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DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS, OMAHA DISTRICT

HELENA REGULATORY OFFICE

10 WEST 15TH STREET, SUITE 2200

HELENA, MONTANA 59626

REPLY TO

ATTENTION OF

Printed on Recycled Paper

April 21, 2021

Subject: Glacier National Park – Ten Bridge Repair Projects – Multiple Creeks;

National Park Service, Glacier National Park Attn: Mr. Jim Foster Post Office Box 128 West Glacier, Montana 59936

Dear Mr. Foster:

We are responding to your request for Nationwide Permit (NWP) verification for the ten separate bridge repair projects.

Specifically, you requested authorization for the following work in waters of the U.S.:

Location 1 USACE project number NWO-2008-02999-MTH is located at Akokala Creek Bridge at Latitude 48.788344°, Longitude -114.285151°, on Akokala Creek, within Section 22, Township 35 N, Range 21 W, near the village of Polebridge, Flathead County, Montana.

Work Item 1a

Permanently impact 35 linear feet (LF) of both banks and a total of approximately 595 square feet (SF) below the ordinary highwater mark (OHWM) of Akokala Creek using 82 cubic yards (CY) of class 5 riprap and boulders as revetments along both bridge abutments.

1b

Temporarily impact 3,854 SF below the OHWM of Akokala Creek using a 95-foot long bypass pipe, 8 CY of gravel berm bags, and fish screens on the upstream and downstream of the bypass pipe for temporary dewatering of the work area. All material will be removed when construction is complete.

Location 2 USACE project number NWO-2006-90774-MTH is located at the Anaconda Creek Bridge at Latitude 48.665381°, Longitude -114.113497°, on Anaconda Creek, within Section 36, Township 34 N, Range 20 W, near the village of Polebridge, Flathead County, Montana.

2a

Permanently impact 2 SF below the OHWM of Anaconda creek using two 12-inch round steel piles to replace two existing timber wingwall piles on the bridge structure.

2b

Temporarily impact 5,543 SF below the OHWM of Anaconda Creek as well as 1,938 SF of wetland for a temporary stream bypass system for dewatering using an 85-foot long bypass pipe, 60 CY of gravel berm bags, -2-and fish screens on the upstream and downstream of the bypass pipe. All material will be removed when construction is complete.

Location 3 USACE project number NWO-2021-00604-MTH is located at the Appistoki Creek Bridge at Latitude 48.485456°, Longitude -113.367603°, on Appistoki Creek, within Section 36, Township 32 N, Range 14 W, near the village of Kiowa, Glacier County, Montana.

3a

Permanently impact 33 LF of both banks and 1,314 SF below the OHWM of Appistoki Creek using 24 CY of concrete, 93 CY of native streambed material removed and reinstalled, 17 CY of streambed mixture, and 32 CY of 18 to 24-inch boulders for the revetments at the bridge corners.

3b

Temporarily impact 2,727 SF below the OHWM of Appistoki Creek for a temporary stream bypass system for dewatering the construction area using a 100-foot long bypass pipe, 33 CY of gravel berm bags, and fish screens on the upstream and downstream of the bypass pipe. All material will be removed when construction is complete.

Location 4 USACE project number NWO-2021-00606-MTH is located at the Bowman Creek Bridge at Latitude 48.785949°, Longitude -114.280765°, on Bowman Creek, within Section 22, Township 35 N, Range 21 W, near the village of

4a

Permanently impact 2 SF below the OHWM of Bowman Creek using two 12-inch round steel piles to replace two existing timber piles on the bridge structure.

4b

Temporarily impact 8,004 SF below the OHWM of Bowman Creek for a using a 103-foot long bypass pipe, 52 CY of gravel berm bags, and fish

Location 5 USACE project number NWO-2021-00611-MTH is located at the Camas Creek Bridge at Latitude 48.624173°, Longitude -114.028307°, on Camas Creek, within Section 15, Township 33 N, Range 19 W, near the village of West Glacier, Flathead County, Montana.

5a

Permanently impact 40 LF on both banks, 575 SF below the OHWM of Camas Creek, and 6 SF of palustrine emergent wetland using 43 CY of gabion baskets and class II riprap along the bridge abutments.

5b

Temporarily impact 6,100 SF below the OHWM of Camas Creek and 316 SF of palustrine emergent wetland for a temporary stream bypass system for dewatering the construction area using a 100-foot long bypass pipe, 43 CY of gravel berm bags, and fish screens on the upstream and downstream of the bypass pipe. All material will be removed when construction is complete.

Location 6 USACE project number NWO-2021-00612-MTH is located at the Fish Creek Bridge at Latitude 48.549718°, Longitude -113.985085°, on Fish Creek, within Section 11, Township 32 N, Range 19 W, near the village of West Glacier, Flathead County, Montana.

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6a

Permanently impact 40 LF on both banks and 709 SF below the OHWM of Fish Creek using 74 CY of class 6 riprap and 23 CY of class 2 riprap along the existing piers.

6b

Temporarily impact 3,476 SF below the OHWM of Fish Creek for a using a 118-foot long bypass pipe, 9 CY of gravel berm bags, and fish

Location 7 USACE project number NWO-2021-00614-MTH is located at the Ford Creek Bridge at Latitude 48.874037°, Longitude -114.360030°, on Ford Creek, within Section 19, Township 36 N, Range 21 W, near the village of

7a

Permanently impact 52 LF on both banks and 521 SF below the OHWM of Ford Creek using 77 CY of class 5 riprap along the existing piers.

7b

Temporarily impact 1,742 SF below the OHWM of Ford Creek for a using a 80-foot long bypass pipe, 13 CY of gravel berm bags, and fish

Location 8 USACE project number NWO-2021-00615-MTH is located at the Kintla Creek Bridge at Latitude 48.917007°, Longitude -114.368647°, on Kintla Creek, within Section 1, Township 36 N, Range 22 W, near the village of

8a

Permanently impact 1 SF below the OHWM of Kintla Creek by replacing one timber piling with one 12-inch steel pile.

8b

Temporarily impact 8,528 SF below the OHWM of Kintla Creek for a using a 83-foot long bypass pipe, 60 CY of gravel berm bags, and fish

Location 9 USACE project number NWO-2019-01322-MTM is located at the Logging Creek Bridge at Latitude 48.698568°, Longitude -114.192959°, on Logging Creek, within Section 20, Township 34 N, Range 20 W, near the village of

9a

Permanently impact 3 SF below the OHWM of Logging Creek and 1 SF of wetland by replacing four timber pilings with four 12-inch steel piles.

9b

Temporarily impact 6,122 SF below the OHWM of Logging Creek and 858 SF of wetland for a temporary stream bypass system for dewatering the construction area using a 81-foot long bypass pipe, 51 CY of gravel berm bags, and fish screens on the upstream and downstream of the bypass pipe. All material will be removed when construction is complete.

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Location

USACE project number NWO-2021-00620-MTH is located at the Quartz Creek Bridge at Latitude 48.722573°, Longitude -114.226154°, on Quartz Creek, within Section 7, Township 34 N, Range 20 W, near the village of

10a

Permanently impact 1 SF below the OHWM of Quartz Creek by replacing one timber piling with one 12-inch steel pile.

10b

Temporarily impact 3,675 SF below the OHWM of Quartz Creek and 3,205 SF of wetland for a temporary stream bypass system for dewatering the construction area using a 70-foot long bypass pipe, 61 CY of gravel berm bags, and fish screens on the upstream and downstream of the bypass pipe. All material will be removed when construction is complete.

c.

The work at all ten projects will be completed as detailed in the ten joint application received on March 30, 2021, submitted by Mr. Jeff Gray, Otak, on behalf of the applicant.

Under the authority of Section 404 of the Clean Water Act (CWA), DA permits are required for the discharge of fill material into waters of the U.S. Waters of the U.S.

include the area below the ordinary highwater mark of stream channels and lakes, or ponds connected to the tributary system, and wetlands adjacent to these waters.

Isolated waters and wetlands, as well as man-made channels, may be waters of the U.S. in certain circumstances, which must be determined on a case-by-case basis.

Based on the information you provided, the proposed ten projects activities:

1. NWO-2008-02999-MTH: Permanently affecting approximately 595 square feet and temporarily impacting approximately 3,854 square feet of Akokala Creek;

2. NWO-2006-90774-MTH: Permanently affecting approximately 2 square feet of

Anaconda Creek, temporarily impacting approximately 5,543 square feet of Anaconda Creek and 1,938 square feet of palustrine scrub-shrub wetland;

3. NWO-2021-00604-MTH: Permanently affecting approximately 1,314 square feet and temporarily affecting approximately 2,727 square feet of Appistoki Creek;

4. NWO-2021-00606-MTH: Permanently affecting approximately 2 square feet and temporarily affecting approximately 8,004 square feet of Bowman Creek;

5. NWO-2021-00611-MTH: Permanently affecting approximately 575 square feet of

Camas Creek and 6 square feet of palustrine emergent wetland as well as temporarily affecting approximately 6,100 square feet of Camas Creek and 316 square feet of palustrine emergent wetland;

6. NWO-2021-00612-MTH: Permanently affecting approximately 709 square feet and temporary affecting approximately 3,476 square feet of Fish Creek;

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7. NWO-2021-00614-MTH: Permanently affecting approximately 521 square feet and temporarily impacting approximately 1,742 square feet of Ford Creek;

8. NWO-2021-00615-MTH: Permanently affecting approximately 1 square foot and temporarily impacting approximately 8,528 square feet of Kintla Creek;

9. NWO-2019-01322-MTM: Permanently affecting approximately 3 square feet of

Logging Creek and 1 square foot of palustrine scrub-shrub wetland and temporarily impacting approximately 6,122 square feet of Logging Creek and 858 square feet of palustrine scrub-shrub wetland;

10. NWO-2021-00620-MTH: Permanently affecting approximately 1 square foot of

Quartz Creek and temporarily impacting approximately 3,675 square feet of Quartz Creek and 3,205 square feet of palustrine scrub-shrub wetland;

are authorized by NWP 14 Linear Transportation Projects, found in the January 6, 2017, Federal Register (82 FR 1860), Reissuance of Nationwide Permits. Enclosed is a fact sheet that fully describes this NWP and lists the General and Regional Conditions that must be adhered to for this authorization to remain valid. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office.

You are responsible for ensuring that all work is performed in accordance with the terms and conditions of the NWP. If a contractor or other authorized representative will be conducting work on your behalf it is strongly recommended that they be provided a copy of this letter and the enclosed conditions. Failure to comply with the General and Regional Conditions of this NWP may result in the suspension or revocation of your authorization and may be subject to appropriate enforcement action.

The Montana Department of Environmental Quality has provided the enclosed CWA

Section 401 water quality certification for this NWP which includes General Conditions, all of which must be complied with for that certification to remain valid. This does not eliminate the need to obtain other permits that may be required by that agency.

This verification is valid until March 18, 2022, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified, reissued or revoked, you will have twelve (12) months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions 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). Activities completed under the

-6-authorization of an NWP which was in effect at the time the activity was completed continue to be authorized by that NWP.

In compliance with General Condition 30, we have enclosed a "compliance certification" form, which must be signed and returned within 30 days of completion of the project, including any required mitigation. Your signature on this form certifies that you have completed the work in accordance with the terms and conditions of the NWP.

The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at:

https://regulatory.ops.usace.army.mil/customer-service-survey/ If you do not have Internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax.

Please refer to identification numbers identified above in any correspondence concerning these projects. If you have any questions, please contact Jerin Borrego at 10 W 15th Street, Suite 2200, Helena, MT 59626, by email at Jerin.E.Borrego@usace.army.mil, or telephone at 406-441-1364.

Sincerely, Jerin E. Borrego Regulatory Project Manager

Three Enclosures:

1. Ten Individual Project Compliance Certifications

2. NWP 14 Linear Transportation Projects Fact Sheet with Regional Conditions

3. Montana DEQ CWA Section 401 Water Quality Certification cc with enclosures:

Mr. Jeff Gray of Otak, Inc via email at jeff.gray@otak.com https://regulatory.ops.usace.army.mil/customer-service-survey/ mailto:jeff.gray@otak.com

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COMPLIANCE CERTIFICATION

USACE File Number: NWO-2008-02999-MTH

Permit Type: NWP 14 Linear Transportation Projects

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana

Date of Issuance: April 21, 2021

USACE Project Manager: Jerin Borrego

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it via email to Montana.Reg@usace.army.mil of to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit, and required mitigation was completed in accordance with the permit conditions.

Signature of Permittee

Date mailto:Montana.Reg@usace.army.mil

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USACE File Number: NWO-2006-90774-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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Corps File Number: NWO-2021-00604-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Glacier County, Montana

Corps Project Manager: Jerin Borrego the permit, sign this certification and return it to Montana.Reg@usace.army.mil or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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USACE File Number: NWO-2021-00606-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana the permit, sign this certification and return it to Montana.Reg@usace.army.mil or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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USACE File Number: NWO-2021-00611-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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USACE File Number: NWO-2021-00612-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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USACE File Number: NWO-2021-00614-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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USACE File Number: NWO-2021-00615-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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USACE File Number: NWO-2019-01322-MTM

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

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USACE File Number: NWO-2021-00620-MTH

Name of Permittee: Jim Foster, Glacier National Park, National Park Service

County: Flathead County, Montana or to the following address:

US Army Corps of Engineers Omaha District Helena Regulatory Office 10 W 15th Street, Suite 2200 Helena, Montana 59626

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 the conditions of this permit, you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been

2021-04-21T15:53:39-0600

BORREGO.JERIN.ELISE.1595616782

Effective 19 March 2017

Nationwide Permit 14

Linear Transportation Projects

Activities required for crossings of waters of the United States associated with 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 loss 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, including the use of temporary mats, 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 32.)

(Authorities: Sections 10 and 404)

Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d).

Note 2: 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).

Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include 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, including other separate and distant crossings that require Department of the Army authorization but do not require pre- construction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, ‘‘District Engineer’s Decision.’’ The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23).

Nationwide Permit General Conditions

Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/ or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR

330.5 relating to the modification, suspension, or revocation of any NWP authorization.

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. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

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, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

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, storm water management activities, and temporary and permanent road crossings, 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, or during low tides.

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 and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project.

The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers.

(a) No NWP 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.

(b) If a proposed NWP activity will 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, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).

Information on these rivers is also available at: http://www.rivers.gov/.

17. Tribal Rights.

No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.

18. Endangered Species.

(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which ‘‘may affect’’ a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA.

If pre- construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. 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 activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have http://www.rivers.gov/

‘‘no effect’’ on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species- specific permit conditions to the NWPs.

(e) Authorization of an activity by an 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 FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word ‘‘harm’’ in the definition of ‘‘take’’ means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http:// www.fws.gov/ipac and http:// www.nmfs.noaa.gov/pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles.

The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether ‘‘incidental take’’ permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

20. Historic Properties.

(a) In cases where the district engineer determines that the activity may have the potential to cause effects to 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. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, 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 might have the potential to be affected by the proposed NWP activity 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 properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. 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 in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might 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 to historic properties or that NHPA section 106 consultation has been completed.

(d) For non-federal permittees, 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. If NHPA section 106 consultation is required, the district engineer will notify the non- Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) 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, 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.

21. Discovery of Previously Unknown Remains and Artifacts.

If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

22. Designated Critical Resource Waters.

Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites.

The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.

(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.

(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, 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.

23. Mitigation.

The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than 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 for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than 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 either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-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 only minimal adverse environmental effects.

(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult- to-replace resources (see 33 CFR 332.3(e)(3)).

(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.

Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.

(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects.