HomeMy WebLinkAboutLAKE HILL ACRES #6 BLK B LT 5Onsite File
LAKE HILL ACRES #6
Lot 5
PIS# 051-122-46
MUNICIPALITY OF ANCHORAGE
On -Site Water & Wastewater Program
PO Box 196650 4700 Elmore Road
Anchorage, Alaska 99519-6650 Phone: (907) 343-7904 Fax: (907) 343-7997
hftp://www.muni.org/onsite
On -Site Wastewater Disposal System Permit
Permit Number: OSP241120
Work Type: Septic Initial
Tax Code Number: 05112246000
Site Legal Address: LAKE HILL ACRES #6 BLK B LT 5 G:1562
Site Mailing Address:
Owner: BALDWIN ANDREW
Design Engineer: NORTH RIM ENGINEERING
This permit is for the construction of:
Effective Date
Expiration Date:
Lot Size in Sq Ft
Total Bedrooms:
Department
9/12/2024
9/12/2025
42106
Z Disposal Field 0 Septic Tank ❑ Holding Tank ❑ Privy ❑ Private Well ❑ Water Storage
All construction shall be in accordance with:
1. The attached approved design.
2. All requirements specified in Anchorage Municipal code Chapters 15.55 and 15.65 and the State of Alaska
Wastewater Disposal Regulations (18AAC72) and Drinking Water Regulations (18AAC80)
3. The wastewater code requires inspections during the installation. The engineer shall notify the Development
Services Department per AMC 15.65. Provide notification by calling (907) 343-7904 (24/7).
4. From October 15 to April 15, a subsurface soil absorption system under construction during freezing weather
shall be either:
a. Opened and Closed on the same day, or
b. Covered, sealed, and heated to prevent freezing
Special Provisions:
1. At time of construction confirm that there is consistent layer of GM material to act as receiving soil.
4
Received By: 5 L ic- fL L9' Date:
Issued By: Date: 2-r j,i
MUNICIPALITY OF ANCHORAGE
Development Services Department k f Phone: 907-343-7904
On -Site Water & Wastewater Section Fax: 907-343-7997
ON -SITE SEPTIC/WELL PERMIT APPLICATION
Parcel I.D. 05112246000
Property owner(s) BALDWIN ANDREW
Mailing address 22 UNKNOWN ST
Site address 22 UNKNOWN ST
Day phone 441-0106
Legal description (Sub'd., Block & Lot) LAKE HILL ACRES #6 BLK B LT 5
Legal description (Township, Range & Section)
Lot Size 42,106 Sq. Ft. Number of Bedrooms 4
APPLICATION IS FOR:
APPLICATION IS AN:
TYPE OF DWELLING:
(Z all that apply)
Absorption Field
FT]
Initial Fx]
Single Family (SF) 0
(w/wo AD U)
Septic Tank
RX
Upgrade R
Duplex (D) El
Holding Tank
El Renewal
Multiple Dwellings E]
Privy
❑
(SF and/or D)
Private Well
❑
Water Storage
El
THIS APPLICATION INCLUDES A WAIVER REQUEST FOR:
Distance:
I certify that the above information is correct. I further certify that this is in accordance with
applicable Municipal Codes.
(Signature of property owner or authorized agent)
Permit/Rush Fees: 5 9 > Waiver Fees:
Date of Payment: 21 Zy Date of Payment:
Receipt Number:
Permit No. U 5 (" Z t-( (( Z �)
Receipt Number:
Waiver No.
GAIDevelopment Services\Building Safety\On Site Water and WastewaterTormsUient FormsTermit Application.doc
Municipality of Anchorage
On-site Water and Wastewater
REVIEWED FOR CODE COMPLIANCE
OSP241120, Curtis Townsend, 09/12/24
Municipality of Anchorage
On-site Water and Wastewater
REVIEWED FOR CODE COMPLIANCE
OSP241120, Curtis Townsend, 09/12/24
SteveEng.com Lake Hill Acres #6 Block B L5
SPECIFICATIONS & DESIGN GUIDELINES
Wastewater System Sizing: This is a newly developing lot, planned for a 4-bedroom,
single family home. A design is submitted for a new trench & new Category III Advantex
w/Lift Station. The neighboring lots are mostly vacant.; this upgrade will not impact
neighbor lots. Groundwater was recently monitored @ 3 depth. A 5 - wide trench will be
built up from the surface, mound style. The owner owns Lot 4 directly north, with the
water well planned for use. A Category III application rate of 6 GPD/FT². Trench Length
= 100 FT²/5 = 20 . No bedrock was encountered, but silt requires a raised field.
Advanced system allows 2 separation to groundwater and 4 to silt soil.
Specification Requirements: All components and work must comply with the
Municipality of Anchorage Specifications (AMC) & State of Alaska Drinking Water
Regulations and Wastewater Regulations.
Connect New Raised Trench To Advantex/Lift Station, steel, anti-floatation.
Watertight couplings, inlet & outlet. 1500 gallons w/ 1 AX-20 pod.
5 minimum between the tank and trench. 10 to property lines.
3 of cover is required for trench or add insulation board.
Solid pipe must be set on well compacted, stable soil
4 of cover or insulation is required for tank; an equivalent of 1 insulation for 1 foot
soil cover. Tank & solid pipe must be set on well compacted, stable soil.
4 diameter cleanouts with airtight caps are required 1 to 4 from foundation wall,
prior to any 90 degree bend in 4 inch line, in each tank compartment, and two
adjacent opposing cleanouts between the tank and the absorption field, not more than
10 from the tank positioned to provide cleanout access towards the tank and towards
the absorption field.
All cleanouts must extend to at least ground level.
In solid pipe runs, ASTM D-3034 may be used in lieu of cast iron.
Trench to be placed level, minimum of 2 to groundwater, 4 to silt.
Drain rock to be ½ inch to 2 inch screened. Drain rock to be distributed uniformly.
Force main to be 1.25 Schedule 40 PVC or equal.
Distribution pipe to be 1.25 Schedule 40 PVC w/ 1/8 orifice @ 18 on-center.
Silt barrier (filter fabric) to be installed above the drain rock
Smeared trench sides must be raked or scarified before drain rock placement
Approved pipe materials include cast iron, PVC ASTM D3034, PVC ASTM F789,
ABS ASTM D2661, PVC Schedule 40.
Sewer Service Line is minimum 2% slope
Septic Tank to be pumped every two years or when required
Insulation board shall be extruded direct burial polystyrene (Dow Styrofm HI/equal)
Municipality of Anchorage
On-site Water and Wastewater
REVIEWED FOR CODE COMPLIANCE
OSP241120, Curtis Townsend, 09/12/24
Municipality of Anchorage
On-site Water and Wastewater
REVIEWED FOR CODE COMPLIANCE
OSP241120, Curtis Townsend, 09/12/24
A
2024- 023943 -0
S Recording District 301 Anchorage CC
K
10:53 AM Page 1 of 2
1111191'IIIIiiIIIIII�VII161VIIIINIVV�IIIViIIII�IIVIII�II
Water Well and Driveway Easements
These two Easements are hereby granted by Andrew Baldwin (GRANTOR), the owner of Lot
4 Block B Lake Hill Acres Subdivision Sixth Addition (Plat 71-60 Anchorage Recording District)
for the benefit of the GRANTEE — the current and subsequent owners of Lot 5 Block B Lake
Hill Acres Subdivision Sixth Addition (Plat 71-60 Anchorage Recording District),
The 10 foot wide Water Well Easement is granted to provide for the construction, operation,
and maintenance of a water well and service line on Lot 4 for the benefit of Lot 5.
The 15 foot wide Driveway Easement is granted to provide for access across Lot 4 to Lot 5.
LEGAL DESCRIPTIONS
Portions of Lot 4 Block B Lake Hill Acres Subdivision Sixth Addition (Plat 71-60 Anchorage
Recording District) within Section 2, Township 15 North, Range 1 West, Seward Meridian,
Alaska. These two easements are more particularly described on the attached EXHIBIT A.
GRANTOR SIGNATURE
Andrew Baldwin
19986 S. Birchwood Loop Rd
Chugiak, Alaska 99567
NOTARY ACKNOWLEDGEMENT
This is to certify that on this �y day of 2024, before me the
undersigned, a Notary Public in and for Alaska, pefrsonally appeared%�c1Yc�t1►C�IdW{►�
known to me to be the persons whose name is subscribed to this instrument, and s/he
acknowledged to me that s/he had executed the foregoing instrument as her/his free and
voluntary act and deed for the uses and-p-urposes therein contained.
R
IN WITNE WHE E4 , I ve h unto set my hand and official seal the day and
year last h ei bove wutr%
CNARIEE GREEN
Not ub n nd fo aska Notary Public
Co mission expires: �Q State otAlaska
p 2 My COmmission Expires Aug 17, 2027
AFTER RECORDING, RETURN TO:
Andrew Baldwin
19986 S. Birchwood Loop Rd
Chugiak, Alaska 99567
Page I of 2
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iv 1 �:1 vl v @) I
, A nnl'rl/)Al
L o
I ::lip l /'1 nuul l Jvl v �; �' �
(N69 ° 50' 10" E 207 67') ;
ELEV=333.1' N89052'03" E 208.18' ELEV=335.5' ;
S. M.
SEC. I
I
I
� M
O o0I
N�
LI_N_ E DATA TABLE
LINE
BEARING
LENGTH
L1
N27005'E
17.7'
L2
N38003'E
58.5'
L3
N56034'E
37.4'
L4
N89056'W
11.2'
L5
N27005'E
28.5'
L6
S62055'E
10.0'
L7
S27005'W 1
23.4'
DR/VEWA Y�` o i
`► • ACCESS w
EASEMENT, U
�I 1,702 Sq Ft 1I
o j
■ WATER
l WELL
�' ( w
A EASEMENT , %} r C4 _
sr 259 Sq Ft E
Q0,
1it I Q
1�L_ _ 75.6' U
ELEV=338 9'- - •— ELEV=341.3' Z
_ L4 84.0'
N89056'03"W 190.67'-,c,- --T (589 °58'10 ` 195. 42') Tr+
/ /) T I 4 M
.OT 5 NOTE
/ THE DRIVEWAY ACCESS AND
WATER WELL EASEMENTS
0 25 50 75 100 WITHIN LOT 4 ARE FOR THE
I i
��-•�-------��, BENEFIT OF LOT 5, BLOCK B,
SCALi=: 1"=50' i
LAKE HILL ACRES I
- -�, SUBDIVISION, SIXTH ADDITION 25 ' , 25
i i
'
(PLAT No. 71-60). I
LAKE
HILL ACRES
DRIVEWAY AND WATER WELL
EASEMENTS - EXHIBIT MAP
DRAWN
BY: JC
CHECKED BY: BM
McCLINTOCK LAND
DWG NAME: LP22-253
ASSOCIA TES, INC.
SCALE:
I"=50'
JOB NUMBER: 22-253
16942 NORTH EAGLE RIVER LOOP RD
EAGLE RIVER, ALASKA 99577
DATE:
8/27/24
PAGE NUMBER: 2. of 2,
206-5000 AEC
LICENSE No. AECC596
LICENSE
''I�Ilill I�,I It'll Ill�ll�lill�l'I I I� � I I it I'� lililil I!I lily 11
Page 2 of 2
301- 2024 - 02394 3 - 0
MUNICIPALITY OFANCHORACE
a` M N`fi
THIS MAINTENANCE AND REPAIR .,ViRE I MEN"l , hereni the (.I 1.I: t'Il . s " ni id_' <.nd
JI
entered into
� Lis of`this Day of `;� �. {) l 7\' mid l7i 1`�'i_`cn,
� htlelll the (A,'\ N!L,,R, ..I ih,-- !'vlunwi a!tt-�,; cd'
Anchorage, herein the ` MUNIC'IPAI_ITY1 in accordance "Oh Q1c1,tlraW N%ltiilOp C%2
(AMC) 15.65. 65. In considerallon of the inuttral co mans s omaillc t! ,1;'i i;l. tfi ' pa iiy�-to till,;
Agreement agree as follows:
Advanced �@'a��t�G�'a�t 1' �a'<`E:tr]n�llt :'�y f€_'SxtS,A he Njtnljcipaihlpertihsoon 10 &,
Owner to utilize and operate all Advanced 4' Nsic't\<Elt'1 1 n:ii! kin % man ('. t " S).
described as
located at (legal description)
2. Maintenance. Repait's antj : item€ions;.
(Owner is required to read.. understand Enid initial cacll seciwn)
F
f hroughoot the terns of this ,AgreClllenl_ the Owner ON! enter hip) a survica aprccruarn
Nvlt l all A\V'`t'i' l S sawke and ma !Slit iomcc pr "A t T <i€1111t%`•.'(_'c, A ,11., ''Sill)?..,!)„Q { ,_ i
nlanufacturer'S rel-iresentruive. Me 10'G`I l S shnH hc; nudinamcd in 1i4 i
condition Capable Of perfOrn7ln iS dusigi d and (l;{)dikii!4_ t!csiwd ti ptit' anium in
accordance with the equiprnent's appro al ka— of en"ion Ki di iunk ,pAjw,
J It shall be the responsibility of the Owner during the 1l'€'111 WON A;_1can m by p!, Or W
repair(sy maintenance. ad(ustnicni(,$), replace!nav ct)m and inspection coos. 111I5
mducles an ai]iltlal maintenance fee Oypicallb S41OW t() .7OOO).
f
0"'1]er agrees thal 011IV Illalnl(;nanl'e atl(:3 repail' pC'i".sl);Ilit:! !;'tllrt}� l't! by 1!?: ,1Elliiltifi?:i11!b
Or the Fnantlfactnrer S repl-eSCntative "AH inspect and 111t vc an\ 1MCSSMY maimcnancc-
�, repairs or permitted alterations to the wstt rn.
J r Owner ackno"dedges that reguhr inahocnanc.c c)tl€U .& `V I'S lcclt!Li_:, till l Eltcili!.!!
failure or the symern, which could hwlude s ",t;lge hai'lvM and con t ,,:AN or dm uRkI
replacement.
(rev. 05014201 S) QC i„r -
Owncr acknowledges that the Municipality may rcclucst rccor(is }i ,,Z;: t;t i<ai,cc and
repairs front Be manukicturci's reptcscnaativc of rn a i i -, tC I I a i I CC pro v i dcr.
Owner acknow[edges that the nne for [athn<° to maintain and repair an ni<a`/ [�
f assessed in accordance with t NIC 140 030.
Owner agrees to grant the Munici[ Aity reasonable access Ui test and iia :i m tit
"[ /��U�' S. The tiuiticipality x, ill giveat least ' =-hour notice,
Owner agrees that any sale or mans[er of tide of the propmti "dH no xTur `.\'ithmit a nu"
7 y
Certificate oMn-Site `systems Approval.
O\\ nC.l"agrecs that the AN I [ S instalkhon and nainteir a we rupip cnm r}m kk!
by the kVVV%TS vendoriinstailcr and appro —1 try the unicipaht�t arc tit,
w uLndehnes for the construchon. ininteminc e and repair of the
i)\1�ne1' agrees to maintain renume moldtol-inu of the AMV FS as rafuimd by the
A`'VWTS approval.
3. T erny The term of this A,'rccincia Shall begin on the Inc to al?pr n A by ik
MUnicipahty to operate the installed symem or upon Umn:sFar o; thic d simili cuntinue
while the A\,,AVTFS is operational or until title is ti.taa ft er±.
4. Nonwai` en The failure oi'thc MUnicitaahty at any, l n c try cufrrcc c, pwv . inn idf this
Agi-cm-rient AM in no way constitute to \t aivcr of the pR"Asions. nor in any way i'kw,
the validity o! the .-' ygrcemcrn or tali`' part (1mvol. or ihc t i` ht of this X t!:ii is ),�iilv
thereaRer to enforce every provision hereof.
>. Amendment. Thk Amt-enrim, sha[[ on[y he taitiendcd by audmrizccl rcpic ;amm0s of
the Owner and MLill icipality_ Any attempt to amend this a;urecment In, either im -
llnialltloll7_eL CeprC:SLntatiVC OI-UnatllhoClZeU irlCaiati ihall kC �'o7d.
6. Jurisdiction: Choice of Law. Anv civil action carisinu Cron, this z",,Lrcem na 5hait t,c
brought in the Superior Court for the USA Judicial A trict onhc SINI ` of jiltaskN at
Anchorage. The laws of the State of AW k a Kill ,.? i`,Trn the rinfits ati: o linnions of A:
parties under this A,-,rccinciat.
7. Seveir•abiiity. Any prov isions of this A-reement decreed filar hd A tia cow Wc myntm= t
jurisdiction Shall not im( alidate the rmaining pm i�ioll,; ol'tlr":
(rev. 05/1 5/201 `t) Me 2 t:;i 3,
OWNER:
By: _(signature)
��✓e� J ids.,'.,. (Print name)
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
The foregoingi}p'strument. as
20A, by C.IG�dcG �t i`ld"�
F IM NOTARY LIC FO
f . My Commission ex
Date: J(' 1 3 -d 2-`f
ss.
ed before me this fX d y of
�����\1uunuu�ui
SKA `���`p. F°N..... /�
'o' ." NOTARY � :,max
PUBLIC
MUNICIPALITY:
By: Z ��(signature)
'%-)) (print name)
Date:
Title: C 1 (/
(rev. 05/18/2018) Page 3 of 3
DEPARTMENT OF THE ARMY
ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS
REGULATORY DIVISION
P.O. BOX 6898
JBER, AK 99506-0898
August 2, 2024
Regulatory Division
POA-2024-00318
Andrew Baldwin
Richardson Vista Road, Apt. 323
Anchorage, Alaska 99501
Dear Mr. Baldwin:
This is in response to your June 26, 2024, application for a Department of the Army
(DA) permit to discharge up to 3,000 cubic yards of gravel and organic soils into 0.43-
acre of wetlands in order to construct a house pad, driveway, and storage area. It has
been assigned file number POA-2024-00318, Mirror Lake, which should be referred to
in all future correspondence with this office. The project site is located within Section 2,
T. 15 N., R. 1 W., Seward Meridian; Latitude 61.419873º N., Longitude 149.417305º W.;
Lake Hill Acres Subdivision, Block B, Lots 4 and 5; 22110 Anthem Place, in Chugiak,
Alaska.
DA authorization is necessary because your project will involve the placement of
dredged and/or fill material into waters of the U.S. under our regulatory jurisdiction.
Based upon the information and plans you provided, we hereby verify that the work
described above, which will be performed in accordance with the enclosed plan
(sheets 1-3), dated June 26, 2024, is authorized by Nationwide Permit (NWP) No. 29,
Residential Developments. Enclosed is a copy of the NWP No. 29, as well as the
Regional and General Conditions. These documents are also available on our website
at https://www.poa.usace.army.mil/Missions/Regulatory/Types-of-Permits/Nationwide-
Permits/. The following Regional Conditions apply to your project: D – Site Revegetation
for Projects with Ground Disturbing Activities, and E – Delineation of Project Footprint.
You must comply with all terms and conditions associated with NWP No. 29.
Further, please note General Condition 30 requires that you submit a signed
certification to us once any work and required mitigation are completed. Enclosed is the
form for you to complete and return to our office.
Unless this NWP is modified or revoked, it expires on March 14, 2026. If you
commence or are under contract to commence this activity before the date that the
NWPs are modified or revoked, you will have twelve (12) months from the date of the
modification or revocation of the NWPs to complete the activity under the present terms
-2-
and conditions of these nationwide permits. It is incumbent upon you to remain informed
of the changes to the NWPs.
Nothing in this letter excuses you from compliance with other Federal, state, or local
statutes, ordinances, or regulations.
Please contact me via email at Kerri.C.Hancock@usace.army.mil, by mail at the
address above, by phone at (907) 753-2719, or toll free from within Alaska at
(800) 478-2712, if you have questions. For more information about the Regulatory
Program, please visit our website at www.poa.usace.army.mil/Missions/Regulatory.
Sincerely,
Kerri Hancock
Project Manager
Enclosures
ENCLOSURE
US Army Corps of Engineers
Alaska District
Permit Number: POA-2024-00318
Name of Permittee: Andrew Baldwin
Date of Issuance: August 2, 2024
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to Ms. Kerri Hancock at
regpagemaster@usace.army.mil, or the following address:
U.S. Army Corps of Engineers
Alaska District
Regulatory Division
P.O. Box 6898
JBER, AK 99506-0898
Please note that your permitted activity is subject to a compliance inspection by a
U.S. Army Corps of Engineers representative. If you fail to comply with this permit you
are subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above-referenced permit has been
completed in accordance with the terms and conditions of the said permit, and required
mitigation was completed in accordance with the permit conditions.
_________________________ _______________________
Signature of Permittee Date
29. Residential Developments
Discharges of dredged or fill material into non-tidal waters of the United States for the
construction or expansion of a single residence, a multiple unit residential development,
or a residential subdivision. This NWP authorizes the construction of building
foundations and building pads and attendant features that are necessary for the use of
the residence or residential development. Attendant features may include but are not
limited to roads, parking lots, garages, yards, utility lines, storm water management
facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and
golf courses (provided the golf course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2-acre of non-tidal waters of
the United States. This NWP does not authorize discharges of dredged or fill material
into non-tidal wetlands adjacent to tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United
States authorized by this NWP cannot exceed 1/2-acre. This includes any loss of waters
of the United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity. (See general condition 32.) (Authorities:
Sections 10 and 404)
2021 Nationwide Permit General Conditions:
Note: To qualify for NWP authorization, the prospective permittee must comply with the following
general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the
division engineer or district engineer. Prospective permittees should contact the appropriate Corps district
office to determine if regional conditions have been imposed on an NWP. Prospective permittees should
also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401
water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person
who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an
existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the
provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR
330.5 relating to the modification, suspension, or revocation of any NWP authorization.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any
safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be
installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the
United States. (c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his or her authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of
those species of aquatic life indigenous to the waterbody, including those species that normally migrate
through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary
crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to
maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be
used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life
movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the
maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation,
fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas
for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity
is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding
or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts
(see section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except
where the activity is for the repair or improvement of public water supply intake structures or adjacent
bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse
effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be
minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction course,
condition, capacity, and location of open waters must be maintained for each activity, including stream
channelization, storm water management activities, and temporary and permanent road crossings, except
as provided below. The activity must be constructed to withstand expected high flows. The activity must
not restrict or impede the passage of normal or high flows unless the primary purpose of the activity is to
impound water or manage high flows. The activity may alter the pre-construction course, condition,
capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or
relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state
or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used
and maintained in effective operating condition during construction, and all exposed soil and other fills,
as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized
at the earliest practicable date. Permittees are encouraged to perform work within waters of the United
States during periods of low-flow or no-flow, or during low tides.
13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the
maximum extent practicable, after their use has been discontinued. Temporary fills must be removed in
their entirety and the affected areas returned to pre-construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including
maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as
any activity-specific conditions added by the district engineer to an NWP authorization.
15. Single and Complete Project . The activity must be a single and complete project. The same NWP
cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible
inclusion in the system while the river is in an official study status, unless the appropriate Federal agency
with direct management responsibility for such river, has determined in writing that the proposed activity
will not adversely affect the Wild and Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System,
or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system
while the river is in an official study status, the permittee must submit a pre-construction notification (see
general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct
management responsibility for that river. Permittees shall not begin the NWP activity until notified by the
district engineer that the Federal agency with direct management responsibility for that river has
determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency responsible for the designated Wild and Scenic River or study river (e.g., National
Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
Information on these rivers is also available at: http://www.rivers.gov/.
17.Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not
limited to, reserved water rights and treaty fishing and hunting rights.
18.Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify designated critical habitat or critical habitat proposed
for such designation. No activity is authorized under any NWP which ‘‘may affect’’ a listed species or
critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity
on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of ‘‘effects
of the action’’ for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides
further explanation under ESA section 7 regarding ‘‘activities that are reasonably certain to occur’’ and
‘‘consequences caused by the proposed action.’’
(b)Federal agencies should follow their own procedures for complying with the requirements of the ESA
(see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal
permittee must provide the district engineer with the appropriate documentation to demonstrate
compliance with those requirements. The district engineer will verify that the appropriate documentation
has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7
consultation may be necessary for the activity and the respective federal agency would be responsible for
fulfilling its obligation under section 7 of the ESA.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed
species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such
designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated
critical habitat or critical habitat proposed for such designation, and shall not begin work on the activity
until notified by the district engineer that the requirements of the ESA have been satisfied and that the
activity is authorized. For activities that might affect Federally-listed endangered or threatened species (or
species proposed for listing) or designated critical habitat (or critical habitat proposed for such
designation), the pre-construction notification must include the name(s) of the endangered or threatened
species (or species proposed for listing) that might be affected by the proposed activity or that utilize the
designated critical habitat (or critical habitat proposed for such designation) that might be affected by the
proposed activity. The district engineer will determine whether the proposed activity ‘‘may affect’’ or
will have ‘‘no effect’’ to listed species and designated critical habitat and will notify the non-Federal
applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction
notification. For activities where the non-Federal applicant has identified listed species (or species
proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that
might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification that the proposed activity will have ‘‘no effect’’ on
listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for
such designation), or until ESA section 7 consultation or conference has been completed. If the non-
Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for
notification from the Corps.
(d) As a result of formal or informal consultation or conference with the FWS or NMFS the district
engineer may add species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the ‘‘take’’ of a threatened or endangered
species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10
Permit, a Biological Opinion with ‘‘incidental take’’ provisions, etc.) from the FWS or the NMFS, the
Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a
listed species, where ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct. The word ‘‘harm’’ in the definition of ‘‘take’’ means
an act which actually kills or injures wildlife. Such an act may include significant habitat modification or
degradation where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an
approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP
activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the
PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the
agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity
and the associated incidental take were considered in the internal ESA section 7 consultation conducted
for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that
the proposed NWP activity and the associated incidental take were considered in the internal ESA section
7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a
separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the
non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the
ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7
consultation is required.
(g) Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS and NMFS or their world wide web pages at
http://www.fws.gov/ or http:// www.fws.gov/ipac and http:// www.nmfs.noaa.gov/pr/species/esa/
respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an
action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S.
Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce
adverse effects to migratory birds or eagles, including whether ‘‘incidental take’’ permits are necessary
and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a
particular activity.
20. Historic Properties.
(a) No activity is authorized under any NWP which may have the potential to cause effects to properties
listed, or eligible for listing, in the National Register of Historic Places until the requirements of Section
106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of section
106 of the National Historic Preservation Act (see 33 CFR 330.4(g)(1)). If pre-construction notification is
required for the proposed NWP activity, the Federal permittee must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district engineer will
verify that the appropriate documentation has been submitted. If the appropriate documentation is not
submitted, then additional consultation under section 106 may be necessary. The respective federal
agency is responsible for fulfilling its obligation to comply with section 106.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP
activity might have the potential to cause effects to any historic properties listed on, determined to be
eligible for listing on, or potentially eligible for listing on the National Register of Historic Places,
including previously unidentified properties. For such activities, the pre-construction notification must
state which historic properties might have the potential to be affected by the proposed NWP activity or
include a vicinity map indicating the location of the historic properties or the potential for the presence of
historic properties. Assistance regarding information on the location of, or potential for, the presence of
historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation
Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places
(see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply
with the current procedures for addressing the requirements of section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out
appropriate identification efforts commensurate with potential impacts, which may include background
research, consultation, oral history interviews, sample field investigation, and/or field survey. Based on
the information submitted in the PCN and these identification efforts, the district engineer shall determine
whether the proposed NWP activity has the potential to cause effects on the historic properties. Section
106 consultation is not required when the district engineer determines that the activity does not have the
potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is
required when the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties identified under
36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of
section 106 of the NHPA: No historic properties affected, no adverse effect, or adverse effect.
(d) Where the non-Federal applicant has identified historic properties on which the proposed NWP
activity might have the potential to cause effects and has so notified the Corps, the non-Feder al applicant
shall not begin the activity until notified by the district engineer either that the activity has no potential to
cause effects to historic properties or that NHPA section 106 consultation has been completed. For non-
federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a
complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA
section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or
she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from the
Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents
the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the
requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic
property to which the permit would relate, or having legal power to prevent it, allowed such significant
adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic
Preser vation (ACHP), determines that circumstances justify granting such assistance despite the adverse
effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is
required to notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This documentation
must include any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on
historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. Permittees that discover any previously
unknown historic, cultural or archeological remains and artifacts while accomplishing the activity
authorized by an NWP, they must immediately notify the district engineer of what they have found, and
to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts
until the required coordination has been completed. The district engineer will initiate the Federal, Tribal,
and state coordination required to determine if the items or remains warrant a recovery effort or if the site
is eligible for listing in the National Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine
sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may
designate, after notice and opportunity for public comment, additional waters officially designated by a
state as having particular environmental or ecological significance, such as outstanding national resource
waters or state natural heritage sites. The district engineer may also designate additional critical resource
waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, 52, 57 and 58 for any activity within, or
directly affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is
required in accordance with general condition 32, for any activity proposed by permittees in the
designated critical resource water s including wetlands adjacent to those waters. The district engineer may
authorize activities under these NWPs only after she or he determines that the impacts to the critical
resource waters will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining appropriate
and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental
effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e.,
on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
losses) will be required to the extent necessary to ensure that the individual and cumulative adverse
environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that
exceed 1⁄10-acre and require pre-construction notification, unless the district engineer determines in
writing that either some other form of mitigation would be more environmentally appropriate or the
adverse environmental effects of the proposed activity are no more than minimal, and provides an
activity-specific waiver of this requirement. For wetland losses of 1⁄10-acre or less that require
preconstruction notification, the district engineer may determine on a case-bycase basis that
compensatory mitigation is required to ensure that the activity results in only minimal adverse
environmental effects.
(d) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed
that exceed 3⁄100-acre and require pre-construction notification, unless the district engineer determines in
writing that either some other form of mitigation would be more environmentally appropriate or the
adverse environmental effects of the proposed activity are no more than minimal, and provides an
activity-specific waiver of this requirement. This compensatory mitigation requirement may be satisfied
through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e)
of this general condition. For losses of stream bed of 3⁄100-acre or less that require preconstruction
notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream rehabilitation,
enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will
normally include a requirement for the restoration or enhancement, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or
maintenance/protection of riparian areas may be the only compensatory mitigation required. If restoring
riparian areas involves planting vegetation, only native species should be planted. The width of the
required riparian area will address documented water quality or aquatic habitat loss concerns. Normally,
the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may
require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is
not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is
a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district
engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands
compensation) based on what is best for the aquatic environment on a watershed basis. In cases where
riparian areas are determined to be the most appropriate form of minimization or compensatory
mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory
mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the
applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal
adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory
mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)).
However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the
time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-
responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be sufficient to
ensure that the authorized activity results in no more than minimal individual and cumulative adverse
environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f).)
(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are
reduced, aquatic resource restoration should be the first compensatory mitigation option considered for
permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible
for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district
engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses
the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer
before the permittee begins work in waters of the United States, unless the district engineer determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). If permittee-responsible
mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in
which another federal agency holds an easement, the district engineer will coordinate with that federal
agency to determine if proposed compensatory mitigation project is compatible with the terms of the
easement.
(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs
to address only the baseline conditions at the impact site and the number of credits to be provided (see 33
CFR 332.4(c)(1)(ii)).
(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as
compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a
compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits
of the NWPs. For example, if an NWP has an acreage limit of 1⁄2-acre, it cannot be used to authorize any
NWP activity resulting in the loss of greater than 1⁄2- acre of waters of the United States, even if
compensatory mitigation is provided that replaces or restores some of the lost waters. However,
compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already
meeting the established acreage limits also satisfies the no more than minimal impact requirement for the
NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible
mitigation. When developing a compensatory mitigation proposal, the permittee must consider
appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities
resulting in the loss of marine or estuarine resources, permitteeresponsible mitigation may be
environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have
marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible
mitigation, the special conditions of the NWP verification must clearly indicate the party or parties
responsible for the implementation and performance of the compensatory mitigation project, and, if
required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently adversely affected
by a regulated activity, such as discharges of dredged or fill material into waters of the United States that
will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained
utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the
activity to the no more than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,
the district engineer may require non-Federal applicants to demonstrate that the structures comply with
established state or federal, dam safety criteria or have been designed by qualified persons. The district
engineer may also require documentation that the design has been independently reviewed by similarly
qualified persons, and appropriate modifications made to ensure safety.
25. Water Quality. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has
not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality
certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the
permittee cannot comply with all of the conditions of a water quality certification previously issued by
certifying authority for the issuance of the NWP, then the permittee must obtain a water quality
certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP.
(b) If the NWP activity requires preconstruction notification and the certifying authority has not
previously certified compliance of an NWP with CWA section 401, the proposed discharge is not
authorized by an NWP until water quality certification is obtained or waived. If the certifying authority
issues a water quality certification for the proposed discharge, the permittee must submit a copy of the
certification to the district engineer. The discharge is not authorized by an NWP until the district engineer
has notified the permittee that the water quality certification requirement has been satisfied by the
issuance of a water quality certification or a waiver.
(c) The district engineer or certifying authority may require additional water quality management
measures to ensure that the authorized activity does not result in more than minimal degradation of water
quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received a state
coastal zone management consistency concurrence, an individual state coastal zone management
consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR
330.4(d)). If the permittee cannot comply with all of the conditions of a coastal zone management
consistency concurrence previously issued by the state, then the permittee must obtain an individual
coastal zone management consistency concurrence or presumption of concurrence in order for the activity
to be authorized by an NWP. The district engineer or a state may require additional measures to ensure
that the authorized activity is consistent with state coastal zone management requirements.
27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that
may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific
conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its CWA section 401 Water
Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete
project is authorized, subject to the following restrictions:
(a) If only one of the NWPs used to authorize the single and complete project has a specified acreage
limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the
highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1⁄3-acre.
(b) If one or more of the NWPs used to authorize the single and complete project has specified acreage
limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their
respective specified acreage limits. For example, if a commercial development is constructed under NWP
39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the
maximum acreage loss of waters of the United States for the commercial development under NWP 39
cannot exceed 1⁄2-acre, and the total acreage loss of waters of the United States due to the NWP 39 and
46 activities cannot exceed 1 acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new
owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the
nationwide permit verification must be attached to the letter, and the letter must contain the following
statement and signature: ‘‘When the structures or work authorized by this nationwide permit are still in
existence at the time the property is transferred, the terms and conditions of this nationwide permit,
including any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below.’’
_________________________________
(Transferee)
_________________________________
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps
must provide a signed certification documenting completion of the authorized activity and
implementation of any required compensatory mitigation. The success of any required permittee-
responsible mitigation, including the achievement of ecological performance standards, will be addressed
separately by the district engineer. The Corps will provide the permittee the certification document with
the NWP verification letter. The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP authorization,
including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was completed in
accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to
satisfy the compensatory mitigation requirements, the certification must include the documentation
required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource
type of credits; and
(c) The signature of the permittee certifying the completion of the activity and mitigation.
The completed certification document must be submitted to the district engineer within 30 days of
completion of the authorized activity or the implementation of any required compensatory mitigation,
whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also
requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or
temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized
Civil Works project (a ‘‘USACE project’’), the prospective permittee must submit a pre-construction
notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408
permission and/or review is not authorized by an NWP until the appropriate Corps office issues the
section 408 permission or completes its review to alter, occupy, or use the USACE project, and the
district engineer issues a written NWP verification.
32. Pre-Construction Notification.
(a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district
engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer
must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is
determined to be incomplete, notify the prospective permittee within that 30 day period to request the
additional information necessary to make the PCN complete. The request must specify the information
needed to make the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective permittee does
not provide all of the requested information, then the district engineer will notify the prospective
permittee that the PCN is still incomplete and the PCN review process will not commence until all of the
requested information has been received by the district engineer. The prospective permittee shall not
begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP
with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer. However, if
the permittee was required to notify the Corps pursuant to general condition 18 that listed species or
critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to
general condition 20 that the activity might have the potential to cause effects to historic properties, the
permittee cannot begin the activity until receiving written notification from the Corps that there is ‘‘no
effect’’ on listed species or ‘‘no potential to cause effects’’ on historic properties, or that any consultation
required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the
National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the proposed activity
requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity
until the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the
permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the
permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the
proposed activity;
(4) (i) A description of the proposed activity; the activity’s purpose; direct and indirect adverse
environmental effects the activity would cause, including the anticipated amount of loss of wetlands,
other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet,
or other appropriate unit of measure; a description of any proposed mitigation measures intended to
reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional
general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed
project or any related activity, including other separate and distant crossings for linear projects that
require Department of the Army authorization but do not require pre-construction notification. The
description of the proposed activity and any proposed mitigation measures should be sufficiently detailed
to allow the district engineer to determine that the adverse environmental effects of the activity will be no
more than minimal and to determine the need for compensatory mitigation or other mitigation measures.
(ii) For linear projects where one or more single and complete crossings require pre-construction
notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic
sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites,
and other waters (including those single and complete crossings authorized by an NWP but do not require
PCNs). This information will be used by the district engineer to evaluate the cumulative adverse
environmental effects of the proposed linear project, and does not change those non-PCN NWP activities
into NWP PCNs.
(iii) Sketches should be provided when necessary to show that the activity complies with the
terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity
(e.g., a conceptual plan), but do not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such
as lakes and ponds, and perennial and intermittent streams, on the project site. Wetland delineations must
be prepared in accordance with the current method required by the Corps. The permittee may ask the
Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if
the Corps does the delineation, especially if the project site is large or contains many wetlands, other
special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation
has been submitted to or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1⁄10-acre of wetlands or 3⁄100-acre of
stream bed and a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more
than minimal and why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(7) For non-federal permittees, if any listed species (or species proposed for listing) or designated
critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of
the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such
designation), the PCN must include the name(s) of those endangered or threatened species (or species
proposed for listing) that might be affected by the proposed activity or utilize the designated critical
habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity.
For NWP activities that require pre-construction notification, Federal permittees must provide
documentation demonstrating compliance with the Endangered Species Act;
(8) For non-federal permittees, if the NWP activity might have the potential to cause effects to a historic
property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the
National Register of Historic Places, the PCN must state which historic property might have the potential
to be affected by the proposed activity or include a vicinity map indicating the location of the historic
property. For NWP activities that require pre-construction notification, Federal permittees must provide
documentation demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the
river is in an official study status, the PCN must identify the Wild and Scenic River or the ‘‘study river’’
(see general condition 16); and
(10) For an NWP activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C.
408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers
federally authorized civil works project, the pre-construction notification must include a statement
confirming that the project proponent has submitted a written request for section 408 permission from, or
review by, the Corps office having jurisdiction over that USACE project.
(c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form
(Form ENG 6082) should be used for NWP PCNs. A letter containing the required information may also
be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer
has established tools and procedures for electronic submittals.
(d) Agency Coordination:
(1) 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 NWPs and the need for mitigation to
reduce the activity’s adverse environmental effects so that they are no more than minimal.
(2) Agency coordination is required for:
(i) All NWP activities that require pre-construction notification and result in the loss of greater
than 1⁄2-acre of waters of the United States;
(ii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running
foot, or involve discharges of dredged or fill material into special aquatic sites; and
(iii) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide (e.g., via
email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN
to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and,
if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days
from the date the material is transmitted to notify the district engineer via telephone, facsimile
transmission, or email that they intend to provide substantive, site-specific comments. The comments
must explain why the agency believes the adverse environmental effects will be more than minimal. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before making a
decision on the pre-construction notification. The district engineer will fully consider agency comments
received within the specified time frame concerning the proposed activity’s compliance with the terms
and conditions of the NWPs, including the need for mitigation to ensure that the net adverse
environmental effects of the proposed activity are no more than minimal. The district engineer will
provide no response to the resource agency, except as provided below. The district engineer will indicate
in the administrative record associated with each pre-construction notification that the resource agencies’
concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity
may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur. The district engineer will consider any comments received to
decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with
the procedures at 33 CFR 330.5.
(4) In cases of where the pr ospective permittee is not a Federal agency, the district engineer will provide
a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation
recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation
and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-
construction notifications to expedite agency coordination.
ALASKA DISTRICT REGIONAL CONDITIONS
for the
2021 NATIONWIDE PERMITS (NWP)
The Alaska District Regulatory Office has issued the following Regional Conditions to
ensure that activities authorized by NWPs in the Alaska District cause no more than minimal
adverse environmental effects, individually and cumulatively. Before the Alaska District will
verify an activity under one or more NWPs, the proposed activity must comply with the NWP
terms and all applicable General and Regional Conditions.
APPLICABILITY: The following apply throughout the state of Alaska.
RESTRICTIONS:
Regional Condition A – Revoked Permits: The following NWPs are revoked within Alaska:
2. Structures in Artificial Canals
24. Indian Tribe or State Administered Section 404 Programs
30. Moist Soil Management for Wildlife
34. Cranberry Production Activities
Regional Condition B – Additional Pre-Construction Notification (PCN) Requirements
1.NWP 13, Bank Stabilization: In addition to the PCN requirements specified by NWP 13, a PCN is
required for proposed bank stabilization projects in fresh water when the proposed methods and
techniques are not included in the Streambank Revegetation and Protection: A Guide for Alaska
Revised 2005 (Walter, Hughes and Moore, April 2005) (Guide) or its future revisions. The Guide is
available at: http://www.adfg.alaska.gov/index.cfm?adfg=streambankprotection.main.
2.A PCN is required for projects that qualify for NWPs 12, 57 (C), and 58 (D) within the
Municipality of Anchorage.
3.NWP 48: A PCN is required for impacts to greater than 1/2 acre of special aquatic sites
(wetlands, mudflats, vegetated shallows, coral reefs, etc.).
4.NWP 12, 57 (C), 58 (D). In addition to other triggers for the PCN, a PCN is required for projects
located within permafrost soils identified using the appropriate soil survey or other appropriate data.
REGIONAL CONDITION C - Activities Involving Trenching
Trenches may not be constructed or backfilled in such a manner as to drain waters of the U.S.
(e.g., backfilling with extensive gravel layers, creating a French drain effect). Ditch plugs or other
methods shall be used to prevent this situation.
Except for material placed as minor trench over-fill or surcharge necessary to offset subsidence or
compaction, all excess materials shall be removed to a non waters of the U.S. location. The
backfilled trench shall achieve the pre-construction elevation, within a year of disturbance unless
climatic conditions warrant additional time. The additional time must be approved by the Corps.
Excavated material temporarily sidecast into wetlands shall be underlain with geotextile, ice pads,
or similar material, to allow for removal of the temporary material to the maximum extent
practicable.
REGIONAL CONDITION D - Site Revegetation for Projects with Ground Disturbing Activities
Re-vegetation of all disturbed areas within the project site shall begin as soon as site conditions
allow and in the same growing season as the disturbance, unless climatic conditions warrant
additional time. Topsoil (the outermost layer of soil, usually the top 2 – 8 inches) removed from the
construction area shall be separated and used for site rehabilitation. When backfilling, topsoil shall
be placed as the top layer to provide a seed bed for regrowth. If topsoil is not available from the
project site, local native soil material obtained from an approved site may be used. Species used for
seeding and planting shall be certified seed sources free of invasive species and follow this order of
preference: 1) species native to the site; 2) species native to the region; 3) species native to the
state.
REGIONAL CONDITION E - Delineation of Project Footprint
Prior to commencement of construction activities within waters of the U.S., the permittee shall
clearly identify the permitted limits of disturbance at the project site with highly visible markers (e.g.
construction fencing, flagging, silt barriers, etc.). The permittee shall properly maintain such
identification until construction is complete and the soils have been stabilized. The permittee is
prohibited from conducting any unauthorized Corps-regulated activity outside of the permitted limits
of disturbance (as shown on the permit drawings).
REGIONAL CONDITION F - Maintenance of Hydrology Patterns
Natural drainage patterns shall be maintained using appropriate methods. Excessive ponding or
drying adjacent to fill areas shall indicate non-compliance with this condition.
REGIONAL CONDITIONS G, H, I AND J APPLY TO SPECIFIC NWPs
REGIONAL CONDITION G - NWP 40 Agricultural Activities
The following activities are not authorized by NWP 40: a. Installation, placement, or construction of
drain tiles, ditches, or levees; and b. Mechanized land clearing or land leveling in wetlands within
300 feet of an anadromous water (anadromous water is defined by the state of AK see
https://www.adfg.alaska.gov/sf/SARR/AWC/index.cfm?ADFG=main.interactive ).
REGIONAL CONDITION H - NWP 44 Mining Activities
Placer mining activities are excluded from coverage by NWP 44 (Mining Activities). Placer mining
may be authorized by Regional General Permit POA-2014-00055-M1. In Alaska, NWP 44 may
only authorize the following activities:
1.Hard rock mining within waters jurisdictional under only Section 404 of the Clean Water Act, not
including trenching, drilling, or access road construction.
2.Temporary stockpiling of sand and gravel in waters of the U.S., limited to seasonally dewatered
unvegetated sand/gravel bars. Stockpiles shall be completely removed and the area restored to pre-
project contours within one year, in advance of seasonal ordinary high water events, or prior to
equipment being removed from site, whichever occurs first.
REGIONAL CONDITION I – NWP 48, 55 (A), and 56 (B):
When an Aquatic Farm Lease is required from the Alaska Department of Natural Resources
(ADNR) for a new or modified aquatic farm, the applicant must obtain and submit a copy of the
ADNR preliminary decision with a Preconstruction Notification to the USACE.
REGIONAL CONDITION J –- NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 :
The proposed NWP activity must not cause:
1)the loss of anadromous streambed, and/or
2)the discharge of dredged or fill material into waterbodies, including wetlands, adjacent to and/
or upstream of an anadromous waterbody;
unless the district engineer issues a waiver by making a written determination concluding that
these discharges will result in no more than minimal individual and cumulative adverse
environmental effects. -2-