Nationwide Permit 14 Summary - Nebraska Department of Roads

The following general conditions must be followed in orderfor any authorization by a NWP to be valid:General ConditionsPark Service, U.S. Forest Service, Bureau of LandManagement, U.S. Fish and Wildlife Service).1. Navigation. No activity may cause more than aminimal adverse effect on navigation.2. Proper Maintenance. Any structure or fillauthorized shall be properly maintained, includingmaintenance to ensure public safety.3. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controlsmust be used and maintained in effectiveoperating condition during construction, and allexposed soil and other fills, as well as any workbelow the ordinary high water mark or high tideline, must be permanently stabilized at the earliestpracticable date. Permittees are encouraged toperform work within waters of the United Statesduring periods of low-flow or no-flow.4. Aquatic Life Movements. No activity maysubstantially disrupt the necessary life-cyclemovements of those species of aquatic lifeindigenous to the waterbody, including thosespecies which normally migrate through the area,unless the activity's primary purpose is to impoundwater. Culverts placed in streams must beinstalled to maintain low flow conditions.5. Equipment. Heavy equipment working inwetlands must be placed on mats, or othermeasures must be taken to minimize soildisturbance.6. Regional and Case-By-Case Conditions. Theactivity must comply with any regional conditionswhich may have been added by the DivisionEngineer (see 33 CFR 330.4(e)) and with anycase specific conditions added by the Corps or bythe State or tribe in its Section 401 water qualitycertification.7. Wild and Scenic Rivers. No activity may occur ina component of the National Wild and Scenic RiverSystem; or in a river officially designated byCongress as a “study river'' for possible inclusionin the system, while the river is in an official studystatus; unless the appropriate Federal agency,with direct management responsibility for suchriver, has determined in writing that the proposedactivity will not adversely affect the Wild andScenic River designation, or study status.Information on Wild and Scenic Rivers may beobtained from the appropriate Federal landmanagement agency in the area (e.g., National8. Tribal Rights. No activity or its operation mayimpair reserved tribal rights, including, but notlimited to, reserved water rights and treaty fishingand hunting rights.9. Water Quality(a) In certain States and tribal lands an individual401 water quality certification must be obtainedor waived (See 33 CFR 330.4(c)).(b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43,and 44, where the State or tribal 401certification (either generically or individually)does not require or approve a water qualitymanagement plan, the permittee must includedesign criteria and techniques that will ensurethat the authorized work does not result inmore than minimal degradation of waterquality. An important component of a waterquality management plan includes stormwatermanagement that minimizes degradation of thedownstream aquatic system, including waterquality. Refer to General Condition 21 forstormwater management requirements.Another important component of a waterquality management plan is the establishmentand maintenance of vegetated buffers next toopen waters, including streams. Refer toGeneral Condition 19 for vegetated bufferrequirements for the NWPs.10. Coastal Zone Management. In certain states, anindividual state coastal zone managementconsistency concurrence must be obtained orwaived (see Section 330.4(d)).11. Endangered Species(a) No activity is authorized under any NWP whichis likely to jeopardize the continued existenceof a threatened or endangered species or aspecies proposed for such designation, asidentified under the Federal EndangeredSpecies Act, or which will destroy or adverselymodify the critical habitat of such species.Non-federal permittees shall notify the DistrictEngineer if any listed species or designatedcritical habitat might be affected or is in thevicinity of the project, or is located in thedesignated critical habitat and shall not beginwork on the activity until notified by the DistrictEngineer that the requirements of the