HomeMy WebLinkAbout3.0 Directors DeterminationMarch 4, 2014
Garfield County
C ommunity Deve lopment
I 0 8 8th Street, Suite 40 I, Gle nwood Sprin gs, CO 8 160 I
Offi ce: 970-945-82 12 Fax: 970-384-3470
Julie Justus
Regulatory/Health/Environment Specialist
Chevron USA, Inc.
760 Horizon Drive
Grand Junction , CO 81506
jjustus@chevron .com
DIRECTOR DETERMINATION -Chevron Piceance Interim Sales Line
Garfield County File Number PDPA7804
Dear Ms. Justus,
EXHIBIT
I .-~V\
This letter, and the attached staff report, is provided as notification that your
request for a Land Use Change Permit for a ±6.8-mile, 8" natural gas pipeline in
northwestern Garfield County has been reviewed and the Director hereby issues
a determination conditionally approving the requested permit. Conditions of
approval are :
1. All representations made in the submittal materials and other documentation
provided shall be considered conditions of approval unless otherwise
amended by this decision.
2. Pipeline operations shall be located in a manner to minimize their visual
impact and disturbance of the land surface. Facilities shall be painted in a
uniform, non -contrasting, non-reflective color, to blend with the adjacent
landscape . Right-of-way shall be located in existing disturbed areas unless
safety or visual concern s or other adverse surface impacts clearly dictate
otherwise.
3 . Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with a revegetation bond in the amount of $173,700 .00
due to the disturbance of 69.48-acres for construction of the pip eline. The
security shall be held by Garfield County until vegetation has been
successfully reestablished according to the Reclamation Standards in the
Garfield County Weed Management Plan.
4 . Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County copies of U.S. Army Corps of Engineer Nationwide #12
permit related to the jurisdictional waters of Wiesse Creek.
1
5. Prior to issuance of the Pipeline Development Permit the Applicant shall
provide the County with a copy of the Flare Permit from CDPHE, if one should
be required, or demonstration that a Flare Permit is not necessary.
6. Recommended mitigation measures contained in the Sensitive Areas Survey
prepared by Westwater Engineering , dated July 2013, shall be considered
conditions of approval as itemized below:
A Prior to issuance of the Pipeline Development Permit the Applicant shall
provide an additional raptor survey containing information on the occupied
nests and potential impact of the construction of the pipeline on these
species .
If construction activities take place during future nesting season as
itemized in the table below the Applicant shall abide by the timing
limitations contained in the chart below:
a e 1m11uz auc ti er ncommenc a t1 ous or a chYe rnntor n es ts T bl 7 r . lb u 1 . f
Suedes Buffu Zo ne Seasonal Res t r ic tion
Great Homed Owl * *
Long-ea red Owl 0 .25 mile 1 March -15 July
N orthem Gor,hawk 0 .50 mi le 1March -15 Septem ber
N o1them Han ier 0 .25 utile 1 April -15 Augu st
N o11hem Saw-wh et Owl 0 .25 nti le 1 March -15 July
Os prey 0 .25 utile 1 April -3 1 Augus t
P er eRti.n e Falcon 0 .5 mile 15 March-3 1 July
PraiJ.i.e Falcon 0 .5 utile 15 March -15 July
R ed -tai led Hawk 0 .33 utile 15 Febmary -15 July
Sharp-s ltim1e d Hawk 0 .25 utile 1 Ap1i.1 -15 Augu st
SwaiJ.1 son's Hm:vk 0 .2 5 utile 1 Apti.1 -15 J uly
* Grea t Homed Owls and Kes trel ~ are re latively tolerant oflnunan activi ty. Keep activity to a mininnun during bree ding season.
B. Solid waste management practices to minimize potential human-black
bear interactions shall be implemented in the project.
7. In no case shall an operator engage in activities which impact Federal or
State threatened and endangered species .
8. Applicant shall use Colorado Department of Agriculture certified weed-free
bales for any straw or hay bales used on the site .
9. Any equipment used in construction or operation of a pipeline shall comply
with the Colorado Oil and Gas Conservation Commission Rules and
Regulations, Section 802 , Noise Abatement. Additionally, all power sources
used in pipeline operations shall have electric motors or muffled internal
combustion engines .
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materials for the pipeline construction will abide by Garfield County Road &
Bridge Departments oversize/overweight regulations .
11 . Once the construction of the pipeline is completed the Applicant shall provide
the County Geographic Information System (GIS) analyst with a digital
alignment of the pipeline in a format readable to the County.
12 .Air contaminant emissions shall be in compliance with the applicable permit
and control provisions of the Colorado Air Quality Control Program, Title 25 ,
Resolution 7, C.R.S.
13 . All operations shall comply with all applicable Federal and State Public Health
and Environment, Noise, and A i r and Water Quality Control standards .
14 . Should the pipeline be abandoned and removed , it shall be subject to the
original revegetation and weed management requirements in the application .
The Applicant has seven (7) calendar days to appeal the conditional approval of
the pipeline . Further, this information will be forwarded to the Board of County
Commissioners for a fourteen (1 4 ) day review period. If no request for appeal or
call-up is received within these timeframes the determination will be final and a
Land Use Change Permit can be issued upon compliance with conditions of
approval.
Feel free to contact myself or Kathy Eastley, the staff planner, if you have any
questions regarding this decision.
Sincerely,
Fred A. Jarman, AICP
Director of Building and Planning
Attachment
Cc: BOCC
File
3
Director Determination, March 4, 2014
Exhibits -Chevron 8" Interim Pipeline
Exhibit Exhibit
Letter
{A toZl
A Notice documents
B Garfield County 2013 Land Use and Development Code, as amended
c Ann Ii cation
D Staff Report
E Email dated February 11, 2014 from Nick Marx, DeBeque Fire Chief
F Letter dated Februarv 25, 2014 from Steve Anthony, Vegetation Manager
G Letter dated February 25, 2014 from Chris Hale, Mountain Cross Engineering
H Email response dated Februarv 25, 2014 from Julie Justus re: comments
I Director Decision
J CDPHE APCD General Permit AIRS ID 046/0064/001
K SWMPUpdate
L Nationwide Permit Summary
M Director Decision
N
Chevron Piceance Interim Sales Line
Director Determination March 4, 2014
KE
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
PROPERTY OWNER
REPRESENTATIVE
LOCATION
PIPELINE INFORMATION
ACCESS
ZONING
I. Project Overview
Land Use Change Permit for Pipeline Development
Chevron
Julie Justus -Chevron USA, Inc.
North of CR 211 (Clear Creek Road) between Clear Creek
and Rio Blanco County
8-inch Natural Gas Pipeline -6.8 miles in length
MTW Road out of Rio Blanco County
Resource Lands -Plateau and Public Lands
Chevron currently utilizes a 30-inch sales pipeline to serve its Skinner Ridge Field however the
drop in natural gas production has resulted in this diameter of pipeline to be oversized based
upon current production. This 30 -inch line has a minimum capacity necessary to ensure efficient
operation therefore a smaller diameter is proposed for use until such time as production
volumes increase to warrant use of the 30-inch line. The Applicant seeks to construct an interim
8-inch pipeline within existing ROW corridors in order to serve the current volumes from the
field.
1
Chevron Piceance Interim Sales Line
Director Determination March 4, 2014
KE
The interim pipeline proposes to utilize the existing 30-inch pipeline utility corridor for 4.9-miles
after which the pipeline route will deviate to the Trail Ridge Road/WPX ROW for the remaining
1.9 miles. An associated pig launcher and receiver is proposed in conjunction with this pipeline.
• Pipeline and Pipeline ROW:
The proposed 8-inch pipeline would begin in Section 36, T5S, R98W at the 30-inch
pipeline tie-in point on Sleepy Ridge and would continue for 4.9-miles in a northeasterly
direction within the 100-foot 30-inch pipeline ROW corridor. At the intersection with Trail
Ridge Road the pipeline will deviate from this ROW corridor to another existing corridor
owned and operated by WPX Energy. The pipeline would then terminate at the existing
chevron Delivery facility located in the NWNW Section 3, T5S, R97W. Total disturbance
for ROW would be approximately 62-acres.
Hydro-excavation is proposed to be used ex1ensively where existing underground
utilities have been identified. This construction method will require one or more
infiltration/sediment ponds to be construction at locations along the ROW. Otherwise
mechanical means of construction will be used.
• Staging Areas:
The Applicant proposes up to eleven (11) temporary staging areas which would extend
outside of the ROW boundaries and comprise an additional 7.48 acres of temporary
disturbance.
• Regulatorv Permits
The following permits have been, or will be, obtained from the following federal, state,
and county agencies.
Land Development APEN CDPHE-APCD Fugitive Emissions AIRS ID 046-0064-001
Flare Permit CDPHE-APCD Flaring of gas Unknown
Construction Stormwater CDPHE-WQCD Erosion/Stormwater Permit COR-037787
Construction Dewatering CDPHE-WQCD Discharge water from Water will be captured for
trench reuse
Discharge/Hydrotest CDPHE-WQCD Hydrotest and Water will be captured for
Hydrovac operations reuse
Nationwide Permit #12 US Army Corps of Stream/drainage Pending Engineers crossings and impact
SPCC EPA Storage of > 1380 Gal Update plan
2
II
• Pipeline Testing.
Chevron Piceance Interim Sales Line
Director Determination March 4, 2014
KE
Hydrostatic testing will require approximately 800 BBL (33,600 gallons) of water that will
be obtained from municipal sources or from water rights on Piceance Creek in Rio
Blanco County. The water will be hauled and stored on located in two (2) 400 BBL
tanks . The tanks will have 150% containment. The discharge will be re-circulated back
to the tanks for re-use .
• Sensitive Area Survey:
The existing 30-inch pipeline ROW crosses Wiesse Creek in the SWSE, Sec 30, T5S,
R97W and the ROW for the 8-inch pipel ine will cross is the same location. The
Applicant proposes an open-cut trench due to steep slopes in the area. This creek is a
jurisdictional water of the U.S . and therefore and Army Corps of Engineer Nationwide
Permit #12 for Utility Line Activities.
• Permanent project faculties include a 45" x 1 O" combination, remote automated, multi-
pig launcher skid located at the top of Sleep Ridge in Sec 36, T5S, R98W. The
automated Multi-Pig launcher allows up to six (6) 8-inch pipeline pigs to be loaded and
launched remotely . An enclosed pig receiver skid would be installed within the existing
Chevron Delivery Facility.
• Construction Management:
Chevron proposes to begin construction in April, 2014 with installation expected to
continue through mid-September, 2014. Working hours are proposed to be 7:00 a.m. to
5:00 p.m., Monday through Saturday .
p· p . p nmary ro1ect art1c1pants
Company Contact Phone Email/Address
Chevron U.S.A ., Inc. Julie Justus 970-257-6042 jj ustus@chevron.com
Chevron U.S.A., Inc. Ryan Malone 505 -947-5714 rmalone@chevron .com Project Manager
Crossfire, LLC (pipeline) Brad Knapp 970-884-4869 P.O. Box 339
Ignacia, CO 81137
U.S. Army Corps of 400 Road Ave, Room 224
Mark Gilfillan 970-243-1199 Grand Junction , CO Engineers 81501
CDPHE-APCD Chip Hancock 303-692-2000 4300 Cherry Creek South
Denver, CO 80246
CDPHE-WQCD 303-692 -2000 4300 Cherry Creek South
Denver, CO 80246
3
Chevron Piceance Interim Sales Line
Director Determination March 4, 2014
KE
Ill. Surface Ownership
The pipeline will be located wholly within lands owned by Chevron USA, Inc.
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OVERALL PARCEL MAP
IV. Visual Impacts/Land
Disturbance
The pipeline ROW is located
in a rugged, remote area of
Garfield County north of Clear
Creek to the Rio Blanco
County border. Access will be
via Rio Blanco County . The
proposed pipeline is located
within existing utility corridors
thereby m1nim1z1ng new
disturbance.
Adequate reclamation is
proposed to mitigate land
disturbance and visual impact.
V. Traffic Impacts
Access to the project will be
via eastbound 1-70 to Rifle
and north on State Highway
13 for 18 miles . After turning
left on Piceance Creek Road
proceed 20 miles to MTW
Ranch Road. Travel 20 miles
south to the Chevron Sales Delivery Facility.
The project duration of 5 months will generate varied traffic impacts . Total traffic for delivery of
materials and supplies will require 302 trips while daily traffic will be approximately 20 trips.
VI. Sensitive Area Survey
Westwater Engineering completed a survey of the pipeline corridor and areas within .25 miles
of the corridor.
• Waters of the U.S. -Westwater found the potential for impact to Waters of the U .S. in
three areas with potential impact at one location .
• Vegetation -Construction will occur within previously disturbed area and no Threatened,
Endangered, and Candidate Plant Species were detected.
• Wildlife -No Threatened, Endangered, and Candidate Wildlife Species were observed
in the project area.
o The site is located within mapped Greater Sage-grouse production area however
no sign of the species was observed. Garfield County mapping concurs with
WestWater's opinion of no potential impact.
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Chevron Piceance Interim Sa les Line
Director Determination March 4, 2014
KE
o Twenty-two raptor nests are documented in the project area and, of these , five
were occupied and fifteen were unoccupied . Timing and buffer
recommendations were included in the report.
o Birds of Conservation Concern (BCC) could be impacted by the project as
suitable nesting habitat would be directly affected by the pipeline . Negative
effects could be mitigated with reduction of vegetation removal and timing on the
removal to occur outside of nesting season (May 15 to July 15).
o Elk and Mule Deer -the site is located in elk production and winter concentration
area, but both elk and mule deer have become habituated to human activity
thereby reducing the potential impact.
Ultimately, Westwater included recommendations:
T&E "il<llift>: No tlueatened or endangered wildlife specie s were detected in the project area . The project
is within a CPW mapped production area for one "candidate " species for li sting under the ESA , Greater
Sage-grouse . No sage-grouse sign wa s detected during ~mveys and habitat conditions for this species
in1prove considerably to the north of the project area . This project is locat ed within and adjacent to a
previous disttu·bance that ha s been re-vegetated and additional affects from this project would be minimal .
Forage and cowr for wildlife and habitat fragmentation: TI1e loug-tem1 effec ts of vegetation removal
necess aiy for the project are likely to be minimal once revegetation and reclan1ation have occtu1·ed. The
pipeline would be along an existin g co1ridor and would not fiu1her fragment existing habitat. Suitable
nesting habitat for birds would be directly affected by the project. To reduce ne ga tive effects, vegetation
removal should occur outside of the ne sting season and should include as little native vegetation as
po ssible .
Big gamt> migration corridors : No migration corridors would be affected. Bi g game species are not
restricted to specific mo vement co rridors in this area and the presence of this pipeline will not creat e a
barrier . Fencing, if nece ssary, could alter daily bi g game movements on a small sc ale and could po se a
haznrd to animals if not built with wildlife in mind .
Elk cah'iug areas and winter range: Much of the project take s place within elk calving areas or winter
ranges . Mininlize activity and di sturbance in sensi tive wildlife areas dwi.n g calving season (May -Jtme)
and bi g game winter ranges during winter months (December -April).
Open trenches: Trenches or pits left open dtui.ng cons tm ction can present a dangerous ob stacle for
wildlife . Temporaiy fencin g should be erected to prevent wildlife from falling into the trench . Re gularly
spaced earthen ramp s would enable animals that do enter the trench to escape.
Direct affects from construction and operation: Direct removal of migrato1y bird nes ts or dismpti.on of
ne sting and brood rearing activities are possible if proje ct cou stmction occur s dtu'ing the nesting seaso n.
Vehicle speeds and traffic vohunes related to thi s project are likely to be low and significant vehicl e
related mortality com1ected to th is project is \u11ikely.
VII. Reclamation Plan/Integrated Vegetation and Noxious Weed Management Plan
Vegetation Manager Steve Anthony has responded to the request for referral that th e Noxious
Weed Management and Reclamation Plans are acceptable. A revegetation security (bond) in
the amount of $173,700.00 based upon 69.48-acres of disturbance will be required.
5
VIII . Cultural and Historic Resources Inventory
Chevron Piceance Interim Sale s Line
Director Determination March 4, 2014
KE
The existing 30-inch pipeline conducted numerous cultural and paleontological surveys which
did not reveal any significant sites.
IX. Emergency Response Plan
The submittal documents include an Em ergency Response Plan which lists contacts in both
Garfield County and Rio Blanco County . Chevron provides personnel contact information as
well.
X. Referral Comments
Staff ref erred the application to the following Agencies I Departments whose comments are as
follows :
A. County Road and Bridge Department: No Response.
B. Garfield County Sheriff: No Response
C . County Vegetation Manager: The Noxious Weed Management Plan and Reclamation
Plans are acceptable . A revegetation security in the amount of $173,700 .00 is required.
D. County Oil & Gas Liaison: No response .
E. Mountain Cross Engineering: Identified issues with revegetation and potential for
wetlands.
6
XI. REVIEW CRITERIA
A. Located Along Perimeters.
Chevron Piceance Interim Sales Line
Director Determination March 4, 2014
KE
Staff Comment: The pipeline is proposed to be located in previously disturbed ROW
corridors.
B. Noise Abatement.
Staff Comment: A condition of approval is recommended with regard to compliance with
COGCC Series 802 requirements.
C. Visual Impact.
Staff Comment: The Applicant proposes to utilize existing ROW corridors which will
minimize the potential visual impact as well as adequate revegetation and weed
management of the corridor.
D. Access Points to Public Roads.
Staff Comment: Road and Bridge did not respond to the referral, potentially due to the
fact that the entry to the project will occur in Rio Blanco County. Transportation of
material, equipment and supplies will occur primarily on the State or Federal Highway
system within Garfield County. Standard conditions of approval regarding the need for
oversize, overweight permits are recommended.
E. Air Contaminant Emissions.
Staff Comment: The Applicant has obtained General Permit approval from CDPHE
APCD and provided a copy of the approval.
F. Water Quality Control Standards.
Staff Comment: Water quality will be assured by capture and reuse of hydrotest water
therefore no discharge to surface will occur. Should groundwater be encountered the
Applicant is required to obtain the necessary permits from CDPHE WQCD.
G. Reclamation Plan.
Staff Comment: An adequate reclamation plan has been provided.
H. Removal of Abandoned Pipeline.
Should an abandoned pipeline be removed, it will be subject to the original revegetation
and weed management requirements in the original application.
XII.SUMMARY OF REVIEW AND STAFF RECOMMENDATION
The proposed 6.8-mile, 8-inch natural gas pipeline located north of CR 211 (Clear Creek Road}
has been reviewed pursuant to the criteria in Section IX of the 2013 Land Use and Development
Code, as amended. Staff recommends that the Director issue a determination of Approval for
the Chevron Interim Sales Line Pipeline with the following conditions of approval:
1. All representations made in the submittal materials and other documentation provided shall
be considered conditions of approval unless otherwise amended by this decision.
2. Pipeline operations shall be located in a manner to minimize their visual impact and
disturbance of the land surface. Facilities shall be painted in a uniform, non-contrasting,
non-reflective color, to blend with the adjacent landscape. Right-of-way shall be located in
7
Chevron Piceance Interim Sales Line
Director Determination March 4, 2014
KE
existing disturbed areas unless safety or visual concerns or other adverse surface impacts
clearly dictate otherwise.
3. Prior to issuance of the Pipeline Development Permit the Applicant. shall provide the County
with a revegetation bond in the amount of $173,700 .00 due to the disturbance of 69.48-
acres for construction of the pipeline. The security shall be held by Garfield County until
vegetation has been successfully reestablished according to the Reclamation Standards in
the Garfield County Weed Management Plan.
4. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County
copies of U.S. Army Corps of Engineer Nationwide #12 permit related to the jurisdictional
waters of Wiesse Creek.
5. Prior to issuance of the Pipeline Development Permit the Applicant shall provide the County
with a copy of the Flare Permit from CDPHE, if one should be required, or demonstration
that a Flare Permit is not necessary.
6. Recommended mitigation measures contained in the Sensitive Areas Survey prepared by
Westwater Engineering, dated July 2013, shall be considered conditions of approval as
itemized below:
A. Prior to issuance of the Pipeline Development Permit the Applicant shall provide an
additional raptor survey containing information on the occupied nests and potential
impact of the construction of the pipeline on these species.
If construction activities take place during future nesting season as itemized in the table
below the Applicant shall abide by the timing limitations contained in the chart below:
a e llDID2 au T bl 7 T' . u er recommenc a ons or ac db u I ti f ve rap or nes s ti t t
Species Buffer Zone Seasonal Restriction
Great Homed Owl * *
Lo112-eared Owl 0 .25 mile 1 March -15 Julv
Northem Goshawk 0 .50 mile 1 March -15 September
Northem Harrier 0 .25 mile 1 April -15 August
Northem Saw-whet Owl 0 .25 mile 1 March -15 July
Osprey 0 .25 mile 1 April -31 August
Pere~e Falcon 0.5 mile 15 March -31 July
Prairie Falcon 0 .5 mile 15 March-15 July
Red-tailed Hawk 0 .3 3 nlile 15 F ebmary -15 July
Sharp-slliw1e d Hawk 0 .25 mile 1 April -15 August
Swainso n's Hawk 0 .2 5 nlile 1 April -15 Julv
*Great Homed Owls and Kestrels are relatively tolerant of human acti vity. Keep activi ty to a minimum during breeding season.
B. Solid waste management practices to minimize potential human-black bear inte ractions
shall be implemented in the project.
7. In no case shall an op erator engage in activities which impact Federal or State threatened
and endangered species.
8. Applicant shall use Colorado Department of Agriculture certified weed-free bales for any
straw or hay bales used on the site.
8
Chevron Piceance Interim Sales Line
Director Determination March 4, 2014
KE
9. Any equipment used in construction or operation of a pipeline shall comply with the
Colorado Oil and Gas Conservation Commission Rules and Regulations, Section 802, Noise
Abatement. Additionally, all power sources used in pipeline operations shall have electric
motors or muffled internal combustion engines.
10. All vehicles working within Garfield County Rights-of-Way will be licensed and registered in
the State of Colorado. All vehicles hauling equipment and materials for the pipeline
construction will abide by Garfield County Road & Bridge Departments oversize/overweight
regulations.
11. Once the construction of the pipeline is completed the Applicant shall provide the County
Geographic Information System (GIS) analyst with a digital alignment of the pipeline in a
format readable to the County.
12. Air contaminant emissions shall be in compliance with the applicable permit and control
provisions of the Colorado Air Quality Control Program, Title 25, Resolution 7, C.R.S.
13. All operations shall comply with all applicable Federal and State Public Health and
Environment, Noise, and Air and Water Quality Control standards.
14. Should the pipeline be abandoned and removed, it shall be subject to the original
revegetation and weed management requirements in the application.
9
EXHIBIT
I A
Garfield County
PUBLIC HEARING NOTICE INFORMATION
Please check the appropr iate boxes below based upon the notice that was conducted for your public
hear ing. In additio n, please lnltlal on the blank line next to the statements If they accurately reflect the
des cribed act ion.
0 My applicatlon required written/malled notice to adjacent property owners and mineral
owners.
Malled notice was completed on the _10 __ day of Feb ruary 2014.
All owners of record within a 200 foot radius of the subject parcel were Identified as
shown In the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mlneral Interest In the subject property were identified through records In
the Clerk and Recorde r or Assessor, or through other means [list]-------
Garfield County Assessor Reco rds
• Please attach proof of cert ified, return rece ipt requested mailed notice .
Cl My appllcatlon required Published notice.
Notice was published on the __ day of _____ _, 2014.
• Please attach proof of publication In the Rifle Citizen Telegram .
[Z) My application required Posting of Notice.
Not ice wa s posted on the _10 __ day of _F_eb_r_ua_ry'----' 2014.
Notice wa s posted so that at lea st one sign faced each adjacent road right of way
generally used by the public.
I testify that the above Information Is true and accurate .
Name : Julie Justus
s1snature: Qa . .y:::&9
Date : 03/03/2014
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4 . Res tricted Doll very? (Extra Fee) O Yes
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Domestic Return Rece1p1 PS Form 3811 Ju lv 201g
' SENDER: COMPLETE THIS SECTION
• Complete Items 1, 2, and 3. Also complete
item 4 If Restricted Delivery Is des ired.
• Print your name and add ress on the reverse
so that we can retu rn t he ca rd to you.
• Att ach this c ard to the back of the mallplece ,
or on the front If space permits .
1, Miele Addressed to:
13 ll'VI
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COMPLETE THIS SECTION ON DEL/Vf-RY
0 Ag ent
CJ Addressee
B. Rece ived by (Printed Name) I o. Dato of o~ny o ry .z.-rr ~r ~
D. Is dollvoiy llddrose difforont lrom ltom 1? D Yes
If YES, ent er delivery address below: 0 No
{> o--/vretcflo f!.1 vt--r U C\,U -e..( FC
/)300 K:1ue1 rr:crrdt lSe. ~l.C~3.= .. ~s=rv1=ce=Typ=e========
5 I ) L, C..O c / / _ ~ ,_.., ,,iu.cortllled Mall• 0 Prtorlty Mall Express•• r 0 W '-./ ......._ 0 Regis tered 0 Return Receipt f or Merchandise
O Insured Mall 0 Collec t on Dellvory
4. Rostrlotod Delivery? (l:Xlra Fee) O Yes
2. Article Number
(Tran sfer from servtoo lo.beQ
7013 2630 0001 121 2 5631
PS Fo rni 3811 , July 20 13 Oomestlo Return Receipt
EXHIBIT
I t;_
From :
To :
Subject:
Date;
Njck Marx
Kathy A. East !ey
chevron pipeline
Tu esda y, Februa ry 11 , 2014 3:02 :59 PM
I have reviewed the pipeline proposal and with their plan to stay within the right of
way of a previous pipeline I see no problem with the project.
Nick Marx
DeBeque Fire Chief
EXHIBIT
I F
Garfield County
VeRefation M<tnaRement
February 25, 2014
Kathy Eastley
Garfield County Community Development Department
RE : Chevron Piceance Interim Sates Line POPA 7804
Dear Kathy,
The Weed Management Plan is acceptable. The Reclamatlon Plan is missing the proposed seed mixes . I did call Julie
Justus about the seed mixes and she is contacting Chevron's ranch manager to get that Information to us.
The applicant has pointed out that Garfield County retains a revegetation bond for a 30-lnch pipeline ROW completed in
2007 , In the amount of $275 ,750 . I discussed that with Ms . Justus and we have made arrangements to Inspect -the 200 7
revegetat ion work as soon as site conditions allow this spring . As stated in the application, about 4.9 miles of the 2007
ROW would be re-disturbed as a result of the proposed project. Approximately 1. 9 miles of the new pipeline deviates
from the old, 30 Inch ROW. For this reason, staff proposes for revegetation security purposes, to treat these as two
separate projects until this spring, when a revegetation security site inspection on the 2007 project may be done .
The surface area to be reseeded has been quantified as 69.48 acres . Staff recommends a revegetation security of
$173 ,700 (69.48 acres x $2,500 per acre).
The security shall be held by Garfield County until vegetation has been successfully reestablished according to the
Reclamation Standards section in the Garfield County Weed Management Plan . The Reclamation Standards at the date
of permit Issuance are cited In Sections 4.06 , 4.07 and 4.08 of the Garfield County Weed Management Plan (Resolution
#2002-94).
Please let me know if you have any questions .
sdb ·01?~ ~~
Steve Anthony
Garfield County Vegetation Manager
0375 County Road 352, Bldg 2080
Rlfle, CO 81850 Phone: 970 ·945·1377 x 4305 Fax: 970·625-5939
MOUNT/\IN CROSS
~NlilN~~RIN<i, INC.
Civil and Envi ronmental Consulting and Design
EXHIBIT
February 25, 2014
Ms. Kathy Eastley
Garfield County Planning
108 81h Street, Suite 401
Glenwood Springs, CO 81601
RE: Review of Chevron Piceance Interim Sales Line: PDP A 7804
Dear Kathy:
This office has performed a review of the documents provided for the Chevron Pic eance Interim
Sales Li ne Pipeline Development Application. The submittal was found to be thorough and well
organized. The following comments were generated:
1. The Applicant proposes to use the previous revegetation bond from the construction of the
30" pipeline as security for the proposed project. This would only be allowabl e, practically
speaking, if the security is no longer necessary for the previous project. The Applicant
should provide evidence that this secu rity could be released. County legal staff would need
to determine if transferring of this security is permissible from one project to anothe r.
2. The Sensitive Area Survey identified two locations where wetlands might be impacted. The
narrative only mentions the crossing with Weisse Creek. The Applicant should provide
evidence of coordination with the Army Corps of Engineers to address wetland impacts due
to construction.
Feel free to call if you have any questions or comm ents.
826 % Grand Avenue , Glenwood Springs, CO 81601
P: 970 .945.5544 F: 970.945.5558 www.mountaincross-eng.com
G
From:
To:
Subject:
Date :
Thank you Kathy ,
JUSTUS. JULIE A
Kathy A. East!ey
RE: Pipeline Appl!catlon
Wednesday, February 26, 2014 10 :10:44 AM
In response to referral questions and concerns, Chevron offers the followlng:
EXHIBIT
j H
Mr. Hale expressed concern over the wetland areas as described In the Westwater Engineering
(WWE) Sensitive Area Survey. The wetland areas Identified In that survey would be avoided altogether
by the 1.9 mile reroute along Trail Ridge Road . As described In the appilcatlon, Chevron deviated from
the 30-lnch ROW at that location specifically to avoid construct ion on the steep slopes In this area, and
by doing so also avoided any Impact to these water resources. WWE surveyed both routes for project
planning purposes and Chevron selected the Trial Ridge route because It Is the path of least
disturbance . The wetland areas will not be Impacted In any way by the proposed plpellne. The only
Corp of Engineers jurlsdlctlonal water crossing would be at Wlesse Creek. Permitting for that crossing
Is currently In progress.
I have had conversations with Steve Anthony as to how best to address the existing bond for the 30-
lnch pipeline and we are In agreement that the bonding of the new pipeline disturbance would be
treated as a separate project. Mr . Anthony will assess the revegetatlon on the 30-lnch ROW prior to
start of construction on the proposed pipeline to determine whether the 30-lnch bond can be released.
In any event, Chevron wou ld provide the County with a new bond for the proposed 8-lnch pipeline In
the amount of $173,700.
I will meet with Chevron's ranch manager to select a seed mix appropriate to the elevatlon and location
and will provide that to Mr. Anthony for review and comment within the next week .
Ple as e let me know If there Is anything else you need,
Julle Justus
Regulatory/Health/ Environment Specialist
MldContlnenUAlaska
Chevron North America Exploration and Production
760 Horizon Drive
Grand Junction CO 81506
Tel 970 257 6042
Cell 970 589 5036
jju st us@c beyro n.co m
From: Kathy A. Eastley [mallto:keastley@garfleld -county.com]
Sent: Wednesday, February 26, 2014 7:47 AM
To: JUSTUS, JULIE A
Subject: Pipeline Application
Good morning Julie,
Attached are some refer rals that we rece ived on the pipeline.
Kathy Eastley , AICP
Senior Planner
Garfield County Community Development
108 8th Street, #401
Glenwood Springs , CO 81601
Phone : 970-945 -1377 ext. 1580
Fax : 970-384 -3470
keastley@garfjeld-county co m
EXHIBIT
I 0
STATE OF COLO
John W. Hickenlooper, Governor
Larry Wolk, MD, MSPH
Executive Director and Ch ief Medical Officer
Dedicated to protecting and improving the health and environment of the peopl e of Colorado
4300 Cherry Cree k Dr. S.
Den ver, Colorado 80246-15 30
Phone(303)692-2000
Located in Glendale, Colorado
www.co lorado .gov/cdph e
January 31, 20 14
Chandra Sripadam
Chevron USA
1400 Smith Street
Houston, TX 77002
RE : Land Development GP03 General Permit Approval for Package #300945
Dear Mr. Sripadam,
Colorado Department
of Public Health
and Environment
The Colorado Air Pollution Control Division approves land development general permit registration for the
sites listed in the table below. Please r efer to general permit GP03 for all appli cab le requirements,
limitation s , terms and conditions. A copy of the general permit may be obtained via the internet at the
fo llowing web address :
http://www.cdphe.state.co. u s/ap/conperm . html
AIRS ID Site Name Actual Location City County
046/0064/00 1 Pi ceance Interim Sa les Line Sec 36 T5S R98W -Garfield
If yo u have any questions regarding thi s letter, please contact me directly at (303)691-4093.
Sincerely,
Jonathan Bri ckey
Permit En gineer
Stationary Sou r ces Program
Air Pollution Control Division
046100641001
Approval
Expiration
11/12/2018
12 :00:00 AM
Page 1 of 1
Date
Jul-2013
Feb-2014
ADMINISTRATIVE LOG
SKINNER RIDGE AND SOUTH CANYON
CHEVRON U.S.A. INC.
Training, SWMP Revisi ons or Updates Comments
SWMP re-write SWMP into new format (administr ative IOQ added); South Canvon area added
8" P iceance Interi m Sales Pipeline added. SWMP maps, acreage, soils, and
vegetation updated. Location of inspection reports and s ite maps changed to
St ormPro Max database. Minor revisions to site map section and final
SWMP uodates stabilization section in narrative.
tabblcS"
m
r i
=i
Chevron ~ CJ Stttl eont..inment c::::::> Or•IMC• Olp SITE.~
30• EXPORT ANO a• PICEANCE INTERIM SALES
• 7eo Hortzon OllVe, Su~e .01 ---ConSINdion BOl.fldary + Wellhe•d • sedimentT~ PIPELINES
Gtand Junction. co 81 506 -DiYersioo 0 Tant ~ Armor.cl s.d. Trap SKINNER RIDGE
TEL 970.257.6074 CHEVRON U.S. A . INC. -Wattle b,. l a trine G~vcled Surface GARFELD COUNTY, COLORADO L..---< -Eanhen Benn 6 FuelStonce D Rode Rundown S ITE LEGAL LOCATION:
Check Dam h ~ I ""Slope D ECB SWNW SECTION 3 TO SWNW SECTION 31 ,
TOWNSHIP 5S, RANGE 97W
O\.oLssoN 7:-~£:~::: I -Velocity Control Dam Thin Cut s iop. c::;:i c~i.en
~ Hay Bales "'''' FBSiop. ;;;; lnk!t/Outfot Protection e-Revision Date: 02/25/20 14 SBS A SS 0 CI ATE S ~AX 9'70.2113.T--Slash ~ ThinfillSlope s --to<
U S Army Corps of
Engineers
Sacramento District
Nationwide
Permit Summary
33 CFR Part 330; Issuance of Nationwide
Permits -March 19, 2012
12. Utility Line Activities. Activities required for the
constmction, maintenance , repa ir, and removal of utility lines
and associated facilitie s in waters of the United States, provided
the activity does not re sult in the loss of greater than 1/2-acre of
waters of the United States for each single and complete project.
Utility lines: This NWP authorizes the construction,
maintenance, or repair of utility lines, including outfall and
intake structures, and the associated excavation, backfi ll , or
bedding for the utility lines, in all waters of the United States,
provided there is no change in pre-construction contours. A
"utility line" is defined as any pipe or pipeline for the
transportation of any gaseous, liquid , liquescent, or s lurry
substance, for any purpose, and any cable, line, or wire for the
trans mission for any purpose of electrical energy, tele phone, and
telegraph messages, and radio and television communication.
The term "utility line" does not include activities that drain a
water of the United States, such as drainage tile or french drains,
but it does apply to pipes conveying drainage from another area.
Material resulting from tren ch excavation may be temporarily
side cas t into waters of the United States for no mo re than th ree
months, provided the materia l is not placed in such a m a nner
that it is dis persed by c urrents or other forces. The district
en g ineer may extend the period of temporary side casting for no
more than a total of 180 days, where appropriate. In wetlands,
the top 6 to 12 inches of the trench should normally b e
backfilled with top soi l from the trench. The trench cannot be
constmcted or backfi ll ed in s uch a manner as to drain waters of
the United States (e.g., backfilling with extensive grave l layers,
creating a french drain effect). Any exposed s lopes and stream
banks must be stabili zed immediately upon completion of the
utility line crossing of each waterbody.
Uti li ty line substations: Thi s NWP authorizes the construction,
maintenance, or expansion of substation facilities assoc iate d
with a power line or utility line in non-tidal waters of th e Un ited
States, provided the activity, in combination with a ll other
activities included in one si ng le and complete project, does not
result in the lo ss of greater than 1/2-acre of waters of the United
States. This NWP does not authorize discharges into non-tida l
wet lands adjacent to tid al waters of the United States to
construct, maintain, or expand subs tation facilities.
Foundations for overhead utility line towers, poles. and anchors:
This NWP authorizes th e construction or maintenance of
foundations for overhead utili ty line to wers, poles, and anchors
in a ll waters of the United States, prov ided j
the min imum size necessary and separate ti
EXHIBIT
leg (rather than a larger si ng le pad) are use_~•••••••••~
Access roads: This NWP authorizes the construction of access
ro ads for the construction and maintenance of utility lines,
including overhead power lin es and utility line substations, in
non-tidal waters of the United State s, provided the activity, in
combination with all other acti v ities included in one s ingle a nd
comp lete project, does not cause the loss of greater than 1 /2-acre
of non-tidal waters of the United States. This NWP does not
authorize discharges into non-tidal wetlands adjacent to tidal
waters for access roads. Access roads must be the minimum
width necessary (see Note 2, below). Access roads must be
constructed so that the leng th of the road minimizes any adverse
effects on waters of the United States and must be as near as
possib le to pre-construction contours and elevations (e.g., at
grade corduroy roads or geotexti le/gravel roads). Access roads
constructed above pre-construction contours and e levations in
waters of the United States mu st be properly bridged or
culverted to maintain surface flows.
This NWP may authorize utility lines in or affecting navigable
waters of the Un ited States even if there is no associated
discharge of dredged or fill material (See 33 CFR Part 322).
Overhead utility lines constructed over s ection 10 waters and
utility lines that are routed in or under section I 0 waters without
a discharge of dredged or fill material require a section 10
permit.
This NWP a lso authorizes temporary stmctures, fills, and work
necessary to conduct the utility line activity. Appropriate
measures must b e taken to maintain normal down s tream flows
and minimize flooding to the ma x imum extent practicable, when
temporary struc tu res, work, and discharges, including
cofferdams , are necessary for con struction a c ti vities, access fills ,
or d ewatering of construction s ites. Temporary fills must consist
of materials , and be placed in a manner, that will not be eroded
by expected high flows. Temporary fills must be r e moved in
their ent irety and the affected a reas returned to pre-construction
e levations. The areas affected by temporary fills mus t b e
revegetated , as appropriate.
Notification : The permittee must submit a pre-constmcti on
notifi ca tion to the distri c t engineer prior to commencing the
activity if any of the fo llowing c riteria are met:
(1) the activity invol ves me chanized land clearing in a
forested wetland for the utility lin e ri ght-of-way;
(2) a section 10 permit is required ;
(3) the utility lin e in waters of the United States, excluding
overhead lines, exceeds 500 feet;
(4) th e utility line is placed within a jurisdictional area (i.e.,
water of th e United States), and it runs parallel to or a long a
s tream bed that is within that jurisdictional area;
BUILDING STRONG®
U.S . ARMY CORPS OF ENGINEERS -SACRAMENTO DISTRICT
1325 J ST. -SACRAMENTO, CA 958 14
www.spk.usace.army.m il
www.facebook .com/sacramentodistri ct
www.youtube.com/sacramentod istrict
www.twitter.com/USACESacramento
www. f l ickr. com/p hotos/sacra me ntodistri ct
Nationwide 12 Permit Summary
(5) discharges that result in the loss of greater than 1/10 -
acre of waters of the United States;
(6) permanent access roads are constructed above grade in
waters of the United States for a distance of more than 500
feet ; or
(7) pem1anent access roads are constructed in waters of the
United States with impervious materials. (See general
condition 31.) (Sections I 0 and 404)
Note 1: Where the proposed utility line is constructed or
installed in navigable waters of the United States (i.e., section I 0
waters) within the coastal United States, the Great Lakes, and
United States territories, copies of the pre-construction
notification and NWP verification will be sent by the Corps to
the National Oceanic and Atmospheric Administration (NOAA),
National Ocean Service (NOS), for charting the utility line to
protect naviga tion .
Note 2 : Access roads us ed for both construction and
maintenance may be authorized, provided they meet the term s
and conditions of this NWP. Access roads used solely for
construction of the utility line must be removed upon completion
of the work, in accordance with the requirements for temporary
fills .
Note 3 : Pipes or pipelines used to transport gaseous, liquid,
liquesce nt , or slurry substances over navigable waters of the
United States are considered to be bridges, not utility lines , and
may require a permit from the U.S. Coast Guard pursuant to
Section 9 of the Rivers and Harbors Act of 1899. However, any
discharges of dredged or fill material into waters of the United
States associated with s uch pipelines will require a section 404
p ermit (see NWP 15).
Note 4 : For overhead utility line s authorized by this NWP, a
copy of the PCN and NWP verification will be provided to the
Depa rtment o f D efense Siting Clearinghouse, which will
evaluate potential effects on military activities.
A. Regional Conditions
I. Regional Conditions for California, excluding the
Tahoe Basin
http://www. spk. usace.army.mil/Portals/ 12/ documents/regµ la
tory/nwp/20 12 nwps/20 12-NWP-RC-CA.pdf
2. Regional Conditions for Nevada, including the
Tahoe Basin
http://www.spk.usace.army.mil/Portals/12/documents/regula
tory/nwp/20 12 nwps/20 12-NWP-RC-NV.pdf
3. Regional Conditions for Utah
http://www.spk.usace.army.m il/Portals/12/documents/regula
tory/nwp/20 12 nwp s/2012-NWP-RC-UT.pdf
4. Regional Conditions for Colorado.
http://www.spk.usace.army.mil/Portals/12/documents/regula
tory/nwp/2012 nwps//2012-NWP-RC-CO.pdf
Page 2
8. Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the pro spective
permittee must comply with the following general conditions, as
applicable, in addition to any regional or case-specific conditions
imposed by the div is ion engineer or district engineer.
Prospective permittees should contact the appropriate Corps
district office to detem1ine if regional conditions have been
impose d on an NWP. Pro spective perm ittees should also contact
the appropriate Corps district office to determine the status of
Clean Water Act Section 401 water quality certification and/or
Coastal Zone Management Act consistency for an NWP. Every
person who may wish to obtain permit authorization under one
or more NWPs , or who is currently relying on an existing or
prior permit authorization under one or more NWPs, has been
and is on notice that all of the provisions of 33 CFR §§ 330.1
through 330.6 apply to every NWP au thori zation. Note
especially 33 CFR § 330.5 relating to the modification,
su spens ion, or revo cation of any NWP a uthori za tion.
0 I. Navigation .
0 (a) No activity may cause more than a minimal
adverse effect on navigation .
D (b) Any safety lights and signals prescr ibed by the
U.S. Coast Guard, through regul atio ns or otherwise, must
be installed and maintained at the p ermittee 's ex pense on
authorized facilities in navigable waters of the United
States.
D (c) The permittee unders tands and agrees that, if
future operations by the United States require the
removal , relocation, or oth er alteration, of the s tructure or
work herein authorized, or if, in the opinion of the
Secretary of the Anny or hi s authorized representative,
sa id structure or work sha ll cause unreasonable
obstruction to the fre e navigation of th e nav iga ble waters,
the pem1ittee will be required , upon due notice from the
Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without
expense to the United States. No claim s hall be made
against the United States o n account of any such removal
or a lteration.
0 2. Aquatic Life Movements. No activity may
substantially disrupt the necessary life cycle movements of those
spec ies of aquatic life indigenous to the waterbody, including
those species that normally migrate through the area, unless the
activity's primary purpose is to impound water. All permanent
and temporary crossings ofwaterbodies shall be s uitably
cu lverted, bridged, or otherwise designed a nd constructed to
maintain low flow s to sustain the movement of those aquatic
s pecies.
0 3. Spawning Areas. Activities in s paw ning areas during
s pawning seasons mu st be avoided to the maximum extent
practi cable . Activities th at result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by
substantial turbidity) of an important spawning area are not
authori zed.
0 4. Migratory Bird Breeding Areas. Activities in waters
of the United States that serve as breeding areas for migratory
birds must be avoided to the max imum extent practicable.
Nationwide 12 Permit Summary
0 5. Shellfish Beds. No activity may occur in areas of
concentr'!,ted shellfish populations, unless the activity is directly
related to a shellfish harvesting activity authorized by NWPs 4
and 48, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.
0 6. Suitable Material. No activity may use unsuitable
material (e.g., trash, debris, car bodies, asphalt, etc.). Material
used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water
Act).
0 7. Water Supply Intakes. No activity may occur in the
proximity of a public water supply intake, except where the
activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
0 8. Adverse Effects From Impoundments. lfthe activity
creates an impoundment of water, adverse effects to the aquatic
system due to accelerating the passage of water, and/or
restricting its flow must be minimized to the maximum extent
practicable.
0 9. Management of Water Flows. To the maximum extent
practicable, the pre-construction course, condition, capacity, and
location of open waters must be maintained for each activity,
including stream channelization and storm water management
activities, except as provided below. The activity must be
constructed to withstand expected high flows. The activity must
not restrict or impede the passage of normal or high flows,
unless the primary purpose of the activity is to impound water or
manage high flows. The activity may alter the pre-construction
course, condition, capacity, and location of open waters if it
benefits the aquatic environment (e.g., stream restoration or
relocation activities).
0 I 0. Fills Within 100-Year Floodplains. The activity must
comply with applicable FEMA-approved state or local
floodplain management requirements.
0 11. Equipment. Heavy equipment working in wetlands or
mudflats must be placed on mats, or other measures must be
taken to minimize soil disturbance.
0 12. Soil Erosion and Sediment Controls. Appropriate soil
erosion and sediment controls must be used and maintained in
effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the
ordinary high water mark or high tide line, must be permanently
stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States
during periods of low-flow or no-flow.
D 13. Removal of Temporary Fills. Temporary fills must be
removed in their entirety and the affected areas returned to pre-
construction elevations. The affected areas must be revegetated,
as appropriate.
D 14. Proper Maintenance. Any authorized structure or fill
shall be properly maintained, including maintenance to ensure
public safety and compliance with applicable NWP general
conditions, as well as any activity-specific conditions added by
the district engineer to an NWP authorization.
0 15. Single and Complete Project. The activity must be a
single and complete project. The same NWP cannot be used
more than once for the same single and complete project.
Page 3
D 16. Wild and Scenic Rivers. No activity may occur in a
component of the National Wild and Scenic River System, or in
a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official
study status, unless the appropriate Federal agency with direct
management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the
Wild and Scenic River designation or study status. Information
on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency responsible for the designated
Wild and Scenic River or study river (e.g., National Park
Service, U.S. Forest Service, Bureau of Land Management, U.S.
Fish and Wildlife Service).
D 17. Tribal Rights. No activity or its operation may impair
reserved tribal rights, including, but not limited to, reserved
water rights and treaty fishing and hunting rights.
D 18. Endangered Species.
D (a) No activity is authorized under any NWP which
is likely to directly or indirectly jeopardize the continued
existence of a threatened or endangered species or a
species proposed for such designation, as identified under
the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized
under any NWP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing
the effects of the proposed activity has been completed.
D (b) Federal agencies should follow their own
procedures for complying with the requirements of the
ESA. Federal permittees must provide the district
engineer with the appropriate documentation to
demonstrate compliance with those requirements. The
district engineer will review the documentation and
determine whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional
ESA consultation is necessary.
D (c) Non-federal permittees must submit a pre-
construction notification to the district engineer if any
listed species or designated critical habitat might be
affected or is in the vicinity of the project, or ifthe project
is located in designated critical habitat, and shall not
begin work on the activity until notified by the district
engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities
that might affect Federally-listed endangered or
threatened species or designated critical habitat, the pre-
construction notification must include the name(s) of the
endangered or threatened species that might be affected
by the proposed work or that utilize the designated critical
habitat that might be affected by the proposed work. The
district engineer will determine whether the proposed
activity "may affect" or will have "no effect" to listed
species and designated critical habitat and will notify the
non-Federal applicant of the Corps' determination within
45 days of receipt of a complete pre-construction
notification. In cases where the non-Federal applicant has
identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so
notified the Corps, the applicant shall not begin work until
the Corps has provided notification the proposed activities
Nationwid e 12 Permit Summary
will have "no effect" on listed species or critical habitat ,
or until Secti on 7 consultation has been completed. If the
non-Federal applicant has not heard back from the Corps
within 45 days, the applicant must sti ll wait for
notification from the Corps.
D (d)As a result of formal or informal consultation
with the FWS or NMFS the district engineer may add
species-specific regional endangered s pecies conditions to
the NWPs.
D (e) Authorization of an activity by a NWP does not
authorize the "take" of a threatened or endangered species
as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a
Biological Opinion with "incidental take" provisions, etc.)
from the U.S. FWS or the NMFS, The Endangered
Species Act prohibits any person subject to the
jurisdiction of th e United States to take a li sted species,
where "take" mean s to harass, harm, pursue, hunt , shoot,
wound, kill , t rap , capture, or collect, or to attempt to
engage in any such conduct. The word "harm" in the
definition of"take" mean s an act which actually ki ll s or
injures wildlife. Such an act may include significant
habitat modification or degradation where it actually ki lls
or injures wildlife by s ignificantly impairing essential
behavioral patterns, including breeding, feeding or
sheltering.
D (t) In formation on the location of threatened
and endangered species and their critical habitat can be
obtained directly from the offices of the U.S . FWS and
NMFS or their world wide web pages at
http ://www.fws.gov/ or http ://www.fws.gov/ipac and
httn ://www.noaa .gov/fisheri es.html respectively.
D 19. Migratory Birds and Bald and Golden Eagles. The
permittee is re spons ible for obtaining any "take" permit s
required under the U .S. Fish and Wildlife Service's regulation s
governing compliance with the Migratory Bird Treaty Act or the
Bald and Go lden Eagle Protection Act. The permittee s hould
contact th e appropriate loca l office of the U.S. Fish and Wildlife
Service to determine if such "take" permits are required for a
particular activity.
D 20. Historic Properties.
D (a) In cases where the district engineer determines
that the activity may affect properties li sted, or eligible for
li s ting , in the National Register of Historic Places, the
activ ity is not authorized, until the requirements of
Section 10 6 of th e National Historic Preservation Act
(NHPA) have been satisfied.
D (b) Federal permittees shou ld follow th eir own
procedures for complying w ith the requirements of
Section 106 of the National Hi storic Preservation Act.
Fed era l permittees must provide the district engineer with
the a ppropri ate documentation to demonstrate co mpliance
with those requirement s. The di strict engineer will review
the document ation a nd determine whether it is s ufficient
to address sec ti on I 06 compliance for the NWP activity,
or whether additiona l section I 06 consultation is
necessary.
Pa ge 4
D (c) Non-federal permittees mu st s ubmit a pre-
construction notificati o n to th e dis trict engineer if the
authorized activity may have the potentia l to cau se effects
to any hi s toric properties listed on, determined to be
e ligible for li sting on, or potenti a lly e li gible for li s ting on
the National Register of Hi s toric Pla ces, including
previous ly unidentified properties. For s uch activities, the
pre-construction notification must state which hi s toric
properties may be affected by the proposed work or
include a vicinity map indicating the location of the
hi storic properties or the potential for the presence of
historic properties. Assistanc e regarding infom1ation on
the location of or potential for the presence of historic
resources can be so ught from th e State Hi storic
Preservation Officer or Triba l Historic Preservation
Officer, as appropriate , and th e National Register of
Historic Places (see 33 CFR 330.4(g)). When reviewing
pre-construction notifications, dist ri ct e ngineers will
comp ly with the current procedures for addressing the
requ irements of Section 106 of the National Hi s toric
Preservation Act. The district e ng ineer s hall make a
reasonable and good faith effort to carry out appropriate
identification efforts, which may include background
research, consultation, oral hi story interviews, sample
field investigation, and field s urvey. Based on the
information submitted and these efforts, the district
engineer shall detem1ine whether the proposed ac tivity
has the potential to cause an effect on the h istoric
properties. Where the non-Federal app li cant has identified
historic properties on which the activity may have the
potential to cause effect s and so notified the Corps, the
non-Federal applicant s ha ll not begin the activity until
notified by the district engineer e ither that the activity has
no potential to cause eftects or that consultation under
Section 106 of the NHPA has been completed .
D (d) The dis tri ct engineer will notify the prospective
pem1ittee within 45 days of receipt of a complete pre-
construction notificat ion whether NHPA Sec tion I 06
con sultation is required. Section 106 consultation is not
required when the Corps determines that the activity does
not have the potential to cause effects on hi storic
properties (see 36 CFR §800.3(a)). IfNHPA section 106
consu ltation is required and wi ll occur, the district
engineer will notify the non-Federal a pplicant that he or
she cannot begin work until Section I 06 consu lt ation is
completed. If the non-Federal app li cant has not heard
back from the Corps within 45 days, the applicant must
still wait for notificat ion from the Corps.
D (e) Prospective permittees s hould b e aware tha t
section l IOk of the NHPA (16 U.S.C . 470h-2(k)) prevents
the Corps from gran ting a permit or o th er assistance to an
appl ic ant who, with intent to avoid the requirements of
Section 106 of the NHPA, has inte ntionall y significantly
adversely affected a his toric property to which the permit
wou ld relate, or having lega l power to preve nt it, a ll owed
such s ignificant adverse effect to occur, unless the Corps,
after consultation with the Advi sory Council on Historic
Preservation (ACHP), detennines that c ircumstances
justify grantin g such assistance despite the adverse effect
created or permitted by the app li ca nt. If circumstances
justify grant ing the assistance, the Corps is required to
Nationwide 12 Permit Summary
notify the ACHP and provide documentation specifying
the circumstances, the degree of damage to the integrity
of any historic properties affected, and proposed
mitigation. This documentation must include any views
obtained from the applicant, SHPO/THPO, appropriate
Indian tribes if the undertaking occurs on or affects
historic properties on tribal lands or affects properties of
interest to those tribes, and other parties known to have a
legitimate interest in the impacts to the pennitted activity
on historic properties.
0 21. Discovery of Previously Unknown Remains and
Artifacts. If you discover any previously unknown historic,
cultural or archeological remains and artifacts while
accomplishing the activity authorized by this pennit, you must
immediately notify the district engineer of what you have found,
and to the maximum extent practicable, avoid construction
activities that may affect the remains and artifacts until the
required coordination has been completed. The district engineer
will initiate the Federal, Tribal and state coordination required to
determine if the items or remains warrant a recovery effort or if
the site is eligible for listing in the National Register of Historic
Places.
0 22. Designated Critical Resource Waters. Critical
resource waters include, NOAA-managed marine sanctuaries
and marine monuments, and National Estuarine Research
Reserves. The district engineer may designate, after notice and
opportunity for public comment, additional waters officially
designated by a state as having particular environmental or
ecological significance, such as outstanding national resource
waters or state natural heritage sites. The district engineer may
also designate additional critical resource waters after notice and
opportunity for public comment.
0 (a) Discharges of dredged or fill material into
waters of the United States are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50,
51, and 52 for any activity within, or directly affecting,
critical resource waters, including wetlands adjacent to
such waters.
0 (b) For NWPs 3, 8, JO, 13, 15, 18, 19, 22, 23, 25, 27,
28, 30, 33, 34, 36, 37, and 38, notification is required in
accordance with general condition 31, for any activity
proposed in the designated critical resource waters
including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only
after it is detennined that the impacts to the critical
resource waters will be no more than minimal.
0 23. Mitigation. The district engineer will consider the
following factors when detennining appropriate and practicable
mitigation necessary to ensure that adverse effects on the aquatic
environment are minimal:
0 (a) The activity must be designed and constructed
to avoid and minimize adverse effects, both temporary
and pennanent, to waters of the United States to the
maximum extent practicable at the project site (i.e., on
site).
Page 5
0 (b) Mitigation in all its fonns (avoiding, minimizing,
rectifying, reducing, or compensating for resource losses)
will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
D (c) Compensatory mitigation at a minimum one-for-
one ratio will be required for all wetland losses that
exceed 1/10-acre and require pre-construction
notification, unless the district engineer determines in
writing that either some other fonn of mitigation would
be more environmentally appropriate or the adverse
effects of the proposed activity are minimal, and provides
a project-specific waiver of this requirement. For wetland
losses of I/I 0-acre or less that require pre-construction
notification, the district engineer may detennine on a
case-by-case basis that compensatory mitigation is
required to ensure that the activity results in minimal
adverse effects on the aquatic environment.
Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the
applicable provisions of 33 CFR part 332.
0 (!)The prospective pennittee is responsible for
proposing an appropriate compensatory mitigation
option if compensatory mitigation is necessary to
ensure that the activity results in minimal adverse
effects on the aquatic environment.
0 (2) Since the likelihood of success is greater and
the impacts to potentially valuable uplands are
reduced, wetland restoration should be the first
compensatory mitigation option considered.
0 (3)Ifpennittee-responsible mitigation is the
proposed option, the prospective pennittee is
responsible for submitting a mitigation plan. A
conceptual or detailed mitigation plan may be used
by the district engineer to make the decision on the
NWP verification request, but a final mitigation plan
that addresses the applicable requirements of 33 CFR
332.4(c)(2)-(14) must be approved by the district
engineer before the permittee begins work in waters
of the United States, unless the district engineer
detennines that prior approval of the final mitigation
plan is not practicable or not necessary to ensure
timely completion of the required compensatory
mitigation (see 33 CFR 332.3(k)(3)).
0 (4)Ifmitigation bank or in-lieu fee program
credits are the proposed option, the mitigation plan
only needs to address the baseline conditions at the
impact site and the number of credits to be provided.
0 (5) Compensatory mitigation requirements (e.g.,
resource type and amount to be provided as
compensatory mitigation, site protection, ecological
performance standards, monitoring requirements)
may be addressed through conditions added to the
NWP authorization, instead of components of a
compensatory mitigation plan.
Nationwide 12 Pennit Summary
D (d) For losses of streams or other open waters that
require pre-construction notification, the district engineer
may require compensatory mitigation, such as stream
rehabilitation, enhancement, or preservation, to ensure
that the activity results in minimal adverse effects on the
aquatic environment.
D (e) Compensatory mitigation will not be used to
increase the acreage losses allowed by the acreage limits
of the NWPs. For example, ifan NWP has an acreage
limit of 1/2-acre, it cannot be used to authorize any
project resulting in the loss of greater than 1/2-acre of
waters of the United States, even if compensatory
mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can
and should be used, as necessary, to ensure that a project
already meeting the established acreage limits also
satisfies the minimal impact requirement associated with
the NWPs.
D (f) Compensatory mitigation plans for projects in or
near streams or other open waters will normally include a
requirement for the restoration or establishment,
maintenance, and legal protection.( e.g., conservation
easements) of riparian areas next to open waters. In some
cases, riparian areas may be the only compensatory
mitigation required. Riparian areas should consist of
native species. The width of the required riparian area will
address documented water quality or aquatic habitat loss
concerns. Normally, the riparian area will be 25 to 50 feet
wide on each side of the stream, but the district engineer
may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is
not possible to establish a riparian area on both sides of a
stream, or if the waterbody is a lake or coastal waters,
then restoring or establishing a riparian area along a
single bank or shoreline may be sufficient. Where both
wetlands and open waters exist on the project site, the
district engineer will determine the appropriate
compensatory mitigation (e.g., riparian areas and/or
wetlands compensation) based on what is best for the
aquatic environment on a watershed basis. In cases where
riparian areas are determined to be the most appropriate
form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland
compensatory mitigation for wetland losses.
D (g) Permittees may propose the use of mitigation
banks, in-lieu fee programs, or separate pennittee-
responsible mitigation. For activities resulting in the loss
of marine or estuarine resources, permittee-responsible
con1pensatory mitigation may be environmentally
preferable if there are no mitigation banks or in-lieu fee
programs in the area that have marine or estuarine credits
available for sale or transfer to the permittee. For
permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or
parties responsible for the implementation and
performance of the compensatory mitigation project, and,
if required, its long-term management.
Page 6
(h) Where certain functions and services of waters of the
United States are permanently adversely affected, such as
the conversion of a forested or scrub-shrub wetland to a
herbaceous wetland in a permanently maintained utility
line right-of-way, mitigation may be required to reduce
the adverse effects of the project to.the minimal level.
D 24. Safety of Impoundment Structures. To ensure that all
impoundment structures are safely designed, the district engineer
may require non-Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or
have been designed by qualified persons. The district engineer
may also require documentation that the design has been
independently reviewed by similarly qualified persons, and
appropriate modifications made to ensure safety.
D 25. Water Quality. Where States and authorized Tribes, or
EPA where applicable, have not previously certified compliance
ofan NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR
330.4(c)). The district engineer or State or Tribe may require
additional water quality management measures to ensure that the
authorized activity does not result in more than minimal
degradation of water quality.
D 26. Coastal Zone Management. In coastal states where an
NWP has not previously received a state coastal zone
management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or
a presumption of concurrence must occur (see 33 CFR 330.4( d)).
The district engineer or a State may require additional measures
to ensure that the authorized activity is consistent with state
coastal zone management requirements.
D 27. Regional and Case-By-Case Conditions. The activity
must comply with any regional conditions that may have been
added by the Division Engineer (see 33 CFR 330.4( e)) and with
any case specific conditions added by the Corps or by the state,
Indian Tribe, or U.S. EPA in its section 401 Water Quality
Certification, or by the state in its Coastal Zone Management
Act consistency determination.
D 28. Use of Multiple Nationwide Permits. The use of
more than one NWP for a single and complete project is
prohibited, except when the acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit
of the NWP with the highest specified acreage limit. For
example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP
13, the maximum acreage loss of waters of the United States for
the total project cannot exceed l/3-acre.
D 29. Transfer of Nationwide Permit Verifications. If the
permittee sells the property associated with a nationwide permit
verification, the pennittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the
appropriate Corps district office to validate the transfer. A copy
of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and
signature:
Nationwide 12 Permit Summary
"When the structures or work authorized by this
nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this
nationwide permit, including any special conditions, will
continue to be binding on the new owner( s) of the
property. To validate the transfer of this nationwide
permit and the associated liabilities associated with
compliance with its terms and conditions, have the
transferee sign and date below."
(Transferee)
(Date)
D 30. Compliance Certification. Each permittee who
receives an NWP verification letter from the Corps must provide
a signed certification documenting completion of the authorized
activity and any required compensatory mitigation. The success
of any required permittee responsible mitigation, including the
achievement of ecological performance standards, will be
addressed separately by the district engineer. The Corps will
provide the permittee the certification document with the NWP
verification letter. The certification document will include:
D (a) A statement that the authorized work was done
in accordance with the NWP authorization, including any
general, regional, or activity-specific conditions;
D (b) A statement that the implementation of any
required compensatory mitigation was completed in
accordance with the permit conditions. If credits from a
mitigation bank or in-lieu fee program are used to satisfy
the compensatory mitigation requirements, the
certification must include the documentation required by
33 CFR 332.3(1)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
D (c) The signature of the permittee certifying the
completion of the work and mitigation.
D 31. Pre-Construction Notification.
D (a) Timing. Where required by the terms of the
NWP, the prospective permittee must notify the district
engineer by submitting a pre-construction notification
(PCN) as early as possible. The district engineer must
determine if the PCN is complete within 30 calendar days
of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective pennittee within that
30 day period to request the additional information
necessary to make the PCN complete. The request must
specify the information needed to make the PCN
complete. As a general rule, district engineers will request
additional information necessary to make the PCN
complete only once. However, ifthe prospective
permittee does not provide all of the requested
infonnation, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and
the PCN review process will not commence until all of
the requested information has been received by the district
engineer. The prospective permittee shall not begin the
activity until either:
Page 7
D ( 1) He or she is notified in writing by the
district engineer that the activity may proceed under
the NWP with any special conditions imposed by the
district or division engineer; or
D (2) 45 calendar days have passed from the
district engineer's receipt of the complete PCN and
the prospective permittee has not received written
notice from the district or division engineer.
However, ifthe pennittee was required to notify the
Corps pursuant to general condition 18 that listed
species or critical habitat might be affected or in the
vicinity of the project, or to notify the Corps pursuant
to general condition 20 that the activity may have the
potential to cause effects to historic properties, the
permittee cannot begin the activity until receiving
written notification from the Corps that there is "no
effect" on listed species or "no potential to cause
effects" on historic properties, or that any
consultation required under Section 7 of the
Endangered Species Act (see 33 CFR 330.4(!))
and/or Section 106 of the National Historic
Preservation (see 33 CFR 330.4(g)) has been
completed. Also, work cannot begin under NWPs 21,
49, or 50 until the permittee has received written
approval from the Corps. If the proposed activity
requires a written waiver to exceed specified limits of
an NWP, the pennittee may not begin the activity
until the district engineer issues the waiver. If the
district or division engineer notifies the permittee in
writing that an individual permit is required within 45
calendar days of receipt ofa complete PCN, the
pennittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the
permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2) ..
D (b) Contents of Pre-Construction Notification: The
PCN must be in writing and include the following
information:
D (1) Name, address and telephone numbers of
the prospective permittee;
D (2) Location of the proposed project;
D (3) A description of the proposed project; the
project's purpose; direct and indirect adverse
environmental effects the project would cause,
including the anticipated amount of loss of water of
the United States expected to result from the NWP
activity, in acres, linear feet, or other appropriate unit
of measure; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to
be used to authorize any part of the proposed project
or any related activity. The description should be
sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will
be minimal and to determine the need for
compensatory mitigation. Sketches should be
provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches
usually clarify the project and when provided results
in a quicker decision. Sketches should contain
Nationwide 12 Permit Summary
sufficient detail to provide an illustrative description
of the proposed activity (e.g., a conceptual plan), but
do not need to be detailed engineering plans);
D (4) The PCN must include a delineation of
wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial,
intennittent, and ephemeral streams, on the project
site. Wetland delineations must be prepared in
accordance with the current method required by the
Corps. The permittee may ask the Corps to delineate
the special aquatic sites and other waters on the
project site, but there may be a delay if the Corps
does the delineation, especially ifthe project site is
large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by
the Corps, as appropriate;
D (5) If the proposed activity will result in the
loss of greater than I/IO-acre of wetlands and a PCN
is required, the prospective permittee must submit a
statement describing how the mitigation requirement
will be satisfied, or explaining why the adverse
effects are minimal and why compensatory
mitigation should not be required. As an alternative,
the prospective pennittee may submit a conceptual or
detailed mitigation plan.
D (6) If any listed species or desiguated critical
habitat might be affected or is in the vicinity of the
project, or if the project is located in desiguated
critical habitat, for non-Federal applicants the PCN
must include the name(s) of those endangered or
threatened species that might be affected by the
proposed work or utilize the desiguated critical
habitat that may be affected by the proposed work.
Federal applicants must provide documentation
demonstrating compliance with the Endangered
Species Act; and
D (7) For an activity that may affect a historic
property listed on, determined to be eligible for
listing on, or potentially eligible for listing on, the
National Register of Historic Places, for non-Federal
applicants the PCN must state which historic property
may be affected by the proposed work or include a
vicinity map indicating the location of the historic
property. Federal applicants must provide
documentation demonstrating compliance with
Section 106 of the National Historic Preservation
Act.
D (c) Form of Pre-Construction Notification: he
standard individual permit application form (Form ENG
4345) may be used, but the completed application form
must clearly indicate that it is a PCN and must include all
of the information required in paragraphs (b )(I) through
(7) of this general condition. A letter containing the
required information may also be used.
D (d) Agency Coordination:
D (I) The district engineer will consider any
comments from Federal and state agencies
Page 8
concerning the proposed activity's compliance with
the terms and conditions of the NWPs and the need
for mitigation to reduce the project's adverse
environmental effects to a minimal level.
D (2) For all NWP activities that require pre-
construction notification and result in the loss of
greater than 112-acre of waters of the United States,
forNWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52
activities that require pre-construction notification
and will result in the loss of greater than 300 linear
feet of intennittent and ephemeral stream bed, and for
all NWP 48 activities that require pre-construction
notification, the district engineer will immediately
provide (e.g., via email, facsimile transmission,
overnight mail, or other expeditious manner) a copy
of the complete PCN to the appropriate Federal or
state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic
Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the
NMFS). With the exception ofNWP 37, these
agencies will have I 0 calendar days from the date the
material is transmitted to telephone or fax the district
engineer notice that they intend to provide
substantive, site-specific comments. The comments
must explain why the agency believes the adverse
effects will be more than minimal. If so contacted by
an agency, the district engineer will wait an
additional 15 calendar days before making a decision
on the pre-construction notification. The district
engineer will fully consider agency comments
received within the specified time frame concerning
the proposed activity's compliance with the terms
and conditions of the NWPs, including the need for
mitigation to ensure the net adverse environmental
effects to the aquatic environment of the proposed
activity are minimal. The district engineer will
provide no response to the resource agency, except as
provided below. The district engineer will indicate in
the administrative record associated with each pre-
construction notification that the resource agencies'
concerns were considered. For NWP 37, the
emergency watershed protection and rehabilitation
activity may proceed immediately in cases where
there is an unacceptable hazard to life or a significant
loss of property or economic hardship will occur. The
district engineer will consider any comments
received to decide whether the NWP 37 authorization
should be modified, suspended, or revoked in
accordance with the procedures at 33 CFR 330.5.
D (3) In cases of where the prospective permittee
is not a Federal agency, the district engineer will
provide a response to NMFS within 30 calendar days
of receipt of any Essential Fish Habitat conservation
recommendations, as required by Section
305(b)(4)(B) of the Maguuson-Stevens Fishery
Conservation and Management Act.
D (4) Applicants are encouraged to provide the
Corps with either electronic files or multiple copies
of pre-construction notifications to expedite agency
coordination.
Nationwide 12 Permit Summary
C. District Engineer's Decision
D 1. In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized
by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary
to the public interest. For a linear project, this determination
will include an evaluation of the individual crossings to
determine whether they individually satisfy the terms and
conditions of the NWP(s), as well as the cumulative effects
caused by all of the crossings authorized by NWP. If an
applicant requests a waiver of the 300 linear foot limit on
impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs I 3, 21,
29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer
will only grant the waiver upon a written determination that
the NWP activity will result in minimal adverse effects. When
making minimal effects determinations the district engineer
will consider the direct and indirect effects caused by the
NWP activity. The district engineer will also consider site
specific factors, such as the environmental setting in the
vicinity of the NWP activity, the type ofresource that will be
affected by the NWP activity, the functions provided by the
aquatic resources that will be affected by the NWP activity,
the degree or magnitude to which the aquatic resources
perform those functions, the extent that aquatic resource
functions will be lost as a result of the NWP activity (e.g.,
partial or complete loss), the duration of the adverse effects
(temporary or permanent), the importance of the aquatic
resource functions to the region (e.g., watershed or ecoregion),
and mitigation required by the district engineer. If an
appropriate functional assessment method is available and
practicable to use, that assessment method may be used by the
district engineer to assist in the minimal adverse effects
determination. The district engineer may add case-specific
special conditions to the NWP authorization to address site-
specific environmental concerns.
D 2. If the proposed activity requires a PCN and will
result in a loss of greater than Ii 10-acre of wetlands, the
prospective permittee should submit a mitigation proposal
with the PCN. Applicants may also propose compensatory
mitigation for projects with smaller impacts. The district
engineer will consider any proposed compensatory mitigation
the applicant has included in the proposal in determining
whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The
compensatory mitigation proposal may be either conceptual or
detailed. If the district engineer determines that the activity
complies with the terms and conditions of the NWP and that
the adverse effects on the aquatic environment are minimal,
after considering mitigation, the district engineer will notify
the perrnittee and include any activity-specific conditions in
the NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation requirements must
comply with the appropriate provisions at 33 CFR 332.3(k).
The district engineer must approve the final mitigation plan
before the permittee commences work in waters of the United
States, unless the district engineer determines that prior
approval of the final mitigation plan is not practicable or not
necessary to ensure timely completion of the required
compensatory mitigation. If the prospective permittee elects to
submit a compensatory mitigation plan with the PCN, the
Page 9
district engineer will expeditiously review the proposed
compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45
calendar days of receiving a complete PCN and determine
whether the proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net
adverse effects of the project on the aquatic environment (after
consideration of the compensatory mitigation proposal) are
determined by the district engineer to be minimal, the district
engineer will provide a timely written response to the
applicant. The response will state that the project can proceed
under the terms and conditions of the NWP, including any
activity-specific conditions added to the NWP authorization
by the district engineer.
D 3. If the district engineer determines that the adverse
effects of the proposed work are more than minimal, then the
district engineer will notify the applicant either: (a) That the
project does not qualify for authorization under the NWP and
instruct the applicant on the procedures to seek authorization
under an individual permit; (b) that the project is authorized
under the NWP subject to the applicant's submission of a
mitigation plan that would reduce the adverse effects on the
aquatic environment to the minimal level; or (c) that the
project is authorized under the NWP with specific
modifications or conditions. Where the district engineer
detennines that mitigation is required to ensure no more than
minimal adverse effects occur to the aquatic environment, the
activity will be authorized within the 45-day PCN period, with
activity-specific conditions that state the mitigation
requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the
applicant submit a mitigation plan that would reduce the
adverse effects on the aquatic environment to the minimal
level. When mitigation is required, no work in waters of the
United States may occur until the district engineer has
approved a specific mitigation plan or has determined that
prior approval of a final mitigation plan is not practicable or
not necessary to ensure timely completion of the required
compensatory mitigation.
D. Further Information
l. District Engineers have authority to determine if an
activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal,
state, or local permits, approvals, or authorizations required by
law.
3. NWPs do not grant any property rights or exclusive
privileges.
4. NWPs do not authorize any injury to the property or
rights of others.
5. NWPs do not authorize interference with any existing or
proposed Federal project.
E. Definitions
Best management practices (BMPs): Policies, practices,
procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from
development. BMPs are categorized as structural or non-
structural.
Nationwide 12 Permit Summary
Compensatory mitigation: The restoration (re-establishment
or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable
avoidance and minimization has been achieved. Currently
serviceable: Useable as is or with some maintenance, but not
so degraded as to essentially require reconstruction.
Direct effects: Effects that are caused by the activity and
occur at the same time and place.
Discharge: The term "discharge" means any discharge of
dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or
biological characteristics of an aquatic resource to heighten,
intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource
function(s), but may also lead to a decline in other aquatic
resource function(s). Enhancement does not result in a gain in
aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water
only during, and for a short duration after, precipitation events
in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water
for the stream. Runoff from rainfall is the primary source of
water for stream flow.
Establishment (creation): The manipulation of the physical,
chemical, or biological characteristics present to develop an
aquatic resource that did not previously exist at an upland site.
Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the
water's surface at the maximum height reached by a rising
tide. The high tide line may be determined, in the absence of
actual data, by a line of oil or scum along shore objects, a
more or less continuous deposit of fine shell or debris on the
foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that
delineate the general height reached by a rising tide. The line
encompasses spring high tides and other high tides that occur
with periodic frequency but does not include storm surges in
which there is a departure from the normal or predicted reach
of the tide due to the piling up of water against a coast by
strong winds such as those accompanying a hurricane or other
intense storm.
Historic Property: Any prehistoric or historic district, site
(including archaeological site), building, structure, or other
object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the
Interior. This term includes artifacts, records, and remains that
are related to and located within such properties. The term
includes properties of traditional religious and cultural
importance to an Indian tribe or Native Hawaiian organization
and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a
single and complete non-linear project in the Corps regulatory
program. A project is considered to have independent utility if
it would be constructed absent the construction of other
projects in the project area. Portions of a multi-phase project
that depend upon other phases of the project do not have
independent utility. Phases of a project that would be
constructed even ifthe other phases were not built can be
considered as separate single and complete projects with
independent utility.
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Indirect effects: Effects that are caused by the activity and are
later in time or farther removed in distance, but are still
reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing
water during certain times of the year, when groundwater
provides water for stream flow. During dry periods,
intermittent streams may not have flowing water. Runoff from
rainfall is a supplemental source of water for stream flow.
Loss of waters of the United States: Waters of the United
States that are permanently adversely affected by filling,
flooding, excavation, or drainage because of the regulated
activity. Permanent adverse effects include permanent
discharges of dredged or fill material that change an aquatic
area to dry land, increase the bottom elevation of a waterbody,
or change the use of a waterbody. The acreage of loss of
waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a
project may qualify for an NWP; it is not a net threshold that
is calculated after considering compensatory mitigation that
may be used to offset losses of aquatic functions and services.
The loss of stream bed includes the linear feet of stream bed
that is filled or excavated. Waters of the United States
temporarily filled, flooded, excavated, or drained, but restored
to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the
United States. Impacts resulting from activities eligible for
exemptions under Section 404(t) of the Clean Water Act are
not considered when calculating the loss of waters of the
United States.
Non-tidal wetland: A non-tidal wetland is a wetland that is
not subject to the ebb and flow of tidal waters. The definition
ofa wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of
the high tide line (i.e., spring high tide line).
Open \Vater: For purposes of the NWPs, an open water is any
area that in a year with normal patterns of precipitation has
water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic
vegetation within the area of standing or flowing water is
either non-emergent, sparse, or absent. Vegetated shallows are
considered to be open waters. Examples of "open waters"
include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is
a line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate
means that consider the characteristics of the surrounding
areas (see 33 CFR 328.3(e)).
Perennial stream: A perennial stream has flowing water year-
round during a typical year. The water table is located above
the stream bed for most of the year. Groundwater is the
primary source of water for stream flow. Runoff from rainfall
is a supplemental source of water for stream flow.
Nationwide 12 Permit Summary
Practicable: Available and capable of being done after taking
into consideration cost, existing technology, and logistics in
light of overall project purposes.
Pre-construction notification: A request submitted by the
project proponent to the Corps for confirmation that a
particular activity is authorized by nationwide permit. The
request may be a permit application, letter, or similar
document that includes information about the proposed work
and its anticipated environmental effects. Pre-construction
notification may be required by the terms and conditions of a
nationwide permit, or by regional conditions. A pre-
construction notification may be voluntarily submitted in cases
where pre-construction notification is not required and the
project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal ofa threat to, or preventing the
decline of, aquatic resources by an action in or near those
aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic
resources through the implementation of appropriate legal and
physical mechanisms. Preservation does not result in a gain of
aquatic resource area or functions.
Re-establishment: The manipulation of the physical,
chemical, or biological characteristics of a site with the goal of
returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former
aquatic resource and results in a gain in aquatic resource area
and functions.
Rehabilitation: The manipulation of the physical, chemical,
or biological characteristics of a site with the goal of repairing
natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function,
but does not result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or
biological characteristics of a site with the goal of returning
natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic
resource area, restoration is divided into two categories: re-
establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are
special aquatic sites under the 404(b)(I) Guidelines. Riffle and
pool complexes sometimes characterize steep gradient
sections of streams. Such stream sections are recognizable by
their hydraulic characteristics. The rapid movement of water
over a course substrate in riffles results in a rough flow, a
turbulent surface, and high dissolved oxygen levels in the
water. Pools are deeper areas associated with riffles. A slower
stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands adjacent to streams,
lakes, and estuarine-marine shorelines. Riparian areas are
transitional between terrestrial and aquatic ecosystems,
through which surface and subsurface hydrology connects
riverine, lacustrine, estuarine, and marine waters with their
adjacent wetlands, non-wetland waters, or uplands. Riparian
areas provide a variety of ecological functions and services
and help improve or maintain local water quality. (See general
condition 23.)
Pagel I
Shellfish seeding: The placement of shellfish seed and/or
suitable substrate to increase shellfish production. Shellfish
seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on
shell). Suitable substrate may consist of shellfish shells, shell
fragments, or other appropriate materials placed into waters
for shellfish habitat.
Single and complete linear project: A linear project is a
project constructed for the purpose of getting people, goods, or
services from a point of origin to a terminal point, which often
involves multiple crossings of one or more waterbodies at
separate and distant locations. The term "single and complete
project" is defined as that portion of the total linear project
proposed or accomplished by one owuer/developer or
partnership or other association of owners/developers that
includes all crossings ofa single water of the United States
(i.e., a single waterbody) at a specific location. For linear
projects crossing a single or multiple waterbodies several
times at separate and distant locations, each crossing is
considered a single and complete project for purposes ofNWP
authorization. However, individual channels in a braided
stream or river, or individual arms of a large, irregularly
shaped wetland or lake, etc., are not separate waterbodies, and
crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear
projects, the term "single and complete project" is defined at
33 CFR 330.Z(i) as the total project proposed or accomplished
by one owner/developer or partnership or other association of
owners/developers. A single and complete non-linear project
must have independent utility (see definition of"independent
utility"). Single and complete non-linear projects may not be
"piecemealed" to avoid the limits in an NWP authorization.
Stormwater management: Stormwater management is the
mechanism for controlling stormwater runoff for the purposes
of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in
land use on the aquatic environment.
Stormwater management facilities: Stormwater
management facilities are those facilities, including but not
limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time
to control runoff and/or improve the quality (i.e., by reducing
the concentration of nutrients, sediments, hazardous
substances and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the
ordinary high water marks. The substrate may be bedrock or
inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the
ordinary high water marks, are not considered part of the
stream bed.
Stream channelization: The manipulation of a stream's
course, condition, capacity, or location that causes more than
minimal interruption of normal stream processes. A
channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of
organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin,
weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
artificial island, artificial reef, permanent mooring structure,
Nationwide 12 Permit Summary
power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or
obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the
United States) that is inundated by tidal waters. The
definitions of a wetland and tidal waters can be found at 33
CFR 328.3(b) and 33 CFR 328.3(1), respectively. Tidal waters
rise and fall in a predictable and measurable rhythm or cycle
due to the gravitational pulls of the moon and sun. Tidal
waters end where the rise and fall of the water surface can no
longer be practically measured in a predictable rhythm due to
masking by other waters, wind, or other effects. Tidal
wetlands are located channelward of the high tide line, which
is defined at 33 CFR 328.3( d).
Vegetated shallows: Vegetated shallows are special aquatic
sites under the 404(b )(I) Guidelines. They are areas that are
permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and
estuarine systems and a variety of vascular rooted plants in
freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a
jurisdictional water of the United States. If a jurisdictional
wetland is adjacent -meaning bordering, contiguous, or
neighboring -to a waterbody determined to be a water of the
United States under 33 CFR 328.3(a)(l)-(6), 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.
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