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Nationwide 12 Permit Summary
<br />3. The permittee shall record the NWP verification with the
<br />Registrar of Deeds or other appropriate official charged with the
<br />responsibility for maintaining records of title to or interest in real
<br />property against areas (1) designated to be preserved as part of
<br />mitigation for authorized impacts, including any associated
<br />covenants or restrictions, or (2) where structures such as boat
<br />ramps or docks, marinas, piers, and permanently moored vessels
<br />will be constructed in or adjacent to navigable waters (Section
<br />10 and Section 404). The recordation shall also include a map
<br />showing the surveyed location of the authorized structure and
<br />any associated areas preserved to minimize or compensate for
<br />project impacts.
<br />4. The penmittee shall place wetlands, other aquatic areas, and
<br />any vegetative buffers preserved as part of mitigation for
<br />impacts into a separate "preserve" parcel prior to discharging
<br />dredged or fill material into waters of the United States, except
<br />where specifically determined to be impracticable by the
<br />Sacramento District. Permanent legal protection shall be
<br />established for all preserve parcels, following Sacramento
<br />District approval of the legal instrument.
<br />5. The permittee shall allow Corps representatives to inspect
<br />the authorized activity and any mitigation areas at any time
<br />deemed necessary to determine compliance with the terms and
<br />conditions of the NWP verification. The pemmittee will be
<br />notified in advance of an inspection.
<br />6. For NWPs 29, 39, 40, 42, 43, 44, and 46, requests to waive
<br />the 300 linear foot limitation for intermittent or ephemeral
<br />waters of the U.S. shall include an evaluation of functions and
<br />services provided by the waterbody taking into account the
<br />watershed, measures to be implemented to avoid and minimize
<br />impacts, other measures to avoid and minimize that were found
<br />to be impracticable, and a mitigation plan for offsetting impacts.
<br />7. Road crossings shall be designed to ensure fish passage,
<br />especially for anadromous fisheries. Permittees shall employ
<br />bridge designs that span the stream or river, utilize pier or pile
<br />supported structures, or involve large bottomless culverts with a
<br />natural streambed, where the substrate and streamflow
<br />conditions approximate existing channel conditions. Approach
<br />fills in waters of the United States below the ordinary high water
<br />mark are not authorized under the NWPs, except where
<br />avoidance has specifically been determined to be impracticable
<br />by the Sacramento District.
<br />8. For NWP 12, clay blocks, bentonite, or other suitable
<br />material shall be used to seal the trench to prevent the utility line
<br />from draining waters of the United States, including wetlands.
<br />9. For NWP 13, bank stabilization shall include the use of
<br />vegetation or other biotechnical design to the maximum extent
<br />practicable. Activities involving hard-armoring of the bank toe
<br />or slope requires submission of a PCN per General Condition 27.
<br />10. For NWP 23, the PCN shall include a copy of the signed
<br />Categorical Exclusion document and final agency
<br />determinations regarding compliance with Section 7 of the
<br />Endangered Species Act, Essential Fish Habitat under the
<br />Magnussen-Stevens Act, and Section 106 of the National
<br />Historic Preservation Act.
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<br />11. For NWP 44, the discharge shall not cause the loss of more
<br />than 300 linear feet of streambed. For intermittent and
<br />ephemeral streams, the 300 linear foot limit may be waived in
<br />writing by the Sacramento District. This NWP does-not
<br />authorize discharges in waters of the United States supporting
<br />anadromous fisheries.
<br />12. For NWPs 29 and 39, channelization or relocation of
<br />intermittent or perennial drainage, is not authorized, except
<br />when, as determined by the Sacramento District, the relocation
<br />would result in a net increase in functions of the aquatic
<br />ecosystem within the watershed.
<br />13. For NWP 33, temporary fills for construction access in
<br />waters of the United States supporting fisheries shall be
<br />accomplished with clean, washed spawning quality gravels
<br />where practicable as determined by the Sacramento District, in
<br />consultation with appropriate federal and state wildlife agencies.
<br />14. For NWP 46, the discharge shall not cause the loss of
<br />greater than 0.5 acres of waters of the United States or the loss
<br />of more than 300 linear feet of ditch, unless this 300 foot linear
<br />foot limit is waived in writing by the Sacramento District.
<br />15. For NWPs 29, 39, 40, 42, and 43, upland vegetated buffers
<br />shall be established and maintained in perpetuity, to the
<br />maximum extent practicable, next to all preserved open waters,
<br />streams and wetlands including created, restored, enhanced or
<br />preserved waters of the U.S., consistent with General Condition
<br />20. Except in unusual circumstances, vegetated buffers shall be
<br />at least 50 feet in width.
<br />16. All NWPs except 3, 6, 20, 27, 32, 38, and 47, are revoked
<br />for activities in histosols and fens and in wetlands contiguous
<br />with fens. Fens are defined as slope wetlands with a histic
<br />epipedon that are hydrologically supported by groundwater.
<br />Fens are normally saturated throughout the growing season,
<br />although they may not be during drought conditions. For NWPs
<br />3, 6, 20, 27, 32, and 38, prospective petmittees shall submit a
<br />PCN to the Sacramento District in accordance with General
<br />Condition 27.
<br />17. For all NWPs, when activities are proposed within 100 feet
<br />of the point of groundwater discharge of a natural spring,
<br />prospective permittees shall submit a PCN to the Sacramento
<br />District in accordance with General Condition 27. A spring
<br />source is defined as any location where ground water emanates
<br />from a point in the ground. For purposes of this condition,
<br />springs do not include seeps or other discharges which lack a
<br />defined channel.
<br />ll. California Only
<br />1. In the Lake Tahoe Basin, all NWPs are revoked. Activities
<br />in this area shall be authorized under Regional General Permit
<br />16 or through an individual permit.
<br />2. In the Primary and Secondary Zones of the Legal Delta,
<br />NWPs 29 and 39 are revoked. New development activities in
<br />the Legal Delta will be reviewed through the Corps' standard
<br />permit process.
<br />III. Nevada Only
<br />1. In the Lake Tahoe Basin, all NWPs are revoked. Activities
<br />in this area shall be authorized under Regional General Permit
<br />16 or through an individual permit.
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