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Nationwide 12 Permit Summary
<br />g. Suitable Fill. In Colorado, use of broken concrete as
<br />fill material requires notification to the District Engineer
<br />in accordance with General Condition 27 (Pre-
<br />Construction Notification). Permittees must demonstrate
<br />that soft engineering methods utilizing native or non-
<br />manmade materials are not practicable (with respect to
<br />cost, existing technology, and logistics), before broken
<br />concrete is allowed as suitable fill. Use of broken
<br />concrete with exposed rebar is prohibited in perennial
<br />waters and special aquatic sites.
<br />It. Invasive Aquatic Species. General Condition 11 is
<br />amended by adding the following condition for work in
<br />perennial or intermittent waters of the United States: If
<br />heavy equipment is used for the subject project that was
<br />previously working in another stream, river, lake, pond, or
<br />wetland within 10 days of initiating work, one the
<br />following procedures is necessary to prevent the spread of
<br />New Zealand Mud Snails and other aquatic hitchhikers:
<br />(1) Remove all mud and debris from equipment
<br />(tracks, turrets, buckets, drags, teeth, etc.) and keep
<br />the equipment dry for 10 days. OR
<br />(2) Remove all mud and debris from Equipment
<br />(tracks, turrets, buckets, drags, teeth, etc.) and
<br />spray/soak equipment with either a 1:1 solution of
<br />Formula 409 Household Cleaner and water, or a
<br />solution of Sparquat 256 (5 ounces Sparquat per
<br />gallon of water). Treated equipment must be kept
<br />moist for at least 10 minutes. OR
<br />(3) Remove all mud and debris from equipment
<br />(tracks, turrets, buckets, drags, teeth, etc.) and
<br />spray/soak equipment with water greater than 120
<br />degrees F for at least 10 minutes.
<br />3. Final Regional Conditions for Revocation/Special
<br />Notification Specific to Certain Geographic Areas
<br />i. Fens: All Nationwide permits, except permit Nos. 3,
<br />6, 20, 27, 32, 38 and 47, are revoked in fens and wetlands
<br />adjacent to fens. Use of nationwide permit Nos. 3, 20,27
<br />and 38, requires notification to the District Engineer, in
<br />accordance with General Condition 27 (Pre-Construction
<br />Notification), and the permittee may not begin the activity
<br />until the Corps determines the adverse environmental
<br />effects are minimal. The following defines a fen:
<br />Fen soils (histosols) are normally saturated
<br />throughout the growing season, although they may
<br />not be during drought conditions. The primary
<br />source of hydrology for fens is groundwater.
<br />Histosols are defined in accordance with the U.S.
<br />Department of Agriculture, Natural Resources
<br />Conservation Service publications on Keys to Soil
<br />Taxonomy and Field Indicators of Hydric Soils in the
<br />United States
<br />(http://soils.usda.goy/technicaUclassification/taxono
<br />MY)•
<br />j. Springs: Within the state of Colorado, all NWPs,
<br />except permit 47 (original `C'), require preconstruction
<br />notification pursuant to General Condition 27 for
<br />discharges of dredged or fill material within 100 feet of
<br />the point of groundwater discharge of natural springs. A
<br />Page 10
<br />spring source is defined as any location where
<br />groundwater emanates from a point in the ground. For
<br />purposes of this regional condition, springs do not include
<br />seeps or other discharges which do not have a defined
<br />channel.
<br />4. Additional Information
<br />The following provides additional information regarding
<br />minimization of impacts and compliance with existing
<br />general Conditions:
<br />a. Permittees are reminded of the existing General
<br />Condition No. 6 which prohibits the use of unsuitable
<br />material. Organic debris, building waste, asphalt, car
<br />bodies, and trash are not suitable material. Also, General
<br />Condition 12 requires appropriate erosion and sediment
<br />controls (i.e. all fills must be permanently stabilized to
<br />prevent erosion and siltation into waters and wetlands at
<br />the earliest practicable date). Streambed material or other
<br />small aggregate material placed along a bank as
<br />stabilization will not meet General Condition 12. Also,
<br />use of erosion control mates that contain plastic netting
<br />may not meet General Condition 12 if deemed harmful to
<br />wildlife.
<br />b. Designated Critical Resource Waters in Colorado. In
<br />Colorado, a list of designated Critical Resource Waters
<br />has been published in accordance with General Condition
<br />19 (Designated Critical Resource Waters). This list will
<br />be published on the Albuquerque District Regulatory
<br />home page 0http://www.spa.usace.armv.mil/ree11
<br />c. Federally-Listed Threatened and Endangered
<br />Species. General condition 17 requires that nod-federal
<br />permittees notify the District Engineer if any listed
<br />species or designated critical habitat might be affected or
<br />is in the vicinity of the project. Information on such
<br />species, to include occurrence by county in Colorado,
<br />may be found at the following U.S. Fish and Wildlife
<br />Service website:
<br />hn://www.fws.gov/mountain%2Dprairie/endspp/name c
<br />oM search.htm
<br />C. Further Information
<br />1. District Engineers have authority to determine if an activity
<br />complies with the terms and conditions of an NWP.
<br />2. NWPs do not obviate the need to obtain other federal, state,
<br />or local permits, approvals, or authorizations required by law.
<br />3. NWPs do not grant any property rights or exclusive
<br />privileges.
<br />4. NWPs do not authorize any injury to the property or rights
<br />of others.
<br />5. NWPs do not authorize interference with any existing or
<br />proposed Federal project.
<br />D. Definitions
<br />Best management practices (BMPs): Policies, practices,
<br />procedures, or structures implemented to mitigate the adverse
<br />environmental effects on surface water quality resulting from
<br />development. BMPs are categorized as structural or non-
<br />structural.
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