ATTACHMENT_5_PERMITS.pdf

WORLD WAR II VALOR IN THE PACIFIC

NATIONAL MONUMENT

ISLAND OF OAHU, HAWAI’I

REPLACE USS ARIZONA MEMORIAL DOCK AND RAMP

PMIS No: 175579

PERMITS

NATIONAL PARK SERVICE

PACIFIC WEST REGION

May 2015

ARMY CORPS OF ENGINEERS

Section 10 Rivers and Harbors Act

DEPARTMENT OF THE ARMY

HONOLULU DISTRICT, U.S. ARMY CORPS OF ENGINEERS

FORT SHAFTER, HAWAII 96858-5440

May 15, 2015

SUBJECT: Final Nationwide Permit Verification for USS Arizona Dock and Ramp Replacement Project, Honolulu, Hawaii, DA File No. POH-2015-00075

Mr. Paul DePrey National Park Service 1845 Wasp Boulevard Honolulu, Hawaii 96816

Dear Mr. DePrey:

The U.S. Army Corps of Engineers, Honolulu District, has completed its review of your request for authorization dated April 22, 2015 for the proposed replacement of the existing floating dock, mooring system, and access ramp and bridge to the USS Arizona Memorial, in Southeast Loch of Pearl Harbor, Island of Oahu, Hawaii. This office has verified that your proposed activity complies with the terms and conditions of Nationwide Permit 3 (NWP-3), Maintenance, and the overall NWP Program issued on March 17, 2012. Please reference Department of the Army (DA) file number POH-2015-00075 in any future correspondence relating to this permit.

This NWP verification is being issued pursuant to Section 10 of the Rivers and Harbors

Act of 1899 (Section 10) and authorizes the following work as described below and as depicted on the enclosed drawings (Enclosure 1):

Project Description The National Park Service (NPS) proposes to replace the existing 15-foot-wide by 105-foot-long floating dock and associated access bridge and ramp to the USS Arizona Memorial with a new 20-foot wide by 145-foot-long floating dock, a new 10.5-foot-wide by 30-foot-long access bridge and ramp, and eight (8) new concrete anchor blocks. All new construction will occur on land on Ford Island and the new structures will be floated into position once the old structures are removed. The six

(6) existing anchor blocks will be abandoned in place and eight (8) new anchor blocks will be installed in new adjacent locations to support the new floating dock system.

The project includes replacement of the existing floating dock, mooring system, and the access ramp and bridge to the USS Arizona Memorial. The replacement is necessary because (1) the current floating dock has deteriorated causing the dock to list and the metal portions are corroded; (2) the accessible ramp configuration prevents adequate maintenance of the dock; (3) the current ramp does not provide adequate access for persons with disabilities; and (4) a better ramp configuration is needed for intermittent dive operations.

- 2 -

In order for this NWP authorization to be valid, you must ensure that the work is performed in accordance with the Nationwide Permit General Conditions and the Honolulu District Regional Conditions (Enclosure 2), and the following project-specific Special Conditions:

Project Specific Special Conditions:

1. For compliance with the Endangered Species Act, you must comply with the attached

Best Management Practices (BMP) for General In-Water Work Including Boat and Diver Operations (Enclosure 3) to avoid effects to threatened or endangered marine species.

2. For compliance with the Magnuson-Stevens Fishery Conservation and Management Act, NMFS determined that the adverse effects will likely to be none to minimal given the nature of the environment and resources in the project area (silty seafloor, the high level of ambient turbidity, and the lack of corals growing on the existing dock structures), and the implementation of the following NMFS provided Best Management Practices (BMPs):

a) Be aware of and avoid physical impact not only to any corals growing on the bottom or on structures by the Arizona memorial but also in the shoreline areas where the old and new docks will be placed/launched/assembled in-water.

b) Minimize sedimentation to any corals growing on the Arizona wreckage and nearby shoreline by minimizing the movement of vessels associated with high levels of sediment re-suspension (e.g. tug boats) close to these areas during also after the construction phase.

c) Reiterate to the contractor that the contractor is responsible for ensuring that each of the BMPs as provided and listed in the USACE permit are successfully implemented and monitored for effectiveness throughout the construction period. If BMPs are found to be ineffective, the contractor should halt construction and re-initiate construction only when effective BMPs have been implemented.

3. 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 their 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 U.S Army 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.

This NWP verification is valid until March 18, 2017 unless this NWP is modified, reissued, or revoked prior to that date. If the authorized work has not commenced or is not under contract by March 18, 2017, then please contact this office at least 60 days prior to expiration of the NWP to request a permit extension. It is incumbent upon you to remain

- 3 -informed of changes to the NWPs. If the Corps modifies, reissues, or revokes any NWP at an earlier date, we will issue a public notice announcing the changes. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 10 and subsequent enforcement action. This authorization does not relieve you of the responsibility to obtain any other Federal, State, and/or local authorizations required by law.

We have prepared and enclosed a Preliminary Jurisdictional Determination (JD), which is a written indication that wetlands and waterways within your project area may be waters of the United States (Enclosure 4). If you believe the Preliminary JD is inaccurate, you may request an Approved JD, which is an official determination regarding the presence or absence of waters of the U.S. If you choose to request an Approved JD, please be aware that we may require the submittal of additional information and work authorized in this letter may not occur until the approved JD has been finalized.

Section 40l(a)(l) of the Clean Water Act may require that you obtain a Water Quality Certification or waiver from the State of Hawaii, Department of Health, Clean Water Branch. For additional information, please contact the Clean Water Branch at (808) 586- 4309 or CleanWaterBranch@doh.hawaii.gov.

Finally, General Condition #30 requires a signed certification be submitted to this office upon completion of work. Therefore, please sign, date and return the enclosed Compliance Certification form (Enclosure 5) within seven (7) days of completion of work to CEPOH-RO@usace.army.mil .

Thank you for your cooperation with the Honolulu District Regulatory Program. Should you have any questions related to this determination, please contact Katy Damico via telephone at (808) 835-4160 (Office) or via e-mail at Katy.R.Damico@usace.army.mil .

You are encouraged to provide comments on your experience with the Honolulu District Regulatory Office by accessing our web-based customer survey form at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 .

Sincerely, Katy R. Damico Project Manager Regulatory Office

Enclosure(s)

Cc: Ms. Janice C. Marsters, Kennedy/Jenks Consultants, Agent Mr. John Nakagawa, State of Hawaii DBEDT Office of Planning mailto:CleanWaterBranch@doh.hawaii.gov mailto:CEPOH-RO@usace.army.mil mailto:Katy.R.Damico@usace.army.mil http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

US Army Corps of Engineers, Honolulu District

DEPARTMENT OF THE ARMY PERMIT

COMPLIANCE CERTIFICATION

File Number: POH-2015-00075 Project Title: USS Arizona Memorial Dock and Ramp Replacement Project Subject: Department of the Army Permit Compliance Certificate

PERMIT TYPE: Nationwide Permit #3 (NWP-3)

NAME OF PERMITTEE: Mr. Paul DePrey, National Park Service

DATE OF ISSUANCE: May 15, 2015

DATE OF EXPIRATION: March 18, 2017

The permittee must, 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 or via email within seven (7) days of completion of work:

Honolulu District US Army Corps of Engineers Regulatory Office Building 230, CEPOH-RO Fort Shafter, HI 96858-5440 Email: CEPOH-RO@usace.army.mil

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 terms and 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

POH-2015-00075 Enclosure 5 mailto:CEPOH-RO@usace.army.mil

US Army Corps of Engineers, Honolulu District

PRELIMINARY JURISDICTIONAL DETERMINATION FORM

File Number: POH-2015-00075 Project Title: USS Arizona Memorial Dock and Ramp Replacement Project Subject: PRELIMINARY JURISDICTIONAL DETERMINATION FORM

This preliminary jurisdictional determination (JD) finds that there “may be” waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information:

A. REPORT COMPLETION DATE FOR PRELIMINARY JURSDICTIONAL

DETERMINATION: April 30, 2015

B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:

Mr. Paul DePrey National Park Service 1845 Wasp Boulevard Building #176 Honolulu, HI 96816

C. DISTRICT OFFICE: Honolulu District, CEPOH-RO FILE NAME: USS Arizona Memorial Dock and Ramp Replacement Project

FILE NUMBER: POH-2015-00075

D. PROJECT LOCATION(S), BACKGROUND INFORMATION, AND WATERS:

State: Hawaii City: Honolulu County: Honolulu Center Coordinates of Site: Latitude 21.36461 and Longitude -157.94977 HUC: 20060000 (Oahu, Hawaii) Name of nearest waterbody: Southeast Loch of Pearl Harbor/Pacific Ocean Identify the amount of waters in the review area:

Non-wetland waters: 1.0+ acres.

Cowardin Classification: E1UBL

Wetlands: N/A acres Cowardin Classification: N/A

Name of any water bodies on the site that have been identified as Section 10 waters:

Tidal: Southeast Loch of Pearl Harbor Non-Tidal: N/A

Enclosure 4

POH-2015-00075 Preliminary JD

E. REVIEW PERFORMED FOR SITE EVALUATION:

Office (Desk) Determination. Date: April 30, 2015 Field Determination. Date(s):

F. EXPLANATION OF PRELIMINARY AND APPROVED JURISDICTIONAL

DETERMINATIONS:

1. The Corps of Engineers believes that there may be jurisdictional waters of the

United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site.

Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time.

2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre-construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant’s acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33

POH-2015-00075 Preliminary JD

C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable.

G. SUPPORTING DATA:

Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below):

Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:

Data sheets prepared/submitted by or on behalf of the applicant/consultant.

Office concurs with data sheets/delineation report.

Office does not concur with data sheets/delineation report.

Data sheets prepared by the Corps: .

Corps navigable waters’ study: .

U.S. Geological Survey Hydrologic Atlas:

USGS NHD data.

USGS 8 and 12 digit HUC maps.

U.S. Geological Survey map(s). Cite quad name: Pearl Harbor Quad USDA Natural Resources Conservation Service Soil Survey. Citation:

National wetlands inventory map(s). Cite name: E1UBL State/Local wetland inventory map(s): .

FEMA/FIRM maps:

100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: Aerial (Name & Date):

or Other (Name & Date): .

Previous determination(s). File no. and date of response letter: .

Other information (please specify):

IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations.

Katy R. Damico April 30, 2015 Signature and date of Signature and date of Regulatory Project Manager person requesting preliminary JD (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable)

Best Management Practices (BMP) for General In-Water Work Including Boat and Diver Operations

January 2015

NMFS Protected Resources Division recommends implementation of the following BMP to reduce potential adverse affects on protected marine species. These BMPs arc not intended to supplant measures required by any other agency, and compliance with these BMP shall always be considered secondary to safety concerns.

All workers associated with this project, irrespective of their employment arrangement or affi liation (e.g. employee, contractor, etc.) should be fu lly briefed on required BMP and the requirement to adhere to them for the duration of their involvement in th is project.

A. Constant vigilance shall be kept for the presence of ESA-Jisted marine species during all aspects of the proposed action, particularly in-water activities such as boat operations, diving, and deployment of anchors and mooring lines.

J. The project manager shall designate an appropriate number of competent observers to survey the areas adjacent to the proposed action for ESA-listed marine species.

2. Surveys shall be made prior to the start of work each day, and prior to resumption of wot·k fo llowing any break of more than one halfhour. Periodic additional surveys throughout the work day are strongly recommended.

3. A II wot·k shall be postponed or halted when ESA-Iistcd marine species arc within 50 yards of the proposed work, and shall only begin/resume after the animals have voluntari ly depat1cd the area. lf ESA-Iisted marine species are noticed within 50 yards after work has already begun, that work may continue only if, in the best judgment of the project supervisor, that there is no way for the activity to adversely affect the animal(s). ror example; divers performing surveys Ol' underwater work would likely be permissible, whereas operation of heavy equipment is I ikely not.

4. Before entering the water, all divers shall be made aware of ESA-listcd corals, and the requirement to avoid contact with those organisms while performing their duties.

This shall include taking measures to avoid kicking the reef with fins, and to secure dive and survey equipment in a manner that will prevent that material fi·om being drug across the substrate.

5. Special attention will be given to vel'ify that no ESA-Iisted marine animals are in the area where equipment or material is expected to contact the st1bstrate before that equipmetlt/material may entel' the water. This includes the requirement to limit anchoring to sandy areas well away rrom coral.

6. A II objects wi II be lowered to the bottom (or installed) in a controlled manner. This can include the use of buoyancy controls such as tin bags, or the use of cranes, winches, or other equipment that affect positive control over the rate of descent.

7. In-water tethers, as well as mooring lines for vessels and marker buoys shall be kept to the minimum lengths necessary, and shall remain deployed only as long as needed to properly accomplish the required task.

8. When piloting vessels, vessel operators shall alter course to remain at least I 00 yards from whales, and at least 50 yards from other marine mammals and sea turtles.

US Army Corps of Engineers Honolulu District Regulatory Office

Received by POH/KRD Date: April 22, 2015

POH-2015-000785 Enclosure 3

9. Reduce vessel speed to 10 knots or less when piloting vessels at or within the t·angcs described above from marine mammals and sea turtles. Operators shall be particularly vigilant to watch for tuttles at or near the surface in at·eas of known or suspected turtle activity, and if practicable, reduce vessel speed to 5 knots or less.

l 0. If despite efforts to maintain the distances and speeds described above, a marine mammal or turtle approaches the vessel, put the engine jn neutral until the an.imal is at least 50 feet away, and then slowly move away to the prescribed distance.

11. Marine mammals and sea turtles shall not be encircled ot· trapped between multiple vessels or between vessels and the shore.

12. Do not attempt to feed, touch, l'ide, or otherwise intentionally interact with any ES/\ Iisted marine species.

B. No contamination of the marine environment shall result from project-l'elated activities.

13. A contingency plan to control toxic materials is required.

14. Appropriate materials to contain and clean potential spills sha ll be stored at the work site, and be readily available.

15. All project-related materials and equipment placed in the water shall be free of pollutants.

16. The project manager and heavy eqLiipment operators shall pet·form daily pre-wol'l< equipment inspections for cleanliness and leaks. All heavy equipment operations shall be postponed or halted should a leak be detected, and shall not proceed until the leak is repaired and equipment cleaned.

17. Fueling of land-based vehicles and equipment shall take place at least 50 feet away frot11 the water, preferably over an impervious surface. Fueling of vessels shall be done at approved fueling facilities.

18. Turbidity and siltation from project-related work shall be minimized and contained through the appropriate use of erosion control practices, effective silt containment devices, and the curtailment of work dming adverse weather and tidal/flow conditions.

19. A plan shall be developed to prevent debris and othet· wastes from entering or remaining in the marine environment during the project.

US Army Corps of Engineers Honolulu District Regulatory Office

Received by POH/KRD Date: April 22, 2015

POH-2015-000785 Enclosure 3

Nationwide Permit (3) Maintenance (3/19/2012)

(a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure, or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project or within the boundaries of the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays.

(b) This NWP also authorizes the removal of accumulated sediments and debris in the vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and/or the placement of new or additional riprap to protect the structure. The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. The placement of new or additional riprap must be the minimum necessary to protect the structure or to ensure the safety of the structure.

Any bank stabilization measures not directly associated with the structure will require a separate authorization from the district engineer.

(c) This NWP also authorizes temporary structures, fills, and work necessary to conduct the maintenance activity. 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.

(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects.

Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 31). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Sections 10 and 404)

Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance.

REGIONAL CONDITIONS:

Honolulu District has adopted the following Regional Conditions as a means to ensure no more than minimal impacts, on an individual and/or cumulative basis, will occur in waters of the United States by projects authorized by Nationwide Permit (NWP). The following Regional Conditions are applicable unless the Honolulu District makes a written determination, based on project-specific information, that omitting or deviating from a particular Regional Condition is both merited and would not result in more than minimal impacts to the aquatic environment.

1. Pre-Construction Notification (PCN). Notification to the Honolulu District is required, in accordance with General Condition 31, for any activity authorized by this NWP that will take place within any of the geographic areas subject to the regulatory jurisdiction of the Honolulu District. You must obtain a written NWP verification from the Honolulu District before commencing the authorized activity.

2. Coral Reef Advisory: Please be advised that coral reefs are special aquatic sites with complex ecosystems that may consist of many contributing biological assemblages, including sponges, macroalgae, seagrass, soft corals, gorgonians, etc., in addition to reef-building coral colonies. It should not be assumed that low live coral cover or the absence of live coral colonies in a particular sample or location indicates the absence of potential impacts to a coral reef by a given project. The Honolulu District determines, after coordinating with the appropriate resource agencies, the presence and magnitude of impacts to coral reef special aquatic sites, as well as appropriate and practicable compensatory mitigation requirements, commensurate with the scope and scale of specific authorized activities. No activity that directly results in a permanent loss of coral reef may be authorized by this NWP if the District Engineer determines, after coordinating with appropriate resource agencies, that compensatory mitigation is required.

3. National Wildlife Refuges, Hawaii State Wildlife Sanctuaries, Hawaii Marine Life

Conservation Districts, and Guam Marine Preserve Areas. This NWP may not be used to authorize activities within or directly affecting national wildlife refuges, Hawaii state wildlife sanctuaries, Hawaii marine life conservation districts, or Guam marine preserve areas, including wetlands adjacent to such designated areas, unless the Honolulu District determines after coordination with appropriate resource agencies that the activity would result in not more than minimal adverse impacts to aquatic resources.

4. Anchialine pools, montane bogs, natural freshwater lakes and saline lakes.This NWP may not be used to authorize activities within anchialine pools, montane bogs, natural freshwater lakes, or saline lakes.

5. Mangroves and Sea and Freshwater Caves, including Vadose Shafts, Sink Holes, Allogenic Streams, Stream Caves, Phreatic Zones, and Cenotes, in the Territories of Guam and American Samoa and the Commonwealth of the Northern Mariana Islands (CNMI).This NWP may not be used to authorize any activity in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands (CNMI) within mangroves or sea or freshwater caves, including vadose shafts, sink holes, allogenic streams, stream caves, phreatic zones, and cenotes.

POH-2015-00075 Enclosure 2

6. Acreage Limitation. The maximum acreage loss of waters of the United States for the total project may not exceed 1/10-acre resulting from any discharge of dredged or fill material in a special aquatic site, including wetlands, if authorized by this NWP, or a combination of any of these NWPs: NWP 3, 7, 40, 41, 43, 45, 46, and 51.

7. Road Crossings. Use of embedded or bottomless arch culverts is required when practicable, especially where frequent culvert maintenance or replacement is needed, for any activity authorized under this NWP. Culverts must maintain the original and natural full bank capacity (cross-sectional volume) of the channel. If a bottomless culvert cannot be used, a rock apron with an appropriate slope (determined on a site or project specific basis), or other appropriate measures must be incorporated to prevent perching of the culvert or scouring that could obstruct up- and downstream native stream species migration. To preserve a natural stream bed, bridge designs that span the stream or river, including pier or pile supported spans, are encouraged.

8. Compensatory Mitigation. Upland vegetation buffers may not be used as the primary or sole method to offset permanent losses of wetland or aquatic resources within the geographic areas subject to the regulatory jurisdiction of the Honolulu District.

However, use of vegetated upland buffers is strongly encouraged as part of a compensatory mitigation plan that replaces lost aquatic resource functions through restoration, enhancement, and creation or, under exceptional circumstances, preservation of wetland and aquatic areas. Compensatory mitigation shall provide a minimum ratio of 1:1 replacement of unavoidable aquatic resource function losses or area. (Note: The actual ratio may be larger in order to account for the impact plus temporal loss of area/functions and/or uncertainty of mitigation success.)

9. Minimization Measures. A plan employing the techniques listed below must be implemented to avoid or minimize disturbance to wetlands, riparian areas and beach fringes and/or to re-establish vegetation in such areas when disturbance cannot be avoided. Areas disturbed during project construction must be revegetated as soon as possible. Erosion protection must be provided and maintained until the soil is permanently stabilized.

a. Avoidance and minimization techniques may vary with site conditions and include, but are not limited to, the following:

(1) Planning construction access and scheduling work to avoid or minimize damage to wetland vegetation.

(2) Using crane matting or suitable geotextile material to protect vegetation from damage by heavy equipment.

(3) Insuring that anchorage of construction barges, equipment, and their anchor lines avoid coral reefs and seagrass beds.

b. Revegetation techniques may vary with site conditions and include, but are not limited to seeding, planting, replacement of reserved ground cover, and/or fertilizing of re-contoured ground to promote re-establishment of natural plant communities. Species to be used for seeding and planting, preferably those that provide the same functions as those species they are replacing, shall follow this order of preference: 1) species native to the site; 2) species native to the area; 3) species native to the state; 4) non-native non-invasive, species. Note: non-native species shall be used only when native species are not available. The following species are known to be highly invasive and shall not be used under any circumstances for revegetation under these NWPs: 1) species included on the USDA APHIS Plant Protection and Quarantine, Federal Noxious Weed List as of 6/7/99; 2) species included on the Hawaii Department of Agriculture, List of Plant Species Designated as Noxious Weeds for Eradication or Control Purposes (6/18/92); and 3) the University of Hawaii, Department of Botany, Distribution Maps of Alien Plants in Hawaii by island, Hawaiian Ecosystems at Risk (HEAR) Project (1/16/01); and 4) plants that score >1 and evaluated as ‘Accept’ on the Hawaii Weed Risk Assessment.

10. Site Identification. Prior to clearing and construction, project limits of authorized sites must be clearly identified in the field (e.g., by staking, flagging, silt fencing, buoys, existing footprint for maintenance activities, etc.) to ensure that impacts to waters of the United States (including wetlands) beyond project footprints are avoided. Such identification of project limits must be properly maintained until construction is completed and the soils have been stabilized.

11. Protected or Endangered Species.

a. Constant vigilance shall be kept for the presence of protected species during all aspects of the proposed action. Protected species include plants and animals listed or proposed for listing as threatened or endangered under Endangered Species Act (ESA), birds covered under the Migratory Bird Conservation Act, as well as all marine mammals. Although the protected species potentially affected would be determined on a project-specific basis, protected species typically of concern in Hawaii include: Hawaiian stilt, Hawaiian coot, Hawaiian moorhen, Hawaiian duck, Hawaiian goose, green sea turtle, hawksbill sea turtle, and Hawaiian monk seal. In the Territory of Guam or the Commonwealth of the Northern Mariana Islands species include: nightingale wee-warbler, Mariana common moorhen, green sea turtle, and hawksbill sea turtle. In American Samoa species also include: green sea turtle and hawksbill sea turtle.

b. All on-site project personnel, irrespective of their employment arrangement or affiliation (e.g. employee, contractor, etc.), shall be apprised of the status of any protected species potentially present in the project area and the protections afforded to those species under Federal laws. Brochures explaining the laws and guidelines for listed species in Hawaii, American Samoa, and Guam may be downloaded from http://www.nmfs.noaa.gov/prot_res/MMWatch/hawaii.htm and http://www.fws.gov/pacificislands/species.html .

c. The project foreman shall designate an appropriate number of competent observers to survey the area adjacent to the proposed action for protected species. The project foreman shall also have in his/her possession at the jobsite a handout with photographs of protected species that may enter the construction site to assist with identification of the protected species. (U.S. Fish and Wildlife Service – Pacific Islands Fish and Wildlife Office (PIFWO) will provide the informational handout).

d. Surveys of the project area shall be made prior to the start of work each day, and prior to resumption of work following any break of more than one half hour, to ensure that no protected species are in the project area (typically within 50 yards of the proposed work). All work shall be postponed or halted when protected species are present, and shall only begin/resume after the animals have voluntarily departed the area. In the case of sessile species, a conservation plan shall be developed and approved between the Regulatory Branch, U.S. Army Corps of Engineers and PIFWO and/or National Marine Fisheries Service Pacific Islands Regional Office (PIRO).

e. If an onsite protected species does not depart the area on its own for 3 days or more, we recommend that the permittee, or responsible contractor, contact PIFWO for further technical assistance and guidance (808) 792-9400.

f. Any interaction with or incidental take of protected species shall be reported immediately to the Regulatory Branch, U.S. Army Corps of Engineers (808) 835- 4303. Additionally, pursuant to the ESA, any take of ESA-listed species (other than marine mammals) must be reported to the U.S. Fish and Wildlife Office of Law Enforcement in Honolulu at 1-808-861-8525. Any incidental take of marine mammals shall be reported immediately to the National Oceanic and Atmospheric Administration’s (NOAA) 24-hour hotline at 1-888-256-9840.

Information reported must include the name and phone number of a point of contact, location of the incident, and nature of the take and/or injury.

http://www.nmfs.noaa.gov/prot_res/MMWatch/hawaii.htm http://www.fws.gov/pacificislands/species.html

Note: Additional requirements may be designated by the Honolulu District as appropriate for specific projects, including all conservation measures and/or best management practices (BMPs) required by any ESA consultation for the project.

12. Standard Best Management Practices (BMPs). Site-specific BMPs are generally a requirement of NWP verifications, either directly or by state water quality certification conditions, which are incorporated by reference. A permittee risks delays or enforcement action if work is commenced pursuant to a site-specific BMP plan that includes regulated activities, such as temporary access fill or stream diversions, that were not authorized under the NWP verification. To facilitate efficient review of a project, site-specific BMPs must be submitted as part of the PCN required for any activity requiring authorization under a NWP.

To the extent applicable, the following BMPs must be implemented to minimize the degradation of water quality and impacts to fish, coral reefs, and other aquatic resources:

a. Turbidity and sediment from project-related work must be minimized and contained to the immediate vicinity of the authorized activity through the appropriate use of effective sediment containment devices.

b. To the extent practicable, the work must be conducted in the dry season or when any affected stream has minimal or no flow. The site must be stabilized to prevent erosion and runoff and work must stop during flooding, intense rainfall, storm surge, or high surf conditions. To the extent practicable, shoreline work must be done during low tides.

c. To the extent practicable, work in the aquatic environment must be scheduled to avoid coral spawning and recruitment periods and sea turtle nesting and hatching periods. Coordination with federal resource agencies (U.S. Fish and Wildlife Service and/or NOAA) can assist in identifying these time periods.

d. Dredging and filling in the aquatic environment must be designed to avoid or minimize adverse impacts to or the loss of special aquatic sites (wetlands (swamps, marshes, bogs, etc.), mudflats, vegetated shallows/seagrass beds, coral reefs and/or riffle and pool complexes).

e. All project-related materials (fill, landscaping, etc.) and equipment (dredges, barges, backhoes, etc.) to be placed in any aquatic environment shall be inspected and cleaned of pollutants, organic matter, and invasive species (including snakes, frogs, and marine plants and animals, etc.) prior to use in any aquatic environment.

f. No project-related materials (fill, revetment rock, pipe etc.) shall be stockpiled in the aquatic environment (intertidal zones, reef flats, stream channels, wetlands etc.) or in close proximity such that materials could be carried into waters by wind, rain, or high surf.

g. All construction debris and material removed from the marine/aquatic environment shall be disposed of at an approved upland or alternative disposal site.

h. No contamination (by trash, debris, sediment, non-native species introductions, attractions of non-native pests, etc.) of adjacent waters of the United States, including special aquatic sites, shall result from project-related activities.

Special attention must be paid to the fouling level on barges, vessels, and equipment whereas to minimize the transport and potential introduction and spread of aquatic non-native species. In addition, if dredged or excavated material or structural members are removed from the water or placed in the water, measures must be taken to prevent the spread or introduction of any aquatic non-native species. This shall be accomplished by implementing a litter-control plan and on a site or project specific need basis, developing a Hazard Analysis and Critical Control Point Plan (HACCP – see http://www.haccp-nrm.org/Wizard/default.asp) to prevent attraction and introduction of non-native species.

i. Fueling of project-related vehicles and equipment shall take place away from the water and a contingency plan to control petroleum products accidentally spilled during the project shall be developed. The plan shall be retained on site with the person charged with the responsibility of compliance with the plan.

Absorbent pads and containment booms shall be stored on-site, if appropriate, to facilitate the clean-up of accidental petroleum releases.

j. To minimize turbidity in the aquatic environment, any under-layer fills used in the project shall be protected from erosion with suitable material (such as precast concrete armor or mat units) as soon after placement as practicable.

k. Any soil exposed near water as part of the project shall be protected from erosion (with suitable material such as geotextile, filter fabric, etc.) after exposure and stabilized as soon as practicable (with vegetation matting, hydroseeding etc.). Revegetation should follow the established standards in Regional Condition #10 (Minimization Measures).

l. Silt fences, silt curtains, or other diversion or containment structures shall be installed to contain sediment and turbidity at the work site (a) parallel to, and within 10 feet of, the toe of any fill or exposed soil which may introduce sediment to an adjacent aquatic site; and (b) adjacent to any fill placed or soil exposed within an aquatic site. All silt fences, curtains, and other structures shall be installed properly and maintained in a functioning manner for the life of the construction period and until the impact area is permanently stabilized, self sustaining, and/or turbidity levels, elevated due to construction, have returned to ambient levels.

m. When the discharge of fill material results in the replacement of wetlands or waters of the US with impervious surfaces, the authorized activity must not result in more than minimal degradation of water quality (in accordance with General Condition 25). To ensure NWPs do not cumulatively degrade water quality from increasing impervious area, projects should incorporate low impact development stormwater practices (e.g. native landscaping, bioretention and infiltration techniques, buffers, green roofs, and green spaces) to the extent practical to retain stormflows and pollutants on-site. More information including low impact stormwater concepts and definitions is available at:

http://www.epa.gov/owow/NPS/lid .

13. State of Hawaii, Department of Health, Clean Water Branch (DOH) Requirements

(Projects in the State of Hawaii Only).

a. You must obtain a Clean Water Act (CWA) Section 401 Water Quality

Certification (WQC) from the DOH before the Honolulu District can issue verification for proposed work requiring authorization under CWA Section 404.

All conditions of a Section 401 WQC issued for a project are hereby incorporated into the project’s NWP verification and are subject to discretionary enforcement by the Honolulu District. The permittee is strongly encouraged to submit a DOH WQC application to DOH, with site-specific BMPs, applicable monitoring plan, and any dredge spoils management plans.

b. You must contact the DOH to determine if a National Pollutant Discharge Elimination System (NPDES) permit is required. For work authorizations requiring verification solely under Section 10 of the Rivers and Harbors Act of 1899, any best management practices (BMPs) required or recommended by the DOH for purposes of avoiding and minimizing the discharge of pollutants, other than dredged or fill material, into state waters, including 303(d)-listed impaired waters, are hereby incorporated into the NWP verification. These conditions are subject to discretionary enforcement by the Honolulu District.

c. For projects directly impacting “Impaired Waters” as listed on the most recent CWA Section 303(d) list (http://hawaii.gov/health/environmental/water/cleanwater/integrated/index.html ), the PCN shall:

(1) Identify the waterbody as an “Impaired Water” and, POH-2015-00075 Enclosure 2 http://www.epa.gov/owow/NPS/lid http://hawaii.gov/health/environmental/water/cleanwater/integrated/index.html

(2) Identify mitigating measures or BMPs necessary to avoid further degradation of the impaired water.

d. You may dispose of dredged spoils at state permitted landfills, provided you comply with the landfill’s acceptance criteria. Preapproval by the DOH-Solid and Hazardous Waste Branch is not required for this action. The generator shall provide documentation to DOH upon request. You may use dredge spoils at off-site locations, provided the dredged spoils meet the Hawaii DOH Soil Environmental Action Levels for unrestricted use. You must adequately characterize the dredged spoils, including conducting sampling and analysis in accordance with the HEER Office Technical Guidance Manual and other relevant guidance documents. Sampling methodology and analytical results shall be documented, including a comparison to EALs, and maintained by the generator.

The spoils shall also meet the definition of inert fill material, which generally includes “…earth, soil, rocks, and rock-like materials... [that do not] contain vegetation or other organic material, or other solid waste.” The generator shall provide the documentation to the DOH upon request. Offsite placement of dredged spoils that do not meet the above criteria or occur without adequate records may be considered illegal dumping, subject to enforcement action.

14. Sidecasting. No activity may sidecast material into waters of the United States.

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.

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…