HomeMy WebLinkAboutTHE SHIRE LT 1 The Shire
Lot 1
#051 - 293 - 71
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
http://www.muni.org/onsite
On -Site Wastewater Disposal System Permit
Permit Number: OSP231207
Work Type: Septic Initial
Tax Code Number: 05129371000
Site Legal Address: THE SHIRE LT 1 G:0755
Site Mailing Address: 19389 MONASTERY DR, DUPL, Eagle River
Owner: FLETES ANTHONY & CARA
Design Engineer: PANNONE ENGINEERING SERVICES
This permit is for the construction of:
Q Disposal Field Q Septic Tank ❑ Holding Tank ❑ Privy
Effective Date
Expiration Date:
i�,ent>S
�0
U �
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Department
8/2/2023
8/1/2024
Lot Size in Sq Ft: 69851
Total Bedrooms:
Z
❑ 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
Received By:
Issued By:
tf vv�
Date:
Date: c 2 qz) Z 3
I
UH C PIL\ L7 Y OF H C H0 ,E
Community Development Department - Phone: 907-343-7904
Development Services Division Fax: 907-343-7997
On -Site Water & Wastewater Program
ON -SITE SEWER/WELL PERMIT APPLICATION
Parcel I.D. 051-293-71
Property owner(s) Anthony & Cara Fletes Day phone
Mailing address 19387 Monastery Drive #A
Site address same
Legal description (Sub'd., Block & Lot) The Shire L1
Legal description (Township, Range & Section)
Lot Size 69,851 Sq. Ft. Number of Bedrooms A -
APPLICATION IS FOR: APPLICATION IS AN: TYPE OF DWELLING:
(® all that apply)
Absorption Field ❑X Initial FRI Single Family (SF)
❑X
(w/wo ADU)
Septic Tank ❑X Upgrade ElDuplex
ElHolding
(D)
Tank ElRenewal ❑
Multiple Dwellings
❑
Privy ❑ (SF and/or D)
Private Well ❑
Water Storage ❑
THIS APPLICATION INCLUDES A VARIANCE / 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: 5R Waiver Fees:
Date of Payment: 7 I l 3 2rj Z� Date of Payment:
Receipt Number: b (S o G Receipt Number:
Permit No. (2 %2 P 311 Q 7 Waiver No.
Permit App_'- : . _..:c
Pannone Engineering Services LLC
Steven R. Pannone, Principal
Registered Professional Engineer
E-mail: steve@panengak.com
Mailing: P.O.Box 1807, Palmer, AK 99645
Telephone: (907) 745-8200 FAX: (907) 745-8201
10 July 2023
Municipality of Anchorage
Development Services Department
On-Site Water & Wastewater Program
4700 Elmore Road
P. O. Box 196650
Anchorage, Alaska 99519
Subject: The Shire L1
Septic System Upgrade Permit Request
Design Narrative
This is a design narrative for a permit to install a septic system upgrade on the subject property. The proposed
upgrade will serve an existing one-bedroom (1) ADU on the subject property. This lot and surrounding lots are
served by private wells. Currently there are no wells within 100 feet on the proposed installation.
Soils:
A test hole was performed on this lot by Garness Engineering Group, LLC on 6/26/2007. Groundwater was observed
during the excavation of the test hole at a depth of 5.0’. Bedrock was not encountered. Groundwater was observed
in the test hole monitor tube at a depth of 2.83 feet on 5/7/2007. Based on the results of the percolation test and
overall soils appearance an application rate of 1.2 gpd/SF was used for the design of a conventional wastewater
treatment system in the area of the test hole. Pannone Engineering will perform a test hole prior to construction of
the drain field to confirm the percolation rate used for design. If necessary, PES will apply for a change order before
proceeding with installation.
1. Soil Absorption System Design.
a. See Sheet 1 of the design package.
2. Surface Water:
There is no surface water within 100 feet of the proposed septic tank and drain field. The majority of the lot is
classified as class D wetlands, please see the attached approval from the Army Corps of Engineers for the installation
of the proposed system in the wetlands.
3. Topography:
See attached site plan for area topography.
Municipality of Anchorage
On-site Water and Wastewater
REVIEWED FOR CODE COMPLIANCE
OSP231207, Curtis Townsend, 08/02/23
Page 2 of 2
Mailing: P.O.Box 1807, Palmer, AK 99645
Telephone: (907) 745-8200 FAX: (907) 745-8201
4. Drawing Markings: The Drawings are marked “For MOA Review Only”. When written notification that the
review is complete and no further comments are received from MoA On-Site Department, the note will be removed
and “For Construction” drawings will be issued.
The proposed installation will not affect the future development of this or the surrounding lots.
If you have any questions or concerns, please contact me at (907) 745-8200.
Sincerely,
SRP
Steven R. Pannone, P.E. F. ASCE
Owner/Civil Engineer
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Municipality of Anchorage
On-site Water and Wastewater
REVIEWED FOR CODE COMPLIANCE
OSP231207, Curtis Townsend, 08/02/23
The On-site Water and Wastewater Section (On-site) may issue an approval for a homeowner
to perform work on an on-site wastewater disposal system to serve that individual's owner -
occupied, single-family or duplex home if the homeowner meets and agrees to the following
requirements:
1. The property owner and excavation equipment operator may perform work on no more
than one owner -installation project in a 12 -month period.
2. Owner's projected active involvement with the installation:
V
3. The name of the excavation equipment operator: Sc
4. 1 agree that there will be no monetary compensation for installation services rendered.
5. The name of the inspecting engineer:P1,'.A/o"1nl6-
6. 1 agree to discuss the following items with the inspecting engineer:
a. Permit design criteria and specifications.
b. Inspection requirements set forth in AMC 15.65.070.
c. Advance notice given to the On-site Water & Wastewater Section for all required
municipal inspections (AMC 15.65.070A).
7. 1 agree to have the project -specific On-site Wastewater Disposal System Permit available
at the construction site for the duration of all related work.
8. 1 agree that if the system is an advanced wastewater treatment system (AWWTS), I will
obtain additional installation instructions and approval from the equipment distributor.
As owner of (legal description) 7_�e_
I agree that the information above is true and accurate.
Owner's printed name:
Owner's signature: Date: �l �ti�v d (Da -S
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BE
RECERTIFIED 6-3-19 i�
AS -BUILT NO CORNERS SET THIS DATE
I hereby certify that I have performed a Mortgagee's inspection
of the following described property: LOT 1,
THE SHIRE SUBDIVISION
Anchorage Recording Precinct, Alaska, and that the
improvements situated thereon are within the property lines
and do not overlap or encroach on the property lying
adjacent thereto, that no improvements on the property lying
adjacent thereto encroach on the premises in question and
that there are no roadways, transmission lines or other
visible easements on said property except as indicated
hereon.
Dated at Anchorage, Alaska
this 30th day of March ,2009
FRED WALATKA & ASSOCIATES, L.L.C.
Engineers and Surveyors
907-248-1666
The Shire L1 Subject:
3/28/2023 Originator:ACP Checker:
SITE PARAMETERS 1. No angle of repose on backfill material
Weight of Water 62.4 lb/ft3
Weight of Soil 120.0 lb/ft3
Tank Bury Depth 4 ft
TANK DIMENSIONS
Diameter 58.0 in
Diameter 4.83 ft
Length 10 ft
Area 18.35 ft2
Volume 183.48 ft3
Weight 0 lbf
Manholes Yes
Percentage of Tank in Groundwater 100%
BOUYANT FORCES (weight of the displaced water)
11449 lbf UP
RESISTING FORCES (weight of soil & tank)
Is Backfill Material Saturated?YES
Volume of Manholes 25 ft3
Volume of Soil 168 ft3 (Volume of Soil over Tank minus Volume of Manholes)
Weight of Soil 9688 lb DOWN
NET FORCE ON TANK -1761 lb UP Ballast Required, See Below
Septic Tank Buoyancy Check
Job Number:SRP
Job Name: Buoyancy Check
1500-gallon STEP Tank
ASSUMPTIONS
2. 120 lb/ft3 backfill material
3. Tank is empty
4. Tank is completely submerged.
Buoyancy Control:
1. Discuss Buoyancy Control
RESISTING FORCES (weight of concrete blocks)
Height 2.0 ft
Width 2.0 ft
Length 6.0 ft
Volume 24.0 ft3
Weight of Concrete 145.0 lb/ft3
Weight of Blocks 1982.4 lb
Number of Blocks 2 ea
NET FORCE ON TANK
2204 lb DWN Design OK
DEPARTMENT OF THE ARMY
ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS
REGULATORY DIVISION
P.O. BOX 6898
JBER, AK 99506-0898
March 21, 2024
Regulatory Division
POA-2023-00188
Mr. Anthony Fletes
19387 #A Monestary Drive
Eagle River, AK 99577
Dear Mr. Fletes:
This is in response to your September 19, 2023, request submitted on your
behalf by Pannone Engineering Services, LLC to discharge an additional 383 cubic
yards of fill material into up to 0.05-acres of wetlands in order to install a 15-foot-wide by
25-foot-long (39 feet X 55 feet toe to toe) mounded bed drain field. The project site is
located at Latitude 61.3619° N, Longitude 149.5209° W; 19387 #A Monastery Drive, in
Eagle River, Alaska.
DA permit authorization is necessary because your project will involve placement of
fill material into waters of the U.S. under our regulatory jurisdiction. As of November 4,
2023, more than 45 calendar days had passed since your complete request was
received. In accordance with 2021 Nationwide Permit General Condition 32(a)(2), you
are authorized to begin your activity under Nationwide Permit (NWP) 18, since you did
not receive written notice from the district or division engineer.
It is incumbent upon you to construct your activity in compliance with the terms and
conditions of the NWP. NWP No. 18 and its associated Regional and General
Conditions can be accessed at our website at the following address and are enclosed:
www.poa.usace.army.mil/Missions/Regulatory/Permits/Nationwide-Permits/. Regional
Conditions C, D, E, and F apply to your project.
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
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.
-2-
Please contact me via email at Emily.N.Vullo@usace.army.mil, by mail at the
address above, by phone at (907) 753-2704, or toll free from within Alaska at (800) 478-
2712, if you have questions or to request paper copies of the regional and/or general
conditions. For more information about the Regulatory Program, please visit our website
at www.poa.usace.army.mil/Missions/Regulatory.
Sincerely,
Emily Vullo
Project Manager
Enclosures
18. Minor Discharges
Minor discharges of dredged or fill material into all waters of the United States, provided
the activity meets all of the following criteria:
(a) The quantity of discharged dredged or fill material and the volume of area
excavated do not exceed 25 cubic yards below the plane of the ordinary high
water mark or the high tide line;
(b) The discharge of dredged or fill material will not cause the loss of more than
1/10-acre of waters of the United States; and
(c) The discharge of dredged or fill material is not placed for the purpose of a
stream diversion.
Notification: The permittee must submit a pre-construction notification to the district
engineer prior to commencing the activity if: (1) the discharge of dredged or fill material
or the volume of area excavated exceeds 10 cubic yards below the plane of the ordinary
high water mark or the high tide line, or (2) the discharge of dredged or fill material is in
a special aquatic site, including wetlands. (See general condition 32.) (Authorities:
Sections 10 and 404)
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-
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 Ser vice, 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.
DEPARTMENT OF THE ARMY
ALASKA DISTRICT, U.S. ARMY CORPS OF ENGINEERS
REGULATORY DIVISION
P.O. BOX 6898
JBER, AK 99506-0898
June 30, 2023
Regulatory Division
POA-2023-00188
Mr. Anthony Fletes
19387 #A Monestary Drive
Eagle River, AK 99577
Dear Mr. Fletes:
This is in response to your April 13, 2023, application for a Department of the Army
(DA) permit submitted on your behalf by Pannone Engineering Services, LLC, to
discharge up to 254.4 cubic yards of fill material into 0.05-acre of wetlands in order to
install a private on-site wastewater disposal system for an existing one-bedroom
dwelling. A sewer line from the existing home to the septic system will be installed in an
excavated then backfilled trench, 30-feet long by up to 4-feet wide. The septic tank will
be installed in an excavated then backfilled area 10.5-feet long by 8.5-feet wide, and a
discharge line from the septic tank to the drain field will be installed in an excavated
then backfilled trench 12-feet long by up to 4-feet wide. Up to 50.4 cubic yards of
excavated native material will be used as backfill. The system will be a mounded septic
system, with up to two feet of existing substrates excavated and backfilled for the drain
field. Up to 50 cubic yards of sand and four (4) cubic yards of drain rock will be
backfilled for the drain field. The drain field will be covered with up to 150 cubic yards of
fill material in a 32-foot by 49-foot (toe-to-toe) mound on top of the drain field and
surrounding wetlands. The project site is located at Latitude 61.3619° N,
Longitude 149.5209° W; 19387 #A Monastery Drive, in Eagle River, Alaska.
DA authorization is necessary because your project will involve placement of 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 1-4), dated April 11, 2023, is authorized by Nationwide Permit (NWP) No. 18,
Minor Discharges. Enclosed is a copy of the NWP No. 18, as well as the Regional and
General Conditions. These documents are also available on our website at
www.poa.usace.army.mil/Missions/Regulatory/Permits/Nationwide-Permits. The
following Regional Conditions apply to your project: C, D, E, and F. You must comply
with all terms and conditions associated with NWP No. 18.
-2-
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
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 roberta.k.budnik@usace.army.mil, by mail at the
address above, by phone at (907) 753-2785, 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,
Roberta K. Budnik
Project Manager
Enclosures
ENCLOSURE
US Army Corps of Engineers
Alaska District
Permit Number: POA-2023-00188
Name of Permittee: Anthony Fletes
Date of Issuance: June 30, 2023
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to Roberta Budnik 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
18. Minor Discharges
Minor discharges of dredged or fill material into all waters of the United States, provided the activity
meets all of the following criteria:
(a) The quantity of discharged dredged or fill material and the volume of area excavated do not
exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line;
(b) The discharge of dredged or fill material will not cause the loss of more than 1/10-acre of waters
of the United States; and
(c) The discharge of dredged or fill material is not placed for the purpose of a stream diversion.
Notification: The permittee must submit a pre-construction notification to the district engineer prior to
commencing the activity if: (1) the discharge of dredged or fill material or the volume of area
excavated exceeds 10 cubic yards below the plane of the ordinary high water mark or the high tide
line, or (2) the discharge of dredged or fill material is in a special aquatic site, including wetlands.
(See general condition 32.) (Authorities: Sections 10 and 404)
2021 Nationwide Permits General Conditions
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 form 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 Floodplain
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 Fills
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. The permittee 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 their action complies with the Migratory Bird Treaty Act and the
Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of
the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts 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) In cases where the district engineer determines that the activity may have the potential to cause effects to
properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not
authorized, 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. 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, which may include background research, consultation, oral history interviews, sample
field investigation, and 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.
Where the non- Federal applicant has identified historic properties on which the activity might have the
potential to cause effects and so notified the Corps, the non-Federal 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.
d) 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 Preservation (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
If you discover any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what
you 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, and 52 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 in the designated critical resource waters
including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs
only after it is determined 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 preconstruction 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-by-case 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 preconstruction 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-bycase 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)).
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)).
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 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)). 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 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 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
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 the 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 preconstruction 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 prospective 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
preconstruction 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-
Sli
'R '' 'T' —D (� —3 ' '1 1 j 7 1 / Sean Parnell, GOVERN
IA 1 117-3 !f 1 ji= i/\\ i 'Y j1/ A ` 555 CORDOVA
` ..A
1 . '< < ANCHORAGE, AK 995
/fl _ [I-1 \\J �� �1�1�_'� , L�i �1 `' U Phone: (907)269-7519
/ Fax: (907)269-3487
DEPT. OF ENVIRONMENTAL CONSERVATION i,` http://www.state.ak.us/dec/
DIVISION OF WATER t
WASTEWATER DISCHARGE PROGRAM /,
/
November 21, 2011
Jeffery A. Gamess, P.E.
3701 E. Tudor Road, Suite 101
Anchorage, Alaska 99507-12159
Re: The Shire Subdivision Lot 1 —Chugiak - Final Operational Approval for an Onsite Wastewater
Treatment and Disposal System - ADEC Plan Tracking Number 7916
Dear Mr. Garness:
On November 16, 2011 the Department received the documentation and the record drawings for the
onsite wastewater treatment and disposal system at The Shire Subdivision Lot 1. A new 1,250 gallon
two compartment Septic Tank with Effluent Pump (STEP) and a disposal system consisting of a new
mounded bed type soil absorption system (15' x 44') were installed for the three bedroom Duplex at the
above location.
The new 1,250 gallon STEP tank now pumps into an onsite soil absorption system, 660 ft2. The
disposal system per design has 2 feet of cover material and 2 inches of insulation over the drain rock
located to form the soil absorption bed. Beneath the distribution piping network and the drain rock layer
is at minimum of 2 foot in depth of sand meeting our specified filter sand requirement to assure a depth
to the local water table that is more than 4 feet and that the bedrock is at a depth that is 6 feet or more
below the drainrock.
The soil is a silty sand(SM). The percolation test result was consistent with results that were obtained
on Lot 2 with a value of 5 minutes per inch. The engineer selected an application rate of 0.7 gallons per
day per ft2. The soil absorption system was designed for up to 462 gallon per day total loading. The
expected engineering design load would be 150 gallons per day per bedroom for the three bedroom
duplex or 450 gallon per day.
The Department has reviewed the documentation and the record drawings submitted for the onsite
wastewater disposal and treatment system, and in accordance with Wastewater Regulations 18 AAC
72.240 final operational approval for the system is hereby issued. A "Certificate to Construct" for the
onsite wastewater treatment and disposal system is enclosed. Please use the referenced plan number in
correspondence regarding this system.
This approval does not imply the granting of additional authorizations nor obligate any state, federal or
local regulatory body to grant required authorizations.
Any person who disagrees with this decision may request an adjudicatory hearing in accordance with 18
AAC 15.195 - 18 AAC 15.340 or an informal review by the Division Director in accordance with 18
AAC 15.185. Informal review requests must be delivered to the Division Director, 555 Cordova
Street, Anchorage, Alaska 99501, within 15 days of receiving the decision. Guidance information on
the informal review process may be found at http://www.dec.state.ak.us/commish/ReviewGuidance.htm.
Adjudicatory hearings requests must be delivered to the Commissioner of the Department of
Environmental Conservation, 410 Willoughby Avenue, Suite 303, P.O. Box 111800, Juneau, Alaska
99801, within 30 days of the decision. If a hearing is not requested within 30 days, the right to appeal is
waived.
Thank you for your cooperation. If you have any questions please do not hesitate to contact me at 269-
7519.
Respectfully,
0.../.../6„.1./...e':7", r. 177
William R. Rieth, P.E.
Environmental Engineer
Enclosure: As stated
�,r r
`:.� .-.
' DI:P.\R 1'\IFN I' OF FN\ IRON\IFN F.\l. CONSERVATION TION ,':ti ""' • •• ''+S
( ONS FRU(l'ION AND OPER. FION CFRTIFIC.\fE :-y::4< V
;� ICOR -.
f.�` uo:t I•:S I,C 11'.\S i' :w.\FIR DISPOS.\l. Sl'S FENIS -write.
•
nt
.. APPROVAL 1.0 CONSTRUCT77J2e 14-4,1 79f C
• b lE'
Plans for the construction or modification of S - rig ► I z. --0 . - I.SX44'121-e-0/') domestic
wastewater disposal system, located in , Alaska, submitted in accordance with IS AAC 72.225
by (r-rtic-m2,a�d. Ur, Cr ry- i./fl ..r�have been rc‘iewed and are
El approved as submitted ryconditionaliy approved (see attached letter)
2(; ,,,I,Via..,-r-•- ate..ze A 2_s
IR, iL'wmgEngineer) IIiticr ��_J tl)ateui:\ ro,al)
If applicant fails to construct, alter, install, or modify the system within two years of the date of approval to construct,
approval is void, and plans must be resubmitted for Department review and approval.
13. APPROVED CHANCE ORDERS
Change(contract order number or descriptive reference)
•
i.Rc,lc%king Engineer) I rltle) IDate of.lppnnal)
C. APPROVAL 'f0 OPERATE
the "Interim Approval to Operate" section must he completed and signed by the Department before this domestic
yvastcwater disposal system is made available for use.
Interim .\pproNal to Operate:
D d 1
The construction of yr(Er I,-1tiK 1) zs C;4u_oo 16-x ' BED domestic „aslewater
disposal system was completed on 10 LIZ E'4+'t}}A}. 1 �.)2C 1I. I'he :);tem is hereby granted 1.\TERl. I
.WNW V;IL 10 OPER.I TE for 90 days following the completion date. It is illegal to ,operate the domestic
',,a,te«iter di,l,o,aI ;y,tcm he>Ond M) day s \'ithout Final Approval to Operate from the Department.
iit-
.._____
•i . . . t _ - I. !G, .flit,, t ,I tv• . di
Final \ppro►al to Operate:
ItcL .nl .fr.ra mg, and ,•rller .focurr:eats submitted to the 1)cl'.artmcrlt, mt. in tn,pecrwrn h:. the Dcpartrllent, has
eolitiimed.'ltat the domestic '•,,r,let,Aterdisposal system was constructed in substantial et'nformance '.tllhthe
.trl,r,',ed pl.tn:. I he ,'stem i, hereby. snouted F1.\'. IL I1'I'ROV IL 10 O1'F--R.I T1:-.
t/�lr`ta,�-v' 1�1, r zl`v rtLv7./.WL'ite4: �G E. !�`; 21 2 C i
_... , : 1 . ., ._,� I.c:� II�t: I \ll,
u. , . ,I,
NOV 16 2011
DEC
of Water Quality
Nlrs• .>,-hargu Program
Date Received ADEC Review Date and
State of Alaska Initial
Department of Environmental Conservation
Documentation of Construction
Part I. General Information
THE SHIRE LOT 1
Legal Description
Tax ID#(optional)
Submitted By El Registered Engineer 0 Approved Homeowner 0 Certified Installer No.
Installer Mailing PO BOX 672125 *CHUGIAK, AK 99567, (907)696-1805
Address&Phone
Part II. Wastewater Disposal
Onsite Wastewater 0 Single Family#of bedrooms 0 Duplex Total#of bedrooms 3
System Serves 0 Small Commercial Facility with Estimated Design flow of less than 500 gpd.-show calcs below
0 New System 0 Repair Existing System
System Installed By 0 Certified Installer Insallation Notification Date 8/26/1 1
❑Registered Engineer 0 Inspection by a Register Engineer
❑Approved Homeowner(attach approval letter) Date Installed 8/26-31/1 1
Septic Tank Size:1 250(STEP) #of Compartments: 2 Manufacturer: ANCHORAGE TANK
Type of Soil Absorption 0 Deep Trench 0 Shallow Trench 0 Seepage Pit 0 Bed 0 Mound
System ❑Other,specify
Soils Classification: SM Rating-sq ft/bedroom: 215
Absorption Area: 44' X 15' = 660 SQ. FT
Dimensions
Thickness/Depth of Distribution Rock: 1.1 6 Size of Rock: 3/4" —1 3/4"
Minutes per Inch 5 Sq.Ft.per bedroom N/A
Perc Test Results
Performed By: GEG, Ltd. (Attach results by sealed/signed registered engineer)
Ground Cover Over Septic Tank: 4'+ Absorption Area: *2'+ Sewer Pipes: 4'+
Cleanout Pipes/Caps Foundation Cleanout: YES Septic Tank: YES Monitor Tubes: YES
Separation Distances from septic tank or absorption area,whichever is closest,to all nearby
Public drinking water sources within 200 feet: **1 50'+ Private drinking water sources within 100 feet: 100'+
Nearest water bodies(see 18 AAC 72.020(b)): 100'+ Lot Line: 10'+
Separation Distances from On Lot Sewer Lines To Drinking Water Sources-Public:100'+ Private: 25'+
Separation Distances from Bottom of Distribution Rock to Groundwater Table:4'+ Bedrock: 6'+
Separation Distances from Absorption Area to Slope exceeding 25%: 50'+ a�000��4
OF A
Comments/Recommendations/Criteria used to size commercial facility: .6
*DRAINFIELD WAS INSULATED WITH 2" OF BLUEBOARD. �'•. . � s�—�00
**PROPOSED WELL HAS NO BEEN DRILLED TO DATE (9/8/1 1). �``�* A, n f� 4:_— - :*dQ
SEPTIC SYSTEM INSTALL. D EY DAN GREEN.
I certify th: the a r lye': o +'oc,and that provided in Section III,is correct
1- r Y A. Gern ss
Signatur; Print Name JEFFREY A. GARNESS, P.E. Q09 ..• /�C —79 .• \•c �
(10%. ..•.
�• .Zt �l ' • (��
Title,Reg/Cert,, i,In No.PRa -SIONAL ENGINEER Date 9/9/1 1 4p �ofess\°"°o�
NOTE:Must be signed by a' ed Installer,DEC staff or Approved Homeower.If Engineering seal beam printed name,registration number and is signed,thosei ' Icd not be
completed for engineer submittals.
1‘
AS-BUILT DRAWING
TESTHOLE #3 LOCATION SHOWN ON
DESIGN WAS APPROXIMATE. TESTHOLE
#3 LOCATION ON AS—BUILT IS BASED
UPON SWING TIES.
CSEPTIC
- - - - � AREA
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/ // 4. S,�L�, ' 43 € P'
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// // ,/: .. BUILDING \ NEW 1250 GALLON
/ ..:% `,w/' • S.T.E.P TANK.
/ / "• • /%. •"`:'' :r. '•' • FCO2 \ ALTERNATE SITE
/ / .�r '.' )11110.C61 ST1 / i
`'7 - Y:-:: r.• / Mit EXISTING MH ��
// j .•• BUILDING 1 I MTt ., _ J/
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• \\ / FCO1 14.36 2.84 -
/ FCO2 - 28.40 19.61 (,,
LOT '12 C01 27.35 - 41.56 V
• ' 1I /^ ST1 - 63.45 66.96
0
IST2 — 69.45 72.14
I� /��•� �♦ MH 71.18 73.58 v
O
15°', � �> MT1 - 103.53 106.27
MEL ''WS \ •/ MT2 - 101.08 108.61 0
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` I.- f .-- I MT3 - 140.38 147.46 S
E.
— — — I MT4 - 146.09 149.36 1" - 50'
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00
GARNESS ENGINEERING GROUP, Ltd. pow 4• THp",, O0
CONSULTANTS &GENERAL CONTRACTORS / • • D
3701 C. TUDOR ROAD. SUITE 101 •ANCNORADE.AK 99007• PHONE(907)337-6179 •FAX(907)336-3246•WEBSITE: grww.gorrtnisongineerIng.corn / o
PREPARED FOR: PHONE NUMBER: PAGE NUMBER: / 0
PAT LAMB 907-862-4154 2 OF 3 L fry A. G. . ess.. il
LEGAL DESCRIPTION: DRAWN BY: QOM. C -7.%.53 .-' .\�'
THE SHIRE LOT 1 PNB (1 f4. '-91.12-10..-• neo
TYPE OF WORK: DATE: �044OO�Q oT z
AS—BUILT DRAWING 9/7/11
III
AS-BUILT DRAWING
FINAL GRADE - 91.21-92.97
STI ST2 MH
TOP OF TANK G - > TOP OF TANK
AT INLET - 86.16 AT OUTLET - 86.16
NEW 1250 GALLON
INVERT OF BUNG S.T.E.P. TANK
AT INLET -85.53
V/
MOUND WAS TOPSOILED & SEEDED. FINAL GRADE
= 99.25+ INSULATION
TRIG
MT M
TH /1
SV-'3V.
3:l
ORIGINAL GRADE O •RIGINAL GRADE •SLOpCS
LOWEST POINT HIGHEST POINT
= 94.25 - 95.75
.:yv•t.A Yv-r'c,-,vtii, 4-:j.H.4....'ii-.i• i.`4s Mit..7•I.:.GII.•.�
TOP OF SAND ,4 •.i Xka d� .:.tih �":ra:...•r.4.v:•:%.1..-.. "i., _�.�w,.,,,,rS.'v:r;T.K-.;':,
= 95.75 ..
��:}.-• �.•:�iK�'YR;•:�cM!.f.}�,.�J..•'"::i':r;.:`e:'''�:•::.. �jl rr'h11•f.v.;�.� -
"•. yFILTEB 5' OF SAND :rk;:t; .,n . . _
;;lwtkFILTER .
INVERT OF DISTRIBUTION UNE 96.81(AVG.)
I- 15' WIDE 1 THE DISTRIBUTION UNE IS 1.25 INCH PVC WITH
BOTTOM OF BED } INCH HOLES SPACED EVENLY ON CENTER.
92.25-93.75 (10 HOLES PER LATERAL/30 HOLES TOTAL.
NOTE: DRAINFIELD CENTERED ON TESTHOLE
LOCATION. EXCAVATION LIMITED TO 2 FEET
DEEP FROM HIGHEST ORIGINAL GRADE SHOT.
OFIS 6.5 FEET
Illir RELATIVE ELEVATION OF BOTTOM OF TEST HOLE= 89.25(DRY) BOTTOMFEET+DABOVEO BEDROCK TABLE.CK TO 8.0
o 0, . �4p�
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c.., AAAA. . ,fs�0
GARNESS ENGINEERING GROUP, Ltd. t )..- '� i'1 -7 0
*_ 44.
CONSULTANTS 8 GENERAL CONTRACTORS ,
3701 E.TUDOR ROAD, SURE 101 •ANCHORAGE, AK 99507 • PHONE(907)337-6179 • FM (907)338-3246 •WEBSITE: www.garnesaenginee4ng.com VA
OVA
I WA
PREPARED FOR: PHONE NUMBER: PAGE NUMBER: 4 VA
PAT LAMB 907-862-4154 2 OF 3 i) ' f -y • Go ess.
LEGAL DESCRIPTION: DRAWN BY: 00 9 CE-79 • •MoD
THE SHIRE LOT 1 PNB 46r`e .•-'9�r2.,•1i'. �°jo
TYPE OF WORK: DATE: 40o4Pro f \O O
AS-BUILT DRAWING 9/7/11