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FINAL SAVANNAH DISTRICT NATIONWIDE PERMIT REGIONAL CONDITIONS 1. A Pre-Construction Notification (PCN) is required for all use of Nationwide Permits 2, 5, 8, 9, 12, 13, 14, 25, 28, 31, and 33 in tidal waters, and a PCN is required for use of Nationwide Permits (NWPs) 3, 7, 12, 13, 14, 15, 23, 27, 37, 39, 40, 41, 42, 43 and 44 in all waters, if the proposed project would involve impacts to more than 1/10 acre of wetlands, more than 100 linear feet of intermittent stream or any length of perennial stream. Impacts to wetlands and open water areas must be calculated and reported in acres. Impacts to intermittent and/or perennial streams (streams) must be calculated separately from wetland impacts, and reported in linear feet of stream channel. (NOTE: For these Regional Conditions, the term “streams” includes intermittent and perennial, but not ephemeral streams.) 2. PCNs are required for projects that are within 2000 feet of a National Wildlife Refuge, any National Park Service Property, a National Estuarine Research Reserve or a Georgia State Park. 3. A PCN must be complete before it will be accepted for processing. A complete PCN must include the following minimum information: a. Information requested at General Condition 13(b). b. A completed “Pre-Construction Notification Form”. c. A statement detailing why further reduction of impacts on the aquatic ecosystem is not practicable. d. An appropriate detailed compensatory mitigation plan. For site-specific mitigation plans, sufficient information must be included to document that the proposed mitigation would adequately compensate for all wetland/stream impacts. Plans that propose use of an approved commercial mitigation bank or use of in-lieu-fee banking must also document that the mitigation (i.e., credit) would compensate for all wetland/stream impacts. e. A statement as to whether the project is located in or adjacent to a State 303(d) listed stream. This information can be obtained on the Environmental Protection Agency’s "Surf Your Watershed" website (www.epa.gov/surf/).
f. Where the proposed work involves discharges of dredged or fill material into waters of the United States resulting in permanent, above-grade, fills within 100-year floodplains (as identified on Federal Emergency Management Administration’s (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain maps), the notification must include documentation demonstrating why the project cannot be located outside the floodplain and that the proposed work complies with the appropriate FEMA or FEMA-approved local floodplain construction requirements.
g. For projects proposed in tidal waters, an approved Revocable License from the Georgia Department of Natural Resources (DNR), Coastal Resources Division or a statement from that agency that a Revocable License is not required. An application form is enclosed.
h. A statement as to whether a project is located in or adjacent to a State designated trout stream or water. This information can be obtained on the Georgia DNR website (www.dnr.state.ga.us) or in the fishing regulations available wherever fishing and hunting licenses are sold.
i. For any project that would require a Stream Buffer Variance to be issued by the Director of the Georgia Environmental Protection Division, as defined in the Georgia Erosion and Sedimentation Control Act of 1975, as amended; a statement that such a variance has been issued shall be provided. 4. Compensatory mitigation is required in connection with any NWP that causes the loss or adverse modification of more than 1/10 acre of wetlands or more than 100 linear feet of stream. 5. No more than 50 percent (70 percent, for stream mitigation) of the compensatory mitigation for projects resulting in the loss of more than 1 acre of wetlands and/or more than 200 linear feet of stream shall be in the form of preservation. For projects that involve low quality aquatic sites with minor beneficial wetland functions and values, mitigation requirements will be lessened or suspended. Mitigation requirements will also be lessened when temporary impacts involving clearing, excavation, and back filling are anticipated, and when the site will be allowed to re-vegetate with native wetland species. 6. In-kind mitigation is required for projects that would result in bank-to-bank filling, relocating and/or culverting of more than 200 linear feet of stream. In-kind mitigation means the lost function of the impacted stream will be mitigated through restoration or preservation of a stream of the same general order and/or morphological classification.
7. NWPs cannot be used to authorize non-linear projects that would result in bank to bank filling, relocating and/or culverting of more than 300 linear feet of perennial stream. An individual permit application would be required for these projects.
8. NWPs cannot be used to authorize projects that would impact compensatory mitigation sites or an approved compensatory mitigation bank, unless that project's purpose is to enhance the mitigation site or bank. An individual permit application would be required for these projects.
9. All work conducted under these NWPs shall be located, outlined, designed, constructed and operated in accordance with the requirements as contained in the Georgia Erosion and Sedimentation Control Act of 1975, as amended. Utilization of plans and specifications as contained in "Manual for Erosion and Sediment Control, (Latest Edition)" published by the Georgia Soil and Water Conservation Commission or their equivalent will aid in achieving compliance with the aforementioned requirements. The latest edition of the manual can be accessed at www.gaswcc.org.
10. NWP 3(ii). Excavation of accumulated sediment or other material is not authorized by this NWP in areas adjacent to existing private or commercial dock facilities, piers, canals dug for boating access, marinas, boat ramps, or boat slips.
11. NWP 3(iii). Use of NWP 3(iii) is prohibited in tidal waters. Such projects would require an individual Department of the Army permit.
12. NWP 4. Use of mechanized harvesting devices is prohibited.
13. NWP 7. Associated intake structures must employ the best practicable means to minimize entrainment or impingement of fish and other aquatic life, and the inflow velocity of intake structures is limited to not more than 0.5 foot per second.
14. NWP 7. For the purposes of this NWP, activities related to the construction of outfall structures means activities in the immediate vicinity which are necessary to construct or operate the outfall (e.g., pumps, rip rap, coffer dam). This does not include ancillary activities such as construction access roads, utility lines, buildings, etc.
15. NWP 10. Use of this NWP is prohibited in tidal waters.
16. NWP 11. A PCN is required for all uses of NWP 11. 17. NWP 12 & 14. For the purpose of calculating cumulative loss of waters of the United States from a NWP 12 or 14 linear project, the geographic area of consideration will be an individual “State of Georgia Hydrologic Map Cataloging Unit (i.e., 8-Digit Unit).” A linear project under NWP 12 and 14 includes all losses of waters of the United States along a continuous corridor between logical end points. If the cumulative losses of a NWP 12 or 14 linear project exceeds 1/10 acre of wetland and/or 100 linear feet of stream within a Cataloging Unit, compensatory mitigation is required for all impacts to wetlands and streams within that Cataloging Unit. The cumulative loss of waters of the United States of all NWP 12 or 14 linear project crossings in a Cataloging Unit cannot exceed 10 acres of wetlands and/or 1500 linear feet of stream. Waters of the United States temporarily filled, flooded, excavated or drained, but restored to pre-construction contours and elevations after construction, are not included as a cumulative loss.
18. NWP 12 & 14. An individual public road crossing or utility line crossing cannot result in the loss of more than 300 linear feet of perennial stream.
19. NWP 12. Permanent above-grade access roads and above-grade utility lines (excluding overhead electric lines) are not authorized by this NWP. Permanent at-grade access roads shall impact no more than 200 linear feet of wetland at an individual wetland crossing. NWPs 12 and 14 cannot be used in conjunction to extend an individual at-grade wetland crossing beyond 200 feet.
20. NWP 12. Utility lines must be aligned to minimize the length of wetland/stream crossings, and/or to minimize impacts to wetlands and streams.
21. NWP 12. For buried utility lines, right-of-way corridor widths cannot exceed 50 feet in wetlands. 22. NWP 12. Construction of individual pump stations is limited to 1/10 acre of wetland impact. NWP 12 shall not be used to authorize construction of a substation in a stream.
23. NWP 12. Work related impacts to wetland surfaces and streams shall not exceed 60 days, unless a 30-day extension is requested and approved by the Savannah District.
24. NWP 12. In wetlands, excavated material shall be returned to the trench and any remaining material shall be relocated to an approved disposal site. Substrate containing roots, rhizomes, seeds, etc., must be kept viable and replaced at the surface of the excavated site. In order to reduce mitigation requirements, impacted wetlands should be allowed to naturally re-vegetate from replaced substrate and/or be replanted with native wetland species. Stream banks that are cleared of vegetation shall be stabilized with deep-rooted native species similar to nearby reference sites. Each individual wetland/stream crossing shall be stabilized immediately following completion of utility line placement at that crossing.
25. NWP 12. Anti-seep collars, or other structures designed to prevent under draining, must be installed on all buried utility lines in wetlands. If no anti-seep/drain device(s) is proposed, the applicant must provide information documenting that such a device is not required to prevent wetland drainage.
26. NWPs 12, 14, 33, 43 and 44. Use of these NWPs is prohibited in waters of the United States that support anadromous fish, or in those waters that previously supported such fish and where restoration of fish migrations and populations is possible. The established limits for these waters are depicted in Attachments 2 and 3, and include adjacent and tributary waters located within 1000 feet of these identified waters. This prohibition would not apply to NWP 12 projects that would not involve a discharge of dredged or fill material or mechanized land clearing in waters (i.e. directional bore line installation and overhead utility crossings). Exemption from this condition will be considered on a case-by-case basis, in coordination with the National Marine Fisheries Service. An exemption may be granted when it is determined that the project would have minimal impact on anadromous fish or their restoration.
27. NWP 14. Ditches and medians associated with road crossings must be designed to prevent drainage of wetlands, and finished road elevations cannot be lower than surrounding wetlands.
28. NWP 14. All wetland crossings must extend between previously existing natural high ground locations.
29. NWP 14 & 42. Adequately spaced and sized culverts must be placed at all wetland and adjacent flood plain crossings. Culverts shall be adequate to accommodate flooding and sheet flow in a manner that does not cause flooding of associated uplands or disruption of hydrologic characteristics that support aquatic sites on either side of the crossing. Use of undersized culverts to attain stormwater management or waste treatment is not authorized. (NOTE: See General NWP Condition Number 21 for additional information with regard to requirements for maintenance of flood flows and wetland connection.)
30. NWP 18. Use of this NWP is prohibited in tidal waters.
31. NWP 19. Use of this NWP is prohibited in tidal waters.
32. NWP 23. This NWP cannot be used for projects that would impact more than 500 feet of stream or 1.5 acres of wetlands at any one site/crossing or for linear projects that would impact more than 1,000 feet of stream or 3 acres of wetlands over multiple crossings.
33. NWP 35. A PCN must be submitted for use of NWP 35. The PCN shall include information regarding the potential for the sediment being dredged to be contaminated. The PCN will not be considered complete until the Savannah District has made a determination as to the need for testing of the material in accordance with the Inland Testing Manual.
34. NWP 36. Use of this NWP is prohibited in tidal waters.
35. NWP 37. All projects authorized under NWP 37 must be under construction or under contract for construction within 1 year of authorization. If not, the permittee will have to obtain a new permit for the project.
36. NWP 37. NWP 37 cannot be used for projects that involve removal of debris other than in the immediate up and downstream reaches (300 feet) adjacent to bridges and other stream crossings; bank clearing which involves complete removal of trees and/or removal of logs/dead trees which are buried in the bank; channel deepening beyond original bottom; and/or levee construction.
37. NWP 41. Use of NWP 41 is prohibited for projects that would: cause or perpetuate drainage of wetlands or waters of the United States; and/or result in the removal or modification of riparian vegetation that provides shade, bank stabilization, nutrients, cover, or other features that are beneficial to fish and wildlife.
38. NWP 41. This NWP does not authorize work in natural streams that have been subject to some previous channelization.
39. NWP 41. Excavated materials should be removed from the site. However, excavated materials may be placed on existing adjacent berms or on other previously used disposal sites, provided no additional wetlands are impacted and the material is stabilized to prevent erosion.
40. NWP 42. This NWP does not authorize golf courses or other projects that require use of herbicides, insecticides, fertilizers and/or other similar potentially toxic or hazardous materials, unless effective containment and/or barriers are to be implemented and fully maintained for the duration of the project, to prevent such contamination from entering waters of the United States. The PCN must include documentation of compliance with this condition.
41. NWP 43. A stormwater management facility cannot result in the loss of more than 1/3 acre of wetlands. Cumulative project related wetland impacts, including permanent, temporary and/or secondary impacts (e.g., temporary storm water retention) are limited to 1 acre of wetlands. Impacts that result in the conversion of forested wetlands to a scrub shrub, emergent or some other shallow water wetland community are not considered temporary and/or secondary.
Enclosures
1. Pre-construction Notification Form 2. Map of Anadromous Fisheries Waters 3. List of Anadromous Fisheries Waters
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