HomeMy WebLinkAboutCompliance Permit �r�TpF
, : • DEPARTMENT OF THE ARMY
¢� M FORT WORT!! DISTRICT, CORPS OF ENGINEERS
P.O. Box 17300
= FORT WORTH, TEXAS 76102 -0300
e4. P
fry - -- •E/ REPLY To
'r�reso4 ATTENTION OF October 5, 2009
Planning, Environmental, and Regulatory Division
Regulatory Branch
SUBJECT: Project Number SWF- 2009 - 00206, Proposed Capstone Cottages Development and
Holleman Drive Phase I Extension, City of College Station, Brazos County, Texas
Ms. Loretta Mokry
Alan Plummer Associates, Incorporated
1320 South University Drive, Suite 300
Fort Worth, Texas 76107 -5737
Dear Ms. Mokry:
Thank you for your letter of May 13, 2009, and follow -up submittal dated October 2, 2009,
concerning a proposal by Capstone -CS, LLC to construct the proposed Capstone Cottages
Residential Development and Holleman Drive Phase 1 Extension located on a 105 -acre tract of
land at the intersection of Harvey Mitchell Parkway and Holleman Drive in the City of College
Station, Brazos County, Texas. This project has been assigned Project Number SWF -2009-
00206. Please include this number in all future correspondence concerning this project. Failure
to reference the project number may result in a delay.
We have reviewed this project in accordance with Section 404 of the Clean Water Act and
Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the U. S. Army Corps of
Engineers (USACE) regulates the discharge of dredged and fill material into waters of the United
States, including wetlands. Our responsibility under Section 10 is to regulate any work in, or
affecting, navigable waters of the United States. Based on your description of the proposed
work, and other information available to us, we have determined that this project will not involve
activities subject to the requirements of Section 10. However, this project will involve activities
subject to the requirements of Section 404. Therefore, it will require Department of the Army
authorization.
We have reviewed this project under the preconstruction notification (PCN) procedures of
Nationwide Permit (NWP) General Condition 27 (Federal Register, Vol. 72, No. 47, Monday,
March 12, 2007 and corrections in Federal Register Vol. 72, No. 99, Tuesday, May 8, 2007). We
have determined that this project is authorized by NWP 29 for Residential Developments and NWP
14 for Linear Transportation Projects. To use these permits, the person responsible for the project
-2-
must ensure that the work is in compliance with the specifications and conditions listed on the
enclosures and the special conditions listed below. The special conditions for these permits are as
follows:
1. The permittee shall implement and abide by the mitigation plan titled "Proposed Mitigation Plan
for Capstone Cottages Residential Development, College Station, Brazos County, Texas, USACE
Project No.: 2009- 00206" prepared by Loretta Mokry, Alan Plummer Associates, Inc., dated
October 2, 2009. The permittee shall implement the mitigation plan concurrently with the
construction of the project, Completion of all elements of this mitigation plan is a requirement of
this permit,
2. The permittee shall debit 7.9 credits from the Steele Creek Mitigation Bank in compliance with
the provisions of the "Mitigation Banking Instrument, Steele Creek Mitigation Bank, Robertson
County, Texas," dated May 2004. This debit shall compensate off -site for unavoidable adverse
project impacts that would not be compensated for by on -site mitigation. The permittee shall
complete the mitigation bank transaction and provide documentation to the USACE that the
transaction has occurred by December 1, 2009.
We have determined that the proposed activities would comply with all of the terms and
conditions of NWPs 29 and 14, and that adverse environmental effects of the proposed project
would be minimal both individually and cumulatively. Therefore, we are waiving the 300 linear
foot limit for loss of stream bed in this case. Failure to comply with these specification and
conditions invalidates the authorization and may result in a violation of the Clean Water Act.
Our verification for the construction of these activities under these nationwide peimits is valid
until March 18, 2012, unless prior to that date the nationwide permits are suspended, revoked, or
modified such that the activities would no longer comply with the terms and conditions of the
nationwide permits regionally or nationally. The USACE will issue a public notice announcing the
changes when they occur. Furthermore, activities that have commenced, or are under contract to
commence, in reliance on a nationwide permit will remain authorized provided the activity is
completed within 12 months of the date of the nationwide permit's expiration, modification, or
revocation, unless discretionary authority has been exercised on a case -by -case basis to modify
suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5(c) or
(d). Continued confirmation that an activity complies with the specifications and conditions, and
any changes to the nationwide permits, is the responsibility of the permittee.
Our review of this project also addressed its effects on threatened and endangered species.
Based on the information provided, we have determined that this project will not affect any species
listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area.
However, please note that you are responsible for meeting the requirements of general condition 17
on endangered species.
-3-
The permittee must sign and submit to us the enclosed certification that the work, including any
required mitigation, was completed in compliance with the nationwide permits. You should submit
your certification with 30 days of the completion of work.
This permit should not be considered as an approval of the design features of any activity
authorized or an implication that such construction is considered adequate for the purpose intended.
It does not authorize any damage to private property, invasion of private rights, or any infringement
of federal, state, or local laws or regulations.
The USACE based this decision on a preliminary jurisdictional determination that there are
water of the United States on the project site. It is incumbent upon the applicant to remain
informed of changes in the Department of the Army regulations.
Thank you for your interest in our nation's water resources. If you have any questions
concerning our regulatory program, please refer to our website at
http: / /www.sw£usace.army.mil /regulatory or contact Ms. Mary Verwers at the address above or
telephone (817) 886 -1739.
Please help the Regulatory Program improve its service by completing the survey on the
following website: http:// per2 .nwp.usace.army.milisuivey.html.
Sincerely,
(ice ---
'C Stephen L Brooks
Chief, Regulatory Branch
Enclosures
Copy Furnished:
Mr, Mark Fisher
Technical Specialist
Water Quality Assessment Section (MC -150)
Water Quality Division
Texas Commission on Environmental Quality
P.O. Box 13087
Austin, Texas 78711
•
•
NATIONWIDE PERMIT 29
Residential Developments
Effective Date: March 19, 2007
(NWP Final Notice, 72 FR 11186, para. 29)
Residential Developments. Discharges of dredged or fill material into non -tidal waters of the United States for
the construction or expansion of a single residence, a multiple unit residential development, or a residential
subdivision. This NWP authorizes the construction of building foundations and building pads and attendant
features that are necessary for the use of the residence or residential development. Attendant features may
include but are not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities,
septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf
course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2-acre of non -tidal waters of the United States,
including the loss of no more than 300 linear feet of stream bed, unless for intermittent and ephemeral stream
beds this 300 linear foot limit is waived in writing by the district engineer. This NWP does not authorize discharges
into non -tidal wetlands adjacent to tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United States authorized by
this NWP cannot exceed 1/2 acre. This includes any Toss of waters of the United States associated with
development of individual subdivision tots.
Notification: The permittee must submit a pre- construction notification to the district engineer prior to
commencing the activity. (See general condition 27.) (Sections 10 and 404)
NATIONWIDE PERMIT GENERAL CONDITIONS
General Conditions: The following general conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must
be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United
States.
(c) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the
Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United
States. No claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those
species of aquatic life indigenous to the waterbody, including those species that normally migrate through the
area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be Installed to
maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum
extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream
smothering by substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for
migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur In areas of concentrated shellfish populations, unless the activity is
directly related to a shellfish harvesting activity authorized by NWPs 4 and 48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.).
Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307
of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the
activity is for the repair or improvement of public water supply Intake structures or adjacent bank stabilization.
1
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the
aquatic system due to accelerating the passage of water, and /or restricting its flow must be minimized to the
maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the 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).
10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA- approved state or local
floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures
must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any
work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest
practicable date. Permittees are encouraged to perform work within waters of the United States during periods of
low -flow or no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas
returned to pre - construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety.
15. 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 Wiitd and Scenic
River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate
Federal land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).
16. 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.
17. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened authorized under any NWP which "may affect" a listed or endangered species or a
species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(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.
(c) Non - federal permittees shall notify the district engineer if any listed species or designated critical habitat
might be affected or Is In the vicinity of the project, or if the 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 may be affected by the proposed work or that utilize the designated critical
habitat that may 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
2
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 will have "no effect" on listed species or critical
habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or Informal consultation with the FWS or NMFS the district engineer may add
species - specific regional endangered species conditions to the NWPs.
(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, both lethal and non-
lethal "takes" of protected species are in violation of the ESA. Information 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 worldwide Web pages at htto: / /www.fws.gov/ and http : //www.noaa.gov /fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties
listed, or eligible for l €sting, in the National Register of Historic Places, the activity Is not authorized, until the
requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of Section 106
of the National Historic Preservation Act. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non - federal permittees must submit a pre - construction notification to the district engineer if the authorized
activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing
on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified
properties. For such activities, the pre - construction notification must state which historic properties may be
affected by the proposed work or include a vicinity map Indicating the location of the historic properties or the
potential for the presence of historic properties. Assistance regarding information on the location of or potential for
the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic
Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The
district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which
may include background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall determine whether the
proposed activity has the potential to cause an effect on the historic properties. Where the non - Federal applicant
has identified historic properties which the activity may have the potential to cause effects and so notified the
Corps, the non - Federal applicant shall not begin the activity until notified by the district engineer either that the
activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -
construction notification whether NHPA Section 106 consultation Is required. Section 106 consultation is not
required when the Corps determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR 800.3(a)). If NHPA section 106 consultation is required and will occur, the district
engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation Is
completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the
Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of
Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit
would relate, or having.legal power to prevent it, allowed such significant adverse effect to occur, unless the
Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If
circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, explaining the degree of damage to the integrity of any historic
properties affected, and proposed mitigation. This documentation must include any views obtained from the
applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on
tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in
the impacts to the permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, NOAA - designated marine
sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national
resource waters or other waters officially designated by a state as having particular environmental or ecological
significance and identified by the district engineer after notice and opportunity for public comment. The district
engineer may also designate additional critical resource waters after notice and opportunity for comment.
3
(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, and 50 for any activity within, or directly affecting, critical
resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33,
34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district engineer may
authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters
will be no more than minimal.
20. Mitigation. The district engineer will consider the following factors when determining appropriate and
practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and
permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to
the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one - for -one ratio will be required for all wetland losses that exceed
1/10 acre and require pre - construction notification, unless the district engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a project - specific waiver of this
requirement. For wetland losses of 1/10 acre or less that require pre - construction notification, the district engineer
may determine 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. 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.
(d) For losses of streams or other open waters that require pre - construction notification, the district engineer
may require compensatory mitigation, such as stream restoration, to ensure that the activity results In minimal
adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of
the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any 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 protect already meeting the established acreage limits also satisfies the
minimal impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a
requirement for the establishment, maintenance, and legal protection (e.g., 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. 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.
(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity- specific
compensatory mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing
and /or complying with the mitigation plan.
(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.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified
compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or
waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality
management measures to ensure that the authorized activity does not result in more than minimal degradation of
water quality.
22. 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
4
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.
23. 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,
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is
prohibited, except when the acreage Toss 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 Toss of waters of the United States for the total project cannot exceed 1/3 -acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with the
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit
verification must be attached to the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the time the property is
transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to
be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit, and the
associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below."
(Transferee)
(Date)
26. Compliance Certification. Each permlttee who received the NWP verification from the Corps must submit a
signed certification regarding the completed work and any required mitigation. The certification form must be
forwarded by the Corps with the NWP verification letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP authorization, including any
general or specific conditions;
(b) A statement that any required mitigation was completed In accordance with the permit conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre - Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective
permittee must notify the district engineer by submitting a pre - construction notification (PCN) as early as possible.
The district engineer must determine If the PCN is complete within 30 calendar days of the date of receipt and, as
a general rule, will request additional information necessary to make the PCN complete only once. However, if the
prospective permlttee does not provide all of the requested Information, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of
the requested information has been received by the district engineer. The prospective permittee shall not begin
the activity:
(1) Until notified in writing by the district engineer that the activity may proceed under the NWP with any
special conditions imposed by the district or division engineer; or
(2) If 45 calendar days have passed from the district engineer's receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer. However, if the
permittee was required to notify the Corps pursuant to general condition 17 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 18 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 is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33
CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) is 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 permlttee cannot begin
5
the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee
cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth
in 33 CFR 330.5(d)(2).
(b) Contents of Pre - Construction Notification: The PCN must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental
effects the project would cause; 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.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the United States 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 of the United
States, but there may be a delay if the Corps does the delineation, especially if the 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, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and a PCN is
required, the prospective permittee must submit a statement describing how the mitigation requirement will be
satisfied. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or
if the project is located in designated 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 designated
critical habitat that may be affected by the proposed work. Federal applicants must provide documentation
demonstrating compliance with the Endangered Species Act; and
(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.
(c) Form of Pre - Construction Notification: The standard individual permit application form (Form ENG 4345)
may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the
information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required
information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state
agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need
for mitigation to reduce the project's adverse environmental effects to a minimal level.
(2) For all NWP 48 activities requiring pre - construction notification and for other NWP activities requiring
pre - construction notification to the district engineer that result in the loss of greater than 1/2 -acre of waters of the
United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or
other expeditious manner) a copy of the 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 of NWP 37, these agencies will then have 10
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, 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, but 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.
6
•
(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 Magnuson- Stevens Fishery Conservation and
Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre - construction notifications to
expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report
within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative
adverse environmental effects or may be contrary to the public interest. If the proposed activity requires a PCN
and will result in a loss of greater than 1/10 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 work 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 permittee and include any conditions the district engineer deems necessary. The district engineer must
approve any compensatory mitigation proposal before the permittee commences work. If the prospective
permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously
review the proposed compensatory mitigation plan. The district engineer must review the 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. 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:
(1) 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;
(2) 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
(3) That the project is authorized under the NWP with specific modifications or conditions. Where the
district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to
the aquatic environment, the activity will be authorized within the 45 -day PCN period. The authorization will
include the necessary conceptual or specific 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.
28. 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.
Further Information
1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations
required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
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.
7
Compensatory mitigation: The restoration, establishment (creation), enhancement, or preservation of aquatic
resources for the purpose of compensating for 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.
Discharge: The term "discharge" means any discharge of dredged or fill material and any activity that causes or
results in such a discharge.
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.
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 project in the Corps regulatory
program. A project is considered to have Independent utility If it would be constructed absent the construction of
other projects in the project area. Portions of a multi -phase project that depend upon other phases of the project
do not have independent utility. Phases of a project that would be constructed even if the other phases were not
built can be considered as separate single and complete projects with independent utility.
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
Ming, 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(f) of the
Clean Water Act are not considered when caiculating 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 of a 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 (Le., spring high tide line).
Open water: For purposes of the NVVPs, 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.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and
logistics in light of overall project purposes.
8
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 of a threat to, or preventing the decline of, aquatic resources by an action in or near
those aquatic resources. This term Includes activities commonly associated with the protection and maintenance
of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation
does not result in a gain of aquatic resource area or functions.
Re- establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal
of retuming 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.
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)(1) Guidelines.
Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are
recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate In riffles
results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate
characterize pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine - marine shorelines. Riparian
areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface
hydrology connects waterbodies with their adjacent uplands. Riparian areas provide a variety of ecological
functions and services and help improve or maintain local water quality. (See general condition 20.)
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 project: The term "single and complete project" is defined at 33 CFR 330.2(1) as the total
project proposed or accomplished by one owner /developer or partnership or other association of
owners /developers. A single and complete project must have independent utility (see definition). For linear
projects, a "single and complete project" is all crossings of a single water of the United States (Le., a single
waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and
distant locations, each crossing is considered a single and complete project. However, Individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
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 to control runoff and/or improve the quality (Le., by reducing the concentration of nutrients,
sediments, hazardous substances and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be
bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but
outside of the ordinary high water marks, are not considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or location that causes more
than minimal interruption of normal stream processes. A channelized stream remains a water of the United
States.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap,
jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored
floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.
9
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(f), 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)(1) Guidelines. They are
areas that are permanently Inundated and under normal circumstances have rooted aquatic vegetation, such as
seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States that, during a
year with normal patterns of precipitation, has water flowing or standing above ground to the extent that an
ordinary high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland
area (see 33 CFR 328.3(b)). If a jurisdictional wetland is adjacent -- meaning bordering, contiguous, or
neighboring - -to a jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of
"waterbodies" include streams, rivers, lakes, ponds, and wetlands.
ADDITIONAL INFORMATION
This nationwide permit is effective March 19, 2007, and expires on March 18, 2012.
Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also
be accessed at http: / /www.swf.usace. army .mil /pubdata/environ /regulatory /index .asp or
http://www.usace.army.mil/cw/cecwoireq
•
10
NATIONWIDE PERMIT 14
Linear Transportation Projects
Effective Date: March 19, 2007
(NWP Final Notice, 72 FR 11181, para. 3)
Linear Transportation Projects. Activities required for the construction, expansion, modification, or improvement
of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of
the United States. For linear transportation projects in non -tidal waters, the discharge cannot cause the Toss of
greater than 1/2 -acre of waters of the United States. For linear transportation projects in tidal waters, the discharge
cannot cause the loss of greater than 1/3 -acre of waters of the United States. Any stream channel modification,
including bank stabilization, Is limited to the minimum necessary to construct or protect the linear transportation
project; such modifications must be in the immediate vicinity of the project.
This NWP also authorizes temporary structures, fills, and work necessary to construct the linear transportation
project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the
maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are
necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of
materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be
removed in their entirety and the affected areas returned to pre - construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
This NWP cannot be used to authorize non - linear features commonly associated with transportation projects,
such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars.
Notification: The permittee must submit a pre - construction notification to the district engineer prior to
commencing the activity If: (1) the loss of waters of the United States exceeds 1/10 acre; or (2) there is a discharge
in a special aquatic site, including wetlands. (See general condition 27.) (Sections 10 and 404)
Note: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining
equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4).
NATIONWIDE PERMIT GENERAL CONDITIONS
General Conditions: The following general conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be
installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the
Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to
remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States.
No claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those
species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area,
unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain
low flow conditions.
3. Spawning Areas. Activities In spawning areas during spawning seasons must be avoided to the maximum
extent practicable. Activities that result In the physical destruction (e.g., through excavation, fill, or downstream
smothering by substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for
migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is
directly related to a shellfish harvesting activity authorized by NWPs 4 and 48.
1
•
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material
used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the
Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the
activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the
aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the
maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the 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).
10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA - approved state or local
floodplain management requirements.
•
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures
must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any
work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable
date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or
no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned
to pre - construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river
is in an official study status, unless the appropriate Federal agency with direct management responsibility for such
river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal
land management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).
16. 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.
17. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued
existence of a threatened authorized under any NWP which "may affect" a listed or endangered species or a
species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(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. •
(c) Non - federal permittees shall notify the district engineer if listed species or designated critical habitat
might be affected or is in the vicinity of the project, or if the 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
2
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 may be affected by the proposed work or that utilize the designated critical Habitat that
may 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 will have "no effect" on listed species or critical habitat, or until Section 7
consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-
specific regional endangered species conditions to the NWPs.
(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, both lethal and non - lethal "takes"
of protected species are in violation of the ESA. Information 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 worldwide
Web pages at http : //www.fws.eov/ and htto : / /www.noaa.00v /fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties
listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the
requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of Section 106
of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate
documentation to demonstrate compliance with those requirements.
(c) Non - federal permittees must submit a pre - construction notification to the district engineer if the authorized
activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing
on, or potentially eligible for listing on the National Register of Historic Places, Including previously unidentified
properties. For such activities, the pre - construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for
the presence of historic properties. Assistance regarding Information on the location of or potential for the presence
of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation
Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer
shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history Interviews, sample field investigation, and field survey. Based on
the information submitted and these efforts, the district engineer shall determine whether the proposed activity has
the potential to cause an effect on the historic properties. Where the non - Federal applicant has identified historic
properties which the activity may have the potential to cause effects and so notified the Corps, the non - Federal
applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to
cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -
construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not
required when the Corps determines that the activity does not have the potential to cause effects on historic
properties (see 36 CFR 800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer
will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the
Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of
Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit
would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify
granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify
granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the
circumstances, explaining 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, SHPOJTHPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on
historic properties.
3
19. Designated Critical Resource Waters. Critical resource waters include, NOAA - designated marine
sanctuaries, National Estuarine Research Reserves, state natural heritage sites, and outstanding national resource
waters or other waters officially designated by a state as having particular environmental or ecological significance
and identified by the district engineer after notice and opportunity for public comment. The district engineer may
also designate additional critical resource waters after notice and opportunity for comment.
(a) 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, and 50 for any activity within, or directly affecting, critical resource
waters, Including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33,
34, 36, 37, and 38, notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district engineer may
authorize activities under these NWPs only after it is determined that the Impacts to the critical resource waters will
be no more than minimal.
20. Mitigation. The district engineer will consider the following factors when determining appropriate and
practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and
permanent, to waters of the United States to the maximum extent
p practicable at the project site (Le., on site). P
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating) will be required to the
extent necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will be required for all wetland losses that exceed
1/10 acre and require pre - construction notification, unless the district engineer determines in writing that some
other form of mitigation would be more environmentally appropriate and provides a project - specific waiver of this
requirement. For wetland losses of 1/10 acre or less that require pre - construction notification, the district engineer
may determine 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. 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. •
(d) For losses of streams or other open waters that require pre - construction notification, the district engineer
may require compensatory mitigation, such as stream restoration, to ensure that the activity results In minimal
adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of
the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it cannot be used to authorize any 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.
(f) Compensatory mitigation plans for projects In or near streams or other open waters will normally include a
requirement for the establishment, maintenance, and legal protection (e.g., 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 Toss 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. 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.
(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity - specific
compensatory mitigation. In all cases, the mitigation provisions will specify the party responsible for accomplishing
and /or complying with the mitigation plan.
(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.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified
compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or
waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality
4
•
management measures to ensure that the authorized activity does not result in more than minimal degradation of
water quality.
22. 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.
23. 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.
24. 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 113 -acre.
25. Transfer of Nationwide Permit Verifications. if the permittee sells the property associated with the
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit
verification must be attached to the letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the time the property is
transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be
binding on the new owner(s) of the property. To validate the transfer of this nationwide permit, and the associated
liabilities associated with compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received the NWP verification from the Corps must submit a
signed certification regarding the completed work and any required mitigation. The certification form must be
forwarded by the Corps with the NWP verification letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP authorization, including any
general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre - Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee
must notify the district engineer by submitting a pre - construction notification (PCN) as early as possible. The district
engineer must determine if the PCN Is complete within 30 calendar days of the date of receipt and, as a general
rule, will request additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer will notify the
prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the
requested information has been received by the district engineer. The prospective permittee shall not begin the
activity until either:
(1) He or she Is notified in wilting by the district engineer that the activity may proceed under the NWP with
any special conditions imposed by the district or division engineer; or
(2) Forty -five calendar days have passed from the district engineer's receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer. However, if the permittee
was required to notify the Corps pursuant to general condition 17 that listed species or critical habitat might affected
or in the vicinity of the project, or to notify the Corps pursuant to general condition 18 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 is "no effect" on listed species or "no potential to cause effects° on historic
5
properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(0)
and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) is completed. Also, work cannot
begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed
activity requires a written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. if the district or division engineer notifies the permittee In writing that an
individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the
activity until an individual permit has been obtained. Subsequently, the permtttee's right to proceed under the NWP
may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre - Construction Notification: The PCN must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect adverse environmental
effects the project would cause; 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 result in a
quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the United States 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 of the United
States, but there may be a delay if the Corps does the delineation, especially if the 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, where appropriate;
(5) If the proposed activity will result in the Toss of greater than 1/10 acre of wetlands and a PCN is
required, the prospective permittee must submit a statement describing how the mitigation requirement will be
satisfied. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if
the project is located in designated 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 designated
critical habitat that may be affected by the proposed work. Federal applicants must provide documentation
demonstrating compliance with the Endangered Species Act; and
(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.
(c) Form of Pre - Construction Notification: The standard individual permit application form (Form ENG 4345)
may be used, but the completed application form must clearly indicate that It is a PCN and must include all of the
information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required
information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies
concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal level.
(2) For all NWP 48 activities requiring pre - construction notification and for other NWP activities requiring
pre - construction notification to the district engineer that result in the loss of greater than 1/2 -acre of waters of the
United States, the district engineer will immediately provide (e.g., via facsimile transmission, overnight mail, or other
expeditious manner) a copy of the 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 of NWP 37, these agencies will then have 10
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. 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, but 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
6
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.
(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 Magnuson - Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre - construction notifications to
expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy of each report
within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: in reviewing the PCN for the proposed activity, the district engineer will
determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative
adverse environmental effects or may be contrary to the public interest. If the proposed activity requires a PCN and
will result in a Toss of greater than 1/10 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 work 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 permittee and
Include any conditions the district engineer deems necessary. The district engineer must approve any
compensatory mitigation proposal before the permittee commences work. if the prospective permittee elects to
submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed
compensatory mitigation plan. The district engineer must review the 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. 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:
(1) 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;
(2) 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
(3) that the project is authorized under the NWP with specific modifications or conditions. Where the district
engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45 -day PCN period. The authorization will include the
necessary conceptual or specific 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.
28. 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.
Further information
1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations
required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
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.
7
Compensatory mitigation: The restoration, establishment (creation), enhancement, or preservation of aquatic
resources for the purpose of compensating for 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.
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 functlon(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.
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 project in the Corps regulatory
program. A project is considered to have independent utility if it would be constructed absent the construction of
other projects In the project area. Portions of a multi -phase project that depend upon other phases of the project do
not have independent utility. Phases of a project that would be constructed even if the other phases were not built
can be considered as separate single and complete projects with independent utility.
Intermlttent 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(f) 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 of a 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 (1.e., spring high tide line).
Open water: For purposes of the NWPs, an open -water is any area that in a year with normal patterns of
precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be
determined. Aquatic vegetation within the area of 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.
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 -
8
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 of a threat to, or preventing the decline of, aquatic resources by an action in or near
those aquatic resources. This term includes activities commonly associated with the protection and maintenance of
aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does
not result in a gain of aquatic resource area or functions.
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.
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 naturaUhistoric 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)(1) Guidelines. Riffle .
and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are
recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles
results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate
characterize pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine - marine shorelines. Riparian
areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology
connects waterbodies with their adjacent uplands. Riparian areas provide a variety of ecological functions and
services and help Improve or maintain local water quality. (See general condition 20.)
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 project: The term "single and complete project" is defined at 33 CFR 330.2(i) as the total
project proposed or accomplished by one owner /developer or partnership or other association of
owners /developers. A single and complete project must have independent utility (see definition). For linear projects,
a "single and complete project" is all crossings of a single water of the United States ( €.e., a single waterbody) at a
specific location. For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and
crossings of such features cannot be considered separately.
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 (Le., 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 channellzation: The manipulation of a stream's course, condition, capacity, or location that causes more
than minimal interruption of normal stream processes. A channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap,
jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored
floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a 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(f), 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
9
predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward
of the high tide line, which is defined at 33 CFR 328.3(d).
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas
that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as
seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States that, during a
year with normal patterns of precipitation, has water flowing or standing above ground to the extent that an ordinary
high water mark (OHWM) or other indicators of jurisdiction can be determined, as well as any wetland area (see 33
CFR 328.3(b)). If a jurisdictional wetland is adjacent -- meaning bordering, contiguous, or neighboring - -to a
jurisdictional waterbody displaying an OHWM or other Indicators of jurisdiction, that waterbody and its adjacent
wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies"
include streams, rivers, lakes, ponds, and wetlands.
ADDITIONAL INFORMATION
This nationwide permit is effective March 19, 2007, and expires on March 18, 2012.
Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be
accessed at http:l /www.swf.usace.army. mil /pubdata /environfrequlatory /index .asp or
http://www.usace.army.mil/cw/cecwo/req
•
10
f' •
Kathleen Hartnett White, Chairman L Or'
Larry R. Seward, Commissioner ����,:
H. S. Buddy Garcia, Commissioner `r �
Glenn Shankie, executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
April 26, 2007
Ms. Denise Sloan
U.S. Army Corps of Engineers
Galveston District CESWQ PURE
P.O. Box 1229
Galveston, Texas 77553 -1229
Re: USACE Nationwide Permits . • •
• Dear Ms. Sloan:
This letter is in response to your April 3, 2007, letter requesting Clean Water Act Section 401 certification of the •
United States Army Corps Of Engineers (Corps) Nationwide Permits
of Nationwide Permits was published in the Federal Register (Part II, (NW Ps). , 47, pages 11092 - 198 on .
March 12, 2007. . Proposed regional conditions for NWPs in Texas were proposed in an October 12, 2006
public notice.
The Texas Cormnission on Environmental Quality
Nationwide Permits and the proposed regional condition�s.�On behalf of the _Executive Director and based on Of
our evaluation of the information contained in these documents, the TCEQ certifies that the activities authorized •
by NWPs 1, 2, 4, 5, 8 , 9, '10, 11, 20, 23, 24, 28, 34, 35, and 48 should not result in a violation of established
Texas Surface Water Quality Standards as required by Section 401 of the Federal Clean Water Act and pursuant
to Title 30, Texas Administrative Code, Chapter 279.
•
The TCEQ conditionally certifies that the activities authorized by NWPs 3, 6, 7, 12, 13, 14, 15, 17, 18, 19, 21,
. 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, and 50 should not result in a
violation of established Texas Surface Water Quality Standards as required by Scotian 401 of the Federal Clean
Water Act and pursuant to Title 30, Texas Administrative Code, Chapter 279. Conditions for each NWP are
defined in Enclosure 1 and more detail on specific conditions are discussed below.-
The TCEQ understands that it prohibition against the use of NWPs in coastal dune swales will be included in the
2007 Texas Regional Conditions (Regional Conditions) for certain NWPs consistent with the 2002 Texas
Regional Conditions. Inclusion of a prohibition of using NWps in coastal dune swales is a condition of this 401
TCEQ certification,
The prohibition of sidecasting of materials was removed from NWP 41 in the 2007 NWP renewal. In the
November 28, 2006 TCEQ comment letter to the Corps regarding the Regional Conditions for NWP 41, the
TCEQ requested the prohibition against the permanent sidecasting of excavated materials into waters of the
P.O. Box 13087 • Austin, Texas 78711 -3087 • 512- 239 -1000 • Internet address: www.tceq.state.tx.us
Ms. Denise Sloan •
U.S. An Corps of Engineers
USAGE Nationwide Permits •
Page 2 •
April 26, 2007 •
•
•
• U.S. be included as a regional condition The TCEQ recommended that if the sidecasting prohibition is not
included in the Regional Conditions, that a limit on the amount of waters of the U.S. that can be impacted by the
• sicleecasting, and a requirement for mitigation of those impacts be included as a regional condition. If the Corps
chooses to not include a prohibition against sidecasting material in the Regional Conditions, the TCEQ
conditional certification of NWP 41 is that the area impacted by the sidecasting should not exceed 3 acres ea
• 1500 linear feet. For purposes of calculating the threshold one acre of impact is considered equal to 500 linear
feet Inclusion of a prohibition against the permanent sidecasting of material that impacts more then 3 acres or
. 1500 linear feet under NWP 41 is a condition of this 401 TCEQ certification.
In the November 28, 2006 TCEQ comment letter to the Corps regarding the Regional Conditions for NWP 46
(previously NWP B), the TCEQ requested a regional condition for NWP 46 that contains an upper limit no
greater than 1,500 linear feet. Inclusion of a limit no greater than 1,500 linear feet under NWP 46 is a condition
of this 401 TCEQ certification
The TCEQ wants to clarify the application of NWP 16 in Texas, NWP 16 should be liinitcd to the return water
from upland contained dredged material disposal areas. It is important to emphasize the intent for dredged
material disposal. The TCEQ understands dredged material to be associated with navigational dredging -
activities, not commercial mining activities. To avoid confusion the TCEQ requests that a regional condition be
• added that prohibits the use of NWP 16 for activities that would be regulated under Standard Industrial
Classifioation (SIC). codes' 1442 and 1446 (industrial and construction sand and gravel rnining). - This condition -
' is also included as part of the 401 certification of NWP 16.
The final NWP 16 states• that the quality of the return water is controlled by the state through the 401
certification procedures. Consistent with previous NWPs certification decisions the TCEQ is conditionally
certifying NWP 16 for the return water from confined upland disposal not to exceed a 300 mg/L Total
• . Suspended Solids MS) concentration and request the Corps to include this condition in the Regional
( Conditions. The TCEQ recognizes the usellness of having an instantaneous method to determine compliance
with the 300 mg/L TSS limit. However, existing literature and analysis of paired samples of turbidity and TSS
from the Texas Surface Water Quality Data indicate this relationship must be a site specific characterization of
• the actual sediments to be dredged. To address this approach we have included new language in the NWP 16
conditional certification that allows flexibility to use an instantaneous method in implementing the TSS limit .
when a site specific correlation curve for turbidity (nephelometrio turbidity units (NTU)) versus TSS has been
approved by TCEQ. The TCEQ remains interested in working with the Corps in the development of these
curves. We encourage the Corps to accept the conditional beatification of NWP 16 as a Regional Condition. and
that we work together to find the best methods to implement this limit.
•
In evaluating this condition for the Regional Conditions for NWPs the TCEQ encourages the Corps to consider
that TSS limits are promulgated as effluent limits under Title 40 of the Code of Federal Regulations. The
TCEQ requirement to control return water from confined upland disposal not to exceed a 300 mg/L TSS has
also been included in individual 404 permits. It is also important to note that the TCEQ effectively imposes
•
Ms. Denise Sloan .
•
•
U.S. Army Corps of Engineers
USACE Nationwide Permits
Page 3
April 26, 2007 •
•
•
•TSS effluent limits in thousands of wastewater discharge permits issued in Texas under Section 402 of the
federal Clean Water Act
•
The TCEQ is conditionally certifying NWP General Condition #12 Soil Erosion and Sediment Controls, and •
General Condition #21 Water Quality. The conditions address three broad categories of water quality
management with specific recommendations for Best Management Practices (BMPs) for each category. These
BMPs are intended to enhance the water quality protection of these General Conditions. A list of TCEQ-
recommended BMPs is included as Enclosure 2. Enclosure 3 is provided as a quick reference for all NWPs, A
detailed desariptign of the BMPs is provided in Enclosure 4. Runoff frown bridge decks has been exempted
• from the requirement for post-construction total suspended solids (TSS) controls under General Condition 21. •
• As stated in our April 3, 2007 letter to the Corps, the TCEQ would like to include these BMPs for the protection
of waters in the state specific to each NWP as part of the regional conditions for Texas.
The T is conditionally �' � Y cettifYthg NWPs 13, 29, 39, 40, 41, 42, 43 to require the Corps to copy TCEQ on all
written approvala of waivers for impacts to ephemeral, intermittent or perennial streams. The TCBQ is
conditionally certifying NWP 36 to require the Corps to copy TCBQ on all written waivers for discharges
greater than the 50 cubic yard limit or boat ramps greater than 20 feet in width. The TCBQ is also conditionally
• certifying General Condition 20 Mitigation to require the Corps to copy TCEQ o any wriften notification of a •
mitigation waiver. In addition, TCBQ understands that a regional condition will be added that requires
mitigation for streams and special aquatic sites, such as pools/riffles, seagrass, and mudflats that will adequately
compensate for their fiunotions and values. The TCEQ is requesting this information to fulfill its responsibility
to ensure water of the state is appropriately protected by understanding the impact of waivers being granted in
Texas.
. This certification decision is limited to those activities under thejurisdietion of the TCEQ. For activities related
to the production and exploration of oil and gas a Texas Railroad Commission certification is required as
provided in the Texas Water Code §26.131.
The TCEQ has reviewed the Notice of Reissuance of Nationwide Permits for consistency with the goals and
policies of the Texas Coastal Management Program (CMP) in accordance with the regulations of the Coastal
Coordination Council, 31 TAC 005,30, and has determined that the action is consistent with the applicable
CMP goals and policies.
•
This certification was reviewed for consistency with the CMP's development in critical areas policy (31 TAC
§501.14(h)) and dredging and dredged material disposal and placement policy (31 TAC §501.14(j)). This
certification complies with the CMP goals (31 TAC §501.12(1,2,3,5)} applicable to these policies.
The TCEQ reserves the right to modify this certification if additional information identifies specific areas where
significant impacts, including cumulative or secondary impacts, are occurring, and the use of these NWPs
would be inappropriate.
•
•
•
• •
Ms. Denise Sloan • • .
U.S. .Anny Corps of Engineers •
USACE Nationwide Permits
Page 4 .
April 26, 2007 • • •
•
No review of property rights, location of property lines, nor the distinction between public and private
ownership has been made, and this certification may not be used in any way with regard to questions of
ownership.
. If you require further assistance, please contact Ms. Lori Hamilton, Water Quality Assessment Section, Water
Quality Diyision (MC-150), at (512) 239-0683.
•
' Sincerely, •
•
•
41 i •
•
L' . . Stepney, .E., Director
Water Quality Division .
Texas Connnission on Environmental .Quality .
• • • •
LWS/LH4p . • •
• Enclosures. • •
• .
ccs: U.S. Anny Corps of Engineers .
Southwestern Division • . •
ATTN: Ms. Vicki Dixon •
1100 Commerce Street ,
Dallas, Texas 75242-0216 •
U.S. Anny C,orps of Engineers
Regulatory Branch CESWF-0D-R.
• AWN: Mr. Wayne Lea
P.O. Box 17300 '
Fort- Worth, Texas 76102-0300 •
• •
U.S. Army Corps of Engineers • •
•
ATTN: Regulatory Section •
• 1645 South 101 East Avenue
Tulsa, Oklahoma 74128-4609
U.S. A.nny Corps of Engineers
• Albuquerque District
4101 Jefferson Plaza, NE
• Albuquerque, New Mexico 87109
•
•
•
•
•
. . Enclosure 1
Conditions of Section 401 Certification for Nationwide Permits and General Conditions •
General Condition 12 (Soil Erosion and Sediment Controls) •
Erosion control and sediment control BMPs described in Attachment 1 are required with
the use of this general condition. If the applicant does not choose one of the BMPs listed
in Attachment 1, an individual 401 certification is required,
•
. General Condition 21 (Water Quality)
Post - construction total suspended solids (TSS) BMPs described in Attachment 1 are .
required with the use of this general condition. If the applicant does not choose one of
the BMP's listed in Attachment 1, an individual 401 certification is required. Bridge •
deck runoff is exempt from this requirement.
General Condition 20 (Mitigation)
Mitigation will be required for streams and special aquatic sites, such as pools/riffles,
seagrass, and mudflats, that will adequately compensate for their functions and values
unless the Corps provides a project - specific waiver of this requirement. The U.S. Army
Corps of Engineers will copy the TCEQ on all mitigation waivers sent to applicants.
NWPs 13, 29, 39, 40, 41, 42.43
The U.S. Army 'Corps of Engineers will copy the TCEQ on all written approvals of
waivers for impacts to ephemeral, :intermittent or perennial streams.
NWPs 7. 12. 14, 15, 17. 18, 19, 22, 25, 29, 30. 31, 32, 33, 36, 37, 39, 40. 41,42, 43, 44,
45.46
These NWPs are not authorized for use in coastal dune swales in Texas.
NWP 3 (Maintenance) •
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 6 (Survey Activities)
Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 7 (Outfall Structures and Associated Intake Structures)
Soil Erosion and Sediment Controls under General Condition 12 are required.
•
E •
•
•
•
1 t
aEL1 tility Line Activiti
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 21 are required.
•
NWP 13 (Bank Stabilization)
Soil Erosion and Sediment Controls under General Condition 12 are 'required.
•
NWP 14 (Linear Transportation Projects)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 21 are required.
NWP 15 (U.S. Coast Guard Approved Bridges)
. Soil Erosion and Sediment Controls under General Condition 12 are required.
NWP 16 (Return Water From Upland Contained Disposal Areas)
Activities that would be regulated under Standard Industrial Classification (SIC) codes
1442 and 1446 (industrial and construction sand and gravel mining) are not eligible for
. this NWP. Effluent from an upland contained disposal area shall not exceed a TSS
concentration of 300 mg/L unless a site - specific TSS limit, or a site specific correlation
curve for turbidity (nephelometric turbidity units (NTU)) versus (TSS) has been approved
by TCEQ. .
NWP 17 (hydropower Projects)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 21 are required.
NWP 18 (Minor Discharges)
. Soil Erosion and Sediment Controls under General Condition 12 are required. Post -
construction TSS controls under General Condition 21 are required.
NWP 19 (Minor Dredging)
Soil Erosion and Sediment Controls under General Condition 12
are required.
NWP 21 (Surface Coal Mining Operations)
Soil Erosion and Sediment Controls under General Condition 12 are required. Post-
construction TSS controls under General Condition 21 are required.
aO�
•
•
•
Texas Commission on Environmental Quality •
401 Water Quality Certification Conditions for Nationwide Permits
Attachment 1
Below are the 401 water quality certification conditions the Texas Commission on Environniental Quality
(TCEQ) added to the March 12, 2007 issuance of Nationwide Permits (NWP), as described in the Federal
• Register (Part 11, Vol. 67, No. 10, pages 2020 - 2095). •
Additional information regarding these conditions, including descriptions of the best management practices
(BMPs), can be obtained from the TCEQ by contacting the 401 Coordinator, MC -150, P.O. Box 13087,
Austin, Texas 78711 -3087 or from the appropriate U.S. Army Comps of Engineers district office.
I. Erosion Control
•
Disturbed areas roust be stabilized to prevent the introduction of sediment to adjacent wetlands or water bodies •
during wet weather conditions (erosion). At least one of the following BMPs must be maintained and remain
in place until the area has been stabilized for NWPs 3, 6, 7, 12, 13,14,15,17,18, 19, 21, 22, 25, 27, 29, 30,
31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, and 50. If the applicant does not choose one of the
BMPs listed, an individual 401 certification is required.
o Temporary Vegetation o Blankets/Matting
o Mulch o Sod
•
o Interceptor Swale o Diversion Dike
o Erosion Control Compost o Mulch Filter Berms and Socks
• o Compost Filter Berms and Socks •
H. Sedimentation control •
Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by the use
of BMPs to confine sediment. Dredged material shall be placed in such a manner that prevents sediment
runoff into water in the state, including wetlands. Water bodies can be isolated by the use of one or more of
the required BMPs identified for sedimentation control. These BMP's must be maintained and remain in place
until the dredged material is stabilized. At least one of the following BMPs must be maintained and remain in
place until the area has been stabilized for NWPs 3, 6, 7,12,13, 14, 15,17, 18,19, 21, 22, 25, 27, 29, 30, 31,
32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 49, and 50. If the applicant does not choose one of the
BMPs listed, an individual 401 certification is required. . • . •
• •
. o Sand Bag Berm o Rock Berm
•
o Silt Fence o Hay Bale Dike
o Triangular Filter Dike o Brush Berms
Revised April 13, 2007 Page 1 of 3
401 Water Quality Certification Conditions for Nationwide Permits
Page 2
•
•
•
•
o' Stone Outlet Sediment Traps o Sediment Basins
•
o Erosion Control Compost o Mulch Filter Berms and Socks
•
•
o Compost Filter Berms and Socks
M. Post - Construction TSS Control
After construction has been completed and the site is stabilized, total suspended solids (TSS) loadings shall be
controlled by at least one pf the following BMPs for MVPs 12,14,17,18, 21, 29, 31, 36, 39, 40,
41, 4
45, 49, and 50. If the applicant does not choose one of the BMPs individual ion is .
required. Runoff from bridge decks has been exempted from the requirementor post construction TSS
controls.
o Retention/Irrigation Systems o Constructed Wetlands
•
o Extended Detention Basin o Wet Basins
o Vegetative Filter Strips o Vegetation lined drainage ditches
•
•
o Grassy Swales o Sand Filter Systems •
o Erosion Control Compost o Mulch Filter Berms and Socks
o Compost Filter Berms and Socks o Sedimentation Chambers*
* Only to be used when there is no space available for other approved BMFs.
IV. NWP 16; Return Water from Upland Contained Disposal Areas
Effluent from an upland contained disposal area shall not exceed a TSS concentration of 300 mgt unless
a site - specific TSS limit, or a site specific correlation curve for turbidity (ruphelometric turbidity units
(NTU)) versus ('TSS) has been approved by TCEQ.
•
V. NWP 29, 39, 40, and 42, 43
The Corps will copy the TCEQ on all authorizations for impacts of greater than 300 linear feet of intermittent
and ephemeral. streams, ,
VI. NWP 13 and 41
The Corps will copy the TCEQ on all authorizations for impacts greater than 500 linear feet in length of
ephemeral, intermittent, perennial streams or drainage ditches.
Revised April 13, 2007
Page 2 of 3
401 Water Quality Certification Conditions for Nationwide Permits
Page 3
VII. NWP 36
The Corps will copy the TCEQ on all authorizations for discharges greater than the 50 cubic yard limit or boat
ramps greater than 20 feet in width.
VIII, NWPs 7, 12, 14,15.17, 18, 19, 22, 25.29, 30, 31, 32.33, 36, 37, 39, 40, 41, 42, 43,44, 45, 46
These NWPs are not authorized for use in coastal dune swales in Texas.
•
•
•
•
•
•
Revised April 13, 2007 Page 3 ot3
Enclosure 3
Table 1
Reference to Nationwide Permits Best Management Practices Requirements
NWP Permit Description Erosion Control Sediment Control Post
Construction
TSS
1 Aids to Navigation
•
2 Structures in Artificial Canals •
x X
3 Maintenance
4 Fish and Wildlife Harvesting,
Enha ement and Attraction Devices .
and Activities
Scientific Measurement Devices
• x x
6 Survey Activities
7 Outfall Structures and Associated
X X
Intake Structures
8 Oil and Gas Structures on the Outer -
Continental Shelf
9 • Structures in Fleeting and Anchorage
Areas
10 Mooring Buoys
•
11 Temporary Recreational Structures
X X x
•
12 Utility Line Activities
13 Bank Stabilization x x
•
x X x
14 Linear Transportation Projects •
X x
15 U.S. Coast Guard Approved Bridges •
• 16 Return Water From Uplamd Contained
• Disposal Areas
x x x
17 Hydropower Projects
•
X X x
18 Minor Discharges
•
19 Minor Dredging X X
20 Oil Spill Cleanup
X X X
21 Surface Coal Mining Operations
X
22 Removal of Vessels
i • 23 Approved Categorical Exclusions
•
Revised April 2, 2007 Page 1 of 3
•
Table 1
Reference to Nationwide Permits Best Management •Practices Requirements •
•
' NWP Permit Description Erosion Control Sediment Control Post
Construction
TSS
24 Indian Tribe or State Administered
Section 404 Programs
25 Structural Discharges X X
26 [Reserved] •
27 Aquatic Habitat Restoration, X X
Establishment, and Enhancement
Activities
28 Modifications of Existing Marinas
29 Res idential Developments x X x
30 Moist Soil Management for Wildlife X X
31 Maintenance of Existing Flood X X _x
Control Facilities •
32 Completed Enforcement Actions X X •
• X •
33 Temporary Construction, Access and X
Dewatering
34 Cranberry Production Activities
35 Maintenance Dredging of Existing
Basins
'36 Boat Ramps x ' x x
• 37 Emergency Watershed Protection and X x '
Rehabilitation
38 Cleanup of Hazardous and Toxic X X
Waste
39 Commercial and Institutional X X x
Developments
40 Agricultural Activities X X x
41 Reshaping Existing Drainage Ditches X X x
x x
42 Recreational Facilities x
1 43 Stormwater Management Facilities x x
44 Mining Activities x X X
I
Revised April 2, 2003
Pago2of3
Table 1
Reference to Nationwide Permits Best Management Practices Requirements. • • .
NWP Permit Description Erosion Control Sediment Control Post
•
• Construction
TSS
45 Repair of Uplands Damaged by X x x
•
Discrete Events
46 Discharges in Ditches
47 Pipeline Safety Program Designated x x
Time Sensitive Inspections and
Repairs
48 Existing Commercial Shellfish
Aquaculturc.Activitiea
49 Coal Remining Activities x x . x
50 Underground Coal Mining Activities x x x
•
•
•
•
•
•
•
•
•
•
s•
s .
Revised April 2, 2007 Page 3 of 3
Enclosure 4 •
•
•
I
Description of BMPs
EROSION CONTROL BMPs
Temporary VetietatIon
Description: Vegetation can be used as a temporary or permanent stabilization technique for areas
disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, berms, mild
to medium slopes, and along roadways. Other techniques such as matting, mulches, and grading
• may be required to assist in the establishment of vegetation.
Materials:
• The type of temporary vegetation used on a site is a function of the season and the availability of
water for irrigation. .
■ Temporary vegetation should be selected appropriately for the area,
• County agricultural extension agents are a good source for suggestions for temporary vegetation.
• All seed should be high quality, U.S. of Agriculture certified seed.
Installation:
•
• Grading must be completed prior to seeding.
•
• Slopes should be minimized.
• Erosion control structures should be installed. •
• Seedbeds should be well pulverized, loose, and uniform.
•
• Fertilizers should be applied at appropriate rates.
• Seeding rates should be applied as recommended by the county agricultural extension agent.
• The seed should be applied uniformly.
• Steep slopes should be covered with appropriate soil stabilization matting.
•
Blankets and Matting
Description: Blankets and matting material can be used as an aid to control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are in
channels, interceptor swales, diversion dikes, short, steep slopes, and on tidal or stream banks,
Revised April 2, 2007 Page 1 of 32
•
•
Materials:
New Types of blankets and matting materials are continuously being developed. The Texas
• Department of Transportation ( TxDOT) has defined the critical performance factors for these types
of products and has established minimum performance standards which must be met for any
product seeking to be approved for use within any of TxDOT's construction or maintenance
activities. The products that have been approved by TxDOT are also appropriate for general •
construction site stabilization. . TxDOT Maintains a web site • at
http : / /www.dot. state. bc. us /Insdtdot/orgchart/cmd ,erosion /contenfs.httm which is updated as new •
products are evaluated.
Installation:
• • • Install in accordance with the manufacturer's recommendations. •
• Proper anchoring f the material.
I.
• Prepare a friable seed bed relatively free from clods and rocks and any foreign material.
• Fertilize and seed In accordance with seeding or other type of planting plan,
• Erosion stops should extend beyond the channel liner to full design cross - section of the channel,
• A uniform trench perpendicular to line of flow may be dug with a spade or a mechanical trencher.
• Erosion stops should be deep enough to penetrate solid material or below level of ruling In sandy
• soils.
• Erosion stop mats should be wide enough to allow tumover at bottom of trench for stapling, while
maintaining the top edge flush with channel surface.
Mulch
Description: Mulching is the process of applying a material to the exposed soli surface to protect it
from erosive forces and to conserve soli moisture until plants can become established. When
seeding critical sites, sites with adverse soli conditions or seeding on other than optimum seeding
dates, mulch material should be applied immediately after seeding. Seeding during optimum
seeding dates and with favorable soils and site conditions will not need to be mulched,
Materials:
• Mulch may be small grain straw which should be applied uniformly.
• On scopes 15 percent or greater, a binding chemical must be applied to the surface.
• Wood -fiber or paper -fiber mulch may be applied by hydroseeding.
• Mulch nettings maybe used.
• Wood chips may be used where appropriate.
Revised April 2, 2007
Page 2 of 32
•
•
Installation: •
• Mulch anchoring should be accomplished immediately after mulch placement. This maybe done by
one of the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch
binders.
So
Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or
where sodding Is preferred to other means of grass'establishment. Locations particularly suited to
stabilization with sod are waterways carrying intermittentflow, areas around drop inlets or in grassed
swales, and residential or commercial. lawns where quick use or aesthetics are factors. Sod Is
composed of living plants and those plants must receive adequate care in order to provide
• vegetative stabilization on a disturbed area.
Materials: • •
• Sod should be machine cut at a uniform soil thickness.
• Pieces of sod should be cut to the suppliers standard width and length.
•
• Tom or uneven pads are not acceptable. •
• Sections of sod should be strong enough to support their own weight and retain their size and -
shape when.suspended from a firm grasp.
• Sod should be harvested, delivered, and installed within a period of 36 hours,
•
Installation: • •
•
• Areas to be sodded should be brought to final grade.
•
• The surface should be cleared of all trash and debris. • -
• Fertilize according to soil tests.
• Fertilizer should be worked into the soil.
• Sod should not be cut or laid in excessively wet or dry weather.
• Sod should not be laid on soil surfaces that are frozen.
• During periods of high temperature, the soil should be lightly Irrigated.
• The first row of sod should be laid in a straight line with subsequent rows placed parallel to and
butting tightly against each other.
• Lateral joints should be staggered to promote more uniform growth and strength.
• Wherever erosion may be a problem, sod should be laid with staggered joints and secured.
Revised April 2, 2007 Page 3 of 32
•
• Sod should be installed with the Length perpendicular to the slope (on the contour),
• Sod should be roiled or,tamped.
•
• Sod should be irrigated to a sufficient depth. •
• Watering should be performed as often as necessary to maintain soil moisture.
• The first mowing should not be attempted until the sod is firmly rooted.'
• Not more than one third of the grass leaf should be removed at any one cutting. •
interceptor Swale
Interceptor swales are used to shorten the length of exposed slope by Infercepting runoff, prevent
off -site runoff from entering The disturbed area, and prevent sediment -laden runoff from leaving a
disturbed site. They may have a v -shape or be trapezoidal with a flat bottom and side slopes of 3:1
or flatter. The outflow from a swale should be directed to a stabilized outlet or sediment trapping
device. The swales should remain in place until the disturbed area is permanently stabilized.
Materials: •
•
• Stabilization should consist of a layer of crushed stone three inches thick, riprap or high velocity
erosion control mats.
• • Stone stabilization should be used when grades exceed 2% or velocities exceed 6 feet per
second.
• Stabilization should extend across the bottom of the swale and up both sides of the channel to a
minimum height of three inches above the design water surface elevation based on a 2 -year, 24-
i hour storm.
installation:
•
•
• • An Interceptor swats should be installed across exposed slopes during construction and should
intercept no more than 5 acres of runoff.
• All earth removed and not needed in construction should be disposed of in an approved spoils site
so that it will not interfere with the functioning of the swale or contribute to siltation in other areas
of the site.
• All trees, brush, stumps, obstructions and other material should be removed and disposed of so as
not to interfere with the proper functioning of the swale.
• Swales should have a maximum depth of 1.5 feet with side slopes of 3:1 or flatter. Swales should
have positive drainage for the entire length to an outlet.
• When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope),
stabilization is required. Stabilization should be crushed stone placed in a layer of at least 3 inches
thick or may be high velocity erosion control matting. Check dams are also recommended to
Revised April 2, 2007
Page 4 of 32
•
reduce velocities in the swaies possibly reducing the amount of stabilization necessary.
•
• Minimum compaction for the swats should be 90% standard proctor density. .
•
Diversion pikes
A temporary diversion dike Is a barrier created by the placement of an earthen embankment to
reroute the flow of runoff to an erosion control device or away from an open, easily erodible area. A
diversion dike intercepts runoff from small upland areas and diverts it away from exposed slopes to
a stabilized outlet, such as a rock berm, sandbag berm, or stone outlet structure. These controls can
be used on the perimeter of the site to prevent runoff from entering the construction area. Dikes are
generally used for the duration of construction to Intercept and reroute runoff from disturbed areas to
prevent excessive erosion until permanent drainage features are Installed and/or slopes are
stabilized.
•
Materials:.
• Stone stabilization (required for velocities in excess of 6 fps) should consist of riprap placed in a
layer at least 3 inches thick and should extend a minimum height of 3 inches above the design
water surface up the existing slope and the upstream face of the dike.
• Geotextile fabric should be a non -woven polypropylene fabric designed•specifically for use as a
soil filtration media with an approximate weight of 6 oz. /yd a Mullen burst rating of 140 psl, and
having an equivalent opening size (EOS) greater than a #50 sieve.
Installation:
• Diversion dikes should be installed prior to and maintained for the duration of construction and
should Intercept no more than 10 acres of runoff.
• Dikes should have a minimum top width of 2 feet and a. minimum height of compacted fill of 18
inches measured form the top of the existing ground at the upslope toe to top of the dike and have
side slopes of 3:1 or flatter.
• The soil for the dike should be placed In lifts of 8 Inches or less and be compacted to 95 %
standard proctor•density.
• The channel, which is formed by the dike, must have positive drainage for its entire length to an
outlet.
• When the slope exceeds 2 percent, or velocities exceed 6 feet per second (regardless of slope),
stabilization is required. In situations where velocities do not exceed 6 feet per second, .
vegetation may be used to control erosion.
•
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are on steep
slopes, swaies, diversion dikes, and on tidal or stream banks.
Revised April 2, 2001 Page 5 of 32
•
•
Materials:
•
•
New types of erosion control compost am continuously being developed. The Texas Department of
. Transportation (TxDOT) has established minimum performance standards which must be met for
any products seeking to be approved for use within any of TxDOT's construction or maintenance
activities. Material used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a •
webslte at http: / /www dot state. tx. us / des /l andscape /compost/specifications,htm that provides
information on compost specification data. This webslte also contains information on areas where
the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost
products.
ECC used for projects not related to TxDOT should also be of quality materials by meeting
performance standards and compost specification data. To ensure the quality of compost used as •
an ECC, products should meet all applicable state and federal regulations, including but not limited
to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations
(CFR), Title 40, Part 503 Standards for Class A biosoilds and Texas Natural Resource Conservation
Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas
Administration Code (TAC), Chapter 332, and ail other relevant requirements for compost.products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products
and §332.72 Final Product Grades. Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the Intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost ( TMECC) should be conducted on
compost products used for ECC to ensure that the products used will not Impact public health,
safety, and the environment and to promote production and marketing of quality composts that meet
analytical standards. TMECC is a laboratory manual that provides protocols for the composting
industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and
analyze materials during all stages of the composting process. Numerous parameters that might be
of concem in compost can be tested by following protocols or test methods listed in TMECC.
TMECC information can be found at http:// www.tmecc.org /tmecc /index.html. The USCC Seal of
Testing Assurance (STA) program contains information regarding compost STA certification. STA
program Information can be found at http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
• When rolling is specified, use a light corrugated drum roller.
Revised April 2,2007 Page 6 of 32
3
•
Mulch Filter Berms and Socks •
Description: Mulch filter berms and socks are used to intercept and detain sediment laden run -off
from unprotected areas. When properly used mulch filter berms and socks can be highlyeffective at
controlling sedlmentfrom disturbed areas. They cause runoff to pond which allows heavier solids to
• settle. Mulch filter berms and socks are used during the period of construction near the perimeter of
a disturbed area to Intercept sediment while allowing water to percolate through. The berm or sock
should remain in place until the area is permanently stabilized. Mulch filter berms should not be
used when there is a concentration of water in a channel or drainage way. If concentrated flows .
occur after installation, corrective action must be taken. Mulch filter socj s may be installed in
construction areas and temporarily moved during the day to allow construction activity provided it is
replaced and properly anchored at the end of the day. Mulch filter berms and socks maybe seeded
to allow for quick vegetative growth and reduction in run -off velocity.
•
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of TxDOT's construction or
maintenance activities, Mulch filter berms and socks used within any TxDOT construction or
maintenance activities must meet material specifications in accordance with .current TxDOT
. specifications. TxDOT maintains a webslte at
http : //www.dot, state. tx. us /desl landscape /compost/speciflcations.htm that provides information on
compost specification data. This webslte also contains information on areas where the Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used for mulch filter berms and socks, products should meet all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the
Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost
products outlined In TAC, Chapter 332. Testing requirements required by the TCEQ are defined in •
'TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final
Products and §332.72 Final Product Grades. Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols Included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for mulch filter berms and socks to ensure that the products used will not
• impact public health, safety, and the environment and to promote production and marketing of •
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed in TMECC. TMECC information can be found at
http: /lwww .tmecc.org /tmecc/lndex.html. The USCC Seal of Testing Assurance (STA) program
Revised April 2, 2007 Page 7 of 32
f _
•
contains information regarding compost STA certification. STA program information can be found at
http: i/ tmecc. org/ sta /STA_.program_description.htrni. .
installation:
•
• Install in accordance with current TxDOT specification.
•
• Mulch filter berms should be constructed at 1- 1 /2•feet high and 3 foot wide at locations shown on
plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after It has
reached 1/3 of the height of the berm. Disperse filter berm or leave in place as directed.
• Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be .
designed to allow for proper percolation through.
Compost Filter Berms and Socks
•
Description: Compost filter berms and socks are used to intercept and detain sediment laden run -
off from unprotected areas. When properly used, compost filter berms and socks can be highly
effective at controlling sediment from disturbed areas. They cause runoff to pond which allows
heavier solids to settle. Compost filter berms and socks are used during the period of construction
near the perimeter of a disturbed area to Intercept sediment while allowing water to percolate
through. The berm or sock should remain In place until the area is permanently stabilized. Compost
filter berms should not be used when there is a concentration of water in a channel or drainage way.
If concentrated flows occur after installation , corrective action must be taken. Compost filter socks
may be installed In construction areas and temporality moved during the day to allow construction
activity provided it Is replaced and properly anchored at the end of the day. Compostfilterbemms and
socks may be seeded to allow for quick vegetative growth and reduction in run -off velocity.
Materials:
•
•
New types of compost filter berms and socks are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
must be metforany products seeking to be approved for use within any of TxDOT's construction.or
maintenance activities. Compost filter berms and socks used within any TxDOT construction or
maintenance activities must meat material specifications In accordance with TxDOT specification
1059, TxDOT maintains a website at
http: / /www. dot state. tx. us / des / landscape /compost /specifications.htm that provides Information on
compost specification data. This website also contains Information on areas where the Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used as compost filter berms and socks, products should meet all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant
Robed April 2, 2C07 Page 8 of 32
requirements for compost products outlined in TAC, Chapter332. Testing requirements required by
the TCEQ are defined in TAC Chapter 332, Including Sections §332.71 Sampling and Analysis
Requirements for Final Products and §332.72 Final Product Grades. Compost specification data
approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for. .
guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for compost filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
Protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process. •
Numerous parameters that might be of concern in compost can be tested by following protocols or •
test methods listed in TMECC. TMECC information can be found at
http:/ lwww .tmecc.orgltmeccllndex.htmi. The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program Information can be found at
http://tmecc.org/sta/STA_program_description.html. •
• Installation:
• Install in accordance with TxDOT Special Specification 1059.
• Compost filter berms shall be constructed at 1 -1/2 feet high and 3 foot wide at locations shown on
plans.
• Routinely Inspect and maintain filter berm in a functional at all times. Correct deficiencies
Immediately. Install additional filter berm material as directed.. Remove sediment after it has
reached 113 of the height of the berm. Disperse filter berm or leave in place as directed.
• Compost filter socks shall be in 8 inch, 12 Inch or 18 inch or as directed. Sock materials shall be .
designed allowing for proper percolation through. •
SEDIMENT CONTROL BMPS
Sand Bach Berm
Description: The purpose of a sandbag berm is to detain sediment.carried in runoff from disturbed
areas. This objective Is accomplished by intercepting runoff and causing it to pool behind the sand
bag berm. Sediment carried in the runoff is deposited on the upstream side of the sand bag berm
due to the reduced flow velocity. Excess runoff volumes are allowed to flow over the top of the sand
bag berm, Sand bag berms are used only during construction activities in streambeds when the
contributing drainage area is between 5 and 10 acres and the slope is less than 15 %, i.e., utility
construction in channels, temporary channel crossing for cohstruction equipment, etc. Plastic facing
should be installed on the upstream side and the berm should be anchored to the streambed by
drilling into the rock and driving in "T" posts or rebar ( #5 or #6) spaced appropriately.
Revised Apnl 2, 2007 Page 9 of 32
{
•
•
•
Materials: •
•
• The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap woven
fabric, minimum unit weight 4 oz/yd 2, muilen burst strength exceeding 300 psi and ultraviolet
stability exceeding 70 percent,
. • The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should
be 8 to 8 inches. •
•
• Sandbags should be filled with coarse grade sand and free from deleterious material. All sand
should pass through a No. 10 sieve. The filled bag should have an approximate weight of 40
pounds.
• Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal internal •
diameter of 4 inches.
•
Installation: •
• • The berm should be a minimum height of 18 Inches, measured from the top of the existing ground
at the upslope toe to the top of the berm.
•
• The berm should be sized as shown In the plans but should have a minimum width of 48 inches
measured at the bottom of the berm and 16 inches measured at the top of the berm.
• Runoff water should flow over the tops of the sandbags or through 4 -inch diameter PVC pipes
embedded below the top layer of bags. -
• When a sandbag Is filled with material, the open end of the sandbag shouldbe stapled or tied with
nylon or poly cord.
•
• Sandbags should be stacked in at least three rows abutting each other, and in staggered
arrangement.
•
• The base of the berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in
the second and third rows respectively,
• For each additional 6 inches of height, an additional sandbag must be added to each row width.
• A bypass pump - around system, or similar alternative, should be used on conjunction with the
berm for effective dewatering of the work area.
Silt Fence
Description: A slit fence is a barrier consisting of geotextile fabric supported by metal posts to
prevent soil and sediment loss from a site. When properly used silt fences can be highly effective
at controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids
to settle. If not properly installed, silt fences are not likely to be effective. The purpose of a siltfence
is to intercept and detain water - borne sediment from unprotected areas of a limited extent. Silt
fence is used during the period of construction near the perimeter of a disturbed area to intercept
sediment while allowing water to percolate through. This fence should remain in place until the
( •disturbed area is permanently stabilized. Silt fence should not be used where there Is• a
Revised April 2, 2007
Page 1 0 of 32
•
concentration of water in a channel or drainage way. If concentrated flow occurs after Installation,
corrective action must be taken such as placing a rock berm in the areas of concentrated flow. Silt ,
fencing within the site may be temporarily moved during the day to allow construction activity
provided it is replaced and properly anchored to the ground at the end of the day. Silt fences on the
perimeter of the site or around drainage ways should not be moved at any time.
Materials:
•
• Silt fence material should be polypropylene, polyethylene or polyamlde woven or nonwoven fabric.
• The fabric width should be 36 Inches, with a minimum unit weight of 4.5 oz/yd, mullen burst
strength exceeding 190 lb/in 2, ultraviolet stability exceeding 70%, and minimum apparent opening
size of U.S. Sieve No. 30.
• Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y -bar cross
section, surface painted or galvanized, minimum nominal weight 1:25 lb/ft 2, and Brindell hardness
exceeding 140. '
• Woven wire backing to support the fabric should be galvanized 2' x 4" welded wire, 12 gauge
• minimum: •
Installation:
• Steel posts, which support the silt fence, should be Installed on a slight angle toward the
anticipated runoff source. Post Must be embedded a minimum of 1 foot deep and spaced not
more than 8 feet on center. Where water concentrates, the maximum spacing should be 6 feet. . •
• Lay out fencing down -slope of disturbed area, following the contour as closely as possible. The
. • fence should be sited so that the maximum drainage area is 1/4 acre /100 feet of fence.
• The toe of the sill fence should be trenched in with a spade or mechanical trencher, so that the
down -slope face of the trench is flat and perpendicular to the Tine of flow. Where fence cannot be
trenched in (e.g., pavement or rock outcrop), weight fabric flap with 3 inches of pea gravel on
, uphill side to prevent flow from seeping under fence.
• The trench must be a minimum of 6 inches deep and 6 inches wide to allowforthe siltfencefal,ric
to be laid In the ground and backfllled with compacted material.
• Silt fence should be securely fastened to each steel support post or to woven wire, which is In tum
attached to the steel fence post. There should be a 3 -foot overlap, securely fastened where ends
of fabric meet.
Triangular Filter Dike
Description: The purpose of a triangular sediment filter dike is to intercept and detain water -bome
sediment from unprotected areas of limited extent. The triangular sediment filter dike is used where
there is no concentration of water in a channel or other drainage way above the barrier and the
contributing drainage area is less than one acre. If the uphill slope above the dike exceeds 10 %,
the length of the slope above the dike should be less than 50 feet. If concentrated flow occurs after
installation, corrective action should be taken such as placing rock berm in the areas of
concentrated flow. This measure is effective on paved areas where installation of silt fence Is not
possible or where vehicle access must be maintained. The advantage of these controls is the ease
Revised April 2, 2007 Page 11 of 32
•
•
•
•
with which they can be moved to allow vehicle traffic and then reinstalled to maintain sediment
•
Materials:
• Silt fence material should be polypropylene, polyethylene orpolyamide woven or nonwoven fabric.
The fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst
strength exceeding 190 lb/in 2 , ultraviolet stability exceeding 70 %, and minimum apparent
opening size of U.S. Sieve No. 30.
•
• The dike structure should be 6 gauge 6" x 6" wire mesh folded Into triangular form being eighteen
(18) inches on each side.
•
installation:
• The frame of the triangular sediment filter dike should be constructed of 6" x 6 ",.6 gauge welded
wire mesh, 18 Inches per side, and wrapped with geotextile fabric the same composition as that
used for silt fences.
• Filter material should lap over ends six (6) inches to cover dike to dike junction; each Junction
should be secured by shoat rings.
• Position dike parallel to the contours, with the end of each section closely abutting the adjacent
sections.
• There are several'options for fastening the filter dike to the ground. The fabric skirt may be toed -In
with 6 inches of compacted material, or 12 Inches of the fabric skirt should extend uphill and be
secured with a minimum of 3 inches of open graded rock, or with staples or nails. If these two
options are not feasible the dike structure may be trenched in 4 inches.
• Triangular sedlmentfilterdikes should be installed across exposed slopes during construction with
ends of the dike tied into existing grades to prevent failure and should intercept no more than one
acre of runoff.
•
• When moved to allow vehicular access, the dikes should be reinstalled as soon as possible, but
always at the end of the workday.
•
Rock Berm
Description: The purpose of a rock berm Is to serve as a check dam in areas of concentrated flow,
to intercept sediment -laden runoff, detain the sediment and release the water in sheet flow. The
rock berm should be used when the contributing drainage area is less than 5 acres. Rock berms
are used in areas where the volume of runoff Is too great for a slit fence to contain. They are less
•
effective for sediment removal than silt fences, particularly for fine particles, but are able to
withstand higher flows than a slit fence. As such, rock berms are often used.in areas of channel
flows (ditches, gullies, etc.). Rock berms are most effective at reducing bed load in channels and
should not be substituted for other erosion and sediment control measures further up the watershed.
Materials:
• The berm structure should be secured with a woven wire sheathing having maximum opening of 1
Inch and a minimum wire diameter of 20 gauge galvanized and should be secured with shoat
rings.
Revised April 2, 21)07
Page 12 of 32
•.Clean, open graded 3- to 5 -inch diameter rock should be used, except in areas where high
'velocities or large volumes of flow are expected, where 5- to 8 -inch diameter rocks may be used.
• Installation: •
•
• Lay out the woven wire sheathing perpendicular to the flow line. The sheathing should be 20
gauge woven wire mesh with 1 inch openings.
•
• Berm should have a top width of 2 feet minimum with side slopes being 2:1 (H:V) or flatter.
• Place the rock along the sheathing to a height not less than 18 ".
• Wra p sheathing the wire sheathin around the rock and secure with tie wire so that the ends of the
sheathing overlap at least 2 inches, and the berm retains its shape when walked upon.
• Berm should be built along the contour at zero percent grade or as near as possible.
• The ends of the berm should be tied into existing upslope grade and the berm should be buried in
a trench approximately 3 to 4 inches deep to prevent failure of the control.
Hav Bale Dike • '
Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of •
sediment -laden runofffrom relatively small unprotected areas. Straw bales are to be used when it is
not feasible to install other, more effective measures orwhen the construction phase is expected to
last less than 3 months. Straw bales should not be used on areas where rock or other hard
surfaces prevent the full and uniform anchoring of the barrier.
Materials:
Straw: The best quality straw mulch comes from wheat, oats or barley and should be free of weed
and grass seed which may not be desired vegetation for the area to be protected. Straw mulch is
light and therefore must be properly anchored to the ground.
Hay: This is very similar to straw with the exception that it is made of grasses and weeds and not
grain stems. This form of mulch Is very inexpensive and is widely available but does introduce weed
and grass seed to the area. Like straw, hay Is light and must be anchored.
• Straw bales should weigh a minimum of 50 pounds and should be at least 30 inches long.
• Bales should be composed entirely of vegetable matter and be free of seeds.
• • Binding should be either wire or nylon string, jute or cotton binding is unacceptable. Bales should
be used for not more than two months before being replaced.
{ Installation:
• Bales should be embedded a minimum of 4 inches and securely anchored using 2" x 2" wood
' stakes or 318" diameter rebar driven through the bales into the ground a minimum of 6 inches.
• Bales are to be placed directly adjacent to one another leaving no gap between them.
Revised April 2, 2007 Page 13 of 32
•
• All bales should be placed on the contour.
• The first stake in each bale should be angled toward the previously laid bale to force the bales
together.
Brush Berms
Organic litter and spoil material from site clearing operations is usually burned or hauled away to be
dumped elsewhere. Much of this material can be used effectively on the construction site itself. The
key to constructing an efficient brush berm is in the method used to obtain and place the brush. It
will not be acceptable to simply take a bulldozer and push whole trees into a pile. This method does
not assure continuous ground contact with the berm and will allow uncontrolled flows under the
berm.
Brush berms may be used where there Is little or no concentration of water In a channel or other
drainage way above the berm. The size of the drainage area should be no greaterthan one - fourth of
an acre per 100 feet of barrier• length; the maximum slope length behind the barrier should not
exceed 100 feet; and the maximum slope gradient behind the barrier should be less than 50 percent
(2:1).
•
Materials:
• The brush should consist of woody brush and branches, preferably less than 2 inches in diameter.
• The filter fabric should conform to the specifications for filter fence fabric.
• The rope should be 1/4 inch polypropylene or nylon rope.
• The anchors should be 3/8 -inch diameter rebar stakes that are 18- inches long.
• Installation:
• Lay out the brush berm following the contour as closely as possible.
• The juniper limbs should be cut and hand placed with the vegetated part of the limb in close
contact with the ground. Each subsequent branch should overlap the previous branch providing a •
• shingle effect.
• The brush berm should be constructed in lifts with each layer extending the entire length of the
berm before the next layer is started.
• A trench should be excavated 6- inches wide and 4- inches deep along the length of the barrier and
Immediately uphill from the barrier.
• The filter fabric should be cut into lengths sufficient to lay across the barrier from its up -slope base
to just beyond Its peak. The lengths of filter fabric should be draped across the width of the barrier
with the uphill edge placed in the trench and the edges of adjacent pieces overlapping each other.
Where joints are necessary, the fabric should be spliced together with a minimum 6 -inch overlap
•
Revised April 2, 2007 Page 14 of 32
•
and securely sealed.
• The trench should be backfilled and the soil compacted over the filter fabric.
• Set stakes into the ground along the downhill edge of the brush barrier, and anchor the fabric by
tying rope from the fabric to the stakes. Drive the rope anchors into the ground at approximately a
45- degree angle to the ground on 6 -foot centers.
• Fasten the rope to the anchors and tighten berm securely to the ground with a minimum tension
of 50 pounds.
• The height of the brush berm should be a minimum of 24 inches after the securing ropes have
been tightened.
•
Stone Outlet Sediment Traps .
• A stone outlet sediment trap is an Impoundment created by the placement of an earthen and stone
embankment to prevent soli and sediment loss from a site. The purpose of a sediment trap is to
{ intercept sediment -laden runoff and trap the sediment In order to protect drainage ways; •properties
and rights of way below the sediment trap from sedimentation. A sediment trap is usually installed at
points of discharge from disturbed areas. The drainage area for a sediment trap Is recommended to
be less than 5 acres.
Larger areas should be treated using a sediment basin. A sediment trap differs from a
sediment basin mainly in the type of discharge structure. The trap should be located to obtain the
maximum' storage benefit from the terrain, for ease of clean out and disposal of the trapped
sediment and to minimize Interference with construction activities. The volume of the trap should be
• at least 3600 cubic feet per acre of drainage area.
Materials:
•
•
• All aggregate should be ,at lest 3 inches in diameter and should not exceed a volume of 0.5
cubic foot.
• The geotextile fabric specification should be woven polypropylene, polyethylene or polyamide
geotextile, minimum unit weight of 4.5 oz/yd 2, mullen burst strength at least 250 lb/in 2,
ultraviolet stability exceeding 70 %, and equivalent opening size exceeding 40.
Installation:
• Earth Embankment Place fill material In layers not more than 8 inches in loose depth. Before
compaction, moisten or aerate each layer as necessary to provide the optimum moisture content
of the material. Compact each layer to 95 percent standard proctor density. Do not place
material on surfaces that are muddy or frozen. Side slopes for the embankment are to be 3:1.
The minimum width of the embankment should be 3 feet.
• A gap is to be left in the embankment in the location where the natural confluence of runoff
crosses the embankment line. The gap is to have a width in feet equal to 6 times the drainage
area in acres.
Revised April 2, 2007 Page 15 of 32
•
•
• Geotextile Covered Rock Core: A core of filter stone having a minimum height of 1.5 feet and a
minimum width at the base of 3 feet should be placed across the opening of the earth
embankment and should be covered_by geotextile fabric which should extend a minimum
distance of 2 feet in either direction from the base of the filter stone core. .
• Filter Stone Embankment Filter stone should be placed over the geotextile and is to have a side
• slope which matches that of the earth embankment of 3:1 and should cover the geotextile /rock
core a minimum of 6 inches when installation is complete. The crest of the outlet should be at
least 1 foot below the top of the embankment.
•
•
Sediment Basins:
The purpose of a sediment basin isto intercept sediment -laden runoff and trap the sediment in order
. to protect drainage ways, properties and rights of way below the sediment basin from sedimentation.
A sediment basin is usually Installed at points of discharge from disturbed areas. The drainage area
fora sediment basin is recommended to be less than 100 acres.
Sediment basins are effective for capturing and slowly releasing the runoff from larger disturbed
• areas thereby allowing sedimentation to take place. A sediment basin can be created where a •
permanent pond BMP is being constructed. Guidelines for construction of the permanent BMP
should be followed, but revegetation, placement of underdrain piping, and installation of sand or
other filter media should not be carried out until the site construction phase is complete.
Materiais: • • Riser should be corrugated metal or reinforced concrete pipe or box and should have watertight
fittings or end to end connections of sections.
•
• .An outlet pipe of corrugated metal or reinforced concrete should be attached to the riser and
should have positive flow to a stabilized outlet on the downstream side of the embankment.
• An anti - vortex device and rubblsh screen should be attached.to the top of the riser and should
be made of polyvinyl chloride or corrugated metal.
Basin Design and Construction:
• For common drainage locations that serve an area with ten or more acres disturbed at one time,
• a sediment basin should provide storage for a volume of runoff from a two -year, 24 -hour storm
• from each disturbed acre drained.
• The basin length to width ratio should be at least 2:1 to improve trapping efficiency. The shape
may be attained by excavation or the use of baffles. The lengths should be measured at the
elevation of the riser de- watering hole.
• Placeflll material in layers not more than 8 inches in loose depth. Before compaction, moisten or
aerate each layer as necessary to provide the optimum moisture content of the material.
Compact each layer to 95 percent standard proctor density. Do not place material on surfaces
that are muddy or frozen. Side slopes for the embankment should be 3:1 (H:
• An emergency spillway should be installed adjacent to the embankment on undisturbed soil and
should be sized to carry the full amount of flow generated by a 10 -year, 3 -hour stomp with 1 foot
Revised April 2, 2007 Page 16 of 32
•
•
of freeboard less the amount which can be carried by the principal outlet control device.
• The emergency spillway should be lined with rlprap as should the swale leading from the
spillway to the normal watercourse at the base of the embankment. •
• The principal outlet control device should consist of a rigid vertically oriented pipe or box of • .
corrugated metal or reinforced concrete, Attached to -this structure should be a horizontal pipe,
which should extend through the embankment to the toe of fill to provide a de- watering outlet for
the basin.
•
•
• An anti- vortex device- should be attached to the inlet portion of the principal outlet control device
to serve as a rubbish screen. •
• A concrete base should be used to anchor the principal outlet control device and should be
sized to provide a safety factor of 1.5 (downward forces = 1.5 buoyant forces).
• • The basin should include a permanent stake to Indicate the sediment level in the pool and -
marked to indicate when the sediment occupies 50% of the basin volume (not the top of the
stake).
• The top ofthe riser pipe should remain open and be guarded with a trash rack and anti- vortex
device. The top of the riser should be 12 Inches below the elevation of the emergency spillway.
The riser should be sized to convey the runoff from the 2 -year, 3 -hour storm when the water
surface is at the emergency spillway elevation. For basins with no spillway the riser must be
sized to convey the runoff from the 10 -yr, 3 -hour storm.
• Antl -seep collars should be Included when soil conditions or length of service make piping.
through the backflll a possibility.
. • The 48 -hour drawdown time will be achieved by using a riser pipe perforated at the point
measured from the bottom of the riser pipe equal to the volume of the basin. This Is the
maximum sediment storage elevation. The size of the perforation may be calculated as follows:
•
• As 2h
Ao = Cd x 980,000
Where:
A. = Area of the de- watering hole, ft 2
•
A, = Surface area of the basin, ft 2
Cd = Coefficient of contraction, approximately 0.6
h = head of water above the hole, ft •
Perforating the riser with multiple holes with a combined surface area
equal to A. is acceptable.
Erosion Control Compost
•
Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical
Revised April 2, 2007 Page 17 of 32
}
1 -
•
•
•
sites during the establishment period of protective vegetation.•The Most common uses are on steep
slopes, swates, diversion dikes, and on tidal or stream banks.
•
Materials:
•
New types of erosion control compost are continuously being developed, The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for
any products seeking to be approved for use within any of TxDOT's construction or maintenance
activities. Material used within any TxDOT construction or. maintenance activities must meet
material specifications in accordance with current TxDOT specifications, TxDOT maintains a
webslte at http: / /www. dot. state. tx. us/ desllandscape /compost/specifications.htm that provides .
information on compost specification data. This website also contains information on areas where
the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost
products.
•
ECC used for projects not related to TxDOT should also be of quality materials by meeting
performance standards and compost specification data To ensure the quality of compost used as
an ECC, products should meet all applicable state and federal regulations, including but not limited
to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations
(CFR), Titie 40, Part 503 Standards for ClassA biosolIds and Texas Natural Resource Conservation
Commission (now named TCEQ) Health and Safety Regulations as defined In the Texas
Administration Code (TAC), Chapter 332, and ail other relevant requirements for compost products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined In TAC
Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products
and §332.72 Final Product Grades, Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the Intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCG) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used. for ECC to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality composts that meet
analytical standards, TMECC Is a laboratory manual that provides protocols for the composting ,
industry and test methods for compost analysis. TMECC provides protocols to sample, monitor, and
analyze materials during all stages of the composting process. Numerous parameters that might be
of concern in compost can be tested by following protocols or test methods listed in TMECC.
TMECC information can be found at http:// www.tmecc.org /tmecc/lndex.html. The USCC Seal of
Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http : / /tmecc.orgtsta /STA_program description.html,
Installation:
• • Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
• • When rolling is specified, use a light corrugated dram roller. •
Revised April 2, 2007
Page 18 of 32
•
•
Mulch Filter Berms and Socks
are used to intercept and detain sediment laden run -off •
Description: Mulch filter berms and socks a p
P
from unprotected areas. When properly used, mulch filter beans and socks can be highly effective at
controlling sediment from disturbed areas. They cause runoff to pond which allows heavier solids to
settle. Mulch filter berms and socks are used during the period of construction near the perimeter of
a disturbed area to Intercept sediment while allowing watertopercolate through. The berm or sock
should remain in place until the area Is permanently stabilized. Mulch filter berms should not be
used when there is a concentration of water in a channel or drainage way. 1f concentrated flows •
occur after installeition, corrective action must be taken. Mulch filter socks may be installed in
construction areas and temporarily moved during the day to allow construction activity provided it is
replaced and properly anchored at the end of the day. Mulch filter beans and socks may be seeded
to allow for quick vegetative growth and reduction in run -off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any of TxDOT's construction or
• maintenance activities. Mulch filter berms and socks used within any TxDOT construction or
maintenance activities must meet material specifications in accordance with current TxDOT
specifications. TxDOT maintains a website at
http: //www. dot,state.tx.us/ des / landscape /compostlspeciflcations.htm that provides information on
• compost specification data. This webslte also contains information on areas where the Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
•
Mulch filter berms and socks used for projects not related to TxDOT should also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used for mulch filter berms and socks, products should meet all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission Health and Safety Regulations as defined in the
Texas Administration Code (TAC), Chapter 332, and all other relevant requirements for compost
products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in
• TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final
Products and §332.72 Final Product Grades, Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guldance.
Testing standards are dependent upon the Intended use for the compost and ensures product
• safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols Included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products used for mulch filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed in TMECC. TMECC information can be found at
Revised April 2, 2007 Page 19 of 32
•
•
Regulations as defined in the Texas Administration Code (TAC), Chapter 332. and all other relevant
requirements for compost products outlined in TAC, Chapter332. Testing requirements required by
the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
Requirements for Final Products and §332.72 Final Product Grades. Compost specification data
approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for -
guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included In the United States Composting Council (USCC) Test
. Methods for the Examination of Composting and Compost ( TMECC) should be conducted on •
compost products used for compost filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process. • •
Numerous parameters that might be of concern in compost can be tested by following protocols or '
test methods listed in TMECC. TMECC information can be found at
http;// www.tmecc.org /tmecclindex.html. The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with TxDOT Special Specification 1C)59..
•
• Compost filter berms shall be constructed at 1 -1/2 feet high and 3 foot wide at locations shown '
on plans. • • Routinely inspect .and maintain filter berm in a functional condition at all times. Correct
deficiencies immediately. Install additional filter berm material as directed. Remove sediment •
after It has 'reached 1/3 of the height of the berm. Disperse filter berm or leave in place as
directed. •
•
• • Compost filter socks shall be in 8 inch, 12 inch or 18 Inch or as directed. Sock materials shall be
• deslgned allowing for proper percolation through.
POST - CONSTRUCTION TSS CONTROLS •
Retention /lrr'oation Systems •
Description: Retention /irrigation systems refer to the capture of runoff in a holding pond, then use
of the captured water for irrigation of appropriate landscape areas. Retention/irrigation systems are
characterized by the capture and disposal of runoff without direct release of captured flow to
receiving streams. Retention systems exhibit excellent pollutant removal but can require regular,
proper maintenance. Collection of roof runoff for subsequent use (rainwater harvesting) also
u should be operated and sized to provide adequate
s. a retention/irrigation atlon tactics, but sho p q
qualifies a 9 P P
volume. This technology, which emphasizes beneficial use of stormwater runoff, is particularly
appropriate for add regions because of increasing demands on water supplies for agricultural
irrigation and urban water supply.
Revised April z, 2007 - Page 21 of 32
•
•
a receiving water passes through the filter strip before entering a conveyance system. Properly
designed roadway medians and shoulders make effective buffer strips. These devices also can be
used on other types of development where and is available and hydraulic conditions are
appropriate.
Flat slopes and low to fair permeability of natural subsoil are required for effective performance of
filter strips. Although an inexpensive control measure, they are most useful in contributing watershed • -
areas where peak runoff velocities are low as they are unable to treat the high flow velocities .
typically associated with high impervious cover. -
Successful performance of filter strips relies heavily on maintaining shallow unconcentrated flow. To
avoid flow channellzation and maintain performance, a filter strip should:
• • Be equipped with a level spreading device for even distribution of runoff
• Contain dense vegetation with a mix of erosion resistant, soil binding species
• Be graded to a uniform, even and relatively low slope
•
• Laterally traverse the contributing runoff area
Filter strips can be used upgradient from watercourses, wetlands, or other water bodies along toes
and tops of slopes and at outlets of other stormwater management structures. They should be
incorporated into street drainage and master drainage planning. The most important criteria for
'selection and use of this BMP are soils, space, and slope.
Design Considerations: Vegetative filter strips can remove approximately 85% of the total
suspended solids contained within the volume of runoff captured. Design elements of vegetative
filter strips include uniform,•shaliow overland flow across the entire filter strip area, hydraulic loading
rate, inlet structures, slope, and vegetative cover. The area should be free of gullies or rills which
- can concentrate flow. Vegetative filter strips are appropriate for small drainage areas with moderate
slopes. Other design elements include the following:
•
• Soils and moisture are adequate to grow relatively dense vegetative stands
• Sufficient space is available
•
' • Slope is less than 12%
• Comparable performance to more expensive structural controls
Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest
management, seasonal mowing and lawn care, routine inspections, debris and litter removal,
sediment removal, and grass reseeding and mulching.
Constructed Wetlands
Description: Constructed wetlands provide physical, chemical, and biological water quality
Revised April 2, 2007 Page 23 of 32
1
•
treatment of stormwater runoff. Physical treatmentoccurs as a result of decreasing flow velocities in
the wetland, and is present in the form of evaporation, sedimentation, adsorption, and /or filtration.
Chemical processes include chelatlon, precipitation, and chemical adsorption. Biological processes
include decomposition, plant uptake and removal of nutrients, plus biological transformation and
degradation. Hydrology is one of the most Influential factors in pollutant removal due to its effects
. on sedimentation, aeration, biological transformation, and adsorption onto bottom sediments.
The wetland should be designed such that a minimum 'amount of maintenance is required. The
natural surroundings, including such things as the potential energy of a stream or flooding river,
should be utilized as much as possible. The wetland should approximate a natural situation and
unnatural attributes, such as rectangular shape or rigid channel, should be avoided.
• Site considerations should include the water table depth, soli /substrate, and space requirements.
Because the wetland must have a source of flow, it is desirable that the water table is at or near the
surface. If runoff is the only source of inflow for the wetland, the water level often fluctuates and
establishment of vegetation may be difficult. The soil or substrate of an artificial wetland should be
loose loam to clay. A perennial baseflow must be present to sustain the artificial wetland. The
presence of organic material is often helpful in increasing pollutant removal and retention. A greater
amount of space is required fora wetland system than is required fora detention facility treating the
same amount of area.
•
Design Considerations: Constructed wetlands can remove over 90% of the total suspended solids
contained within the volume of runoff captured in the wetland. Design elements of constructed
wetlands Include wetland sizing, wetland configuration, sediment forebay, vegetation, outflow
structure, depth of inundation during storm events, depth of micropools, and aeration. Constructed
wetlands are appropriate for large drainage areas with low to moderate slopes.
Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing,
routine inspections, debris and litter removal, erosion control, nuisance control, structural repairs,
sediment removal, harvesting, and maintenance of water levels.
•
Wet Basins •
Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a
standing crop of emergent littoral vegetation. These facilities may vary In appearance from natural
ponds to enlarged, bermed (manmade) sections of drainage systems and may function as online or
offline facilities, although offline configuration is preferable. Offline designs can prevent scour and
other damage to the wet pond and minimize costly outflow structure elements needed to
accommodate extreme runoff events.
During storm events, runoff inflows displace part or ail of the existing basin volume and are retained
and treated in the facility until the next storm event. The pollutant removal mechanisms are settling
of solids, wetland plant uptake, and microbial degradation. When the wet basin is adequately sized,
pollutant removal performance can be excellent, especially for the dissolved. fraction. Wet basins
also help provide erosion protection for the receiving channel by limiting peak flows during larger
storm events. Wet basins are often perceived as a positive aesthetic element in a community and
offer significant opportunity for creative pond configuration and landscape design. Participation of
an experienced wetland designer is suggested. A significant potential drawback for wet ponds in
arid climates is that the contributing watershed for these facilities is often incapable of providing an
adequate water supply to maintain the permanent pool, especially during the summer months.
Makeup water (i.e., well water or municipal drinking water) is sometimes used to supplement the
•
Revised April 2, 2007 Page 24 of 32
rainfall /runoff process, especially for wet basin facilities treating watersheds that generate
insufficient runoff.
Design Considerations: Wet basins can remove over 90% of the total suspended solids contained
within the volume of runoff captured in the basin. Design elements of wet basins include basin
sizing, basin configuration, basin side slopes, sediment forebay, inflow and outflow structures,
vegetation, depth of permanent pool, aeration, and erosion control. Wet basins are appropriate for
large drainage areas with low to moderate slopes.
•
Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine
inspections, debris and litter removal, erosion control, nuisance control, structural repairs, sediment
removal, and harvesting.
Grassy Swales •
•
Grassy swales are vegetated channels that convey storrnwater and remove pollutants by filtration
through grass and Infiltration through soil. They require shallow slopes and soils that drain well.
Pollutant removal capability is related to channel dimensions, longitudinal slope, and type of
vegetation. Optimum design of these components will increase contact time of runoff through the
swale and Improve pollutant removal rates.
Grassy swales . are primarily stormwater conveyance systems. They can provide sufficient control
under light to moderate runoff conditions, but their abilltyto control large storms is limited. Therefore,
they are most applicable in low to moderate sloped areas or along highway medians as an
alternative to ditches and curb and gutter drainage. Their performance diminishes sharply In highly
urbanized settings, and they are generally not effective enough to receive construction stage runoff
where high sediment loads can overwhelm the system. Grassy swales can be used as a
pretreatment measure for other downstream BMPs,.such as extended detention basins. Enhanced
grassy swales utilize check dams and wide depressions to increase runoff storage and promote
greater settling of pollutants.
•
Grassy swales can be more aesthetically pleasing than concrete or rack -llned drainage systems and
are generally less expensive to construct and maintain. Swales can slightly reduce impervious area
and reduce the pollutant accumulation and delivery associated with curbs and gutters. The
disadvantages of this technique include the possibility of erosion and channelization over time, and
the need for more right -of -way as compared to a storm drain system. When properly constructed,
inspected, and maintained, the life
expectancy of a Swale is estimated to be 20 years.
Design Considerations:
• Comparable performance to wet basins
•
• Limited to treating a few acres
• Availability of water during dry periods to maintain vegetation
• Sufficient available land area
The suitability of a swale at a site will depend on land use, size of the area serviced, soil type, slope,
imperviousness of the contributing watershed, and dimensions and slope of the swale system. In
Revised April 2, 2007 Page 25 of 32
•
• BMPs, such as erosion control blankets, may need to be installed at the time of seeding to
provide stability until the vegetation is fully established. It may also be necessary to divert water
from the channel until vegetation is established or to line the channel with sod. •
•
• Vegetated ditches must not be subject to sedimentation from disturbed areas.
• Sediment traps may be needed at channel inlets to prevent entry of muddy runoff and channel
sedimentation.
• Availability of water during dry periods to maintain vegetation • •
• Sufficient available land area .
• Maintenance:
During establishment, vegetation tined drainage ditches should be inspected, repaired, and
vegetation reestablished if necessary. After the vegetation has become established, the ditch •
should be checked periodically to determine if the channel is withstanding flow velocities without
damage. Check the ditch for debris, scour, or erosion and immediately make repairs if needed.
Check the channel outlet and all road crossings for bank stability and evidence of piping or scour
holes and make repairs immediately. Remove all significant sediment accumulations to maintain
vegetation In a healthy condition at all times, since
it is
the designed carrying opacity. Keep the g y
the primary erosion protection for the channel. Vegetation lined drainage ditches should be
seasonally maintained by mowing or irrigating, depending on the vegetation selected. The long -
term management of ditches as stable, vegetated, "natural" drainage systems with native
vegetation buffers is highly recommended due to the inherent stability offered by grasses,
shrubs, trees, and other vegetation.
Research in the Austin area indicates that vegetated controls are effective at removing pollutants
even when dormant. Therefore, irrigation is not required to maintain growth during dry periods, but
may be necessary only to prevent vegetation from dying. •
Sand Filter Systems
The objective of sand filters is to remove sediment and the pollutants from the first flush of •
pavement and impervi.,us area runoff. The filtration of nutrlents, organics, and coliform bacteria is
enhanced by a mat of bacterial slime that develops during normal operations. One of the main
advantages of sand filters is their adaptability; they can be used on areas with thin soils, high
evaporation rates, low -soli infiltration rates, in limited -space areas, and where groundwater Is to be
protected.
•
Since their original inception in Austin, Texas, hundreds of intermittent sand filters have been
implemented to treat stormwater runoff. There have been numerous alterations or variations in the
original design as engineers in other jurisdictions have improved and adapted the technology to
meet their specific requirements. Major types include the Austin Sand Filter, the District of Columbia
Underground Sand Filter, the Alexandria Dry Vault Sand Filter, the Delaware Sand Filter, and peat-
sand filters which are adapted to provide a sorption layer and vegetative cover to various sand filter
designs .
Revised April 2, 2007 Page 27 of 32
•
•
•
•
.Design Considerations:
• Appropriate for space - limited areas
• Applicable in arid climates where wet basins and constructed wetlands are not appropriate
• High TSS removal efficiency
Cost Considerations:
Filtration Systems may require Tess land than some other BMPs, reducing the land acquisition
cost; however the structure itself is one of the more expensive BMPs. In addition, maintenance
cost can be substantial.
•
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical
sites during the establishment period of protective vegetation. The most common uses are on steep
slopes, swales, diversion dikes, and on tidal or stream banks.
Materials: •
•
New types of erosion control compost are continuously being developed. The Texas Department of
Transportation ( TxDOT) has established minimum performance standards which must be met for
any products seeking to be approved for use within any of TxDOT's construction or maintenance
activities. Material used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a
website at htt pJlwww.dot.state.ix.us/desl landscape %omposUspecificafions.htm that provides
information on compost specification data. This webslte also contains information on areas where
the Texas Commission on Environmental Quality (TCEQ) restricts the use of certain compost
products.
ECG' used for projects not related to TxDOT should also be of quality materials by meeting
performance standards and compost specification data. To ensure the quality of compost used as
an ECC, products should meet all applicable state and federal regulations, including but not limited
to the United States' Environmental Protection Agency (USEPA) Code of Federal Regulations
(CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation
Commission (now. named TCEQ) Health and Safety Regulations as - defined in the Texas
Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC
Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final Products
and §332.72 Final Product Grades. Compost specification data approved by TxDOT are •
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's 'specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost' (TMECC) should be conducted on
compost products used for ECC to ensure that the products used will not impact public health,
safety, and the environment and to promote production and marketing of quality composts that meet
Revised sprit 2, 2007 Page 28 of 32
analytical standards. TMECC Is a laboratory manual that provides protocols for the composting
industry and test methods for compost analysis. TMECC provides protocols to sample; monitor, and
analyze materials during all stages of the composting process. Numerous parameters that might be
of concern In compost can be tested by following protocols or test methods listed in TMECC.
TMECC information can be found at http:// www.tmecc.orgltmecc /index,html. The USCC Seal of
Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http:lltmecc.org/sta /STA .program descriptjon.html,
Installation:
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed.
• When roiling is specified, use a light corrugated drum roller. •
Mulch Filter Berms and Socks •
Description: Mulch filter berms and socks are used to Intercept and detain sediment laden run -off
from unprotected areas. When properly used, mulch filter berms and socks can be highly effective at •
controlling sedimentfrom disturbed areas. They cause runoff to pond which allows heaviersolids to
settle. Mulch filter berms and socks are used during the period of construction nearthe perimeter of
a disturbed area to Intercept sediment while allowing water to percolate through. The berm or sock
should remain in place until the area is permanently stabilized. Mulch filter berms should not be
used when there is a concentration of water in a channel or drainage way. If concentrated flows
occur after Installation, corrective action must be taken. Mulch filter socks may be installed In
construction areas and temporarily moved during the day to allow construction activity provided it Is
replaced and properly anchored at the end of the day. Mulch filter berms and socks may be seeded
to allow for quick vegetative growth and reduction in run -off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas
• Department of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any ofTxDOT's construction or
maintenance activitie$. Mulch filter berms and socks used within any TxDOT construction or
maintenance. activities must meet material specifications in accordance with current TxDOT
specifications. TxDOT maintains a website at
http: /lwww.dot. state. tx. us / des / landscape /compost/specifcations.htm that provides information on
• compost specification data. This website also contains information on areas where the Texas
• Commission an Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and socks used for projects not related to TxDOT shouid also be of quality
materials by meeting performance standards and compost specification data. To ensure the quality
of compost used for mulch filter berms and socks, products should meet ail applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
( USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and
Texas Natural Resource Conservation Commission (now named TCEQ)Health and Safety
Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant
P a 29 of 32
Revised April 2, 2007 �
•
requirements for compost products outlined In TAC, Chapter 332. Testing requirements required by
the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
Requirements for Final Products and §332.72 Final Product Grades. Compost specification data
approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included In the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
• compost products used for mulch filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards. TMECC Is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed In TMECC. TMECC information can be found at
• http:// www.tmecc.org /tmecclindex.html. The USCC Seal of Testing Assurance (STA) program
contains information regarding compost STA certification. STA program information can be found at
http:1/tmecc.org /stafSTA_pro gram_description.htrnl.
•
Installation:
• Install in accordance with current TxDOT specification.
• Mulch filter berms should be constructed at 1 -1/2 feet high and 3 foot wide at locatlbnsshown on
plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct
deficiencies immediately. Install additional filter berm material as directed. Remove sediment
after It has reached 1/3 of the height of *the berm. Disperse filter berm or leave in place as
directed.
• Mulch filter socks should be In 8 inch, 12 inch or 18 inch or as directed. Sock materials should
be designed to allow for proper percolation through. •
•
Compost Filter Berms and Socks
Description: Compost filter berms and socks are used to Intercept and detain sediment laden run-
off from unprotected areas. When properly used, compost filter berms and socks can be highly
effective at controlling sediment from disturbed areas. They cause runoff to pond which allows
heavier solids to settle. Compost filter berms and socks are used during the period of construction
near the perimeter of a disturbed area to intercept sediment while allowing water to percolate
through. The berm or sock should remain in place until the area is permanently stabilized. Compost
filter berms should not be used when there is a concentration of water in a channel or drainage way.
If concentrated flows occur after installation , corrective action must be taken. Compost filter socks
may be installed in construction areas and temporality moved during the day to allow construction
activity provided it is replaced and properly anchored at the end of the day. Compost filter berms and
socks may be seeded to allow for uick vegetative _
q g e growth and reduction in run-off velocity.
Materials:
Revised April 2, 2007 Page 30 of 32
•
New types of compost filter berms and socks are •continuously being developed. The Texas
Department of Transportation (TxDOT) has established minimum performance standards which
must be met for any products seeking to be approved for use within any ofTxDOT's construction or •
maintenance activities. Compost filter berms and socks used within any TxDOT construction or
maintenance activities must meet material specifications In accordance with TxDOT specification
1059. TxDOT maintains a website at
http:Hwww.dot.state.tx.us /des/ landscape /compost/specifications.htm that provides information on
• compost specification data. This website also contains information on areas where the Texas
Commission on Environmental Quality (TCEQ) restricts the use of certain compost products.
• Compost filter berms and socks used for projects not related to TxDOT should also be of quality •
materials by meeting performance standards -and compost specification data. To ensure the quality
of compost used as compost filter berms and socks, products should meat all applicable state and
federal regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class A btosolIds and .
• Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
• Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all other relevant
requirements for compost products outlined in TAC, Chapter332. Testing requirements required by
the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
. Requirements for Final Products and §332.72 Final Product Grades. Compost specification data
approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for
guidance. •
Testing standards are dependent upon the Intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost -
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted an
compost products used for compost filter berms and socks to ensure that the products used will not
impact public health, safety, and the environment and to promote production and marketing of
quality composts that meet analytical standards. TMECC is a laboratory manual that provides
protocols for the composting industry and test methods for compost analysis. TMECC provides -
protocols to sample, monitor, and analyze materials during all stages of the composting process.
Numerous parameters that might be of concern in compost can be tested by following protocols or
test methods listed in TMECC. TMECC Information can be found at
http: //www.tmecc.org /tmecc /index.html. The USCC Seal of Testing Assurance (STA) program
contains Information regarding compost STA certification. STA program Information can be found at
• http://tmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with TxDOT Special Specification 1059. -
• Compost filter berms shall be constructed at 1 -1/2 feet high and 3 foot wide at locations shown
on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct
deficiencies immediately. Install additional filter berm material as directed. Remove sediment
• after it has reached 1/3 of the height of the berm. Disperse filter berm or leave in place as
directed.
Revised April 2, 2007 Page 31 of 32
•
• 1 •
•
•
• Compost filter socks shall be in 8 Inch, 12 inch or 18 Inch or as directed. Sock materials shall be
designed allowing for proper percolation through.
Sedimentation Chambers (only to be used when there is no space available for other
approved BMP's)
Description; Sedimentation chambers are stormwater treatment structures that can be used
when space is limited such as urban settings. These structures are often tied into stormwater
. drainage systems for treatment of stormwater prior to entering state waters. The water quality
benefits are the removal of sediment and buoyant materials. These structures are not designed
as a catch basin or detention basin and not typically used for floodwater attenuation.
Design Considerations: Average rainfall and surface area should be considered when
following manufacturers recommendations for chamber sizing and/or number of units needed to
achieve effective TSS removal, If properly sized, 50 -80% removal of TSS can be expected.
Maintenance Requirements: Maintenance requirements include routine inspections, sediment,
debris and litter removal; erosion control and nuisance control.
•
•
Revised April 2, 2007
Page 32 of 32
•
PERMIT COMPLIANCE CERTIFICATION
U.S. Army Corps of Engineers Project Number:
Permit Number:
Name of Permittee:
Date of Issuance:
•
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
Regulatory Branch
CESWF -PER -R
U.S. Army Corps of Engineers
P.O. Box 17300
Fort Worth, Texas 76102 -0300
Please note that your permitted activity is subject to a compliance inspection by a U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to permit
suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit was completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed hi accordance with the permit conditions.
Signature of Permittee Date