Nationwide Permit 14 Summary - Nebraska Department of Roads

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(e) To be practicable, the mitigation must beavailable and capable of being doneconsidering costs, existing technology, andlogistics in light of the overall project purpose.Examples of mitigation that may beappropriate and practicable include, but arenot limited to: reducing the size of the project;establishing and maintaining wetland or uplandvegetated buffers to protect open waters suchas streams; and replacing losses of aquaticresource functions and values by creating,restoring, enhancing, or preserving similarfunctions and values, preferably in the samewatershed.(f) Compensatory mitigation plans for projects inor near streams or other open waters willnormally include a requirement for theestablishment, maintenance, and legalprotection (e.g., easements, deed restrictions)of vegetated buffers to open waters. In manycases, vegetated buffers will be the onlycompensatory mitigation required. Vegetatedbuffers should consist of native species. Thewidth of the vegetated buffers required willaddress documented water quality or aquatichabitat loss concerns. Normally, the vegetatedbuffer will be 25 to 50 feet wide on each side ofthe stream, but the District Engineer mayrequire slightly wider vegetated buffers toaddress documented water quality or habitatloss concerns. Where both wetlands and openwaters exist on the project site, the Corps willdetermine the appropriate compensatorymitigation (e.g., stream buffers or wetlandscompensation) based on what is best for theaquatic environment on a watershed basis. Incases where vegetated buffers are determinedto be the most appropriate form ofcompensatory mitigation, the District Engineermay waive or reduce the requirement toprovide wetland compensatory mitigation forwetland impacts.(g) Compensatory mitigation proposals submittedwith the notification may be either conceptualor detailed. If conceptual plans are approvedunder the verification, then the Corps willcondition the verification to require detailedplans be submitted and approved by the Corpsprior to construction of the authorized activityin waters of the United States.(h) Permittees may propose the use of mitigationbanks, in-lieu fee arrangements or separateactivity-specific compensatory mitigation. In allcases that require compensatory mitigation,the mitigation provisions will specify the partyresponsible for accomplishing and/orcomplying with the mitigation plan.20. Spawning Areas. Activities, including structuresand work in navigable waters of the United Statesor discharges of dredged or fill material, inspawning areas during spawning seasons must beavoided to the maximum extent practicable.Activities that result in the physical destruction(e.g., excavate, fill, or smother downstream bysubstantial turbidity) of an important spawningarea are not authorized.21. Management of Water Flows. To the maximumextent practicable, the activity must be designed tomaintain preconstruction downstream flowconditions (e.g., location, capacity, and flow rates).Furthermore, the activity must not permanentlyrestrict or impede the passage of normal orexpected high flows (unless the primary purpose ofthe fill is to impound waters) and the structure ordischarge of dredged or fill material must withstandexpected high flows. The activity must, to themaximum extent practicable, provide for retainingexcess flows from the site, provide for maintainingsurface flow rates from the site similar topreconstruction conditions, and provide for notincreasing water flows from the project site,relocating water, or redirecting water flow beyondpreconstruction conditions. Stream channelizationwill be reduced to the minimal amount necessary,and the activity must, to the maximum extentpracticable, reduce adverse effects such asflooding or erosion downstream and upstream ofthe project site, unless the activity is part of alarger system designed to manage water flows. Inmost cases, it will not be a requirement to conductdetailed studies and monitoring of water flow.This condition is only applicable to projects thathave the potential to affect water flows. Whileappropriate measures must be taken, it is notnecessary to conduct detailed studies to identifysuch measures or require monitoring to ensuretheir effectiveness. Normally, the Corps will deferto state and local authorities regardingmanagement of water flow.22. Adverse Effects from Impoundments. If theactivity creates an impoundment of water, adverseeffects to the aquatic system due to theacceleration of the passage of water, and/or therestriction of its flow, shall be minimized to themaximum extent practicable. This includesstructures and work in navigable waters of the
United States, or discharges of dredged or fillmaterial.23. Waterfowl Breeding Areas. Activities, includingstructures and work in navigable waters of theUnited States or discharges of dredged or fillmaterial, into breeding areas for migratorywaterfowl must be avoided to the maximum extentpracticable.24. Removal of Temporary Fills. Any temporary fillsmust be removed in their entirety and the affectedareas returned to their preexisting elevation.25. Designated Critical Resource Waters. Criticalresource waters include, NOAA-designated marinesanctuaries, National Estuarine ResearchReserves, National Wild and Scenic Rivers, criticalhabitat for Federally listed threatened andendangered species, coral reefs, State naturalheritage sites, and outstanding national resourcewaters or other waters officially designated by aState as having particular environmental orecological significance and identified by the DistrictEngineer after notice and opportunity for publiccomment. The District Engineer may alsodesignate additional critical resource waters afternotice and opportunity for comment.(a) Except as noted below, discharges of dredgedor fill material into waters of the United Statesare not authorized by NWPs 7, 12, 14, 16, 17,21, 29, 31, 35, 39, 40, 42, 43, and 44 for anyactivity within, or directly affecting, criticalresource waters, including wetlands adjacentto such waters. Discharges of dredged or fillmaterials into waters of the United States maybe authorized by the above NWPs in NationalWild and Scenic Rivers if the activity complieswith General Condition 7. Further, suchdischarges may be authorized in designatedcritical habitat for Federally listed threatened orendangered species if the activity complieswith General Condition 11 and the U.S. Fishand Wildlife Service or the National MarineFisheries Service has concurred in adetermination of compliance with thiscondition.impacts to the critical resource waters will beno more than minimal.26. Fills Within 100-Year Floodplains. For purposesof this general condition, 100-year floodplains willbe identified through the Federal EmergencyManagement Agency's (FEMA) Flood InsuranceRate Maps or FEMA-approved local floodplainmaps.(a) Discharges in Floodplain; Below Headwaters:Discharges of dredged or fill material intowaters of the United States within the mapped100-year floodplain, below headwaters (i.e.five cfs), resulting in permanent above-gradefills, are not authorized by NWPs 39, 40, 42,43 and 44.(b) Discharges in Floodway; Above Headwaters:Discharges of dredged or fill material intowaters of the United States within the FEMA orlocally mapped floodway, resulting inpermanent above-grade fills, are notauthorized by NWPs 39, 40, 42, and 44.(c) The permittee must comply with any applicableFEMA-approved state or local floodplainmanagement requirements.27. Construction Period. For activities that have notbeen verified by the Corps and the project wascommenced or under contract to commence by theexpiration date of the NWP (or modification orrevocation date), the work must be completedwithin 12 months after such date (including anymodification that affects the project).For activities that have been verified and theproject was commenced or under contract tocommence within the verification period, the workmust be completed by the date determined by theCorps.For projects that have been verified by the Corps,an extension of a Corps approved completion datemay be requested. This request must be submittedat least one month before the previously approvedcompletion date.(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25,27, 28, 30, 33, 34, 36, 37, and 38, notificationis required in accordance with GeneralCondition 13, for any activity proposed in thedesignated critical resource waters includingwetlands adjacent to those waters. The DistrictEngineer may authorize activities under theseNWPs only after he determines that the
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Nationwide Permit 14 Summary - Nebraska Department of Roads

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