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HomeMy WebLinkAbout20171539 Ver 1_Summary_Final_2017NWPs_1-2017_20171130Summary of the 2017 Nationwide Permits� Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 1— Aids to Navigation 10 none PCN not required no navigable waters of the U.S. none NWP 2— Structures in 10 none PCN not required no navigable waters of the U.S. none Artificial Canals NWP 3 — Maintenance 10/404 (a) Repair, rehabilitation, authorizes only minor PCN not required no all waters of the U.S. Clarify that NWP authorizes Does not authorize: maintenance dredging for or replacement of deviations for removal of previously authorized the primary purpose of navigation; beach previously authorized, maintenance structures and fills. restoration; or new stream channelization or currently serviceable stream relocation projects. Limits stream channel structures or fills modification to the minimum necessary for the maintenance activit . (b) Discharges 200 feet from all activities yes all waters of the U.S. Remove provision authorizing the associated with removal structure; minimum placement of new or additional of accumulated necessary to restore riprap to protect the structure sediments and debris in capacity intake or (riprap may be authorized by the vicinity of existing outfall or associated NWP 13). structures, including canal intake and outfall structures and associated canals (c) Temporary structures, PCN not required no all waters of the U.S. Clarify that NWP authorizes use Temporary fills must be removed in their entirety fills, and work necessary of temporary mats, if regulated by and the affected areas returned to pre- to conduct maintenance the district. construction elevations activit NWP 4— Fish and Wildlife 10/404 none PCN not required no all waters of the U.S. none Does not authorize impoundments or artificial Harvesting, Enhancement, reefs. Does not authorize covered oyster trays or and Attraction Devices and clam racks. Activities NWP 5— Scientific 10/404 25 cubic yards for PCN not required no all waters of the U.S. none Devices and any associated structures or fills be Measurement Devices weirs and flumes removed upon completion of the use and restored to pre-construction elevations to maximum extent racticable. NWP 6— Survey Activities 10/404 1/10-acre PCN not required no all waters of the U.S. none Does not authorize fills for roads. Does not authorize permanent structures. Does not authorize fill associated with recovery of historic properties. Backfilling of exploratory trenches must not drain a water of the U.S. � This table is intended to provide general information on the 2017 nationwide permits published in the Federal Register on January 6, 2017. January 5, 2017 Page 1 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 7— Outfall Structures 10/404 none all activities yes all waters of the U.S. none Activity must comply with National Pollutant and Associated Intake Discharge Elimination System Program. Structures NWP 8— Oil and Gas 10 none all activities no navigable waters of the U.S. none Limited to facilities in areas leased by the Bureau Structures on the Outer of Ocean Energy Management of the Continental Shelf De artment of the Interior. NWP 9— Structures in 10 none PCN not required no navigable waters of the U.S. Remove reference to U.S. Coast Applies to structures, buoys, and other devices Fleeting and Anchorage Guard. placed in anchorage or fleeting areas established Areas forthose ur oses NWP 10 — Mooring Buoys 10 none PCN not required no navigable waters of the U.S. none Non-commercial, single boat mooring buoys NWP 11 — Temporary 10 none PCN not required no navigable waters of the U.S. none Structures must be removed within 30 days after Recreational Structures use discontinued. NWP 12 — Utility Line 10/404 1/2 acre . a section 10 permit yes, if PCN see text of NWP Authorize the use of temporary Temporary fills must be removed in their entirety Activities is required required mats. Add notes referencing and the affected areas returned to pre- • mechanized land concepts from definition of "single construction elevations. clearing in forested and complete linear projecY' and wetlands for the 33 CFR 330.6(d). Add note with right-of-way reference to Corps regulations for • discharges that required minimum clearances of result in the loss of overhead electric power >1/10 acre transmission lines over navigable waters. utility lines . utility line exceeds all waters of the U.S., Clarify that NWP only authorizes Must restore area to pre-construction contours. 500 linear feet in including navigable waters crossings of waters of the United For overhead utility lines, district engineer waters of the U.S. States associated with the coordinates PCN and NWP verification letter with • utility line runs construction, maintenance, and Department of Defense Siting Clearinghouse. parallel to a stream repair of utility lines. Add internet bed within as form of communication carried jurisdictional area by utility lines. Authorize regulated activities associated with remediation for inadvertent returns of drilling fluids that may occur during horizontal directional drilling operations to install utility lines. Add note stating that NWP authorizes utility line maintenance and repair activities that do not qualify for the CWA Section 404(f) exem tion for maintenance. utility line substations non-tidal waters of the U.S., except non-tidal wetlands ad'acent to tidal waters foundations for overhead all waters of the U.S. Separate footings for each tower leg should be utility line towers, poles, used where feasible. and anchors January 5, 2017 Page 2 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? access roads . above-grade non-tidal waters of the U.S., Access roads must be constructed to minimize permanent access except non-tidal wetlands adverse effects to waters of the U.S. roads exceeding adjacent to tidal waters 500 feet; • permanent access roads constructed with impervious materials NWP 13 — Bank Stabilization 10/404 . 500 feet along • >500 linear feet in yes, if PCN all waters of the U.S. Clarify that NWP 13 authorizes a Activity cannot impair surface water flow into or the bank length required variety of bank stabilization out of waters of the U.S. Temporary fills must be (unless waived . >1 cubic yard per techniques, not just bulkheads removed in their entirety and the affected areas by DE — running foot, as and revetments. Cubic yard limit returned to pre-construction elevations. Native waivers for measured along to be measured along the bank, to plant species appropriate for site conditions, bulkheads the treated bank, cover applicability to in-stream fills including salinity, must be used for limited to 1,000 below OHWM or to control erosion. Add provision bioengineering or vegetative bank stabilization. linear feet along HTL requiring proper maintenance and the shore) . discharges into state that NWP also authorizes • 1 cubic yard per special aquatic maintenance activities. State that running foot sites native plants instead of invasive (unless waived plants must be used for by DE) bioengineering or vegetative stabilization. NWP 14 — Linear 10/404 . 1/2 acre in non- • >1/10 acre yes, if PCN all waters of the U.S. Add notes referencing concepts Temporary fills must be removed in their entirety Transportation Projects tidal waters . discharges into required from definition of "single and and the affected areas returned to pre- • 1/3 acre in tidal special aquatic complete linear projecY' and 33 construction elevations. Does not authorize waters sites CFR 330.6(d). storage buildings, parking lots, train stations, aircraft hangars, or other non-linear trans ortation features. NWP 15 — U.S. Coast Guard 10/404 none PCN not required no navigable waters of the U.S. none Causeways and approach fills for bridges are not Approved Bridges authorized by this NWP; those activities require separate section 404 authorization. Bridge structures can be authorized by Section 9 of the Rivers and Harbors Act or other a licable laws. NWP 16 — Return Water 404 none PCN not required no all waters of the U.S. none Water quality issues addressed through Clean From Upland Contained Water Act section 401 certification process Dis osal Areas NWP 17 — Hydropower 404 none all activities yes all waters of the U.S., except none Applies to activities licensed by the Federal Projects navigable (i.e., section 10) Energy Regulatory Commission or activities waters exem t from licensin re uirements. NWP 18 — Minor Discharges 10/404 . 25 cubic yards • >10 cubic yards yes, if PCN all waters of the U.S. none Does not authorize discharges for stream discharged discharged below required diversions. below plane of plane of OHWM/HTL OHWM/HTL • 1/10 acre of • discharges into waters of the special aquatic U.S. sites January 5, 2017 Page 3 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 19 — Minor Dredging 10/404 25 cubic yards below PCN not required no navigable waters of the U.S. Add requirement that all dredged Does not authorize dredging or degradation plane of OHWM/ material must be deposited and through siltation of coral reefs, submerged MHWM retained in an area that has no aquatic vegetation beds, anadromous fish waters of the United States unless spawning areas, or wetlands. Does not authorize otherwise specifically approved by the connection of canals to navigable waters. the district engineer under separate authorization. NWP 20 — Response 10/404 none PCN not required no all waters of the U.S. Change "and" to "or" in title of Authorizes activities subject to the National Oil Operations for Oil or NWP. and Hazardous Substances Pollution Hazardous Substances Contingency Plan. Authorizes activities required for cleanup of oil releases in waters of the U.S. Authorizes use of temporary structures and fills for s ill res onse trainin exercises. NWP 21 — Surface Coal 10/404 . 1/2 acre All activities yes non-tidal waters of the U.S., Remove paragraph that Activities must be authorized, or currently being Mining Activities . 300 linear feet of except non-tidal wetlands authorized surface coal mining processed by states with approved programs stream bed, but adjacent to tidal waters activities that were previously under Title V of the Surface Mining Control and DE can waive for authorized by the 2007 NWP 21. Reclamation Act of 1977. intermittent and Clarify that any losses of stream ephemeral bed are applied to the 1/2-acre streams limit. • No valle fills NWP 22 — Removal of 10/404 none . if vessel listed or yes, if PCN all waters of the U.S. Change Note 2 to refer to the Does not authorize maintenance dredging, shoal Vessels eligible for National required possibility of shipwrecks being removal, or river bank snagging. Disposal of Register of Historic historic properties. removed vessel in waters of the U.S. may require Places separate authorizations from EPA and Corps. • activities in special a uatic sites NWP 23 — Approved 10/404 none PCN not required, yes, if PCN all waters of the U.S. Change "environmental Categorical exclusions must be approved by the Categorical Exclusions except for certain required documentation" to refer to an Office of the Chief of Engineers. See RGL 05-07 activities identified in environmental impact statement for list of agencies and their activities that are RGL 05-07 or environmental assessment. currentl eli ible for NWP 23. NWP 24 — Indian Tribe or 10 none PCN not required no navigable waters of the U.S. none Does not authorize activities in navigable waters State Administered Section that require only a section 10 permit. 404 Pro ram NWP 25 — Structural 404 none PCN not required no waters of the U.S. none Structure may require a section 10 permit if Discharges located in navigable waters of the U.S. Does not authorize structures that support buildings or similar structures. NWP 27 — Aquatic Habitat 10/404 none all activities, except for yes, if PCN all waters of the U.S. Add requirement to use an Does not authorize stream channelization. Does Restoration, Enhancement, those that require required ecological reference to plan, not authorize relocation or conversion of tidal and Establishment Activities reporting (e.g., activities design, and implement the NWP waters. Does not authorize conversion of natural under a binding activity. Add the removal of wetlands or streams, except for relocation agreement between the stream barriers, such as activities. Compensatory mitigation is not landowner and an undersized culverts, fords, and required for NWP 27 activities. agency) grade control structures, to list of exam les of authorized activities. January 5, 2017 Page 4 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 28 — Modifications of 10 activities limited to PCN not required no navigable waters of the U.S. none Does not authorize dredging, additional slips, Existing Marinas authorized marina dock spaces, or expansion in waters of the U.S. area NWP 29 — Residential 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream For residential subdivisions, the aggregate total Developments . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre loss of waters of the U.S. cannot exceed 1/2- stream bed, but adjacent to tidal waters limit. acre. DE can waive for intermittent and ephemeral streams NWP 30 — Moist Soil 404 none PCN not required no non-tidal waters of the U.S. none Authorizes only on-going activities. Does not Management for Wildlife authorize construction of new dikes, roads, water control structures, etc. Does not authorize conversion of wetlands to uplands. Does not authorize impoundments. Does not authorize activities that result in net loss of aquatic functions and services. NWP 31 — Maintenance of 10/404 maintenance baseline all activities yes all waters of the U.S. Add provision stating that a flood PCN must indicate location of sites for disposal Existing Flood Control approved by district control facility will not be of dredged or excavated material and baseline Facilities engineer considered abandoned if the information. Authorizes the removal of vegetation prospective permittee is in the from levees associated with a flood control process of obtaining other project, if Corps permits are required for those authorizations or approvals activities. required for maintenance activities and is experiencing delays in obtaining those authorizations or approvals. Add Note clarifying that the one-time compensatory mitigation requirement applies to the time since the maintenance baseline was established for this NWP, not eve five ears. NWP 32 — Completed 10/404 . 5 acres of non- PCN not required no all waters of the U.S. Modify paragraph (i)(a) to clarify Enforcement Actions tidal waters that activities authorized by this • 1 acre of tidal NWP cannot adversely affect waters more than 5 acres of non-tidal • also see text of waters or 1 acre of tidal waters. NWp Add provision stating that non- compliance with the terms and conditions of an NWP 32 authorization may result in an additional enforcement action, such as a Class I civil administrative enalt . January 5, 2017 Page 5 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 33 — Temporary 10/404 none all activities in navigable yes all waters of the U.S. Require PCNs only for activities in Associated primary activity must be authorized Construction, Access, and (i.e., section 10) waters navigable (i.e., section 10) waters. by Corps or U.S. Coast Guard, or be exempt Dewatering from permit requirements. PCN must include restoration plan. NWP 34 — Cranberry 404 10 acres, but activity all activities yes section 404 waters only none Does not authorize discharges in waters of the Production Activities cannot result in net U.S. for attendant features, such as warehouses, loss of wetland processing facilities, or parking areas. acrea e NWP 35 — Maintenance 10 dredging to previously PCN not required no navigable waters of the U.S. Require that dredged material be Dredging of Existing Basins authorized depths or deposited in area with no waters controlling depths, of the U.S., unless authorized by whichever are less the Cor s b a se arate ermit. NWP 36 — Boat Ramps 10/404 . 50 cubic yards, • >50 cubic yards yes, if PCN all waters of the U.S., except none Section 10 permit required if dredging navigable unless waived by . >20 feet wide required special aquatic sites water is necessary for access to boat ramp. No DE placement of material in special aquatic sites. • 20 foot width, unless waived by DE NWP 37 — Emergency 10/404 none all activities yes all waters of the U.S. none Prospective permittee should wait 45 calendar Watershed Protection and days before proceeding with the activity if the DE Rehabilitation has not yet issued a verification letter, but may proceed immediately if there is an unacceptable hazard to life or significant loss of property or economic hardshi will occur. NWP 38 — Cleanup of 10/404 none all activities yes all waters of the U.S. none Does not authorize the establishment of new Hazardous and Toxic Waste disposal sites or the expansion of existing dis osal sites. NWP 39 — Commercial and 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream Does not authorize construction of new golf Institutional Developments . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre courses or new ski areas. Authorizes the stream bed but adjacent to tidal waters limit. Add wastewater treatment construction of oil or gas wells. For wind energy DE can waive for facilities to the list of examples of generating structures, solar towers, or overhead intermittent and attendant features. transmission lines, district engineer coordinates ephemeral PCN and NWP verification with Department of streams Defense Siting Clearinghouse. NWP 40 — Agricultural 404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream NWP can be used for agricultural activities, Activities . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre regardless of whether applicant is USDA stream bed, but adjacent to tidal waters limit. participant. Does not authorize aquaculture DE can waive for ponds. intermittent and ephemeral streams NWP 41 — Reshaping 404 none PCN not required no non-tidal waters of the U.S., Remove PCN requirement. Reshaping drainage ditch cannot increase Existing Drainage Ditches except non-tidal wetlands capacity of ditch or drain additional waters of the adjacent to tidal waters U.S. Does not authorize relocation of drainage ditches constructed in waters of the U.S. January 5, 2017 Page 6 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 42 — Recreational 404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream Authorizes variety of recreational facilities, Facilities . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre except for hotels, restaurants, racetracks, stream bed but adjacent to tidal waters limit. stadiums, arenas, or similar facilities (these may DE can waive for be authorized by NWP 39). intermittent and ephemeral streams NWP 43 — Stormwater 404 . 1/2 acre all activities involving yes, if PCN non-tidal waters of the U.S., Maintenance of stormwater poes not authorize construction of new Management Facilities . 300 linear feet of expansion or required except non-tidal wetlands management facilities, low impact stormwater management facilities in perennial stream bed but construction of SWM adjacent to tidal waters development integrated streams. Maintenance does not require PCN if DE can waive for facilities management features, and limited to restoring original design capacities. intermittent and pollutant reduction green Also authorizes low impact development ephemeral infrastructure features that are not integrated management features and pollutant streams waters of the United States, and reduction green infrastructure features. maintenance does not require a section 404 permit. Clarify that any losses of stream bed are applied to the 1/2-acre limit. Authorizes the construction of pollutant reduction green infrastructure features designed to reduce inputs of sediments, nutrients, and other pollutants into waters to meet reduction targets established under Total Daily Maximum Loads set under the Clean Water Act. NWP 44 — Mining Activities 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., For mining activities in non-tidal PCN must include final reclamation plan if • 300 linear feet of except non-tidal wetlands open waters, the 1/2-acre limit reclamation is required by other statutes. stream bed but adjacent to tidal waters applies to the mining area. The DE can waive for loss of non-tidal wetlands plus the intermittent and mining area in non-tidal open ephemeral waters cannot exceed 1/2-acre. streams Clarify that any losses of stream bed are applied to the 1/2-acre limit. Final reclamation plan required for PCN, if reclamation is re uired. NWP 45 — Repair of Uplands 10/404 Restore uplands to all activities yes all waters of the U.S. Provide district engineer with PCN must be submitted to district engineer within Damaged by Discrete Events pre-event ordinary authority to waive 12-month limit one year of date of damage; work must start or high water mark for submitting PCN if permittee be under contract within two years of date of can demonstrate funding, damage. contract, or similar dela s. January 5, 2017 Page 7 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 46 — Discharges in 404 1 acre all activities yes certain types of non-tidal none NWP does not authorize discharges into ditches Ditches ditches constructed in constructed in streams or other waters of the uplands and determined to U.S., or in streams that have been relocated in be waters of the U.S. uplands. NWP 48 — Existing 10/404 none . the activity will yes, if PCN navigable waters of the U.S. Project areas also include lands Does not authorize nonindigenous species not Commercial Shellfish include a species required where other legally binding previously cultivated in the waterbody, aquatic Aquaculture Activities that has never agreements establish enforceable nuisance species, or attendant features such as been cultivated in property interests. Define "new docks or staging areas. Does not authorize the the waterbody; or commercial shellfish aquaculture deposition of shell material back into waters of • the activity occurs operation" as operating in an area the U.S. as waste. Project area is the area in in a project area where such activities have not which the operator is authorized to conduct that has not been occurred during the past 100 commercial shellfish aquaculture activities, as used for years. Operator can submit one identified through a lease or permit issued by an commercial PCN for a group of contiguous appropriate state or local government agency, a shellfish project areas or one PCN per treaty, or any easement, lease, deed, contract, or aquaculture project area. Remove the PCN other legally binding agreement that establishes activities during the threshold for dredge harvesting, an enforceable property interest for the operator. past 100 years tilling, or harrowing in areas inhabited by submerged aquatic vegetation. Does not authorize activities that directly affect more than 1/2-acre of submerged aquatic vegetation beds in an area that has not been used for commercial shellfish aquaculture during the past 100 years. PCN should describe all species and culture activities the operator expects to undertake in the project area or group of contiguous project areas during the effective period of this NWP. PCN must include all species that are planned to be cultivated during the period the NWP is in effect. PCN must specify whether suspended cultivation techniques will be used and indicate the general water depths in the pro'ect area. January 5, 2017 Page 8 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 49 — Coal Remining 10/404 Limited to sites that all activities yes non-tidal waters of the U.S. None Permittee must demonstrate net increase in Activities were previously aquatic resource functions through reclamation. mined for coal, but Activities must be authorized by the Department of new mining may be the Interior, Office of Surface Mining, or by states conducted in adjacent with approved programs under Title IV and V of areas if the newly the Surface Mining Control and Reclamation Act of mined area is less 1977 or are currently being processed as part of than 40 percent of the an integrated permit processing procedure. area being remined Prospective permittee must receive written plus any unmined authorization prior to commencing the activity. area needed for Corps will review the SMCRA determination reclamation. regarding the amount of previously unmined area necessary for the reclamation and make an independent determination of the amount needed. NWP 50 — Underground Coal 10/404 . 1/2 acre all activities yes non-tidal waters of the U.S., Clarify that any losses of stream Activities must be authorized by the Department of Mining Activities . 300 linear feet of except non-tidal wetlands bed are applied to the 1/2-acre the Interior, Office of Surface Mining, or by states stream bed but adjacent to tidal waters limit. with approved programs under Title V of the DE can waive for Surface Mining Control and Reclamation Act of intermittent and 1977 or are currently being processed as part of ephemeral an integrated permit processing procedure. If streams reclamation required, a copy of the plan must be submitted with PCN. Does not authorize coal preparation and processing activities outside of the mine site. Prospective permittee must receive written authorization prior to commencing the activit . NWP 51 — Land-Based 10/404 . 1/2 acre • discharges that yes non-tidal waters of the U.S., Change the PCN threshold to Authorizes construction, expansion or modification Renewable Energy . 300 linear feet of result in the loss of except non-tidal wetlands 1/10-acre. Clarify that any losses of land-based renewable energy production Generation Facilities stream bed but >1/10 acre adjacent to tidal waters of stream bed are applied to the facilities, including attendant features. If only DE can waive for 1/2-acre limit. Revise Note 2 to activity requiring DA authorization is utility line, intermittent and include NWP 14 activities. then NWP 12 shall be used. Utility lines ephemeral transferring energy to a distribution system, streams regional grid, or other facility are generally considered to be separate single and complete linear projects. For wind energy generating structures, solar towers, or overhead transmission lines, district engineer coordinates PCN and NWP verification with Department of Defense Sitin Clearin house. January 5, 2017 Page 9 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 52 — Water-Based 10/404 . 1/2 acre all activities yes all waters of the U.S. except Add floating solar panels in Authorizes construction, expansion, modification, Renewable Energy . 300 linear feet of in coral reefs navigable (i.e., section 10) waters or removal of water-based renewable energy Generation Pilot Projects stream bed but to the list of activities authorized generation pilot projects and their attendant DE can waive for by this NWP, with a 1/2-acre limit. features. Limited to "pilot projects." Placement of a intermittent and Add wave energy devices. Clarify transmission line on bed of a navigable water of ephemeral that any losses of stream bed are U.S. from generation unit to land-based collection streams applied to the 1/2-acre limit. Add facility is considered a structure under section 10 • No more than 10 note stating that hydrokinetic and is not considered a loss of waters of the U.S. generation units renewable energy generation Prohibits activities in coral reefs. Structures in • Floating solar projects authorized by the Federal anchorage areas must comply with U.S. Coast panels in section Energy Regulatory Commission Guard requirements. Does not authorize 10 waters limited under the Federal Power Act of structures in established danger zones, restricted to 1/2-acre in 1920 do not require separate areas, etc. Upon completion of pilot project, size authorization under Section 10 of associated structures and/or fills must be removed the Rivers and Harbors Act of unless authorized by separate DA permit. Utility 1899. lines transferring energy to a distribution system, regional grid, or other facility are generally considered to be separate and complete linear projects. An activity located on an existing, maintained Corps project requires separate approval under 33 USC 408. For wind energy generating structures, solar towers, or overhead transmission lines, district engineer coordinates PCN and NWP verification with Department of Defense Sitin Clearin house. NWP 53 — Removal of Low- 10/404 none all activities yes all waters of the U.S. new NWP Authorizes the removal of low-head dams for Head Dams stream restoration and public safety. "Low-head dam" defined as a dam built to pass upstream flows over the entire width of the dam crest on a continual and uncontrolled basis. As a general rule, compensatory mitigation is not required for these activities because they result in net increases in stream ecological functions and services. NWP does not authorize regulated activities for restoration of stream in vicinity of former impoundment (these activities may be authorized by NWP 27), or bank stabilization activities (these activities may be authorized by NWP 13 . January 5, 2017 Page 10 of 11 Pre-Construction Nationwide Permit Statutory Limits Notification (PCN) Delineation Applicable Waters Changes Other Information Authority Threshold Required? NWP 54 — Living Shorelines 10/404 . 30 feet all activities yes all waters of the U.S. new NWP Authorizes construction and maintenance of living channelward of shorelines for shore erosion control. Living mean low water shorelines consist of natural and man-made in tidal waters materials. May include stone or reef structures to or mean high protect the shoreline from low to moderate energy water line in waves. Living shorelines must have a substantial Great Lakes biological component, either tidal or lacustrine (unless waived fringe wetlands or oyster or mussel reef structures. by DE) Does not authorize beach nourishment or land • 500 feet along reclamation activities. Discharges of dredged or fill the bank material into waters of the United States, including (unless waived the construction of fill structures such as sills or by DE) breakwaters, must be the minimum necessary for the establishment and maintenance of the living shoreline. January 5, 2017 Page 11 of 11