anticipated Impacts to Waters of the United States:
Since the Turnbull Creek bridge is to be replaced with a bridge, there are minimal direct
impacts to the surface waters of Turnbull Creek. Since no components of the bridge are
concrete, none of the bridge should be dropped in the water during removal.
Permits
Impacts to jurisdictional surface waters (wetlands) are anticipated. In accordance with
provisions of Section 404 of the Clean Water Act, a permit will be required from the COE for the
discharge of dredged or fill material into "Waters of the United States."
A Section 404 Nationwide Permit No. 23 is likely to be applicable for all impacts to Waters
of the United States from the proposed project. This permit authorizes activities undertaken,
assisted, authorized, regulated, funded or financed in whole, or part, by another Federal agency
or department where that agency or department has determined that pursuant to the council on
environmental quality regulation for implementing the procedural provisions of the National
Environmental Policy Act;
(1) that the activity, work, or discharge is categorically excluded from environmental
documentation because it is included within a category of actions which neither
individually nor cumulatively have a significant effect on the human environment, and;
(2) that the office of the Chief of Engineers has been furnished notice of the agency or
department's application for the categorical exclusion and concurs with that
determination.
A North Carolina Division of Water Quality Section 401 Water Quality Certification is
required prior to the issuance of the Section 404. Section 401 Certification allows surface
waters to be temporarily impacted for the duration of the construction or other land
manipulations.
Avoidance, Minimization and Mitigation
The COE has adopted, through the Council on Environmental Quality (CEQ), a wetland
and stream mitigation policy which embraces the concept of "no net loss" and sequencing. The
purpose of this policy is to restore and maintain the chemical, biological and physical integrity of
Waters of the United States. Mitigation has been defined by the CEQ to include: avoiding
impacts, minimizing impacts, rectifying impacts, reducing impacts over time and compensating
for impacts (40 CFR Section 1508.20). Each of these three aspects (avoidance, minimization
and compensatory mitigation) must be considered sequentially.
The concept of 'avoidance' examines all appropriate and practicable possibilities of
averting impacts to Waters of the United States. A 1990 Memorandum of Agreement (MOAN
between the Environmental Protection Agency (EPA) and the COE states that in determining
"appropriate and practicable" measures to offset unavoidable impacts, such measures should be
appropriate to the scope and degree of those impacts and practicable in terms of cost, existing
technology and logistics in light of overall project purposes. The impacted acreage from
Alternatives 1 and 2 are equivalent because the same tract of land to the northwest would be
impacted. In addition, the USCOE considers impacts for this temporary access during bridge
construction to be permanent rather than temporary, since problems may arise with soil
compaction, etc. in the Dorovan muck soil type. Thus, opportunity for avoidance did not exist
for this project.
11
Minimization includes the examination of appropriate and practicable steps to reduce the
adverse impacts to Waters of the United States. Implementation of these steps will be required
through project modifications and permit conditions. Minimization typically focuses on
decreasing the footprint of the proposed project through the reduction of median widths, ROW
widths, fill slopes and/or road shoulder widths. Other practical mechanisms to minimize impacts
to Waters of the United States crossed by the proposed project include: strict enforcement of
sedimentation control BMPs for the protection of surface waters during the entire life of the
project; reduction of clearing and grubbing activity; reduction/elimination of direct discharge into
streams; reduction of runoff velocity; re-establishment of vegetation on exposed areas, judicious
pesticide and herbicide usage; minimization of "in-stream" activity; and litter/debris control.
The impacted acreage from Alternatives 1 and 2 are equivalent because the same tract of land
to the northwest would be impacted. In addition, the footprint of the proposed facility is
designed to meet federal highway standards for its traffic volume and classification. Thus,
opportunity for minimization did not exist for this project.
Compensatory mitigation is not normally considered until anticipated impacts to Waters
of the United States have been avoided and minimized to the maximum extent possible. It is
recognized that "no net loss" of functions and values may not be achieved in each and every
permit action. Appropriate and practicable compensatory mitigation is required for unavoidable
adverse impacts that remain after all appropriate and practicable minimization has been required.
Compensatory actions often include restoration, creation and enhancement of Waters of the
United States. Such actions should be undertaken in areas adjacent to or contiguous to the
discharge site. Compensatory mitigation is not usually required with Nationwide Permit 23. If
mitigation is required, a nearby mitigation "bank" will be considered for fulfillment of any USACE
requirements.
Rare and Protected Species
Some populations of fauna and flora have been in, or are in, the process of decline either
due to natural forces or their inability to coexist with human activities. Federal law (under the
provisions of the Endangered Species Act of 1973, as amended) requires that any action likely
to adversely affect a species classified as federally protected be subject to review by the Fish
and Wildlife (FWS). Other species may receive additional protection under separate state laws.
Federally-Protected Species
Plants and animals with federal classifications of Endangered, Threatened, Proposed
Endangered and Proposed Threatened are protected under provisions of Section 7 and Section 9
of the Endangered Species Act (ESA) of 1973, as amended. As of February 28, 2000, the FWS
lists the following federally protected species for Bladen County (Table 3). A brief description of
each species' characteristics and habitat requirements follows.
Table 3. Federally-Protected Species for Baden Count
SCIENTIFIC NAME COMMON NAME STATUS
Aci enser brevirostrum shortnose sturgeon Endangered
Alligator mississippiensis American alligator Threatened due to
Similarity of
Appearance
Picoides borealis red-cockaded woodpecker Endangered
Lindera melissifolia ondberr Endan ered
L simachia as erulaefolia rough-leaved loosestrife Endangered
Schwalbea americana American chaffseed Endangered
12
Endangered denotes a species that is in danger of extinction throughout all or a significant
portion of its range
"* ' denotes no specimen from Bladen County found in the past twenty years.
Threatened due to Similarity of Appearance denotes a species that is threatened due to
similarity of appearance with another rare species and is listed for its protection.
Name: American alligator (Alligator mississippiensis) Threatened Due to Similarity of
Appearance
Animal family: Alligatoridae
Date listed: June 4, 1987
The American alligator is a large aquatic reptile, measuring 1.8-5.8 meters in length, with a
broadly rounded snout, heavy body, laterally compressed tail, and a dark gray or blackish color.
Young are black with conspicuous yellow crossbands; the banding may occasionally persist on
adults, although very faintly. Unlike the American crocodile, the fourth tooth on the lower jaw of
the alligator fits in a notch in the upper jaw and is not exposed when the jaws are closed.
The alligator is found rivers, streams, canals, lakes, swamps, bayous, and coastal marshes.
Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with
salinities greater than 5 parts per thousand considered harmful. The diet consists of anything of
suitable size, including mammals, reptiles, amphibians, birds, fish, and crustaceans.
Nesting takes place in late spring and early summer, with the female building a mound of
grass and other vegetation that may be two feet high and six feet across. The nest is usually
constructed near the water, in a shaded location. The clutch of 30-60 (average 35) eggs is laid
in a cavity near the top of the mound, and is incubated by the heat from the decaying
vegetation. The female usually remains near the nest until the eggs hatch. Hatching takes
place in about nine weeks, at which time the young begin calling to alert the female to excavate
the nest. Individuals can travel great distances, both overland and in the water, but males tend
to travel more than females.
The primary threats to the alligator in the past have been loss of habitat and overhunting.
The legal protections in recent years have allowed this species to increase significantly, and it is
now considered biologically secure.
This species is listed as Threatened Due to Similarity of Appearance, and is therefore not
protected under Section 7 of the Endangered Species Act. However, in order to control the
illegal trade of other protected crocodilians such as the American crocodile, federal regulations
(such as hide tagging) are maintained on the commercial trade of alligators. No survey is
required for this species.
Short nosed sturgeon (Acipenser brevirostrum) Endangered
Animal family: Acipenseridae
Date Listed. March 11, 1967
The short-nosed sturgeon is a small 0 meter in length) species of fish which occurs in the
lower sections of large rivers and in coastal marine habitats from the St. Johns River, Canada to
the Indian River. Florida. It can be differentiated from the Atlantic sturgeon by its shorter snout,
13
wider mouth and the pattern of its pre-anal shields (the short-nosed sturgeon having one row
and the Atlantic which has two rows).
The short-nosed sturgeon requires large fresh water rivers that are unobstructed by dams or
pollutants to reproduce successfully.
BIOLOGICAL CONCLUSION NO EFFECT
Suitable habitat in the form of large fresh water is not present in the project area. In
addition, a review of the North Carolina NHP database indicated no known occurrence of short-
nosed sturgeon within 1.6 km (1.Omi) of the project area. It can therefore be concluded that
this project will not affect this species.
Picoides borealis (red-cockaded woodpecker) Endangered
Animal Family: Picidae
Date Listed: October 13, 1970
The adult red-cockaded woodpecker (RCW) has a plumage that is entirely black and white
except for small red streaks on the sides of the nape in the male. The back of the RCW is black
and white with horizontal stripes. The breast and underside of this woodpecker are white with
streaked flanks. The RCW has a large white cheek patch surrounded by the black cap, nape, and
throat.
The RCW uses open old growth stands of southern pines, particularly longleaf pine (Pinus
palustris), for foraging and nesting habitat. A forested stand must contain at least 50% pine,
lack a thick understory, and be contiguous with other stands to be appropriate habitat for the
RCW. These birds nest exclusively in trees that are >60 years old and are contiguous with pine
stands at least 30 years of age. The foraging range of the RCW is up to 200.0 ha (500.0 ac).
This acreage must be contiguous with suitable nesting sites.
These woodpeckers nest exclusively in living pine trees and usually in trees that are infected
with the fungus that causes red-heart disease. Cavities are located in colonies from 3.6-30.3 m
(12.0-100.0 ft) above the ground and average 9.1- 15.7 m (30.0-50.0 ft) high. They can be
identified by a large incrustation of running sap that surrounds the tree. The RCW lays its eggs
in April, May, and June; the eggs hatch approximately 38 days later.
BIOLOGICAL CONCLUSION NO EFFECT
Habitat in the form of old-growth pine trees with an open understory does not exist in the
project study area. The NC Natural Heritage Program database of rare and unique habitats does
not contain records for the RCW within the project vicinity. It is concluded therefore that
project construction will not affect the red-cockaded woodpecker.
Lindera melissifolia (pondberry) Endangered
Plant Family: Lauraceae
Federally Listed: July 31, 1986
Flowers Present: March - early April
14
Pondberry is a deciduous, aromatic shrub that has a distinct sassafras-like odor. Leaves in
the pondberry are arranged alternately, have rounded bases, and droop downward. It has small
pale yellow flowers that appear in early spring before the leaves emerge. The fruit is a bright
red drupe that matures in August or September.
Pondberry grows in lowland habitats with hydric soils. These sites are generally flooded at
some time during the growing season. It is associated with the margins of sinks, ponds, and
other like depressions. The soils present are sandy with a high peat content in the subsurface.
Areas inhabited by this species show signs of past fire maintenance and now have shrubby
conditions. The plants generally grow in shady areas but may also be found in areas that
receive full sunlight.
BIOLOGICAL CONCLUSION NO EFFECT
Habitat in the form of shrubby growth with occasional flooding does exist in the project
study area. However, a search for Lindera melissifolia was conducted during the flowering period
for this species on June 14, 1999 and no plants were found. In addition, the NC Natural
Heritage Program database of rare and unique habitats does not contain records for Lindera
melissifolia within the project vicinity. It is therefore concluded that project construction will not
affect pondberry.
Lysimachia asperulaefolia (rough-leaved loosestrife) Endangered
Plant Family: Primulaceae
Federally Listed: June 12, 1987
Flowers Present: June
Rough-leaved loosestrife is a perennial herb with slender stems and whorled leaves. This
herb has showy yellow flowers which usually occur in whorls of threes or fours. Fruits are
present from July through October.
Rough-leaved loosestrife is endemic to the coastal plain and sandhills of North and South
Carolina. This species occurs in the ecotones or edges between longleaf pine uplands and pond
pine pocosins (areas of dense shrub and vine growth usually on a wet, poorly drained soil), on
moist to seasonally saturated sands and on shallow organic soils overlaying sand. It has also
been found to occur on deep peat in the low shrub community of large Carolina bays (shallow,
elliptical, poorly drained depressions of unknown origins). The areas in which it occurs are fire
maintained. Rough-leaved loosestrife rarely occurs in association with hardwood stands and
prefers acidic soils.
BIOLOGICAL CONCLUSION NO EFFECT
The project study area is not fire-maintained, however the road shoulders are regularly
disturbed, which is preferential for rough-leaved loosestrife. A search for Lysimachia
asperulaefolia was conducted during the flowering period for this species on June 14, 1999 and
no plants were found. In addition, the NC Natural Heritage Program database of rare and unique
habitats does not contain records for Lysimachia asperulaefolia within the project vicinity. It is
therefore concluded that project construction will not affect rough-leaved loosestrife.
Schwalbea americana (American chaffseed) Endangered
Plant Family: Scrophulariaceae
15
Federally Listed: September 29, 1992
Flowers Present: late May-early June
American chaffseed is an erect herb whose stems branch only at the base (if at all). The
entire plant is pubescent, with upwardly curving hairs. The narrow leaves are alternate, lance-
shaped to elliptic and stalkless. The leaves are three veined and become progressively smaller
towards the top. It bears solitary flowers in the axils of the upper-most leaves. The purplish-
yellow flowers are arranged into racemes. The fruits consist of a long narrow capsule, enclosed
in a loose-fitting sack-like structure.
American chaffseed occurs in open, moist pine flatwoods, fire maintained savannas,
ecotonal areas between peat wetlands and open grass-sedge systems. Soils are generally
sandy, acidic, and seasonally moist to dry. Fire is important in the maintenance of open habitat
for the American chaffseed.
BIOLOGICAL CONCLUSION NO EFFECT
The study corridors are not fire-maintained, which is a requirement for American chaffseed.
A search for Schwalbea americana was conducted near the end of the flowering period for this
species on June 14, 1999 and no plants were found. Moreover, the NC Natural Heritage
Program database of rare and unique habitats does not contain records for Schwalbea americana
within the project vicinity. It is therefore concluded that project construction will not affect
American chaffseed.
Federal Species of Concern and State Listed Species
There are 26 Federal Species of Concern (FSC) listed for Bladen County. Federal Species
of Concern are not afforded federal protection under the ESA and are not subject to any of its
provisions, including Section 7, until they are formally proposed or listed as Threatened or
Endangered. Federal Species of Concern are defined as those species that may or may not be
listed in the future. These species were formerly candidate species, or species under
consideration for listing for which there was insufficient information to support a listing of
Endangered, Threatened, Proposed Endangered and Proposed Threatened. Organisms which are
listed as Endangered, Threatened, or Special Concern by the North Carolina Natural Heritage
Program (NCNHP) list of rare plant and animal species are afforded state protection under the
State Endangered Species Act and the North Carolina Plant Protection and Conservation Act of
1979.
Table 4 lists 26 Federal Species of Concern, the species' state status and the presence
of suitable habitat for each species in the study area.
Table 4. Federal Species of Concern for Bladen Count

Scientific name Common name tate
to us Habitat
Aimo hila aestivalis Bachman's sparrow SC no
Cor norhinus rafines uii Rafines ue's big-eared bat SC es
Heterodon simus Southern ho nose snake SR* no
O hisaurus mimicus Mimic lass lizard SC no
Rana ca ito Carolina gopher fro SC no
Fusconaia masoni Atlantic i toe T es
16
Hemi achnobia sub or h rea Venus flytrap cutworm moth SR no
Lam silis carioca Yellow lam mussel T no
Pro om hus be/%i Belle's sanddra on SR es
Amor ha eor iana var. confusa Savannah indigo-bush E no
As lenium heteroresiliens Carolinas leenwort E no
Astra alus michauxii Sandhills milkvetch C/PT no
Carex cha manff Cha man's sedge W1 unknown
Dionaea musci ula Venus fl trap C-SC no
Eu atorium resinosum Resinous boneset T-SC es
Kalmia cuneata White wick E-SC/PC no
Litsea aestivalis Ponds ice C no
Lobefia bo kinif Bo kin's lobelia C no
Macbridea carofiniana Carolina bo mint C/PT es
Parnassia carofiniana Carolina grass-of- arnassus E no
Parthenfum radfordii Wave leaf wild quinine W2 unknown
Pfanta o s arsiflora Pineland plantain E no
Ptero lossas is ecristata Spiked medusa E** no
Rhexia aristosa Awned meadowbeaut T no
Solida o verna S rin -flowerin goldenrod E/PT no
Toffeldia labra Carolina asphodel C* no
"E"--An Endangered species is one whose continued existence as a viable component of the
State's flora is determined to be in jeopardy.
'T"--A Threatened species is one which is likely to become endangered species within the
foreseeable future throughout all or a significant portion of its range.
"SC"--A Special Concern species is one which requires monitoring but may be taken or collected
and sold under regulations adopted under the provisions of Article 25 of Chapter 113 of
the General Statutes (animals) and the Plant Protection and Conservation Act (plants).
Only propagated material may be sold of Special Concern plants that are also listed as
Threatened or Endangered.
"C"--A Candidate species is one which is very rare in North Carolina, generally with 1-20
populations in the state, generally substantially reduced in numbers by habitat destruction,
direct exploitation or disease. The species is also either rare throughout its range or
disjunct in North Carolina from a main range in a different part of the country or the world.
"SR"--A Significantly Rare species is one which is very rare in North Carolina, generally with 1-20
populations in the state, generally substantially reduced in numbers by habitat destruction,
direct exploitation or disease. The species is generally more common elsewhere in its
range, occurring peripherally in North Carolina.
"W1 "--A Watch Category 1 species is a rare species whose status in North Carolina is relatively
well known and which appears to be relatively secure at this time.
"W2"--A Watch Category 2 species is a rare to uncommon species in North Carolina, but is not
necessarily declining or in trouble.
"/P_"--denotes a species which has been formally proposed for listing as Endangered,
Threatened, or Special Concern, but has not yet completed the listing process.
"*"--No specimen found in Bladen County in fifty years.
"* * "--Obscure record (the date and/or location of observation is uncertain).
(NHP, 1997)
A review of the NC Natural Heritage Program (NHP) database of rare species and unique
habitats revealed no records of Federal Species of Concern in or near the project study area.
Surveys for the state listed species were not conducted, nor were any of these species
observed.
17
D. Air Quality and Traffic Noise
This project is an air quality "neutral" project, thus it is not required to be included in the
regional emissions analysis (if applicable) and a project level CO analysis is not required.
If the project disposes of vegetation by burning, all burning shall be done in accordance
with applicable local laws and regulations of the North Carolina SIP for air quality in compliance
with 15 NCAC 2D.0520.
The project will not substantially increase traffic volumes. Therefore, it will have no
substantial impact on noise levels. Temporary noise increases may occur during construction.
E. Farmland
The Farmland Protection Policy Act of 1981 requires that all federal agencies or their
representatives; to consider the impact of land acquisition and construction projects on prime
and important farmland soils. These soils are determined by the US Natural Resources
Conservation Service (NRCS) based on criteria such as potential crop yield and possible level of
input of economic resources. The project will result in the conversion of a small amount of land
but the area to be converted is void of agricultural uses. Therefore, no further consideration of
impacts to farmland is required.
18

C O U N T Y 2
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. OF TA AN°.

HORSESHOE
LAKE

Bladen Count`,'
Replace Bridge No. 100 on SR 1331
Over Turnbull Creel:
B-3412
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North Carolina Department of
Transportation
Division of HieliwaYs
Project Development S Environmental
Analysis Branch
Baden County
e Bridge No. 100 on SR 1331
Over Turnbull Crock
11-3412
Fiume Thrc
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North Carolina Wildlife Resources Commission
-)12 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Bill Goodwin, Project Planning Engineer
Project Development & Environmental Analysis Branch, NCDOT
FROM: David Cox, Highway Project Coord' or
Habitat Conservation Program
i
DATE: March 19, 1999
SUBJECT: NCDOT Replacements in Bladen and Jones counties. TIP Nos. B-3409,
B-3412, B-3413, and B-3438.
Biologists with the N. C. Wildlife Resources Commission (NCWRC) have
reviewed the information provided and have the following preliminary comments on the
subject project. Our comments are provided in accordance with provisions of the
National Environmental Policy Act (42 U.S.C. 4332(2)(c)) and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
On bridge replacement proiects of this scope our standard recommendations are as
follows:
1. We generally prefer spanning structures. Spanning structures usually do not
require work within the stream and do not require stream channel realignment.
The horizontal and vertical clearances provided by bridges allows for human
and wildlife passage beneath the structure, does not block fish passage, and
does not block navigation by canoeists and boaters.
2. Bridge deck drains should not discharge directly into the stream.
3. Live concrete should not be allowed to contact the water in or entering into the
stream.
4. If possible, bridge supports (bents) should not be placed in the stream.

Iiricl!,c Replacement N,lcmo ; March 19, 1991)
avoid destabilizing stream banks. If the structure will he on a new alionmcnt, the old
structure should be removed and the approach fills removed from the I00-year
floodplain. ;\pproach fills should be removed down to the natural ground elevation. The
area should be stabilized with crass and planted with native tree species. If the area that
is reclaimed was previously wetlands, NCDOT should restore the area to wetlands. If
successful, the site may be used as wetland mitigation for the subject project or other
projects in the watershed.
Project specific comments:
I . B-3409 - Bladen County - Bridge No. 27 is surrounded by high quality
wetlands. This project should be replaced in-place with road closure. All
construction activity should be restricted to the cleared ri(,ht-of-way on the
western (downstream) side of the existing structure.
2. B-3412 - Bladen County - Bridge No. 100 may have wetlands adjacent to the
roadway. All construction activity should take place in the cleared right-of-
way on the southeastern (upstream) side of the existing bridge. If an on-site
detour is needed it should also use the cleared area.
3. B-3413 - Bladen Countv - Bridge No. 177 may have wetlands adjacent to the
roadway. All construction activity should be restricted to the cleared right-of-
way on the western (upstream) of the existing bridge. If an on-site detour is
needed it should also use the cleared area.
4. B-3438 - Jones County - Bridge No. 19 crosses Mill Creek, which is a
tributan• to the Trent River. This stream supports a good fishery for sunfish
and chain pickerel. We request that no in-water work be performed from
April l to September 30. If a temporary detour is need, we suggest the using
the downstream side of the existing bridge. Sediment curtains should be used
to minimize impacts from turbidity.
Wel request that NCDOT routinely minimize adverse impacts to fish and wildlife
resources in the vicinity of bridge replacements. The NCDOT should install and
maintain sedimentation control measures throughout the life of the project and prevent
wet concrete from contacting water in or entering into these streams. Replacement of
bridges with spanning structures of some type, as opposed to pipe or box culverts, is
recommended in most cases. Spanning structures allow wildlife passage along
streambanks. reducing habitat fragmentation and vehicle related mortality at highway
crossings.
If you need further assistance or information on NCWRC concerns regarding
bridge replacements, please contact me at [phone]. Thank you for the opportunity
to review and comment on these projects.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200200729 TIP No: B-3412 State Project No: 8.2420601 County: Bladen
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Applicant: North Carolina Department of Transportation ?.,,.---•••-' ,
Address: William D. Gilmore, P.E., Branch Manager t ?V11?
North Carolina Department of Transportation
Project Development and Environmental Analysis' i
1548 Mail Service Center tip
Raleigh, North Carolina 27699-1548 WATT dLl "?
Telephone Number: [phone]
Size and Location of project (waterway, road name/number, town, etc.): Bridge No. 100 on SR 1331 over
Turnbull Creek in Bladen County, North Carolina.
Description of Activity: To replace existing 53-foot long by 20-foot wide single-span bridge number 100 with a 110-
foot long by 26-foot wide 3-span bridge on same alignment impacting 0.19 acres of wetlands. In addition, the project
will involve the construction of a temporary detour bridge and a temporary causeway located north of the existing
structure impacting 0.4 acres of wetlands.
Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344)
Section 10 (River and Harbor Act of 1899)
Authorization: 23 Nationwide Permit Number
Regional General Permit Number
Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in
strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if
Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality
certification from the N.C. Division of Environmental Management, telephone [phone]
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of
the RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
This Department of the Army RGP or NWP verification does not relieve the permittce 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-3 I May 202
Corps Regulatory Official Richard K. Spencer Telephone No. [phone]
Expiration Date of Verification_ 31 Mqy_2005_._
CF: Karen Lynch, NCDOT
John IIennessey, NCDWQ
Jim Rerko, NCDOT Div. 6
Action Ill: 200200729 TIP No: B-3412 State Project No: 8.2420601 County: Bladen
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
SPECIAL CONDITIONS
1. Bridge demolition and removal will be accomplished in accordance with "North Carolina Department of
Transportation Policy: Bridge Demolition and Removal in Waters of the United States" dated September
20, 1999.
2. All bridge demolition debris shall be removed from the waterway and wetlands in its entirety upon
completion of demolition.
3. All temporary causeway fills are to be placed on filter cloth and shall be removed from the
wetland/waterway in its entirety upon completion of constriction.
4. All conunitments identified in the Categorical Exclusion "Project Commitments" Green Sheets dated
January 2001, are hereby made conditions of this authorization and shall be complied with.
5. Compensatory mitigation shall be provided by restoring 0.05 acres of wetlands at the project site and
debiting a total of 1.08 acres of swamp forest wetlands at the Dowd Dairy mitigation site in Bladen County,
North Carolina. The Dowd Dairy debit site for this project is identified as area "C-3" on the "Dowd Dairy
Mitigation Debit Map", dated May 23, 2002 and by coordinates for Plot "C-3" in the "Dowd Dairy Debit
Ledger", dated May 23, 2002.
LEGEND
--WLB?'- WETLAND BOUNDARY
XXXXX
C:-:?)
LIVE STAKES
L
WETLAND
L
DENOTES FILL IN
WETLAND
DENOTES FILL
SURFACE WATER
R
DENOTES FILL
SURFACE WATER
R
(POND)
DENOTES TEMPORARY
FILL IN WETLAND
gm DENOTES EXCAVATION
IN WETLAND
DENOTES TEMPORARY
FILL IN SURFACE WATER
DENOTES MECHANIZED
CLEARING
E-- f- FLOW DIRECTION
TB
TB TOP OF BANK
- WE EDGE OF WATER
C- PROP. LIMIT OF CUT
F- PROP. LIMIT OF FILL
-?- PROP. RIGHT OF WAY
NG - NATURAL GROUND
P1` - PROPERTY LINE
- TOE - TEMP. DRAINAGE
EASEMENT
-PDE- PERMANENT DRAINAGE
EASEMENT
-EAB- EXIST. ENDANGERED
ANIMAL BOUNDARY
-EPB- EXIST. ENDANGERED
PLANT BOUNDARY
-----U - - WATER SURFACE
RIP RAP
RIP RAP ENERGY
DISSIPATOR BASIN
N. C. DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
BLADEN COUNTY
BOULDER
COIR FIBER ROLLS
O ADJACENT PROPERTY OWNER
OR PARCEL NUMBER
PROPOSED BRIDGE
PROPOSED BOX CULVERT
PROPOSED PIPE CULVERT
(DASHED LINES DENOTE
EXISTNG STRUCTURES)
C-3 SINGLE TREE
WOODS LINE
¦ DRAINAGE INLET
ROOTWAO
VANE

PROJECT:8.2420601 - B-3412
BRIDGE 4100 OVER
TURNBULL CREEK AND
APPROACHES ON SR 1331
SHEET 2 OF 7 SBPT 2001
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DIVISION OF HIGHWAYS
BLADEN COUNTY
PROJECT: 81420601 - B-3412
BRIDGE a100 OVER
TURNBULL CREEK AND
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Federal Register/Vol. 67, No. 10 /'Tuesday, January 15, 2002/Notices 2077
r
New York
New York District Engineer, ATTN: CENAN-
OP-R, 26 Federal Plaza, New York, NY
10278--0090
North Carolina
Wilmington District Engineer, ATTN:
CESWW-RG, P.O. Box 1890, Wilmington,
NC 28402-1890
North Dakota
Omaha District Engineer, ATTN: CENWO-
OP-R, 106 South 15th Street, Omaha, NE
68102-1618
Ohio
Huntington District Engineer, ATTN:
CELRH-OR-F, 502 801 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, A'ITN: CENAB-
OP-R, P.O. Box 1715, Baltimore, MD
21203-1715
Rhode Island
New England District Engineer, ATTN:
CENAE-R, 696 Virginia Road, Concord,
MA 01742-2751
South Carolina
Charleston District Engineer, ATTN: CESAC-
CO-P, P.O. Box 919, Charleston, SC
29402-0919
South Dakota
Omaha District Engineer, ATTN: CENWO-
OP-R, 106 South 15th Street, Omaha, NE
68102-1618
Tennessee
Nashville District Engineer, ATTN: CELRN--
OP-F, P.O. Box 1070, Nashville, TN
37202-1070
Texas
Ft. Worth District Engineer, ATTN: CESWF
PER-R, P.O. Box 17300, Ft. Worth, TX
76102-0300
Utah
Sacramento District Engineer, ATTN:
CESPK-CO--R, 1325 J Street, CA 9581.1--
2922
Vermont
New England District Engineer, ATTN:
CENAE-R, 696 Virginia Road, Concord,
MA 01742-2751
Virginia
Norfolk District Engineer, A'1TN: CENAO-
OP-R, 803 Front Street, Norfolk, VA
23510--1096
Washington
Seattle District Engineer, ATTN: CENWS -
OP--RG, P.O. Box 3755, Seattle, WA 98124-
2255
West Virginia
Huntington District Engineer, ATTN:
CELRH--OR-F, 502 8th Street, Huntington,
WV 25701-2070
Wisconsin
St. Paul District Engineer, AT TN: CEMVP-
CO-R, 190 Fifth Street East, St. Paul, MN
55161-1638
Wyoming
Omaha District Engineer, ATTN: CENWO--
OP--R, 106 South 15th Street, Omaha, NE
68102-1618
District of Columbia
Baltimore District Engineer, ATTN: CENAB-
OP-R, P.O. Box 1715, Baltimore, MD
21203-1715
Pacific Territories (American Samoa, Guam,
& Commonwealth of the Northern Mariana
Islands)
Honolulu District Engineer, ATTN: CEPOH-
EC-R, Building 230, Fort Shafter,
Honolulu, HI 96858-5440
Puerto Rico & Virgin Islands
Jacksonville District Engineer, ATTN:
CESAJ-CO-R, P.O. Box 4970, Jacksonville,
FL 32202-4412
Dated: January 4, 2002.
Approved:
Robert H. Griffin,
Brigadier General, U.S. Army, Directorof Civil
Works.
Nationwide Permits, Conditions,
Further Information, and Definitions
A. Index of Notion lvide 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
G. Survey Activities
7. Outfall Structures and Maintenance
8. Oil and Gas Structures
9. Structures in Fleeting and Anchorage
Areas
10. Mooring Buoys
11. Temporary Recreational Structures
12. Utility Line Activities
13. Bank Stabilization
14. Linear Transportation Projects
15. U.S. Coast Guard Approved Bridges
16. Return Water From Upland Contained
Disposal Areas
17. Hydropower Projects
18. Minor Discharges
19. Minor Dredging
20. Oil Spill Cleanup
21. Surface Coal Mining Activities
22. Removal of Vessels
23. Approved Categorical Exclusions
24. State Administered Section 404 Programs
25. Structural Discharges
26. [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 Floodptains
27. Construction Period
Further Information
Definitions
Best Management 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
Stormwater Man
agement bridges, culverted road crossings, water

intake structures
etc
he
) and t
clone primarily to obtain fill for any
-
Stormwater Management Facilities
Stream Bed ,
.
placement of new or additional riprap t restoration activities. The discharge of
o clred;;ed or fill material and all related
Stream Channelization protect the structure, provided the work needed to restore the upland Intl,[
Tidal Wetland perrnittee notifies the District Engineer be part of a single and complete project,
Vegetated 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 NWP 19 to
restore damaged upland areas. This
B. Nationwide Permits waterway in the immediate vicinity of permit cannot be used to reclairn
1. Aids to Navigation. The placement
h
e p
ce the structure to the approximate
dimensions that existed wh
th historic lands lost, over an extended
of aids to navigation and
Regutory
la
markers which areapproved b and
y
en
e
structure was built, but cannot extend
period, to normal erosion processes.
This permit does riot authorize

installed in accordance with the further than 200 feet in any direction
from the structure. The lacement of ri
p maintenance dredging for the primary
requirements of the U.S. Coast Guard

(USCG) (See 33 CFR, chapter I [
rap must be the minimum necessary to purpose of navigation and beach
restoration. This"
I'bis permit does not
,
subchapter C part 6C,). (Section 10)
-
r protect the structure or to ensure the

safety of the structure
All exc
v
t
d
authorize new stream channelization or

2. Structures
in
Artificial Canals.
Structures constructed in artificial
res c
.
a
a
e
materials must be deposited and
stream relocation projects. Any work
authorized by this permit must not
canals
within principally residential
developments where the connection of retained in an upland area unless
otherwise specifically approved by the cause more than minimal degradation of
water quality, more than minimal
the canal to navigable water of the US
has been previously authorized (see 33 District Engineer under separate
authorization. Any bank stabilization changes to the flow characteristics of the
stream, or increase flooding (See
CFR 322.5(8)). (Section 10)
1. Maintenance. Activities related to: measures not directly associated with
the structure will require a separate General Conditions 9 and 21). (Sections
10 and 404)
(i) The repair, rehabilitation, or authorization from the District Engineer. Note: '['his NWP authorizes the repair

replacement of any previously
(iii) Discharges of dredged or fill ,
rehabilitation, or replacement of any
authorized, currently serviceable, material, including excavation, into all previously authorized structure or fill that
structure, or fill, or of any currently waters of the US for activities associated does not qualify for the Section 404(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 construction, placement, or installation and Activities. Fish and wildlife
contemplated for it in the original
permit or the most recently authorized of upland protection structures and
minor dredging to remove obstructions harvesting devices and activities such as
pound nets, crab traps, crab dredging

modification. Minor deviations in the
'
in a water of the US. (Uplands lost as ,
eel pots, lobster traps, duck blinds
clam
structure
s configuration or filled area
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 uplands are restored to their original NWP authorizes shellfish seeding
standards which are necessary to make pre-event location. This NWP is for the provided this activity does not occur in
repair, rehabilitation, or replacement are activities in waters of the US associated wetlands or sites that support
permitted, provided the adverse with the replacement of the uplands.) submerged aquatic vegetation (including
environmental effects resulting frorn The permittee must notify the District sites where submerged aquatic
such repair, rehabilitation, or
replacement are minimal. Currently Engineer, in accordance with General
Condition 13, within 12-months of the vegetation is documented to exist, but
may not be present in a given year.).
serviceable means useable as is or with date of the darnage and the work must This NWP does not authorize artificial
some maintenance, but not so degraded commence, or be tinder contract to reefs or impoundments and senri-
as to essentially require reconstruction.
This NWP authorizes the repair, commence, within two years of the date
of the damage. The permittee should impoundments of waters of the US for
the culture or holding of motile species
rehabilitation, or replacement of those provide evidence, such as a recent such as lobster or the use of covered
structures or fills destroyed or darnaged
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. Tire restoration of the
damaged areas cannot exceed th , 5. Scientific Measurement Devices.
D

commenced, or is under contract to e
contours, or ordinary high water mark, evices, whose purpose is to measure
and record scientific data such as staff
commence, within two years of the (late
of their destruction or damage. In cases that existed before the darnage. The
District Engineer retains the right to gages, tide 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 clischarge is
similar delays,
(ii) Discharges of dredged or fill waterbody is limited to 50 cubic yards
below the plane of the ordinary high limited to 25 cubic yards and further for
discharges of 10 to 25 cubic
ards
material, including excavation, into all
waters of the US to remove accumulat
d water mark, and is limited to the y
provided the pertnittee notifies the
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.0 .,
waterbody. The dredging may not be ,
(Sections 10 and 404)
Federal Register / Vol. 67, No. 10 /Tuesday, January 15, 2002 /Notices 2079
' G. Survey Activities. Survey activities
including core sampling, seismic
exploratory operations, plugging of
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
MVP. 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, pacts
and other similar activities is not
authorized by this NM', The MVP does
not authorize any permanent structures.
The discharge of drilling mud and
cuttings may require a permit under
section 402 of the CWA. (Sections 10
and 404)
-7. Outfoll Structures and
Maintenance. Activities related to:
M 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 carrals 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. 'I'he excavated or dredged material
is deposited and retained at an upland
site, unless otherwise approved by the
District Engineer under separate
authorization; and
d. Proper soil erosion and sediment
control measures are used to minimize
reentry of sediments into waters of the
us.
The construction of intake structures
is not authorized by this NWP, unless
they are directly associated with an
authorized outfall structure. For
maintenance excavation and dredging to
remove accumulated sediments, the
notification must include information
regarding the original design capacities
and configurations of the facility and
to presence of special aquatic sites
e.g., vegetated shallows) in the vicinity
of the proposed work. (Sections 10 and
404)
8. Oil and Gas Structures. Structures
for the exploration, production, and
transportation of oil, gas, and minerals
on the outer continental shelf within
areas leased for such purposes by the
DM Minerals Management Service
(MMS).'Such structures shall riot-be
placed within the limits of any
desioitated shipping safety fairway or
traffic separation scheme, except
temporary anchors that comply with the
fairway regulations in 33 CF'R 322.5(1).
(Where such limits have not been
designated, or where changes are
anticipated, District Engineers will
consider asserting discretionary
authority in accordance with 33 CFR
330.4(e) and will also review such
proposals to ensure they comply with
the provisions of the fairway regulations
in 33 CFR 322.5(1). Any Corps review
under this permit will be limited to the
effects on navigation and national
security in accordance with 33 CFR
322.5(f)). Such structures will not be
placed in established danger zones or
restricted areas as designated in 33 CFR
part 334: nor will such structures be
permitted in EPA or Corps designated
dredged material disposal areas.
(Section 10)
9. Structures in Fleeting and
Anchorage Areas. Structures, buoys,
floats and other devices placed within
anchorage or fleeting areas to facilitate
moorage of vessels where the USCG has
established such areas for that purpose.
(Section 10)
10. Mooring Buovs. Non-commercial,
single-boat, mooring buoys. (Section 10)
11. Temporary Recreational
Structures. Temporary buoys, markers,
small floating docks, and similar
structures placed for recreational use
during specific events such as water
skiing competitions and boat races or
seasonal use provided that such
structures are removed within 30 days
after use has been discontinued. At
Corps of Engineers reservoirs, the
reservoir manager must approve each
buoy or marker individually. (Section
10)
•12. Utility Line Activities. Activities
required for the construction,
maintenance and repair of utility lines
and associated facilities in waters of the
US as follows:
(i) Utility lines: The construction,
maintenance, or repair of utility lines,
including outfall and intake structues
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 slurry
substance, for any purpose, and any
cable, line, or wire for the transmission
for any purpose of electrical energy,
telephone, and telegraph messages, and
radio and television communication
(see Note 1, below). Material resulting
front 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 riot 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 clay
blocks to ensure that the trench (toes 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-tidal 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 precpnstruction contours and

2080 -Federal Register/ Vol. 67, No. 10/Tuesday, January 15, 2002 / Notic0s
elevations (e.g., at grade corduroy roads
or geotextile/gravel roads). Access road.
constructed above [)reconstruction
contours and elevations in waters of the
US must be properly bridged or
culverted to maintain surface flows.
The tern "utility line" does not
include activities which drain a water o
the US, such as drainage tile, or french
drains; however, it does apply to pipes
conveying drainage from another area.
For the purposes of this NWP, the loss
of waters of the US includes the filled
area plus waters of the US that are
adversely affected by flooding,
excavation, or drainage as a result of the
project. Activities authorized by
paragraph (i) through (iv) may not
exceed a total of 1h-acre loss of waters
of the US. Waters of the US temporarily
affected by filling, flooding, excavation,
or drainage, where the project area is
restored to preconstruction contours
and elevation, is not included in the
calculation of permanent loss of waters
of the US. This includes temporary
construction mats (e,g., timber, steel,
geotextile) used during construction and
removed upon completion of the work.
Where certain functions and values of
waters of the US are permanently
adversely affected, such as the
conversion of a forested wetland to a
herbaceous wetland in the permanently
maintained utility line right-of-way,
mitigation will be required to reduce the
adverse effects of the project to the
minimal level.
Mechanized land clearing necessary
for the construction, maintenance, or
repair of utility lines and the
construction, maintenance and
expansion of utility line substations,
foundations for overhead utility lines,
and access roads is authorized, provided
the cleared area is kept to the minimum
necessary and preconstruction contours
are maintained as near as possible. The
area of waters of the US that is filled,
excavated, or flooded must be limited to
the minimum necessary to construct the
utility line, substations, foundations,
and access roads. Excess material must
be removed to upland areas
immediately upon completion of
construction, This NWP may authorize
utility lines in or affecting navigable
waters of the US even if there is no
associated discharge of dredged or fill
material (See 33 CFR part 322.).
Notification: The permittee must
notify the District Engineer in
accordance with General Condition 13,
if any of the following criteria are met:
(a) Mechanized lan d clearing in a
forested wetland for the utility line
right-of-way;
(b) A Section 10 permit is required;
(c) The utility line in waters of the
s US, excluding overhead lines, exceeds
500 feet;
(d) The utility line is placed within a
jurisdictional area (i.e., water of the US),
and it runs parallel to a stream bed that
is within that jurisdictional area;
f (e) Discharges associated with the
construction of utility line substations
that result in the loss of greater than 1/i,
acre of waters of the US; or
(f) Pennanent access roads
constructed above grade in waters of the
US for a distance of more than 500 feet.
(g) Permanent access roads
constructed in waters of the US with
impervious materials. (Sections 10 and
404)
Note 1; Overhead utility lines constructed
over Section 10 waters and utility lines that
are rooted in or under Section 10 waters
without a discharge of dredged or fill
material require a Section 10 permit; except
for pipes or pipelines used to transport
gaseous, liquid, liquescent, or slurry
substances over navigable waters of the US,
which are considered to be bridges, riot
utility lines, and may require a permit from
the USCG pursuant to section 9 of the Rivers
and Harbors Act of 1899. however, any
discharges of dredged or fill material
associated with such pipelines will require a
Corps permit under Section 404.
Note 2: Access roads used for both
construction and maintenance may be
authorized, provided they meet the terms and
conditions of this NWP. Access roads used
solely for construction of the utility line must
be removed upon completion of the work and
the area restored to preconstruction contours,
elevations, and wetland conditions.
Temporary access roads for construction may
be authorized by NWP 33.
Note 3: bVhere the proposed utility line is
constructed or installed in navigable waters
of the US (i.e., Section 10 waters), copies of
the PCN and NWP verification will be sent
by the Corps to the National Oceanic and
Atmospheric Administration (NOAH),
National Ocean Service (NOS), for charting
.the utility line to protect navigation.
•13. Bank Stabilization. Bank
stabilization activities necessary for
erosion prevention provided the activity
meets all of the following criteria:
a. No material is placed more than the
minimum needed for erosion protection;
b. The batik stabilization activity is
less than 500 feet in length;
c. The activity will not exceed an
average of one cubic yard per running
foot placed along the bank below the
plane of the ordinary high water mark
or the high title line;
d. No material is placed in any special
aquatic site, including wetlands;
e. No material is of the type, or is
placed in any location, or in any
manner, to impair surface water flow
into or out of any wetland area;
f. No material is placed in a manner I
that will be eroded by normal or
expected high flows (properly anchored
trees and treetops may be used in low
energy areas); and,
g. 't'he activity is part of a single and
complete project.
Bank stabilization activities in excess
of 500 feet in length or greater than an
average of one cubic yard per running
foot may be authorized if the permittee
notifies the District Engineer in
accordance with the "Notification"
General Condition 13 and the District
Engineer determines the activity
complies with the other terms and
conditions of the NWP and the adverse
environmental effects are minimal both
individually and cumulatively. This
NWP may not be used for the
channelization of waters of the US.
(Sections 10 aril 404)
1111. Linear `Transportation Projects.
Activities required for the construction,
expansion, modification, or
improvement of linear transportation
crossings highways, railways,
trails, airport runways, and taxiways) in
waters of the US, including wetlands, if
the activity meets the following criteria:
a. This NWP is subject to the
following acreage limits:
(1) For linear transportation projects
in non-tidal waters, provided the
discharge does not cause the loss of
greater than 1/z-acre of waters of the US;
(2) For linear transportation projects
in tidal waters, provided the discharge
does not cause the loss of greater than
1/3-acre of waters of the US.
b. The permittee must notify the
District Engineer in accordance with
General Condition 13 if any of the
following criteria are met:
(1) The discharge causes the loss of
greater than 1/io-acre of waters of the US;
or
(2) There is a discharge in a special
aquatic site, including wetlands;
c. The notification must include a
compensatory mitigation proposal to
offset permanent losses of waters of the
US to ensure that those losses result
only in minimal adverse effects to the
aquatic environment and a statement
describing how temporary losses will be
minimized to the maximum extent
practicable;
d. For discharges in special aquatic:
sites, including wetlands, and stream
riffle and pool complexes, the
notification must include a delineation
of the affected special aquatic sites;
e. The width of the fill is limited to
the minimum necessary for the crossing;
f. This permit does not authorize
stream channelization, and the
authorized activities must not cause
more than minimal changes to the
lydraulic flow characteristics of the
stream, increase flooding, or cause more
Federal Register / Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2081
than minimal degradation of water
quality of any stream (see General
Conditions 9 and 21);
g. This permit cannot be used to
authorize non-linear features commonly
associated with transportation projects,
such as vehicle maintenance or storage
buildings, parking lots, train stations, or
aircraft hangars; and
h. The crossing is a single and
complete project for crossing waters of
the US. Where a road segment (i.e., the
shortest segment of a road with
independent utility that is part of a
larger project) has multiple crossings of
streams (several single and complete
projects) the Corps will consider
whether it should use its discretionary
authority to require an Individual
Permit. (Sections 10 and 404)
Note: Some discharges for the construction
of 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. HyclropowerProjects. Discharges
of dredged or fill material associated
with (a) small hydropower projects at
existing reservoirs where the project,
which includes the fill, are licensed by
the Federal Energy Regulatory
Commission (FERC) under the Federal
Power Act of 1920, as amended; and has
a total generating; capacity of not more
than 5000 k1V; and the permittee
notifies the District Engineer in
accordance with the "Notification"
General Condition; or (b) hydropower
projects for which the FERC has granted
an exemption from licensing pursuant
to section 408 of the Energy Security
Act of 1980 (16 U.S.C. 2705 and 2708)
and section 30 of the Federal Power Act
as amended; provided the permittee
notifies the District Engineer in
accordance with the "Notification"
General Condition. (Section 404)
18.41inorDischarges, 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 Vro-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 he
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 404)
19. Minor Dredging. Dredging of no
more than 25 cubic yards below the
plane of the ordinary high water mark
or the mean high water mark 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), anadrolnous fish spawrling areas,
or wetlands, or the connection of canals
01, other artificial waterways to
navigable waters of the US (see 33 CFR
322.5(g)). (Sections 10 and 404)
20. Oil 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 Mining Activities.
Discharges of dredged or fill material
into waters of the US associated with
surface coal mining and reclamation
operations provided the coal mining
activities are authorized by the DOI,
Office of Surface Mining (OSM), or by
states with approved programs under
Title V of the Surface Mining Control
and Reclamation Act of 1977 and
provided the permittee notifies the
District Engineer in accordance with the
"Notification" General Condition. In
addition, to be authorized by this NWP,
the District Engineer must determine
that the activity complies with the terms
and conditions of the NWP and that the
adverse environmental effects are
minimal both individually and
cumulatively and must notify the
project sponsor of this determination in
writing. The Corps, at the discretion of
the District Engineer, may require a
bond to ensure success of the
mitigation, if no other Federal or state
agency has required one. For discharges
in special aquatic sites, including
wetlands, and stream riffle and pool
complexes, the notification must also
include a delineation of affected special
aquatic sites, including wetlands. (also,
see 33 CFR 330.1(e))
Mitigation: In determining the need
for as well as the level and type of
mitigation, the District Engineer will
ensure no more than minimal adverse
effects to the aquatic environment
occur. As such, District Engineers will
determine oil a case-by-case basis the
requirement for adequate mitigation to
ensure the effects to aquatic systems are
minimal. In cases where OSM or tyre
state has required mitigation for the loss
of aquatic habitat, the Corps may
consider this in determining appropriate
mitigation tinder 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 /'1'ucsday, January 15, 2002/Notices
made obstructions to navigation. This
NWP does not authorize the removal of within the form prior to the discharge of bed and/or banks to restore or create
concrete
sand
rock
etc
This NWP

vessels listed or determined eligible for
listing on the National Re
ister of ,
,
,
.
does not authorize filled structural
b stream meanders; the backfilling of
artificial channels and drainage ditches;
g
Historic Places unless the District mem
ers that would support buildings,
buildin
d
h
h the removal of existing drainage

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

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

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

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

Federal agency or department where
that agency or department has ,
and the restoration and enhancement of
d aqua
c use, suc
as the creation of an
impoundment for waterfowl habitat.

determined, pursuant to the Council on non-ti
al streams and non-tidal open
water areas as follows: This NWP does not authorize stream
channelization
This NWP doe
t
Environmental Quality Regulation for
Implementing the Procedural Provisions (a) The activity is conducted on:
(1) Non-Federal public lands arid .
s no
authorize the conversion of natural

of the National Environmental Policy
Act (NEPA) (40 CFR
art 1500 et se
) .
private lands, in accordance with the
terms
d
di
i wetlands to another aquatic use, such as
creation of waterfowl impoundments
p
q.
,
that the activity, work, or discharge is an
con
t
ons of a binding
wetland enhancement, restoration, or where a forested wetland previously
existed. However
this NWP authorize

categorically excluded from
environmental documentation, because
creation agreement between the
landowner and the U
S
Fish
d ,
s
the relocation of non-tidal waters,

it is included within a category of
actions which neither i
di
id
ll .
.
an
Wildlife Service (FWS) or the Natural including non-tidal wetlands, on the
project site provided there are net gains
n
v
ua
y nor
cumulatively have a significant effect on Resources Conservation Service (NRCS),
the National Marine Fisheries Service, in aquatic resource functions and
values. For example
this NWP ma

the human environment, and the Office
of the Chief of Engineers (ATTN: CECW-
the National Ocean Service, or
voluntary wetland restoration ,
y
authorize the creation of an open water
i

OR) has been furnished notice of the
'
' ,
enhancement, and creation actions mpoundment in a non-tidal emergent
wetland, provided the non-tidal
agency
s or department
s application for
the categorical exclusion and concurs documented by the NKCS pursuant to
NRCS re
ulations
or emergent wetland is replaced by

with that determination. Before g
;
(2) Reclaimed surface coal mine creating that wetland type on the project
site. This NWP does not authorize th

approval for purposes of this NWP of
'
lands, in accordance with a Surface e
relocation of tidal waters or the
any agency
s categorical exclusions, the
Chief of Engineers will solicit public Mining Control and Reclamation Act
permit issued b
the OSM or th conversion of tidal waters, including
d

comment. In addressing these y
e
applicable state agency (the future ti
al wetlands, to other aquatic uses,
such as the conversion of tidal wetlands
comments, the Chief of Engineers may
require certain conditions for reversion does not apply to streams or
wetlands created, restored, or enhanced into open water impoundments.
Reversion
For enhancement

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

24. State Administered Section 404 topographic features, nor for a
miti-ation bank); or NWP does not authorize any future
discharge of dred
ed or fill materi
l
Program. Any activity permitted by a
state administering its own Section 404 (3?Any other public, private or trihal
lands; g
a
associated 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
separate permit would be required for
1344(8)-(1) is permitted pursuant to
section 10 of the Rivers and Harbors Act
f public or private land that are riot
described by paragraphs (a)(1) or (a)(2) any reversion. For restoration,
enhancement, and creation projects
o
1899. Those activities that do not
involve a Section 404 state permit are above, the permittee must notify the
District Engineer in accordance with conducted under paragraphs (a)(1) and
(
)(2)
thi
NWP
l

not included in this NWP, but certain
General Condition 13; and a
,
s
a
so authorizes any
future discharge of dredged or fill
structures will be exempted by section
154 of Pub. L. 94-587, 90 Stat. 2917 (33 (c) Planting of only native species
should occur on th
it material associated with the reversion of

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

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

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

supported structures, such as bridges,
transmission line footings, and
installation of current deflectors; the
enhancement
restorati
n
ti
f xp
res.
This NWP also authorizes the reversion
f

walkways or for general navigation, ,
o
, or crea
on o
riffle and pool stream structure; the o
wetlands that were restored,
enhanced, or created on prior-converted
such as mooring cells, including the
excavation of bottom material from placement of in-stream habitat
structures; modifications of the stream cropland that has riot been abandoned,
in accordance with a binding agreement
Federal Register / Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2083
between the landowner and NRCS or
F'WS (even though the restoration,
enhancement, or creation activity did
not require a Section 404 permit). The
five-year reversion limit does not apply
to agreements without 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 crust 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
MVP 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 air authorized marina
area. No dredging, additional slips, dock
spaces, or expansion of any kind within
waters of the US, is authorized by this
NWP. (Section 10)
29. Single-family Flousing. Discharges
of dredged or fill material into non-tidal
waters of the US, including non-tidal
wetlands for the construction or
expansion of a single-family home and
attendant features (such as a garage,
driveway, storage shed, and/or septic
field) for an Individual Permittee
provided that the activity meets all of
the following criteria:
a. 'T'he discharge does not cause the
loss of more than 1/4-acre of non-tidal
waters of the US, including non-tidal
wetlands;
b. The permittee notifies the District
Engineer in accordance with the
"Notification" General Condition;
c. The permittee has taken all
practicable actions to minimize the 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;
c1. The discharge is part of a single
and complete project; furthermore, that
for any subdivision created on or after
November 22, 1991, the discharges,
authorized under this NWP may not
exceed an aggregate total loss of waters
of the US of V,-acre for the entire
subdivision;
e. Air individual may use this NWP
only for a single-family home for a
personal residence;
f. This NWP may be used only once
per parcel;
g. This NbVP 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 NW11, a parcel of land
is defined as "the entire contiguous
quantity of land in possession of,
recorded as property of, or owned (in
any form of ownership, including land
owned as a partner, corporation, joint
tenant, etc.) by the same individual
(and/or that individual's spouse), and
comprises not only the area of wetlands
sought to be filled, but also all land
contiguous to those wetlands, owned by
the individual (and/or that individual's
spouse) in any form of ownership."
(Sections 10 and 404)
30. Moist Soil Management for
Wildlife. Discharges of dredged or fill
material and maintenance activities that
are associated with moist soil
management for wildlife performed on
non-ticlal Federally-owned or managed,
state-owned or managed property, and
local government agency-owned or
managed property, for the purpose of
continuing ongoing, site-specific,
wildlife management activities where
soil 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
degradation 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 NWP. The NWP
does not authorize the removal of
sediment and associated vegetation from
the natural water courses except to the
extent that these have been included in
the maintenance baseline. All dredged
material must be placed in an upland
site or an authorized disposal site in
waters of the US, and proper siltation
controls must be used. (Activities of any
kind that result in only incidental
fallhack, 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
systenc 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(d)(2)).
Notification: After the maintenance
baseline is established, and before any
maintenance work is conducted, the
permittee must notify the District
Engineer in accordance with the
''Notification'' General Condition. The
notification may be for activity-specific

20134 Federal Register / Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
maintenance or for maintenance of the
entire flood control facility by
submitting a five year (or less)
maintenance plan.
Maintenance Roseline: The
maintenance baseline is a description of
the physical characteristics (e.g., depth,
width, length, location, configuration, or
design flood capacity, etc.) of a flood
control project within which
maintenance activities are normally
authorized by NWP 31, subject to any
case-specific conditions required by the
District Engineer. The District Engineer
will approve the maintenance baseline
based on the approved or constructed
capacity of the flood control facility,
whichever is smaller, including any
areas where there are no constructed
channels, but which are part of the
facility. If no evidence of the
constructed capacity exist, the approved
constructed capacity will be used. The
prospective permittee will provide
documentation of the physical
characteristics of fhe flood control
facility (which will normally consist of
as-built or approved drawings) and
documentation of the design capacities
of the flood control facility. The
documentation will also include BMPs
to ensure that the impacts to the aquatic
environment are minimal, especially in
maintenance areas where there are no
constructed channels. (The Corps may
request maintenance records in areas
where there has not been recent
maintenance.) Revocation or
modification of the final determination
of the maintenance baseline can only be
done in accordance with 33 CFR 330.5.
Except in emergencies as described
below, this NWP can not be used until
the District Engineer approves the
maintenance baseline and determines
the need for mitigation and any regional
or activity-specific conditions. Once
determined, the maintenance baseline
will remain valid for any subsequent
reissuance of this NWP. This permit
does not authorize maintenance of a
flood control facility that has been
abandoned. A flood control facility will
be considered abandoned if it has
operated at a significantly reduced
capacity without needed maintenance
being accomplished in a timely manner.
Mitigotion: The District Engineer will
determine any required mitigation one-
time only for impacts associated with
maintenance work at the same time that
the maintenance baseline is approved.
Such one-time mitigation will be
required when necessary to ensure that
adverse environmental impacts are no
more than minimal, both individually
and cumulatively. Such mitigation will
only be required once for any specific
reach of a flood control project.
However, if one-time mitigation is
required for impacts associated with
maintenance activities, the District
Engineer will not delay needled
maintenance, provided the District
Engineer and the permittee establish a
schedule for identification, approval,
development, construction and
completion of any such required
mitigation. Once the one-time
mitigation described above has been
completed, or a determination made
that mStigation is not required, no
further mitigation will be required for
maintenance activities within the
maintenance baseline. In determining
appropriate mitigation, the District
Engineer will give special consideration
to natural water courses that have been
included in the maintenance baseline
and require compensatory mitigation
and/or BMPs as appropriate.
Emergency Situations: In emergency
situations, this NWP may be used to
authorize maintenance activities in
flood control facilities for which no
maintenance baseline has been
approved. Emergency situations are
those which would result in an
unacceptable hazard to life, a significant
loss of property, or an immediate,
unforeseen, and significant economic
hardship if action is not taken before a
maintenance baseline can be approved.
In such situations, the determination of
mitigation requirements, if any, may be
deferred until the emergency has been
resolved. Once the emergency has
ended, a maintenance baseline must be
established expeditiously, and
mitigation, including mitigation for
maintenance conducted during the
emergency, must be required as
appropriate. (Sections 10 and 404)
32. Completed Enforcement Actions.
Any structure, work or discharge of
dredged or fill material, remaining in
place, or undertaken for mitigation,
restoration, or environmental benefit in
compliance with either:
(i) The terms of a final written Corps
non-judicial settlement agreement
resolving a violation of section 404 of
the CWA and/or section 10 of the Rivers
and Harbors Act of 1899; or the terms
of an EPA 309(a) order on consent
resolving a violation of section 404 of
the CWA, provided that:
a. The unauthorized activity affected
no more than 5 acres of non-tidal
wetlands or 1 acre of tidal wetlands;
b. The settlement agreement provides
for environmental benefits, to an equal
or greater degree, than the
environmental detriments caused by the
unauthorized activity that is authorized
by this NWP; aril
c. The District Engineer issues a
verification letter authorizing the
activity subject to the terms and
conditions of this NWP and the
settlement agreement, including a
specified completion date; or
(ii) The terms of a final Federal court
decision, consent decree, or settlement
agreement resulting from an
enforcement action brought by the U.S.
under section 404 of the CWA and/or
section 10 of the Rivers and Harbors Act
of 1899; or
(iii) The terms of a final court
decision, consent decree, settlement
agreement, or non-judicial settlement
agreement resulting from a natural
resource damage claim brought by a
trustee or trustees for natural resources
(as defined by the National Contingency
Plan at 40 CFR subpart G) under section
311 of the Clean Water Act (CWA),
section 107 of the Comprehensive
Environmental Response, Compensation
and Liability Act (CERCLA or
Superfund), section 312 of the National
Marine Sanctuaries Act (NMSA), section
1002 of the Oil Pollution Act of 1990
(OPA), or the Park System Resource
Protection Act at 16 U.S.C. '19jj, to the
extent that a Corps permit is required.
For either (i), (iii) or (iii) above,
compliance is a condition of the NWP
itself. Any authorization under this
NWP is automatically revoked if the
permittee does not comply with the
terms of this NWP or the terms of the
court decision, consent decree, or
judicial/non-judicial settlement
agreement or fails to complete the work
by the specified completion date. This
NWP does not apply to any activities
occurring after the date of the decision,
decree, or agreement that are not for the
purpose of mitigation, restoration, or
environmental benefit. Before reaching
any settlement agreement, the Corps
will ensure compliance with the
provisions of 33 CFR part 326 and 33
GFR 330.6 (d)(2) and (e). (Sections 10
and 404)
33. "Temporary Construction, Access
and Ikwatering. 't'emporary structures,
work and clischarges, including
cofferdams, necessary for construction
activities or access fills or dewatering of
construction sites; provided that the
associated primary activity is authorized
by the Corps of Engineers or the USCG,
or for other construction activities not
subject to the Corps or USCG
regulations. Appropriate measures must
be taken to maintain near normal
downstream flows and to minimize
flooding. Fill must be of materials, and
placed in a manner, that will not be
eroded by expected high flows. The use
of dredged material may be allowed if
it is determined by the District Engineer
that it will not cause more than minimal
adverse effects on aquatic resources.
Federal Register / Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2085
Temporary fill must be entirely removed dredged material is disposed of at an hazardous or toxic waste. Activities
to upland areas, or dredged material upland site and proper siltation controls undertaken entirely on a
returned to its original location,

following completion of the are used. Section 10
(Section 10)
36. Boat Ramps. Activities required
Comprehensive Environmental
Re.sponse, Compensation
and Liabilit

construction activity, and the affected
areas must be restored to the pre-project
for the construction of boat ramps
provided: ,
y
Act (CERCLA) site by authority of

conditions. Cofferdams cannot be used
a. The discharge into waters of the CERCLA as approved or required by
EPA, are not required to obtain permits
to dewater wetlands or other aquatic U.S. does not exceed 50 cubic yards of under section 404 of the CWA or section
areas to change their use. Structures left
in place after cofferdams are removed concrete, rock, crushed stone or gravel
into forms
or placement of
re-cast 10 of the Rivers and Harbors Act.

require a Section 10 permit if located in ,
p
concrete planks or slabs. (Unsuitable (Sections 10 and 404)
39. Residential, Commercial
and
navigable waters of the U.S. (See 33 CFR material that causes unacceptable ,
Institutional Developments. Discharges
part 322). The permittee must notify the chemical pollution or is structurally of dredged or fill material into non-tidal
District Engineer in accordance with the
''
'' unstable is not authorized); waters of the U.S., excluding non-tidal
Notification
General Condition. The
notification mast also include a b. The boat ramp does not exceed 20
feet in width; wetlands adjacent to tidal waters, for the

restoration plan of reasonable measures
c. The base material is crushed stone, construction or expansion of residential,
commercial, and institutional buildin

to avoid and minimize adverse effects to
gravel or other suitable material;
' g
foundations and building pads and
aquatic resources. The District Engineer d. T
he excavation is limited to the attendant features that are necessary for
will add Special Conditions, where area necessary for site preparation and the use and maintenance of the
necessary, to ensure environmental all excavated material is removed to the structures
. Attendant features rnay
adverse effects is minimal. Such upland; and, .
include, but are not limited to
roads

conditions may include: limiting the
e. No material is placed in special ,
,
parking lots, garages, yards, utility lines,
temporary work to the minimum aquatic sites, including wetlands. stormwater management facilities
and
necessary; requiring seasonal Another NWP, Regional General ,
recreation facilities such as
restrictions; modifying the restoration Permit, or Individual Permit may playgrounds, playing fields, and golf
plan; and requiring alternative authorize dredging to provide access to courses (provided the golf course is an
construction methods (e.g. construction the boat ramp after obtaining a Section integral part of the residential
mats in wetlands where practicable.). 10 if located in navigable waters of the development). The construction of new
(Sections 10 and 404) U.S. (Sections 10 and 404) ski areas or oil and gas wells is not
34. Cranberry Production Activities. 37. Emergency Watershed Protection authorized h this NW-P.
Discharges of dredged or fill material for and Rehabilitation. Work done by or Residential developments include
dikes, berms, pumps, water control funded bv: multiple and single unit developments.
structures or leveling of cranberry beds a. The NRCS which is a situation Examples of commercial developments
associated with expansion, requiring immediate action under its include retail stores
industrial facilities

enhancement, or modification activities
emergency Watershed Protection ,
,
restaurants, business parks, and
at existing cranberry production Program (7 CFR part 624); or shopping centers. Examples of
operations provided that the activity b. The USFS under its Burned-Area institutional developments include
meets all of the followinqg criteria:
a. The cumulative total acreage of Emergency Rehabilitation Handbook
(FSH 509
13); or schools, fire stations, government office

disturbance per cranberry production .
c. The DOI for wildland fire buildings, judicial buildings, public
works buildings, libraries
hospitals

operation, including but not limited to,
filling, flooding, ditching
or clearin
rrrarim ement burned area emergency
stabilization and rehabilitation (DO[ ,
,
and places of worship. The activities
,
g,
does not exceed 10 acres of waters of the
Manual part 620, Ch. 3). listed above are authorized, provided
the activities meet all of the followin

U.S., including wetlands;
For all of the above provisions, the g
criteria:
b. The permittee notifies the District District Engineer must be notified in a. The discharge does not cause the
Engineer in accordance with the
"
" accordance with the General Condition loss of greater than 1/1-acre of non tidal
Notification
General Condition. The
notification most include a delineation 13. (Also, see 33 CFK 330.1(e)),
(Sections 10 and 404) waters of the U.S., excluding non-tidal

of affected special aquatic sites,
38. Cleanup of Hazardous and Toxic wetlands adjacent to tidal waters;
b. The discharge does not cause the
including wetlands; and,
c. The activity does not result in a net Waste. Specific activities required to
effect the containment
stabilizatio loss of greater than 300 linear-feet of a

loss of wetland acreage. This NWP does ,
n, or
removal of hazardous or toxic waste stream bed, unless for intermittent
stream beds this criterion is waived in
not authorize any discharge of dredged
or fill material related to other cranberry materials that are performed, ordered, or
sponsored by a government agency with writing pursuant to a determination by
h

production activities such as
established legal or regulatory authority t
e District Engineer, as specified
below, that the project complies with all
warehouses, processing facilities, or
parking areas. For the purposes of this provided the permittee notifies the
District Engineer in accordance with the terms and conditions of this NWP and

NWP, the cumulative total of 10 acres
"Notification'' General Condition. For that any adverse impacts of the project
on the aquatic: environment are
will be measured over the period that discharges in special aquatic sites, rnininral, both individually and
this NWP is valid. (Section 404) including wetlands, the notification cumulatively;
35. Maintenance Dredging of Existing must also include a delineation of c. The permittee must notify the
Basins. Excavation and removal of
accumulated sediment for maintenance affected special aquatic sites, including
wetlands
Court ordered remedi
l
ti District Engineer in accordance with

of existing marina basins, access .
a
ac
on
plans or related settlements are also General Condition 13, if any of the
following criteria are met:
channels to marinas or boat slips, and
boat slips to previousl
authorized authorized by this NWP. This NWP does
t
th
i
h (1) The discharge causes the loss of
y
depths or controlling depths for ingress/ no
au
or
ze t
e establishment of new
disposal sites or the expansion of greater than I/,o-acre of non-tidal waters
of the US, excluding non-tidal wetlands
egress, whichever is less, provided the existing sites used for the disposal of adjacent to ticlal 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 (e

intermittent streams, below the ordinar
hi h water mark (see Note
below)
or .g.,
y 1/12-acre of emergent wetlands created construction of drainage tiles, ditches,
or levees; mechanized land clearin
;
,
;
?3) The discharge causes the loss of
o on site);

j. If there are any open waters or g
land leveling; the relocation of existing

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

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
conservatio
wetlands to improve agricultural
individually and curnulativel and
y,
waive the limitation on stream im
acts ,
n
easements, protective covenants, or production, the following criteria must
be met if the ermittee is an United
p
p
in writing before the permittee may other means of land conservation and
i States Department of Agriculture
proceed;
d. For discharges in special aquatic preservat
on are required to rotect and
p
maintain the vegetated buffers (USDA) Program participant:
(1) The permittee must obtain a
sites, including wetlands, the established on the project site.
Only residential
commercial
d categorical minimal effects exemption,
notification must include a delineation
of affected special aquatic sites; ,
, an
institutional activities with structures minimal effect exemption, or mitigation
exemption from NRCS in accord

on the foundation(s) or buildin ads ,
e. The discharge is part of a single and g p
as well as the attendant featu ance

with the provisions of the Food Security
complete project;
f. The permittee must avoid and res, are
authorized by this NWP. The Act of 1985, as amended (16 U.S.C. 3801
et seq.);

minimize
minimize discharges into waters of the
US at
the project site to th
i compensatory mitigation proposal that

is requited in paragraph (e) of this NWP (2) The discharge into non-tidal
e max
mum
extent practicable: The notification,
when required
must include a w
itt
may be either conceptual or detailed.
The wetland or upland vegetated buffer wetlands does not result in the loss of
greater than 1/2-acre of non-tidal
,
r
en
statement explaining how avoidance
and minimization of los
f
f
required in paragraph (i) of this NWP
will be determined on a case-by-case wetlands on a farm tract;
(3) The permittee must have NRCS-
ses o
waters o
the US were achieved on the
project
basis by the District Engineer for
addr
i certified wetland delineation;

(4) The pernrittee must implement an
site. Compensatory mitigation will
normally be required to offset the lo ess
ng water quality concerns. The
required wetland or upland vegetated NRCS-approved compensatory
sses
of waters of the US. See General
(
buffer is part of the overall mitigation plan that fully offsets

wetland
losses,
required; and
Condition 19.) The notification must
also include a compensatory mitigation compensatory mitigation requirement
for this NWP. If the project site was (5) Th
tt
(5) The pernritee must submit a

proposal for offsetting unavoidable
un
id
previously used for agricultural report, within 30 days of completion of
the authorized work
to the Distri
t
losses of waters of the
If
applicant asserts that the adve
ff
t purposes and the farm owner/operator
used NWP 40 to authorize activities in ,
c
Engineer that contains the following
rse e
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 permittee; (b)
mitigation, then the applicant may
submit justification explainin
wh cons
ruct
arm buildings, NWP 39
cannot be used by the developer to The location of the work; (c) A
d
g
y
compensatory mitigation should not be
required for the District En
ine
'
authorize additional activities. This is
more than the acreage limit for NWP 39 escription of the work; (d) The type
and acreage (or square feet) of the loss
g
er
s
consideration;
g. When this NWP is used in
impacts to waters of the US (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 N", any
combined total permanent loss of waters NVVP
see Gs e and n cannot exceed'/2-acre,
see General Condition 15). square feet), and location of
compensatory mitigation (e.g. '/a-acre of

of the US exceeding'/io 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

Condition 13;
waters of US authorized by NWP 39 can
not exceed 1/2-acre. This includes any bank); or

b. For discharges into non tidal

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

must not cause more than minimal
de
radatio
f
t
l
development of individual subdivision
lots. (Sections 10 and 404) production, the following criteria must
be met if the permittee is not a USDA
g
n o
wa
er qua
ity or more
than minimal changes to the flow
Note; Areas where wetland vegetation is Program participant (or a USDA
Pro
ram
a
ti
i
t f
h

characteristics of any stream (see

General Conditions 9 and 21);
not present should be determined by the
presence or absence of an ordinary high g
p
r
c
pan
or w
ich the
proposed work does not qualify for

i. For discharges causing the loss of water mark or bed and bank. Areas that are authorization under paragraph (a) of this

'Ao-acre or less of waters of the US, the
i waters of the US based on this criterion
would require a PCN although water is NWP):
(1) The discharge into non-tidal
perm
ttee must submit a report, within
30 days of completion of the work
t infrequently present in the stream channel wetlands does not result in the loss of
,
o
the District Engineer that contains the (except for ephemeral waters, which do not
require PCNs) greater than 1h-acre of non-tidal

following information: (1) The name,
address
and telephone numb
f th .
40. Agricultural Activities. Discharges
f wetlands on a farm tract;
(2) The permittee must notify the
,
er o
e
pernrittee; (2) The location of the work; o
dredged or fill material into non-tidal
waters of the US, excluding non-tidal District Engineer ill accordance with
General Condition 13
if th
di
h

(3) A description of the work; (4) The
type and acreage of the loss of waters
f
wetlands adjacent to tidal waters, for
i ,
e
sc
arge
results in the loss of greater than Via-
o
the US (e.g., Viz-acre of emergent mproving agricultural production and
the construction of building pads for acre of non-tidal wetlands;
(3) The notification mu
t i
l
d

wetlands); and (5) The type and acreage
farm buildings. Authorized activities s
nc
u
e a
delineation of affected wetlands; and
Federal Register/Vol. 67, No. 10 / Tuesday, January 15, 2002/Notices 2087
(4) The notification must include a
compensatory mitigation proposal to
offset losses of waters of the US; or
c. For the construction of building
pacts for farm buildings, the discharge
does not cause the loss of greater than
1/z-acre of non-tidal wetlands that were
in agricultural production prior to
December 23, 1985, (i.e., farmed
wetlands) and the permittee must notify
the District Engineer in accordance with
General Condition 13; and
d. Any activity in other waters of the
US is limited to the relocation of
existing serviceable drainage ditches
constructed in non-tidal streams. This
NWP does not authorize the relocation
of greater than 300 linear-feet of existing
serviceable drainage ditches constructed
in non-tidal streams unless, for drainage
ditches constructed in intermittent non-
tidal streams, the District Engineer
waives this criterion in writing, and the
District Engineer has determined that
the project complies with all terms and
conditions of this NWP, and that any
adverse impacts of the project on the
aquatic environment are minimal, both
individually and cumulatively. For
impacts exceeding 300-linear feet of
impacts to existing serviceable ditches
constructed in intermittent non-tidal
streams, the permittee must notify the
District Engineer in accordance with the
''Notification" General Condition 13;
and
e. The term ''farm tract" refers to a
parcel of land identified by the Farm
Service Agency. The Corps will identify
other waters of the US on the farm tract.
NRCS will determine if a proposed
agricultural activity meets the terms and
conditions of paragraph a. of this NWP,
except as provided below. For those
activities that require notification, the
District Engineer will determine if a
proposed agricultural activity is
authorized by paragraphs b., c., and/or
d. of this NWP. USDA Program
participants, requesting authorization for
discharges of dredged or fill material
into waters of the US authorized by
paragraphs (c) or (d) of this NWP, in
addition to paragraph (a), must notify
the District Engineer in accordance with
General Condition 13 and the District
Engineer will determine if the entire
single and complete project is
authorized by this NWP. Discharges of
dredged or fill material into waters of
the US associated with completing
required compensatory mitigation are
authorized by this NMI. However, total
impacts, including other authorized
impacts under this NWP, may not
exceed the Vz-acre limit of this NWP.
This MVP does not affect, or otherwise
regulate, discharges associated with
agricultural activities when the
discharge qualifies for an exemption
under section 404(0 of the MA, even
though a categorical minimal effects
exemption, minimal effect exemption,
or rnitigation exemption from NRCS
pursuant to the Food Security Act of
1985, as amended, may be required.
Activities authorized by paragraphs a.
through d. may not exceed a total of 1/,-
acre on a single farm tract. If the site was
used for agricultural purposes and the
farm owner/operator used either
paragraphs a., b., or c. of this NWP to
authorize activities in waters of the US
to increase agricultural production or
construct farm buildings, and the
current landowner wants to use MVP 39
to authorize residential, commercial, or
industrial development activities in
waters of the US on the site, the
combined acreage loss authorized by
NWPs 39 and 40 cannot exceed 1/2-acre
(see General Condition 15). (Section
404)
41. Reshaping Existing Drainage
Ditches. Discharges of dredged or fill
material into non-tidal waters of the US,
excluding non-tidal wetlands adjacent
to tidal waters, to modify the cross-
sectional configuration of currently
serviceable drainage ditches constructed
in waters of the US. The reshaping of
the ditch cannot increase drainage
capacity beyond the original design
capacity. Nor can it expand the area
drained by the ditch as originally
designed (i.e., the capacity of the ditch
must be the same as originally designed
and it cannot drain additional wetlands
or other waters of the US).
Compensatory mitigation is not required
because the work is designed to improve
water quality (e.g., by regrading the
drainage ditch with gentler slopes,
which can reduce erosion, increase
growth of vegetation, increase uptake of
nutrients and other substances by
vegetation, etc.).
Notification: The permittee must
notify the District Engineer in
accordance with General Condition 13 if
greater than 500 linear feet of drainage
ditch will be reshaped. Material
resulting from excavation may not he
permanently sidecast into waters but
may be temporarily sidecast (up to three
months) into waters of the [IS, provided
the material is not placed in such a
manner that it is dispersed by currents
or other forces. The District Engineer
may extend the period of temporary
sidecasting not to exceed a total of 180
days, where appropriate. In general, this
MVP does not apply to reshaping
drainage ditches constructed iu
uplands, since these areas are generally
not waters of the US, and thus no permit
from the Corps is required, or to the
maintenance of existing drainage
ditches to their original dimensions and
configuration, which does not require a
Section 404 permit (see 33 CFR
323.4(x)(3)). This MVP does not
authorize the relocation of drainage
clitches constructed in waters of the US;
the location of the centerline of the
reshaped drainage ditch must be
approximately the same as the location
of the centerline of the original drainage
ditch. This MVP does not authorize
stream channelization or stream
relocation projects. (Section 404)
42. Recreational Facilities. Discharges
of dredged or fill material into non-tidal
waters of the US, excluding non-tidal
wetlands adjacent to tidal waters, for the
construction or expansion of
recreational facilities, provided the
activity meets all of the following
criteria:
a. The discharge does not cause the
loss of greater than 1/2-acre of non-tidal
waters of the US, excluding non-tidal
wetlands adjacent to tidal waters;
b. The discharge does not cause the
loss of greater than 300 linear-feet of a
stream bed, unless for intermittent
stream beds this criterion is waived in
writing pursuant to a determination by
the District Engineer, as specified
below, that the project complies with all
terms and conditions of this NWP and
that any adverse impacts of the project
on the aquatic environment are
minimal, both individually and
cumulatively;
c. The permittee notifies the District
Engineer in accordance with the
"Notification" General Condition 13 for
discharges exceeding 300 linear feet of
impact of intermittent stream beds. In
such cases, to be authorized the District
Engineer must determine that the
activity complies with the other terms
and conditions of the NVVP, determine
the adverse environmental effects are
minimal both individually and
cumulatively, and waive this limitation
in writing before the permittee may
proceed;
d. For discharges causing the loss of
greater than 1/10-acre of non-tidal waters
of the US, the permittee notifies the
District Engineer in accordance with
General Condition 13;
e. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
f. The discharge is part of a single and
complete project; and
g. Compensatory rnitigation will
normally be required to offset the losses
of waters of the US. The notification
must also include a compensatory
mitigation proposal to offset authorized
losses of waters of the US.

2088 Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices
For the purposes of this NWP, the
term ''recreational facility" is defined a greater than '/,-acre of non-tidal waters
s of the US, excluding non-tidal wetla
d that are exempt from Section 404 permit

a recreational activity that is integrated

into the natural landsca
e and does not n
adjacent to tidal waters;
JJ
b
Th
di
h s re uirements);
q
Y. The permittee must avoid and
p
substantially change preconstruction .
e
sc
arge does riot cause the
loss of greater than 300 linear-fe
t
f minimize discharges into waters of the

grades or deviate from natural landscap e
o
a
e stream bed, unless for intermittent US at the project site to the maximum

contours. For the purpose of this permit
the primary function of recreational
, stream beds this criterion is waived in
i
i extent practicable, and the notification
must include a written statement to the

facilities does not include the use of wr
t
ng pursuant to a determination by
the District Engineer
as specified District Engineer detailing compliance

motor vehicles, buildings, or imperviou
surfaces. Examples of recreati
l ,
s below, that the project complies with al
t
d with this condition (i.e. why the
l discharge must occur in waters of the
ona
facilities that may be authorized by this erms an
conditions of this NWP and
that any adverse impacts of the project US aril why additional minimization
b

NWP include hiking trails, bike paths,
horse paths, nature centers, and
on the aquatic environment are
minimal
both indi
id
ll cannot
e achieved);
g, The stormwater management

campgrounds (excluding trailer parks).
This NWP may authorize the ,
v
ua
y and
cumulatively;
c. For discharges causin
the loss of facility must comply with General
Condition 21 and be designed using

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

not substantially deviate from natural
landscape contours. Additionall
these g
accordance with the "Notification"
General Conditi
13
I end of the stormwater management

that would maintained
y,
activities are designed to minimize on
.
n such cases, to
be authorized the District Engineer must through
rough e excavation)), , vegetated buffers,

adverse effects to waters of the US and
determine that the activity comPlies and
siting considerations
nsid
erations
minimize

riparian areas through the use of such
with the other terms and conditions of e
adverse
to
a
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
General Condition 9, such as a d. The discharges of dredged or fill
material for the construction of new especially downstream of the facility,
that provide, to the maximum 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;
Maintenance excavation will be in
to water quality. This NWP also construction of new stormwater c
accordance with an approved
authorizes the construction or management facilities or for the maintenance plan and will not exceed
expansion of small support facilities, maintenance of existing stormwater the original contours
the facility as
such as maintenance and storage management facilities causing the loss ct
approved and constructed; and
r
Th
di
h
buildings and stables that are directly
related to the recreational activity. This of greater than/,o acre of trots-tidal
waters, excluding non-tidal wetlands .
e
sc
arge is part of a single and
complete project. (Section

NWP does not authorize other

buildings
such as hotels
t
t

adjacent to tidal waters, provided the

itt
f
cha
44
. Mining Activities. Discharges of
dredged or fill material into:
,
, res
auran
s,
etc. The construction or expansion of perm
ee noti
ies the District Engineer
in accordance with the "Notification" (i) Isolated waters; streams where the

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

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

the construction of new ski areas are not
maintenance plan should be in aggregate raining (i.e., sand, gravel, and

authorized by this NWP. (Section 404)
accordance with state and local crushed and broken stone) and

43. Storm water Managemen t
Facilities. Dischar
es of dred
d
fill
requirements, if any such requirements
i
t associated support activities;
(ii) Lower perennial strearns,
g
ge
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 mining
activities (support activities in lower

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 water or
(iii) Isolated waters and non-tidal

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

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

spillways; and the maintenance
dred
in
of existin
t
accomplished in designated from subsurface locations) and
associated support activities
provided
g
g
g s
ormwater
management ponds/facilities and maintenance areas and not within
compensatory mitigation areas (i
e ,
the discharge meets the following

detention and retention basins,
provided the activit
meets all of th .
.,
District Engineers may designate non-
m
i
t
l
criteria:
a. The mined area within waters of
y
e
following criteria:
o a
n
enance areas, normal
at the
y
downstream end of the stormw
t the US, plus the acreage lass of waters

a. The discharge for the construction
of new stormwater mana
eme
t a
er
management facility, in existing of the US resulting from support
activities, cannot exceed Vnacre;
g
n
facilities does not cause the loss of stormwater management facilities). (No
mitigation will be re
uired for a
ti
iti b. The permittee must avoid and
q
c
v
es rninirnize discharges into waters of the
Federal Register/Vol. 67, No. 10/Tuesday, January 15. 2002/Nntira>c 9nrtn
US at the project site to the rnaxiraunl
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 mining can occur within
stream beds where the average annual
flow is greater than 1 cubic foot per
second or in waters of the US within
100 feet of the ordinary high water mark
of headwater stream segments where the
average annual flow of the stream is
greater than 1 cubic foot per second
(aggregate mining can occur in areas
immediately adjacent to the ordinary
high water mark of a stream where the
average annual flow is 1 cubic foot per
second or less);
k. Single and complete project: The
discharge must be for a single and
complete project, including support
activities. Discharges of dredged or fill
material into waters of the US for
multiple raining activities on several
designated parcels of a single and
complete raining operation can be
authorized by this NWP provided the
'h-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
disch'arge must occur in waters of the
US and why additional minimization
cannot be achieved); (3) A description o
measures taken to ensure that the
proposed work complies with
paragraphs (c) through (f), above; and (4
A reclamation plan (for aggregate
raining in isolated waters and non-tidal
wetlands adjacent to headwaters and
hard rock/mineral minino only).
This NWP does not aut?rorize hard
rock/mineral mining, including placer
mining, in streams. No hard rock/
mineral mining can occur in waters of
the US within 100 feet of the ordinary
high water mark of headwater streams.
The term's "headwaters" and "isolated
waters" are defined at 33 CFR 330.2(d)
and (e), respectively. For the purposes
of this NWP, the term "lower perennial
stream" is defined as follows: "A stream
in which the gradient is low and water
velocity is slow, there is no tidal
influence, some water flows throughout
the year, and the substrate consists
mainly of sand and mud." (Sections 10
and 404)
C. Nationwide Permit General
Conditions
The following General Conditions
must be followed in order for any
authorization by an N-VVP 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 Movements. No
activity may substantially disrupt the
necessary life-cycle movements of those
species of aquatic life indigenous to the
waterbody, including those species that
normally migrate through the area,
unless the activity's primary purpose is
to impound water. Culverts placed in
streams must be installed to maintain
low flow conditions.
5. Equipment. Heavy equipment
working in wetlands must be placed on
mats, or other measures must be taken
to minimize soil disturbance.
6. Regional and Case-By-Case
Conditions. The activity must comply
with any regional conditions that may
have been added by the Division
f Engineer (see 33 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" for possible
inclusion in the system, while the river
is in an official study status; unless the
appropriate Federal agency, with direct
management responsibility for such
river, has determined in writing that the
proposed activity will not adversely
affect the Wild and Scenic River
designation, or study status. Information
on Wild and Scenic Rivers may be
obtained from the appropriate Federal
land management agency in the area
(e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management,
U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its
operation may impair reserved tribal
rights, including, but not limited to,
reserved water rights and treaty fishing
and hunting rights.
9. Water Quality. (a) In certain states
and tribal lands an individual 401 Water
Quality Certification must be obtained
or waived (See 33 CFR 330.4(c)).
(b) For NWPs 12, 14, 17, 18, 32, 39,
40, 42, 43, and 44, where the state or
tribal 401 certification (either
generically or individually) does not
require or approve water quality
management measures, the permittee
must provide water quality management
measures that will ensure that the
authorized work does not result in more
than minimal clegradatio;i 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 ranagement 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://rvtivvv,rifms.;ovl written notice from the District or
prot_res/esahorne.html respectivel
Di
i

management is the establishment and
maintenance of vegetated buffers next t y.
12. historic Properties. No activity
o
which may affect historic
ti v
sion Engiucer. Subsequently, the
per

open waters, including streams (refer to
General Condition 19 for vegetated proper
es
listed, or eligible for listing, in the
National Register of Historic Places is NWP may be modified, suspended, or
revoked only in accordance with the

buffer requirements for the NW-Ps).
h
authorized, until the District Engineer procedure set forth in 33 CFR
330
5(4)(2)

T
is 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 .
.
(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 notification must be writing and
include the following information:
it is not necessary to conduct detailed
studies to identify such measures or to activity may affect any historic
properties listed, determined to be (1) Name, address and telephone
numbers of the prospective permittee;
require monitoring, eligible, or which the prospective (2) Location of the proposed project;
10. Coastal Zone Management. In permittee has reason to believe may be (3) Brief description of the proposed
certain states, an individual state coastal eligible for listing on the National
zone management consistency Register of Historic Places, and shall no project; the project's purpose; direct and
t indirect adverse environmental effects
concurrence must be obtained or waived begin the activity until notified by the
(see Section 330
4(d))
District Engineer that the re
i the project would Cause; any other
NWP(s), Regional General Permit(s)
or
.
.
11. Endangered Species. (a) No qu
rements
of the National Historic Preservation Ac ,
t Individual Permit(s) used or intended to
activity is authorized under any NWP have been satisfied and that the activity be used to authorize any part of the
which is likely to jeopardize the is authorized. Information on the proposed project
any related activity.
continued existence of a threatened or location and existence of historic Sk
etches should be provided when
be
endangered species or a species resources can be obtained from the State necessary show that the activity
proposed for such designation
as Historic Preservation Office and the co
mplies wi th the terms of the oje
,
identified under the Federal Endangered
National Register of Historic Places (see ct
(Sketc
h
es usually clarify the project and
Species Act (ESA), or which will 33 CFR 330.4(-)). For activities that may 1 hen 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
D 13. Notification.
(a) Timing
; where required by the 13(0);

(5) For NWP 7 (Outfall Structures and
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 En-ineer 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 En-ineer must determine if those areas of the facility where
maintenance dredging or excavation is
,
notification must include the name(s) of the notification is complete within 30 proposed;
the endangered or threatened species days of the date of receipt and can (6) For NWP 14 (Linear
that may be affected by the proposed request additional information Transportation Crossings), the PCN
work or that utilize the designated
critical habitat that may be affected b necessary to make the PCN complete
only once. However, if the prospective must include a compensatory mitigation
proposal to offset permanent losses of
y
the proposed work. 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 NMFS the District Engineer may add En-ineer will notify the prospective waters of the L1S 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 not commence until all of the Activities), the PCN must include an

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

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

defined under the ESA
In the absence prospective permittee shall riot be-in To be authorized by this NWP, the
.
of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion the activity:
(1) Until notified in writing by the
D District Engineer must determine that
the activity complies with the terms and

with "incidental take" provisions, etc.)
from the USFWS or the NMFS
both istrict En-ineer that the activity may
proceed under the NWP with any conditions of the NWP and that the
adverse environmental effects are
,
lethal and non-lethal "takes" of special conditions imposed by the minimal both individually and

protected species are in violation of the
ESA. Information on the location
f District or Division Engineer; or
(2) If notified in writing by the District cunurlatively and must notify the
project sponsor of this determination in
o
threatened and endangered species and
their critical habitat can be
bt
i
d or Division Engineer that an Individual
Permit is required; or writino;
(8) For NWP 27 (Stream and Wetland
o
a
ne
directly from the offices of the USFWS
d (3) Unless 45 days have passed from
the District Engineer's receipt of the Restoration), the PCN must include
documentation of the
rior c
diti
f
an
NMFS or their world wide web
pages at http://snvtiv.fws.govlr9endsp
/ complete notification and the
ros
ti p
on
on o
the site that will be reverted by the
p p
pec
ve permittee has not received permittee;
Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2091
(9) For NWP 29 (Single-Family
Housing), the PCN must also include waters of the US or justification
explaining wiry com
ensat affected by the proposed work or utilize

W
Any past use of this NWP by the
Individual Permittee and/or the p
ory
mitigation should not be required. For
discharges that cause the lo
f the desig
nated critical habitat that may
be affected by the proposed work; and

permittee
's spouse;
NO A statement that the sin
le-f
il ss o
greater
than 300 linear feet of an intermittent
(18) For activities that may affect
historic properties listed in, or eligible
g
am
y
housing activity is for a personal
residence of the permittee; stream bed, to be authorized, the Distric
Engineer must determine that the t for listing in, the National Register of
Historic Places, the PCN must state

(iii) A description of the entire parcel
includin
its size
d
d
li activity complies with the other terms
, and conditions of the NWP, determine which historic property may be affected
by the proposed work or include a
g
, an
a
e
neation of
wetlands. For the purpose of this NWP,
ar
l
f l
d adverse environmental effects are
minimal both individually and vicinity map indicating the location of

g
the historic ro ert
p
ce
s o
an
measuring 1/4-acre or less cumulatively, and waive the limitation
will not require a formal on-site (c) Form f Notific
ation: The standard

delineation. However, the applicant on stream impacts in writing before the
i Individual Permit application form
perm
ttee may proceed;
shall provide an indication of where the (14) For NWP 40 (Agricultural
wetlands are and the amount
f (Form ENG 4345) may be used as the
notification but must clearly indicate
o
wetlands that exists on the property. Fo
parcels greater than 1/
-acre i
i Activities), the PCN must include a
r compensatory mitigation proposal to that it is a PCN and must include all of
the information required in (b) (1)-(18)
4
n s
ze,
formal wetland delineation must be offset losses of waters of the US. This
NWP does not authorize the relocation of General Condition 13. A letter
containing the requisite inform
ti

prepared in accordance with the current
method required by the Cor
s
(See
of greater than 300 linear-feet of existing
i
bl a
on
may also be used.
p
.
paragraph 13(0);
(iv1 A written descri
tion of all l
d serv
cea
e drainage ditches constructed
in non-tidal streams unless, for drainage
di
h (d) District Engineer's Decision: In
reviewing the PCN for the proposed
p
an
(including, if available, legal
d tc
es constructed in intermittent non-
tidal streams, the District Engineer activity, the District Engineer will
determine whether the activit

escriptions) owned by the prospective
permittee and/or the prospective
'
waives this criterion in writing, and the
District Engineer has determined that y
authorized by the NWP will result in
more than minimal individual or
permittee
s spouse, within a one mile
radius of the parcel, in any form of the project complies with all terms and
conditions of this NWP, and that any cumulative adverse environmental
effects or may be contrar
to the
ubli

ownership (including any land owned
as a partner, corporation, joint tenant,
t
adverse impacts of the project on the
aquatic environment are minimal, both y
p
c
interest. The prospective permittee may
submit a proposed mitigation plan with
co-
enant, or as a tenant-by-the-entirety)
and any land on which a purchase and individually and cumulatively;
(1s) For NWP 43 (Stormw
t the PCN to expedite the process. The

sale agreement or other contract for sale a
er
Management Facilities), the PCN must District Engineer will consider any
proposed compensatory miti
ation the
orpurchase has been executed;
(10) For N4VP 31 (Maintenance of include, for the construction of new
stormwater management facilities, a g
applicant has included in the proposal
in determining whether the net adver

Existing Flood Control Projects), the
prospective permittee must either notify
maintenance plan (in accordance with
state and local requirements
if se
environmental effects to the aquatic
e
vi
f

the District Engineer with a PCN prior ,
applicable) and a compensatory n
ronment o
the proposed work are
minimal. If the District En
ineer
to each maintenance activity or submit
a five year (or less) maintenance plan. mitigation proposal to offset losses of
waters of the US. For discharges that g
determines that the activity complies
with the terms and conditions of the
In addition, the PCN must include all of
th
f
ll
i cause the loss of greater than 300 linear NWP and that the adverse effects on the
e
o
ow
ng:
(i) Sufficient baseline information feet of an intermittent stream bed, to be
authorized, the District En
ineer must aquatic environment are minimal, after
considerin
miti
ation
th
Di
t
i

identifying the approved channel
depths and configurations and existing g
determine that the activity complies
with the other terms and conditions of g
g
,
e
s
r
ct
Engineer will notify the permittee and
include any conditions the District
facilities. Minor deviations are
authorized, provided the approved flood the NWP, determine adverse
environmental effects are minimal both Engineer deems necessary. The District
Engineer must approve any
control protection or drainage is not
increased individually and cumulatively, and
i compensatory mitigation proposal
;
(ii) A delineation of any affected
l wa
ve the limitation on stream impacts
in writing before the permittee may before the permittee commences work.
If the prospective permittee is re
uired
specia
aquatic sites, including
wetlands; and, proceed;
(16) For NWP 44 (Mining Activities) q
to submit a compensatory mitigation
l

(iii) Location of the dredged material
d ,
the PCN must include a description of proposa
with the PCN, the proposal
may be either conceptual or detailed
If
isposal site;
(11) For NWP 33 (Temporary all waters of the US adversely affected
by the project
a descri
tion of .
the prospective permittee elects to
b

Construction, Access, and Dewatering),
the PCN must also include a r
t
ti ,
p
measures
taken to minimize adverse effects to su
mit a compensatory mitigation plan
with the PCN, the District Engineer will
es
ora
on
plan of reasonable measures to avoid waters of the us, a description of
measures taken to comply with the expeditiously review the proposed
co

and minimize adverse effects to aquatic
resourc
criteria of the NWP, and a reclamation mpensatory mitigation plan. The
District Engineer must review the plan
es;
(12) For NWPs 39, 43 and 44, the PCN plan (for all aggregate mining activities
in isolated waters and non-ticlal within 45 days of receiving a complete
PCN and determine whethe
th

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

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

the project site;
(13) For NWP 39 and NWP 42
th y
affect Federally-listed endangered or
h ronmen
.
t
e net adverse effects
of the project on the aquatic
,
e
PCN must include a compensatory t
reatened species, the PCN must
include the name(s) of those endan
er
d environment (after consideration of the

mitigation proposal to offset losses of g
e
or threatened species that may be 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 a
enc the proximity of a public water supply
i
t
k

applicant. The response will state that
the project can proceed under the terms g
y
n
a
e except where the activity is for
comments received within the specified repair of the public water supply intake
time frame, but will provide no

and conditions of the NWP,
If the District Engineer determines
response to the resource agency, except structures or adjacent bank stabilization.
17. Shellfish Beds. No activity

that the adverse effects of the proposed
as provided below. The District
Engineer will indicate in the ,

including structures and work in
work are more than minimal, then the
District Engineer will notify the administrative record associated with
h of nav dredged waters m the US or discharges
redged
fill material
mayoccurto
applicant either; (1) That the project eac
notification that the resource
agencies' concerns were considered
A 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)(B) of the
M populations, unless the activity is
directly related to a shellfish harvestin

the procedures to seek authorization
agnugon-Stevens Fishery
Conservation and Management Act
the g

activity authorized
NWP
by 4.

under an Individual Permit; (2) that the ,
District Engineer will provide a ri
c
1$• Suitable Materal. No activity,
project is authorized under the NVVP
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 O 3
the Corps multiple copies of debris, car bodies, asphalt, etc.) and

that the project is authorized under the
notifications to expedite agency material used for construction or
NWP with specific modifications or notification 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
(1/3-acre in size). The permittee may ask below when determining the
acceptability of appropriate and
period. The authorization will include
the necessary conceptual orspecific the Corps to delineate the special
a
uatic sit
Th
b practicable mitigation necessary to

mitigation or a requirement that the q
e.
ere may
e some delay
if the Corps does the delineation
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 be designed and
the aquatic environment to the minimal
level. When conceptual mitigation is been completed and submitted to the
Corps, where appropriate. adversconstructed tt avoid and minimize
e effects
waters
the
to the
included, or a mitigation plan is
required under item (2) above, no work 14. Compliance Certification. Every
permittee who has received NWP t
b
th
maximum extent practicable at the
project site (i
on site).
in waters of the US will occur until the
District Engineer has approved a verification from the Corps will submit
a signed certification regarding the on
(b) Mitigation in all its forms
(avoiding, minimizing, rectifying,
specific mitigation plan.
(e) Agency Coordination: The Dist
i
t completed work and any required reducing or compensating) will be
r
c
Engineer will consider any comments mitigation. The certification will be
forwarded by the Corps with the required to the extent necessary to
ensure that the adverse effects to the
from Federal and state agencies
concerning the proposed activit
's authorization letter and will include: aquatic environment are minimal.
y
compliance with the terms and (a) A statement that the authorized (c) Compensatory mitigation at a

conditions of the NWPs and the need for
i
' work was done in accordance with the
Corps authorization, including any minimum one-for-one ratio will be
required for all wetland impacts
m
tigation to reduce the project
s
adverse environmental effects to a general or specific conditions;
(b) A statement that any required requiring a PCN, unless the District
Engineer determines in writing that
minimal level.
For activities requiring notification to
h mitigation was completed in accordance
with the permit conditions; and some other form of mitigation would be
more environmentally appro
riate and
t
e District Engineer that result in the
loss of greater than 1/2-acre of waters of (c) The signature of the permittee
certifying the com
letion of th
k p
provides a project-specific waiver of this
re
uirem
t
C
i

the US, the District Engineer will p
e wor
and mitigation. q
en
.
ons
stent with National
policy
the District Engineer will
provide immediately (e.g., via facsimile
transmission, overnight mail, or other
d 15. Use of Multiple Nationwide
Permits. The use of more than one NWP ,
establish a preference for restoration of
wetlands as compensator
miti
ation

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

(USFWS, state natural resource or water
quality agency
EPA
State Historic
of waters of the US authorized by the .
(d) Compensatory mitigation (i.e.,
,
,
Preservation Officer (SHPO), and, if NWPs does not exceed the acreage limit
of the NWP with the highest specified replacement or substitution of aquatic
resources for those impacted) will not
appropriate, the NMFS). With the
exception of NWP 37, these agencies acreage limit (e.g, if a road crossing over
tidal waters is constructed under NWP be used to increase the acreage losses
allowed by the acreage limits of
f
will 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,'/4-acre of
e
o
telephone or fax the District Engineer
notice that the
intend t
id authorized by NWP 13, the maximum
acreage loss of waters of the US for the wetlands cannot be created to change a
`/4-acre loss of wetlands to a 1h-acre loss
y
o prov
e
substantive, site-specific comments. If total project cannot exceed 1/3-acre).
16. Water Supply Intakes. No activity, associated with NWP 39 verification.
Ilowever
1h-acre of created w
tl
d

so contacted by an agency, the District
Engineer will wait an additional 15
including structures and work in
navigable waters of the US or dischar
es ,
e
an
s
can be used to reduce the impacts of a
1/
-
l
f

calendar days before making a decision g
0 f dredged or fill material, may occur in 2
acre
oss o
wetlands to the minimum
impact level in order to meet the
Federal Register/ Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2nwi
minimal impact requirement associated
with NWPs.
(e) To be practicable, the mitigation
must be available and capable of being
done considering costs, existing
technology, and logistics in light of the
overall project purposes. Examples of
mitigation that may be appropriate and
practicable include, but are not limited
to: reducing the size of the project;
establishing and maintaining wetland or
upland vegetated buffers to protect open
waters such as streams; and replacing
losses of aquatic resource functions and
values by creating, restoring, enhancing,
or preserving similar functions and
values, preferably in the same
watershed.
(f) Compensatory mitigation plans for
projects in or near streams or other open
waters will normally include a
requirement for the establishment,
maintenance, and legal protection (e.g.,
easements, deed restrictions) of
vegetated buffers to open waters. In
many cases, vegetated buffers will be
the only compensatory mitigation
required. Vegetated buffers should
consist of native species. The width of
the vegetated buffers required will
address documented water quality or
aquatic habitat loss concerns. Normally,
the vegetated buffer will be 25 to 50 feet
wide on each side of the stream, but the
District Engineers may require slightly
wider vegetated buffers to address
documented water quality or habitat
loss concerns. Where both wetlands and
open waters exist on the project site, the
Corps will determine the appropriate
compensatory mitigation (e.g., stream
buffers or wetlands compensation)
based on what is best for the aquatic
environment on a watershed basis. In
cases where vegetated buffers are
determined to be the most appropriate
form of compensatory mitigation, the
District Engineer may waive or reduce
the requirement to provide wetland
compensatory mitigation for wetland
impacts.
(g) Compensatory mitigation
proposals submitted with the
"notification'' may be either conceptual
or detailed. If conceptual plans are
approved under the verification, then
the Corps will condition the verification
to require detailed plans be submitted
and approved by the Corps prior to
construction of the authorized activity
in waters of the US.
(fr) Permittees may propose the rise of
mitigation banks, in-lieu fee
arrangements or separate activity-
specific compensatory mitigation. In all
cases that require compensatory
mitigation, the mitigation provisions
will specify the party responsible for
accomplishing and/or complying with
the mitigation plan.
20. Spawning Areas. Activities,
including structures and work in
navigable waters of the US or cischarges
of dredged or fill material, in spawning
areas during spawning seasons must be
avoided to the maximum extent
practicable. Activities that result in the
physical destruction (e.g., excavate, fill,
or smother downstream by substantial
turbidity) of an important spawning area
are not authorized.
21. management of Water Flows. To
the maximum extent practicable, the
activity must be designed to maintain
preconstruction downstream flow
conditions (e.g., location, capacity, and
flow rates). Furthermore, the activity
mist not permanently restrict or impede
the passage of normal or expected high
flows (unless the primary purpose of the
fill is to impound waters) and the
structure or discharge of dredged or fill
material must withstand expected high
flows. The activity must, to the
maximum extent practicable, provide
for retaining excess flows from the site,
provide for maintaining surface flow
rates from the site similar to
preconstruction conditions, and provide
for not increasing water flows from the
project site, relocating water, or
redirecting water flow beyond
preconstruction conditions. Stream
channelizing will be reduced to the
minimal amount necessary, and the
activity must, to the maximum extent
practicable, reduce adverse effects such
as flooding or erosion downstream and
upstream of the project site, unless the
activity is part of a larger system
designed to manage water flows. In most
cases, it will not be a requirement to
conduct detailed studies and monitoring
of water flow,
This condition is only applicable to
projects that have the potential to affect
waterflows. While appropriate measures
must be taken, it is not necessary to
conduct detailed studies to identify
such measures or require monitoring to
ensure their effectiveness. Normally, the
Corps will defer to state and local
authorities regarding management of
water flow.
22. Adverse F,ffects From
Impoundments. If the activity creates an
impoundment of water, adverse effects
to the aquatic system due to the
acceleration of the passage of water,
and/or the restricting its flow shall be
minimized to the maximum extent
practicable. This includes structures
and work in navigable waters of the US,
or discharges of dredged or fill material.
23. Waterfowl Breeding Areas.
Activities, including structures and
work in navigable waters of the US or
discharges of dredged or fill material,
into breeding areas for migratory
waterfowl must be avoided to the
maximum extent practicable.
24. Herrioval of 7emporaryFills. Any
temporary fills must be removed in their
entirety and the affected areas returned
to their preexisting elevation.
25. Designated Critical Resource
Waters. Critical resource waters include,
NOAH-designated marine sanctuaries,
National Estuarine Research Reseives,
National Wild and Scenic Rivers,
critical habitat for Federally listed
threatened and endangered species,
coral reefs, state natural heritage sites,
and outstanding national resource
waters or other waters officially
designated by a state as having
particular environmental or ecological
significance and identified by the
District Engineer after notice and
opportunity for public comment. The
District Engineer may also designate
additional critical resource waters after
notice and opportunity for comment.
(a) Except as noted below, discharges
of dredged or fill material into waters of
the US are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42,
43, and 44 for any activity within, or
directly affecting, critical resource
waters, including wetlands adjacent to
such waters. Discharges of dredged or
fill materials into waters of the US may
be authorized by the above NWPs in
National Wild and Scenic Rivers if the
activity complies with General
Condition 7. Further, such discharges
may be authorized in designated critical
habitat for Federally listed threatened or
endangered species if the activity
complies with General Condition 11 and
the USFWS or the NlvfFS has concurred
in a determination of compliance with
this condition.
(b) For NW-Ps 3, 8, 10, 13, 15, 18, 19,
22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and
38, notification is required in
accordance with General Condition 13,
for any activity proposed in the
designated critical resource waters
including wetlands adjacent to those
waters. The District Engineer may
authorize activities under these NkVPs
only after it is determined that the
impacts to the critical resource waters
will be no more than minimal.
26. Fills Within 100-Year Floodplains.
For purposes of this General Condition,
100-year floodplains will be identified
through the existing Federal Emergency
Management Agency's (FEMA) Flood
Insurance Rate Maps or F'EMA-approved
local floodplain maps.
(a) Dischorges in floodplain; Below
Headwaters. Discharges of dredged or
fill material into waters of the US within
the mapped 100-year floodplain, below
2094 Federal Register/ Vol. 67, No. 10 /Tuesday, January 15, 2002/Notices
headwaters (i.e. five cfs), resulting in
permanent above-grade fills, are not resources for the purpose of
compensating for unavoidable ad change the use of a waterbody. The

authorized by NWPs 39, 40, 42, 43, and
44 verse,
impacts which remain after all acreage of loss of waters of the US is the
threshold measurement of the im
act to
. b) Discharges in Fooodw
(ay; Above appropriate and practicable avoidance
and miuirnization has been achieved p
existing waters for determining whether

Headwaters. Discharges of dredged or
fill material into waters of the US withi .
Creation: The establishment of a
n wetland or other aquatic resource wher a project may qualify for an NWP; it is
riot a net threshold that is calculated
e

the FEMA or locally mapped floodway,
resulting in permanent above-grade fills
one did not formerly exist,
Enhancement: Activities conducted i after considering compensatory
mitigation that may be used to offset

are not authorized by NWPs 39, 40, 42,
and 44 ,
existing wetlands or other aquatic n losses of aquatic functions and values.
The loss of stream bed includes th

.
(c) Tire permittee must comply with
resources that increase one or more
aquatic'functions, e
linear feet of stream bed that is filled or

any applicable FEMA-approved state or
local floodplain management
Ephemeral Stream: An ephemeral
stream has flowing water only during excavated. Waters of the US temporarily

filled, flooded,
excavated,
drained,
requirements. and for a short duration after ti
but
restored to
contours
27. Construction Period. For activities
that have not been verified by the Corps ,
precipitation events in a typical year.
Ephemeral stream beds are located after construction,
and elevations after are
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 ep
not included
r
t
n
r
expiration date of the NWP (or the stream. Runoff from rainfall is the in he ac
e ge
or li
arr
foot
modification or revocation date), the

work must be completed within 12- primary source of water for stream flow.

Farm Tract: A unit of contiguous land
waters puthe
US m oeasr lureossmeofsnts tre realm loss bedd of of
, 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 NbVPs.
For activities that have been verified Flood Fringe: That portion of he 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 referred to as ''floodway fringe''). US) that is
of subject
the ebb and
d

verification period, the work must be
Floodwoy: The area regulated by flow of tidal
The
a
completed by the date determined by Federal, state, or local requirements to wetland can be found at 33 CFR
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, durin
a
submitted at least one month before the Insurance Program) within the 100-year g
year with normal patterns of
previously approved completion date. floodpI in. 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 complete project in the Corps regulatory .
q
vegetation within the area of standing or
determine if an activity complies with program. A project is considered to have 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 constructed absent the construction of considered to be open waters, The term
obtain other Federal, state, or local other projects in the project area. "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 term does not include
3. NvVPs 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. NWPs 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. NWPs do not authorize interference
with any existing or proposed Federal complete projects with independent
utilit above the stream bed for most of the
ea
G
d

project. y,
Intermittent Stream: An intermittent y
r.
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 (BNIPsJ: times of the year, when groundwater
provides water for stream flow. During water for stream flow.
Permanent Above-grade Fill: A
BMPs are policies, practices,
procedures, or structures implemented dry periods, intermittent streams may
not have flowin
water
Runoff f discharge of dredged or fill material into
w
t
f
h
US
l

to mitigate the adverse environmental
effects on surface water qualit
resultin g
.
rom
rainfall is a supplemental source of
t
f a
ers o
t
e
, inc
uding wetlands,
that results in a substanti rl increase in
y
g
from development. BMPs are wa
er
or stream flow,
Loss of Waters of the US: Waters of ground elevation and permanently
converts part or all of the waterbody to
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 dry land. Structural fills authorized by
NWP

limits on a development.
Cornpensotory Mitigation: For p
y
adversely affected by flooding,
i s 3, 25, 36, etc. are not included.
Preservation: The protection of

purposes of Section 10/404, excavat
on, or drainage because of the
regulated activity
Permanent adverse ecologically important wetlands or other
ti

compensatory mitigation is the
restoration, creation
enhancement
or in .
effects include permanent above-grade,
at-
d
b
l aqua
c resources in perpetuity through
the implementation of appropriate legal
,
,
exceptional circumstances, preservation
of wetlands and/or other a
uatic gra
e, or
e
ow-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 and
pool complexes are special aquatic sites
under the 404(6)(1) Guidelines. Riffle
and pool complexes sometimes
characterize steep gradient sections of
streams. Such stream sections are
recognizable by their hydraulic
characteristics. The rapid movement of
water over a course substrate in riffles
results in a rough flow, a turbulent
surface, and high dissolved oxygen
levels in the water. Pools are deeper
areas associated with riffles. A slower
stream velocity, a streaming flow, a
smooth surface, and a finer substrate
characterize pools.
Single and Complete Project: The
term "single and complete project" is
defined at 33 CFR'330.2(i) as the total
project proposed or accomplished by
one owner/developer or partnership or
other association of owners/developers
(see definition of independent utility).
For linear projects, the "single and
complete project'' (i.e., a single and
complete crossing) will apply to each
crossing of a separate water of the US
(i.e., a single waterbody) at that location.
An exception is for linear projects
crossing a single waterbody several
times at separate and distant locations:
each crossing is considered a single and
complete project. However, individual
channels in a braided stream or river, or
individual arms of a large, irregularly
shaped wetland or lake, etc., are not
separate waterbodies.
Stormwater Management: Storrwater
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.
Stormwater Management Focilities:
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 range
in size from clay to boulders. Wetlands
contiguous to the stream bed, but
outside of the ordinary high water
marks, are not considered part of the
stream bed.
Stream Channelization: The
manipulation of a stream channel to
increase the rate of water flow through
the stream channel. Manipulation may
include deepening, widening,
straightening, armoring, or other
activities that change the stream cross-
section or other aspects of stream
channel geometry to increase the rate of
water flow through the stream channel.
A channelized stream remains a water
of the US, despite the modifications to
increase the rate of water flow.
Tidal Wetland: A tidal wetland is a
wetland (i.e., water of the US) that is
inundated by tidal waters. The
definitions of a wetland and tidal waters
can be found at 33 CFR 328.3(b) and 33
CFR 328.3(f), respectively. Tidal waters
rise and fall in a predictable and
measurable rhythm or cycle due to the
gravitational pulls of the moon acid sun.
Tidal waters end where the rise and fall
of the water surface can no longer be
practically measured in a predictable
rhythm due to masking by other waters,
wind, or other effects. Tidal wetlands
are located channelward of the high tide
line (i.e., spring high tide line) and are
inundated by tidal waters two times per
lunar month, during spring high tides.
Vegetated Buffer: A vegetated upland
or wetland area next to rivers, streams,
lakes, or other open waters which
separates the open water from
developed areas, including agricultural
land. Vegetated buffers provide a variety
of aquatic habitat functions and values
(e.g., aquatic habitat for fish and other
aquatic organisms, moderation of water
temperature changes, and detritus for
aquatic food webs) and help improve or
maintain local water quality. A
vegetated buffer can be established by
maintaining an existing vegetated area
or planting native trees, shrubs, and
herbaceous plants on land next to open-
waters. Mowed lawns are not
considered vegetated buffers because
they provide little or no aquatic habitat
functions and values. The establishment
and maintenance of vegetated buffers is
a method of compensatory mitigation
that can be used in conjunction with the
restoration, creation, enhancement, or
preservation of aquatic habitats to
ensure that activities authorized by
NWPs result in minimal adverse effects
to the aquatic environment. (See
General Condition 19.)
Vegetated Shallows: Vegetated
shallows are special aquatic sites under
the 404(b)(1) Guidelines. They are areas
that are permanently inundated and
under normal circumstances have
rooted aquatic vegetation, such as
seagrasses in marine and estuarine
systems and a variety of vascular rooted
plants in freshwater systems.
Waterbody: A waterbody is any area
that in a normal year has water flowing
or standing above ground to the extent
that evidence of an ordinary high water
mark is established. Wetlands
contiguous to the waterbody are
considered part of the waterbody.
[FR Doc. 02-539 Filed 1-14-02; 8:45 ant]
BILLING CODE 7710.-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
summaries are those of the applicant
and do not necessarily reflect the views
of NMFS.
Species Covered in This Notice
The following species are covered in
this notice:
Sea turtles
Threatened and endangered green
turtle (Chelonia mydos)
Endangered hawksbill turtle
(Eretmochelys imbricata)
Endangered Kemp's ridley turtle
(Lepidochelys ke%p.i)
Endangered leatherback turtle
(Dermochelys coriacea)
Threatened loggerhead turtle (Coretta
caretto)
Application 1361
The applicant,is applying for a 5-year
permit to trawl for turtles, as needed, at
dredge and other construction/
destruction sites to remove the turtles to
a safe location. The turtles will be
captured, tagged, measured and released
offshore away from the dredging
activities. The applicant expects to
capture and relocate 95 green, 11
hawksbill, 160 loggerhead, 14 Kemp's
ridley and 4 leatherback turtles on the
Atlantic coast and 105 green, 17
hawksbill, 160 loggerhead, 50 Kemp's
ridley and 11 leatherback turtles on the
Gulf coast.
Dated: February 7, 2002.
Jill Lewandowski,
Acting, Chief, Permits, Conservation, and
Education Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 02-3522 Filed 2-12-02; 8:45 amnl
BILLING CODE 3510.22-S
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Issuance of Nationwide Permits;
Notice; Correction
AGENCY: Arnry Corps of Engineers, DoD
ACTION: Final notice; correction.
SUMMARY: This document contains
corrections to the final notice of
issuance of Nationwide Permits (NWPs)
which was published in the Federal
Register on Tuesday, January 15, 2002
(67 FR 2020--2095).
ADDRESSES: IIQUSACE, ATTN: CECW-
DR, 441 "G" Street, NW., Washington,
DC: 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, at [phone], Mr.
Kirk Stark, at [phone] or Ms.
Leesa Beal at [phone] or access
the U.S. Army Corps of Engineers
Regulatory Home Page at: littp://
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 NWPs except NWPs 3, 7, 12, 14,
27, 39, 40, 41, 42, 43, and 44 expire on
February 11, 2002. Existing NWPs 3, 7,
12, 14, 27, 39, 40, 41, 42, 43, and 44
expire on March 18, 2002." The
expiration date in the last sentence of
this paragraph is corrected as "March
18, 2007", instead of "March 19, 2007".
On page 2020, the paragraph in the
section entitled "Grandfather Provision
for Expiring NWPs at 33 CFR 330.6" is
corrected to read: "Activities authorized
by the current NWPs issued on
December 13, 1996, (except NWPs 3, 7,
12, 14, 27, 39, 40, 41, 42, 43, and 44),
that have commenced or are wider
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, aril 44, that were issued
on March 9, 2000, that are commenced
or under contract to commence by
March 18, 2002, will have until March
18, 2003, to complete the activity."
On page 2020, in the "Clean IVater
Act Section 401 Water Quality
Certification (WQC) and Coastal Zone
Management 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,
Ott page 2024, first column, in the
fourth sentence of the last paragraph the
phrase "less than" is replaced by
"greater than" because the 30 clay
completeness review period for NWP
pre-construction notifications is greater
than the 15 clay completeness review
period for standard permit applications.
On page 2031, second column, second
full paragraph, the number 31 is
replaced with the number 3 because this
paragraph refers to NWI' 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 tnirtimum 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 limits:
(1) For linear transportation projects in
non-tidal waters, provided the discharge
does not cause the loss of greater than
'/r-acre of waters of the US; or (2) For
linear transportation projects in tidal
waters, provided the discharge does not
cause the loss of greater than 1/3-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
cued we are correcting this paragraph by
reinstating the original text as it
appeared in the version of NWP 36
published in the December 13, 1996,
Federal Register (61 FR 65919).
On page 2086, in the second full
paragraph of the second column,
"paragraph (e)" in the second sentence
is replaced with "paragraph (f)" and
"paragraph (i)" in the third sentence is
replaced with "paragraph (j)" to
accurately cite the previous paragraphs
of NWP 39. The last two sentences of
the paragraph before the subdivision
paragraph were incorrectly divided into
two sentences from the original single
sentence and identified as being related
to General Condition 15. This change
was not intended and we are correcting
this paragraph by reinstating the
original last sentence as it exists in the
March 9, 2000, text of NWP 39 (65 FR
12890).
On page 2086, middle column, the
parenthetical statement at the end of the
Note at the end of NWP 39 is corrected
to read "* * * (except for ephemeral
waters, which do not require PCNs
tinder paragraph (c)(2), above; however,
activities that result in the loss of greater
than V1o 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
'/1o acre PCN requirement. The
correction is needed because the
statement in the parentheses could be
incorrectly interpreted to apply to
paragraph (c)(1) and possibly to all
PCNs, not just those affected by
paragra 1h (c)(2).
For c arity, we are providing the text
of NWP 39 in its entirety, with the
corrections described above:
39. Residential. Commercial, and
Institutional Uevulopownts. Discharges
of dredged or fill nnaterial 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 nray
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 air
integral part of the residential
development). 'Clre construction of new
ski areas or oil and gas wells is not
authorized b this NWP.
Residential developments include
multiple and single unit developments.
Examples of commercial developments
inclo,cle retail stores, industrial facilities,
restaurants, business parks, and
shopping centers. Examples of
institutional developments include
schools, fire stations, government office
buildings, judicial buildings, public:
works buildings, libraries, hospitals,
and places of worship. The activities
listed above are authorized, provided
the activities meet all of the following
criteria:
a. 'File. discharge does not cause the
loss of greater than Ih 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
strearn 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 Vu,-acre of non-tidal waters
of the US, excluding non-tidal wetlands
adjacent to tidal waters; or
(2) The discharge causes the loss of
any open waters, including perennial or
intermittent streams, below the ordinary
hi h water mark (see Note, below); or
(3) The discharge causes the loss of
greater than 300 linear feet of
intermittent strearn bed. In such case, to
be authorized the District Engineer must
determine that the activity complies
with the other terms and conditions of
the Nall', determine adverse
envirounrental effects are nrininral both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the pernrittee may
proceed;
d. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
e. The discharge is part of a single and
complete project;
C'l'ine 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 for,the District Engineer's
consideration;
g. When this NWP is used in
conjunction with any other NWP, any
combined total permanent loss of waters
of the US exceeding 1/1o-acre requires
that the pormittee notify the District
Engineer in accordance with General
Condition 13;
It. Any work authorized by this NWP
roust 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
V1o-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.,
1/z-acre of emergent wetlands created
oil-site);
j. If there are any open waters or
streams within the project area, the
permittee will establish and maintain, to
the nnaxinntcnl extent practicable,
wetland or upland vegetated buffers
next to those open waters or streams
consistent with General Conclitfonl 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 1/1o acre of ephemeral waters
would require PCNs under paragraph (c)(1),
above).
On page 2088, in the sixth sentence of
the first paragraph in the first column,
the phrase "an adequate water quality
management plan" is replaced with the
phrase "adequate water quality
management measures" to reflect the
modified language in General Condition
9. This sentence is corrected to read
"The facility must have adequate water
quality management measures in
accordance with General Condition 9,
such as a stormwater management
facility, to ensure that the recreational
facility results in no substantial adverse
effects to water quality."
On page 2089, first column, the
second sentence of paragraph (c) of
NWP 44 is corrected to read "Normally,
the water quality management measures
required by General Condition 9 should
address these impacts;". In addition, the
second sentence of paragraph (i) of NWP
44 is corrected to reach "Further the
District Engineer may require water
quality management measures to ensure
the authorized work results in minimal
adverse effects to water quality;" These
corrections are necessary to reflect the
modified language in General Condition
9.
On page 2089, third column, the text
of General Condition 6 is corrected to
read: "The activity must comply with
any regional conditions that may have
been added by the Division Engineer
(see 33 CFR 330.4(e)) and with any case
specific conditions added by the Corps
or by the state or tribe in its Section 401
Water Quality Certification and Coastal
Zone Management Act consistency
determination." The change to General
Condition 6 that was published in the
January 15, 2002, Federal Register was
not intended and we are correcting this
sentence by reinstating the original text
as it existed in the March 9, 2000,
NWPs.
On page 2090, first column, the word
"Section" in the parenthetical at the end
of General Condition 10 is replaced with
"33 CFR" so that the parenthetical reads
"(see 33 CFR 330.4(d))".
On page 2090, at the top of the second
column, the second Internet URL is
replaced with "* * * http://
W WW. nm fs. n oaa.go v/pro t_res/overvierv/
es.thtmi * * *" because the Internet
address for the National Marine
Fisheries Service home page for
endangered species has been changed.
On page 2090, third column, in
paragraph (b)(4) of General Condition
13, NWP 40 should be added to the list
of NWPs that require submission of
delineations of special aquatic sites with
pre-construction notifications.
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 column, in
paragraph (b)(8) of General Condition
13, the word "Activities" is inserted
after the word "Restoration" because the
title of NWP 27 is "Stream and Wetland
Restoration Activities".
On page 2091, first column, in
paragraph (b)(10) of General Condition
13, the word "Projects" is replaced with
the word "Facilities" because the title of
NWP 31 is "Maintenance of Existing
Flood Control Facilities".
On page 2094, third column, we are
correcting the definition of "Loss of
Waters of the US" by deleting the last
sentence and inserting the following
sentence after the fourth sentence of this
definition: "Impacts to ephemeral
streams are not included in the linear
foot measurement of loss of stream bed
for the purpose of determining
compliance with the linear foot limits of
NWPs 39, 40, 42, and 43."
Due to the number of corrections
made to the definition of "Loss of
Waters of the US", we are providing the
text of this definition in its entirety,
with the corrections described above:
Loss of Waters of the US: Waters of
the US that include the filled area and
other waters that are permanently
adversely affected by flooding,
excavation, or drainage because of the
regulated activity. Permanent adverse
effects include permanent above-grade,
at-grade, or below-grade fills that change
an aquatic area to dry land, increase the
bottom elevation of a waterbody, or
change the use of a waterbody. The
acreage of loss of waters of the US is the
threshold measurement of the impact to
existing waters for determining whether
a project may qualify for an NWP; it is
not a net threshold that is calculated
after considering compensatory
mitigation that may be used to offset
losses of aquatic functions and values.
The loss of stream bed includes the
linear feet of stream bed that is filled or
excavated. Impacts to ephemeral
streams are not included in the linear
foot measurement of loss of stream bed
for the purpose of determining
compliance with the linear foot limits of
NWPs 39, 40, 42, and 43. Waters of the
US temporarily filled, flooded,
excavated, or drained, but restored to
preconstruction contours and elevations
after construction, are not included in
the measurement of loss of waters of the
us.
In the January 15, 2002, Federal
Register, it was stated that the definition
was being revised (to clarify that
ephemeral waters and streams are not
included in the acreage or linear
thresholds for NWPs) to comport with
language in the preamble of the March
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 continents 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." 'T'hus, 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 % 2001, Federal
Register notice (66 FR 42099) we
proposed to modify the definition of
"Loss of Waters of the US" by adding
the sentence "* * * The loss of stream
bed includes the linear feet of perennial
stream or intermittent stream that is
filled or excavated * * *". The
proposed change was in response to a
commitment to clearly state in the text
of the NWPs (which includes the
definitions) that the 300 linear foot limit
in NWPs 39, 40, 42, and 43 for filling
and excavating stream beds would only
apply to intermittent and perennial
streams, not to ephemeral streams.
In the January 15, 2002, Federal
Register notice (67 FR 2074-2075) we
erroneously stated that both the acreage
and linear limits of the NWPs do not
apply to ephemeral waters. This was
never intended to be adopted as policy
for the NWPs or the Corps regulatory
program. A previously stated, in the first
column of page 2075 of the January 15,
2002, Federal Register notice, we refer
to page 12881 of the March 9, 2000,
Federal Register notice, which only
discusses the 300 linear foot limit, not
the acreage limits of the NWPs. Our
intent is to continue to apply acreage
limits of NWPs to activities that result
in the permanent loss of ephemeral
waters, but the linear foot limits of the
NWI's (i.e., MVPs 39, 40, 42, and 43) for
filling or excavating stream beds would
not apply to activities that involve
filling or excavating ephemeral streams.
The last sentence of the definition of
"Loss of Waters of the US" as published
in the January 15, 2002, Federal
Register notice does not comport with
remainder of this NWP package.
Therefore, we are correcting this
definition as described above.
We believe that correcting the text of
NWP 39 and the definition of "Loss of
Waters of the US" through the
publication of this correction notice is
appropriate. Nevertheless, in order to
give all interested parties further
opportunity to comment on this matter,
we intend to publish a Federal Register
notice to solicit public comments on
those two corrections. If we determine
that any other matter relating to the final
NWI'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 aml
BILLING CODE 7710-92-A
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.n1. Meeting Board of Regents
(1) Approval of Minutes-November 14,
2001
(2) Faculty Matters
(3) Department Reports
(4) Financial Report
(S) Report--President, USUHS
(6) Report--Dean, School of Medichle
(7) Report--Dean, Graduate School of
Nursin,
(8) Comments-Chairman, Board of
Regents
(9) New Business
CONTACT PERSON FOR MORE INFORMATION:
Mr. Bobby D. Anderson, Executive
Secretary, Board of Regents, (301) 295-
3116.
Dated: February 8, 2002.
Linda Bynum,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 02-3683 Filed 2-11-02; 3:32 purl
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