HomeMy WebLinkAboutSDP 01-01B; Biltmore; Site Development Plan (SDP) (2)nc^a a-^o n7iPi 760 632 8710 P.02 SEP-13-_20_04 20_;_0_9__ ^ .._..JP^ ^^"^ "'^l.w -^.^a, ua/ia/u^ Djfi£Qa_#500;Page 2/23
DEPARTMENT OF THE ARMY
LOS ANSgLES DISTRICT, CORPS OF ENGINeERS
SAN DIEGO FIELD OFHCS
16685 WEST BERNARDO DRIVE. SUITE SODA
SAN DtEGO, CAUFORNIA 92127
REPLY TO
ArXEKTION OF;
September 13.2004
Office of lhe Chief
Regulatory Branch
DEPARTMENT OF THE ARMV NATIONWIDE PERMIT AUTHORIZIATION
Pacifica Enterprises Island Realty 1, L.P.
Attn; Paul Hcrfling
12780 High Bluff Drive, Suite 160
San Diego. California 92130
Kelly/JRM Paioniar Airpon Road. LLC
Attn: James McCann
1040 S. Andreasen Dr., Suite 200
Escondido. CA 9202$
RE: Nationwide Pennit verification for Padfica Palomar and Kelly/JRM Properties Coinmercial
Developinent in Encinas Ci«ek, Corps Fiie # 200300033-KJC
Dear Mr. Holling and Mr, McCann:
This is in reply to your letter (No. 200300033-KJC) dated April 3, 2002, concerning our permit
authority under Seciion 404 of the Clean Water Act of 1972 (33 U.S.C. 1344) over your proposal to
impact 168 linear feet of U.S. Army Corps ofEngiqeers (Corps) jurisdiction in Encinas Creek for the
replacentcni of the existing box culvert with a triple box culvert to extend a>ld improve the existing
Laurel Tree Road for access and construction of iwo office buildings by Pacifica) Island Realty, L.P. and
Kelly/JRM Palomar Airport Road I. LLC in the Ciiy of Carlsbad, San Diego County, Califomia.
Specifically, the new triple box culvert will result in permanent impacts of approximately 138 linear feet,
0.06 acre, and temporary impacts of 30 linear feet, 0.08 acre. Pacifical Island Realty. L.P. (Pacifica
Property) propose to construct a 120,000 square foot, three story office building with 385 surface and
104 underground parking spaces on approxinuteiy 16 acres located on the property . The project also
includes the extension of drainage facilities from Palomar Airport Road to proposed detention basin.s;
frontage improvements on Palomar Airport Road; and the instaMation of a stonn water detention basin
along the southern edge ofthe proposed office building on thc Pacifica Propeny. The co-applicant
Kelly/JRM Palomar Airport Road 1, LLC (Kelly/JRM Property) proposes to construct an office building
of approximately 85,000 square feet wilh three stories. Both project sites are adjacent to one another
located jwst south of die Palomar Airpon Road/Aviara Parkway intersection.
SEP-13-2004 20 ••09 760 632 8710 750 632 8710 P.03
o :f orwtj/fiuaB—ff=>uu;page 3/23
-2-
The Corps of Engineers has detennined that your proposed activity complies with the terms and
conditions of nationwide permit NW3^ and NW33 as described in enclosure 1.
Furthermore, you must comply with the following non-discnetjonary Special Conditions:
Special Conditions:
1. The permittee shall provide written notification to the U.S. Anny Corps of Engineers San Diego Field
Office (Corps), U.S. Rsh and Wildlife Service (USFWS), Califomia Departmem of Fish and Game
(CDFG), and the Regional Water Quality Ckintral Board (RWQCB) prior to commencement ofthe
activity authorized herein. The notification shall include the following;
a. Corps File Number (200300033-KJC);
b. Name of company performing work and onsite point of contact;
c. Size and type of equipment that shall be performing the work and;
d. Schedule for beginning and ending the project
2. The permittee shall post a performance bond (see attached fonn) with the Corps for grading,
planting, irrigation, and 5 years of maintenance and monitoring of the wetland mitigation site
(including a 20% contingency to be added to the total costs). This bond is to guarantee the
successful implementation of the weiland mitigation construction, maintenance, and monitoring.
The surety company used must be listed on the U.S. Department of Ihe Treasury Circular 570 as
a company holding a Certificate of Authority as an Acceptable Surety on Federal Bonds. For a
current list of Treasury-authorized surety companies, write or call the Surety Bond Branch,
Financial Management Services. Departnnent of the Treasury, Washington, DC 20227; (202)
874-6S50. The permittee stmU stibmit a draft bond with an itemized cost lust to tbe Corps
for approval a minimum of 15 days prior to the planned date of initiating waters/wetlands
impacts authorized by this permit. The permittee shall submit the final bond for the
amount approved by the Corps within 30 days of receiving Corps approval of the draft
bond.
3. Tbe permittee shall preserve in perpetuity the mitigation and preserved areas by placing a biological
conservation easement or open space easement in favor of an agent approved by the Corps on these
areas. The pcnnittee shall submit a draft easement to the Corps (San Diego office) for review and
approval a minimum of 15 days prior to impacts to waters of the U.S. authorized by this permit.
The draft ^sement must be approved by Office of Counsel prior to its execution. The
easement shall state clearly that no other easements ur activities tiiat would result in soil
disturbance and/or vegetation removal, except as approved by thc Corps, shall be allowed
within the easement area. Tbe permittee shall submit the final easement within 10 days of
receiving Corps approval of the draft easement.
4. Maintenance and management of conserved areas shall be performed by a nnanagement entity that
is experienced in (I) restoration and maintenance of native habitats in southern California,
especially riparian habitats; (2) measures required to avoid harassnwint of federally-listed Species;
(3) performing proper monitoring of habitat viability and sensitive species; and (4) identifying
and implementing appropriate remedial measures ncccs-sary to ensure the long-term viability and
ccp 1-^ oau\A ?Pi-C^q 760 632 8710 760 632 8710 P.04
-3-
iniegrity of the preserved habitat. Maintenance in perpetuity of the conserved areas shall include
the removal of trash and invasive species including giant reed (Arundo donax), pampas grass
(Cortaderia ssp.), castor bean (Ricinus communis), salt cedar (Tamarisk ssp.). Eucalyptus ssp.,
black mustard (Brassica nigra), thistles (Cirsium spp.), African brass buttons (Cotula
coronopifolia), sweet fennel (Foeniculum vulgare), clover (Melilotus spp.), tree tobacco
{Nicotiana glauca), bristly ox-tongue (Picris erc^ioWes), dock (Rumex sp.), and BTazillian pepper
(Schinus terebinthifolius) within the mitigation areas and trash removal only within the preserved
areas. Signage identifying the habitat restoration areas shall remain in place in perpetuity. The
Corps shall approve selection of the management entity. The permittee shall add a provision to
the final mitigation plan to execute this condition.
5. The permittee shall allow Corps representatives to inspect the authorized activities at any time
deemed necessary to ensure compliance with permit terms and conditions.
6. The pennittee shall not perform clearing, grubbing, or grading of vegetation in riparian areas
during migratory bird nesting seascffi, February 1 through September 15, unless a bird nesting
survey is perfonned prior to the start of these activities and the survey is negative.
7. The permittee shall not use mechanized constructton equipment in such a manner as to cause a
di.scl)arge of fill material outside of designated temporary impact areas.
8. The permittee shall mitigate for pennancni impacts to 0.06 acre of jurisdictional wetland waters of
the United States (0.02 acre of southem willow .scrub and 0.04 acre of freshwater marsh), through
the onsite creation and enhancement of approximately 0,14 acre of jurisdictional wetland habitat
(0.04 acre of southern willow scrub enhancement, and 0.02 acre of southem wjHow scrub Creation,
and 0.08 acre of freshwater marsh creation). The permittee shall mitigate for 0.03 acre of
temporary impacts of jurisdictional wetlands (0.01 acre of southern willow sciojb and 0.02 acre of
freshwater marsh) through restoration of the impacted 0.03-acre area.
9. Temporary impacts to wetlands and unvegetated waters of the U.S., including jurisdictional
wetlands, shall be mitigated through the restoration of ail temporary impact areas to per-
con.<itruction contours. All disturbed areas shall be revegetated with pre-existing and/or native
wetland vegetation.
10. Thc permittee shall submit a final mitigation and monitoring plan (HMMP) to the Corps San
Diego Office) including typical cross sections of theproposed mitigation area for review and
approval within 30 days from the dale of this permit. The final HMMP shall tjc prepared in strict
accordance with the Corps* Final Mitigation Guidelbies ami Moniiurins Requirement effective
April 19. 2004 and based on the Conceptual Wetlands Mitigation and Monitoring Plan Jbr the
Laurel Tree Lane PubUc Imftrovements Project Cify of Carlsbad, California dated Febmai^ 2(K)4
by Dudek & Associates, Inc.
11. The permittee shall submit to the Corps (San Diego Office) final mitigation construction plans,
specifications, and drawings (including typical cross sections ofthe proposed mitigation area) based
on the Corps approved final HMMP for review and approval prior to the implementation of the
compensatory mitigation required herein. The final plans and specifications shall include:
r^t-a cL-^o 760 632 8710 P.05 SEPrl.?!???-^, J ^. iio -v.s^o,- ua/V3/u4 fa:44PM;7fitBB_#500;Page 5/23
a. All final specifications and t<^x>graphy-based layout grading, planting, and irrigation as
well as current conditions separate from the final specification;
b. A provision that all wetland creation areas shall be graded to the same elevation as the
adjacent existing wetlands and/or within one foot of the groundwater table, and shall be left
in a tough grade state with niicroiopographic relief (including channels) that mimics natural
wetland topography. If different elevations are proposed, tiien a rationale forthese
elevations must be provided to the Corps for review and approval;
c. All planting shall be installed in such a maimer that mimics natural plant distribution (e.g.,
random and/or aggregate distribution rather than uniform rows). Plantings shall generally
be placed within the mitigalion areas along hydrologic gradients that make ecological sense
in relation to each plant's facultative category;
d. Submittal of as-built drawings of the mitigation grading, planting, and irrigation to be
certified by a professional engineer and submitted to the Corps within 45 days of fully
implementing compensatory mitigation (cc: EPA. USFWS. CDFG. and RWQCB);
e. A pi-ovtston that at the first anniversary of plant installation, all dead plants shall be
replaced unless their function has been replaced by natural recruitment as verified by the
Corps;
f. A final implementation schedule thai indicates when all impacts to waters of the U.S., as
well as initigation site grading, planting, and iirigation will begin atid end;
g- Five years of explicit, measurable, and Corps approved success criteria based on the
puq)OSe of the compensatory mitigation, design of the site, and functional assessment
criteria. Yeariy monitoring reports shall include comparisofi of the mitigation area against
the success criteria both when the mitigation is implemented and yearly after constmction.
The comparison shall specifically relate to species composition and plant diversity, No
invasive species may be present;
h- A minimum of five years of maimenance and monitoring of wetland creation and
temporary impact restoration areas, unless success criteria are met earlier and ail artificial
water supply has been stopped for a minimum of two years;
!. Upon completion of the monitoring period, the area must be Corps jurisdictional as verified
by a wetland delineafion, and written notification provided by tte Corps before monitoring
is discontinued;
12, The permittee shall impact no more than 0.06 acre permanent and 0.08 acre temporary of waters of
the United States, including jurisdictional Vv^tlands. The permittee shall fence (with silt barriers)
the limits of the construction corridor to prevent additional waters/wetlands impacts and the spn^
of silt from the construction zone into adjacent waters/wetlands- The pennittee shall submit to the
Corps final construction and excavation plans and dated/labeled photographs showing fenced and
marked limits of impacts, and all Corps jurisdictional areas to be impacted and preserved, within 30
days of the date of this permit, and prior to initiating waters/wetlands impacts authorized by this
pennit If waters/wetlands impacts occur outside these limits, all work shall cease, and the Corps
shall be notified immediately. Any waters/wetlands impacts tliat occur outside the fenced and
marked limits shall ho mitigated at a minimum 6:1 ratio, and shall be subject to the requirements in
Ihe special conditions of this Department of the Army authorization.
13. The pertruttee shall ensure that water quality is maintained wiihin the channels, at and
dnwnKtreum of the project site, hy iiicnrpnruiing 4f>prr>prial« dosign ulartMutx itiiw lha project
3EPr 1.3-2004. 20J_10,. ^ 760 632 8710^ _ ,o,u. o:^Sf;SSfbUO;p%? B/23
(e.g., maintaining a soft bottom channel, installing detention basins, etc ) as approved by the
Corps and RWQCB. Terms and conditions of thc Section 401 Water Quality Certification (File
No. 02C-047), issued by the California Regional Water Quality Cimtrol Board on June 8, 2004,
siiall become conditions of this permit.
14. No debris, sand, silt, trash, concrete or washings thereof, oil or other petroleum products or
washings thereof, or other foreign materials shall be allowed to enter or be placed where it may
be washed by rainfall or runoff waters into waters of the U,S. Upon projecl completion, any and
all excess construciion materials, debris, and/or other excess project materials shall be removed
to an appropriate upland disposal site (not waters of the U.S.. including jurisdictional wetlands).
15. The permittee shall clearly mark all areas of Corps jurisdiction, including any associated riparian
vegetation, that are not to be removed or otherwise adversely impacted during project
implementation. Markers and/or barricades shall be clearly located to restrict access and ensure
all movement of equipment and persormel to within the authorized construction/impact ansas in
Corps juri sdiction •
16. The permittee shall install silt fences to d-ap eroded sediments on-site and to divert runoff around
disturbed soils. Silt fences shall also be placed along the tops and foes of slopes of access roads
to prevent silt from discharging into waters of tbe U.S.
17. The permittee shall submit to thc Corps within (60) days of completion of waters/wetlands
impacts authorized by this NWP a report that will include as-built construction drawings in Sl/2
by 11 format with an overlay of waters/wetlands that were impacted and those that were
preserved, dated and labeled photographs of waters/wetland areas that are impacted and those to
be preserved, and a summary of all project activities which documents thui authorized
waters/wetlands impacts were not exceeded, and compliance with all permit conditions.
This letter of verification is valid for a period not to exceed two years unless ihe nationwide permit
is modified, reissued, revoked, or expires before that tinrte. Presently, all nationwide permits are
scheduled to expire on March 18, 2007. Il is incumbent upon you to remain informed of changes to the
nationwide permits. We will issue a public notice announcing the changes when they occur,
Furthermore, if you commence or are under contract to commence this activity before the date the
nationwide permit is modified or revoked, you will have twelve months from the date of the modification
or revocation to complete the activity under the present terms and conditions of the nationwide permit.
A nationwide permit does not grant any property rights or exclusive privileges. Also, it does not
aulhorize any injury to the prt^crty or righK of others or authorize interference with any existing or
proposed Federal project. Furthermore, it does not obviate the need to obtain other Federal, state, or
local authorizations required by law.
SEP-13-2004 20:10 760 632 8710 760 632 8710 P.07
Thank you for participating in our regulatory program. If you have any questions, please contact
Kari Coler of my staff at (B5&) 674-6783.
Sincerely.
Enclosure
Copies Fumished:
U.S. Fish & Wildlife Service
Attn: Ben Frater
6010 Hidden Valley Road
Carlsbad. CA 92009
Mark Durham
Chief, South Coast Section
Regulatory Branch
CA Department of Fish & Game
Attn: Tamara Spear
4949 Viewridge Avenue
San Diego, CA 92123
CA Regional Water Quality Control Board
Attn: David Gibson
9174 Sky Park Court Suite #100
SanDiego. CA 92123
.SEP-l-3-20_04_ 401^10^, ^ ^, ^, J60 632 8710^ ^^^^^^^^ .:4lpM;1^iloO;PagTa/23
-7-
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATION OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: 200300033-KJC
Name of Permittee: Pacifica Enterprises Island Realty 1
Date of Issuance: September 13,2004
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:
U.S Army Corps of Engineers
Regulatory Branch
ATTN: CESPL-CO-R-200300033-KJC
16885 West Bernardo Drive
San Diego, Califomia 92127
Please note that your permitted activity is subject to a compliance inspection by an Army Corps of
Engineers representative. If you fail to comply with this nationwide permit you may be subject to permit
suspeitsion, modification, or revocation procedures as contained in 33 CFR 330.5 or enforcement
procedures such as those contained in 33 CFR 326,4 and 326,5.
I hereby certify that thc work autliorized by the above referenced permit has been completed in
accordance with the terms and conditions ofthe said pennit, and required mitigation was compleled in
accordance with the permil condition(s).
Si gnaiure of Permi ttec Date
5
a.'
CSD D
5
(3
CO
nj M UD
Q
o: >
*4
O
1 «
«
«
I.
c u c i3
t.
a
L
0
) t
- ^1 «
OJi
Q I
CM j
I
n I
I
Q-, LU I
m
Laurel Tr«e i2^aJl
0
(1
^ of Ihe €xiAtfaii I ^^QIVC^ V
^ ft» 10.1^/10 wrl^Vt ffl^ <ft \ ^ ^
STAsl+2ft73BLEV;R7.<B
Tl ~
toR««l&asBx,CQtv«tt
4f50
•31; <="!
)
2.
Q. 3
> )
Nl
[>
DO,
ru:
UD '
S): iXl.
o
1 n
rt
3
Cl
s
L
Q;
TH I
l> CO
DJ
ro
UD
CSJ ^. l>-
s <
1
.H I
.. I
s •
I '
ro'
I
a.'
LU LO
.4
...I
•Hi
ffl
Sf
ACOEICDFG
CDFG Only
Fermanent Impact
TsmiigTary Impact
I ICFQIBaADINS SOtfCE: Shapouri & ftsMcatBs. Mov. 2081; BiOlOGlCAL DATA SOURCE; MA, NOV. 2001
SWS) Southirn Willow Scroti
iBWS| dhturbailSoulhamWillDW Scrub
finhwslsi Maisb
SauthwnMixeil Cfta^al SMC
1 OW I QisiuTlteiiWellaiid
Din afstuibedKahilal
S91L-A isnvMit'rbbmulj
unlitiin hft faljMor inAtHi
)
')
®
• - m i
Pacifica Paiomar • Joint Pfirmit Appifcalion I "^'"'^
i A
Biologica! Resources Map with Impast Area \JZ.__
s. - =!
ro
Q. LU LO
> -ti
r
I>
CM-
n i
of
I> 3 t
Ui
1 0
c
L
>
- 2
IT
r» 3
a
«
«
0
fi
M 3
CS
00
.4
ro
(3
UD S
> CO
1
.. T- te.
njj, o » > *
^" '*
Q ) ^! CMj S I I > H.
roi '• »
THV •a t-i-I : « -^i CL ^ * -ll LU 1 s -!'
LO
* Utility \
Dated0,
. If I
/-3o
(Ml K -e,
ll
i~
• -*
^ •
Q . .-Q,
ru; 9
1 .
ro > A 1 .
ro ^1
•>\\ 1 ^ i CL', ,.41 LU .^1 LO vl
Oil
o i
SEP-13-2004 20=12 _ 760 632 8710_ __ _ _ 7&0 632_871_0 P. 14
NATIONWIDE PEKMIT tWMBER NW39 and NW3S TERMS AND CONDITIONS
1. Nationwnde Pennit NW39 and NW33 Terms:
Your activity is authorized under NVV39 and NW33 subject to the following terms:
Natiomxride Number 39. Residential, Commercial, and Institutional Developments. Discharges of dredged or fill material
into non'tidal waters of the United States, excluding non-tidal wedar\dji adjacent lo tidal waters, for ths construction or
eKpansion of residential, commercial, and institutional building foundations and building pads and attendant features that are
necessary for the use and maintenance of the structureis. Attendant features may indude, but &rs nut limited to, roods,
parking lots, garages, yards, utility lines, stormwater management facilities, and recreation facilities such as playgrovmds,
playing fields, and golf courses (provided the golf course is an integral part of the residential development). The construction
of new ski areas or oil and gsis wells is not authorized by this NWP. Residential developments include multiple and single
unit developments. Examples of commercial developments include retail stores, industrial facilities, restaurants, business
parks, and shipping centers. Examples of institutional developments irxclude schools, fire stations, government office
buildings, judicial buildings, pubiic works buildings, libraries, hospitals, and places of worship. The activities li.<sted above are
authorized, provided the activities meet all of the following criteria.-
a. The discharge does not cause the loss of greater than 1 /2 acre of non-tidal waters of the United States,
excluding nun-tidal wetlands adjacent tu tidal waters;
b. The dischcurge does not cause the toss of greater than 300 linear feet of stream bed;
c The parmittee must notify the District Engineer in accordance with General Condition 13, if any of the following
criteria are met:
(1) The discharge causes the loss of greater than 1/10 acre of non-tidal waters of the Unitet^ States, excluding non-
tidal wetlands adjacent to tidal waters; or
(2) The discharge causes the loss of any open waters, including perennial or intermittent streanrts, below the ordinary
high water mark (see Note, below),
d. For di.«charges in Special aquatic sites, including wetlands, the notification must include a delineation of affected
special aquatic sites;
e. TT»e discharge is part of a single and complete project;
f. The p»nnittee must avoid and minimlKe discharges into waters of the Uniied States at the project site to the
maximum extent practicable, and the notification, when required, must include a written statement explaining how avoidance and
minimization of lossiis of waters of the United State.<! were achieved on the project site. Compensatory mitigation will normally be
required to offset the losses of waters of the United States. (See General Condition 19.) The notification must also include a
compervsatory mitigation proposal for offsetting unavoidable losses of waters of the United States. If an applicanl asserts that the
adverse effects of the project are minimal without mitigation, then the eipplicant jnay submit justification explaining why
compensatory mitigation should not be required /or the District Engiiwer»s consideration;
g. When thus NWP [.<; used in cot\jurtciion with any oiher NWP, any combined total permanent loss of waters of the
United States exceeding 1/10 acre requires that the permittee notify the District Engineer in accordance with General Condition 13;
h. Any work authorized by this NWP must nut cause more than minimal degradatitin of water quality or more than
minimal changes to the flow characterisdcs of any stream (see General Conditions 9 and 21);
i. Por discharges causing the loss of 1 /10 acre or less of waters of the United Stales, the permittee must submit a
report, within 30 days of completion of the work, to the District Engineer that contain.s the following information: (1) The name,
address, and telephone numb>erof the permittee; (2) The lt)cation of the work; (3) A description al the work; (4) The lype and
acreage of the loss of waters of the United Stales (e.g., 1/12 acre of emergent wetlands); and (5) The type and acreage of any
compensatory mitigation used to offset the loss of waters of the United Slates (e.g., 1/12 acre of emergent wetlands created on-
site);
j. If there are any open waters or streams within the project area, the pemaittee will eslablUh and maintain, to the
maximum ^tent practicable, wetland or upland vegeuted buffers next to those open waters or streams consistent with General
Condition 19. Deed i-tn;tr>cti(>ns, wnservation easements, protective covenants, or other means of land conservation and
preservation are required to protect and maintain the vegetated buffers established on the project .site; and
k. Stream channelization or stream relocation downstream of the point on the stream where the annual average flow
is 1 cubic foot per second is not authorized by this NWP.
Only residential, commercial, and in.<ititutional activities with structures oti the foundation(s) or building pad(s), as
qFP-13-2004 20=13 760 632 8710 760 S32 8710 P. 15
this NWP may be either conceptual or detailed- The wetland Or upland vegetated buffer required in paragraph (j) of tf\is NWP
will normally be 25 to .i50 feet wide on each side of the stream, but the District Engineer may require wider vegetated buffers to
address documented water quality concerns. The required wetland or upland vegetated buffer is part of the overall compensatory
mitigation requirement for this NWP. If the project site was previously used for agricultural purpo.<>es and the farm
owner/operator us«d NWP 40 to authorize activities in waters of the United States to increase production or ctjnstruel farm
buildings, NWP 39 cannot be used by the developer to authorize additional activities in waters of the United States on the project
site in excess of the acreage limit for NWP 39 (i.e., the combined acreage loss authorized under NWPs 39 and 40 cannot exceed 1 /2
acre).
Snhdivi,slf>ns; For residential subdivisions, the aggregate total loss of waters of the US authorized by NWP 39 cannot
exceed V4-acre. This includes any less of waters associated with development of individual i>ut>division lots. (Secdons 10 and 404)
Ntitf. Areas wtiere there Is no wetland vegetation are determined by the presence or absrence of an ordinary high water mark or bed
and bank. Areas that are waters of the United States based on this criteria wouid require a PCN even though water is infrequently
present in the stream channel (except for ephemeral waters).
Niitiotmidf Number 33: Ternpcrnry Coastruction, Access and Dewatering. Temporary structures, wf>rk and discharges, including
cofferdams, necessary for construction activities or access fills or dewatering of construction sites; provided thai the as.scx;iated primary
activity is authorized by the Corps of Engineers or the U.S. Coast Guard, or for other construction activities not subject to the Corps or
U S. Coast Guard regulations. Appropriate measures must be taken to maintain near normal downstream flows and to mir\imize
flooding. Fill must be of materials, and placed in a manner, that will not be eroded by expected high flows. The usse of dredged material
may be allowed if it is determined by the I>istf ict Engineer that it will not cause more than minimal adverse effects on aquatic
resources. Temporary fill must be entirely removed to upland areas, or dredged iruterial returned to it* original location, following
completion of the construction activity, and the affected areas must be restored to the pre-project conditions. Cofferdams cannot be
used to dewater wetlands or other aquatic areas so as to change their use. Structures left io place after cofferdams are removed require
a Section 10 }?ermit if located in navigable waters of tt»e Uniied States, (See 33 CFR Part 322). The permittee must notify the District
Engineer in accordance with the "Notification" genera) condition. The nt>tlfication must also include a niestoration plan of reasonable
measures to avoid and minimize adverse effects to aquatic resources. The District Engineer will add special conditions, where
necessary, tts ensure that adverse environmental effects are minimal. Such conditi<ins may include: limiting th»> temporary wi>rk to the
minimum necessary; requiring seasonal re.'itrictions; modifying the restoration plan; and requiring alternative construction methods
(e.g., construciion mats in wetiands where practicable.). (Sections 10 and 404)
2. Nationwide Pennit General Conditions:
The following general conditioru must be followed in order for any authoriy.ation by an NWP to be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance Any structure or fill authoriv-ed shall be properly maintained, including maintenance to ensure public
safety.
3. .Sfli; trosion and ivdimtttt Controh. Appropriate soil erosion and sediment controls must be used and maintained in effective
operating condition daring construction, and all expcvsed soil and other fills, as well aii any work below the ordinary high
water mark or high tide Une, must be permanently stabili^ted 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.
4. 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 tho aroa, unless the activity's primary
purpose is to imf>oun(l water. Culverts placed in streams must be installed to maintain low flow conditions,
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must bo taken to minimize soil
disturbance.
6. Regional nnd Case-By-CasL' Cniuiilitmfi. Tho activity must comply with any regional conditions that may have been added by the
Division Engineer (see 33 CFR 330.4(e)). AdditionaUy, any case specific condititws added by the Corps or by the state or tribe
in its Section 401 Water Quality Certification and Coastal 2onu Management Act consistency determination.
7. Willi and Scenic Rivers. No activity may occur in o component of the .National Wild and Scenic River System; or in g river
officially designated by Congress as a "study river" fur piissible 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 dcierinined in
writing that the proposed activity will not adversely affect il-ve Wild and Scenic Rivi>r 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. Fisl> and Wildlife Service),
8. Tribfli nights. No activity or its operation may impair reserved tribal rights, including, but not limited to, rcsLWi.>d water rights
and treaty fishing and hunting rights,
O. WnU-r Quality, (ii) Tn cvrtnin Kin^-r anA tribnl iarvtix iicv individvu^l -lOl Wiitur Quality Corclficjtion ji-tuiit b« ubtainud Of w,iiv«cl
SEP-13-2004 20=13 760 632 8710 760 632 8710 P. 16
: J -• • J - • — -jy^.lKH " "=3- •
(See33CFR330,4(c)).
(b) For NWPs 12,14,17,18, 32, 39,40,42,43, and 44, where the state or tribal 401 certification (either generically or
individually) does not require or approve water quality nvanagGment measures, the permittee must provide water quality
management measures ihat will ensure that the authorized work does not result In more than minimal degradation of watei'
quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than
minimal adverse effect on water quality). An Important component of water quality managen-ient includes stormwater
management that minimizes degradation of the downstream aquatic system, including water quality (refer to General
Condition 21 for stormwater management iiec]uirements). Another important component of water quality management is the
establishment and maintenance of vegetated buffers next to open waters. Including snreatps (refer to General Condition 19 for
vegetated buffer requirements for the NWPs).
This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures
must be takerv in most cases it Is not necessary to conduct detailed studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be
obtained or waived (see Section 330.4(d)).
11. Endangered Species, (a) No activity is authorized under any NWP which is likely to joopardi/.u the awtinued existence of a
threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall
notify the District Engineer if any listed spedes or designated critical habitat might be affeded or is in the vicijiity of the
project, or is located in the designated critical habitat and shall not begin work on tlte activity until notified by thc District
Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect
Federally-listed ei^dat«gered or direatened sjsedes or designated critical habitat, the notification must include the name(s) of
the ervdangered or threatened species that may be affected by ilio proposed work or that utilise the designated critical habitat
that may b« affected by the proposed work. As o result of formal or informal consultation with the FWS or NMFS the District
Engineer may add spccios-spccific regional endangered species conditions to the NWPs.
(b) Authorization of an activity by a NWP doos not authorize the "take" of a threatened or endangered species as defined
under tl\e ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit a Biological Opinion with "ir>cidental
take" provis)or«, etc.) from the USFWS or the NMFS, both lethal and r>on-lethal "takes" of protected species are In violation of
the ESA. Information on tho location of threatened and endangered species and their critical habitat can be obtained directly
from tbe offices of tl\e USFWS and NMFS or ihoir world wide web pages at http;//www.fws.gov/r9endspp/endspp.html and
http://www.nfms.gov/prot_res/esahonw;.html respectively.
12. Historic Propertivi. No activity which may affect historic properties listed, or eligible for listing, in the National Register of
Historic Places is authorized, until the District Engineer has complied with tho provisions of 33 CFR Part 325, Appendix C,
Tito prospiMtive permittee must notify the District Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing oy\ the National
Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the
National Historic Preservation Act have been jsatisfiftd and that the activity is nuthoriised. Information on the lt>cation and
oxislenoe of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic
Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or eligible for listing in, thc National
Register of Historic Places, tho notification must slate which hi.'storic property may be affected by the proposed wo.-k or
include a vicinity map indicating the location of thc historic property.
13. Notification.
(a) Timing: where reqiiired by the terms of the NWP, the prospective permittee must notify the District Engineer with a
preconstruction notification (PCN) as early as possible. Tho District tingineer must determine if the notification is complete
within 30 days of the date uf receipt and can 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 thc notification 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) Ut»til notified in writing by the District Engineer that the activify may proceed under the NWP with any special
conditions imposed by the District or Division Engineer; or
(2) If notified in writing by the District or Division Engineer that an Individual Permit is required; or
(3) Unless 45 days have passed from the District Engineer's receipt of tho c^implete notification and the prospective
permittee has not received written notice from the District Or Division Engineer. 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 33Q-5(d)(2).
(b) Contents of Notiftcalion: The notification must be in writing and indude the following information;
(1) Name, address and telephone numbers of the prespective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects
tliD prn|o<n would fauSd; any rtther NWP(JS), Ragiivnal General Permitd:), or Individual Permi«B) used or Jntiindud
SEP-1.3-2004 20=13 760 632 8710_ .. J^LS^iiuw,rC^j^, /,,.0
to be used to authorize any part of the proposed project or any related activify. Sketches should be provided
when necessary to show that the activify complies with the terms of the NWP (Sketches Lisually clarify the
project and when provided result in a quicker decision,);
(4) For NWPs 7,12, 14,18, 21, 34, 38, 39, 41, 4Z and 43, the PCN must also include a delineation of affected spedal
aquatic sites, including wetlands, vegetated shalk>ws (e.g., submerged aquatic vegetation, seagrass t>ed5), and
riffle and pool complexes (see paragraph 13(f));
(5) For NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the origitxal
design capacities and configurations of those areas of the facility where maintenance dredging or excavation is
proposed;
(6) For NWP 14 (Linear Transportation Crossings), The PCN must include a compensatoi-y mitigation proposal to
offset pennaivent losses of waters of the US and a statement describing how temporary losses of waters of the US
will be minimised to the maximum extent practicable;
(7) For NWP 21 (Surface Coal Mining Activities), the PCN must iiiclude an Office of Surface Mining (OSM) Or state-
approved mitigation plan, if applicable. To be authorized by this NWP, the CHstrict Engineer must determine
that the activity ct»nplies with the tenns and corxditions of the NWP and that tho adverse environmental effects
are minimal both individually and cumulatively and must notify the project sponsor of this determination in
writing;
(8) For NWP 27 (Stream and Wetland Restoration), die PCN must include documentation of the prior condition of
the site that will t>e reverted by the pennittee;
(9) For NWP 29 (Single-Family Housing), the PCN must also include;
(i) Any past use of thia NWP by the Individual Pertnltteo and/or the permittee's spouse;
(li) A statement that the single-family housing activity is for a personal residence of the permittee;
(iii) A description of the entire parcel. Including Its size, and a delineAtiC«n of wetlands. For the purpose
of this NWP, parcels of land measuring 'A-acre or less will not require a formal on-site delineation.
However, thiy appiicant shalt provide an indication of where the wetlands are and the amount of
wetlands that exists on the property. For parcels greater than !/4-acre in size, formal wetland
delineation must be prepared in accordance with the current method required by tho Corps. (See
paragraph 13(f));
(iv) A written description of all land (including, if available, legal descriptions) owned by the prospective
permittee and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any
form of ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as
a tcnant-by-the-entirety) and any land on which a purchase and sale agreement or other contract for
sale or purchase has been executed;
(10) For NWP 31 (Malntenano! of Eyistlng Flood Control Projects), the prtispective permittee must either notify the
District Engineer wilh a PCN prior to each maintanance activity or submit a five year (or less) maintenance plan.
In addition, lite PCN must include all of the following:
(i) Sufficient baseline information Identifying the approved channel depths and a«r»figurations and
existing facilities. Minor deviations are authorized, provided the approved fUx^d control protection
Of drainage is not increased;
(ii) A delineation of any affected Spedal aquatic sites, induding wetlands; and,
(Sii) Location of the dredged materia) disposal site;
(11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a restoration plan
nf reasonable measures to avoid and minimize adverse effeds to aquatic resources;
(12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer explaining how
avoidance and mtnjtnis'Jition for losses of waters of the US were achieved on the project sjtoj
(13) For NWP 39 and NWP 42, the PCN must indude a compensatory mitigation proposal to offset losses: of waters
of the US or justification explaining why compensatory mitigation .ihould not be required. For discharges that
cause tiie loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer
must determine that the activity complies with the other terrrs and conditions of the NWP, determine adverse
environmental effects are minimal both individually and Cumulatively, and waive the limitation on stream
impacts in writing before the permittee may proceed;
(14) For NWP 40 (Agricultural Activities), thc PCN must include a compensatory mitigation proposal to offset losses
of waters of the US, This NWP does not authorize the relocation of greater than 300 linear-feet of existing
serviceable drainage ditches constnided in non-tidal streams unlets, for drainage ditches construded in
intermittent non-tidal stream.*, the District Engineer waives this criterion in writing, and thc District Engineer
has determined that the project complies with all terms and conditions of this NWP, and that AOy adverse
impacts of the projecl on the aquatic environment are minimal, both individually and cumulatively;
(15) For NWP 43 (Stormwater Management Fadlitius), the PCN must indude, for the construction of new stormwater
manasement faeiliViiiS, a miintunantt! plnn (in ,^<^«lrr^flrlf•c• wirh stiHo «n<1 local i^qui^einontii, if :ipplic.-)t>lc:) nnd .»
SEP__13-2004 20=14 760 632 8710 760 632 8710 _ _ P._18
compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the loss of
greater than 30O linear foot of an intermittent stream bed, to be authorized, the District Engineer must determine
that the activity compUes with the other terms and conditions of the NWP, determine adverse envircmmental
effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in writing
before the permittee may proceed;
(16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US adversely affected
by the project, a description of measures taken to minimi;£e adverse effects to waters of the US, a de.«:ription of
measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining
activities in isolated waters and non-tidal wetiands adjacent to headwaters and any hard rock/mineral mining
activities);
(17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN must include
the name(s) of those endangered or threatened species that may i>e affected by the proposed work or Utilise the
designated critical h,abitat that may be affected by the proposed work; and
(18) For activities that may affect historic properties listed in, or eligible for listing in, the National Register of
Historic Places, tho 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.
(c) form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used as tho
notification but must dearly indicate that it is a PCN and must include all of the ir^formarion required in (b) (1)-(18) of General
Condition 13. A letter containing the requisite information may also be used.
(d) District Engi}ieer's Decision: In reviewing the PCN for the proposed activify, 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. The prospective permittee may submit a proposed mitigation
plan with the PCN to expedite the process. 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 thc pmposed work are ininirnal. If the District Engineer determines that the activify complies with the terms
and conditions of thc NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation,
thc Pistria Engineer will notify the permittee and include any conditions the District Engineer deems necessary. The District
Engineer must approve any compenSati>ry mitigation proposal before the permittee commences work- If the prospective
permittee is required tu submit a compensatory mitigation proposal with the PCN, the proposal may t>c either conceptual or
detailed. If the prospective permittee elects to stibmit a compensatoty mitigation plan with the PCN, the Dislrid Engineer will
expeditiously review the proposed compensatory mitigation plan. The District EnglJieer must review tlie plan within 45 days
of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more
than minimal adverse effects on the aquatic environment. If the net adverse effects uf the project on the aquatic environment
[after consideration of the compensatory mitigation proposal) are determined by the District Engineer to be minimal, Ute
District Cr.glne«r will provide a timely written response to the applicant. The response will state that the projed can proceed
under thc terms and conditions of the NWP.
If the District Engineer determines that the adverse effects of the proposed work are more than miuimal, then the Di.<strtct
Engirneer will rwtify the applicant either: (1) that the projed 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 proposal that would reduce the adverse effects on the aquatic
environment to the minimal level; or (3) that the projed is authorized under the NWP with specific modifications or
condlticws. Where the Distrid Engineer determines that mitigation Is required to ensure no more than minimal adverse
effeds occur to the aquatic environment, the activity will bo authorized within the 45-day PCN period. The authorization will
include the necessary conceptual or specific mitigation or a requirement thatthe applicant s-ubmit a mitigation proposal that
would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigalion is included,
or a mitigation plan is required under item (2) above, no work in waters of the US will occur tmtil the District Engineer has
approved a specific mitigation plan.
(e) Agency Coordination: Thc Distrid Hngineer will consider any comments from Federal and state agencies conceming 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 effeds to a minimal level.
For activities requiring notification to the Distrid Engineer that result in the loss of greater than ^4-acro oF waters of the
US. Ihe DLstrid Engineer will provide immediately (e.g., via facsimile tratismission, overnight mail, or other expeditious
mani\er) a copy lo tho appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State
Historic Preservation Officer (SHPO), and, if appropriat<i 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-spedfic a>mments. If so contacted by an agency, t|io District Enginoor will wait an
additional 15 calendar days before making a decision un the notification. The District Engineer will fully consider agency
comments received within lhi> specified time frame, but will provide no response lo the resource agency, uxcept as provided
hclnw. Tho nistri^^t Fn^n««r will indir.Tfc in tho odministi-oti r«.»c<vd »>»j>r>c-iiitud with uach i«>tjficaH<>n ih.it Ihi.- l•<:s<>u,',^.l
SEP_13-2004 20=14 760 632 8710 760 632 8710 P.19 , . _-, J ,^ I u -rv,«. -ri=u, ua/u/yjt inarm, jetrax ffsuu:raae
agencies' concerns were considered. As required by Section 305(b)(4XB) of the Magnuson-Stevens Fishery Conservation and
Management Aa, tlw Di.<!trirt Engirujcr will provide o rcspot\se to NMFS within 30 days of receipt of any Essential Fish
Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to
expedite agency rwlificatlon.
(f) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method required by the
Corps (For NWP 29 See paragraph (b)(9)(iii) for parcels less than V,-acre in size). The permittee may ask the Corps to
delineate the spedal aquatic site. There may be some delay if the Corps does the delineation. Furthermore, tl^e 45-day period
will not start until the wetland delineation has been completed and submitted to the Corps, where appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit a signed certification
regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the
authorization letter and will include:
(a) A statement that the authorized work was done in accordance With the Corps authorization, including any general or
specific conditions;
(b) A statentem 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,
15. Use of Multiple Nationwide Permits. The use Of more than one NWP for a single and complete projed is prohibited, except
when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit of the NWP with the
highest spedfied acreage limit (e.g. if a road crossing over tidal waters is constructed under NWP 14, with assodated bank
stablltKailon authorized by NWP 13, the maximum acreage loss of waters of the US for the total projed cannot exceed 1/3-
acre).
16. Water Supply Intakes. No activify, including strudures and work in navigable waters of the US or discharges of dredged or fill
materia], may occur in the proximity of a public water supply intake except where the activity is for re]>air of the public water
supply intake structures or adjac^t bank stabilization.
17. Shellfish Beds, No activity, including structures and work in navigable waters of the US or discharges of dredged or fill
material, may occur in areew Of concentrated shellfish populations, unless the adivity is dirertly related to a shellfish
harvesting adivity authorteed by NWP 4,
18. Suitable Material. No adivity. Including structures and work in navigable waters of the US or discharges of dredged or fill
material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and n^aterial used for construdion or
discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the CWA).
19. Mitigation. The Distrid Engineer wil! consider the factors discussed below when determining tho acceptability of appropriate
and practicable mitigation necessary to offsei adverse effects on the aquatic environment that aro more than minimal.
(ft) The projed must be designed and constructed to avoid and minimize adverse effects to waters of the US to the
maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all Its forms (avoiding, minimi7:ing, rectifying, reducing or compensating) will be required to the extent
necc.«ary to ensure that thc adverse effeds to the aquatic environment are minimaL
(c) Compensatory rnitigatior\ at a minimum one-for-one ratio will be required for all wetland impacts requiring a PCN,
unless* the Distrid Engini>er determines in writing that some other form of mitigation would be more environmentally
appropriate and provides a projed-Specific waiver of this requirement. Consistent with National policy, the Distrid Engineer
will establish a preference for restoration of wetlands as compansatory mitigation, witii preservation used only in exceptional
drcumstances,
(d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will not bo used
to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, Vl-acre of wedands cannot be
created to change a %-acre loss of wetlands to a V^-acre loss associated with NWP 39 verification. However, '/i^acre of created
wetlands can be used to reduce the impacts of a Vi-acre loss of wetlands to the minimum impad level in order to meet the
minimal impad requiremoni associated with NWPs.
(e) To be pradlcable, the mitigation must be available and capable of being done considerlrvf; costs, existing technology,
and logistics In light of the overall project purposes. Examples of mitigation that may be appropriate and practicable indude,
but are not limited to; redudng the size of the projed; establishing and maintaining wetland nr upland vegetated buffers to
proted open waters such as sti-eams; and replacing losses of aquatic resource fundions and values by creating, restoring,
enhancing, or preserving similar fundions and values, preferably in the same watershed.
(f) Compe-isalory mitigation plans for projects in or near streams or other open waters will normally indude a
requirement for the estabiistunent maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers
trt op*fn waturs, In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated buffers
should oiwsisi oi native spedes. The width of thu vegetated buffers requir«d will «d<lress documentad water quality or
aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of [ha stream, but the
Distrid Engineers may require slightiy wider vegetated buffers to address documeiMed water quality or habitat loss contsmt;.
Whore t>oth wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g.. Stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed
busist. Ill cuxuii whi-Ttt vcfjotatod bttif^oru :,rt> ciatarmiixaiA tn hi> |Ut> mn«t !k^ff,r<tpr'ti\Uy tnrm nf /-mt^ponmhvty T»;ti(j;ition, tho
SEP-i3-2m4 20=15 760 632 8710 760 632 8710 P.20
District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland impacts.
(g) Compensatory nMtigation proposals submitted with the "notification" may be either conceptual or detailed. If
conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans
be submitted and itpprovod by the Corps prior to construdion uf the authorized activity in waters of the US.
(h) Permittees may propose the use of mitigation banks, In-Ueu fee arrangements or separate adivity-specific
compensatory mitigation. In all cases that requite rompensatory mitigation, the mitigation provisions will specify the party
responsible for accomplishing and/or complying with the mitigation plat<.
20. ."ipatoning Areas. Activities induding strudures and work in navigable waters of thc US or discharges of dredged or fill
material/ in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Adivities that
result In the physical dostrucUoi^ (eg., etcavate, fill, or smother downstream by substantial turbidity) of an important
spawning area are not authorized.
21. Managetnent of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction
downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not permanently rcstrid
or impede the passage of normal or expected high flows (unless tho primary purpose of ti\e fill is to impoui^d waters) and the
structure or discharge of dredged or fill material must withstand expected high flows. The activity must, to the maximum
extent practicable, provide fbr retaining excess flows from the site, provide for maintaining surface flow rates from the site
.similar to preconstruction conditions, an<l provide for not increasing water flows from the project site, relocating water, or
redirecting water flow beyond preconstrudion condition-s. Stream channelizing will be reduced to the minimal amount
necessary, and the activity must, to the maximum evtent pradicable, reduce adverse effects such as flooding or erosion
downstream and upstieam of the projed site, unless the adivity is part of a larger systein designed to manage water flows. In
most cases, it will not be a requirement to condud detailed studies and monitoring of water flow,
This condition is only applicable to projects that have the potential to affert waterflows. While appropriate measures
must be taken, it is nol necessary to conduct detailed studies to identify such measures or require monitoring to ensure their
effediveness. Normally, thc Corps will defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Inrpoundtmnts. If the activity creates an lm)30undment of water, adverae effects to the aquatic system due
to the acceleration of the passage of water, and/or tlu; restricting its flow shall be minimized to the maximum extent
pradlcable. Thi.-* includes structures and work in navigable waters of the US, or discharges of dredged or fill material.
23- Waterfowl Breeding Areas. Activities, induding structures and work in navigable waters of the US or discharges of dredged or
fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable.
24. Removal of Temporary Fith. Any temporary fills must be removed in their entirety and the affected areas returned to their
preexisting elevation.
25. Designaled Critical Resource Waters. Critical resource waters indude, NOAA-deslgnated marir«; sanctuaries, National
Estuarine Research Reserves. National Wild and Scenic Rivers, critical habitat for Federally listed threatened and endangered
spedes, c<»al reefs, state natural heritage sites, jmd outstanding national resource waters or other waters offidally 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 Distric: Engineer may also designate additional critical resource waters after notice and
opportunity for comment.
(a) Except as noted beiow, discharges of dredged or fill material into waters of the US are not authorized by NWPs 7,12,
14, 15,17, 21, 29. 31, 35, 39, 40, 42, 43, and 44 For any adivity within, or directiy affecting, critical resource waters, induding
wetlands adjacent to such waters. Discharges of dredged or fill materials into waters of the US may be authorized by the
abovo NWPs in >Jational Wild and Scenic Rivers If the activity complies with General Condition 7. Further, such discharges
may be authorized in designated critical Itabitat for Federally listed threatened or endangered spedes if the activity complies
with General Condition 11 and the USFWS or the NMFS has concurired Ln a determination of compliance with this conditiotv
(b) For NWPs 3,8,10,13, 15,18,19, 22, 23, 25, 27, 2fl, 30, 33, 34,36, 37, and 38, notification Is required in accordance with
General Condition 13, for any activity proposed In the designated critical resource waters induding 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.
26. pilis Within 100-Year Floodplains. For purposes of thL* General Condition, 100-year floodplains will be Identified through the
existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain
maps.
(a) Discharges in Floodplain; Below Headumters. Discharges of dredged or fill material into waters Of the US within the
mapped 100-year floodplain. below headwaters (i.e. five cfs), resulting in permanent above-grade fills, are not authorized by
NWPs 39, 40, 42, 43, and 44.
(b) Discharges in Floodumy: Above Headwaters. Disdiarges of dredged «ir fill material int" watiirs of the US within the
FEMA or kically mapped floodway, resulting io pernttanent above-grade fills, arc not authorized by .NWPs 39, 40, 42, and 44.
(c) "Ihe permittee ntust comply with any applicable FEMA-approved .itoto or local floodplain management
requirements.
27. Coristructinij Period. For activities that have not been verified by the Corps and the project was commenced or under contract
to civiM-niine.e^ by ax^leatinn date of tho NWP («r modification <>r revtvc-ation datis), tha w»irk must be cnmplotud w.'it>\in 1 2-
SEP-13-2004 20=15 760 632 8710 760 632 8710 P.21
months after such date (including any modification that affects the project).
For adivities tiiat have been verified and the projed was commenced or under contrad to commence within the
verification period, the work must be completed by the date determined tiy the Corps.
For projects that have fcieen verified by the Corps, an extension of a Corps approved completion date may be requested.
This request must be submitied at least one month before the previously approved completion date.
3. Regional Conditions for the Los Angeles District
In accordance with General Condition Number 6, "Regional and CaSe-by-Case Conditions," the following Regional Conditions, as
added by the Division Engineer, must be met in order for an authorization t>y any Nationwide to t>e valid:
1. For coastal watersheds from the southern roach of the Santa Monica Mountains in Los Angeles County to the San Luis Obispo
County/Monterey County Ix^undary, all road crossings must cmploj' a bridge crt>sslng design that ertsures passage and/or
spawning of steelhcad (Oncorhynchus mykiss) is not hindered in any way. In these areas, bridge designs that span the stream
Or river, including designs for pier- or pile-supfWrted spans, or designs based on use of a bottomless arch culvert simulating
the natural stream bed (i,e., substrate and streamflow conditions in the mlvert are similar to undisturbed stream bed channel
conditions) shall be employed unless it can be demonstrated the stream or river does not support resources condudve to the
recovery of federally listed Anadromous salmonidt. including migration of adults and smolts, or rearing and spawning. This
proposal also excludes approach embankments into the channel unless they are detennined to have no detectable effect on
steel head.
2. For the State of Arizona and the Mujave and Sonoran (Colorado) desert regions of Califomia in Los Angeles Dis-trict (generally
north and east of the San Gabriel, San Bemardino, San Jacinto, and Santa Rosa mountain ranges, and south of Little Lake, Inyo
County), no nationwide permit except Nationwide Permits 1 (Aids to Navigation), 2 (Strudures in Artificial Canals), 3
(Maintenance), 4 (Fish and Wildlife Harvesting. Enhancenient, and Attraction Devices and Activities). 5 (Sdentific
Measurement Devices), 6 (Survey Activities), 9 (Structures in Fleeting and Anchorage Areas), 10 (Mooring Buoys). 11
(TemptJrary Recreational Shructures), 20 (Oil Spill Cleanup), 22 (Removal of Vessels), 27 (Stream and Wetiand Restoration
Activities), 30 (Moist Stsll Managcmnit for Wildlife), 31 (Maintenance of Existing Flood Control Projeds), 32 (Completed
Enforcenient Actions), 35 (Maintenance Dredging of Existing Basins), 37 (Emergency Watershed Protection and
Rehabilitation), and 38 (Cleanup of Hazardous and Toxic Waste), or other nationwide or regional general permits that
specifically authorize maintenance of previously authorized structures or fllL can bo used to authorize the discharge of
dredged or fill material into a jurisdidional spedal aquatic site as defined at 40 CFR Part 230,40-45 (sanctuaries and refuges,
wetlands, mudflat.«j, vegetated shallows, coral reefs, and riffle-and-pool complexes).
3. For all projects proposed for authorization by nationwide or regional general permits where prior notification to the District
Engineer is required, applicants must provide color photographs or color photocopies of the project aroa taken from
representative points documented on a site map. Pre-project photographs and lhe site map would be provided with the
permit application. Photographs should represent conditions typical or indicative of the resources before impacts.
4. Notification pursuant to general condition 13 shall be raquired for projects in all special aquatic sites as defined at 40 CFR Part
230.40-45 (sanctuaries and refuges, wetiands, mudflats, vegetated shallows, coral reefs, and riffle-and-pool comploxes), and in
all perenrtial watercourses or waterbodies in the State of Arizona and il-ie Mojave and Sonoran (Colorado) desert regions of
California in Los Angeles District (generally north and east of the San Gabriel, San Bernardino, San Jacinto, and Santa Rosa
nrwuntain ranges, and south of Little Lake, Inyo County), excluding the Colorado River from Davis Dam downstream lx>the
i-tfirth end of Topock and downstream of Imperial Dam.
5. Notification pursuant to general condition 13 shal) be required for projects in all areas designated as Essential Fish Habitat by
the Pacific Fij»hery Management Council (i.e., all tidally influenced areas).
6. Notificatican pursuant to general condition 13 shall be required for projects In all watersheds in the Santa Monica Mountains in
I..OS Angeles and Ventura counties bounded by Calleguas Creek on the west, by Highway 101 on the north and east, and by
Sunset Boulevard and Pacific Ocean on the south-
7. Individual permits shall b« required for all jurisdictional vernal pools,
8. Individual permits shall be required in Murrieta Creek and Temecuia Creek watersheds in Riverside County for new
permanent fills in perennial and intermittent watercourses otherwise authorized under NWPs 39, 42 and 43, and in
ephemeral watercourses ftwr these NWPs for projects that impad greater than 0.1 acre.
2EP_13-2004 20=16 760 632 8710 760 632 8710 P.22
9. individual permits shall be required in San Luis Obispo Creek and Santa Rosa Creek In San Luis Obispo County for bank
stabilization projects, and in Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank
stabilisation projocts and grade control structures.
Further information:
1. Congres.sIonal Authorities: You have been authorized lo undertake U'vc activity described above pursuant to:
() Sedion 10 of the Rivers and Harbors Ad of 1899 (33 U.S.C. 403).
(X) Sedion 404 of the Clean Water Ad (33 U.S.C. 1344).
2. Limits of this authorization.
(a) This permit dues not obviate the need to obtain other Federal, state, or local authorizations required by law.
(b) This permit does not grant any property rights or exclusive privileges,
(c) This permft doos not authorize any injury lo the property or rights of others.
(d) This permit does not authoriiie interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
(a) Damages to the pennitted project or uses thereof as a result of other permitiod or unpermitted adivities or from
natural causes,
(b) Damages to the permitted project or uses thereof as a result of current or future activities imdertaken by or on behalf
of the United States in Che public interest.
(c) Damages to p^sons, property, or to other permitted or unpermitted adivities or strudures caused by the adivity
authorized by this permit.
(d) Design or construction deficiencies assodated with the permitted work,
(e) Damage claims assodated with any futtire modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is riot contrary to the public interest
was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant.
Circumstances that could require a roevaluation include, but are not limited to, the following;
(a) You fail lo comply witii the terms and conditions of this permit.
(b) The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
(c) Significant ni>W information surfaces which this office did not consider in reaching the original public interest
dedsion.
Such a reevaluation may result in a determination that it is appropriate tc usa the suspension, modification, and revocation
procedures contained in 33 CFR 330.5 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the
temis and conditions of your permit and for tho initiation of legal adion where appropriate, You will be required to ppy for
any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain
situations (SuCh as thaie-Specified in 33 CFR 209.170) accomplish the corrective meastu-es by contrad or otherwise and bill you
for the cost.
6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is modified, reissued,
revoked, or expires before that litne.
7. You must maintain the activity authorized by this permit in got>d condition and in conformance with the terms and conditions
of this permit. You are not relieved of this requirement if you abandon the permitted adivity, although you may make a good
faith transfer t" a third party in compUance with General Condition H below. Should you wish to cease to maintain the
authorisced activity or should you desire ro abandon It witiwut a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the aroa.
8. If you sel! the property assodated with this permit, you must obtain thc signature of the new owner iz\ the space provided and
forward .'> ^^•py <>f thti pHinmit trt thi» office U't vnliclnlc.^ fcKc trar,iifc-r of thiss mitht^ri^At-ion
SEP-J.3-2004 20=16 760 632 8710 760 632 8710 P.23
9. You must allow representatives from thi« office to inspect the authorized activity at any tinic deemed necessary to cr\sure that
it is being or has been accomplished with the terms and conditions of your pennit.
TOTftL P.2;