Y25-780_Seasonal_High_Water_Assessmen(LakesideDr).pdf

INTRODUCTION

To facilitate assessment of drainage improvements, seasonal high water elevations (SHWE) were flagged in the canal between Lake Rowena and Lake Sue. Lakeside Drive is culverted to allow conveyance through the canal between the two lakes. The project area is located in a portion of the southwest quarter of Section 18, Township 22 South, Range 30 East as approximately shown on Figure 1: Site Vicinity Map.

SEASONAL HIGH WATER ELEVATIONS (SHWE)

Elevations for SHWE were flagged on May 21, 2024. Sketch/Notes about in-field markings/flagging with descriptions as well as the Echo Engineering and Survey’s survey information for SHWE’s is included in Appendix A: Sketch/Notes and Survey Showing Seasonal High Water Elevations. Following is a table summarizing SHWE survey data.

SHWE SURVEY DATA

SHWE ID Surveyed Elevation Notes SHWE south of Lakeside Drive 71.25 At defined rust line on sheet pile SHWE north of Lakeside Drive 71.27 At defined rust line on sheet pile

WETLAND/SURFACE WATER DESCRIPTIONS

Limits of the surface waters of the artificial canal are primarily existing seawalls and sheet pile. In the vicinity of flagging labeled W-1, W-2, W-3, and W-4 on the Echo Engineering and Survey’s survey, seawall was ill-defined.

Limits of the canal were flagged at the limits of cypress knees and a large cypress tree.

SOILS

Soils mapped by Natural Resource Conservation Service (NRCS) adjacent to the canal are Zolfo-Urban land complex. (NRCS Web Soil Survey, Orange County, Florida, Version 20, Aug 28, 2023) See Appendix B:

Lakeside Drive--Web Soil Survey, Natural Resources Conservation Service.

Zolfo-Urban land complex is described by NRCS as a somewhat poorly drained soil with a water table typically 24 to 48 inches below the ground surface. The parent material is comprised of sandy marine deposits occurring on marine terraces. The Urban Land component in Orange County, Florida comprises approximately 40 percent of the mapping unit and is typically substrate that’s been disturbed by development or grading. Neither the primary Zolfo component nor the minor Millhopper, Lochloosa, non-hydric Symrna, or Pomello components are rated hydric by NRCS. This upland soil type shown on both sides of the canal suggests that, historically, the canal was created through uplands.

REGULATION OF WETLANDS AND SURFACE WATERS

U.S. Army Corps of Engineers

Jurisdiction A Revised Definition of “Waters of the United States” became effective March 20, 2023. (33CFR 328—Published 01/18/2023)

However, the U.S. District Court for the District of North Dakota granted a preliminary injunction halting the WOTUS Rule from taking effect in 24 states including Florida while active litigation continues. Florida is one of the 24 states joining a West Virginia lawsuit against EPA (Environmental Protection Agency) and the U.S. Army Corps of Engineers (USACE) asking a federal judge to declare the rule unlawful and vacate it. During this litigation period Florida is following the pre- 2015 definition of “Waters of the United States” plus incorporation of changes resulting from a May 25, 2023 Supreme Court decision (Sackett v. EPA).

The Supreme Court decision on May 25, 2023, amplified the issue associated with definitions of wetlands “adjacent” to “navigable waters”. Following are a few excerpts from the Supreme Court decision:

In sum, we hold that the CWA extends to only those wetlands that are "as a practical matter indistinguishable from waters of the United States." Rapanos, 547 U. S., at 755 (plurality opinion) (emphasis deleted). This requires the party asserting jurisdiction over adjacent wetlands to establish "first, that the adjacent [body of water constitutes] . . . 'water[s] of the United States,' (i.e., a relatively permanent body of water connected to traditional interstate navigable waters);

and second, that the wetland has a continuous surface connection with that water, making it difficult to determine where the 'water' ends and the 'wetland' begins." Id., at 742.

First, this Court "require[s] Congress to enact exceedingly clear language if it wishes to significantly alter the balance between federal and state power and the power of the Government over private property."

In sum, we hold that the CWA extends to only those "wetlands with a continuous surface connection to bodies that are 'waters of the United States' in their own right," so that they are "indistinguishable" from those waters. Rapanos, 547 U. S., at 742, 755 (plurality opinion) (emphasis deleted); see supra, at 22.

"The Clean Water Act anticipates a partnership between the States and the Federal Government." Arkansas v. Oklahoma, 503 U. S. 91, 101 (1992). States can and will continue to exercise their primary authority to combat water pollution by regulating land and water use.

See, e.g., Brief for Farm Bureau of Arkansas et al. as Amici Curiae 17-27.

This decision suggested that 1) more defining “clear” language to determine limits of jurisdiction will be developed and 2) States may exercise their authority to protect wetlands and waters where Federal jurisdiction does not extend.

In fact, Revised Definition of “Waters of the United States”; Conforming was published in the September 8, 2023 Federal Register; amended the rule published January 18, 2023, to conform to the May 25, 2023 Supreme Court decision (Sackett v.

EPA), and became effective on the date of publication. Some clarifications within the Sackett decision were reinforced from a plurality Supreme Court opinion (Rapanos v. United States-2006). The justices interpreted the term “waters of the United States” as covering “relatively permanent, standing or continuously flowing bodies of water” that are connected to traditional navigable waters as well as wetlands with a “continuous surface connection” to such waterbodies. “Seasonal” flow no longer is used related to “relatively permanent.” The definition of “relatively permanent has been left open to encompass widely variable hydrologic patterns in the United States.

The Sackett decision disagreed with “significant nexus,” an assessment methodology to determine whether a wetland significantly affects the chemical, physical, and biological integrity of other waters of the United States. Therefore, under the Sackett decision “significant nexus” was deleted as a method to potentially exert jurisdiction associated with tributaries, streams, adjacent wetlands, and “additional waters.”

The Court (Sackett v EPA) also determined that the term “adjacent” means “having a continuous surface connection.” This means that these adjacent wetlands must meet connectivity criteria to be jurisdictional as “Waters of the United States.”

Further, that Court removed the term “interstate wetlands” from the 2023 Rule published January 2023 but left “interstate waters” (meaning open waters).

Types of Permits “Letters of permission” (LOP) will be issued for certain very minor activities in wetlands; otherwise, the type of permit required for development in wetlands regulated by the USACE depends on the type and significance of the proposed wetland impact. General permits cover a clearly specified category of projects having no significant environmental impact. General permits are of three types:

Regional permits incorporate a list of activities and conditions published by the District Engineer.

Nationwide permits incorporate a list of specific activities (with associated conditions) approved by the Department of the Army on a nationwide basis and which have minimal individual and cumulative adverse environmental impact.

Programmatic permits may be issued to avoid duplication of an existing state, local, or other federal agency program providing for natural resource protection.

Whether an activity is covered by a general permit can be confirmed by the District Engineer or by reviewing the appropriate portion of the Federal Register. The prospective permittee should be aware that preconstruction notification (PCN) or a post-construction report to the District Engineer is required for certain nationwide permit activities. Notification for any activity that results in the loss of greater than one-half (1/2) acre will be forwarded by the USACE to the following agencies to initiate interagency coordination:

The U.S. Fish and Wildlife Service/National Marine Fisheries Service regarding the presence of any Federally listed endangered or threatened species or critical habitat effected by the proposed project.

The State Historic Preservation Office regarding the presence of any historic resources in the project area that may be affected by the proposed project.

The Environmental Protection Agency.

The state natural resource or water quality agency.

Important to note is that water quality certification, pursuant to Section 404 of the Clean Water Act, and coastal zone management consistency concurrence (where applicable) are required prior to the issuance of nationwide permits authorizing activities that may potentially result in discharge to waters of the United States. The State of Florida (Florida Department of Environmental Protection or water management district) reviews each of the proposed activities prior to issuing or waiving either the certification or consistency concurrence. (Nationwide Permit General Conditions-Condition 25. Water Quality and Condition 26. Coastal Zone Management) Additionally, “No activity is authorized under any nationwide permit which may effect a listed species or critical habitat unless a Section 7 Consultation addressing the effects of the proposed activity has been completed.” (Nationwide Permit General Conditions-Condition 18. Endangered Species)

Nationwide Permits most recently issued and published in the Federal Register describe types of activity-specific nationwide permits and includes conditions (requirements) which apply to each specific activity and general conditions which apply to all nationwide permits collectively. Most nationwide permits do not authorize impacts greater than one-half (1/2) acre.

As a general condition for Nationwide Permits, mitigation at a minimum 1:1 ratio (one acre of compensation per one acre of impact) will be required for all wetland impacts greater than 1/10 acre a PCN is required. On a case-by-case basis, mitigation may be deemed necessary for impacts less than 1/10 acre. Since the USACE has determined that restoration of wetlands has a greater likelihood of success and that no uplands need to be impacted, restoration of wetlands is preferred by the agency. Restoration, creation, enhancement, preservation, purchase of mitigation bank credits, and in-lieu fee arrangements will be considered. (See further discussion of mitigation banks under the water management district section of this report.) Preservation is to be used in only certain circumstances to prevent a threat to or a decline of aquatic resources.

Preservation is defined as the “protection of ecologically important wetlands or other aquatic resources in perpetuity” and may include uplands adjacent to wetlands. The USACE may impose a twenty-five to fifty-foot (25’ to 50’) “riparian area” of native vegetation adjacent to streams or other open waters. Required “riparian areas” may be wider “to address documented water quality concerns” and will be considered mitigation. (Nationwide Permit General Conditions-Condition 23.

Mitigation)

For certain nationwide permits, where the proposed activity involves filling within the 100-year floodplain, the PCN must include documentation that the activity complies with FEMA-approved local floodplain requirements. (Nationwide Permit General Conditions-Condition 10)

For impacts considered significant by the USACE, an “individual permit” is required. Public notice is required during the application for this type of permit. Also, as the significance of the impact increases, so does the requirement for compensatory mitigation for wetland impacts.

Site Specific Comments: The surface water does have a continuous connection to a “retained water”—Lake Jessup.

Therefore, USACE 404 permitting would be required for most proposed wetland/surface water impacts. For surface waters, permanent and temporary impacts below the ordinary high water elevation would need to be quantified during a permitting process. Appendix C: NWP Possibilities for Lakeside Drive Drainage Improvements contain information for Nationwide Permits (NWP) 43 or 58 which may provide a permitting pathway for proposed activities.

Each NWP is associated with specific conditions as well as general conditions which apply to all NWP.

Florida Department of Environmental Protection

The Florida Department of Environmental Protection (FDEP) regulates dredging, filling, and discharge of pollutants into surface waters, including wetlands. Present criteria for delineation of wetlands became effective on July 1, 1994, and incorporate assessment of vegetative species, soils, and hydrologic characteristics as outlined in Chapter 62-340 (F.A.C.). Except for a few minor exempt activities, a permit would be required to dredge or fill to discharge pollutants into surface waters and wetlands.

Dredge and fill activities permitted by FDEP under the Environmental Resource Permit (ERP) rules are limited in the realm of commercial and residential development (except for a single family residence on a single lot). An operating agreement between each of the water management districts and FDEP summarizes the types of activities permitted by FDEP within each water management district. Most dredge and fill permitting has been delegated to water management districts.

Site Specific Comments: If the proposed activity is not specifically covered by the operating agreement with the water management district, permitting by FDEP will not be required.

St. Johns River Water Management District

Jurisdiction The St. Johns River Water Management District (SJRWMD) defines wetlands as “areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils.” A criterion for delineation of wetlands became effective on July 1, 1994, and incorporates assessment of vegetative species, soils, and hydrologic characteristics as outlined in Chapter 62-340 (F.A.C.)–the same as for FDEP.

If storm water management permitting is to be done through this agency, dredge and fill permitting will generally, though not always, be done by SFWMD rather than by FDEP. Dredge and fill permitting will be done according to the Environmental Resource Permit (ERP) rules. The type of permit application required for a proposed dredge and fill activity depends on the scope of the project and the extent of proposed wetland impacts.

Permit Types Exemptions apply for some activities resulting in minor impacts to water quality or to wetlands. Activities must meet criteria outlined in 62-330.051 for a specific activity.

General Permits authorize activities that, if conducted consistent with the permit requirements, will cause minimal individual and cumulative adverse impacts to the water resources of the Agencies. Mitigation is neither necessary nor required to offset those impacts except when provided for in the general permit. . Persons using a general permit must comply with the notice requirements of rule 62-330.402, F.A.C., the general conditions in rule 62-330.405, F.A.C., and all of the terms, conditions, and limitations of the specific general permit.

For projects not meeting criteria for an Exemption or General Permit, an Individual Permit is required.

Mitigation The state has attempted to streamline permitting and standardize permitting criteria through its Environmental Resource Permit (ERP) rule, which was adopted fall 1995. With the exception of certain artificial water bodies, the SJRWMD will consider “secondary impacts”–adverse impacts to water quality, wetland functions, and upland habitat for aquatic and wetland dependent listed species as well as historic and archaeological resources. If undisturbed buffers with a minimum width of fifteen feet (15’) and an average width of 25’ are provided abutting on-site wetlands, secondary impacts to habitat functions of wetlands associated with adjacent upland activities will not be considered adverse.

Cumulative impacts will also be considered through the ERP process. These are impacts are related to other off-site activities regulated under part IV, Chapter 373 which are constructed, approved or under review and adversely affect water quality and wetland functions. How these activities, along with any proposed activity, will collectively affect water quality and wetland function will be assessed by the agency.

February 1, 2004, the Uniform Mitigation Assessment Method (UMAM) was adopted whereby specific criteria are outlined for a) conducting a qualitative characterization and quantitative assessment of proposed impact and mitigation areas, b) assessing ecological value of mitigation preservation, c) assessing mitigation for time lag (length of time required for creation, enhancement, or restoration to be equivalent to impacted wetland) and risk (likelihood that the mitigation area will be successful in perpetuity), and d) assessing the functional gain or loss for impact and mitigation areas. Numerical values will be assigned based on the assessed characteristics and then used in a formula to determine the specific amount of a particular type of mitigation (preservation, creation, enhancement, or restoration) required for a particular impact. For most wetland impacts, the new method will supercede the ratio method historically used by the agency.

In some areas of Florida, mitigation banks are permitted and have credits released by the regulatory permitting agencies. The mitigation bank managers then can sell mitigation credits to compensate for wetland impacts. One mitigation credit is equivalent to “the ecological value gained by the successful creation of one acre of wetland.” In certain areas where mitigation banks have been approved prior to UMAM and will be used for mitigation, mitigation may still be determined using ratios or some other regulatory agency approved method. Using the ratio method, with the exception of certain artificial water bodies, the amount of mitigation recommended for impacts to freshwater marshes ranges from one and one half (1.5) to five (5) acres of wetland creation or restoration to one (1) acre of impact. The amount of mitigation recommended for impacts to forested wetlands range two (2) to five (5) acres of wetland creation or restoration to one (1) acre of impact.

As part of the application review process, impacts to 100-year flood zones and floodways will be assessed. Potential water quantity and water quality impacts to adjacent properties will also be evaluated.

Site Specific Comments: The canal is within the jurisdiction of the SJRWMD and is in the HUC-12 030801011102 Howell Creek Drainage Basin. Appendix D: Potential SJRWMD Pathways for Lakeside Drive contains excerpts from Florida Administrative Code which may apply to proposed activities. Final application of the rule may be clarified at a pre-application meeting.

Orange County

Wetland Conservation Areas Orange County, by the authority of Orange County Code, "Article X. Wetland Conservation Areas", has established the following procedures for the regulations of wetlands, called Conservation Areas:

Identification and classification of potential county wetlands;

Measurement of "significance and viability" of county wetlands; and

Evaluation of compensation and mitigation programs in conjunction with development activities related to wetlands.

The line demarcating the wetland boundary between uplands and potential Conservation Areas is established by assessment of vegetative species, soils, and hydrologic characteristics as outlined in Chapter

62-340 (F.A.C.). Orange County then classifies Conservation Areas into one of three categories based on their size, hydrologic relationship to other surface water bodies, and habitat suitability.

Class I Conservation Areas include those wetland areas which (1) have a hydrological connection to natural surface water bodies, (2) comprise lake littoral zones, (3) are isolated and are forty acres or larger (>40 acres), or (4) provide critical habitat for federal and/or state listed threatened or endangered species. "Manmade ditches or canals constructed through uplands that connect previously isolated wetlands to natural surface water bodies shall not be considered as a hydrological connection. Artificial or manmade canals constructed in historical natural drainage ways shall be considered as a hydrological connection".

According to Orange County, listed threatened or endangered species, related to the Class I Conservation Areas, are those species designated as listed by the State (pursuant to F.S. 581.185 and F.A.C. 39-27.003 and 39-27.004) or the U.S. Fish and Wildlife Service.

Class II Conservation Areas are isolated wetlands or formerly isolated wetlands which by way of man's activities have been directly connected to other surface water drainage; and are greater than, or equal to five (>5)acres in size.

Class III Conservation Areas are those wetlands that do not otherwise qualify as Class I or II Conservation Areas.

This includes wetlands that are less than five acres in size.

Compensation for impacts to Conservation Areas, if required, may include wetland creation, wetland enhancement, wetland restoration, or compensation to Orange County. Habitat compensation or mitigation is required for impacts to Class I Conservation Areas; though the County only allows impacts when (1) no other feasible or practical alternative exists or (2) when there is an overriding public benefit. Unless contrary to the public interest, mitigation is presumed to be allowed for Class II Conservation Areas. Mitigation shall be allowed for Class III areas.

Mitigation ratios for Class I Conservation Areas are determined on a case-by-case basis. For Class II Conservation Areas, recommended mitigation ratios are 1.5:1 for freshwater marshes and wet prairies, 2:1 for cypress wetlands, and 2.5:1 for hydric hammocks, bayheads or mixed hardwood swamps. Recommended Class III Conservation Area mitigation ratios are 1:1. “For off-site, unlike, or other mitigation proposals, ratios shall be determined on a case by case basis.”

According to the Orange County Comprehensive Policy Plan, Conservation Element, Policy 1.4.6, “Off-site mitigation for wetland impacts will be considered only when the mitigation site is located within Orange County;

this includes wetland and upland preservation and enhancement and creation of wetlands. The Board of County Commissioners may approve out of County mitigation areas on a case by case basis; this includes mitigation banks, which benefit the County’s wetland resources.”

In addition, Orange County requires that a monitoring and maintenance program be developed for all mitigation projects. “The length and complexity of monitoring will depend upon the type of mitigation approved , but will not be less than one (1) year and an eighty-five (85) percent coverage rate of all planted areas.”

Site Specific Comments: The canal within the project site will be regulated by Orange County.

Figure

FIGURE 1: VICINITY MAP

APPROXIMATE

SITE

AutoCAD SHX Text

ORANGE COUNTY, FLORIDA

AutoCAD SHX Text Base Map Source: TOPO (National Geographic 2002)

AutoCAD SHX Text D:\2022 Jan5 Backup\CLIENTS\SAI\Lakeside Dr Culvert\240722(LakesideDr).dwg

AutoCAD SHX Text

LAKESIDE DRIVE DRAINAGE IMPROVEMENTS

Appendix A: Sketch/Notes and Survey Showing Seasonal High Water Elevations.

Soil Map—Orange County, Florida (Lakeside Drive at Canal)

Natural Resources Conservation Service

Web Soil Survey National Cooperative Soil Survey

7/22/2024

0464740 464830 464920 465010 465100 465190 465280 465370 465460 465550

464740 464830 464920 465010 465100 465190 465280 465370 465460 465550

28° 34' 31'' N

1'

8' ' W

28° 34' 31'' N

1'

'' W

28° 34' 14'' N

1'

8' ' W

28° 34' 14'' N

1'

'' W

N

Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 0 150 300 600 900

Feet 0 50 100 200 300

Meters Map Scale: 1:3,840 if printed on A landscape (11" x 8.5") sheet.

Soil Map may not be valid at this scale.

MAP LEGEND MAP INFORMATION

Area of Interest (AOI) Area of Interest (AOI)

Soils Soil Map Unit Polygons

Soil Map Unit Lines

Soil Map Unit Points

Special Point Features Blowout

Borrow Pit

Clay Spot

Closed Depression

Gravel Pit

Gravelly Spot

Landfill

Lava Flow

Marsh or swamp

Mine or Quarry

Miscellaneous Water

Perennial Water

Rock Outcrop

Saline Spot

Sandy Spot

Severely Eroded Spot

Sinkhole

Slide or Slip

Sodic Spot

Spoil Area

Stony Spot

Very Stony Spot

Wet Spot

Other

Special Line Features

Water Features Streams and Canals

Transportation Rails

Interstate Highways

US Routes

Major Roads

Local Roads

Background Aerial Photography

The soil surveys that comprise your AOI were mapped at 1:20,000.

Warning: Soil Map may not be valid at this scale.

Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale.

Please rely on the bar scale on each map sheet for map measurements.

Source of Map: Natural Resources Conservation Service Web Soil Survey URL:

Coordinate System: Web Mercator (EPSG:3857)

Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required.

This product is generated from the USDA-NRCS certified data as of the version date(s) listed below.

Soil Survey Area: Orange County, Florida Survey Area Data: Version 20, Aug 28, 2023

Soil map units are labeled (as space allows) for map scales 1:50,000 or larger.

Date(s) aerial images were photographed: Mar 1, 2023—Sep 1, The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident.

Soil Map—Orange County, Florida (Lakeside Drive at Canal)

Natural Resources Conservation Service

Web Soil Survey National Cooperative Soil Survey

7/22/2024

Map Unit Legend

Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI

7 Candler-Urban land complex, 0 to 5 percent slopes

2.7 4.9%

8 Candler-Urban land complex, 5 to 12 percent slopes

16.3 29.1%

55 Zolfo-Urban land complex 10.6 19.0%

99 Water 26.3 47.0%

Totals for Area of Interest 55.9 100.0%

Soil Map—Orange County, Florida Lakeside Drive at Canal

Natural Resources Conservation Service

Web Soil Survey National Cooperative Soil Survey

7/22/2024

Appendix B: Lakeside Drive--Web Soil Survey, Natural Resources Conservation Service

L a k e s i d e

D r i v e

SHWE 2 @ rust line on

SHWE 1

W-1 at retaining wall

W-2 limits of cypress knees

W-3 landward of big cypress

W-4 at retaining wall sheet pile

@ rust line on sheet pile

Retaining Wall

Rip Rap

Gabionsl

SHWE and Surface Water limits flagged by

Yvonne I. Froscher on 5/21/24

Sketch/Notes for SHWE and Wetland Limits

AutoCAD SHX Text

ORANGE COUNTY, FLORIDA

AutoCAD SHX Text

DRAINAGE IMPROVEMENTS

AutoCAD SHX Text

LAKESIDE DRIVE

S(C)

S(C)

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S( C)

S( C)

S( C)

S( C)

S(C) S(C)

WATER

WATER

WATER

WATER

WATER

WATER

SITE BENCHMARK A13

SET 5/8" IRON ROD & CAP

"ECHO UES TP LB 8184"

ELEV = 73.49

BE(B)

BE(B)

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OE

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74.10

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74.23

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77.12

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75.39

74.77

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73.94

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74.09 73.8473.85

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76.13

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74.58

74.37

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74.45

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74.14

76.08

77.26

77.92

78.76

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78.01

76.82

76.20

75.56

75.09

74.64

74.06

73.80

.47

74.17

74.45

73.59

74.81

75.36

76.15

76.68

77.99

78.77

78.57

77.74

77.10

76.72

76.17

75.41

74.85

74.52

73.97

74.77

74.98

75.49

75.48

.43

.46

.07

.20

.64

.50

.5

.8

74.45

.39

74.96

.42

75.16

.73

.48

74.44

120" CMP

OBVERT= 78.10'

INVERT= 67.96'

120" CMP

OBVERT= 78.06'

INVERT= 67.65'

120" CMP

OBVERT= 78.00'

INVERT= 67.78'

120" CMP

OBVERT= 78.09'

INVERT= 67.59'

120" CMP

OBVERT= 78.25'

INVERT= 67.96'

ASPHALTPAVEMENT

EDGE OFPAVEMENT

EDGE OFPAVEMENT

ASPHALTPAVEMENT

EDGE OFPAVEMENT

ASPHALTPAVEMENT

EDGE OFPAVEMENT

BRICKDRIVEWAY

CONCRETE

DRIVEWAY

BRICKDRIVEWAY

BRICK DRIVEWAY

CONCRETE

DRIVEWAY

CONCRETE

DRIVEWAY

CONCRETE

DRIVEWAY

CONCRETE

DRIVEWAY

ASPHALT

PAVEMENT

HEDGE

HEDGE

HEDGE

HEDGE

HEDGE

HEDGE

HEDGE

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

GRASS

CONCRETE

DRIVEWAY

ASPHALT PATCH

SANITARY MANHOLE

TOP= 74.99'

NE (4" PVC) INVERT= 69.41'

E (2" PVC) INVERT= 70.47'

W (8" PVC) INVERT= 69.05'

N (8" PVC) INVERT= 68.35'

SE (8" PVC) INVERT= 68.40'

SW (8" PVC) INVERT= 68.50'

FLAT GRATE INLET

TOP= 74.43'

SE (12" RCP WITH LINER) INVERT= 72.85'

FLAT GRATE INLET

TOP= 73.45'

N (15" RCP WITH LINER) INVERT= 71.27'

NW (18" RCP WITH LINER) INVERT= 70.95'

FLAT GRATE INLET

TOP= 73.49'

S (15" RCP WITH LINER) INVERT= 71.34'

BRICK WALKWAY

INVERT (18" RCP WITH LINER)= 70.25'

INVERT (12" RCP WITH LINER)= 70.86'

FLAT GRATE INLET

TOP= 74.27'

SW INVERT (12" VCP) OBSCURED BY BOLTED FILTER

BOTTOM= 72.17'

INVERT (12" VCP)= 71.80'

5' IRON FENCE

6' VINYL FENCE

RIP RAP

RIP RAP

1' WIDE MASONRY WALL

1' WIDE MASONRY WALL

RIP RAP RIP RAP

CANAL

CANAL

CANAL

CANAL

W2

W1

W3

SEASONAL HIGH WATER MARK

ELEVATION= 71.25'

TOP OF WATER= 69.89'

1' WIDE MASONRY WALL

R

IP

R

AP

SEASONAL HIGH WATER MARK

ELEVATION= 71.27'

TOP OF WATER= 69.97'

W4

36"

15"

36"

30"

24"

24" 36"

24"

24"

48"

48"

24"

1' WIDE MASONRY WALL

41"

6"

23"

27"

EDGE OF PAVEMENT

EDGE OF PAVEMENT

EDGE OF PAVEMENT

69 68

FAILED PIPE ROOF AREA

W

AL

TE

R W

R

OS

E D B

P G

W

AL

TE

R W

R

OS

E D B

P G

PARCEL 18-22-30-5596-01-391

ORB 4908, PG 2818

LOTS 139, 140, & 141 (LESS A

PORTION OF LOT 139)

MERRIT PARK

PLAT BOOK J, PAGE 64

APPROXIMATE PARCEL LINE

SHOWN FOR GRAPHIC

PURPOSES ONLY

APPROXIMATE PARCEL LINE

SHOWN FOR GRAPHIC

PURPOSES ONLY

APPROXIMATE PARCEL LINE

SHOWN FOR GRAPHIC

PURPOSES ONLY

P

AR

C E L

-2

2-

-0

0-

OR

B

8, P

G

P

AR

C E L

2)

AP

P R

OX

IM

AT

E E

AS

T

LI

N E

OF

T

H E N

W

/4 O

F T

H E

S W

/4 O

F S

E C

TI

ON

8-

-3

P E R P

LA

T

B

OO

K U

P

AG

E

AP

P R

OX

IM

AT

E E

AS

T

LI

N E

OF

T

H E N

W

/4 O

F T

H E

S W

/4 O

F S

E C

TI

ON

8-

-3

P E R P

LA

T

B

OO

K T

P

AG

E

PARCEL 18-22-30-5596-01-360

DOC# 20170366819

LOTS 136, 137, & 138 (AND A

PORTION OF LOT 139)

MERRIT PARK

PLAT BOOK J, PAGE 64

PARCEL 18-22-30-5596-00-030

ORB 10126, PG 3560

LOT 3 AND THE EAST 10' OF LOT 2

MERRIT PARK

PLAT BOOK J, PAGE 64

PARCEL 18-22-30-5596-00-021

DOC# 20200281858

LOT 2 LESS THE EASTERLY 10'

AND THE EASTERLY 20' OF LOT 1

MERRIT PARK

PLAT BOOK J, PAGE 64

PARCEL 18-22-30-5596-00-011

ORB 11001, PG 1464

THE W 60' OF LOT 1

MERRIT PARK

PLAT BOOK J, PAGE 64

PER BOUNDARY SURVEY

PREPARED BY ACCURIGHT

SURVEYS OF ORLANDO, INC.

CERTIFIED BY FRANK A. RAYMOND

PLS #4007 DATED 5/29/1992

APPARENT BOUNDARY LINE

PER BOUNDARY SURVEY BY

AZIMUTH SURVEYING AND

MAPPING INC.

CERTIFIED BY THOMAS A.

DOWNS, PSM #4991 DATED 10-4-06 APPARENT RIGHT OF WAY LINE

PER BOUNDARY SURVEY BY

AZIMUTH SURVEYING AND

MAPPING INC.

CERTIFIED BY THOMAS A.

DOWNS, PSM #4991 DATED 10-4-06

APPARENT RIGHT OF WAY LINE

PER BOUNDARY SURVEY BY

AZIMUTH SURVEYING AND

MAPPING INC.

CERTIFIED BY THOMAS A.

DOWNS, PSM #4991 DATED 10-4-06

R/W LINE SHOWN ON PB T, PG 22

BUT NOT INCLUDED IN PLAT

NO SUPPORTING DOCUMENTATION

FOUND OR PROVIDED

R/W LINE SHOWN ON PB T, PG 22

BUT NOT INCLUDED IN PLAT

NO SUPPORTING DOCUMENTATION

FOUND OR PROVIDED

51' PER PLAT BOOK U, PAGE 43

65' PER PLAT BOOK T, PAGE 22

PARCEL 13-22-29-7676-00-010

DOC# 20230712005

LOT 1

ROSE ISLE SECTION 3

PLAT BOOK U, PAGES 43-44

(AND LAND TO LAKE)

W LINE OF LOT 1

APPROXIMATE DESCRIPTION LINE

PER DOC# 20230712005

PARCEL 13-22-29-7676-00-020

DOC# 20200436671

LOT 2

ROSE ISLE SECTION 3

PLAT BOOK U, PAGES 43-44

PARCEL 13-22-29-7674-00-200

ORB 5903, PG 1696

PORTIONS OF LOTS 20 AND 21

ROSE ISLE SECTION 2

PLAT BOOK T, PAGE 22

PARCEL 13-22-29-7674-00-220

ORB 9768, PG 6778 (PARCEL 1)

LOT 22 AND A PORTION OF LOT 21

ROSE ISLE SECTION 2

PLAT BOOK T, PAGE 22

LAKESIDE DRIVE

60' RIGHT OF WAY

PER PLAT BOOK T, PAGE 22

FOREST AVE (P)

LAKESIDE DRIVE (F)

40' RIGHT OF WAY

PER PLAT BOOK J, PAGE 64

APPROXIMATE DESCRIPTION LINE

PER DOC# 20230712005

APPARENT RIGHT OF WAY LINE

APPARENT RIGHT OF WAY LINE

W

AL

TE

R W

R

OS

E D B

P G

FOUND 5/8" IRON ROD & CAP

"PLS 4200"

FOUND NAIL & DISK

"ACCURIGHT LB 4475"

FOUND 5/8" IRON ROD

NO ID

FOUND 2" IRON PIPE

NO ID

FOUND 5/8" IRON ROD

NO ID

FOUND 1/2" IRON ROD & CAP

"LB 4596"

FOUND 5/8" IRON ROD

NO ID

FOUND 1/2" IRON PIPE

NO ID

S( C)

S( C)

S C

S C

S C

S(C)

S(C)

S(C)

S(C)

SANITARY MANHOLE

TOP= 75.15'

N (8" PVC) INVERT= 68.35'

SE (8" PVC) INVERT= 68.40'

SW (8" PVC) INVERT= 68.50'

Feet 0 10 20

SURVEYOR'S REPORT:

1. THIS SURVEY DOES NOT DETERMINE OWNERSHIP OF THE LANDS SHOWN

HEREON.

2. MEASUREMENT METHODS USED FOR THIS SURVEY MEET STANDARDS OF

PRACTICE FOR LAND SURVEYING CHAPTER 5J-17 REQUIREMENTS. DIMENSIONS

ARE SHOWN IN UNITED STATES STANDARD SURVEY FEET AND DECIMALS

THEREOF UNLESS OTHERWISE NOTED.

3. THIS SURVEY WAS PERFORMED WITHOUT BENEFIT OF AN ABSTRACT, TITLE

SEARCH, TITLE OPINION OR TITLE COMMITMENT. A TITLE SEARCH MAY REVEAL

ADDITIONAL INFORMATION AFFECTING THE PARCEL AS SHOWN.

4. EASEMENTS OR RIGHTS OF WAY THAT APPEAR ON RECORDED PLANS OR THAT

HAVE BEEN FURNISHED TO THE SURVEYOR BY OTHERS HAVE BEEN

INCORPORATED INTO THIS DRAWING WITH APPROPRIATE NOTATION. OTHER

EASEMENTS MAY BE DISCOVERED BY A SEARCH OF THE PUBLIC RECORDS.

5. RIGHT OF WAY INFORMATION SHOWN HEREON WAS DETERMINED BY FOUND

MONUMENTATION, RECORDED PLATS, AND INFORMATION OBTAINED ON THE

ORANGE COUNTY PROPERTY APPRAISERS WEB SITE. NO RIGHT OF WAY

DOCUMENTATION WAS PROVIDED BY CLIENT.

6. THIS IS NOT A BOUNDARY OR RIGHT OF WAY SURVEY.

7. DUE TO INSUFFICIENT GEOMETRY ON THE RECORD PLATS, FIELD EVIDENCE

THAT CONFLICTS WITH PLATTED RIGHT OF WAY WIDTHS, DISCREPANCIES

BETWEEN PLATS REGARDING THE WIDTH OF THE CANAL, ETC., ALL RIGHT OF

WAY, BOUNDARY AND PARCEL LINES SHOWN HEREON SHOULD BE CONSIDERED

APPROXIMATE. ADDITIONALLY, NO EVIDENCE WAS FOUND BY THIS SURVEYOR TO

SHOW CONVEYANCE OF CANAL OR RIGHT OF WAY OF LAKESIDE DRIVE FROM

WALTER ROSE TO ANY OTHER ENTITY. (SEE DEED BOOK 926, PAGE 78, PUBLIC

RECORDS OF ORANGE COUNTY, FLORIDA.)

8. FEATURES SHOWN BY SYMBOL AS INDICATED IN THE LEGEND ARE NOT TO

SCALE.

9. THE HORIZONTAL POSITIONS FOR ALL FEATURES SHOWN ON THE MAP ARE

RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, NORTH

AMERICAN DATUM OF 1983/2011 ADJUSTMENT (NAD 83/11), ZONE 901, FLORIDA

EAST. HORIZONTAL CONTROL WAS ESTABLISHED USING THE FLORIDA

DEPARTMENT OF TRANSPORTATION'S (FDOT) FLORIDA PERMANENT REFERENCE

NETWORK (FRPN), A REAL TIME KINEMATIC (RTK) GLOBAL POSITIONING SYSTEM

(GPS).

10. VERTICAL INFORMATION SHOWN HEREON REFERS TO ORANGE COUNTY CONTROL

MARK "L1546039" HAVING AN ELEVATION OF 75.045 AND ORANGE COUNTY

CONTROL MARK "L1546010" HAVING AN ELEVATION OF 75.698. ALL SET CONTROL

WAS ELEVATED BY COMPLETING A CLOSED LOOP BENCH RUN FROM THE

ABOVEMENTIONED PRIMARY VERTICAL CONTROL POINTS. SAID BENCH RUN

CLOSURE IS ACCURATE TO A STANDARD OF 0.05' TIMES THE SQUARE ROOT OF

THE BENCHRUN DISTANCE IN MILES.

11. IMPROVEMENTS & TOPOGRAPHIC FEATURES SHOWN HEREON ARE LIMITED TO

AREAS PER SPECIFIC INSTRUCTIONS OF THE CLIENT.

12. SUBSURFACE UTILITIES DEPICTED HEREON ARE THE HORIZONTAL LOCATIONS

OF PAINT MARKS AND FLAGS PLACED BY SUBSURFACE UTILITY ENGINEERING

FIELD TECHNICIANS. THE MARKS WERE DETERMINED USING SURFACE

GEOPHYSICAL EQUIPMENT INCLUDING BUT NOT LIMITED TO GROUND

PENETRATING RADAR (GPR) AND/OR ELECTROMAGNETIC LOCATORS. UTILITY

CHARACTERISTICS, METHODS OF INSTALLATION, SOIL CONDITIONS AND THE

SURROUNDING ENVIRONMENT ALL MAY ADVERSELY IMPACT THE RESULTS OF ANY

UTILITY INVESTIGATION. FOR THESE REASONS THE LOCATIONS OF THE

SUBSURFACE UTILITIES SHOULD BE CONSIDERED APPROXIMATE UNLESS

CLEARLY EXPOSED AND VISUALLY VERIFIED AT SPECIFIC LOCATIONS. NO

GUARANTEE IS MADE THAT ALL UTILITIES WILL BE FOUND AND IDENTIFIED.

13. ALL SUBSURFACE UTILITY ENGINEERING WORK PERFORMED WAS DONE IN

ACCORDANCE WITH THE AMERICAN SOCIETY OF CIVIL ENGINEERS' (ASCE)

STANDARD GUIDELINE FOR THE COLLECTION AND DEPICTION OF EXISTING

SUBSURFACE UTILITY DATA (ASCE/CI 38-02). QUALITY LEVELS SHOWN IN THE

SURVEY ARE REFERENCED TO ASCE/CI 38-02.

14. THE SURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND UTILITIES

SHOWN REPRESENT ALL UTILITIES IN THE AREA, WHETHER IN SERVICE OR

ABANDONED, OR THAT THE UNDERGROUND UTILITIES ARE IN THE EXACT

LOCATION SHOWN, BUT DOES CERTIFY THAT THEY HAVE BEEN LOCATED AS

ACCURATELY AS POSSIBLE FROM AVAILABLE INFORMATION.

15. THE SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID

WITHOUT THE SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND

MAPPER.

16. ADDITIONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE

SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF

THE SIGNING PARTY OR PARTIES.

17. THE LAST DATE OF FIELD EFFORT WAS 05/21/2024.

18. WETLAND AREAS DEPICTED HEREON WERE FLAGGED OR MARKED BY OTHERS,

AND WERE FIELD LOCATED BY ECHO UES ON 05/20/2024.

PREPARED FOR:

SINGHOFEN & ASSOCIATES

SURVEYOR'S CERTIFICATION

P ro fessional Surveyor an d

M ap p e r

Lic ense Number

STATE OF

FLORIDA

ER

IC E. CAIN

I HEREBY CERTIFY THAT A SURVEY OF THE PROPERTY SHOWN HEREON WAS

MADE UNDER MY SUPERVISION AND THAT THE SURVEY MEETS THE STANDARDS

OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL

SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE,

PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES AND THAT THE

SKETCH HEREON IS A TRUE AND ACCURATE REPRESENTATION THEREOF TO THE

BEST OF MY KNOWLEDGE AND BELIEF, SUBJECT TO NOTES AND NOTATIONS

SHOWN.

THIS DOCUMENT HAS BEEN DIGITALLY

SIGNED AND SEALED BY:

ERIC E. CAIN

FLORIDA PROFESSIONAL SURVEYOR &

MAPPER LS 7131

PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND

SEALED. THE SIGNATURE MUST BE VERIFIED ON THE ELECTRONIC DOCUMENT.

N

EOI

SAN

WATER

SAN

WATER

= IRON ROD & CAP (AS NOTED)

= END OF INFORMATION

= GUY ANCHOR

= LIGHT POLE

= SANITARY MANHOLE

= WATER METER

= NAIL & DISC

= POWER POLE

= SEASONAL HIGH WATER MARK

= SIGN (SINGLE POLE SUPPORT)

= TREE (UNKNOWN)

= TREE (CYPRESS)

= TREE (OAK)

= TREE (PALM)

= VALVE COVER (SANITARY)

= VALVE COVER (WATER)

= WETLAND POINT

= WIRE PULL BOX

LEGEND & ABBREVIATIONS

BE(B)

W(B)

= BURIED ELECTRIC - EXISTING TYPE B

= BURIED SANITARY FORCE MAIN - EXISTING TYPE B

= BURIED WATER-EXISTING TYPE B

= OVERHEAD ELECTRIC - EXISTING

= FENCE LINE

OE

= CORRUGATED METAL PIPE

= POLYVINYL CHLORIDE PIPE OR CONDUIT

= REINFORCED CONCRETE PIPE

CMP

PVC

RCP

S(B)

REVISION COMMENTS BY DATEREVISION COMMENTS BY DATE

ECHO UES, INC.

CERTIFICATION OF AUTHORIZATION 8184

400 STATE ROAD 434, SUITE 1024

OVIEDO, FLORIDA 32765

888.778.ECHO | www.echoues.com

DATE:

PROJECT NUMBER:

OFFICE:

CHECKED:

SHEETSCALE

DRAWING:

TOPOGRAPHIC SURVEY

LAKESIDE DRIVE BRIDGE

REHABILITATION

SINGHOFEN & ASSOCIATES

24-156

SURVRD01

1"=20'

06/04/2024

CCH

EC

Appendix C: NWP Possibilities for Lakeside Drive Drainage Improvements

NWP possibilities for Lakeside Drive Drainage Improvements

43. Stormwater Management Facilities. Discharges of dredged or fill material into non-tidal waters of the United States for the construction of stormwater management facilities, including stormwater detention basins and retention basins and other stormwater management facilities; the construction of water control structures, outfall structures and emergency spillways; the construction of low impact development integrated management features such as bioretention facilities ( e.g., rain gardens), vegetated filter strips, grassed swales, and infiltration trenches; and the construction of pollutant reduction green infrastructure features designed to reduce inputs of sediments, nutrients, and other pollutants into waters, such as features needed to meet reduction targets established under Total Maximum Daily Loads set under the Clean Water Act.

This NWP authorizes, to the extent that a section 404 permit is required, discharges of dredged or fill material into non-tidal waters of the United States for the maintenance of stormwater management facilities, low impact development integrated management features, and pollutant reduction green infrastructure features. The maintenance of stormwater management facilities, low impact development integrated management features, and pollutant reduction green infrastructure features that are not waters of the United States does not require a section 404 permit.

The discharge must not cause the loss of greater than 1/2 -acre of non-tidal waters of the United States. This NWP does not authorize discharges of dredged or fill material into non-tidal wetlands adjacent to tidal waters. This NWP does not authorize discharges of dredged or fill material for the construction of new stormwater management facilities in perennial streams.

Notification: For discharges of dredged or fill material into non-tidal waters of the United States for the construction of new stormwater management facilities or pollutant reduction green infrastructure features, or the expansion of existing stormwater management facilities or pollutant reduction green infrastructure features, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity. (See general condition 32.) Maintenance activities do not require pre-construction notification if they are limited to restoring the original design capacities of the stormwater management facility or pollutant reduction green infrastructure feature. (Authority: Section 404)

58. Utility Line Activities for Water and Other Substances. Activities required for the construction, maintenance, repair, and removal of utility lines for water and other substances, excluding oil, natural gas, products derived from oil or natural gas, and electricity. Oil or natural gas pipeline activities or electric utility line and telecommunications activities may be authorized by NWPs 12 or 57, respectively. This NWP also authorizes associated utility line facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2 -acre of waters of the United States for each single and complete project.

Utility lines: This NWP authorizes discharges of dredged or fill material into waters of the United States and structures or work in navigable waters for crossings of those waters associated with the construction, maintenance, or repair of utility lines for water and other substances, including outfall and intake structures. There must be no change in pre-construction contours of waters of the United States. A “utility line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose that is not oil, natural gas, or petrochemicals. Examples of activities authorized by this NWP include utility lines that convey water, sewage, stormwater, wastewater, brine, irrigation water, and industrial products that are not petrochemicals. The term “utility line” does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area.

Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States ( e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody.

C. 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 or her 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.

https://www.federalregister.gov/select-citation/2021/01/13/33-CFR-330.1 https://www.federalregister.gov/select-citation/2021/01/13/33-CFR-330.5

13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been…