20120396 Ver 2_Nationwide Permit 03 - Maintenance_20240105

Nationwide Permit 3 - Maintenance
Effective Date: March 19, 2017; Expiration Date: March 18, 2022
(NWP Final Notice, 82 FIR 1860)
Nationwide Permit 3 - Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized,
currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3,
provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in
the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or
filled area, including those due to changes in materials, construction techniques, requirements of other regulatory
agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation,
or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills.
Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement
of the structure or fill; such modifications, including the removal of material from the stream channel, must be
immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris
within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or
replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events,
provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two
years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes,
this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding,
contract, or other similar delays.
(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of
existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment
is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate
dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from
the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments
blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments
from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited
and retained in an area that has no waters of the United States unless otherwise specifically approved by the
district engineer under separate authorization.
(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary
to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows
and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges,
including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites.
Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high
flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected
areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as
appropriate.
(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not
authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation
projects.
Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre -construction
notification to the district engineer prior to commencing the activity (see general condition 32). The pre -
construction notification must include information regarding the original design capacities and configurations of the
outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899
and section 404 of the Clean Water Act (Sections 10 and 404))
Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill
that does not qualify for the Clean Water Act section 404(f) exemption for maintenance.

Authority: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act
A. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the following general
conditions, as applicable, in addition to any regional or case -specific conditions imposed by the division engineer
or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if
regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate
Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/ or
Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit
authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization
under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6
apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or
revocation of any NWP authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights
and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and
maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The
permittee understands and agrees that, if future operations by the United States require the removal, relocation, or
other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. 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. All permanent and temporary crossings of
waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to
sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should
be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum
extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream
smothering by substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas
for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is
directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat
restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.).
Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307
of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where
the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.
8. Adverse Effects from Impoundments. If the activity creates an impoundment of water, adverse effects

to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized
to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the preconstruction course, condition,
capacity, and location of open waters must be maintained for each activity, including stream channelization, storm
water management activities, and temporary and permanent road crossings, except as provided below. The
activity must be constructed to withstand expected high flows. The activity must not restrict or impede the
passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high
flows. The activity may alter the preconstruction course, condition, capacity, and location of open waters if it
benefits the aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state
or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures
must be taken to minimize soil disturbance.
12. 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, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas
returned to pre -construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific
conditions added by the district engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project. The same NWP
cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers.
(a) No NWP 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.
(b) If a proposed NWP activity will 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, the permittee must submit a pre- construction notification (see general condition 32). The
district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that
river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency
with direct management responsibility for that river has determined in writing that the proposed NWP activity will
not adversely affect the Wild and Scenic River designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management
agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S.
Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also
available at: http://www.rivers.gov/.

17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights
(including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species.
(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as identified under
the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized under any NWP which ''may affect" a listed species or
critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been
completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP
activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity
and are later in time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If
preconstruction notification is required for the proposed activity, the Federal permittee must provide the district
engineer with the appropriate documentation to demonstrate compliance with those requirements. The district
engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation
has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.
(c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species
or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in
designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the
requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification
must include the name(s) of the endangered or threatened species that might be affected by the proposed activity
or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer
will determine whether the proposed activity ''may affect" or will have "no effect" to listed species and designated
critical habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of receipt of a
complete pre- construction notification. In cases where the non -Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant
shall not begin work until the Corps has provided notification that the proposed activity will have ''no effect" on
listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non -Federal
applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the
Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species -
specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the "take" of a threatened or endangered species
as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological
Opinion with ''incidental take" provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits
any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass,
harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The
word ''harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may
include significant habitat modification or degradation where it actually kills or injures wildlife by significantly
impairing essential behavioral patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved
Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-
federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by

paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA
section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take
were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If
that coordination results in concurrence from the agency that the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit,
the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre -
construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether
additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical habitat can be obtained
directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http://
www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action
complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is
responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable
measures to reduce impacts to migratory birds or eagles, including whether "incidental take" permits are
necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a
particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the
potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the
activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA)
have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of
the National Historic Preservation Act. If pre -construction notification is required for the proposed NWP activity,
the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate
compliance with those requirements. The district engineer will verify that the appropriate documentation has
been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106
may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section
106.
(c) Non-federal permittees must submit a pre -construction notification to the district engineer if the NWP activity
might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing
on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified
properties. For such activities, the preconstruction notification must state which historic properties might have the
potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the
historic properties or the potential for the presence of historic properties. Assistance regarding information on the
location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation
Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National
Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district
engineers will comply with the current procedures for addressing the requirements of section 106 of the National
Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out
appropriate identification efforts, which may include background research, consultation, oral history interviews,
sample field investigation, and field survey. Based on the information submitted in the PCN and these
identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to
cause effects on the historic properties. Section 106 consultation is not required when the district engineer
determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR
800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the
potential to cause effects on historic properties. The district engineer will conduct consultation with consulting

parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the
purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where
the non -Federal applicant has identified historic properties on which the activity might have the potential to cause
effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106
consultation has been completed.
(d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether NHPA section 106 consultation is required. If NHPA section
106 consultation is required, the district engineer will notify the non -Federal applicant that he or she cannot begin
the activity until section 106 consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the
Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of
section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit
would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the
Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If
circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, the degree of damage to the integrity of any historic properties
affected, and proposed mitigation. This documentation must include any views obtained from the applicant,
SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or
affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to
the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown
historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,
you must immediately notify the district engineer of what you have found, and to the maximum extent practicable,
avoid construction activities that may affect the remains and artifacts until the required coordination has been
completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the
items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic
Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine
sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may
designate, after notice and opportunity for public comment, additional waters officially designated by a state as
having particular environmental or ecological significance, such as outstanding national resource waters or state
natural heritage sites. The district engineer may also designate additional critical resource waters after notice
and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14,
16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical
resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in
accordance with general condition 32, for any activity proposed in the designated critical resource waters
including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only
after it is determined that the impacts to the critical resource waters will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining appropriate and
practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects

are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and
permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
losses) will be required to the extent necessary to ensure that the individual and cumulative adverse
environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed
1/10-acre and require preconstruction notification, unless the district engineer determines in writing that either
some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of
the proposed activity are no more than minimal, and provides an activity -specific waiver of this requirement. For
wetland losses of 1/10-acre or less that require preconstruction notification, the district engineer may determine on
a case -by -case basis that compensatory mitigation is required to ensure that the activity results in only minimal
adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction notification, the district engineer
may require compensatory mitigation to ensure that the activity results in no more than minimal adverse
environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable,
through stream rehabilitation, enhancement, or preservation, since streams are difficult to -replace resources
(see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally
include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation
easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of
riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic habitat loss
concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district
engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns.
If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a
lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline
may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will
determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on
what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to
be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or
reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the
applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if
compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse
environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is
mitigation bank credits or in -lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an
appropriate number and type of mitigation bank or in -lieu credits are not available at the time the PCN is
submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the
authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see
33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).

(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,
aquatic resource restoration should be the first compensatory mitigation option considered for permittee-
responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for
submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to
make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable
requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee
begins work in waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to
address the baseline conditions at the impact site and the number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory
mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed
through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan
(see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the
NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity
resulting in the loss of greater than 12- acre of waters of the United States, even if compensatory mitigation is
provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be
used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies
the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in -lieu fee programs, or permittee- responsible
mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and
practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine
or estuarine resources, permittee responsible mitigation may be environmentally preferable if there are no
mitigation banks or in- lieu fee programs in the area that have marine or estuarine credits available for sale or
transfer to the permittee. For permittee responsible mitigation, the special conditions of the NWP verification must
clearly indicate the party or parties responsible for the implementation and performance of the compensatory
mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently adversely affected by a
regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert
a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,
mitigation may be required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the
district engineer may require non -Federal applicants to demonstrate that the structures comply with established
state dam safety criteria or have been designed by qualified persons. The district engineer may also require
documentation that the design has been independently reviewed by similarly qualified persons, and appropriate
modifications made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified
compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or
waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality
management measures to ensure that the authorized activity does not result in more than minimal degradation of

water quality
26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal
zone management consistency concurrence, an individual state coastal zone management consistency
concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district
engineer or a State may require additional measures to ensure that the authorized activity is consistent with state
coastal zone management requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may
have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added
by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the
state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits. Use of Multiple Nationwide Permits. The use of more than one NWP
for a single and complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit.
For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization
authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot
exceed 0- acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit
verification must be attached to the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will
continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and
the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and
date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must
provide a signed certification documenting completion of the authorized activity and implementation of any
required compensatory mitigation. The success of any required permittee-responsible mitigation, including the
achievement of ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter. The certification
document will include:
(a) A statement that the authorized activity was done in accordance with the NWP authorization, including any
general, regional, or activity -specific conditions;

(b) A statement that the implementation of any required compensatory mitigation was completed in accordance
with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the
compensatory mitigation requirements, the certification must include the documentation required by 33 CFR
332.3(I)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and mitigation. The completed
certification document must be submitted to the district engineer within 30 days of completion of the
authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires
permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or
use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a "USACE project"), the
prospective permittee must submit a preconstruction notification. See paragraph (b)(10) of general condition 32.
An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues
the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written
NWP verification.
32. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective
permittee must notify the district engineer by submitting a pre -construction notification (PCN) as early as possible.
The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if
the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the information needed to
make the PCN complete. As a general rule, district engineers will request additional information necessary to
make the PCN complete only once. However, if the prospective permittee does not provide all of the requested
information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the
PCN review process will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any
special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective
permittee has not received written notice from the district or division engineer. However, if the permittee was
required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be
affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity
might have the potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps that there is "no effect" on listed species or "no potential to cause
effects" on historic properties, or that any consultation required under Section 7 of the Endangered Species Act
(see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has
been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written
approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP,
the permittee may not begin the activity until the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of
a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained.
Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or revoked only in
accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
10

(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed
activity;
(4) A description of the proposed activity; the activity's purpose; direct and indirect adverse environmental effects
the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and
other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a
description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by
the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended
to be used to authorize any part of the proposed project or any related activity, including other separate and
distant crossings for linear projects that require Department of the Army authorization but do not require pre -
construction notification. The description of the proposed activity and any proposed mitigation measures should
be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the
activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation
measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of
wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands,
other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the
activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a
quicker decision. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches
should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual
plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes
and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be
prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to
delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps
does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites,
and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1A O-acre of wetlands and a PCN is required, the
prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or
explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation
should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed
mitigation plan.
(7) For non -Federal permittees, if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s)
of those endangered or threatened species that might be affected by the proposed activity or utilize the
designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre -
construction notification, Federal permittees must provide documentation demonstrating compliance with the
Endangered Species Act;
(8) For non -Federal permittees, if the NWP activity might have the potential to cause effects to a historic property
listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of
Historic Places, the PCN must state which historic property might have the potential to be affected by the
proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that
require pre -construction notification, Federal permittees must provide documentation demonstrating compliance
with section 106 of the National Historic Preservation Act;
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(9) For an activity that will 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, the PCN must identify the Wild and Scenic River or the "study river" (see general condition
16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or
temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works
project, the pre -construction notification must include a statement confirming that the project proponent has
submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE
project.
(c) Form of Pre -Construction Notification: The standard individual permit application form (Form ENG 4345) may
be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of
the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing
the required information may also be used. Applicants may provide electronic files of PCNs and supporting
materials if the district engineer has established tools and procedures for electronic submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies
concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) All NWP activities that require pre -construction notification and result in
the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52
activities that require pre -construction notification and will result in the loss of greater than 300 linear feet of
stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or
involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500
linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the
ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide (e.g., via email, facsimile
transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal
or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With
the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive,
site -specific comments. The comments must explain why the agency believes the adverse environmental effects
will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar
days before making a decision on the preconstruction notification. The district engineer will fully consider agency
comments received within the specified time frame concerning the proposed activity's compliance with the terms
and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of
the proposed activity are no more than minimal. The district engineer will provide no response to the resource
agency, except as provided below. The district engineer will indicate in the administrative record associated with
each pre -construction notification that the resource agencies' concerns were considered. For NWP 37, the
emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an
unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer
will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended,
or revoked in accordance with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a
response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation
recommendations, as required by section 305(b)(4)(B) of the Magnuson -Stevens Fishery Conservation and
Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of
12

preconstruction notifications to expedite agency coordination
B. District Engineer's Decision.
1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity
authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or
may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district
engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP,
unless he or she determines, after considering mitigation, that the proposed activity will result in more than
minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public
interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear
project, this determination will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative
effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot
limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42,
43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that
have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e.,
NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any
other losses of jurisdictional waters and wetlands, cannot exceed 12- acre.
2. When making minimal adverse environmental effects determinations the district engineer will consider the
direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse
environmental effects caused by activities authorized by NWP and whether those cumulative adverse
environmental effects are no more than minimal. The district engineer will also consider site specific factors, such
as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the
NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree
or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions
will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects
(temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or
ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment
method is available and practicable to use, that assessment method may be used by the district engineer to assist
in the minimal adverse environmental effects determination. The district engineer may add case -specific special
conditions to the NWP authorization to address site -specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than 1A O-acre of wetlands, the
prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose
compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g.,
streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures
the applicant has included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or
detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP
and that the adverse environmental effects are no more than minimal, after considering mitigation, the district
engineer will notify the permittee and include any activity specific conditions in the NWP verification the district
engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the
permittee commences work in waters of the United States, unless the district engineer determines that prior
approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the
PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district
engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete
PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than
13

minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after
consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the
district engineer will provide a timely written response to the applicant. The response will state that the NWP
activity can proceed under the terms and conditions of the NWP, including any activity -specific conditions added
to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the proposed activity are more
than minimal, then the district engineer will notify the applicant either: (a) That the activity does not qualify for
authorization under the NWP and instruct the applicant on the procedures to seek authorization under an
individual permit; (b) that the activity is authorized under the NWP subject to the applicant's submission of a
mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c)
that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer
determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity
will be authorized within the 45-day PCN period (unless additional time is required to comply with general
conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity
specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual
or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the
adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required,
no work in waters of the United States may occur until the district engineer has approved a specific mitigation
plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure
timely completion of the required compensatory mitigation.
C. Further Information
1. District Engineers have authority to determine if an activity complies with the terms and conditions of
an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations
required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project (see general
condition 31).
D. Definitions
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the
adverse environmental effects on surface water quality resulting from development. BMPs are categorized as
structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation),
enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting
unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has
been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require
reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
14

Discharge: The term "discharge" means any discharge of dredged or fill material into waters of the United
States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration,
enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure,
functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where
the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual
model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the
proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat
type or riparian area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource
to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of
selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s).
Enhancement does not result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after,
precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round.
Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for
stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to
develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in
aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the maximum height reached by a
rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along
shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical
markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general
height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the normal or predicted
reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a
hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or
other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the
Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within
such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or
Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non -linear project in the Corps
Regulatory Program. A project is considered to have independent utility if it would be constructed absent the
construction of other projects in the project area. Portions of a multi -phase project that depend upon other phases
of the project do not have independent utility. Phases of a project that would be constructed even if the other
phases were not built can be considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but
are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater
provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from
15

rainfall is a supplemental source of water for stream flow
Loss of waters of the United States: Waters of the United States that are permanently adversely affected by
filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include
permanent discharges of dredged or fill material 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 United States is
a threshold measurement of the impact to jurisdictional 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 services. The loss of stream bed includes the acres or linear feet of stream
bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily filled,
flooded, excavated, or drained, but restored to pre -construction contours and elevations after construction, are not
included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not
require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the
Clean Water Act, are not considered when calculating the loss of waters of the United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined
at 33 CFR part 329.
Non -tidal wetland: A non -tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Non -
tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of
precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be
determined. Aquatic vegetation within the area of flowing or standing water is either non -emergent, sparse, or
absent. Vegetated shallows are considered to be open waters. Examples of "open waters" include rivers, streams,
lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of
water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of
the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is
located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow.
Runoff from rainfall is a supplemental source of water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and
logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps for confirmation that a
particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar
document that includes information about the proposed work and its anticipated environmental effects.
Preconstruction notification may be required by the terms and conditions of a nationwide permit, or by regional
conditions. A pre -construction notification may be voluntarily submitted in cases where preconstruction
notification is not required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near
those aquatic resources. This term includes activities commonly associated with the protection and maintenance
of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation
does not result in a gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or
16

cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties,
statutes, judicial decisions, or executive orders, including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
returning natural/historic functions to a former aquatic resource. Reestablishment results in rebuilding a former
aquatic resource and results in a gain in aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic
resource function, but does not result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of
returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains
in aquatic resource area, restoration is divided into two categories: Reestablishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines.
Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are
recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles
results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate
characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine -marine shorelines. Riparian
areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface
hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non -wetland
waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production.
Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments
(i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate
materials placed into waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the purpose of getting people,
goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or
more waterbodies at separate and distant locations. The term "single and complete project" is defined as that
portion of the total linear project proposed or accomplished by one owner/developer or partnership or other
association of owners/developers that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at
separate and distant locations, each crossing is considered a single and complete project for purposes of NWP
authorization. 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, and crossings of such features cannot be considered
separately.
Single and complete non -linear project: For non -linear projects, 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. A single and complete non -linear project must have independent utility
(see definition of "independent utility"). Single and complete non -linear projects may not be "piecemealed" to
avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism
for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and
flooding and mitigating the adverse effects of changes in land use on the aquatic environment.
17

Stormwater management facilities: Stormwater management facilities are those facilities, including but not
limited to, stormwater retention and detention ponds and best management practices, 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's course, condition, capacity, or location that causes more
than minimal interruption of normal stream processes. A channelized stream remains a water of the United
States.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap,
jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored
floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and
fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal
waters end where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the
high tide line.
Tribal lands: Any lands title to which is either: (1) Held in trust by the United States for the benefit of any
Indian tribe or individual; or (2) held by any Indian tribe or individual subject to restrictions by the United States
against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority,
unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give
rise to legally enforceable remedies.
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: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is
adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands
are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
ADDITIONAL INFORMATION
Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also
be accessed at http://www.swt.usace.army.miI/Missions/Regulatory.aspx or
http://www.usace.army.miI/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
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