Nationwide Permit 14 Summary - Nebraska Department of Roads

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adverse environmental effects the projectwould cause; any other NWP(s), regionalgeneral permit(s), or individual permit(s)used or intended to be used to authorizeany part of the proposed project or anyrelated activity. Sketches should beprovided when necessary to show that theactivity complies with the terms of theNWP (sketches usually clarify the projectand when provided result in a quickerdecision);(4) For NWPs 7, 12, 14, 18, 21, 34, 38, 39, 40,41, 42, and 43, the PCN must also includea delineation of affected special aquaticsites, including wetlands, vegetatedshallows (e.g., submerged aquaticvegetation, seagrass beds), and riffle andpool complexes (see paragraph 13(f));(5) For NWP 7 (Outfall Structures andMaintenance), the PCN must includeinformation regarding the original designcapacities and configurations of thoseareas of the facility where maintenancedredging or excavation is proposed;(6) For NWP 14 (Linear TransportationProjects), the PCN must include acompensatory mitigation proposal to offsetpermanent losses of waters of the U.S.and a statement describing how temporarylosses of waters of the U.S. will beminimized to the maximum extentpracticable;(7) For NWP 21 (Surface Coal MiningActivities), the PCN must include an Officeof Surface Mining (OSM) or state-approvedmitigation plan, if applicable. To beauthorized by this NWP, the DistrictEngineer must determine that the activitycomplies with the terms and conditions ofthe NWP and that the adverseenvironmental effects are minimal bothindividually and cumulatively and mustnotify the project sponsor of thisdetermination in writing;(8) For NWP 27 (Stream and WetlandRestoration Activities), the PCN mustinclude documentation of the priorcondition of the site that will be reverted bythe permittee;(9) For NWP 29 (Single-Family Housing), thePCN must also include:(i) Any past use of this NWP by theindividual permittee and/or thepermittee's spouse;(ii) A statement that the single-familyhousing activity is for a personalresidence of the permittee;(iii) A description of the entire parcel,including its size, and a delineation ofwetlands. For the purpose of thisNWP, parcels of land measuring 1/4acre or less will not require a formalon-site delineation. However, theapplicant shall provide an indication ofwhere the wetlands are and theamount of wetlands that exists on theproperty. For parcels greater than 1/4acre in size, a formal wetlanddelineation must be prepared inaccordance with the current methodrequired by the Corps. (See paragraph13(f));(iv) A written description of all land(including, if available, legaldescriptions) owned by theprospective permittee and/or theprospective permittee's spouse, withina one mile radius of the parcel, in anyform of ownership (including any landowned as a partner, corporation, jointtenant, co-tenant, or as a tenant-bythe-entirety)and any land on which apurchase and sale agreement or othercontract for sale or purchase has beenexecuted;(10) For NWP 31 (Maintenance of ExistingFlood Control Facilities), the prospectivepermittee must either notify the DistrictEngineer with a PCN prior to eachmaintenance activity or submit a five year(or less) maintenance plan. In addition,the PCN must include all of the following:(i)Sufficient baseline information so as toidentify the approved channel depthsand configurations and existingfacilities. Minor deviations areauthorized, provided the approvedflood control protection or drainage isnot increased;(ii) A delineation of any affected specialaquatic sites, including wetlands; and,
(iii) Location of the dredged materialdisposal site.(11)For NWP 33 (Temporary Construction,Access, and Dewatering), the PCN mustalso include a restoration plan ofreasonable measures to avoid andminimize adverse effects to aquaticresources;(12)For NWPs 39, 43, and 44, the PCN mustalso include a written statement to theDistrict Engineer explaining how avoidanceand minimization for losses of waters ofthe U.S. were achieved on the project site;(13)For NWP 39 and NWP 42, the PCN mustinclude a compensatory mitigationproposal that offsets unavoidable losses ofwaters of the United States or justificationexplaining why compensatory mitigationshould not be required. For dischargesthat cause the loss of greater than 300linear feet of an intermittent streambed, tobe authorized, the District Engineer mustdetermine that the activity complies withthe other terms and conditions of the NWP,determine adverse environmental effectsare minimal both individually andcumulatively, and waive the limitation onstream impacts in writing before thepermittee may proceed;(14)For NWP 40 (Agricultural Activities), thePCN must include a compensatorymitigation proposal to offset losses ofwaters of the United States. This NWPdoes not authorize the relocation of greaterthan 300 linear-feet of existing serviceabledrainage ditches constructed in non-tidalstreams unless, for drainage ditchesconstructed in intermittent non-tidalstreams, the District Engineer waives thiscriterion in writing, and the DistrictEngineer has determined that the projectcomplies with all terms and conditions ofthis NWP, and that any adverse impacts ofthe project on the aquatic environment areminimal, both individually and cumulatively;(15)For NWP 43 (Stormwater ManagementFacilities), the PCN must include, for theconstruction of new stormwatermanagement facilities, a maintenance plan(in accordance with State and localrequirements, if applicable) and acompensatory mitigation proposal to offsetlosses of waters of the United States. Fordischarges that cause the loss of greaterthan 300 linear feet of an intermittentstreambed, to be authorized, the DistrictEngineer must determine that the activitycomplies with the other terms andconditions of the NWP, determine adverseenvironmental effects are minimal bothindividually and cumulatively, and waivethe limitation on stream impacts in writingbefore the permittee may proceed;(16)For NWP 44 (Mining Activities), the PCNmust include a description of all waters ofthe United States adversely affected by theproject, a description of measures taken tominimize adverse effects to waters of theUnited States, a description of measurestaken to comply with the criteria of theNWP, and a reclamation plan (foraggregate mining activities in isolatedwaters and non-tidal wetlands adjacent toheadwaters and any hard rock/mineralmining activities);(17)For activities that may adversely affectFederally-listed endangered or threatenedspecies, the PCN must include thename(s) of those endangered orthreatened species that may be affected bythe proposed work or utilize the designatedcritical habitat that may be affected by theproposed work.(18)For activities that may affect historicproperties listed in, or eligible for listing in,the National Register of Historic Places,the PCN must state which historic propertymay be affected by the proposed work orinclude a vicinity map indicating thelocation of the historic property.(c) Form of Notification: The standard individualpermit application form (Form ENG 4345) maybe used as the notification but must clearlyindicate that it is a PCN and must include all ofthe information required in (b)(1)-(18) ofGeneral Condition 13. A letter containing therequisite information may also be used.(d) District Engineer's Decision: In reviewing thePCN for the proposed activity, the DistrictEngineer will determine whether the activityauthorized by the NWP will result in more thanminimal individual or cumulative adverseenvironmental effects or may be contrary tothe public interest. The prospective permittee
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Nationwide Permit 14 Summary - Nebraska Department of Roads

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