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Nationwide Permit (March 12, 2007) Finalized Regional Conditions for the State of Colorado Final Regional Conditions Applicable to Specific Nationwide Permits within Colorado a. Nationwide Permit Nos. 12 and 14, Utility Line Activities and Linear Transportation Projects. In the Colorado River Basin, utility line and road activities crossing perennial waters or special aquatic sites require notification to the District Engineer in accordance with General Condition 27 (Pre - Construction Notification). In addition, post- construction reporting for activities in all other jurisdictional waters is required and must include information required by General Condition 27 (Pre - Construction Notification) including location, supporting drawings and maps. The post- construction reporting must also include a statement certifying that the General Conditions of the nationwide permits have been followed. NOTE. The above condition does not apply in the Omaha District portion of Colorado. b. Nationwide Permit No. 13 Bank Stabilization. In Colorado, bank stabilization activities necessary for erosion prevention in streams that average less than 20 feet in width (measured between the ordinary high water marks) are limited to the placement of no more than 1/4 cubic yard of suitable fill` material per running foot below the plane of the ordinary high water mark. Activities greater than 1/4 cubic yard may be authorized if the permittee notifies the District Engineer in accordance with General Condition 27 (Pre - Construction Notification) and the Corps determines the adverse environmental effects are minimal. r See (g) for definition of Suitable Fill] c. Nationwide Permit No. 27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities. (1) For activities that include a fishery enhancement component, the Corps will send the Preconstruction Notification to the Colorado Division of Wildlife (CDOW) for review. In accordance with General Condition 27 (Pre - construction Notification), CDOW will have 10 days from receipt of Corps notification to indicate that they will be commenting on the proposed project CDOW will then have an additional 15 days after the initial 10-day period to provide those comments. If CDOW raises concerns, the applicant may either modify their plans, in coordination with CDOW, or apply for a standard individual permit. (2) For activities involving the length of a stream, the post - project stream sinuosity will not be significantly reduced, unless it is demonstrated that the reduction in sinuosity is consistent with the natural morphological evolution of the stream (sinuosity is the ratio of stream length to project reach length). (3) Structures will allow the upstream and downstream passage of aquatic organisms, including fish native to the reach, as well as recreational water craft or other navigational activities, unless specifically waived in writing by the District Engineer. The use of grout and /or concrete in building structures is not authorized by this nationwide permit. (4) The construction of water parks (i.e. kayak courses) and flood control projects are not authorized by this nationwide permit. d. Nationwide Permits Nos. 29 and 39; Residential Developments and Commercial and Institutional Developments. A copy of the existing FEMA/locally- approved floodplain map must be submitted with the Pre - Construction Notification. When reviewing proposed developments, the Corps will utilize the most accurate and reliable FEMA/locally- approved pre - project floodplain mapping, not post - project floodplain mapping based on a CLOMR or LOMB. However, the Corps will accept revisions to existing floodplain mapping if the revisions resolve inaccuracies in the original floodplain mapping and if the revisions accurately reflect pre- project conditions. NWP Finalized Regional Conditions for Colorado Page 1 of 4