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Nationwide 12 Permit Summary
<br />Note 3: Pipes or pipelines used to transport gaseous, liquid,
<br />liquescent, or slurry substances over navigable waters of the
<br />United States are considered to be bridges, not utility lines, and
<br />may require a permit from the U.S. Coast Guard pursuant to
<br />Section 9 of the Rivers and Harbors Act of 1899. However, any
<br />discharges of dredged or fill material into waters of the United
<br />States associated with such pipelines will require a section 404
<br />permit (see NWP 15)
<br />A. Nationwide Permit General Conditions
<br />Note: To qualify for NWP authorization, the prospective
<br />permittee must comply with the following general conditions, as
<br />appropriate, in addition to any regional or case-specific
<br />conditions imposed by the division engineer or district engineer.
<br />Prospective permittees should contact the appropriate Corps
<br />district office to determine if regional conditions have been
<br />imposed on an NWP. Prospective permittees should also contact
<br />the appropriate Corps district office to determine the status of
<br />Clean Water Act Section 401 water quality certification and/or
<br />Coastal Zone Management Act consistency for an NWP.
<br />? 1. Navigation.
<br />? (a) No activity may cause more than a minimal
<br />adverse effect on navigation.
<br />? (b) Any safety lights and signals prescribed by the
<br />U.S. Coast Guard, through regulations or otherwise, must
<br />be installed and maintained at the permittee's expense on
<br />authorized facilities in navigable waters of the United
<br />States.
<br />? (c) The permittee understands and agrees that, if
<br />future operations by the United States require the
<br />removal, relocation, or other alteration, of the structure or
<br />work herein authorized, or if, in the opinion of the
<br />Secretary of the Army or his authorized representative,
<br />said structure or work shall cause unreasonable
<br />obstruction to the free navigation of the navigable waters,
<br />the permittee will be required, upon due notice from the
<br />Corps of Engineers, to remove, relocate, or alter the
<br />structural work or obstructions caused thereby, without
<br />expense to the United States. No claim shall be made
<br />against the United States on account of any such removal
<br />or alteration.
<br />? 2. Aquatic Life Movements. No activity may
<br />substantially disrupt the necessary life cycle movements of those
<br />species of aquatic life indigenous to the waterbody, including
<br />those species that normally migrate through the area, unless the
<br />activity's primary purpose is to impound water. Culverts placed
<br />in streams must be installed to maintain low flow conditions.
<br />? 3 Spawning Areas. Activities in spawning areas during
<br />spawning seasons must be avoided to the maximum extent
<br />practicable. Activities that result in the physical destruction (e.g.,
<br />through excavation, fill, or downstream smothering by
<br />substantial turbidity) of an important spawning area are not
<br />authorized.
<br />? 4. Migratory Bird Breeding Areas. Activities in waters
<br />of the United States that serve as breeding areas for migratory
<br />birds must be avoided to the maximum extent practicable.
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<br />? 5. Shellfish Beds. No activity may occur in areas of
<br />concentrated shellfish populations, unless the activity is directly
<br />related to a shellfish harvesting activity authorized by NWPs 4
<br />and 48.
<br />? 6. Suitable Material. No activity may use unsuitable
<br />material (e.g., trash, debris, car bodies, asphalt, etc.). Material
<br />used for construction or discharged must be free from toxic
<br />pollutants in toxic amounts (see Section 307 of the Clean Water
<br />Act).
<br />? 7. Water Supply Intakes. No activity may occur in the
<br />proximity of a public water supply intake, except where the
<br />activity is for the repair or improvement of public water supply
<br />intake structures or adjacent bank stabilization.
<br />? S. Adverse Effects From Impoundments. If the activity
<br />creates an impoundment of water, adverse effects to the aquatic
<br />system due to accelerating the passage of water, and/or
<br />restricting its flow must be minimized to the maximum extent
<br />practicable.
<br />? 9. Management of Water Flows. To the maximum extent
<br />practicable, the pre-construction course, condition, capacity, and
<br />location of open waters must be maintained for each activity,
<br />including stream channelization and storm water management
<br />activities, except as provided below. The activity must be
<br />constructed to withstand expected high flows. The activity must
<br />not restrict or impede the passage of normal or high flows,
<br />unless the primary purpose of the activity is to impound water or
<br />manage high flows. The activity may alter the pre-construction
<br />course, condition, capacity, and location of open waters if it
<br />benefits the aquatic environment (e.g., stream restoration or
<br />relocation activities).
<br />? 10. Fills Within 100-Year Floodplains. The activity must
<br />comply with applicable FEMA-approved state or local
<br />floodplain management requirements.
<br />? 11. Equipment. Heavy equipment working in wetlands or
<br />mudflats must be placed on mats, or other measures must be
<br />taken to minimize soil disturbance.
<br />? 12. Soil Erosion and Sediment Controls. Appropriate soil
<br />erosion and sediment controls must be used and maintained in
<br />effective operating condition during construction, and all
<br />exposed soil and other fills, as well as any work below the
<br />ordinary high water mark or high tide line, must be permanently
<br />stabilized at the earliest practicable date. Permittees are
<br />encouraged to perform work within waters of the United States
<br />during periods of low-flow or no-flow.
<br />? 13. Removal of Temporary Fills. Temporary fills must be
<br />removed in their entirety and the affected areas returned to pre-
<br />construction elevations. The affected areas must be revegetated,
<br />as appropriate.
<br />? 14. Proper Maintenance. Any authorized structure or fill
<br />shall be properly maintained, including maintenance to ensure
<br />public safety.
<br />? 15. Wild and Scenic Rivers. No activity may occur in a
<br />component of the National Wild and Scenic River System, or in
<br />a river officially designated by Congress as a "study river" for
<br />possible inclusion in the system while the river is in an official
<br />study status, unless the appropriate Federal agency with direct
<br />management responsibility for such river, has determined in
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