Nationwide Permit 14 Summary - Nebraska Department of Roads

to provide the Corps multiple copies ofnotifications to expedite agency notification.(f) Wetlands Delineations: Wetlands delineationsmust be prepared in accordance with thecurrent method required by the Corps. (ForNWP 29 see paragraph (b)(9)(iii) for parcelsless than 1/4-acre in size.) The permittee mayask the Corps to delineate the special aquaticsite. There may be some delay if the Corpsdoes the delineation. Furthermore, the 45-dayperiod will not start until the wetlanddelineation has been completed and submittedto the Corps, where appropriate.14. Compliance Certification. Every permittee whohas received a Nationwide permit verification fromthe Corps will submit a signed certificationregarding the completed work and any requiredmitigation. The certification will be forwarded bythe Corps with the authorization letter. Thecertification will include:(a) A statement that the authorized work was donein accordance with the Corps authorization,including any general or specific conditions;(b) A statement that any required mitigation wascompleted in accordance with the permitconditions;(c) The signature of the permittee certifying thecompletion of the work and mitigation.15. Use of Multiple Nationwide Permits. The use ofmore than one NWP for a single and completeproject is prohibited, except when the acreage lossof waters of the United States authorized by theNWPs does not exceed the acreage limit of theNWP with the highest specified acreage limit. Forexample, if a road crossing over tidal waters isconstructed under NWP 14, with associated bankstabilization authorized by NWP 13, the maximumacreage loss of waters of the United States for thetotal project cannot exceed 1/3 acre.16. Water Supply Intakes. No activity, includingstructures and work in navigable waters of theUnited States or discharges of dredged or fillmaterial, may occur in the proximity of a publicwater supply intake except where the activity is forrepair of the public water supply intake structuresor adjacent bank stabilization.17. Shellfish Beds. No activity, including structuresand work in navigable waters of the United Statesor discharges of dredged or fill material, may occurin areas of concentrated shellfish populations,unless the activity is directly related to a shellfishharvesting activity authorized by NWP 4.18. Suitable Material. No activity, including structuresand work in navigable waters of the United Statesor discharges of dredged or fill material, mayconsist of unsuitable material (e.g., trash, debris,car bodies, asphalt, etc.) and material used forconstruction or discharged must be free from toxicpollutants in toxic amounts (see Section 307 of theClean Water Act).19. Mitigation. The District Engineer will consider thefactors discussed below when determining theacceptability of appropriate and practicablemitigation necessary to offset adverse effects onthe aquatic environment that are more thanminimal.(a) The project must be designed and constructedto avoid and minimize adverse effects towaters of the United States to the maximumextent practicable at the project site (i.e., onsite).(b) Mitigation in all its forms (avoiding, minimizing,rectifying, reducing or compensating) will berequired to the extent necessary to ensure thatthe adverse effects to the aquatic environmentare minimal.(c) Compensatory mitigation at a minimum onefor-oneratio will be required for all wetlandimpacts requiring notification, unless theDistrict Engineer determines in writing thatsome other form of mitigation would be moreenvironmentally appropriate and provides aproject-specific waiver of this requirement.Consistent with National policy, the DistrictEngineer will establish a preference forrestoration of wetlands as compensatorymitigation, with preservation used only inexceptional circumstances.(d) Compensatory mitigation (i.e., replacement orsubstitution of aquatic resources for thoseimpacted) will not be used to increase theacreage losses allowed by the acreage limitsof some of the NWPs. For example, 1/4-acreof wetlands cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre lossassociated with NWP 39 verification.However, 1/2-acre of created wetlands can beused to reduce the impacts of a 1/2-acre lossof wetlands to the minimum impact level inorder to meet the minimal impact requirementassociated with NWPs.