Nationwide Permit 14 Summary - Nebraska Department of Roads

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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
Endangered Species Act have been satisfiedand that the activity is authorized. Foractivities that may affect Federally-listedendangered or threatened species ordesignated critical habitat, the notification mustinclude the name(s) of the endangered orthreatened species that may be affected by theproposed work or that utilize the designatedcritical habitat that may be affected by theproposed work. As a result of formal orinformal consultation with the FWS or NMFS,the District Engineer may add species-specificregional endangered species conditions to theNWPs.(b) Authorization of an activity by a nationwidepermit does not authorize the ``take'' of athreatened or endangered species as definedunder the Federal Endangered Species Act. Inthe absence of separate authorization (e.g., anESA Section 10 Permit, a Biological Opinionwith "incidental take" provisions, etc.) from theU.S. Fish and Wildlife Service or the NationalMarine Fisheries Service, both lethal and nonlethal``takes'' of protected species are inviolation of the Endangered Species Act.Information on the location of threatened andendangered species and their critical habitatcan be obtained directly from the offices of theU.S. Fish and Wildlife Service and NationalMarine Fisheries Service or their world wideweb pages athttp://www.fws.gov/r9endspp/endspp.html andhttp://www.nfms.gov/prot__res/esahome.html,respectively.12. Historic Properties. No activity which may affecthistoric properties listed, or eligible for listing, inthe National Register of Historic Places isauthorized, until the District Engineer has compliedwith the provisions of 33 CFR part 325,Appendix C. The prospective permittee must notifythe District Engineer if the authorized activity mayaffect any historic properties listed, determined tobe eligible, or which the prospective permittee hasreason to believe may be eligible for listing on theNational Register of Historic Places, and shall notbegin the activity until notified by the DistrictEngineer that the requirements of the NationalHistoric Preservation Act have been satisfied andthat the activity is authorized. Information on thelocation and existence of historic resources can beobtained from the State Historic PreservationOffice and the National Register of Historic Places(see 33 CFR 330.4(g)). For activities that mayaffect historic properties listed in, or eligible forlisting in, the National Register of Historic Places,the notification must state which historic propertymay be affected by the proposed work or include avicinity map indicating the location of the historicproperty.13. Notification(a) Timing: Where required by the terms of theNWP, the prospective permittee must notifythe District Engineer with a preconstructionnotification (PCN) as early as possible. TheDistrict Engineer must determine if thenotification is complete within 30 days of thedate of receipt and can request additionalinformation necessary to make the PCNcomplete only once. However, if theprospective permittee does not provide all ofthe requested information, then the DistrictEngineer will notify the prospective permitteethat the notification is still incomplete and thePCN review process will not commence untilall of the requested information has beenreceived by the District Engineer. Theprospective permittee shall not begin theactivity:(1) Until notified in writing by the DistrictEngineer that the activity may proceedunder the NWP with any special conditionsimposed by the District or DivisionEngineer; or(2) If notified in writing by the District orDivision Engineer that an individual permitis required; or(3) Unless 45 days have passed from theDistrict Engineer's receipt of the completenotification and the prospective permitteehas not received written notice from theDistrict or Division Engineer.Subsequently, the permittee's right toproceed under the NWP may be modified,suspended, or revoked only in accordancewith procedure set forth in 33 CFR330.5(d)(2).(b) Contents of Notification: The notification mustbe in writing and include the followinginformation:(1) Name, address, and telephone numbers ofthe prospective permittee;(2) Location of the proposed project;(3) Brief description of the proposed project;the project's purpose; direct and indirect
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Nationwide Permit 14 Summary - Nebraska Department of Roads

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