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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.
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