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HomeMy WebLinkAbout1.0 Application• • APPLICATION SPECIAL/CONDITIONAIL USE PERMIT Date: May 31, 1994 Rocky Mountain Natural Gas Company and Applicant: Public Service Company of Colorado Address of Applicant: P.O. Box 670, Glenwood Springs, CO 81602 Special/Conditional Use: One crossing of the Four Mile Creek Floodplain with a 12" steel natural gas pipeline. Legal Description: SWi of Section 34, Township 6 South, Range 89 West of the 6th P.M. Practical Description (location with respect to highways, county roads, and residences) : Along the overhead electric transmission line running at approximately a north/south direction through Chelyn Acres. Requirements: 1. Plans and specifications for proposed use (hours of operation, no. of vehicles/day, location and size of structures, etc.). 2. Existing'or proposed method of sewage, source of disposal and water. Road access and other information deemed necessary to explain proposed use. 3. A vicinity map drawn to scale depicting the subject property, location, and use of building and structures on adjacent lots. 4. An impact statement on the proposed use where required by Sections 5.03-5.03.12 of Zoning Regulations. 5. A copy of Assessor's map showing property; and a listing of all adjoining property owners of said property. ' 6. A base fee of $ 425.00 shall be charged for each' application and shall be submitted with the application, additional charges may be imposed if County review costs exceed the base fee. 7. Attach a copy of proof of ownership for your property (deed, title insurance). If public notice is required, notice provided by the Planning Department shall be sent out at least five (5) days prior to hearing by return -receipt mail to all the above noted adjoining property owners. Mailing is the applicant's responsibility and proof of mailing must be presented at the hearing. Additionally, the same notice shall be published one (1) time in the official County newspaper at least fifteen (15) days prior to such hearing date. Applicant shall bear the cost of publication and be responsible for presenting the "Proof of Publication" at the hearing. The above information is correct to the best of my knowledge. Appl nt James L oe May 31, 1994 Date • • EXHIBIT "A" TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. Section 34: SW' • 1 EXHIBIT "B" 1. Robert & Fay Armstrong 1215 Spruce Lockhart, TX 78644 2. Robert & Eula Johnson 0027 149 Road Glenwood Springs, CO 81601 c O tt n r m z F 0 0 00-00-120-562Z D 0 N w (0 01 w m (0 0 w N /v\ rn0, 0 cn 71 eiDO N -i •O N) n LIGH `239 5-032_04_006 County VIE w S U 6_ p I V MAY -25-1994 15:43 FROM RMNG-OPS TO 917632970 P.03 N 603.000 N1602,710 E 1486,130 — 6470 6'6° .�. . 6s I 43S.46A20 6460 ti %a..C. g Aaa N 604.000 812 N 603.526 E 1,486,416 CNEE1N ACNES 811 610 N 604,141 tN 604,182 E 1,486,905 E 1466,900 811 4i 010 N 604,096 3 38"`—N. 604,132 E 1,487,110 E 1,40718 / l g420 64OgS.0 6162. 809 N 604,322 _ E 1,466,902 N 605,000 633p 61/0 63r 632p 5 806 N 8 [ 1, 61 613 N 602,490 6 1,486,830 I I ♦4 ea�I #0 / ' 1141/ k \kms Oa '•t� Z4 It 6340 6 6 70' 612 N 603,289 6 1,487,141 :BNRNiMT 5U1804v45041 811 M 604,167 E 1,467,195 811 N 1104,095 [ 1,487,461 810 N 604,039 E 1,487,23 504 N 604.227 E 1,467,513 3 54 -i-55 810 44 604,174 E 1;461,494 • K N INTERSTATE GAS TRANSMISSION CO. A SUBSIDIARY OF arlifERGII May 25, 1994 Mr. James L. Krohe Right -of -Way Tech. Rocky Mountain Natural Gas Company P.O. Box 670 Glenwood Springs, CO 81602 Re: Special Use Permit - Garfield County Chelyn Acres Area - Four Mile Creek Dear Jim: K N Interstate Gas Transmission Company 370 Van Gordon Street P.O. Box 281304 Lakewood, CO 80228-8304 (303) 989-1740 Per your request, I have reviewed your proposed gas line installation in the vicinity of Chelyn Acres. This analysis is based on the understanding that the pipeline will cross Four Mile Creek, that you have obtained a Nation Wide Permit from the Army Corps of Engineers for the work and that the pipeline will not result in any above grade auxiliary structures of any kind. Attached hereto is a map of the floodplain in the vicinity of the pipeline crossing. Clearly, in order for the pipeline to be installed under Four Mile Creek, it will go through the flood plain area. Due to the requirement that the pipeline right -of -way be reclaimed after installation to the original elevations and contours, in my evaluation there will be no permanent impact to the flood plain of any kind. Therefore, this encroachment will not result in any increase in flood levels during the occurrence of the base flood discharge. In order to meet or exceed the performance standards specified in the County Land Use Code under Section 6.09.02(3) I am recommending that 1,800 Ib. bolt on concrete river weights will be installed on the pipeline at 26 ft. intervals in the affected area. Please see attached Engineering Specifications for bolt on river weights from Allen Edwards, Inc., Table III.23 for 0.312" wall, 12.75" O.D. coated pipe. Also, all pipe installed across the creek must have a minimum earth cover depth of 48". In summary, it is my opinion that this activity will not result in any adverse impacts to the floodplain on Four Mile Creek in the area of construction. The scope of the project appears to be within the permissible regulation and uses specified in the Land Use Code. I trust that the above is sufficient for review by the Garfield County Staff. I would be available to provide additional information or to further clarify the information above should that be required. Please feel free to call me or have the Garfield County Staff call me directly as needed. Sincerely, Colorado P.E. # 23218 Chris Conley Senior Engineer Attachments MAY -25-1994 15:43 FRORMNG—OPS 11 603.000 313 N 602,710 E 1,486,130 684 .0 6 4 —6470 _OTO 9176329701 P.03 N 603.000 H 604,000 9/2 8 603,529 6 1,486,416 CHELY111 ACRES 811 •010 14 604,141 81 604,182 E 1,486,903\ E 1,406,908 4 33 811 _I... 910 11 604,066 3' 311-"---4( 604,132 E 1,481,110 E 1,407,111 5420 41 400390 ".• ./11: • a —'4101s — 7 60 sji .••••-1.1 63312 • ro • o r o- • ! • . •i". 1.,7 - •-• . . . _'--.• — . ......—ar" 8 ' %-'-''''..• ,--- a •, 2: '2,9. • - PI% *Mr . ilet.7".." ,,-a-d ---,...---• IP MM.— 909 er---- ilk .....--", .... _ • .06 - - . 1 , ...-- • " 6D4'21,5211 —i,,_, E148 3 ,.. .....le- .---.. Er ,,0 r.,": . I • ..t, , - ... _., .... - z ,. Ar ,.....,..,, „v., 6.,.° \ .,, SL1130tV1SOM 63 - -- • '-'- 61 S70NE 104,4,5,11.61973 acts 804,322 "••• E 1,486,902 13 63. '30 1906 N 6 1, 4 913 N 602,490 6 1,486,630 912 V/ 603.289 1,487,149 J 9,1 N 604,093 1,487,481 8,0 /1604,839 1,497,23 3 34 74.39 810 *I 604,114 E 1,46f,494 14131 81 80e M 60! E 1,41 III. Engineering Specifications 2. Bolt On Concrete River Weights Dimensions For Allan Edwards Bolt On Concrete River Weights Use this phantom view (Fig. III.2) for a typical Allan Edwards Bolt On Concrete River Weight to help determine dimensions for correct trenching. Notice the steel reinforcing bars which give Bolt On Weights additional structural integ- rity. Use this drawing as a dimension refer - Fig. 111.2 ence drawing. Each weight has a minimum compressive strength of 3000 psi at 28 days. Actual dimensions are available upon request. Contact Allan Edwards, Inc. for complete information. Ma elwa/1 . £w. 2505 South 33rd West Avenue P.O. Box 9457 Tulsa, OK 74157 918/583-7184 © 1984 Allan Edwards, Inc. III. Engineering Specifications 2. Bolt On Concrete River Weights Table III.22 103/4" (27.31 cm) O.D. COMPOSITE COATED PIPE (2.57#/FOOT FOR 3/32" THICKNESS) SPECIFIC GRAVITY OF SURROUNDING MUD PIPE AE WT. NO.LBS. AIR WT. 1.00 1.05 1.10 1.15 1.20 1.25 1.30 1.35 1.40 1.45 1.50 1.60 1.70 1.80 1.90 12.00 SUGGESTED SPACING (CENTER TO CENTER)"' For Rewmmended Negati.e Buoyancy. Read SP. GR. A"o Columns to Rift .188" wall 10x10 830 27 23 20 17 15 14 12 11 9 8 7 6 4 - - - 21.15 #/pipe 10x12 1040 34 29 25 22 19 17 15 13 12 10 9 7 6 4 - - 2.57 #/coating 10x16 1520 - - - 32 28 25 22 19 17 15 14 11 8 6 4 - .219" wall 24.60 #/ft. 10x10 10x12 830 1040 34 - 28 35 24 30 21 26 18 22 15 19 14 17 . 12 15 10 13 9 12 8 10 6 8 5 6 4 < ` 4 33.38 #/ft. 1430 10x16 1520 - - - - 33 28 25 22 19 17 15 11 9 7 T 5 . 12x18 1800 - - (46) (37) 26 23 20 18 16 14 - 12 9 7 5 ". 4 4 .281" wall 12x12 .250" wad 10x10 830 '35 35 30 25 21 18 16 14 12 10 9 7 5 4 - - 28.04 #/ft. 10x12 1040 - - - 31 27 23 20 17 15 13 11 9 7 5 - - 1800 10x16 1520 - - - - - 33 29 25 22 19 17 13 10 7 5 - (43) ^ (66) (49) (38) .312" wall 12x12 .281" wall 10x10 830 35 35 35 31 26 21 18 16 13 12 10 8 6 5 41.51 #/ft. 12x16 31.42 #/ft. 10x12 1040 - - - - 32 27 23 20 17 15 13 10 7 6 4 - 12x18 1800 10x16 1520 - - - - - . - 33 29 25 21 18 14 10 9 5 (63) (45) (135) (82) (56) (43) .344" wall 12x12 .312" wall 10x10 830 35 35 35 35 34 27 22 19 16 14 12 9 6 5 - - 34.78 #/ft. 10x12 1040 - - - - - - 28 24 20 17 15 11 8 6 4 - 1800 10x16 1520 - - - - - - - 34 29 25 21 16 12 8 6 4 (122) (71) . (49) (221) (103) (66) (48) (36) .375" wall 12x12 .344" wall 10x10 830 "NA 35 35 35 35 35 29 23 19 16 14 10 7 5 49.56 #/ft. 12x16 38.20 #/ft. 10x12 1040 - - - - - - - 29 24 20 17 12 9 6 12x18 1800 10x16 1520 - - - - - - - - 35 29 25 18 13 9 (224) (93) (234) (106) (67) (47) .438" wall 12x12 .365" wall 10x10 830 NR NR 35 35 35 35 35 28 22 18 15 11 8 5 4 - 40.48 #/ft. 10x12 1040 - - - - - - - 35 28 23 19 14 10 7 5 - 1800 10x16 1520 - - - - - - - - - 34 28 20 14 10 7 4 Table 111.23 123/4" (32.39 cm) O.D. COMPOSITE COATED PIPE (3.04#/FOOT FOR 3/32" THICKNESS) SPECIFIC GRAVITY OF SURROUNDING MUD PIPE AE WT. NO. AIR WT (LBS.)SUGGESTED 1.00 1.05 1.10 1.15 1.20 1.25 1.30 1.35 1.40 1.45 1.50 1.60 1.70 1.80_-1.90; 2.00 SPACING (CENTER TO CENTER)"` Far Rsoommended Negative euoyercy. Reed SP. GR. Two Columns to Right .219" wall 12x12 970 22 19 16 14 12 11 10 9 8 7 6 5 4 - - - 29.28 #/pipe 12x16 1430 32 28 24 21 18 16 14 13 11 10 9 7 5 4 - - 3.04 #/coating 12x18 1800 - 35 30 26 23 20 18 16 14 13 11 9 7 5 4 - .250" wall 12x12 970 26 22 19 16 14 12 11 10 8 7 7 5 4 -r-• 33.38 #/ft. 12x16 1430 - 32 28 24 21 18 16 14 12 11 10 8 6 4 - 12x18 1800 - - 35 30 26 23 20 18 16 14 - 12 9 7 5 ". 4 4 .281" wall 12x12 970 32 26 22 19 16 14 12 11 9 8 7 5 4 - - - 37.45 #/ft. 12x16 1430 - - 33 28 24 20 18 16 14 12 11 8 6 5 - - 12x18 1800 - - - 35 30 26 22 20 17 15 13 10 8 6 4 - (43) ^ .312" wall 12x12 970 35 34 . 27 22 19 16 14 12 10 9 8 6 4 - ;1 41.51 #/ft. 12x16 1430 - - - 33 28 24 20 18 15 13 12 9 12x18 1800 - - - - 35 : 30 26 22 19 17 15 11 8 6 : (63) (45) .344" wall 12x12 970 35 35 35 28 23 19 16 14 12 10 9 7 5 4 - - 45.55 #/ft. 12x16 1430 - - - - 33 28 24 20 17 15 13 10 7 5 4 - 12x18 1800 - - - - - 35 30 25 22 19 16 12 9 7 5 - (122) (71) . (49) (36) .375" wall 12x12 970 35 35 . 35 35 29 23 19 16 13 11 10 ; 7 . 5 41 49.56 #/ft. 12x16 1430 - - - . - - 34 - 28 23 20 17 14 11 8 6A, 4 - 12x18 1800 - - - - - - 35 29 25-- 21 18 13" 10 (224) (93) (57) (40) .438" wall 12x12 970 NR NR 35 35 35 35 30 23 19 15 13 9 6 5 - - 57.53 #/ft. 12x16 1430 - - - - - - - 35 28 23 19 13 10 7 5 - 12x18 1800 - - - - - - - - 35 29 24 17 12 8 6 4 e See Footnotes on Back of Page. Mu itkua/rd•3. mac. 2505 South 33rd West Avenue P.O. Box 9457 Tulsa, OK 74157 918/583-7184 O 1984 Allan Edwards, Inc. REPLY TO ATTENTION OF e • DEPARTMENT OF THE ARMX U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 February 14, 1994 Regulatory Section (199475024) Mr. James R. Phillips K N Interstate Gas Transmission Company Post Office Box 281304 Lakewood, Colorado 80228-8304 Dear Mr. Phillips: I am responding to your request for a Department of the Army permit to discharge fill material into waters of the United States in conjunction with the installation of a 12 inch diameter natural gas pipeline from Rifle to Avon in western Colorado. The project start point is located in Section 13, Township 6 South, Range 94 West in Garfield County, and ends in Section 10, Township 5 South, Range 82 West in Eagle County, Colorado. The proposed route of the project will cross 21 perennial streams, and 75 intermittent streams. Both the Colorado River and the Roaring Fork River will be crossed by the pipe. A number of wetlands will also be crossed; it is estimated that less than one acre of wetlands will actually be impacted, and that none will be destroyed. The pipeline installation will be accomplished in two phases, one in 1994, the other a year later. The Chief of Engineers has issued nationwide general permit number 12 which authorizes the discharge of dredged and fill material in waters of the United States for utility line backfill and bedding. Your project can be constructed under this authority provided the work meets the terms and conditions listed on the enclosed information sheet, the conditions listed in attachment 3 of your application submittal, and the special conditions listed below. SPECIAL CONDITIONS: 1. Whenever possible, stream crossings will be accomplished by utilizing existing disturbed streambeds and streambanks. • 2. Streambanks and streambeds will be returned to original contours and the cuts will be stabilized with materials similar to what existed prior to the cut. Streambank stability is a major concern, and areas which are currently most disturbed shall be selected for crossings. Restoration of such areas shall be enhanced to insure physical stability. 3. Crossing of running streams which have naturally reproducing brown trout or rainbow trout populations will be restricted to those periods during which construction effects will minimize the impact on the natural propagation and survivability of those species. Determination of the restricted periods will be performed by the Colorado Division of Wildlife. You will coordinate with the Colorado Division of Wildlife to obtain the required information. A copy of the restricted periods for the permittee's crossings will be provided to the Corps of Engineers immediately after receipt. 4. Allconstruction personnel shall be informed of the general and special conditions related to crossing of any waters of the United States for this project, including information about the penalties, both civil and criminal, related to violations of the Clean Water Act. 5. Excess material from excavations in waters of the United States will be disposed of in an upland site, and drainage waters from such disposal shall be free of silt before entering a water of the United States. 6. Storage of construction materials or parking of equipment in waters of the United States is prohibited. 7. Ditch breaks or plugs of impermeable material may be required to be provided by the permittee in certain wetland crossings to prevent pipeline excavation from permanently draining wetlands. No net loss of wetlands will be incurred due to this project. 8. Corps of Engineers personnel shall be notified at least two weeks prior to crossing of perennial streams, so that a coordinated site visit may be made with the permittee to discuss crossing procedures, locations, and stabilization methods. This verification will be valid for a period of two years from the date of this letter unless the nationwide general permit is modified, suspended, or revoked. You should contact this office if work will extend beyond this date. 2. • • We assigned number 199475024 to your project. Please refer to this number in any correspondence with this office. If you have any questions, please contact Nick Mezei of this office at (303) 243-1199. Sinerely(;' 7 Enclosure L. McNure Chie , Western Colorado Regulatory •ffice 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copies Furnished: Dr. Gene Reetz, U.S. Environmental Protection Agency, 8WM-WQ, 999 18th Street, Suite 500, Denver, Colorado 80202-2466 Mr. Paul von Guerard, Subdistrict Chief, U.S. Geological Survey, 402 Rood Avenue, Room 223, Grand Junction, Colorado 81502 3. • • Attachment 3 Stream Crossings, Wetlands, and Fisheries 1. Where the right-of-way crosses streams and other bodies of water, the banks will be stabilized to prevent erosion. Appropriate construction techniques will be used to minimize damage to shorelines, recreational areas, and fish and wildlife habitat. Techniques to be used include those identified in the COE Nationwide Permit stipu- lations. Other techniques requested by the controlling jurisdictions may also be used. 2. During construction near streams or lakes, sedimentation (detention) basins, straw bales, or fabric filters may be constructed to prevent suspended sediments from reaching downstream watercourses or lakes. 3. Dry streams will be crossed by trenching. Small flowing streams will be crossed by fluming or trenching with a downstream silt barrier to reduce downstream sedimenta- tion. 4. Disturbance to riparian vegetation and wetlands will be minimized by keeping clearing and installation to as narrow a disturbance as possible. Approaches to streams will involve selective clearing of vegetation. Willows and cottonwoods cleared during construction will be reestablished as part of reclamation. Additional specific measures are identified in the stipulations to the COE Nationwide Permit. 5. If work is required in willow/shrub type wetlands, the small trees and shrubs will be trimmed to ground line in areas where equipment will be working. This will minimize the damage to the vegetation. 6. To minimize impacts to wetlands, only equipment needed to dig the trench, install the pipeline, backfill the trench, and reclaim the right-of-way will be allowed to work in the area, unless a suitable route is unavailable for personnel movement. 7. Where standing water or saturated soils exist, equipment will operate off timber pads, prefabricated equipment pads. or geotextile fabric overlain with gravel fill when necessary for construction. After construction, all pads will be removed. 8. The first 12 inches of topsoil from wetlands will be salvaged and redistributed over the trench as quickly as possible following installation of the pipeline. The seeds, roots, rhi- zomes, tubers, and bulbs present in the topsoil will enhance and help speed up reclamation of wetlands disturbed by construction. 9. Where necessary, waterbars or sediment filters, such as staked straw bales or silt fences, will be constructed adjacent to the crossings to reduce potential sedimentation in streams or wetlands. 10. The crossing of the Colorado River will be constructed as quickly as possible during low flow. The pipeline for the crossing will be assembled and tested on a staging area near the river before the trench is dug. Immediately after the trackhoes have opened the trench, the pipeline will be installed and the trench backfilled. 11. In streams with flow, material excavated from the trench will be spread out and piled irregularly to avoid damming the flow. • • NATIONWIDE PERMITS: 1. Aids to Navigation. The placement of aids to navigation and regulatory markers which are approved by and installed in Jrdance with the requirements of the U.S. Coast Guard. (See 33 CFR Part 66, Chapter 1, Subchapter C). (Section 10) 2. Structures in Artificial Canals. Structures constructed in artificial canals within principally residential developments where the connection of the canal to a navigable water of the United States has been previously authorized (see 33 CFR 322.5(9)). (Section 10) 3. Maintenance. The repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or fitted area including those due to changes in a aterials,construction techni¢xs, or current construction codes or safety standards which are necessary to make repair, rehabilitation, or replacement are permitted, provided the environmental impacts resulting from such repair, rehabilitation, or replacement are minimal. Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. This nationwide permit authorizes the repair, rehabilitation, or replacement of those structures destroyed by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced or under contract to commence within two years of the date of their destruction or damage. in cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the District Engineer, provided the permittee can demonstrate fun ding,contract,or other similar delays. Maintenance dredging and beach restoration are not authorized by this nationwide permit. (Sections 10 and 404) 4. Fish and Wldlife Harvesting, Enhancement, and Attraction Devices and Activities. Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eelpots, lobster traps, duck blinds, clam and oyster digging; and small fish attraction devices such as open water fish concentrators (sea kites, etc). This nationwide permit authorizes shellfish seeding provided this activity does not occur in wetlands or vegetated shallows. This nationwide permit does not authorize artificial reefs or impotrdrnents and semi -impoundments of waters of the United States for the culture or holding of motile species such as lobster. (Sections 10 and 404) 5. Scientific Measurement Devices. Staff gages, tide gages, water recording devices, water quality testing and improvement devices and similar structures. Small weirs and flumes constructed primarily to record water quantity and velocity are also authorized provided the discharge is limited to 25 cubic yards and further for discharges of 10 to 25 cubic yards provided the permittee notifies the district engineer in accordance with 'Notification' general condition. (Sections 10 and 401.) 6. Survey Activities. Survey activities including core sampling, seismic exploratory operations, and plugging of seismic shot holes and other exploratory -type bore holes. Drilling and the discharge of excavated material from test wells for oil and t 'xptorition is not authorized by this nationwide permit; the plugging of such wefts is authorized. Fill placed for roads, and other similar activities is not authorized by this nationwide permit. The discharge of drilling muds and cuttings may ``.nine a permit under Section 402 of the Clean Water Act. (Sections 10 and 404) 7. Outten:Structures. Activities related to construction of outfall structures and associated intake structures `here the effluent from the outfall is authorized, conditionally authorized, or specifically exempted, or are otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System program (Section 402 of the Clean Water Act),provided that the nationwide permittee notifies the district engineer in accordance with the 'Notification" general condition. (Also see 33 CFR 330.1(e)). intake structures per se are not included only those directly associated with an outfall structure. (Sections 10 and 404) 8. Oil and Gas Structures. Structures for the exploration,production, and transportation of oil, gas, and minerals on the outer continental shelf within areas teased for such purposes by the Department of the Interior, Minerals Management Service. Such structures shall not be placed within the limits of any designated shipping safety fairway or traffic separation scheme, except temporary anchors that comply with the fairway regulations in 33CFR 322.5(1). (Where such limits have not been designated, or where changes are anticipated, district engineers vitt consider asserting discretionary authority in accordance with 33 CFR 330.4(e) and will also review such proposals to ensure they comply with the provisions of the fairway regulations in 33 CFR 322.5(1). Such structures wilt not be placed in established danger zones or restricted areas as designated if 33 CFR Part 334: nor will such structures be permitted in EPA or Corps designated dredged material disposal areas. (Section 10) 9. Structures in Fleeting and Anchorage Areas. Structures, buoys, floats, and other devices placed within anchorage or fleeting areas to facilitate moorage of vessels where such areas have been established for that purpose by the U.S. Coast Guard. (Section 10) 10. Mooring Buoys. Mon -commercial, single -boat, mooring buoys. (Section 10) 11. Temporary Recreational Structures. Temporary buoys, markers, small floating docks, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use provided that such structures are removed within 30 days after use has been discontinued. At Corps of Engineers reservoirs, the reservoir manager aunt approve each buoy or marker individually. (Section 10) . • 12. Utility Lina Backfill and Bedding. Discharges of material for backfill or bedding for utility lines, including outfall and =stake structures, provided there is no change in preconstruction contours. A "utility line" is defined as any pipe or pipeline - the transportation of any gaseous, liquid, liquefiable, or slurry substance, for any purpose and any cable,line, or wire for .e transmission for any purpose of electrical energy, telephone and telegraph messages, and radio and television communication. The term "utility line" does not include activities which drain a water of the United States, such as drainage tile, however, it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast (up to three months) into waters of the United States provided that the material is not placed in such sumer that it is dispersed by currents or other forces. The DE may extend the period of temporary side -casting up to 180 days, where appropriate. The area of waters of the United States that is disturbed must be limited to the minimum necessary to construct the utility lire. In wetlands, the top 6" to 12" of the trench should generally be backfilled with topsoil from the trench. Excess material must be removed to upland areas immediately upon completion of construction. Any exposed slopes and streambanks must be stabilized immediately upon completion of the utility line. The utility line itself will require a Section 10 permit if in navigable waters of the United States. (See 33 CFR Part 322). (Section 404) 13. Bank Stabilization. dank stabilization activities necessary for erosion prevention provided: a. No material is placed in excess of the minimus needed for erosion protection; b. The bank stabilization activity is less than 500 feet in length; c. The activity will not exceed an ge of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide tine; d. No material is placed in any special aquatic site,including wetlands; e. No material is of the type or is placed in any location or in any manner so as to impair surface water flow into or out of any wetland area; f. No material is placed if a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, g . The activity is part of a single and complete project. tank stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard per turning foot may be authorized if the permittee notifies the district engineer in accordance with the "Notification" general condition and the district engineer determines the activity complies with the other teras and conditions of the nationwide permit and the adverse environmental impacts are minimal both individually and cumulatively. (Sections 10 and 404) 14. Road Crossing. Fills for roads crossing waters of the United States (including wetlands and other special aquatic :es) provided: • . The width of the fill is limited to the minimum necessary for the actual crossing; b. The fill placed in waters of the United States is limited to a filled area of no more than 1/3 acre. furthermore,no more than • total of 200 linear feet of the fill for the roadway can occur in special aquatic sites, Including wetlands; c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, expected high flows and tidal flows, and to prevent the restriction of low flows and the movement of aquatic organises; d. The crossing, including all attendant features, both temporary and permanent, is part of a single and complete project for crossing of • water of the United States; and, e. For fills in special aquatic sites, including wetlands, the permittee notifies the district engineer in accordance with the "Notification" general condition. The notification must also include a definition of affected special aquatic sites, including wetlands. Some road fills may be eligible for an exemption from the need for Section 404 permit altogether (see 33 CFR 323.4). Also,where local circumstances indicate the need, district engineers will define the term "expected high flows" for the purpose of establishing applicability of this nationwide permit. (Sections 10 and 404) 15. U.S. Coast Guard Approved Bridges. Discharges of dredged or fill material incidental to the construction of bridges across navigable waters of the United States, including cofferdaars,abutments, foundation seals, piers, and temporary construction and access fills provided such discharges have been authorized by the U.S. Coast Guard as part of the bridge permit. Causeways and approach fills are not included in this nationwide permit and will require an individual or regional Section 404 permit. ( Section 404) 11. Return WatarFrom Upland Contained Disposal Areas. Return water from an upland, contained dredged material disposal area. The dredging itself requires a Section 10 permit if located in navigable waters of the United States. The return water from a contained disposal area is administratively defined as a discharge of dredged material by 33 CFR 323.2(d) even though the disposal itself occurs on the upland and thus does not require e Section 404 permit. This nationwide permit satisfies the technical requirement for a Section 404 permit for the return water where the quality of the return water is controlled by the state through the Section 401 certification procedures. (Section 404) 17. Hydropower Projects. Discharges of dredged or fill anterial associated with (a) small hydropower projects at existing .ervoirs where the project, which includes the fill is licensed by the Federal Energy Regulatory Commission (FERC) under the federal Power Act of 1920, es amended; and has a total generating capacity of not more than 5000 KW; and the permittee notifies the district engineer in accordance with the 'Notification" general condition; or (b) hydropower projects for which the FERC has granted an exemption from licensing pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.0 i 2705 and 2708) and Section 30 of the Federal Power Act, as amended; provided the permittee notifies the district engineer in accordance with the "Notification' general condition. (Section 404) 18. Miner Discharges. Minor dischar111110 dredged or fill material into all waters 1111re United States provided: a. The discharge does not exceed 25 cubic yards; b. The discharge will not cause the loss of more than 1/10 acre of s special aquatic site, including wetlands. For the purposes of this nationwide permit, the acreage limitation includes the filled area plus special aquatic sites that are adversely affected by flooding and special aquatic sites that are drained so that they would no longer be a water of the United .tes as a result of the project; c. If the discharge exceeds 10 cubic yards or the discharge is in a special aquatic site, including wetlands, the permittee notifies the district engineer in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification gust also include a delineation of affected special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and d. The discharge, including all attendant features, both temporary and permanent, is part of a single and complete project and is not placed for the purpose of stream diversion. (Sections 10 and 404) 19. Minor Dredging. Dredging of no more than 25 cubic yards below the plane of the ordinary high water mark or the mean high water nark from navigable waters of the United States as part of a single and complete project. This nationwide permit does not authorize the dredging or degradation through siltation of coral reefs, submerged aquatic vegetation, anadromous fish spawning areas, or wetlands or, the correction of canals or other artificial waterways to navigable waters of the United States (see Section 33 CFR 322.5(g)). (Section 10) 20. Oil Spill Cleanup. Activities required for the containment and cleanup of oil and hazardous substances which are subject to the National Oil and Hazardous Substances Pollution Contingency Plan, (40 CFR Part 300), provided that the work is done in accordance with the Spill Control and Countermeasure Plan required by 41) CFR 112.3 and any existing State contingency plan and provided that the Regional Response Team (if one exists in the area) concurs with the proposed containment and cleanup action. (Sections 10 and 404) 21. Surface Coal Mining Activities. Activities associated with surface coat mining activities provided they are authorized by the Department of the interior, Office of Surface Mining, or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977 and provided the permittee notifies the district engineer in accordance with the"Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification mast also include a delineation of affected special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)). (Sections 10 and 404) 22. Remove! of Vessels. Temporary structures or minor discharges of dredged or fill material required for the removal of wrecked, abandoned, or disabled vessels, or the removal of man-made obstructions to navigation. This nationwide permit doe! not authorize the removal of vessels listed or determined eligible for listing on the National Register of Historic Places unless the district engineer is notified and indicates that there is compliance with the "Historic Properties" general condition. This nationwide permit does not authorize maintenance dredging, shoal removal, or river bank snagging. Vessel disposal in waters of the United States may need a permit from EPA (see 40 CFR 229.3). (Sections 10 and 404) 23. Approved Categorical Exclusions. Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole n part, by another Federal agency or department where that agency or department has determined, pursuant to the Council on ironoentat Quality Regulation for Implementing the Procedural Provisions of the National Envirormmental Policy Act (40 CFR Part 1500 et seq.), that the activity, work, or discharge is categorically excluded from environmental documentation because it is included within a category of actions which neither individually nor cumulatively have • significant effect on the human environment, and the Office of the Chief of Engineers (ATTN: CECV-OR) has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Prior to approval for purposes of this nationwide permit of any agency's categorical exclusions, the Chief of Engineers will solicit public comment. In addressing these comments, the Chief of Engineers may require certain conditions for authorization of an agency's categorical exclusions under this nationwide permit. (Sections 10 and 404) 24. State Administered Section 404 Program. Any activity permitted by a state administering its own Section 404 permit program pursuant to 33 U.S.C. 1344(g)-(1) is permitted pursuant to Section 10 of the Rivers and Narbors Act of 1899. Those activities which do not involve a Section 404 state permit are not included in this nationwide permit, but certain structures will be exempted by Sec. 154 of PL 94-587, 90 Stat. 2917 (33 U.S.C. 591) (see 33 CFR 322.3(a)(2)). (Section 10) 25. Structural Discharge. Discharges of material such as concrete, sand, rock, etc. into tightly sealed forms or cells where the material wall be used as a structural meter for standard pile supported structures, such as piers and docks; and for linear projects, such as bridges transmission line footings, and walkways. The NNP does not authorize filled structural members that would support buildings, homes, parking areas, storage areas and other such structures. Nousepads or other building pads are also not included in this nationwide permit. The structure itself may require a Section 10 permit if located in navigable waters of the United States. (Section 404) 26. Headwater and Isolated Waters Discharges. Discharges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the loss of more than 10 acres of waters of the United States; b. The permittee notifies the district engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the "Notification" general condition. For discharges in special aquatic sites, including wetlands the notification must also include a delineation of affected special aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and c. The discharge, including all attendant features, both temporary and permanent, is part of • single and complete project. For the purposes of this nationwide permit, the acreage of loss of waters of the United States includes the filled.area p'•'s waters of the United States that are adversely affected by flooding, excavation or drainage as a result of the project. en -acre and one -acre limits of NVG 26 are absolute, and cannot be increased by any mitigation plan offered by the applicant equired by the DE. Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984, a notification pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to exceed one (1) acre. Any discharge in any real estate • 1 subdivis'on which would cause the aggregate total loss of waters of the United States in the subdivision to exceed ten (10) acres i� not authorized by this nationwide permit; unless the DE exempts a particular subdivision or parcel by making a written rmination that: (1) the individual and cumulative adverse environmental effects would be minimal and the property owner had, r October 5, 1964, but prior to January 21, 1992, committed substantial resources in reliance on NWP 26 with regard to a subdivision, in circumstances where it would be inequitable to frustrate his investment -backed expectations or (2) that the individual and cumulative adverse environmental effects would be minimal high quality wetlands would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, subsequent lot development by individual property owners may proceed using MNP 26. For purposes of NUP 26, the term "real estate subdivision" shalt be interpreted to include circumstances where a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other real estate subdivision, including all parcels and parts thereof. (Section 404) 27. Wetland and Riparian Restoration and Creation Activities. Activities in waters of the United States associated with the restoration of altered and degraded non -tidal wetlands and creation of wetlands on private lands in accordance with the terse: and conditions of a binding wetland restoration or creation agreement between the landowner and the U.S. Fish and Wildlife Service (USFWS) or the Soil Conservation Service (SCS); or activities associated with the restoration of altered and degraded non -tidal wetlands, riparian areas and creation of wettands and riparian areas on U.S. Forest Service and Bureau of Land Management lards, Federal surplus lands (e.g., military lards proposed for disposal),Farmers Nome Administration inventory properties, and Resolution Trust Corporation inventory properties that are under Federal control prior to being transferred to the private sector. Such activities include, but are not limited to: Installation and maintenance of small water control structures, dikes, and berms; backfilling of existing drainage ditches; removal of existing drainage structures; construction of small nesting islands; and other related activities. This nationwide permit applies to restoration projects that serve the purpose of restoring "natural" wetland hydrology, vegetation, and function to altered and degraded non -tidal wetlands and "natural" functions of riparian areas. For agreement restoration and creation projects only, this nationwide permit also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its prior condition and use (i.e., prior to restoration under the agreement)within five years after expiration of the limited term wetland restoration or creation agreement, even if the discharge occurs after this nationwide permit expires. The prior condition will be documented in the original agreement, and the determination of return to prior conditions will be made by the Federal agency executing the agreement. Once an area is reverted back to its prior physical condition, it will be subject to whatever the Corps regulatory requirements will be at that future date. This nationwide permit does not authorize the conversion of natural wetlands to another aquatic use, such as creation of waterfowl impouadrnents where a forested wetland previously existed. (Sections 10 and 404) 28. Modifications of Existing Marinas. Reconfigurations of existing docking facilities within an authorized marina area. No dredging, additional slips or dock spaces, or expansion of any kind within waters of the United States are authorized by this nationwide permit. (Section 10) 29. RESERVED 30. RESERVED 31. RESERVED 32. Completed Enforcement Actions. Any structure, work or discharge of dredged or fill material undertaken in accordance with, or remaining in place in compliance with, the teras of • final Federal court decision, consent decree, or settlement agreement in an enforcement action brought by the United States under Section 404 of the Clean Yater Act and/or Section 10 of the Rivers and Harbors Act of 1899. (Sections 10 and 404) 33. Temporary Construction, Access and Dewatering. Temporary structures and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites; provided the associated permanent activity was previously authorized by the Corps of Engineers or the U.S. Coast Guard, or for bridge construction activities not object to Federal regulation. Appropriate measures eat be taken to maintain near normal downstream flows and to minimize flooding,. Fill must be of materials and placed in a earner that will not be eroded by expected high flows. Temporary fill must be entirely removed to upland areas following completion of the construction activity and the affected areas restored to the pre -project conditions. Cofferdams cannot be used to dewater wetlands or other aquatic areas so as to change their use. Structures left in place after cofferdams are removed require a Section 10 permit if located in navigable waters of the United States. (See 33 CFR Part 322). The permittee asst notify the district engineer in accordance with the "Notification" general condition. The notification must also include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources. The district engineer will add special conditions, where necessary, to ensure that adverse environmental impacts are minimal. Such conditions may include: limiting the temporary work to the minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative construction methods (e.g. construction mats in wetlands where practicable). This nationwide permit does not authorize temporary structures or fill associated with mining activities or the construction of marina basins which have not been authorized by the Corps. (Sections 10 and 404) 34. CRANBERRY PRODUCTION ACTIVITIES: Discharges of dredged or fill material for dikes, bermes, pumps, water control structures or leveling of cranberry beds associated with expa sion,enhancement,or modification activities at existing cranberry production operations provided: a. The cumulative total acreage of disturbance per cranberry production operation, including but not limited to, filling, flooding, ditching, or clearing, does not exceed 10 acres of waters of the United States, including wetlands; b. The permittee notifies the District Engineer in accordance with the notification procedures; and c. The activity does not result in a net loss of wetland acreage. This nationwide permit does not authorize any o. ,rarge of dredged or fill material related to other cranberry production activities such as warehouses, processing facilities, or parking areas. For the purposes of this nationwide permit, the cumulative total of 10 acres will be measured over the period that this nationwide permit is valid. (Section 404) 35. Maintenance Dredging of Existing Basins. Excavation and removal of accumulated sediment for maintenance of existing marina basins, canals, and boat slips to previously authorized depths or controlling depths for ingress/egress whichever is less provided the dredged material is disposed of at an upland site and proper siltation controls are used. (Section 10) 36. Boat Ramps. Activities required for the construction of boat ramps provided: a. The discharge into waters of the United States does not exceed 50 cubic yards of concrete, rock, crushed stone or gravel into forms, or placement of pre -cast concrete planks or slabs. (Unsuitable material that causes unacceptable chemical pollution or is structurally unstable is not authorized); b. The boat ramp does not exceed 20 feet in width; c. The base material is crushed stone, gravel or other suitable material; d. The excavation is limited to the area necessary for site preparation and all excavated material is removed to the upland; and e. No material is placed in special aquatic sites, including wetlands. Dredging to provide access to the boat rasp may be authorized by another NWP, regional general permit, or individual permit pursuant to Section 10 if located in navigable waters of the United States. (Sections 10 and 404) 37. Emergency Watershed Protection and RehabwTkation. Work done by or funded by the Soil Conservation Service qualifying as an "exigency" situation (requiring immediate action) under its Emergency Watershed Protection Program (7 CFR Part 624) and work done or funded by the Forest Service order its Burred -Area Emergency Rehabilitation Handbook (FSK 509.13) provided the district engineer is notified in accordance with the notification general condition. (Also see 33 CFR 330.1(e)). (Sections 10 and 404) 38. Cleanup of Hazardous and Toxic Waste. Specific activities required to effect the containment stabilization or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with established legal or regulatory authority provided the permittee notifies the district engineer in accordance with the `Notification" general condition. For discharges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands. Court ordered remedial action plans or related settlements are also authorized by this nationwide permit. This nationwide permit does not authorize the establishment of new disposal sites or the expansion of existing sites used for the disposal of hazardous or toxic waste. (Sections 10 and 404) 39. RESERVED 40. Farm euddings. Discharges of dredged or fill material into jurisdictional wetlands (but not including prairie potholes, playa lakes, or vernal pools) that were in agricultural crop production prior to December 23, 1985 (1.e., farmed wetlands) for foundations and building pads for buildings or agricultural related structures necessary for farming activities. The discharge will be limited to the minimum necessary but will in no case exceed 1 acre (see the "minimization" Section 404 only condition). (Section 404) C. NATIONWIDE PERMIT CONDITIONS Ok AL CONDITIONS: The following general auditions must be followed in order for any authorization by • nationwide permit to be valid: 1. Navigation. No activity my cause more than a minimal adverse effect on navigation. 2. Proper maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and s►Ttation controls. Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills must be permanently stabilized at the earliest practicable date. 4. Aquatic He movements. No activity may substantially disrupt the movement of those species of aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the activity's primary purpose is to impound water. S. Equipment. Heavy equipment working in wetlands mist be placed wants or other measures must be taken to minimize soil disturbance. O. Regional and case-by-case conditions. The activity must comply with any regional conditions which may have been added by the division engineer (see 33 CFR 330.4(e)) and any case specific conditions added by the Corps. 7. Wild and Scenic Rivers. Yo activity may occur in a component of the Rational Wild and Scenic River System; or in a river officially designated by Congress as • •study rivers, for possible inclusion In the system, while the river is in an official study status. Information on Wild and Scenic Rivers may be obtained from the National Park Service and the U.S. Forest Service. 9. Tribal rights. No activity or its operation may impair reserved tribal rights, Including, but not limited to reserved water .fights and treaty fishing and hunting rights. 9. Water quality certification. In certain states, an individual state water quality certification must be obtained or waived (see 33 CFR 330.4(c)). "n. Coastal zone management. in certain states, an individual state coastal zone management consistency concurrence must e fined or waived. (see 33 CFR 130.4(d)). • • 11. Endangered Species. No activity is authorized under any kWP which is likely to jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species ' or which is likely to destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify )istrict engineer if any listed species or critical habitat might be affected or is in the vicinity of the project and shall begin work on the activity until notified by the district engineer that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. Information on the location of threatened and endangered species and their critical habitat can be obtained from the U.S. Fish and Wildlife Service and National Marine Fisheries Service. (see 33 CFR 330.4(f)) 12. Historic properties. No activity which may affect Historic properties listed, or eligible for listing, in the National Register of Historic Places is authorized, until the DE has complied with the provisions of 33 CFR 325, Appendix C. The prospective permittee must notify the district engineer if the authorized activity may affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). 13. Notification. (a) Where required by the terms of the MNP the prospective permittee must notify the District Engineer as early as possible and shall not begin the activity: (1) Until notified by the District Engineer that the activity may proceed under the WVP with any special conditions imposed by the district or division engineer; or (2) If notified by the District or Division engineer that an individual permit is required; or (3) Unless 30 days have passed from the District Engineer's receipt of the notification and the prospective permittee has not received notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the MVP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) The notification must be in writing and include the following information and any required fees: (1) Mame, address and telephone number of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project the project's purpose; direct and indirect adverse environmental effects the ,ct would cause; any other MWP(s), regional general permit(s) or individual permit(s) used or intended to be used to a. .,orize any part of the proposed project or any related activity; (4) (Mere required by the teras of the INP, a delineation of affected special aquatic sites, including wetlands; and (5) A statement that the prospective permittee has contacted: (i) The USFVS/NMFS regarding the presence of any Federally listed (or proposed for listing) endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project; and any available information provided by those agencies. (The prospective permittee may contact Corps District Offices i:.r. USFWS/MMFS agency contacts and lists of critical habitat.) (ii) The SHPO regarding the presence of any historic properties in the permit area that may be affected by the proposed project; and the available information, if any, provided by that agency. (c) The standard individual permit application form (Form ENG 4345) may be used as the notification but oust clearly indicate that it is a POW and must include all of the information required in (b)(1)-(5) of General Condition 13. (d) In reviewing an activity under the notification procedure,the District Engineer will first determine whether the activity will result in more than minimal individual or cumulative adverse environmental effects or will be contrary to the public interest. The prospective permittee may, at his option, submit a proposed mitigation plan with the predischarge notification to expedite the process and the District Engineer will consider any optional mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed work are minimal. The District Engineer will consider any comments from Federal and State agencies concerning the proposed activity's compliance with the terms and conditions of the nationwide permits and the need for mitigation to reduce the project's adverse environmental effects to a minimal level. The district engineer will upon receipt of a notification provide immediately (e.g. facsimile transmission, overnight mail or other expeditious manner) a copy to the appropriate offices of the Fish and Wildlife Service, State natural resource or water quality agency, EPA, and, if appropriate, the National Marine Fisheries Service. With the exception of MVP 37, these agencies will then have 5 calendar days from the date the material is transmitted to telephone the District Engineer if they intend to provide substantive, site-specific comments. If so contacted by an agency,the District Eng,neer will wait an additional 10 calendar days before making a decision on the notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. If the District Engineer determines that the activity complies with the terms and conditions of the MVP and that the adverse ^ts are minimal, he will notify the permittee and include any conditions he deems necessary. if the District Engineer mines that the adverse effects of the proposed work are more than minimal, then he wit( notify the applicant either: (1) t•..., the project does not qualify for authorization under the MVP and instruct the applicant on the procedures to seek authorization under an individual permit; or (2) that the project is authorized under the nationwide permit subject to the applicant's submitting a mitigation proposal that would reduce the adverse effects to the minimal level. This mitigation proposal must be approved by the District Engineer prior to commencing work. If the prospective permittee elects to submit a mitigation plan, the DE will expeditiously review the proposed mitigation plan, but will not commence a second 30 -day notification p'ocedur'. if the net adverse effects of the project (with the mitigation proposal)are determined by the District Engineer to • 1 be minimal, the Dist-ict Engineer will provide a timely written response to the applicant informing him that the project can proceed under the terms and conditions of the nationwide permit. (e). Wetlands Delineations: Wetland delineations .vst be prepared in accordance with the current method required by the Corps. the permittee may ask the Corps to delineate the special aquatic site. There may be sane delay if the Corps does the delineation. rthermore, the 30 -day period will not start until the wetland delineation has been completed. (f) Mitigation: Factors that the District Engineer will consider when determining the acceptability of appropriate and practicable mitigation include, but are not limited to: (1) To be practicable the mitigation net be available and capable of being done considering costs existing technology, and logistics in light of overall project purposes; (2) To the extent appropriate, permittees should consider mitigation banking and other forms of mitigation including contributions to wetland trust funds which contribute to the restoration, creation, replacement, enhancement, or preservation of wetlands. Furthermore, examples of mitigation that may be appropriate and practicable include but are not limited to: reducing the size of the project: establishing buffer zones to protect aquatic resource values; and replacing the loss of aquatic resource values by creating, restoring, and enhancing similar functions and values. In addition, mitigation aunt address impacts and carrot be used to offset the acreage of wetland losses that would occur in order to meet the acreage limits of some of the nationwide permits (e.g. 5 acres of wetlands cannot be created to change a 6 acre loss of wetlands to a 1 acre loss; however, the 5 created acres can be used to reduce the impacts of the 6 acre loss). SECTION 404 ONLY CONDITiONS: If addition to the General Conditions, the following conditions apply only to activities that involve the discharge of dredged or fill material and must be followed in order for authorization by the nationwide permits to be valid: 1. Water supply intakes. No discharge of dredged or fill arterial may occur in the proximity of a public water supply intake except where the discharge is for repair of the public water supply intake structures or adjacent bank stabilization. 2. Shellfish production. No discharge of dredged or fill material may occur in areas of concentrated shellfish production, unless the discharge is directly related to a shellfish harvesting activity authorized by nationwide permit 4. 3. Suitable material. No discharge of dredged or fill material may consist of unsuitable material (e.g., trash, debris,car bodies, etc.) and material discharged mat be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 4. M Mitigation. Discharges of dredged or fill material into waters of the United States 'rust be minimized or avoided to the maximum extent practicable at the project site (i.e. on-site),unless the DE has approved • compensation mitigation plan for the specific regulated activity. 5. Spawning areas. Discharges in spawning areas during spawning seasons asst be avoided to the maximum extent acticable. O. Obstruction of high Denys. To the maximum extent practicable, discharges aunt not permanently restrict or im4,ede the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters). 7. Adverse impacts from impoundments. If the discharge creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable. O. Waterfowl breeding areas. Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. O. Removal of temporaryfuss. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. Regional Condition for the State of Colorado: The following condition is added to the Section 404 Only Conditions, number 3. Suitable Materiel: Unsuitable materials also include bituminous concrete (asphalt). ROCKY MOUNTAIN NATURAL GAS COMPANY AA SO&SIOIAFY OF OF YEN May 31, 1994 • • Mark L. Bean, Director Planning Department Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Special Use Permit Application ROW94:150 Dear Mr. Bean: Rocky Mountain Natural Gas Company 401 27th Street P.O. Box 670 Glenwood Springs, CO 81602-0670 (303) 945-8617 11 11. MAY 3 1 1994 il d GARFIELD COUNTY Rocky Mountain Natural Gas Company and Public Service Company of Colorado are applying for a Special Use Permit for a pipeline crossing of the floodplain of Four Mile Creek. The following documentation is enclosed herewith: Application form - Exhibit A (property description) - Exhibit B (names and addresses of property owners) - Copy of Assessor's map with the crossing location shown - Floodplain map with creek crossing location circled - Letter from a Professional Engineer - Copy of Corps of Engineers permit - Draft for $425.00 application fee The creek crossing is expected to take place on or about July 11, 1994. The pipeline will be placed to a minimum depth of 48" below the creek bottom. Installation will be accomplished by trenching through the creek and then replacing all excavated material back into the trench. All original contours will be replaced to preconstruction conditions. No buildings or foundations will be constructed as a part of this creek crossing. All portions of the crossing will be buried and thus no impacts are expected to the floodplain due to the pipeline burial beneath Four Mile Creek. All conditions of the attached letter from Chris Conley, a professional engineer, will be adhered to as well as the above statements. • • May 31, 1994. Mark L. Bean Page Two Please contact me at the address or phone listed above if you have any questions. Sincerely, James L. Krone Right -of -Way Technician JLK/ Enclosures ROCKY MOUNTAIN NATURAL GAS COMPANY A SUBSIDIARY OF 0710 • February 20, 1995 Y' FEB 2'11995 c Dave Michaelson Garfield County Planning Dept. Suite 303 109 8th Street Glenwood Springs, CO 81601 Re: Resolution 94-092 - Floodplain Special Use Permit for. Fourmile Creek ROW95:028 Dear Dave: Rocky Mountain Natural Gas Company 401 27th Street P.O. Box 670 Glenwood Springs, CO 81602-0670 (303) 945-8617 Per specific condition number two of the above-named resolution, please find enclosed a map that addresses this condition. Please issue the final SUP for this resolution. Thanks for your help. Please contact me at the address or phone listed above if you have any questions. Sincerely, James L. Krone Right -of -Way Technician JLK/ Enclosures pc: Chris Conley, P.E., Lakewood, Engineering - w/o attachments • GARFIELD COUNTY BUILDING AND PLANNING June 8, 1994 James L. Krohe Right -of --Way Technician Rocky Mountain Natural Gas Company P.O. Box 670 Glenwood Springs, CO 81602-0670 RE: Floodplain Special Use Permit Dear Jim: Your request for a Floodplain Special Use Permit, identified on the enclosed public notice form, has been scheduled for a public hearing before the Board of County Commissioners on July 11, 1994 at 3:00 PM, in the Commissioner's Meeting Room, Suite 301, Garfield County Courthouse, 109 8th Street, Glenwood Springs, Colorado. It is suggested that you be present at the hearing. A copy of the enclosed public notice must be submitted to a newspaper of general circulation, for publication one time at least 15 days prior to the hearing. You should contact the newspaper directly regarding obtaining the proof of publication and billing. In addition, copies of' the public notice form must be mailed by certified return -receipt to all adjacent property owners no less than 15 days prior to the hearing. The proof of publication from the newspaper of general circulation and return -receipt from the mailings must be submitted by the applicant at, or prior to, the public hearing. Please feel free to call if you have further questions regarding your application or the public hearing. Sin�er�ely, Dave Michaelson Planner DHM/sa Enclosures 109 8TH STREET, SUITE 303 • 945-8212/625-5571/285-7972 • GLENWOOD SPRINGS, COLORADO 81601