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Nationwide <br />Permit Summary <br />u s Army corps of 33 CFR Part 330; Issuance of Nationwide <br />Engineers Permits - March 19, 2007 includes <br />Sacramento District corrections of May 8, 2007 and addition of <br />regional conditions December 2007 <br />12. Utility Line Activities. Activities required for the <br />construction, maintenance, repair, and removal of utility lines <br />and associated facilities in waters of the United States, provided <br />the activity does not result in the loss of greater than 1/2 acre of <br />waters of the United States. <br />Utility lines: This NWP authorizes the construction, <br />maintenance, or repair of utility lines, including outfall and <br />intake structures, and the associated excavation, backfill, or <br />bedding for the utility lines, in all waters of the United States, <br />provided there is no change in pre-construction contours. A <br />"utility line" is defined as any pipe or pipeline for the <br />transportation of any gaseous, liquid, liquescent, or slurry <br />substance, for any purpose, and any cable, line, or wire for the <br />transmission for any purpose of electrical energy, telephone, and <br />telegraph messages, and radio and television communication. <br />The term "utility line" does not include activities that drain a <br />water of the United States, such as drainage tile or french drains, <br />but it does apply to pipes conveying drainage from another area. <br />Material resulting from trench excavation may be temporarily <br />sidecast into waters of the United States for no more than three <br />months, provided the material is not placed in such a manner <br />that it is dispersed by currents or other forces. The district <br />engineer may extend the period of temporary side casting for no <br />more than a total of 180 days, where appropriate. In wetlands, <br />the top 6 to 12 inches of the trench should normally be <br />backfilled with topsoil from the trench. The trench cannot be <br />constructed or backfilled in such a manner as to drain waters of <br />the United States (e.g., backfilling with extensive gravel layers, <br />creating a french drain effect). Any exposed slopes and stream <br />banks must be stabilized immediately upon completion of the <br />utility line crossing of each waterbody. <br />Utility line substations: This NWP authorizes the construction, <br />maintenance, or expansion of substation facilities associated <br />with a power line or utility line in non-tidal waters of the United <br />States, provided the activity, in combination with all other <br />activities included in one single and complete project, does not <br />result in the loss of greater than 1/2 acre of waters of the United <br />States. This NWP does not authorize discharges into non-tidal <br />wetlands adjacent to tidal waters of the United States to <br />construct, maintain, or expand substation facilities. <br />Foundations for overhead utility line towers, poles, and anchors: <br />This NWP authorizes the construction or maintenance of <br />foundations for overhead utility line towers, poles, and anchors <br />in all waters of the United States, provided the foundations are <br />the minimum size necessary and separate footings for each tower <br />leg (rather than a larger single pad) are used where feasible. <br />Access roads: This NWP authorizes the construction of access <br />roads for the construction and maintenance of utility lines, <br />including overhead power lines and utility line substations, in <br />non-tidal waters of the United States, provided the total <br />discharge from a single and complete project does not cause the <br />loss of greater than 1/2-acre of non-tidal waters of the United <br />States. This NWP does not authorize discharges into non-tidal <br />wetlands adjacent to tidal waters for access roads. Access roads <br />must be the minimum width necessary (see Note 2, below). <br />Access roads must be constructed so that the length of the road <br />minimizes any adverse effects on waters of the United States and <br />must be as near as possible to pre-construction contours and <br />elevations (e.g., at grade corduroy roads or geotextile/gravel <br />roads). Access roads constructed above pre-construction <br />contours and elevations in waters of the United States must be <br />properly bridged or culverted to maintain surface flows. <br />This NWP may authorize utility lines in or affecting navigable <br />waters of the United States even if there is no associated <br />discharge of dredged or fill material (See 33 CFR Part 322). <br />Overhead utility lines constructed over section 10 waters and <br />utility lines that are routed in or under section 10 waters without <br />a discharge of dredged or fill material require a section 10 <br />permit. <br />This NWP also authorizes temporary structures, fills, and work <br />necessary to conduct the utility line activity. Appropriate <br />measures must be taken to maintain normal downstream flows <br />and minimize flooding to the maximum extent practicable, when <br />temporary structures, work, and discharges, including <br />cofferdams, are necessary for construction activities, access fills, <br />or dewatering of construction sites. Temporary fills must consist <br />of materials, and be placed in a manner, that will not be eroded <br />by expected high flows. Temporary fills must be removed in <br />their entirety and the affected areas returned to pre-construction <br />elevations. The areas affected by temporary fills must be <br />revegetated, as appropriate. <br />Notification: The permittee must submit a pre-construction <br />notification to the district engineer prior to commencing the <br />activity if any of the following criteria are met: (1) the activity <br />involves mechanized land clearing in a forested wetland for the <br />utility line right-of-way; (2) a section 10 permit is required; (3) <br />the utility line in waters of the United States, excluding overhead <br />lines, exceeds 500 feet; (4) the utility line is placed within a <br />jurisdictional area (i.e., water of the United States), and it runs <br />parallel to a stream bed that is within that jurisdictional area; (5) <br />discharges that result in the loss of greater than 1/10-acre of <br />waters of the United States; (6) permanent access roads are <br />constructed above grade in waters of the United States for a <br />distance of more than 500 feet; or (7) permanent access roads are <br />constructed in waters of the United States with impervious <br />materials. (See general condition 27.) (Sections 10 and 404) <br />Note 1: Where the proposed utility line is constructed or <br />installed in navigable waters of the United States (i.e., section 10 <br />waters), copies of the pre-construction notification and NWP <br />verification will be sent by the Corps to the National Oceanic <br />and Atmospheric Administration (NOAA), National Ocean <br />Service (NOS), for charting the utility line to protect navigation. <br />Note 2: Access roads used for both construction and <br />maintenance may be authorized, provided they meet the terms <br />and conditions of this NWP. Access roads used solely for <br />construction of the utility line must be removed upon completion <br />of the work, accordance with the requirements for temporary <br />fills.