Specifications X6/0 000°
RECEIVED
CleanWater Services C l o Za\o
Cher c:„,„, itmen,
I'['�l OP TIGARD
C
BUILDING DIVISION
September 08, 2010
ANDY MILLER CONTRACTING
11252 SW 105TH PL
TIGARD OR 97223
RE: CWS file 10- 001638 (Tax map 1S125DB Tax lot 10800); Retaining
Wall /Driveway
Clean Water Services has received your Sensitive Area Certification for the
above referenced site. District staff has reviewed the submitted materials
including site conditions and the description of your project. Staff concurs that
the above referenced project will not significantly impact the existing Vegetated
Corridor found near the site. In light of this result, this document will serve as
your Service Provider letter as required by Resolution and Order 07 -20, Section
3.02.1. Due to the potential impact within a jurisdictional resource, all
required permits and approvals must be obtained and completed under
applicable local, state, and federal law.
This letter does NOT eliminate the need to protect additional Sensitive Areas if
they are subsequently identified on your site.
If you have any questions, please feel free to call me at (503) 681 -3653.
Sincerely,
Amber Wierck
Environmental Plan Review
2550 SW Hillsboro Highway • Hillsboro, Oregon 97123
Phone: (503) 681 -3600 • Fax: (503) 681 -3603 • www.CleanWaterServices.org
DEPARTMENT OF THE ARMY
T/ PORTLAND DISTRICT, CORPS OF ENGINEERS RECEIVED
ED
P.O. BOX 2946
°\ llry
•/ PORTLAND, OREGON 97208 -2946
a —, September 9, 2010 S E P 10 2016
REPLY TO G (; �[�
ATTENTION OF: CITY 1 i O+ TIGA —
Operations Division BUILDING DIVISION
Regulatory Branch
Corps No.: NWP-2010-450
iV �
Ms. Lauren Jean O'Neal
9495 SW Shady Place
Tigard, Oregon 97223
Dear Ms. O'Neal:
The U.S. Army Corps of Engineers (Corps) received your request for Department of the
Army authorization to replace a bridge with a culvert, as shown on Enclosure 1. The project is
located at 9495 SW Shady Place, in Tigard, Washington County, Oregon 97223 (Section 25,
Township 1 South, Range 1 West WMM, Latitude 45.4514 North, Longitude - 122.7517 West).
Description of Project: The operator would remove the existing wooden bridge and replace
it with a 51" wide, 30" rise by 24' long culvert, compacted gravel fill bordered with a Compaq
block face, and a concrete driveway across the fill.
This letter verifies that your project is authorized under the terms and limitations of
Nationwide Permit (NWP) No. # 14 (Linear Transportation Project). Your activities must be
conducted in accordance with the conditions found in the Portland District NWP Regional
Conditions (Enclosure 2) and the NWP General Conditions (Enclosure 3). You must also
comply with the Oregon Department of Environmental Quality (DEQ) Water Quality
Certification Conditions (Enclosure 4) and the project specific condition below. Failure to
comply with any of the listed conditions could result in the Corps initiating an enforcement
action.
• Permittee shall notify the Regulatory Branch with the date the activities authorized in
waters of the U.S. are scheduled to begin. Notification shall be sent by email to
• cenwp.notify @usace.armv.mil or mailed to the following address:
U.S. Army Corps of Engineers
Portland District — CENWP -OD -GP
Permit Compliance, Washington County
P.O. Box 2946
Portland, Oregon 97,208 -2946
1 4
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SCALE:1 /81N. =1 FT. ANDY MILLER CONTRACTING
503- 784 -4442
9495 SW SHADY PLACE,- TIGARD, OR
BRIDGE REPLACEMENT
-2-
The subject line of the message shall contain the name of the county in which the project is
located followed by the Corps of Engineers permit number.
We direct your attention to NWP General Condition 25 (Enclosure 3) that requires the
transfer of this permit if the property is sold, and to NWP General Condition 26 that requires you
to submit a signed certificate when the work is completed. A "Compliance Certification" is
provided (Enclosure 5).
We have prepared a Preliminary Jurisdictional Determination (JD), which is a written
indication that wetlands and waterways within your project area may be Waters of the United
States (Enclosure 6). Such waters have been treated as jurisdictional Waters of the U.S. for
purposes of computation of impacts and compensatory mitigation requirements. If you concur
with the findings of the Preliminary JD, please sign it and return it to the letterhead address
within two weeks. If you believe the Preliminary JD is inaccurate, you may request an Approved
JD, which is an official determination regarding the presence or absence of Waters of the U.S. If
you would like an Approved JD, one must be requested prior to starting work within Waters of
the U.S. Once work within Waters of the U.S. has been started, the opportunity to request an
Approved JD will no longer be available.
This authorization does not obviate the need to obtain other permits where required.
Permits, such as those required from the Oregon Department of State Lands (ODSL) under
Oregon's Removal /Fill Law, must also be obtained before work begins. The DEQ water quality
certification conditions (Enclosure 4) require you to obtain DEQ approval of your stormwater
management plan prior to initiating construction, and DEQ has approved the post construction
stormwater management plan.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing
NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is
incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice
when the NWPs are reissued. Furthermore, if you commence or are under contract to commence
this activity before the date that the relevant nationwide permit is modified or revoked, you will
have twelve (12) months from the date of the modification or revocation of the NWP to complete
the activity under the present terms and conditions of this nationwide permit.
We would like to hear about your experience working with the Portland District, Regulatory
Branch. Please complete a customer service survey form at the following address:
http://per2.nwp.usace.army.mil/survey.html.
-3-
_ _ If you have any questions regarding this NWP verification, please contact Project Manager
Mr. Brian VillaIon at the letterhead address, by telephone at (503) 808 -4368, or e-mail:
brian.a.villalon@usace.army.mil.
Sincerely,
Fug ,Kevin P. Moynahan
Chief, Regulatory Branch
Enclosures
Copy Furnished:
Oregon Department of State Lands (Landrum)
Oregon Department of Environmental Quality (Saxon)
Andy J. Miller Contracting
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o ANDY MILLER CONTRACTING
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9495 SW SHADY PLACE, - TIGARD, OR
-- BRIDGE REPLACEMENT
StormTech SC.740 Chamber t
Designed to meet the most stringent industry performance ,..04},
standards for superior structural integrity while providing designers Storm Tech.
with a cost - effective method to save valuable land and protect Detention • Retention •Recharge
water resources. The StormTech system is designed primarily to Subsurface Stormwater Management"
be used under parking Tots thus maximizing land usage for
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(203 mm) SC -740 End Cap
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74.9 ft (2.12 m3) 85.4• (2170 mm) INSTALLED ■ I
Weight � ��,!1!� �: �� I L : ! 1 I LI ' I
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30 chambers/pallet ` I
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60 end caps /pallet I II l
12 pallets / truck _ _.._ F.-51.0• (1295 mm) • '
Typical Cross THE INSTALLED CHAMBER SYSTEM SHALL PROVIDE CHAMBERS SHALL MEET ASTM F 2410.05 'STANDARD
THE LOAD FACTORS SPECIFIED 24 THE AASHTO LRFD SPECIFICATION FOR POLYPROPYLENE (PP) CORRUGATED
Section Detail BRIDGE DESIGN SPECIFICATIONS SECTION 12.12 FOR WALL STORMWATER COLLECTION CHAMBERS'
EARTH AND LIVE LOADS. WITH CONSIDERATION FOR _
(not to Scale.) IMPACT AND MULTIPLE VEHICLE PRESENCES. ORAURE3 WELL G A DED SOIUA0 REGATE mm)
3I4 -2' (19.60 mm) CLEAN. CRUSHED. ANGULAR STON LIFTS TO 986 STANDARD PROCTOR DENSdT1'. SEE
SC-740 CHAMBER THE TABLE OF ACCEPTABLE FILL MATERIALS.
ADS 601 GEOTEXTILE OR EQUAL PAVEMENT SC-74C END 7
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DESIGN ENGINEER 19 RESPONSIBLE FOR I S1• (1295 mm) MIN. ( 1
, �• ENSURING THE REOUIREO BEARING CAPACITY 6 U SD mm) MIN ...1 1 , 12• MIN. 005 mm) TYP
?. OF SUBGRADE SOILS*
THIS CROSS SECTION DETAILS THE REQUIREMENTS NECESSARY TO SATISFY THE LOAD FACTORS SPECIFIED IN THE AASHTO LRFD °RIDGE
TB ' T E DESIGN SPECIFICATIONS SECTION 12.12 FOR EARTH AND LIVE LOADS USING STORMTECH CHAMBERS
NWP- 2010 -450 Page 2 Enclosure (1)
•
1 3. Cultural Resources and Human Burials -
IIONI Nationwide (N WP ) Inadvertent Discovery Plan: Permittees shall
• . • Regional Permit immediately cease all ground disturbing
US Army Corps Conditions activities and notify the Portland District
of Engineers Portland District Regulatory Branch if at any time during the
Portland District course of the work authorized, human burials,
cultural items, or historic properties, as
identified by the National Historic Preservation
The following Nationwide Permit (NWP) regional Act and Native American Graves and
conditions are for the Portland District Regulatory Repatriation Act, are discovered and/or may be
Branch boundary. Regional conditions are placed on affected. The Permittee shall follow the
NWPs to ensure projects result in less than minimal procedures outlined below:
adverse impacts to the . aquatic environment and to • Immediately cease all ground disturbing
address Local resource concerns.
activities.
ALL NWPs — • Notify the Portland District Regulatory
1. High Value Aquatic Resources: Except. for Branch. Notification shall be made by fax
NWPs 3, 20, 27, 32, 38, 47 and 48, any (503- 808 -4375) as soon as possible
activity that would result in a loss of waters following discovery but in no case later
of the United States (U.S.) in a high value than 24 hours. The fax shall clearly specify
aquatic resource is not authorized by NWP. the purpose is to report a cultural resource
High value aquatic resources in Oregon discovery.
include bogs, fens, wetlands in dunal systems • Follow up the fax notification by contacting
along the Oregon coast, eel grass beds, vernal the Corps representative (by email and
pools, aspen - dominated wetlands, alkali telephone) identified in the permit letter.
wetlands, and Willamette Valley wet prairie • Project Located in Oregon: Notify the
wetlands. Oregon State Historic Preservation Office
(503- 986 -0674).
0 Willamette Valley wet prairie wetlands are • Project Located in Washington: Notify the
characterized by high species diversity with a Washington Department of Archaeology
dominance of cespitose graminoids such as and Historic Preservation (360 586- 3077).
tufted hairgrass (Deschampsia caespitosa).
Plant species associated with Willamette Valley Failure to stop work immediately and until
wet prairie wetlands may also include ESA-
such time as the Corps has coordinated
listed plants such as Bradshaw's lomatium
(Lomatium bradshawii), Willamette daisy with all appropriate agencies and complied
(Erigeron decumbens var. decumbens), with the provisions of 33 CFRR 325,
Nelson's checkermallow (Sidalcea nelsoniana) Appendix C, the National Historic
and rough popcorn flower (Plagiobothrys Preservation Act, Native American Graves
hirtus). Soil series associated with Willamette and Repatriation Act and other pertinent
Valley wet prairie wetlands may include, but are regulations, could result in violation of
not limited to, the Dayton, Amity, Bashaw, state and federal laws. Violators are
Natroy, and Waldo series. subject to civil and criminal penalties.
2. In -water Work Window: All in -water work
shall be conducted during the listed in -water
work window, as applicable (Refer to Oregon
Department of Fish and Wildlife (ODFW)
"Oregon Guidelines for Timing of In -Water
Work to Protect Fish and Wildlife
Resources"
http: / /www.dfw.state.or.us /lands /inwater /inw
ater guide.pdf).
NWP- 2010 -450 Page 1 of 3 Enclosure (2)
4. Erosion Control: During construction, 8. Fish Screening: The permittee shall ensure
permittee shall ensure that all practicable that all intake pipes utilize fish screening that
erosion and sediment control measures are complies with standards developed by NMFS
installed and maintained in good working order (Juvenile Fish Screen Criteria (revised February
to prevent unauthorized discharge of materials 16, 1995) and Addendum: Juvenile Fish Screen
carried by precipitation, snow melt, wind or any Criteria for Pump Intakes (May 9, 1996)).
other conveyance mechanism into any
- _ waterways and wetlands. The permittee is 9. Upland Disposal: Material disposed of in
referred to Oregon Department of uplands shall be placed in a location and
Environmental Quality's (DEQ) Oregon manner that prevents discharge of the material
. Sediment and Erosion Control Manual, April and/or return water into waterways or wetlands
2005, for proper implementation of practicable unless otherwise authorized by the Corps of
sediment and erosion control measures. Engineers (such as by NWP 16).
5. Heavy Equipment: Perrnittee shall ensure that 10. Inspection of the Project Site: The permittee
all heavy equipment is operated from the bank shall allow representatives of the Corps to
and not placed in the stream unless specifically inspect the authorized activity to confirm
authorized by the District Engineer. Heavy compliance with nationwide permit terms and
equipment working in waters of the U.S. shall conditions. A request for access to the site will
be placed on removable mats or pads. normally be made sufficiently in advance to
Following the removal of the mats or pads, the allow a property owner or representative to be
area shall be restored to pre - project conditions. on site with the agency representative making
the inspection.
6. Deleterious Waste: All discharge water
created during construction (e.g. concrete 11. Sale of Property/Transfer of Permit: The
washout, pumping for work area isolation, permittee shall obtain the signature(s) of the
vehicle wash water, drilling fluids, etc.) shall be new owner(s) and transfer this permit in the
treated to remove debris, sediment, petroleum event the permittee sells the property associated
products, metals, and other pollutants likely to with this permit. To validate the transfer of this
be present. permit authorization, a copy of this permit with
the new owner(s) signature shall be sent to the
7. Fish Passage: The permittee shall ensure Portland District office at the following
activities authorized by nationwide permit will address:. U.S. Army Corps of Engineers,
not restrict passage of aquatic life. Activities CENWP -OD -G, P.O. Box 2946, Portland,
such as the installation of culverts, intake Oregon, 97208 -2946.
structures, diversion structures, or other
modifications to channel morphology, must be NWP 3 — Maintenance
designed to be consistent with fish passage 1. Pennittee shall ensure project design
standards developed by the Oregon Department includes appropriate grade control
of Fish and Wildlife (ODFW) and the National necessary to prevent headcutting of
Marine Fisheries Service (NMFS). The streambanks and erosion.
standards can be found at OAR 635 -412 -0035.
The streambed shall be returned to pre - NWP 5 — Scientific Measurement Devices
construction contours after construction unless 1. The permittee shall remove all scientific
the purpose of the activity is to eliminate a fish measurement devices within 30 days after
barrier. research is completed.
NWP 6 — Survey Activities
1. Use of in -water explosives is not authorized
under this NWP.
2. The pennittee shall ensure that all in- stream
exploratory trenching is conducted in the
drY•
NWP- 2010 -450 Page 2 of 3 Enclosure (2)
3. Sand and gravel bag dams shall be lined
NWP 12 — Utility Line Activities with a plastic liner or geotextile fabric to
1. The permittee shall ensure that utility lines reduce permeability and prevent sediments
buried within or adjacent to wetland areas and/or construction materials from entering
utilize trench - blockers of a type and design the waterway.
sufficient to prevent the drainage of the 4. Downstream flows shall be maintained by
wetland areas (e.g. bentonite clay plugs, routing flows around the construction site
compacted sand bags, etc.). with a pump, bypass pipe, or diversion
2. The upper 12 inches of topsoil must be channel.
removed and stockpiled separately from 5. A sediment basin shall be used to settle
subsurface soils and shall be used as the sediments in return water prior to release
final layer in backfilling the trench. back into the waterway. Settled water shall
be returned to the waterway in such a
NWP 13 — Bank Stabilization manner as to avoid erosion of the
1. The project design shall include the use of streambank.
bioengineering techniques and natural
products (e.g. vegetation and organic NWP 39 — Commercial and Institutional
material such as root wads) to the Developments
maximum extent practicable and minimize 1. Fill into tributaries regulated as waters of
the use of rock. Non - biodegradable the U.S. shall be limited to creation of
materials, such as plastic netting, that may access roads.
entrap wildlife or pose a safety concern 2. This NWP does not authorize discharges
may not be used for soil stabilization. into open water.
Riparian plantings shall be included in all
project designs unless the permittee can NWP 40 — Agricultural Activities
demonstrate that such plantings are not 1. Acreage impacts authorized by this NWP
practicable. Rip -rap shall be clean, durable, are cumulative for contiguous farm tracts
angular rock. under the same ownership. When impacts
2. Work shall be performed in the dry or to contiguous farm tracts under the same
during low flows. ownership reach '/2 acre, no further
discharges to waters of the United States
may be authorized under NWP 40.
NWP 29 — Residential Developments
1. Wetland impacts associated with the NWP 41 — Reshaping Existing Drainage Ditches
construction or expansion of a single 1. Work shall be performed in the dry or
residence including attendant features during low flows.
(utility lines, roads, yards, etc) shall not
exceed Y. acre. NWP 42- Recreational Facilities
2. Fill into tributaries regulated as waters of 1. Fill into tributaries regulated as waters of
the U.S. shall be limited to the creation of the U.S. shall be limited to creation of
access roads. access roads.
2. This NWP does not authorize discharges
NWP 33 — Temporary Construction, Access, and into open water.
Dewatering
1. Work shall be performed in the dry or NWP 43- Stormwater Management Facilities
during low flows. 1. Work shall be performed in the dry or
2. Cofferdams shall be constructed of non- during low flows.
erosive material, such as concrete jersey 2. This NWP does not authorize the retention
barriers, sand and gravel bag dams, or of water, in excess of that required to meet
water bladders. Constructing a cofferdam stormwater management requirements, for
by pushing material from the streambed or purposes such as recreational lakes,
sloughing material from the streambanks is reflecting pools, irrigation, etc.
not authorized under NWP 33.
NWP- 2010 -450 Page 3 of 3 Enclosure (2)
3. Spawning Areas. Activities in spawning areas during
spawning seasons must be avoided to the maximum
Nationwide extent practicable. Activities that result in the physical
t
.4. i �� destruction (e.g., through excavation, fill, or downstream
Permit Conditions smothering by substantial turbidity) of an important
spawning area are not authorized.
US Army Corps 33 CFR Part 330;
of Engineers Issuance of Nationwide 4. Migratory Bird Breeding Areas: Activities in waters
Portland District Permits — March 12, 2007 of the United States that serve as breeding areas for
migratory birds must be avoided to the maximum extent
practicable.
C. General Conditions 5. Shellfish Beds. No activity may occur in areas of
Note: To qualify for NWP authorization, the prospective concentrated shellfish populations, unless the activity is
p ' D ' ttee directly related to a shellfish harvesting activity
must comply with the following general conditions, as appropriate, in
addition to any regional or case - specific conditions imposed by the authorized by NWP's 4 and 48.
division engineer or district engineer. Prospective permittees should
contact the appropriate Corps district office to determine if regional 6. Suitable Material No activity may use unsuitable
conditions have been imposed on an NWP. Prospective permittees
should also contact the appropriate Corps district office to determine material (e.g., trash, debris, car bodies, asphalt, etc.).
the status of the Clean Water Act Section 401 water quality Material used for construction or discharged must be free
certification and/or Coastal Zone Management Act consistency for any from toxic pollutants in toxic amounts (see Section 307
NWP. of the Clean Water Act).
1. Navigation. 7. Water Supply Intakes. No activity may occur in the
proximity of a public water supply intake, except where
(a) No activity may cause more than a minimal adverse the activity is for the repair or improvement of public
effect on navigation. water supply intake structures or adjacent bank
stabilization.
(b) Any safety lights and signals prescribed by the U.S.
Coast Guard, through regulations or otherwise, must be 8. Adverse Effects From Impoundments. If the activity
installed and maintained at the permittees' expense on creates an impoundment of water, adverse effects to the
authorized facilities in navigable waters of the United aquatic system due to accelerating the passage of water,
States. and/or restricting it flows must be minimized to the
maximum extent practicable.
(c) The permittee understands and agrees that, if future
operations by the United States require the removal, 9. Management of Water Flows. To the maximum
relocation, or other alteration, of the structure of work extent practicable, the pre - construction course, condition,
herein authorized, or if, in the opinion of the Secretary of capacity, and location of open waters must be maintained
the Army or his authorized representative, said structure for each activity, including stream channelization and
or work shall cause unreasonable obstruction to the free stormwater management activities, except as provided
navigation of the navigable waters, the permittee will be below. The activity must be constructed to withstand
required, upon due notice from the Corps of Engineers, expected high flows. The activity must not restrict or
to remove, relocate, or alter the structural work or impede the passage of normal or high flows, unless the
obstructions caused thereby, without expense to the primary purpose of the activity is to impound water or
United States. No claim shall be made against the manage high flows. The activity may alter the pre -
United States on account of any such removal or construction course, condition, capacity, and location of
alteration. open waters, if it benefits the aquatic environment (e.g.,
• stream restoration or relocation activities.)
2. Aquatic Life Movements. No activity may
substantially disrupt the necessary Life cycle of 10. Fills Within 100 -Year Floodplains. The activity
movements of those species of aquatic life indigenous to must comply with applicable FEMA- approved state or
the waterbody, including those species that normally local floodplain management requirements.
migrate through the area, unless the activity's primary
purpose is to impound water. Culverts placed in streams 11. Equipment. Heavy equipment working in wetlands
must be installed to maintain low flow conditions. or mudflats must be placed on mats, or other measures
must be taken to minimize soil disturbance.
Corps No. NWP- 2010 -450 Page 1 of 10 Enclosure (3)
•
12. Soil Erosion and Sediment Controls. Appropriate (c) Non - federal permittees shall notify the district
soil erosion and sediment controls must be used and engineer if any listed species or designated critical
maintained in effective operating condition during habitat might be affected or is in the vicinity of the
construction, and all exposed soil and other fills, as well project, or if the project is located in designated critical
as any work below the ordinary high water mark or high habitat, and shall not begin work on the activity until
tide line, must be permanently stabilized at the earliest notified by the district engineer that the requirements of
practicable date. Permittees are encouraged to perform the ESA have been satisfied and that the activity is
work within waters of the United States during periods of authorized. For activities that might affect Federally-
, _
low-flow or no -flow. listed endangered or threatened species or designated
critical habitat, the pre - construction notification must
13. Removal of Temporary Fills. Temporary fills must include the name(s) of the endangered or threatened
be removed in their entirety and the affected areas species that may be affected by the proposed work or
retumed to pre - construction elevations. The affected that utilize the designated critical habitat that may be
areas must be revegetated, as appropriate. affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or
14. Proper Maintenance. Any authorized structure or will have "no effect" to listed species and designated
fill shall be properly maintained, including maintenance critical habitat and will notify the non - Federal applicant
to ensure public safety. of the Corps' determination within 45 days of receipt of
a complete pre - construction notification. In cases where
15. Wild and Scenic Rivers. No activity may occur in a the non - Federal applicant has identified listed species or
component of the National Wild and Scenic River critical habitat that might be affected or is in the vicinity
System, or in a river officially designated by Congress as of the project, and has so notified the Corps, the
a "study river" for possible inclusion in the system while applicant shall not begin work until the Corps has
the river is an official study status, unless the appropriate provided notification the proposed activities will have
Federal agency with direct management responsibility "no effect" on listed species or critical habitat, or until
for such river, has determined in writing that the Section 7 consultation has been completed.
proposed activity will not adversely affect the Wild and
Scenic River designation or study status. Information on (d) As a result of formal or informal consultation with
Wild and Scenic Rivers may be obtained from the the FWS or NMFS the district engineer may add species -
appropriate Federal land management agency in the area specific regional endangered species conditions to the
(e.g. National Park Service, U.S. Forest Service, Bureau NWPs.
of Land Management, U.S. Fish and Wildlife Service.)
(e) Authorization of an activity by a NWP does not
16. Tribal Rights. No activity or its operation may authorize the "take" of a threatened or endangered
impair reserved tribal rights, including, but not limited species as defined under the ESA. In the absence of
to, reserved water rights and treaty fishing and hunting separate authorization (e.g., an ESA Section 10 Permit, a
rights. Biological Opinion with "incidental take" provisions,
etc.) from the FWS or the NMFS, both lethal and non-
17. Endangered Species. lethal "takes" of protected species are in violation of the
ESA. Information on the location of threatened and
(a) No activity is authorized under any NWP which is endangered species and their critical habitat can be
likely to jeopardize the continued existence of a obtained directly from the offices of the FWS and NMFS
threatened or endangered species or a species proposed or their World Wide Web pages at httn: / /www /fws.Qov/
for such designation, as identified under the Federal and http : / /www.noaa.Rov /fisheries.html respectively.
= Endangered Species Act (ESA), or which will destroy or
adversely modify the critical habitat of such species. No 18. Historic Properties.
activity is authorized under any NWP which "may
affect" a listed species or critical habitat, unless Section (a) In cases where the district engineer determines that
7 consultation addressing the effects of the proposed the activity may affect properties listed, or eligible for
activity has been completed. listing, in the National Register of Historic Places, the
activity is not authorized, until the requirements of
(b) Federal agencies should follow their own procedures Section 106 of the National Historic Preservation Act
for complying with the requirements of the ESA. (NHPA) have been satisfied.
Federal permittees must provide the district engineer
with the appropriate documentation to demonstrate
compliance with those requirements.
Corps No. NWP- 2010 -450 Page 2 of 10 Enclosure (3)
(b) Federal permittees should follow their own would relate, or having legal power to prevent it, allowed
procedures for complying with the requirements of such significant adverse effect to occur, unless the Corps,
Section 106 of the National Historic Preservation Act. after consultation with the Advisory Council on Historic
Federal permittees must provide the district engineer Preservation (ACHP), determines that circumstances
with the appropriate documentation to demonstrate justify granting such assistance despite the adverse effect
compliance with those requirements. created or permitted by the applicant. If circumstances
justify granting the assistance, the Corps is required to
(c) Non - federal permittees must submit a pre- notify ACHP and provide documentation specifying the
construction notification to the district engineer if the circumstances, explaining the degree of damage to the
authorized activity may have the potential to cause integrity of any historic properties affected, and proposed
effects to any historic properties listed, determined to be mitigation. This documentation must include any views
eligible for listing on, or potentially eligible for listing on obtained from the applicant, SHPO/THPO, appropriate
the National Register of Historic Places, including Indian tribes if the undertaking occurs on or affects
previously unidentified properties. For such activities, historic properties on tribal lands or affects properties of
the pre- construction notification must state which interest to those tribes, and other parties known to have a
historic properties may be affected by the proposed work legitimate interest in the impacts to the permitted activity
or include a vicinity map indicating the location of the on historic properties.
historic properties or the potential for the presence of
historic properties. Assistance regarding information on 19. Designated Critical Resource Waters. Critical
the location of or potential for the presence of historic resource waters include, NOAA - designated marine
resources can be sought from the State Historic sanctuaries, National Estuarine Research Reserves, state
Preservation Office or Tribal Historic Preservation natural heritage sites, and outstanding national resource
Officer, as appropriate, and the National Register of waters or other waters officially designated by a state as
Historic Places (see 33 CFR.4 (g)). The district engineer having particular environmental or ecological
shall make a reasonable and good faith effort to carry out significance and identified by the district engineer after
appropriate identification efforts, which may include notice and opportunity for public comment. The district
background research, consultation, oral history engineer may also designate additional critical resource
interviews, sample field investigation, and field survey. waters after notice and opportunity for comment.
Based on the information submitted and these efforts, the
district engineer shall determine whether the proposed (a) Discharges of dredged or fill material into waters of
activity has the potential to cause an effect on the historic the United States are not authorized by NWPs 7, 12, 14,
properties. Where the non - Federal applicant has 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for
identified historic properties which the activity may have any activity within, or directly affecting critical resource
the potential to cause effects and so notified the Corps, waters, including wetlands adjacent to waters.
the non - Federal applicant shall not begin the activity
until notified by the district engineer either that the (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28,
activity has no potential to cause effects or that 30, 33, 34, 36, 37, and 38, notification is required in
consultation under Section 106 of the NPHA has been accordance with General Condition 27, for any activity
completed. proposed in the designated critical resource waters
including wetlands adjacent to those waters. The district
(d) The district engineer will notify the prospective engineer may authorize activities under these NWPs only
permittee within 45 days of receipt of a complete pre - after it is determined that the impacts to the critical
construction notification whether NHPA Section 106 resource waters will be no more than minimal.
consultation is required. Section 106 consultation is not
required when the Corps determines that the activity 20. Mitigation. The district engineer will consider the
does not have the potential to cause effects on historic following factors when determining appropriate and
properties (see 36 CFR 800.3 (a)). If NHPA Section 106 practicable mitigation necessary to ensure that adverse
consultation is required and will occur, the district effects on the aquatic environment are minimal:
engineer will notify the non - Federal applicant that he or
she cannot begin work until Section 106 consultation is (a) The activity must be designed and constructed to
completed. avoid and minimize adverse effects, both temporary and
permanent, to waters of the United States to the
(e) Prospective permittees should be aware that Section maximum extent practicable at the project site (i.e., on
110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the site).
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
Corps No. NWP- 2010 -450 Page 3 of 10 Enclosure (3)
(b) Mitigation in all its forms (avoiding, minimizing, appropriate form of compensatory mitigation, the district
rectifying, reducing, or compensating) will be required to engineer may waive or reduce the requirement to provide
the extent necessary to ensure that the adverse effects to wetland compensatory mitigation for wetland losses.
the aquatic environment are minimal.
(g) Permittees may propose the use of mitigation banks,
(c) Compensatory mitigation at a minimum one - for -one in -lieu fee arrangements or separate activity- specific
ratio will be required for all wetland losses that exceed compensatory mitigation. In all cases, the rnitigation
1/10 -acre and require pre - construction notification, provisions will specify the party responsible for
unless the district engineer determines in writing that accomplishing and/or complying with the mitigation
some other form of mitigation would be environmentally plan.
appropriate and provides a project - specific waiver of this
- requirement. For wetland losses of 1/10 -acre or less that (h) Where certain functions and services of waters of the
require pre - construction notification, the district engineer United States are permanently adversely affected, such
may determine on a case -by -case basis that as the conversion of a forested or scrub -shrub wetland to
compensatory mitigation is required to ensure that the a herbaceous wetland in a permanently maintained utility
activity results in minimal adverse effects on the aquatic line right -of -way, mitigation may be required to reduce
environment. Since the likelihood of success is greater the adverse effects of the project to the minimal level.
and the impacts to potentially valuable uplands are
reduced, wetland restoration should be the first 21. Water Quality. Where States and authorized Tribes,
compensatory mitigation option considered. or EPA where applicable, have not previously certified
compliance of an NWP with CWA Section 401,
(d) For losses of streams or other open waters that individual 401 Water Quality Certification must be
require pre - construction notification, the district engineer obtained or waived (see CFR 330.4 (c)). The district
may require compensatory mitigation, such as stream engineer or State or Tribe may require additional water
restoration, to ensure that the activity results in minimal quality management measures to ensure that the
adverse effects on the aquatic environment. authorized activity does not result in more than minimal
degradation of water quality.
(e) Compensatory mitigation will not be used to increase
the acreage losses allowed by the acreage limits of the 22. Coastal Zone Management. In coastal states where
NWPs. For example, if an NWP has an acreage limit of an NWP has not previously received a state coastal zone
1/2 -acre, it cannot be used to authorize any project management consistency concurrence, an individual state
resulting in the loss of greater than 1/2 -acre of waters of coastal zone management consistency concurrence must
the United States, even if compensatory mitigation is be obtained, or a presumption of concurrence must occur
provided that replaces or restores some of the lost waters. (see 33 CFR 330.4 (d)). The district engineer or a State
However, compensatory mitigation can and should be may require additional measures to ensure that the
used, as necessary, to ensure that a project already authorized activity is consistent with state coastal zone
meeting the established acreage limits also satisfies the management requirements.
minimal impact requirement associated with the NWPs.
23. Regional and Case -By -Case Conditions. The
(f) Compensatory mitigation plans for projects in or near activity must comply with any regional conditions that
streams or other open waters will normally include a may have been added by the Division Engineer (see CFR
requirement for the establishment, maintenance, and 330.4(e)) and with any case - specific conditions added by
legal protection (e.g., conservation easements) of riparian the Corps or by the state, Indian Tribe, or EPA in its
areas next to open waters. In some cases, riparian areas Section 401 Water Quality Certification, or by the state
may be the only compensatory mitigation required. in its Coastal Zone Management Act consistency
Riparian areas should consist of native species. The determination.
width of the required riparian area will address
• documented water quality or aquatic habitat loss 24. Use of Multiple Nationwide Permits. The use of
concerns. Normally, the riparian area will be 25 to 50 more than one NWP for a single and complete project is
feet wide on each side of the stream, but the district prohibited, except when the acreage loss of waters of the
engineer may require slightly wider riparian areas to United States authorized by the NWPs does not exceed
address documented water quality or habitat loss the acreage limit of the NWP with the highest specified
concerns. Where both wetlands and open waters exist on acreage limit. For example, if a road crossing over tidal
the project site, the district engineer will determine the waters is constructed under NWP 14, with associated
appropriate compensatory mitigation (e.g., riparian areas bank stabilization authorized by NWP 13, the maximum
and/or wetlands compensation) based on what is best for acreage loss of waters of the United States for the total
the aquatic environment on a watershed basis. In cases project cannot exceed 1/3 -acre.
where riparian areas are determined to be the most
Corps No. NWP- 2010 -450 Page 4 of 10 Enclosure (3)
25. Transfer of Nationwide Permit Verifications. If the (1) Until notified in writing by the district
permittee sells the property associated with a nationwide engineer that the activity may proceed under the NWP
permit verification, the permittee may transfer the with any special conditions imposed by the district or
nationwide permit verification to the new owner by division engineer; or
submitting a letter to the appropriate Corps district office
• to validate the transfer. A copy of the nationwide permit (2) If 45 calendar days have passed from the
verification must be attached to the letter, and the letter district's receipt of the complete PCN and the
must contain the following statement and signature: prospective permittee has not received written notice
from the district or division engineer. However, if the
"When the structures or work authorized by this permittee was required to notify the Corps pursuant to
nationwide permit are still in existence at the time the General Condition 17 that listed species or critical
property is transferred, the terms and conditions of habitat might be affected or in the vicinity of the project,
this nationwide permit, including any special or to notify the Corps pursuant to General Condition 18
conditions, will continue to be binding on the new that the activity may have the potential to cause effects to
owner(s) of the property. To validate the transfer of historic properties, the permittee cannot begin the
this nationwide permit and the associated liabilities activity until receiving written notification from the
associated with compliance with its terms and Corps that is "no effect" on listed species or "no
conditions, have the transferee sign and date below." potential to cause effects" on historic properties, or that
any consultation required under Section 7 of the
(Transferee) Endangered Species Act (see CFR 330.4(f)) and/or
Section 106 of the National Historic Preservation (see
(Date) CFR 330.4(g)) is completed. Also, work cannot begin
under NWPs 21, 49, or 50 until the permittee has
26. Compliance Certification. Each permittee who received written approval from the Corps. If the
received an NWP verification from the Corps must proposed activity requires a written waiver to exceed
submit a signed certification regarding the completed specified limits of an NWP, the permittee cannot begin
work and any required mitigation. The certification form the activity until the district engineer issues the waiver.
must be forwarded by the Corps with the NWP If the district or division engineer notifies the permittee
verification letter and will include: in writing that an individual permit is required within 45
calendar days of receipt of a complete PCN, the
(a) A statement that the authorized work was done in permittee cannot begin the activity until an individual
accordance with the NWP authorization, including any permit has been obtained. Subsequently, the permittee's
general or specific conditions; right to proceed under the NWP may be modified,
suspended, or revoked only in accordance with the
(b) A statement that any required mitigation was procedure set forth in 33 CFR 330.5(d))(2).
completed in accordance with the permit conditions; and
(b) Contents of Pre- Construction Notification: The
(c) The signature of the permittee certifying the PCN must be in writing and include the following
completion of the work and mitigation. information:
27. Pre- Construction Notification. (1) Name, address and telephone numbers of
the prospective permittee;
(a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district (2) Location of the proposed project;
engineer by submitting a pre - construction notification
(PCN) as early as possible. The district engineer must (3) A description of the proposed project; the
determine if the PCN is complete within 30 calendar project's purpose; direct and indirect adverse
days of the receipt and, as a general rule, will request environmental effects the project would cause; any other
additional information necessary to make the PCN NWP(s), regional general permit(s), or individual
complete only once. However, if the prospective permit(s) used or intended to be used to authorize any
• permittee does not provide all of the requested part of the proposed project or any related activity. The
information, then the district engineer will notify the description should be sufficiently detailed to allow the
prospective permittee that the PCN is still incomplete district engineer to determine that the adverse effects of
and the PCN review process will not commence until all the project will be minimal and to determine the need for
of the requested information has been received by the compensatory mitigation. Sketches should be provided
district engineer. The prospective permittee shall not when necessary to show that the activity complies with
begin the activity: the terms of the NWP. (Sketches usually clarify the
project and when provided result in a quicker decision);
Corps No. NWP- 2010 -450 Page 5 of 10 Enclosure (3)
(4) The PCN must include a delineation of (2) For all NWP 48 activities requiring pre-
_ _ special aquatic sites and other waters of the United States construction notification and for other NWP activities
on the project site. Wetland delineations must be requiring pre - construction notification and for other
prepared in accordance with the current method required NWP activities requiring pre - construction notification to
by the Corps. The permittee may ask the Corps to the district engineer that result in the loss of greater than
delineate the special aquatic sites and other waters of the 1/2 -acre of waters of the United States, the district
United States, but there may be a delay if the Corps does engineer will immediately provide (e.g., via facsimile
the delineation, especially if the project site is large or transmission, overnight mail, or other expeditious
contains many waters of the United States. Furthermore, manner) a copy of the PCN to the appropriate Federal or
the 45 -day period will not start until the delineation has state offices (FWS, state natural resource or water quality
been submitted to or completed by the Corps, where agency, EPA, State Historic Preservation Officer
appropriate; (SHPO) or Tribal Historic Preservation Office (THPO),
and, if appropriate, the NMFS). With the exception of
(5) If the proposed activity will result in the NWP 37, these agencies will then have 10 calendar days
loss of greater than 1 /10 -acre of wetlands and a PCN is from the date the material is transmitted to telephone or
required, the prospective permittee must submit a fax the district engineer that they intend to provide
statement describing how the mitigation requirement will substantive, site - specific comments. If so contacted by
be satisfied. As an alternative, the prospective permittee an agency, the district engineer will wait an additional 15
may submit a conceptual or detailed mitigation plan. calendar days before making a decision on the pre -
construction notification. The district engineer will fully
(6) If any listed species or designated critical consider agency comments received within the specified
habitat might be affected or is in the vicinity of the time frame, but will provide no response to the resource
project, or if the project is located in designated critical agency, except as provided below. The district engineer
habitat, for non - Federal applicants the PCN must include will indicate in the administrative record associated with
the name(s) of those endangered or threatened species each pre - construction notification that the resource
that might be affected by the proposed work or utilize the agencies' concerns were considered. For NWP 37, the
designated critical habitat that may be affected by the emergency watershed protection and rehabilitation
proposed work. Federal applicants must provide activity may proceed immediately in cases where there is
documentation demonstrating compliance with the an unacceptable hazard to life or significant loss of
Endangered Species Act; and property or economic hardship will occur. The district
engineer will consider any comments received to decide
(7) For an activity that may affect a historic whether the NWP 37 authorization should be modified,
property listed on, determined to be eligible for listing suspended, or revoked in accordance with the procedures
on, or potentially eligible for listing on, the National at 33 CFR 330.5.
Register of Historic Places, for non - Federal applicants
the PCN must state which historic property may be (3) In cases of where the prospective permittee
affected by the proposed work or include a vicinity map is not a Federal agency, the district engineer will provide
indicating the location of the historic property. Federal a response to NMFS within 30 calendar days of receipt
applicants must provide documentation demonstrating of any Essential Fish Habitat conservation
compliance with Section 106 of the National Historic recommendations, as required by Section 305(b)(4)(B) of
Preservation Act. the Magnuson - Stevens Fishery Conservation and
Management Act.
(c) Form of Pre- Construction Notification: The
standard individual permit application form (Form ENG (4) Applicants are encouraged to provide the
4345) may be used, but the completed application form Corps multiple copies of pre - construction notifications to
must clearly indicate that it is a PCN and must include all expedite agency coordination.
of the information required in paragraphs (b)(1) through
(7) of this general condition. A letter containing the (5) For NWP 48 activities that require
required information may also be used. reporting, the district engineer will provide a copy of
each report within 10 calendar days of receipt to the
(d) Agency Coordination: appropriate regional office of the NMFS.
(1) The district engineer will consider any (e) District Engineer's Decision: In reviewing the PCN
comments from Federal and state agencies concerning for the proposed activity, the district engineer will
the proposed activity's compliance with the terms and determine whether the activity authorized by the NWP
conditions of the NWPs and the need for mitigation to will result in more than minimal individual or cumulative
reduce the project's adverse environmental effects to a adverse environmental effects or may be contrary to the
minimal level. public interest. If the proposed activity requires a PCN
Corps No. NWP- 2010 -450 Page 6 of 10 Enclosure (3)
and will result in a loss of greater than 1 /10 -acre of (3) that the project is authorized under the NWP
'„ wetlands, the prospective permittee should submit a with specific modifications or conditions. Where the
mitigation proposal with the PCN. Applicants may also district engineer determines that mitigation is required to
propose compensatory mitigation for projects with ensure no more than minimal adverse effects occur to the
smaller impacts. The district engineer will consider any aquatic environment, the activity will be authorized
proposed compensatory mitigation the applicant has within the 45 -day PCN period. The authorization will
included in the proposal in determining whether the net include the necessary conceptual or specific mitigation or
adverse environmental effects to the aquatic environment a requirement that the applicant submit a mitigation plan
of the proposed work are minimal. The compensatory that would reduce the adverse effects on the aquatic
mitigation proposal may be either conceptual or detailed. environment to the minimal level. When mitigation is
If the district engineer determines that the activity required, no work in waters of the United States may
complies with the terms and conditions of the NWP and occur until the district engineer has approved a specific
that the adverse effects on the aquatic environmental are mitigation plan.
minimal, after considering mitigation, the district
engineer will notify the permittee and include any 28. Single and Complete Project: The activity must be
conditions the district engineer deems necessary. The a single and complete project. The same NWP cannot be
district engineer must approve any compensatory used more than once for the single and complete project.
mitigation proposal before the permittee commences
work. If the prospective permittee elects to submit a
compensatory mitigation plan with the PCN, the district E. Definitions
engineer will expeditiously review the proposed
compensatory mitigation plan. The district engineer Best management Practices (BMPs): Policies,
must review the plan within 45 calendar days of practices, procedures, or structures implemented to
receiving a complete PCN and determine whether the mitigate the adverse environmental effects on surface
proposed mitigation would ensure no more than minimal water quality resulting from development. BMPs are
adverse effects on the aquatic environment. If the net categories as structural and non - structural.
adverse effects of the project on the aquatic environment
• (after consideration of the compensatory mitigation Compensatory mitigation: The restoration,
proposal) are determined by the district engineer to be establishment (creation), enhancement, or preservation of
minimal, the district engineer will provide a timely aquatic resources for the purpose of compensating for
written response to the applicant. The response will state
that unavoidable adverse impacts which remain after all
hat the project can proceed under the terms and
conditions of the NWP. appropriate and practicable avoidance and minimization
has been achieved.
If the district engineer determines that the adverse effects Currently serviceable: Useable as is or with
of the proposed work are more than minimal, then the some maintenance, but not so degraded as to essentially
district engineer will notify the applicant either: require reconstruction.
(1) That the project does not qualify for Discharge: The term "discharge" means any
authorization under NWP and instruct the applicant on discharge of dredged or fill material and any activity that
the procedures to seek authorization under an individual causes or results in such a discharge.
permit;
(2) that the project is authorized under the Enhancement: The manipulation of the
NWP subject to the applicant's submission of a physical, chemical, or biological characteristics of an
• mitigation plan that would reduce the adverse effects on aquatic resource to heighten, intensify, or improve a
the aquatic environment to the minimal level; or 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.
Corps No. NWP- 2010 -450 Page 7 of 10 Enclosure (3)
•
Establishment (creation): The manipulation of Non -tidal wetland: A non -tidal wetland is a
the physical, chemical, or biological characteristics wetland that is not subject to the ebb and flow of tidal
present to develop an aquatic resource that did not waters. The definition of a wetland can be found at 33
previously exist at an upland site. Establishment results CFR 328.3(b). Non -tidal wetlands contiguous to tidal
in a gain in aquatic resource area. waters are located landward of the high tide line (i.e.,
spring high tide line).
Historic Property: Any prehistoric or historic
district, site (including archaeological site), building, Open water: For purposes of the NWPs, an
structure, or other object included in, or eligible for open water is any area that in a year with normal pattems
inclusion in, the National Register of Historic Places of precipitation has water flowing or standing above
maintained by the Secretary of the Interior. This term ground to the extent that an ordinary high water mark
includes artifacts, records, and remains that are related to can be determined. Aquatic vegetation within the area of
and located within such properties. The term includes standing or flowing water is either non- emergent, sparse,
properties of traditional religious and cultural importance or absent. Vegetated shallows are considered to be open
to an Indian tribe or Native Hawaiian organization and waters. Examples of "open waters" include rivers,
that meet the National Register criteria (36 CFR part 60). streams, lakes, and ponds.
Independent utility: A test to determine what Ordinary High Water Mark: An ordinary high
constitutes a single and complete project in the Corps water mark is a line on the shore established by the
regulatory program. A project is considered to have fluctuations of water and indicated by physical
independent utility if it would be constructed absent the characteristics, or by other appropriate means that
construction of other projects in the project area. consider the characteristics of the surrounding areas (see
Portions of a multi -phase project that depend upon other 33 CFR 328.3(e)).
phases of the project do not have independent utility.
Phases of a project that would be constructed even if the Perennial stream: A perennial stream has
other phases were not built can be considered as separate flowing water year -round during a typical year. The
single and complete projects with independent utility. water table is located above the stream bed for most of
the year. Groundwater is the primary source of water for
Intermittent stream: An intermittent stream has stream flow. Runoff from rainfall is a supplemental
flowing water during certain times of the year, when source of water for stream flow.
groundwater provides for stream flow. During dry
periods, intermittent streams may not have flowing Practicable: Available and capable of being
water. Runoff from rainfall is a supplemental source of done after taking into consideration cost, existing
water for stream flow. technology, and logistics in light of the overall project
purposes.
Loss of waters of the United States: Waters of
the United States that are permanently adversely affected Pre - construction notification: A request
by filling, flooding, excavation, or drainage because of submitted by the project proponent to the Corps for
the regulated activity. Permanent adverse effects include confirmation that a particular activity is authorized by
permanent discharges of dredged or fill material that nationwide permit. The request may be a permit
change an aquatic area to dry land, increase the bottom application, letter, or similar document that includes
of elevation of a waterbody, or change the use of a information about the proposed work and its anticipated
waterbody. The acreage of loss of waters of the United environmental effects. Pre - construction notification may
States is a threshold measurement of the impact to be required by the terms and conditions of a nationwide
• jurisdictional waters for determining whether a project permit, or by regional conditions. A pre - construction
may quality for an NWP; it is not a net threshold that is notification may be voluntarily submitted in cases where
calculated after considering compensatory mitigation that pre - construction notification is not required and the
may be used to offset losses of aquatic functions and project proponent wants confirmation that the activity is
services. The loss of stream bed includes the linear feet authorized by nationwide permit.
of stream bed that is filled or excavated. Waters of the
• United States temporarily filled, flooded, excavated, or Preservation: The removal of a threat to, or
drained, but restored to pre - construction contours and preventing the decline of, aquatic resources by an action
elevations after construction, are not included in the in or near those aquatic resources. This term includes
measurement of loss of waters of the United States. activities commonly associated with the protection and
Impacts resulting from activities eligible for exemptions maintenance of aquatic resources through the
under Section 404(f) of the Clean Water Act are not implementation of appropriate legal and physical
considered when calculating the loss of waters of the mechanisms. Preservation does not result in a gain of
United States. aquatic resource area or functions.
Corps No. NWP- 2010 -450 Page 8 of 10 Enclosure (3)
Re- establishment: The manipulation of the of a single water of the United States (i.e., a single
physical, chemical, or biological characteristics of a site waterbody) at a specific location. For linear projects
with the goal of returning natural/historic functions to a crossing a single waterbody several times at separate and
former aquatic resource. Re- establishment results in distant locations, each crossing is considered a single and
rebuilding a former aquatic resource and results in a gain complete project. However, individual channels in a
• in aquatic resource area. braided stream or river, or individual arms of a large,
irregularly shaped wetland or lake, etc. are not separate
Rehabilitation: The manipulation of the waterbodies, and crossings of such features cannot be
physical, chemical, or biological characteristics of a site considered separately.
with the goal of repairing natural/historic functions to a
degraded aquatic resource. Rehabilitation results in a Stormwater management: Storrwater
gain in aquatic resource function, but does not result in a management is the mechanism for controlling
gain in aquatic resource area. stormwater runoff for the purposes of reducing
downstream erosion, water quality degradation, and
Restoration: The manipulation of the physical, flooding and mitigating the adverse effects of changes in
chemical, or biological characteristics of a site with the land use on the aquatic environment.
goal of returning natural/historic functions to a former or
degraded aquatic resource. For the purpose of tracking Stormwater management facilities:
net gains in aquatic resource area, restoration is divided Stormwater management facilities are those facilities,
into two categories: Re- establishment and rehabilitation. including but not limited to, stormwater retention and
detention ponds and best management practices, which
Riffle and pool complex: Riffle and pool retain water for a period of time to control runoff and/or
complexes are special aquatic sites under the 404(b) (1) improve the quality (i.e., by reducing the concentration
Guidelines. Riffle and pool complexes sometimes of nutrients, sediments, hazardous substances and other
characterize steep gradient sections of streams. Such pollutants) of stormwater runoff
stream sections are recognizable by their hydraulic
characteristics. The rapid movement of water over a Stream bed: The substrate of the stream
• course substrate in riffles results in rough flow, a channel between the ordinary high water marks. The
turbulent surface, and high dissolved oxygen levels in the substrate may be bedrock or inorganic particles that
water. Pools are deeper areas associated with riffles. A range in size from clay to boulders. Wetlands
slower stream velocity, a streaming flow, a smooth continuous to the stream bed, but outside of the ordinary
surface, and a finer substrate characterize pools. high water marks, are not considered part of the stream
bed.
Riparian areas: Riparian areas are lands
adjacent to streams, lakes, and estuarine - marine Stream channelization: The manipulation of a
shorelines. Riparian areas are transitional between stream's course, condition, capacity, or location that
terrestrial and aquatic ecosystems, through which surface causes more than minimal interruption of normal stream
and subsurface hydrology connects waterbodies with processes. A channelized stream remains a water of the
their adjacent uplands. Riparian areas provide a variety United States.
of ecological functions and services and help improve or
maintain local water quality. (See General Condition 20) Structure: An object that is arranged in a
definite pattem of organization. Examples of structures
Shellfish seeding: The placement of shellfish include, without limitation, any pier, boat dock, boat
seed and/or suitable substrate to increase shellfish ramp, wharf, dolphin, weir, boom, breakwater, bulkhead,
• production. Shellfish seed consists of immature revetment, riprap, jetty, artificial island, artificial reef,
individual shellfish or individual shellfish attached to permanent mooring structure, power transmission line,
shells or shell fragments (i.e., spat on shell). Suitable permanently moored floating vessel, piling, aid to
• substrate may consist of shellfish shells, shell fragments, navigation, or any other manmade obstacle or
or other appropriate materials placed into waters for obstruction.
shellfish habitat.
Single and complete project: The term "single
and complete project" is defined at 33 CFR 330.2(i) as
the total project proposed or accomplished by one
owner /developer or partnership or other association of
owners /developers. A single and complete project must
have independent utility (see definition). For linear
projects, a "single and complete project" is all crossings
Corps No. NWP- 2010 -450 Page 9 of 10 Enclosure (3)
Tidal wetland: A tidal wetland is a wetland
(i.e., water of the United States) that is inundated by tidal
waters. The defmitions of a wetland and tidal waters can
be found at 33 CFR 328.3(b) and 33 CFR 328.3(0,
respectively. Tidal waters rise and fall in a predicable
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,
which is defined at 33 CFR 328.3(d).
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
that, during a year with normal patterns of precipitation,
has water flowing or standing above ground to the extent
that an ordinary high water mark (OHWM) or other
indicators of jurisdiction, that waterbody and its 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.
Corps No. NWP- 2010 -450 Page 10 of 10 Enclosure (3)
Oregon Department of
1 $ h 1 Environmental Quality (DEQ)
US Army Corps 401 Water Quality (WQC) General
of Engineers Conditions
• - Portland District
In addition to all USACE permit conditions, the following 401 WQC conditions apply to all Nationwide
Permit categories certified or partially certified by this 401 WQC, unless specified in the condition.
Additional 401 WQC Category Specific Conditions follow, which must also be complied with as
applicable.
1) Turbidity: All practical Best Management Practices (BMPs) on disturbed banks and within the stream shall
be implemented to minimize turbidity during in -water work. OAR 340 - 041 -0036 states that turbidity shall not
exceed 10 percent above natural stream turbidities, except where allowed by the rule. This rule also states that
limited duration activities necessary to accommodate essential dredging, construction or other legitimate
activities and which cause the turbidity standard to be exceeded may be authorized provided all practical
turbidity control techniques have been applied and a section 401 water quality certificate has been granted.
a. Monitoring: Turbidity monitoring shall be conducted and recorded as described below. Monitoring shall
occur each day during daylight hours when in -water work is being conducted. A properly and regularly
calibrated turbidimeter is recommended, however, visual gauging is acceptable.
i. Representative Background Point: a sample or observation must be taken every four hours at a relatively
undisturbed area approximately 100 feet upcurrent from in -water disturbance to establish background
turbidity levels for each monitoring cycle. Background turbidity, location, and time must be recorded prior
to monitoring downcurrent.
ii. Compliance Point: Monitoring shall occur every four hours approximately 100 feet down current from
the point of discharge and be compared against the background measurement or observation. The turbidity,
location, and time must be recorded for each sample.
b. Compliance: Results from the compliance points should be compared to the background levels taken
during each monitoring interval. Exceedances are allowed as follows:
MONITORING WITH A TURBIDIMETER
ALLOWABLE EXCEEDANCE ACTION REQUIRED AT 1" ACTION REQUIRED AT 2 N0—
TURBIDITY LEVEL MONITORING INTERVAL MONITORING INTERVAL
0 to 5 NTU above background Continue to monitor every 4 hours Continue to monitor every 4 hours
5 to 29 NTU above background Modify BMPs & continue to monitor Stop work after 8 hours at 5-29
• every 4 hours NTU above background
30 to 49 NTU above Modify BMPs & continue to monitor Stop work after 2 hours at 30-49
background eve 2 hours NTU above background
50 NTU or more above St • work Stop work
background
VISUAL MONITORING
No plume observed Continue to monitor every 4 hours Continue to monitor every 4 hours
Plume observed Modify BMPs & continue 10 monitor Stop work after 8 hours with an
every 4 hours observed plume
NWP- 2010 -450 Page 1 of 8 Enclosure (4)
• When monitoring visually, turbidity that is visible over iii. Limit the number and location of stream
background is considered an exceedance of the crossing events. Establish temporary crossing
standard. sites as necessary at the least impacting areas and
•
supplement with clean gravel or other temporary
If an exceedance over the background level occurs, methods as appropriate;
the applicant must modem the activity and continue to
• - monitor every four hours or as appropriate (above). If iv. Machinery will not drive into the flowing
an exceedance over the background level continues channel;
after the second monitoring interval, the activity must
stop until the turbidity levels return to background. If v. Excavated material will be placed so that
however, turbidity levels return to background at it is isolated from the water edge or wetlands
second monitoring level due to implementation of and not placed where it could re -enter waters
BMPs or natural attenuation, work make continue of the state uncontrolled; and,
with appropriate monitoring as above.
vi. Use of containment measures such as silt
If an exceedance occurs at: 50 NTU or more over curtains, geotextile fabric, and silt fence will
background; 30 NTU over background for 2 hours; or be implemented and properly maintained in
5 -29 NTU over back ground for 8 hours, the activity order to minimize in -stream sediment
must stop immediately for the remainder of that 24- suspension and resulting turbidity.
hour period.
2) Erosion Control: The applicant is referred to
c. Reporting: Copies of daily logs for turbidity DEQ's Oregon Sediment and Erosion Control
monitoring shall be available to DEQ, USACE, Manual, April 2005. The following erosion control
National Marine Fisheries Service (NMFS), US measures (and others as appropriate) or comparable
Fish and Wildlife Service (USFWS), and Oregon measures as specified in an NPDES 1200 -C permit (if
Department of Fish & Wildlife (ODFW) upon required) shall be implemented during
request. The log must include: background NTUs, construction/project activities:
compliance point NTUs, comparison of the points
in NTUs, and location, time, and tidal stage (if a. Filter bags, sediment traps or catch basins,
applicable) for each reading. Additionally, a vegetative strips, berms, Jersey barriers, fiber
narrative must be prepared discussing all blankets, bonded fiber matrices, geotextiles,
exceedances with subsequent monitoring, actions mulches, wattles, sediment fences, or other
taken, and the effectiveness of the actions. measures used in combination shall be used to
prevent movement of soil from uplands into
d. BMPs to Minimize In- stream Turbidity: waterways or wetlands;
i. Sequence/Phasing of work — The b. An adequate supply of materials needed to
applicant will schedule work activities so as to control erosion must be maintained at the project
minimize in -water disturbance and duration of in- construction site;
water disturbances;
c. To prevent stockpile erosion, use compost
ii. Bucket control - All in- stream digging berms, impervious materials or other equally
passes by excavation machinery and placement effective methods, during rain events or when the
of fill in -stream using a bucket shall be stockpile site is not moved or reshaped for more
completed so as to minimize turbidity. All than 48 hours;
practicable techniques such as employing an
experienced equipment operator, not dumping d. Erosion control measures shall be inspected
partial or full buckets of material back into the and maintained daily or more frequently as
wetted stream, adjusting the volume, speed, or necessary, to ensure their continued effectiveness
both of the load, or by using a closed - lipped and shall remain in place until all exposed soil is
environmental bucket shall be implemented; stabilized;
NWP- 2010 -450 Page 2 of 8 Enclosure (4)
i. If monitoring or inspection shows that the reasonable expectation that runoff from impervious
erosion and sediment controls are ineffective, surfaces will carry pollutants toward the lowest point
mobilize work crews immediately to make in the landscape, which is generally a water of the
repairs, install replacements, or install additional state. Low Impact Development (LID) techniques to
controls as necessary; reduce amounts and concentrations of runoff leaving
the project area and Best Management Practices
ii. Remove sediment from erosion and (BMPs) targeting removal of reasonably expected
• - sediment controls once it has reached 1/3 of the pollutants (sediment, metals, hydrocarbons, nutrients,
exposed height of the control. pesticides, etc.) prior to discharge of stormwater must
be incorporated into project designs. A narrative and
= e. Unless part of the authorized permanent fill, site sketch describing these LID techniques, BMPs
all construction access points through, and staging and other stormwater treatment options commensurate
areas in, riparian or wetland areas shall use with the scale of the project will constitute a post -
removable pads, mats, or other methods as construction stormwater management plan which must
necessary to prevent soil compaction, unless doing be submitted by the applicant to DEQ for review and
so would be more impactful to these or approval prior to construction. DEQ's Stormwater
surrounding resources; Management Plan Submission Guidelines for
Removal/Fill Permit Applications Which Involve
f. Flag or fence off avoided wetlands and newly Impervious Surfaces (located under "Removal/Fill" at:
planted areas to protect from disturbance and/or htt—://www.des.state.or.uslwa/sec401ce rt/sec401 c
erosion; ert.htm) provides information to determine the level of
detail required for the plan based on project type,
g. Dredged or other excavated material shall be scope, location, and other factors, as well as
placed on upland areas with stable slopes to references to assist in designing the plan. Submission
prevent materials from eroding back into of the plan must include:
waterways or wetlands;
a. A site sketch or plan view drawing indicating:
h. Sediment from disturbed areas or in any way the drainage flow directions; discharge locations;
able to be tracked by vehicles onto pavement shall contours and spot elevations; location and size of
not be allowed to leave the site in amounts that impervious features (e.g., parking lots, driveways,
would reasonably be expected to enter waters of buildings, or roads); nearest downgradient
the state and impair water quality. Placement of waterbody with direction of stream and surface
clean aggregate at all construction entrances, and flow, other physical features of the site, and the
other BMPs such as truck or wheel washes if location and type of post - construction BMPs;
needed, will be used when earthmoving equipment
will be leaving the site and traveling on paved b. A narrative description of proposed BMPs
surfaces; and, and a summary of their anticipated operation to
insure adequate capacity, proper function, and
i. Projects which disturb one acre or appropriate design for the site such that quality,
more require an NPDES 1200C Storm Water quantity, and seasonality of pre - construction
Discharge Permit. Contact the appropriate DEQ hydrologic conditions are mimicked to the
regional office for more information (Contact maximum extent practicable, based on stormwater
information can be found at: anticipated to be generated due to project - related
http:/ /www.deq.state.or.us /wq/). impervious surfaces and delivered to waters of the
state. See local jurisdiction regulations and
3) Post - Construction Stormwater Management accepted stormwater manuals for detention and
for NWP activities involving impervious surfaces capacity requirements;
(NWPs 3,14,15, 29, 36, 39, 42)
Stormwater discharges to waters of the state must not
violate state water quality standards, including Oregon
Administrative Rule (OAR) 340 -041 -0004, the
Antidegradation Policy for Surface Water. There is a
NWP -2010 -450 Page 3 of 8 Enclosure (4)
c. Implementation of the plan must be ii. Dispose of all treated wood debris
• concurrent with installation of impervious surfaces removed during a project, including treated
and include an adequate operation and wood pilings, at an upland facility approved
maintenance plan with documentation of for hazardous materials of this classification.
responsibility for maintenance by a qualified Do not leave treated wood pile(s) in the water
entity; or stacked on the streambank.
d. If engineered structural BMPs are iii. Immediately place removed piling onto an
incorporated into the post construction stormwater appropriate dry storage site.
management plan they must be prepared and
• stamped by an Oregon registered Professional iv. Attempt to remove the entire temporary or
Engineer (PE), and specification drawings must be permanent piling.
submitted; or,
v. If complete removal is not possible,
e. In lieu of a complete plan, the applicant may ensure that any treated wood piling to remain
submit: submerged is broken, cut, or pushed at least 3
feet below the sediment surface.
i. Documentation of acceptance of the
stormwater into a DEQ permitted National vi. Fill and cover holes left by each treated
Pollutant Discharge Elimination Strategy timber piling removed with clean, native
(NPDES) Phase I or II Municipal Separate substrates that match surrounding streambed
Storm Sewer System (MS4); or materials. If chemically treated wood piles are
removed using a vibratory hammer, ensure
ii. Reference to implementation of a that holes are capped with clean fill as the pile
programmatic process developed to achieve is removed. Surrounding the pile with clean
these expectations, and acknowledged by material prior to removal will allow the hole
DEQ as adequately addressing pollution to fill in upon extraction in order to contain
control or reduction through basin -wide any un- decomposed chemicals which have
postconstruction stormwater management pooled beneath the substrate and may tend to
practices. escape upon extraction of the pile as they are
less dense than the surrounding water. Clean
4) Deleterious Materials: The following conditions fill must be accounted for in project
relating to control of hazardous, toxic and waste description and threshold limits.
materials shall be observed:
c. Biologically harmful materials and
a. Treated Wood: Ineligibility- Projects which construction debris including, but not limited to:
propose installation of chemically treated wood petroleum products, chemicals, cement cured less
that will contact surface or ground water or that than 24 hours, welding slag and grindings,
will be placed over water where it will be exposed concrete saw cutting by- products, sandblasted
to abrasion require individual, site specific review materials, chipped paint, tires, wire, steel posts,
• and are, therefore, not certified by this 401 WQC. asphalt and waste concrete shall not be placed in
waterways or wetlands. Authorized fill material
b. Projects that require removal of chemically must be free of these materials. The applicant must
treated wood must: remove all foreign materials, refuse, and waste
from the project area.
i. Ensure that no treated wood debris falls
into waters of the State. If treated wood debris d. An adequate supply of materials needed to
falls into waters of the State, it must be contain deleterious materials during a weather
removed immediately and disposed of event must be maintained at the project site and
properly. deployed as necessary.
e. Machinery refueling shall not occur in
waterways, wetlands, or riparian areas.
NWP- 2010 -450 Page 4 of 8 Enclosure (4)
5) Spill Prevention: Fuel, operate, maintain, and 6) Spill & Incident Reporting:
- store vehicles and construction materials in areas that
minimize disturbance to habitat and prevent adverse a. In the event that petroleum products,
effects from potential fuel spills. chemicals, or any other deleterious materials are
• discharged into state waters, or onto land with a
a. Complete vehicle staging, cleaning, potential to enter state waters, the discharge shall
maintenance, refueling, and fuel storage in a be promptly reported to the Oregon Emergency
. - vehicle staging area placed 150 feet or more from Response Service (OERS, 1- 800 - 452 -031 1).
any waters of the state. An exception to this Containment and cleanup must begin immediately
distance can be made if all practicable prevention and be completed as soon as possible.
• and containment measures [as in 5) b through e
below, or others] are employed and this distance is b. If the project operations cause a water quality
not possible because of any of the following site problem which results in distressed or dying fish,
conditions: the operator shall immediately: cease operations;
take appropriate corrective measures to prevent
i. Physical constraints that make this further environmental damage; collect fish
distance not feasible (e.g., steep slopes, rock specimens and water samples; and notify DEQ,
outcroppings); ODFW, NMFS and USFWS as appropriate.
ii. Natural resource features would be 7) Vegetation Protection and Restoration:
degraded as a result of this setback; Riparian, wetland, and shoreline vegetation in the
or, authorized project area shall be protected from
unnecessary disturbance to the maximum extent
iii. Either no contaminants are present or full practicable through:
containment of potential contaminants to
prevent soil and water contamination is a. Minimization of project and impact footprint;
provided;
b. Designation of staging areas and access points
b. Inspect all vehicles operated within 150 feet in open, upland areas;
of any waters of the State daily for fluid leaks
before leaving the vehicle staging area. Repair any c. Fencing or other barriers demarking
leaks detected in the vehicle staging area before the construction areas; or,
vehicle resumes operation;
d. Use of alternative equipment (e.g., spider hoe
c. Before operations begin and as often as or crane)
necessary during operation, steam clean (or an
approved equal) all equipment that will be used If authorized work results in unavoidable vegetative
below bankfull elevation until all visible external disturbance; riparian, wetland, and shoreline
oil, grease, mud, and other visible contaminates are vegetation shall be successfully reestablished to
removed; function for water quality benefit at pre- project levels
• or improved, at the completion of the authorized
d. Diaper all stationary power equipment (e.g., work.
generators, cranes, stationary drilling equipment)
operated within 150 feet of any waters of the state 8) Project Thresholds:
to prevent leaks, unless other suitable containment
is provided to prevent potential spills from entering a. Project applications must be complete and
any waters of the state; and, account for total impacts at build -out regardless of
construction phasing. Projects may not be phased
e. An adequate supply of materials (such as to avoid exceeding USACE or DEQ imposed
straw matting/bales, geotextiles, booms, diapers, threshold limitations of wetland impact or cubic
and other absorbent materials) needed contain yards of material removal or fill; and,
spills must be maintained at the project
construction site and deployed as necessary.
NWP- 2010 -450 Page 5 of 8 Enclosure (4)
ce
b. Impacts to wetlands and waters of the state for Emergency Response System (OERS) at
a project are additive relative to the thresholds for 800.452.0311. Prior to cleanup, plans must be
eligibility. submitted and approved by the regulatory
agencies;
9) DEQ is to have site access upon reasonable
request. c. When drilling is completed, attempts will be
made to remove the remaining drilling fluid
• , 10) This WQC is invalid if the project is operated in a from the sleeve (e.g., by pumping) to reduce
manner not consistent with the project description turbidity when the sleeve is removed; and
contained in the permit application materials.
• d. An adequate supply of materials needed to
11) A copy of this WQC letter shall be kept on the job control erosion and/or to contain drilling fluids
site and readily available for reference by the USACE, must be maintained at the project construction
DEQ personnel, the contractor, and other appropriate site and deployed as necessary.
state and local government inspectors.
3. Utility lines through wetlands must be fitted
12) DEQ reserves the option to modify, amend or with trench plugs to avoid dewatering wetlands.
revoke this WQC, as necessary, in the event new
information indicates that the project activities are NWP 13—Bank Stabilization:
having a significant adverse impact on State water
quality or critical fish resources. 1. Ineligibility: The following streambank
stabilization activities require individual 401 WQC
• or additional conditions approved by DEQ.
Activity Specific Conditions
a. Bank stabilization projects in excess of 500
In addition to all conditions of the USACE permit feet.
and the 401 WQC General Conditions above, the
following conditions apply to specific categories of b. Permanent placement of material in wetlands
authorized activities. adjacent to a stabilization project.
NWP 12 —Utility Lines: This WQC does not c. Placement of new vertical structures such as
authorize the construction of substations or permanent retaining walls, bulkheads, gabions or similar
access roads for utility lines in waters of the state structures; or placement of rock in constructed
including wetlands. stream channel trenches where bioengineering is
1. All stream permanent or temporary crossings not a feature of the project, with the following
must be made perpendicular to the bankline, or exceptions:
nearly so, and at the narrowest, or least sensitive,
portion of the wetland or riparian corridor. i. Rock as ballast to anchor or stabilize large
woody debris components of an approved
2. Directionally bored stream crossings: bank treatment.
• a. Drilling Discharge —All discharge equipment, ii. Rock to fill scour holes, as necessary to
drill recovery and recycling pits, and any waste protect the integrity of the stabilization
• or spoiled produced, will be completely isolated, project, if the rock is limited to the depth of
recovered, then recycled or disposed of to the scour hole and does not extend above the
prevent entry into waters of the state. Recycling channel bed.
using a tank instead of drill recovery/recycling
pits is preferable; iii. Rock to construct a footing, facing, head
wall, or other protection necessary to prevent
b. In the event that drilling fluids unavoidably scouring or downcutting of or slope erosion or
enter a water of the state, the equipment operator failure at, an existing structure (e.g., culvert,
must stop work, immediately initiate containment utility line, roadway or bridge support) to be
measures and report the spill to the Oregon repaired.
NWP- 2010 -450 Page 6 of 8 Enclosure (4)
0.
iv. Rock or vertical structures in projects 3. Upland disposal facilities must receive a DEQ
maintaining existing transportation related Solid Waste Letter of Authorization or written
t structures when a registered professional notice of exemption prior to disposal taking place
engineer identifies these at the only there. Contact DEQ Land Quality in the regional
effective method due to site specific office covering project area (800 - 452- 4011).
r
geotechnical or hydraulic concerns.
NWP 33— Temporary Construction, Access, and
. For project meeting eligibility or an exception as Dewatering: Refer to Appendix D of DEQ's Oregon
listed above (in 1.i through iv.), the applicant shall: Sediment and Erosion Control Manual, April 2005,
for proper dewatering and work area isolation
• 2. Identify potential adverse impacts of bank techniques. Minimize general disturbance to existing
stabilization on water quality parameters and vegetation and water quality by:
• beneficial uses both upstream and downstream of
the activity site, and show how these have been 1. Using low impact equipment (e.g., spider hoe,
avoided, minimized or mitigated. crane);
3. Provide site design and construction features 2. Using existing roadways, travel paths, and
that avoid, then minimize, then mitigate for the drilling pads;
adverse impacts of bank stabilization. Appropriate
design features include us of biodegradable project 3. Clearing vegetation which must be removed
materials, riparian vegetation, and woody debris. only to ground level (no grubbing);
4. When rock is necessary, it must be 4. Placing clean gravel over geotextile fabric for
appropriately sized for stability, clean, durable, access ways;
angular, and include interstitial plantings unless the
permittee can demonstrate that such plantings are 5. Minimizing the number of temporary stream
not practicable. crossings and locating them in the least impactful
areas;
5. Provide mitigation approved by DEQ for lost or
reduced water quality function. 6. Construction temporary crossings of riparian
areas and stream at right angles to the main
NWP 16— Return Water from Contained Upland channel;
Disposal Areas: Return water from material known
to contain contaminants in dissolved form at levels 7. Obliterating all temporary access roads that will
which exceed chronic water quality criteria (OAR not be incorporated into the permanent structure
340 - 041 -0033, Tables 20, 33A, and 33B, see: and restoring those areas;
htto: / /www.deq. state. or.us /regulations /rules.htm) are
• not certified under this 401 WQC. 8. Stablizing any exposed soil; and
1. For all materials removed from wetlands and 9. Revegetating the site.
• waterways during authorized activities which has
been determined to be suitable for in -water NWP- 38— Cleanup of Hazardous and Toxic
disposal, all practicable efforts to return to waters Waste:
or beneficial reuse all excess material shall be
undertaken prior to disposing in upland areas. 1. Dewatering of toxic material dredged from in-
stream shall not occur over un- isolated waters of
2. Upland disposal of materials must conform to the state. Containment of toxics laden return water
existing DEQ solid waste and contaminant must be provided such that proper disposal or
requirements which include an appropriately adequate treatment prior to controlled release back
located and designed confined disposal facility and to waters of the state may be accomplished.
implementation of all practicable measures to
prevent material discharge and uncontrolled retum
water discharge to waterways and wetlands.
NWP- 2010 -450 Page 7 of 8 Enclosure (4)
G e
2. Upland disposal facilities must receive a DEQ
Solid Waste Letter of Authorization or written
notice of exemption prior to disposal taking place
there. Contact DEQ Land Quality in the regional
•
office covering project area (800 - 452 -4011).
NWP 41— Reshaping Existing Drainage Ditches:
The linear threshold for reshaping drainage ditches
under any NWP is 500 feet. All projects exceeding
the 500 feet threshold require individual 401 WQC
or additional conditions approved by DEQ. For
projects within the 500 feet threshold, the applicant
shall:
1. Work from only one bank in order to minimize
disturbance to existing vegetation, preferably the
bank with the least existing vegetation;
2. Preserve the existing vegetation to the
maximum extent practicable;
3. Establish in- stream and riparian vegetation or
reshaped channels and side channels wherever
practicable. Such plantings shall be targeted to
address water quality parameters (e.g., provide
shade to water to reduce temperature or provide
bank stability through root systems to limit
sediment inputs). Planting options include
clustering or vegetating only one side of a channel,
preferably the side which provides maximum
shade.
•
NWP- 2010 -450 Page 8 of 8 Enclosure (4)
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• �, COMPLIANCE CERTIFICATION
U.S. Army Corps of Engineers
• Regulatory Branch
CENWP -OD -GC
_ • 333 SW First Avenue, P.O. Box 2946
Portland, Oregon 97208 -2946
1. Permittee Name: Lauren Jean O'Neal
2. Corps Permit No: NWP- 2010 -450
3. Corps Contact: Brian Villalon
4. Type of Activity: Replace bridge with culvert.
Please sign and return form to the address above:
I hereby certify that the work authorized the above referenced permit has been completed
in accordance with the terms and conditions of said permit and that required mitigation is
completed in accordance with the permit conditions, except as described below.
Signature of Permittee Date
Corps No. NWP -2010 -450 Enclosure (5)
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PRELIMINARY JURISDICTIONAL DETERMINATION FORM
This preliminary JD finds that there "may be" waters of the United States on the subject project
• ,, site, and identifies all aquatic features on the site that could be affected by the proposed activity, based
on the following information:
- • A. REPORT COMPLETION DATE: September 8, 2010
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Lauren Jean O'Neal
9495 SW Shady Place
Tigard, Oregon 97223
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Portland District, Lauren Jean O'Neal, NWP- 2010 -450
D. PROJECT LOCATION(S), BACKGROUND INFORMATION, AND WATERS:
State: Oregon
City: Tigard
County: Washington
• Name of nearest waterbody: Unnamed tributary to Ash Creek South Fork, tributary to the Tualatin River.
Identify amount of waters in the review area: 352.5 square feet, or 0.008 acre.
Name of any water bodies on the site that have been identified as Section 10 waters:
Tidal: None
Non - Tidal: Unnamed tributary to Ash Creek South Fork.
Waters of the U.S.:
Waterbody Latitude Longitude Cowardin Area Length Width
(dd.ddd °N) (dd.ddd °W) Class (Acres) (Feet) (Feet)
Unnamed tributary 45.4514 122.7517 R4UBB /J 0.008 88 4
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: September 8, 2010
❑ Field Determination. Date(s):
• F. SUPPORTING DATA:
• Data reviewed for preliminary JD (check all that apply - checked items should be included in case file
and, where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Z Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets /delineation report.
NWP 2010 - 450 Page 1 of 3 Enclosure (6)
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• ❑ Office does not concur with data sheets /delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
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❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
• ❑ U.S. Geological Survey map(s). Cite quad name:
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/F]RM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):.
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the
Corps -and s + : d of e relied upon for later jurisdictional determinations.
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Sigt a 7 . and :. t of / / Signature and date of
Corps of .'_'neers person requesting preliminary JD
Regulatory Project Manager (REQUIRED, unless obtaining the signature is
(REQUIRED) impracticable)
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NWP 2010 - 450 Page 2 of 3 Enclosure (6)
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G. EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL
DETERMINATIONS:
1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on
the subject site, and the permit applicant or other affected party who requested this preliminary JD is
hereby advised of his or her option to request and obtain an approved jurisdictional determination
(JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary
JD has declined to exercise the option to obtain an approved JD in this instance and at this time.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction notification"
(PCN), or requests verification for a non - reporting NWP or other general permit, and the permit
applicant has not requested an approved JD for the activity, the permit applicant is hereby made
aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a
preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the
applicant has the option to request an approved JD before accepting the terms and conditions of the
permit authorization, and that basing a permit authorization on an approved JD could possibly result
in less compensatory mitigation being required or different special conditions; (3) that the applicant
has the right to request an individual permit rather than accepting the terms and conditions of the
NWP or other general permit authorization; (4) that the applicant can accept a permit authorization
and thereby agree to comply with all the terms and conditions of that permit, including whatever
mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity
in reliance upon the subject permit authorization without requesting an approved JD constitutes the
applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed
as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual
permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a
preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in
any way by that activity are jurisdictional waters of the United States, and precludes any challenge to
such jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an
approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an
approved JD, a proffered individual permit (and all terms and conditions contained therein), or
individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in
any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during
that administrative appeal, it becomes necessary to make an official determination whether CWA
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jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site,
the Corps will provide an approved JD to accomplish that result, as soon as is practicable.
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NWP- 2010 -450 Page 3 of 3 Enclosure (6)
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