HomeMy WebLinkAboutDRB140563_WETLANDS MITIGATION_1422379980.pdf Hepworth-Pawlak Geotechnical, Inc.
P.0.Drawer 1887
Geotech Shrne,Colorado 80498
Phone:one:970-468-1989
HEPWORTH-PAWLAK GEOTECHNICAL Fax:970-468-5891
email:hpgeo4@hpgeotech.com
WETLAND IMPACT ASSESSMENT AND
PRELMINARY MITIGATION PLAN
PROPOSED RESIDENCE
223 BEAVER DAM ROAD
LOT 39, BLOCK 7,VAIL VILLAGE SUBDIVSION,FILING 1
VAIL,COLORADO
JOB NUMBER 414 168A
NOVEMBER 26,2014
PREPARED FOR:
BEARCAT ENGERGY,LLC
ATTN: KIETH EDWARDS
1225 17TH ST., SUITE 2420
DENVER, COLORADO 80202
Glenwood Springs 970-945-7988 • Parker 303-841-7119 • Colorado Springs 719-633-5562
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STUDY 1
SITE CONDITIONS 1
PROPOSED CONSTRUCTION 4
WETLAND DELINEATION 4
THREATENED AND ENDANGERED SPECIES 5
HISTORIC RESOURCES 6
PROPOSED WETLAND IMPACTS 6
IMPACT JUSTIFICATION, AVOIDANCE AND MINIMIZATION 6
MITIGATION 9
CONSTRUCTION OVERSIGHT AND MONITORING 9
LIMITATIONS 10
FIGURES
FIGURE 1 -WETLAND SITE PLAN
ATTACHMENTS
NATIONWIDE PERMIT NO. 29 SUMMARY
NATIONWIDE PERMIT PRE-CONSTRUCTION NOTIFICATION FORM
USGS TOPOGRAPHIC MAP
PURPOSE AND SCOPE OF STUDY
This report presents a wetland impact assessment and mitigation plan for proposed
impacts to wetlands from development of the property. The owner is proposing
permanent impacts to 0.03 acres of wetlands under Nationwide Permit No. 29
(Residential Developments). A copy the Nationwide Permit Summary is provided as an
attachment. We have also provided the Nationwide Permit Pre-Construction Notification
Form for the project. Our findings and recommendations are presented below. The
approximate site location is shown on a portion of the Vail West USGS Quadrangle,
which is provided as an attachment.
SITE CONDITIONS
The site is located within a developed residential neighborhood in the Town of Vail
municipal limits. Initial development of the area appears to have taken place in the mid-
1960s with partial to full redevelopment to many of the properties from the mid-1990s
through the present. The existing residence on the property was constructed in 1965
according to Eagle County Assessor's records. An aerial photograph showing property
boundaries in the near vicinity of the subject property is shown below.
Job No.414 168A 1
GecZtech
—Ts
•
•
-4:71-i...-4.ti le.:-. V + � f r t � 1
fts; .._.0„,1„,414:',. .~".• ,,, P-7-- '^ ":7-, .-;:,.. ,47,1 j,...4.:`..##44...,.:. ..;:...,.., .
...1.,•40,4,)
7 .i •40,4,<,12.4 7' 4.?, r ,jt, a ;;0. ~ oi '
I.;,r.:i Z**4) ,... ,..4,1,.,c./411:. ^ .. -.4 . ,-%,--,,,.. , „:...1,... -4. A 4411' 2 . ,
„ate. r .. ilk ''
P2 I ^ I 'tea}' i 1
z �r1 ,tea'... t -
411011,•
0
Parcel map courtesy of Eagle County GIS Department
Site Location Information:
• Section 7,T5S,R8OW, 6th PM
• USGS Quadrangle: Vail West, Colorado
• 39.641636°N, 106.382523 °W(WGS84)
• Nearest Stream RPW: Gore Creek
• Nearest TNW: Colorado River
• Wetland Type(s): Palustrine Scrub-Shrub (PSS2) and Palustrine Emergent(PEM2)
• Assessor's Parcel#: 2101-071-12-004
The subject property is bordered to the east and west by development residential
properties,to the south by Beaver Dam Road and to the north by Gore Creek
encompassed by Town of Vail owned open space.
We performed a wetland delineation of the property in accordance with the Army Corps
of Engineers 1987 Wetland Delineation Manual and Western Mountain Valleys and
Coast Regional Supplement. The Wetland Delineation Report was submitted under a
Job No.414 168A 2
c e tech
separate cover. There is an unnamed perennial stream that flows from south to north near
the western property boundary. The stream location and wetland delineation boundary is
shown on Figure 1. The largest portion of wetlands on the property lies on the western
side of the lot in connection with the stream. A small pocket of wetlands was also
identified on the east side of the property. Wetlands identified on the site are explained
further in the Wetland Delineation section of this report.
The site is located approximately 20 vertical feet above the edge of Gore Creek. Due to
the vertical separation between the project site and Gore Creek, the site was not suspected
to be within the 100-year floodplain. Based on the FEMA floodmap shown below,the
flood zone is primarily contained to the edge of bank on the south side of the creek. The
flood elevation in this area is between 8,125 and 8,130 feet MSL, which is well below
site elevations.
.. .
/�
Middle Creek 8j so
HEAD CIR 46 (2,764//
d) ZONE X //
el Ito/ ZONE AE0\.. ,
/
/
8120
.- • gee �> , o WEST Spraddle / I
co 41,74,_Bike Path
MEADOW Creek / la c
W 4 CO na �mo �/ WILL
��Da �h `�4�t�r 4*0 8 8/os�r % EAST
CP\''38 1 ZOf
co
GORE CREEK W -. ° ve. S4 40
co
0' DAM •046 . At 1.N Co
\IV'w�i ;s _ AApproximate Site Location '�'��, ;.0, .
ROAD
iT .....• ''''''' ''..
Job No-414 168A 3
GL.-istech
PROPOSED CONSTRUCTION
The existing single family residence is planned to be razed to allow for construction of a
duplex residence on the property. The proposed duplex layout is shown on Figure 1.
Construction of the residence will also include ancillary site development features, such
as driveways, decks, foundation dewatering. Potential construction induced impacts were
also considered as a part of this evaluation.
WETLAND DELINEATION
A representative of Hepworth-Pawlak Geotechnical,Inc.performed a wetland delineation
on the property on June 26,2014. The wetland boundary was flagged and numbers and
subsequently surveyed by Gore Range Surveying. Wetlands were identified utilizing
procedures outlined in the 1987 Army Corps of Engineers Wetland Delineation Manual
and the Mountain West Regional Supplement. The wetland boundary is shown on Figure
1. Approximately 5,452 square feet(0.13 acres) of wetlands were identified on the site.
The largest portion of wetlands (5,148 ft2),which is located on the western edge of the
property, is associated with a small perennial stream the flows near the western property
boundary and intersects the northwester property corner. A smaller island of wetlands
(304 ft2) is located near the eastern property boundary. No current direct connection to
Gore Creek was observed during our site reconnaissance; however, utilities may have
provided a dewatering pathway where wetlands may have historically been present. The
wetlands on the site were classified as palustrine, scrub-shrub, broad-leaved deciduous,
saturated to seasonally flooded(PSS1B-C)and palustrine, emergent,non-persistent,
saturated to seasonally flooded(PEM1B-C) as classified by the Cowardin classification
system. Wetland quality and vitality was found to be strongest in wetland area along the
western property boundary, especially in the area where the wetland boundary widens to
the east in the northwest property corner. The streambed becomes more incised moving
upstream to the south. Wetland vegetation was observed to be a mix of scrub-shrub and
emergent species. The scrub-shrub portions of the wetland complex were dominated by
Job No.414 168A 4
c e tech
mountain and grey willow,black twinberry,bog birch and speckled alder. Emergent
species consisted of dense stands of water foxtail grass, carex species, arrow-leaf
groundsel,cow parsnip and field horsetail. No fen wetlands or other specially protected
areas were observed on the property.
THREATENED AND ENDANGERED SPECIES
Based on information available from the U.S. Fish and Wildlife Service,there are 13
species listed as threatened, endangered or as candidate species that have the potential to
be located in Eagle County, Colorado. A species list is provided in Table 1 below. None
of the species listed below were observed on the site. Due to the limited nature of the
project scope and heavy development that has occurred in the area over the last 40 years,
impacts to threatened and endangered species are unlikely.
Table 1: U.S.Fish and Wildlife Service List of Threatened and Endangered Species in Eagle County,CO.
Birds
Greater sage-grouse (Centrocercus urophasianus) Candidate
Mexican Spotted owl (Strix occidentalis lucida) Threatened
Yellow-Billed Cuckoo (Coccyzus americanus) Candidate
Fishes
Bonytail chub(Gila elegans) Endangered
Colorado pikeminnow(Ptychocheilus Lucius) Endangered
Greenback Cutthroat trout(Oncorhynchus clarki ssp. Threatened
stomias)
Humpback chub(Gila cypha) Endangered
Razorback sucker(Xyrauchen texanus) Endangered
Flowering Plants
Penland Alpine Fen mustard(Eutrema penlandii) Threatened
Ute ladies'-tresses (Spiranthes diluvialis) Threatened
Job No.414 168A 5
Ge Ptech
Insects •
Uncompahgre Fritillary butterfly(Boloria acrocnema) Endangered
Mammals
Canada Lynx(Lynx canadensis) Threatened
North American wolverine (Gulo gulo luscus) Candidate
HISTORIC RESOURCES
No signs of cultural or archeological resources were found to be present at the site,which
would warrant a more detailed survey.
PROPOSED WETLAND IMPACTS
Based on our wetland delineation and the proposed development, impacts to wetlands on
the site will total 1,370 square feet(0.03 acres). Wetland impacts from the driveway on
the eastern unit of the duplex will total 304 square feet. Impacts from the deck and patio
construction of the western unit of the duplex will total 1,066 square feet. Impacts to
wetlands were considered necessary for access during construction of the residence,
future access around the rear of the residence, deck support and patio space consistent
with neighborhood standards of construction.
IMPACT JUSTIFICATION,AVOIDANCE AND MINIMIZATION
Based on the site development plans it was not possible to avoid all wetland impacts on
the project site;however, impacts have been minimized where practical. Measures take
for avoidance and minimization is outlined below.
Job No.414 168A 6
Gtech
Driveway Impacts: Permanent impacts to 304 square feet of wetlands on the east side of
the property are proposed for construction of the driveway access to the eastern unit of the
proposed duplex on the property. Justification of impacts is explained below.
• The need for impact of the 304 square feet area was primarily driven by the
following factors:
1. Required 20 feet front yard setback to the residence •
2. Driveway slope requirements
3. Turning radius requirements
• Based on the factors above it was not possible to design a driveway that avoided
this small pocket of wetlands. Alternative driveway alignments to the east duplex
unit were evaluated;however, given slope and turning radius requirements the
designers were unable to provide access to the proposed garage without wetland
impacts.
• This pockets of wetlands was of much lower quality than the wetlands on the
western side of the property with no obvious direct connection to Gore Creek.
More aggressive avoidance and minimization efforts were applied else ware on
the property.
Western Duplex Unit Impacts: Impacts to 1,066 square feet of wetlands on the northwest
corner of the western duplex unit are proposed. Explanation of avoidance and
minimization efforts and justification of unavoidable impacts is explained below.
• A total of 1,066 square feet of impacts is proposed from this portion of the
proposed construction. For the purposes of the permit application, we have
assumed that the impacts will be permanent. However, actual permanent features
within the wetland boundary will only consist of three deck piers (-21 ft2), a stone
access path(-460 ft2)and a small (-56 ft2)portion of patio. The remaining
impact area will be unavoidable construction related impacts that will be restored
with native vegetation post construction.
Job No.414 168A 7
Ge Ztech
• The owners and designers have provided HP Geotech with several house design
iterations since May 2014 for the property. Early design plans pushed the house
foundation much further west than it is currently shown. Following our wetland
delineation in July 2014, the designers were requested to move the house location
east again to further minimize impacts. Deck and patio locations were also altered
to minimize permanent impacts within the wetland boundary.
• The house layout shown on Figure 1 has minimized impacts to the maximum
extent practical,while maintaining the desired character and features of the
residence. Impacts are explained below.
1. Impacts from the deck, which extends off of the northwest corner of the
residence,have been reduced to permanent impacts of three, 3 feet
diameter deck piers. Original plans showed as many as six piers;however,
structural engineering was enhanced to limit the number of piers within
the wetland boundary.
2. The deck will maintain a minimum height of approximately 11 feet on the
south end to,which will allow re-vegetation following construction.
3. The owners wish to provide pathway around the west side of the residence
for access and maintenance. Earlier plans showed a relatively large cobble
area with filter fabric underneath and adjacent to the deck with slab
stepping stones. The filter fabric and cobble area has been eliminated
where slab stepping stones only will now be used allowing for re-
vegetation of the area following construction.
4. A site fill retaining wall will be required for driveway and turnaround
retainage for the western duplex unit. This will also be used for access
steps to the rear of the residence. This feature has been adjusted from
earlier iterations to minimize permanent impacts.
5. The patio,which extends off of the north of the western duplex toward
Gore Creek is proposed to account for approximately 56 square feet of the
permanent impacts and 185 square feet of the total impacts. Earlier
drawings showed the spa extending entirely within the wetland boundary
Job No.414 I68A 8
Gtech
which would nearly triple the total impact area. This was redesigned at the
request of HP Geotech prior to submittal of this document to reduce
impacts to the maximum extent practical as shown on Figure 1.
6. The total impact area assumes a construction impact area of 5 feet outside
of any permanent impacts.
• Impacts to higher quality wetland areas were avoided where possible.
MITIGATION
Onsite mitigation was determined to no be feasible on the property. Therefore,to
compensate for the proposed impact of approximately 1,370 square feet of wetlands,the
owner plan to utilize the Finger Rock Preserve mitigation bank,which is located in Routt
County, Colorado south of Steamboat Springs. A mitigation ratio of 1:1 or higher will be
required. Since the impact site lies outside of the mitigation bank watershed, a higher
mitigation rate will likely be required. Cost for mitigation at Finger Rock is currently
$120,000.00 per acre. Contact information for Finger Rock is provided below.
Finger Rock Preserve,LLC
Attn: Ren Martyn
3001 S. Lincoln Ave Suite E
Steamboat Springs, CO 80487
Phone: (970) 879-4546
Email: renmartyn@frpwetlandbank.com
CONSTRUCTION OVERSIGHT AND MONITORING
Proper construction preparation and oversight will be required at the site to prevent any
unintentional wetland impacts and to ensure that proposed impacts are minimized to that
allowed by the permit conditions. Recommendations are presented below.
Job No.414 168A 9
Gtech
1. Prior to any earthwork on the site, the wetland boundary should be clearly marked
and all onsite personnel should be made aware of the sensitive areas.
2. The wetland impact area boundary located northwest of the residence should be
clearly marked and protected. We recommend 6 feet minimum chain link fence
with silt fencing on the inside perimeter placed along the impact boundary an up
to the property boundary on the north end and up to at least wetland flag WL216
on the west end. We also recommend this protection for the driveway area from
approximately wetland flag WL222 to WL225. HP Geotech should verify the
wetland protection measures prior to any earthwork and provide continued
consultation and monitoring to limit potential unintentional impacts.
3. No storage of construction materials will be allowed in wetlands that are not
proposed for impact.
4. Following construction,HP Geotech will provide an evaluation and compliance
certification that the permit conditions were upheld. The compliance certification
will be submitted to the ACOS.
LIMITATIONS
This report has been prepared in accordance with generally accepted principles and
practices in this area at this time. We make no warranty either express or implied. The
conclusions and recommendations submitted in this report are based upon the data
obtained from our site reconnaissance, the proposed type of construction and our •
experience in the area.
This report has been prepared for the exclusive use by our client for design purposes and
permitting through the Town of Vail and the Army Corps of Engineers. We are not
responsible for technical interpretations by others of our information. As the project
evolves, we should provide continued consultation and field services during construction
to review and monitor the implementation of our recommendations, and to verify that the
Job No.414 168A 10
G Ztech
recommendations have been appropriately interpreted. Significant design changes may
require additional analysis or modifications to the recommendations presented herein.
Sincerely,
HEPWORTH-PAWLAK GEOTECHNICAL,INC.
[\.f
Jason A. Deem
Project Geologist
Reviewed by: JC
Job No.414 168A 1 I
GetPtech
v
GORE CREEK
�/ / .1.1111111111111110.--
_
r .�^ WL20ii
r , B N^ Ir
/
Proposed limits of Wetland — —
Impact Area I f „1na "�� l
(1,066f12 or 0.02 acres) _ _ 1
I,. J Patio IIIlb' . -- E'11 t
l: I N12f ....,4 4 , ..,:.„
0
, WETLANDS •..2�(� J 1 1
F, 5,148 ft2(0.12 acres) `'-m�+�(l��lt L
411 t,, ii
y _
41YfL28 �•.L2i7 1 Deck Its. ,.'W41....... . � � if '
tisr ........ .. -
NW r Ali
• \
__
\.: . ;ifir .tiL`•;.te _ ik..40,,_ -wwww- lirsiR
l.
041
, if
imp . 12,6 ,
v,L2_�n rs1S'. 171 LO �.._ '—'rr 411111:41•MerM
.....,_.,,L2,5 �J' 1
it l
l c �` ;.4114¢ 1, iwr,,,,,,,,/ ,----„:,
-�� ,� �� ,sL,a WETLANDS .w1io, 1WL- Q���� I 304 ft 0007 ■■1/ al — t ����� acres) 1 v
1 • ` ., - 1 S I \\\ NIN NL 11:0
-,-,-,:\ --------- 401.44 1
ill
V.L 22 J 1 �
t.223 \ `� 111.1.111/4111.40 �`r---.P '_IIPg
r". ----- N) , 11-1-1-", '--- .-f--,• - • ii--- 11114r 4,, • 411116- , -
\ - , . \, . ' ' _fie 0 po 0----1/411M-Al I I I 116-
as z
lb`.11111141r -,•
ill
III
:L2b .m
_Are:
a '-
I.)SW
_:r
i :
,,,.. BEAVER 0 A1 ROAD (50R.0.YJ.)
APPROXIMATE SCALE:
1 INCH = 30 FEET
I-IP 223 BEAVER DAM ROAD
414 168A GeOt@Ch FIGURE 1
HEPWORTH—PAWLAK GEOTECHNICAL WETLAND SITE PLAN
3. Regional Conditions for Utah
N at i o n vvI d e http://www.spk.usace.army.mil/Portals/12/documents/regula
tory/nwp/2012 nwps/2012-NWP-RC-UT.pdf
Permit Summary 4. Regional Conditions for Colorado.
U S Army Corps of 33 CFR Part 330; Issuance of Nationwide http://www.spk.usace.army.mil/Portals/12/documents/regula
Engineers Permits—March 19,2012 tory/nwp/2012 nwps//2012-NWP-RC-CO.pdf
Sacramento District
B. Nationwide Permit General Conditions
29. Residential Developments.D Discharges of dredged or fill Note:To qualify for NWP authorization,the prospective
material into non-tidal waters of the United States for the permittee must comply with the following general conditions,as
construction or expansion of a single residence,a multiple unit applicable,in addition to any regional or case-specific conditions
imposed by the division engineer or district engineer.
residential development,or a residential subdivision.This NWP
authorizes the construction of building foundations and building Prospective permittees should contact the appropriate Corps
pads and attendant features that are necessary for the use of the district office to determine if regional conditions have been
residenceimposed on an NWP.Prospective permittees should also contact
or residential development.Attendant features may
the appropriate Corps district office to determine the status of
include but are not limited to roads,parking lots,garages,yards, Clean Water Act Section 401 water quality certification and/or
utility lines,storm water management facilities,septic fields,and Coastal Zone Management Act consistency for an NWP.Every
recreation facilities such as playgrounds,playing fields,and golf person who may wish to obtain permit authorization under one
courses(provided the golf course is an integral part of the or more NWPs,or who is currently relying on an existing or
residential development). prior permit authorization under one or more NWPs,has been
The discharge must not cause the loss of greater than 1/2-acre of and is on notice that all of the provisions of 33 CFR§§330.1
non-tidal waters of the United States,including the loss of no through 330.6 apply to every NWP authorization.Note
more than 300 linear feet of stream bed,unless for intermittent especially 33 CFR§330.5 relating to the modification,
and ephemeral stream beds the district engineer waives the 300 suspension,or revocation of any NWP authorization.
linear foot limit by making a written determination concluding ❑ 1. Navigation.
that the discharge will result in minimal adverse effects.This
NWP does not authorize discharges into non-tidal wetlands 0 (a) No activity may cause more than a minimal
adjacent to tidal waters. adverse effect on navigation.
Subdivisions:For residential subdivisions,the aggregate total ❑ (b) Any safety lights and signals prescribed by the
loss of waters of United States authorized by this NWP cannot U.S.Coast Guard,through regulations or otherwise,must
exceed 1/2-acre.This includes any loss of waters of the United be installed and maintained at the permittee's expense on
States associated with development of individual subdivision authorized facilities in navigable waters of the United
lots. States.
Notification:The permittee must submit a pre-construction 0 (c)The permittee understands and agrees that,if
notification to the district engineer prior to commencing the future operations by the United States require the
activity.(See general condition 31.)(Sections 10 and 404) removal,relocation,or other alteration,of the structure or
work herein authorized,or if,in the opinion of the
Secretary of the Army or his authorized representative,
A. Regional Conditions said structure or work shall cause unreasonable
1. Regional Conditions for California,excluding the obstruction to the free navigation of the navigable waters,
Tahoe Basin the permittee will be required,upon due notice from the
Corps of Engineers,to remove,relocate,or alter the
http://www.spk.usace.army.mil/Portals/12/documents/regula structural work or obstructions caused thereby,without
tory/nwp/2012 nwps/2012-NWP-RC-CA.pdf expense to the United States.No claim shall be made
2. Regional Conditions for Nevada,including the against the United States on account of any such removal
Tahoe Basin or alteration.
http://www.spk.usace.army.mi I/Portals/12/documents/regula
tory/nwp/2012 nwps/2012-NWP-RC-NV.pdf
BUILDING STRONG®
U.S. ARMY CORPS OF ENGINEERS—SACRAMENTO DISTRICT
1325 J ST.—SACRAMENTO, CA 95814
www.spk.usace.armv.mil
www.facebook.com/sacramentodistrict
www.voutube.com/sacramentodistrict
www.twitter.com/USACESacramento
www.flickr.com/photos/sacramentodistrict
Nationwide 29 Permit Summary Page 2
❑ 2. Aquatic Life Movements.No activity may 0 12. Soil Erosion and Sediment Controls.Appropriate soil
substantially disrupt the necessary life cycle movements of those erosion and sediment controls must be used and maintained in
species of aquatic life indigenous to the waterbody,including effective operating condition during construction,and all
those species that normally migrate through the area,unless the exposed soil and other fills,as well as any work below the
activity's primary purpose is to impound water.All permanent ordinary high water mark or high tide line,must be permanently
and temporary crossings of waterbodies shall be suitably stabilized at the earliest practicable date.Permittees are
culverted,bridged,or otherwise designed and constructed to encouraged to perform work within waters of the United States
maintain low flows to sustain the movement of those aquatic during periods of low-flow or no-flow.
species.
0 13. Removal of Temporary Fills.Temporary fills must be
❑ 3. Spawning Areas.Activities in spawning areas during removed in their entirety and the affected areas returned to pre-
spawning seasons must be avoided to the maximum extent construction elevations.The affected areas must be revegetated,
practicable.Activities that result in the physical destruction(e.g., as appropriate.
through excavation,fill,or downstream smothering by
0 14. Proper Maintenance.Any authorized structure or fill
substantial turbidity)of an important spawning area are not shall be properly maintained,including maintenance to ensure
authorized. public safety and compliance with applicable NWP general
O 4. Migratory Bird Breeding Areas.Activities in waters conditions,as well as any activity-specific conditions added by
of the United States that serve as breeding areas for migratory the district engineer to an NWP authorization.
birds must be avoided to the maximum extent practicable.
0 15. Single and Complete Project.The activity must be a
❑ 5. Shellfish Beds.No activity may occur in areas of single and complete project.The same NWP cannot be used
concentrated shellfish populations,unless the activity is directly more than once for the same single and complete project.
related to a shellfish harvesting activity authorized by NWPs 4 ❑ 16. Wild and Scenic Rivers.No activity may occur in a
and 48,or is a shellfish seeding or habitat restoration activity component of the National Wild and Scenic River System,or in
authorized by NWP 27. a river officially designated by Congress as a"study river"for
O 6. Suitable Material.No activity may use unsuitable possible inclusion in the system while the river is in an official
material(e.g.,trash,debris,car bodies,asphalt,etc.).Material study status,unless the appropriate Federal agency with direct
used for construction or discharged must be free from toxic management responsibility for such river,has determined in
pollutants in toxic amounts(see Section 307 of the Clean Water writing that the proposed activity will not adversely affect the
Act). Wild and Scenic River designation or study status.Information
❑ 7. Water Supply Intakes.No activity may occur in the on Wild and Scenic Rivers may be obtained from the appropriate
proximity of a public water supply intake,except where the Federal land management agency responsible for the designated
activity is for the repair or improvement of public water supply Wild and Scenic River or study river(e.g.,National Park
intake structures or adjacent bank stabilization. Service,U.S.Forest Service,Bureau of Land Management,U.S.
Fish and Wildlife Service).
O 8. Adverse Effects From Impoundments.If the activity
0 17. Tribal Rights.No activity or its operation may impair
creates an impoundment of water,adverse effects to the aquatic reserved tribal rights,including,but not limited to,reserved
system due to accelerating the passage of water,and/or water rights and treaty fishing and hunting rights.
restricting its flow must be minimized to the maximum extent
practicable. 0 18. Endangered Species.
❑ 9. Management of Water Flows.To the maximum extent 0 (a) No activity is authorized under any NWP which
practicable,the pre-construction course,condition,capacity,and is likely to directly or indirectly jeopardize the continued
location of open waters must be maintained for each activity, existence of a threatened or endangered species or a
including stream channelization and storm water management species proposed for such designation,as identified under
activities,except as provided below.The activity must be the Federal Endangered Species Act(ESA),or which will
constructed to withstand expected high flows.The activity must directly or indirectly destroy or adversely modify the
not restrict or impede the passage of normal or high flows, critical habitat of such species.No activity is authorized
unless the primary purpose of the activity is to impound water or under any NWP which"may affect"a listed species or
manage high flows.The activity may alter the pre-construction critical habitat,unless Section 7 consultation addressing
course,condition,capacity,and location of open waters if it the effects of the proposed activity has been completed.
benefits the aquatic environment(e.g.,stream restoration or
0 (b) Federal agencies should follow their own
relocation activities). procedures for complying with the requirements of the
El 10. Fills Within 100-Year Floodplains.The activity must ESA.Federal permittees must provide the district
comply with applicable FEMA-approved state or local engineer with the appropriate documentation to
floodplain management requirements. demonstrate compliance with those requirements.The
0 11. Equipment.Heavy equipment working in wetlands or district engineer will review the documentation and
mudflats must be placed on mats,or other measures must be determine whether it is sufficient to address ESA
taken to minimize soil disturbance. compliance for the NWP activity,or whether additional
ESA consultation is necessary.
Nationwide 29 Permit Summary Page 3
❑ (c) Non-federal permittees must submit a pre- Bald and Golden Eagle Protection Act.The permittee should
construction notification to the district engineer if any contact the appropriate local office of the U.S.Fish and Wildlife
listed species or designated critical habitat might be Service to determine if such"take"permits are required for a
affected or is in the vicinity of the project,or if the project particular activity.
is located in designated critical habitat,and shall not ❑ 20. Historic Properties.
begin work on the activity until notified by the district
engineer that the requirements of the ESA have been ❑ (a) In cases where the district engineer determines
satisfied and that the activity is authorized.For activities that the activity may affect properties listed,or eligible for
that might affect Federally-listed endangered or listing,in the National Register of Historic Places,the
threatened species or designated critical habitat,the pre- activity is not authorized,until the requirements of
construction notification must include the name(s)of the Section 106 of the National Historic Preservation Act
endangered or threatened species that might be affected (NHPA)have been satisfied.
by the proposed work or that utilize the designated critical ❑ (b) Federal permittees should follow their own
habitat that might be affected by the proposed work.The
district engineer will determine whether the proposed procedures for complying with the requirements of
activity"may affect"or will have"no effect"to listed Section 106 of the National Historic Preservation Act.
species and designated critical habitat and will notify the Federal permittees must provide the district engineer with
non-Federal applicant of the Corps'determination within the appropriate documentation to demonstrate compliance
45 days of receipt of a complete pre-construction with those requirements.The district engineer will review
notification.In cases where the non-Federal applicant has the documentation and determine whether it is sufficient
identified listed species or critical habitat that might be to address section 106 compliance for the NWP activity,
affected or is in the vicinity of the project,and has so or whether additional section 106 consultation is
notified the Corps,the applicant shall not begin work until necessary.
the Corps has provided notification the proposed activities ❑ (c) Non-federal permittees must submit a pre-
will have"no effect"on listed species or critical habitat, construction notification to the district engineer if the
or until Section 7 consultation has been completed.If the authorized activity may have the potential to cause effects
non-Federal applicant has not heard back from the Corps to any historic properties listed on,determined to be
within 45 days,the applicant must still wait for eligible for listing on,or potentially eligible for listing on
notification from the Corps. the National Register of Historic Places,including
❑ (d)As a result of formal or informal consultation previously unidentified properties.For such activities,the
with the FWS or NMFS the district engineer may add pre-construction notification must state which historic
species-specific regional endangered species conditions to properties may be affected by the proposed work or
the NWPs. include a vicinity map indicating the location of the
historic properties or the potential for the presence of
❑ (e) Authorization of an activity by a NWP does not historic properties.Assistance regarding information on
authorize the"take"of a threatened or endangered species the location of or potential for the presence of historic
as defined under the ESA.In the absence of separate resources can be sought from the State Historic
authorization(e.g.,an ESA Section 10 Permit,a Preservation Officer or Tribal Historic Preservation
Biological Opinion with"incidental take"provisions,etc.) Officer,as appropriate,and the National Register of
from the U.S.FWS or the NMFS,The Endangered Historic Places(see 33 CFR 330.4(g)).When reviewing
Species Act prohibits any person subject to the pre-construction notifications,district engineers will
jurisdiction of the United States to take a listed species, comply with the current procedures for addressing the
where"take"means to harass,harm,pursue,hunt,shoot, requirements of Section 106 of the National Historic
wound,kill,trap,capture,or collect,or to attempt to Preservation Act.The district engineer shall make a
engage in any such conduct.The word"harm"in the reasonable and good faith effort to cavy out appropriate
definition of"take"means an act which actually kills or identification efforts,which may include background
injures wildlife.Such an act may include significant research,consultation,oral history interviews,sample
habitat modification or degradation where it actually kills field investigation,and field survey.Based on the
or injures wildlife by significantly impairing essential information submitted and these efforts,the district
behavioral patterns,including breeding,feeding or engineer shall determine whether the proposed activity
sheltering. has the potential to cause an effect on the historic
❑ (f) Information on the location of threatened and properties.Where the non-Federal applicant has identified
endangered species and their critical habitat can be historic properties on which the activity may have the
potential to cause effects and so notified
obtained directly from the offices of the U.S.FWS and the Corps,the
NMFS or their world wide web pages at non-Federal applicant shall not begin the activity until
http://www.fws.gov/or http://www.fws.gov/ipac and notified by the district engineer either that the activity has
http://www.noaa.gov/fisheries.html respectively. no potential to cause effects or that consultation under
Section 106 of the NHPA has been completed.
0 19. Migratory Birds and Bald and Golden Eagles.The ❑ (d) The district engineer will notify the prospective
permittee is responsible for obtaining any"take"permits
required under the U.S.Fish and Wildlife Service's regulations permittee within 45 days of receipt of a complete pre-
governing compliance with the Migratory Bird Treaty Act or the construction notification whether NHPA Section 106
consultation is required.Section 106 consultation is not
Nationwide 29 Permit Sununary Page 4
required when the Corps determines that the activity does 0 (b) For NWPs 3,8, 10, 13, 15, 18, 19,22,23,25,27,
not have the potential to cause effects on historic 28,30,33,34,36,37,and 38,notification is required in
properties(see 36 CFR§800.3(a)).If NHPA section 106 accordance with general condition 31,for any activity
consultation is required and will occur,the district proposed in the designated critical resource waters
engineer will notify the non-Federal applicant that he or including wetlands adjacent to those waters.The district
she cannot begin work until Section 106 consultation is engineer may authorize activities under these NWPs only
completed.If the non-Federal applicant has not heard after it is determined that the impacts to the critical
back from the Corps within 45 days,the applicant must resource waters will be no more than minimal.
still wait for notification from the Corps.
0 23. Mitigation.The district engineer will consider the
0 (e) Prospective permittees should be aware that following factors when determining appropriate and practicable
section 110k of the NHPA(16 U.S.C.470h-2(k))prevents mitigation necessary to ensure that adverse effects on the aquatic
the Corps from granting a permit or other assistance to an environment are minimal:
applicant who,with intent to avoid the requirements of
0 (a) The activity must be designed and constructed
Section 106 of the NHPA,has intentionally significantly to avoid and minimize adverse effects,both temporary
adversely affected a historic property to which the permit and permanent,to waters of the United States to the
would relate,or having legal power to prevent it,allowed maximum extent practicable at the project site(i.e.,on
such significant adverse effect to occur,unless the Corps, site).
after consultation with the Advisory Council on Historic
Preservation(ACHP),determines that circumstances 0 (b) Mitigation in all its forms(avoiding,minimizing,
justify granting such assistance despite the adverse effect rectifying,reducing,or compensating for resource losses)
created or permitted by the applicant.If circumstances will be required to the extent necessary to ensure that the
justify granting the assistance,the Corps is required to adverse effects to the aquatic environment are minimal.
notify the ACNP and provide documentation specifying
0 (c) Compensatory mitigation at a minimum one-for-
the circumstances,the degree of damage to the integrity one ratio will be required for all wetland losses that
of any historic properties affected,and proposed exceed 1/10-acre and require pre-construction
mitigation.This documentation must include any views
obtained from the applicant,SHPO/THPO,appropriate notification,unless the district engineer determines in
Indian tribes if the undertaking occurs on or affects writing that either some other form of mitigation would
historic properties on tribal lands or affects properties of be more environmentally appropriate or the adverse
interest to those tribes,and other parties known to have a effects of the proposed activity are minimal,and provides
legitimate interest in the impacts to the permitted activity a project-specific waiver of this requirement.For wetland
on historic properties. losses of 1/10-acre or less that require pre-construction
notification,the district engineer may determine on a
0 21. Discovery of Previously Unknown Remains and case-by-case basis that compensatory mitigation is
Artifacts.If you discover any previously unknown historic, required to ensure that the activity results in minimal
cultural or archeological remains and artifacts while adverse effects on the aquatic environment.
accomplishing the activity authorized by this permit,you must Compensatory mitigation projects provided to offset
immediately notify the district engineer of what you have found, losses of aquatic resources must comply with the
and to the maximum extent practicable,avoid construction applicable provisions of 33 CFR part 332.
activities that may affect the remains and artifacts until the ❑ (1)The prospective permittee is responsible for
required coordination has been completed.The district engineer
will initiate the Federal,Tribal and state coordination required to proposing an appropriate compensatory mitigation
determine if the items or remains warrant a recovery effort or if option if compensatory mitigation is necessary to
the site is eligible for listing in the National Register of Historic ensure that the activity results in minimal adverse
Places. effects on the aquatic environment.
❑ 22. Designated Critical Resource Waters.Critical 0 (2)Since the likelihood of success is greater and
resource waters include,NOAA-managed marine sanctuaries the impacts to potentially valuable uplands are
and marine monuments,and National Estuarine Research reduced,wetland restoration should be the first
Reserves.The district engineer may designate,after notice and compensatory mitigation option considered.
opportunity for public comment,additional waters officially 0 (3)If permittee-responsible mitigation is the
designated by a state as having particular environmental or proposed option,the prospective permittee is
ecological significance,such as outstanding national resource responsible for submitting a mitigation plan.A
waters or state natural heritage sites.The district engineer may conceptual or detailed mitigation plan may be used
also designate additional critical resource waters after notice and by the district engineer to make the decision on the
opportunity for public comment. NWP verification request,but a final mitigation plan
❑ (a) Discharges of dredged or fill material into that addresses the applicable requirements of 33 CFR
waters of the United States are not authorized by NWPs 7, 332.4(c)(2)-(14)must be approved by the district
12, 14, 16, 17,21,29,31,35,39,40,42,43,44,49,50, engineer before the permittee begins work in waters
51,and 52 for any activity within,or directly affecting, of the United States,unless the district engineer
critical resource waters,including wetlands adjacent to determines that prior approval of the final mitigation
such waters. plan is not practicable or not necessary to ensure
Nationwide 29 Permit Summary Page 5
timely completion of the required compensatory responsible mitigation.For activities resulting in the loss
mitigation(see 33 CFR 332.3(k)(3)). of marine or estuarine resources,permittee-responsible
El (4)If mitigation bank or in-lieu fee program compensatory mitigation may be environmentally
credits are the proposed option,the mitigation plan preferable if there are no mitigation banks or in-lieu fee
only needs to address the baseline conditions at the programs in the area that have marine or estuarine credits
impact site and the number of credits to be provided. available for sale or transfer to the permittee.For
permittee-responsible mitigation,the special conditions of
0 (5)Compensatory mitigation requirements(e.g., the NWP verification must clearly indicate the party or
resource type and amount to be provided as parties responsible for the implementation and
compensatory mitigation,site protection,ecological performance of the compensatory mitigation project,and,
performance standards,monitoring requirements) if required,its long-term management.
may be addressed through conditions added to the (h)Where certain functions and services of waters of the
NWP authorization,instead of components of a United States are permanently adversely affected,such as
compensatory mitigation plan. the conversion of a forested or scrub-shrub wetland to a
❑ (d) For losses of streams or other open waters that herbaceous wetland in a permanently maintained utility
require pre-construction notification,the district engineer line right-of-way,mitigation may be required to reduce
may require compensatory mitigation,such as stream the adverse effects of the project to the minimal level.
rehabilitation,enhancement,or preservation,to ensure
0 24. Safety of Impoundment Structures.To ensure that all
that the activity results in minimal adverse effects on the impoundment structures are safely designed,the district engineer
aquatic environment. may require non-Federal applicants to demonstrate that the
❑ (e) Compensatory mitigation will not be used to structures comply with established state dam safety criteria or
increase the acreage losses allowed by the acreage limits have been designed by qualified persons.The district engineer
of the NWPs.For example,if an NWP has an acreage may also require documentation that the design has been
limit of 1/2-acre,it cannot be used to authorize any independently reviewed by similarly qualified persons,and
project resulting in the loss of greater than 1/2-acre of appropriate modifications made to ensure safety.
waters of the United States,even if compensatory ❑ 25. Water Quality.Where States and authorized Tribes,or
mitigation is provided that replaces or restores some of EPA where applicable,have not previously certified compliance
the lost waters.However,compensatory mitigation can of an NWP with CWA Section 401,individual 401 Water
and should be used,as necessary,to ensure that a project Quality Certification must be obtained or waived(see 33 CFR
already meeting the established acreage limits also 330.4(c)).The district engineer or State or Tribe may require
satisfies the minimal impact requirement associated with additional water quality management measures to ensure that the
the NWPs. authorized activity does not result in more than minimal
❑ (0 Compensatory mitigation plans for projects in or degradation of water quality.
near streams or other open waters will normally include a
0 26. Coastal Zone Management.In coastal states where an
requirement for the restoration or establishment, NWP has not previously received a state coastal zone
maintenance,and legal protection(e.g.,conservation management consistency concurrence,an individual state coastal
easements)of riparian areas next to open waters.In some zone management consistency concurrence must be obtained,or
cases,riparian areas may be the only compensatory a presumption of concurrence must occur(see 33 CFR 330.4(d)).
mitigation required.Riparian areas should consist of The district engineer or a State may require additional measures
native species.The width of the required riparian area will to ensure that the authorized activity is consistent with state
address documented water quality or aquatic habitat loss coastal zone management requirements.
concerns.Normally,the riparian area will be 25 to 50 feet
wide on each side of the stream,but the district engineer 0 27. Regional and Case-By-Case Conditions.The activity
may require slightly wider riparian areas to address must comply with any regional conditions that may have been
documented water quality or habitat loss concerns.If it is added by the Division Engineer(see 33 CFR 330.4(e))and with
not possible to establish a riparian area on both sides of a any case specific conditions added by the Corps or by the state,
stream,or if the waterbody is a lake or coastal waters, Indian Tribe,or U.S.EPA in its section 401 Water Quality
then restoring or establishing a riparian area along a Certification,or by the state in its Coastal Zone Management
single bank or shoreline may be sufficient.Where both Act consistency determination.
wetlands and open waters exist on the project site,the
0 28. Use of Multiple Nationwide Permits.The use of
district engineer will determine the appropriate more than one NWP for a single and complete project is
compensatory mitigation(e.g.,riparian areas and/or prohibited,except when the acreage loss of waters of the United
wetlands compensation)based on what is best for the States authorized by the NWPs does not exceed the acreage limit
aquatic environment on a watershed basis.In cases where of the NWP with the highest specified acreage limit. For
riparian areas are determined to be the most appropriate example,if a road crossing over tidal waters is constructed under
form of compensatory mitigation,the district engineer NWP 14,with associated bank stabilization authorized by NWP
may waive or reduce the requirement to provide wetland 13,the maximum acreage loss of waters of the United States for
compensatory mitigation for wetland losses. g
the total project cannot exceed 1/3-acre.
❑ (g) Permittees may propose the use of mitigation
banks,in-lieu fee programs,or separate permittee-
Nationwide 29 Permit Summary Page 6
❑ 29. Transfer of Nationwide Permit Verifications.If the complete only once.However,if the prospective
permittee sells the property associated with a nationwide permit permittee does not provide all of the requested
verification,the permittee may transfer the nationwide permit information,then the district engineer will notify the
verification to the new owner by submitting a letter to the prospective permittee that the PCN is still incomplete and
appropriate Corps district office to validate the transfer.A copy the PCN review process will not commence until all of
of the nationwide permit verification must be attached to the the requested information has been received by the district
letter,and the letter must contain the following statement and engineer.The prospective permittee shall not begin the
signature: activity until either:
"When the structures or work authorized by this 0 (I) He or she is notified in writing by the
nationwide permit are still in existence at the time the district engineer that the activity may proceed under
property is transferred,the terms and conditions of this the NWP with any special conditions imposed by the
nationwide permit,including any special conditions,will district or division engineer;or
continue to be binding on the new owner(s)of the
0 (2) 45 calendar days have passed from the
property.To validate the transfer of this nationwide
permit and the associated liabilities associated with district engineer's receipt of the complete PCN and
compliance with its terms and conditions,have the the prospective permittee has not received written
transferee sign and date below." notice from the district or division engineer.
However,if the permittee was required to notify the
Corps pursuant to general condition 18 that listed
(Transferee) species or critical habitat might be affected or in the
vicinity of the project,or to notify the Corps pursuant
to general condition 20 that the activity may have the
(Date) potential to cause effects to historic properties,the
permittee cannot begin the activity until receiving
❑ 30. Compliance Certification.Each permittee who written notification from the Corps that there is"no
receives an NWP verification letter from the Corps must provide effect"on listed species or"no potential to cause
a signed certification documenting completion of the authorized effects"on historic properties,or that any
activity and any required compensatory mitigation.The success consultation required under Section 7 of the
of any required permittee responsible mitigation,including the Endangered Species Act(see 33 CFR 330.4(f))
achievement of ecological performance standards,will be and/or Section 106 of the National Historic
addressed separately by the district engineer.The Corps will Preservation(see 33 CFR 330.4(g))has been
provide the permittee the certification document with the NWP completed.Also,work cannot begin under NWPs 21,
verification letter.The certification document will include: 49,or 50 until the permittee has received written
0 (a) A statement that the authorized work was done approval from the Corps.If the proposed activity
in accordance with the NWP authorization,including any requires a written waiver to exceed specified limits of
general,regional,or activity-specific conditions; an NWP,the permittee may not begin the activity
until the district engineer issues the waiver.If the
❑ (b) A statement that the implementation of any district or division engineer notifies the permittee in
required compensatory mitigation was completed in writing that an individual permit is required within 45
accordance with the permit conditions.If credits from a calendar days of receipt of a complete PCN,the
mitigation bank or in-lieu fee program are used to satisfy permittee cannot begin the activity until an individual
the compensatory mitigation requirements,the permit has been obtained.Subsequently,the
certification must include the documentation required by permittee's right to proceed under the N\'VP may be
33 CFR 332.3(1)(3)to confirm that the permittee secured modified,suspended,or revoked only in accordance
the appropriate number and resource type of credits;aind with the procedure set forth in 33 CFR 330.5(d)(2)..
❑ (c) The signature of the permittee certifying the ❑ (b) Contents of Pre-Construction Notification:The
completion of the work and mitigation. PCN must be in writing and include the following
❑ 31. Pre-Construction Notification. information:
❑ (1) Name,address and telephone numbers of
❑ (a) Timing.Where required by the terms of the tine prospective permittee;
NWP,the prospective permittee must notify the district
engineer by submitting a pre-construction notification 0 (2) Location of the proposed project;
(PCN)as early as possible.The district engineer must ❑ (3) A descriptioin of the proposed project;the
determine if the PCN is complete within 30 calendar days project's purpose;direct and indirect adverse
of the date of receipt and,if the PCN is determined to be environmental effects the project would cause,
incomplete,notify the prospective permittee within that including the anticipated amount of loss of water of
30 day period to request the additional information the United States expected to result from the NWP
necessary to make the PCN complete.The request must
specify the information needed to make the PCN activity,in acres,linear feet,or other appropriate unit
complete.As a general rule,district engineers will request of measure;any other NWP(s),regional general
additional information necessary to make the PCN permit(s),or individual pernnit(s)used or intended to
be used to authorize any part of the proposed project
Nationwide 29 Permit Summary Page 7
or any related activity.The description should be D (c) Form of Pre-Construction Notification:he
sufficiently detailed to allow the district engineer to standard individual permit application form(Form ENG
determine that the adverse effects of the project will 4345)may be used,but the completed application form
be minimal and to determine the need for must clearly indicate that it is a PCN and must include all
compensatory mitigation.Sketches should be of the information required in paragraphs(b)(1)through
provided when necessary to show that the activity (7)of this general condition.A letter containing the
complies with the terms of the NWP.(Sketches required information may also be used.
usually clarify the project and when provided results ❑ (d) Agency Coordination:
in a quicker decision.Sketches should contain
sufficient detail to provide an illustrative description 0 (1) The district engineer will consider any
of the proposed activity(e.g.,a conceptual plan),but comments from Federal and state agencies
do not need to be detailed engineering plans); concerning the proposed activity's compliance with
❑ (4) The PCN must include a delineation of the terms and conditions of the NWPs and the need
wetlands,other special aquatic sites,and other for mitigation to reduce the project's adverse
waters,such as lakes and ponds,and perennial, environmental effects to a minimal level.
intermittent,and ephemeral streams,on the project 0 (2) For all NWP activities that require pre-
site.Wetland delineations must be prepared in construction notification and result in the loss of
accordance with the current method required by the greater than 1/2-acre of waters of the United States,
Corps.The permittee may ask the Corps to delineate for NWP 21,29,39,40,42,43,44,50,51,and 52
the special aquatic sites and other waters on the activities that require pre-construction notification
project site,but there may be a delay if the Corps and will result in the loss of greater than 300 linear
does the delineation,especially if the project site is feet of intermittent and ephemeral stream bed,and for
large or contains many waters of the United States. all NWP 48 activities that require pre-construction
Furthermore,the 45 day period will not start until the notification,the district engineer will immediately
delineation has been submitted to or completed by provide(e.g.,via email,facsimile transmission,
the Corps,as appropriate; overnight mail,or other expeditious manner)a copy
0 (5) If the proposed activity will result in the of the complete PCN to the appropriate Federal or
loss of greater than 1/10-acre of wetlands and a PCN state offices(U.S.FWS,state natural resource or
is required,the prospective permittee must submit a water quality agency,EPA,State Historic
statement describing how the mitigation requirement Preservation Officer(SHPO)or Tribal Historic
will be satisfied,or explaining why the adverse Preservation Office(THPO),and,if appropriate,the
effects are minimal and why compensatory NMFS).With the exception of NWP 37,these
agencies will have 10 calendar days from the date the
mitigation should not be required.As an alternative, material is transmitted to telephone or fax the district
the prospective permittee may submit a conceptual or
detailed mitigation plan. engineer notice that they intend to provide
substantive,site-specific comments.The comments
❑ (6) If any listed species or designated critical must explain why the agency believes the adverse
habitat might be affected or is in the vicinity of the effects will be more than minimal.If so contacted by
project,or if the project is located in designated an agency,the district engineer will wait an
critical habitat,for non-Federal applicants the PCN additional 15 calendar days before making a decision
must include the name(s)of those endangered or on the pre-construction notification.The district
threatened species that might be affected by the engineer will fully consider agency comments
proposed work or utilize the designated critical received within the specified time frame concerning
habitat that may be affected by the proposed work. the proposed activity's compliance with the terms
Federal applicants must provide documentation and conditions of the NWPs,including the need for
demonstrating compliance with the Endangered mitigation to ensure the net adverse environmental
Species Act;and effects to the aquatic environment of the proposed
0 (7) For an activity that may affect a historic activity are minimal.The district engineer will
property listed on,determined to be eligible for provide no response to the resource agency,except as
listing on,or potentially eligible for listing on,the provided below.The district engineer will indicate in
National Register of Historic Places,for non-Federal the administrative record associated with each pre-
applicants the PCN must state which historic property construction notification that the resource agencies'
may be affected by the proposed work or include a concerns were considered.For NWP 37,the
vicinity map indicating the location of the historic emergency watershed protection and rehabilitation
activity may proceed immediately in cases where
property.Federal applicants must provide
documentation demonstrating compliance with there is anunacceptable hazard to life or a significant
Section 106 of the National Historic Preservation loss of property or economic hardship will occur.The
Act, district engineer will consider any comments
received to decide whether the NWP 37 authorization
should be modified,suspended,or revoked in
accordance with the procedures at 33 CFR 330.5.
Nationwide 29 Permit Summary Page 8
0 (3) In cases of where the prospective permittee after considering mitigation,the district engineer will notify
is not a Federal agency,the district engineer will the permittee and include any activity-specific conditions in
provide a response to NMFS within 30 calendar days the NWP verification the district engineer deems necessary.
of receipt of any Essential Fish Habitat conservation Conditions for compensatory mitigation requirements must
recommendations,as required by Section comply with the appropriate provisions at 33 CFR 332.3(k).
305(b)(4)(B)of the Magnuson-Stevens Fishery The district engineer must approve the final mitigation plan
Conservation and Management Act. before the permittee commences work in waters of the United
❑ (4) Applicants are encouraged to provide the States,unless the district engineer determines that prior
Corps with either electronic files or multiple copies approval of the final mitigation plan is not practicable or not
of pre construction notifications to expedite agency necessary to ensure timely completion of the required
coordination. compensatory mitigation.If the prospective permittee elects to
submit a compensatory mitigation plan with the PCN,the
C. District Engineer's Decision district engineer will expeditiously review the proposed
0 1. In reviewing the PCN for the proposed activity,the compensatory mitigation plan.The district engineer must
district engineer will determine whether the activity authorized review the proposed compensatory mitigation plan within 45
calendar days of receiving a complete PCN and determine
by the NWP will result in more than minimal individual or whether the proposed mitigation would ensure no more than
cumulative adverse environmental effects or may be contrary minimal adverse effects on the aquatic environment.If the net
to the public interest. For a linear project,this determination adverse effects of the project on the aquatic environment(after
will include an evaluation of the individual crossings to consideration of the compensatory mitigation proposal)are
determine whether they individually satisfy the terms and determined by the district engineer to be minimal,the district
conditions of the NWP(s),as well as the cumulative effects engineer will provide a timely written response to the
caused by all of the crossings authorized by NWP.If an applicant.The response will state that the project can proceed
applicant requests a waiver of the 300 linear foot limit on under the terms and conditions of the NWP,including any
impacts to intermittent or ephemeral streams or of an activity-specific conditions added to the NWP authorization
othenvise applicable limit,as provided for in NWPs 13,21, by the district engineer.
29,36,39,40,42,43,44,50,51 or 52,the district engineer
will only grant the waiver upon a written determination that 0 3. If the district engineer determines that the adverse
the NWP activity will result in minimal adverse effects.When effects of the proposed work are more than minimal,then the
making minimal effects determinations the district engineer district engineer will notify the applicant either:(a)That the
will consider the direct and indirect effects caused by the project does not qualify for authorization under the NWP and
NWP activity.The district engineer will also consider site instruct the applicant on the procedures to seek authorization
specific factors,such as the environmental setting in the under an individual permit;(b)that the project is authorized
vicinity of the NWP activity,the type of resource that will be under the NWP subject to the applicant's submission of a
affected by the NWP activity,the functions provided by the mitigation plan that would reduce the adverse effects on the
aquatic resources that will be affected by the NWP activity, aquatic environment to the minimal level;or(c)that the
the degree or magnitude to which the aquatic resources project is authorized under the NWP with specific
perform those functions,the extent that aquatic resource modifications or conditions.Where the district engineer
functions will be lost as a result of the NWP activity(e.g., determines that mitigation is required to ensure no more than
partial or complete loss),the duration of the adverse effects minimal adverse effects occur to the aquatic environment,the
(temporary or permanent),the importance of the aquatic activity will be authorized within the 45-day PCN period,with
resource functions to the region(e.g.,watershed or ecoregion), activity-specific conditions that state the mitigation
and mitigation required by the district engineer.If an requirements.The authorization will include the necessary
appropriate functional assessment method is available and conceptual or detailed mitigation or a requirement that the
practicable to use,that assessment method may be used by the applicant submit a mitigation plan that would reduce the
district engineer to assist in the minimal adverse effects adverse effects on the aquatic environment to the minimal
determination.The district engineer may add case-specific level.When mitigation is required,no work in waters of the
special conditions to the NWP authorization to address site- United States may occur until the district engineer has
specific environmental concerns. approved a specific mitigation plan or has determined that
0 2. If the proposed activity requires a PCN and will prior approval of a final mitigation plan is not practicable or
result in a loss of greater than 1/10-acre of wetlands,the not necessary to ensure timely completion of the required
prospective permittee should submit a mitigation proposal compensatory mitigation.
with the PCN.Applicants may also propose compensatory D. Further Information
mitigation for projects with smaller impacts.The district 1. District Engineers have authority to determine if an
engineer will consider any proposed compensatory mitigation activity complies with the terms and conditions of an NWP.
the applicant has included in the proposal in determining
whether the net adverse environmental effects to the aquatic 2. NWPs do not obviate the need to obtain other federal,
environment of the proposed activity are minimal.The state,or local permits,approvals,or authorizations required by
compensatory mitigation proposal may be either conceptual or law.
detailed.If the district engineer determines that the activity 3. NWPs do not grant any property rights or exclusive
complies with the terms and conditions of the NWP and that
the adverse effects on the aquatic environment are minimal, privileges.
Nationwide 29 Permit Summary Page 9
4. NWPs do not authorize any injury to the property or object included in,or eligible for inclusion in,the National
rights of others. Register of Historic Places maintained by the Secretary of the
5. NWPs do not authorize interference with any existing or Interior.This term includes artifacts,records,and remains that
proposed Federal project. are related to and located within such properties.The term
includes properties of traditional religious and cultural
E. Definitions importance to an Indian tribe or Native Hawaiian organization
and that meet the National Register criteria(36 CFR part 60).
Best management practices(BMPs):Policies,practices,
procedures,or structures implemented to mitigate the adverse Independent utility:A test to determine what constitutes a
environmental effects on surface water quality resulting from single and complete non-linear project in the Corps regulatory
development.BMPs are categorized as structural or non- program.A project is considered to have independent utility if
structural. it would be constructed absent the construction of other
Compensatory mitigation:The restoration(re-establishment projects in the project area.Portions of a multi phase project
or rehabilitation),establishment(creation),enhancement, that depend upon other phases of the project do not have
and/or in certain circumstances preservation of aquatic independent utility.Phases of a project that would be
constructed even if the other phases were not built can be
resources for the purposes of offsetting unavoidable adverse considered as separate single and complete projects with
impacts which remain after all appropriate and practicable independent utility.
avoidance and minimization has been achieved.
Currently serviceable:Useable as is or with some Indirect effects:Effects that are caused by the activity and are
later in time or farther removed in distance,but are still
maintenance,but not so degraded as to essentially require reasonably foreseeable.
reconstruction.
Direct effects:Effects that are caused by the activity and Intermittent stream:An intermittent stream has flowing
occur at the same time and place. water during certain times of the year,when groundwater
provides water for stream flow.During dry periods,
Discharge:The term"discharge"means any discharge of intermittent streams may not have flowing water.Runoff from
dredged or fill material. rainfall is a supplemental source of water for stream flow.
Enhancement:The manipulation of the physical,chemical,or Loss of waters of the United States:Waters of the United
biological characteristics of an aquatic resource to heighten, States that are permanently adversely affected by filling,
intensify,or improve a specific aquatic resource function(s). flooding,excavation,or drainage because of the regulated
Enhancement results in the gain of selected aquatic resource activity.Permanent adverse effects include permanent
function(s),but may also lead to a decline in other aquatic discharges of dredged or fill material that change an aquatic
resource function(s).Enhancement does not result in a gain in area to dry land,increase the bottom elevation of a waterbody,
aquatic resource area. or change the use of a waterbody.The acreage of loss of
waters of the United States is a threshold measurement of the
Ephemeral stream:An ephemeral stream has flowing water impact to jurisdictional waters for determining whether a
only during,and for a short duration after,precipitation events project may qualify for an NWP;it is not a net threshold that
in a typical year.Ephemeral stream beds are located above the is calculated after considering compensatory mitigation that
water table year-round.Groundwater is not a source of water may be used to offset losses of aquatic functions and services.
for the stream.Runoff from rainfall is the primary source of The loss of stream bed includes the linear feet of stream bed
water for stream flow. that is filled or excavated.Waters of the United States
Establishment(creation):The manipulation of the physical, temporarily filled,flooded,excavated,or drained,but restored
chemical,or biological characteristics present to develop an to pre-construction contours and elevations after construction,
aquatic resource that did not previously exist at an upland site. are not included in the measurement of loss of waters of the
Establishment results in a gain in aquatic resource area. United States.Impacts resulting from activities eligible for
exemptions under Section 404(f)of the Clean Water Act are
High Tide Line: The line of intersection of the land with the not considered when calculating the loss of waters of the
water's surface at the maximum height reached by a rising United States.
tide.The high tide line may be determined,in the absence of
actual data,by a line of oil or scum along shore objects,a Non-tidal wetland:A non-tidal wetland is a wetland that is
more or less continuous deposit of fine shell or debris on the not subject to the ebb and flow of tidal waters.The definition
foreshore or berm,other physical markings or characteristics, of a wetland can be found at 33 CFR 328.3(b).Non-tidal
vegetation lines,tidal gages,or other suitable means that wetlands contiguous to tidal waters are located landward of
delineate the general height reached by a rising tide.The line the high tide line(i.e.,spring high tide line).
encompasses spring high tides and other high tides that occur Open water:For purposes of the NWPs,an open water is any
with periodic frequency but does not include storm surges in area that in a year with normal patterns of precipitation has
which there is a departure from the normal or predicted reach water flowing or standing above ground to the extent that an
of the tide due to the piling up of water against a coast by ordinary high water mark can be determined.Aquatic
strong winds such as those accompanying a hurricane or other vegetation within the area of standing or flowing water is
intense storm. either non-emergent,sparse,or absent.Vegetated shallows are
Historic Property:Any prehistoric or historic district,site considered to be open waters.Examples of"open waters"
(including archaeological site),building,structure,or other include rivers,streams,lakes,and ponds.
Nationwide 29 Permit Summary Page 10
Ordinary High Water Mark:An ordinary high water mark is stream velocity,a streaming flow,a smooth surface,and a
a line on the shore established by the fluctuations of water and finer substrate characterize pools.
indicated by physical characteristics,or by other appropriate Riparian areas:Riparian areas are lands adjacent to streams,
means that consider the characteristics of the surrounding lakes,and estuarine-marine shorelines.Riparian areas are
areas(see 33 CFR 328.3(e)). transitional between terrestrial and aquatic ecosystems,
Perennial stream:A perennial stream has flowing water year- through which surface and subsurface hydrology connects
round during a typical year.The water table is located above riverine,lacustrine,estuarine,and marine waters with their
the stream bed for most of the year.Groundwater is the adjacent wetlands,non-wetland waters,or uplands.Riparian
primary source of water for stream flow.Runoff from rainfall areas provide a variety of ecological functions and services
is a supplemental source of water for stream flow. and help improve or maintain local water quality.(See general
Practicable:Available and capable of being done after taking condition 23.)
into consideration cost,existing technology,and logistics in Shellfish seeding:The placement of shellfish seed and/or
light of overall project purposes. suitable substrate to increase shellfish production.Shellfish
Pre-construction notification:A request submitted by the seed consists of immature individual shellfish or individual
project proponent to the Corps for confirmation that a shellfish attached to shells or shell fragments(i.e.,spat on
particular activity is authorized by nationwide permit.The shell).Suitable substrate may consist of shellfish shells,shell
request may be a permit application,letter,or similar fragments,or other appropriate materials placed into waters
document that includes information about the proposed work for shellfish habitat.
and its anticipated environmental effects.Pre-construction Single and complete linear project:A linear project is a
notification may be required by the tenns and conditions of a project constructed for the purpose of getting people,goods,or
nationwide permit,or by regional conditions.A pre- services from a point of origin to a terminal point,which often
construction notification may be voluntarily submitted in cases involves multiple crossings of one or more waterbodies at
where pre-construction notification is not required and the separate and distant locations.The term"single and complete
project proponent wants confirmation that the activity is project"is defined as that portion of the total linear project
authorized by nationwide permit. proposed or accomplished by one owner/developer or
Preservation:The removal of a threat to,or preventing the partnership or other association of owners/developers that
decline of,aquatic resources by an action in or near those includes all crossings of a single water of the United States
aquatic resources.This term includes activities commonly (i.e.,a single waterbody)at a specific location.For linear
projects crossing a single or multiple
associated with the protection and maintenance of aquatic waterbodies several
resources through the implementation of appropriate legal and times at separate and distant locations,each crossing is
physical mechanisms.Preservation does not result in a gain of considered a single and complete project for purposes of NWP
aquatic resource area or functions. authorization.However,individual channels in a braided
stream or river,or individual arms of a large,irregularly
Re-establishment:The manipulation of the physical, shaped wetland or lake,etc.,are not separate waterbodies,and
chemical,or biological characteristics of a site with the goal of crossings of such features cannot be considered separately.
returning natural/historic functions to a former aquatic Single and complete non-linear project:For non-linear
resource.Re-establishment results in rebuilding a former projects,the tern"single and complete project"is defined at
aquatic resource and results in a gain in aquatic resource area 33 CFR 330.2(i)as the total project proposed or accomplished
and functions. by one owner/developer or partnership or other association of
Rehabilitation:The manipulation of the physical,chemical, owners/developers.A single and complete non-linear project
or biological characteristics of a site with the goal of repairing must have independent utility(see definition of"independent
natural/historic functions to a degraded aquatic resource. utility").Single and complete non-linear projects may not be
Rehabilitation results in a gain in aquatic resource function, "piecemealed"to avoid the limits in an NWP authorization.
but does not result in a gain in aquatic resource area. Stormwater management:Stormwater management is the
Restoration:The manipulation of the physical,chemical,or mechanism for controlling stormwater runoff for the purposes
biological characteristics of a site with the goal of returning of reducing downstream erosion,water quality degradation,
natural/historic functions to a former or degraded aquatic and flooding and mitigating the adverse effects of changes in
resource.For the purpose of tracking net gains in aquatic land use on the aquatic environment.
resource area,restoration is divided into two categories:re Stormwater management facilities:Stormwater
establishment and rehabilitation. management facilities are those facilities,including but not
Riffle and pool complex:Riffle and pool complexes are limited to,stormwater retention and detention ponds and best
special aquatic sites under the 404(b)(1)Guidelines.Riffle and management practices,which retain water for a period of time
pool complexes sometimes characterize steep gradient to control runoff and/or improve the quality(i.e.,by reducing
sections of streams.Such stream sections are recognizable by the concentration of nutrients,sediments,hazardous
their hydraulic characteristics.The rapid movement of water substances and other pollutants)of stormwater runoff.
over a course substrate in riffles results in a rough flow,a
turbulent surface,and high dissolved oxygen levels in the
water.Pools are deeper areas associated with riffles.A slower
Nationwide 29 Permit Summary Page i i
Stream bed:The substrate of the stream channel between the
ordinary high water marks.The substrate may be bedrock or
inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed,but outside of the
ordinary high water marks,are not considered part of the
stream bed.
Stream channelization:The manipulation of a stream's
course,condition,capacity,or location that causes more than
minimal interruption of normal stream processes.A
channelized stream remains a water of the United States.
Structure:An object that is arranged in a definite pattern of
organization.Examples of structures include,without
limitation,any pier,boat dock,boat ramp,wharf,dolphin,
weir,boom,breakwater,bulkhead,revetment,riprap,jetty,
artificial island,artificial reef,permanent mooring structure,
power transmission line,permanently moored floating vessel,
piling,aid to navigation,or any other manmade obstacle or
obstruction.
Tidal wetland:A tidal wetland is a wetland(i.e.,water of the
United States)that is inundated by tidal waters.The
definitions of a wetland and tidal waters can be found at 33
CFR 328.3(b)and 33 CFR 328.3(f),respectively.Tidal waters
rise and fall in a predictable and measurable rhythm or cycle
due to the gravitational pulls of the moon and sun.Tidal
waters end where the rise and fall of the water surface can no
longer be practically measured in a predictable rhythm due to
masking by other waters,wind,or other effects.Tidal
wetlands are located channelward of the high tide line,which
is defined at 33 CFR 328.3(d).
Vegetated shallows:Vegetated shallows are special aquatic
sites under the 404(b)(1)Guidelines.They are areas that are
permanently inundated and under normal circumstances have
rooted aquatic vegetation,such as seagrasses in marine and
estuarine systems and a variety of vascular rooted plants in
freshwater systems.
Waterbody:For purposes of the NWPs,a waterbody is a
jurisdictional water of the United States.If a jurisdictional
wetland is adjacent—meaning bordering,contiguous,or
neighboring—to a waterbody determined to be a water of the
United States under 33 CFR 328.3(a)(1)-(6),that waterbody
and its adjacent wetlands are considered together as a single
aquatic unit(see 33 CFR 328.4(c)(2)).Examples of
"waterbodies"include streams,rivers,lakes,ponds,and
wetlands.
U.S. Army Corps of Engineers , _ ..(
South Pacific Division ������� ,
Nationwide Permit Pre-Construction Notification (PCN) Form
This form integrates requirements of the U.S.Army Corps of Engineers Nationwide Permit Program within the South Pacific Division
(SPD),including General and Regional Conditions. You MUST fill out all boxes related to the work being done.Fillable boxes in this
form expand if additional space is needed.
Box 1 Project Name
223 Beaver Dam Road (Lot 38, Block 7, Vail, Village Filing 1)
Applicant Name Applicant Title
Keith Edwards Owner
Applicant Company, Agency, etc. Applicant's internal tracking number(if any)
Bearcat Energy, LLC
Mailing Address
1225 17th St., Suite 2420, Denver, Colorado 80202
Work Phone with area code Mobile Phone with area code Home Phone with area code Fax # with area code
303-298-1400
E-mail Address Relationship of applicant to pro erty:
keith@bearcatinc.com nOwner n Purchaser [Lessee ❑ Other:
Application Is hereby made for verification that subject regulated activities associated with subject project qualify for
authorization under a U.S. Army Corps of Engineers Nationwide Permit or Permits as described herein. I certify that I
am familiar with the Information contained in this application and, that to the best of my knowledge and belief,such
Information is true, complete, and accurate. I further certify that I possess the authority to undertake the proposed
activities. I hereby grant to the agency to which this application is made the right to enter the above-described location
to Inspect the proposed, in-progress or completed work. I agree to start work only after all necessary permits have
been received and to comply with all terms and conditions of the authorization.
Signa of lic t Date (mtrift
If anyone other than the person named as the Applicant will be in contact with the U.S.Army Corps of Engineers representing the
Applicant regarding this project during the permit process,Box 2 MUST be filled out.
Box 2 Authorized Agent/Operator Name Agent/Operator Title
Jason A. Deem Project Geologist
Agent/Operator Company, Agency, etc. E-mail Address
Hepworth-Pawlak Geotechnical, Inc. jdeem@hpgeotech.com
Mailing Address
PO Box 1887, Silverthorne, Colorado 80498
Work Phone with area code Mobile Phone with area code Home Phone with area code Fax #with area code
970-468-1989 970-485-4248 970-468-5891
I hereby authorize the above named authorized agent to act in my behalf as my agent In the processing of this application and to
furnish,upon request,supplemental Information in support of this permit application.I understand that I am bound by the actions of
my agent and I understand that if a federal or state permit is Issued,I,or my agent,must sign the ermit.
Signature of applicant Date(mm/dd/yyyy)
I certify that I am familiar with the information contained in this application,and that to the best of my knowledge and
belief, such information Is true,complete, and accurate.
Signature of authojl e4agent Date (mm/dd/yyyy)
tei
Page 1 of 9
Revised March 21,2012. For the most recent version of this form,visit your Corps District's Regulatory website.
Box 3 Name of Property Owner(s), if other than Applicant:
Owner Title Owner Company, Agency, etc.
Mailing Address
Work Phone with area code Mobile Phone with area code Home Phone with area code
Box 4 Name of Contractor(s) (if known):
Contractor Title Contractor Company, Agency, etc.
Mailing Address
Work Phone with area code Mobile Phone with area code Home Phone with area code
Box 5 Site Number 1 of?. Project location(s), including street address, city, county,
state, zip code where proposed activity will occur:
223 Beaver Dam Road, Vail, Colorado 81657, Eagle County
Waterbody (if known, otherwise enter"an unnamed tributary to"): Gore Creek
Tributary to what known, downstream waterbody:
Latitude & Longitude (D/M/S, DD,or UTM with Zone): Section, Township, Range:
39.641636,-106.382523 Sec. 7,T5S, R8OW
County Assessor Parcel Number (Include County name): USGS Quadrangle map name:
2101-071-12-004 Vail West
Watershed (HUC and watershed name): 14010003 Size of permit area or project boundary:
'http;//water.usgs.gov/GIS/regions.html 0.5857 acres linear feet
Directions to the project location and other location descriptions, if known:
Take exit 176 from Interstate 70 and head west for -1/2 mile. Take right on Beaver Dam Road after
crossing Gore Creek. Site is on right in -1/4 mile.
Nature of Activity (Description of the project,include all features):
Existing residence will be razed on the site to allow for construction of a duplex residence.
Project Purpose (Description of the reason or purpose of the project):
Residential development
Page 2 of 9
Revised March 21,2012. For the most recent version of this form,visit your Corps District's Regulatory website.
Box 6 Reason(s) for discharge into Waters of the United States (Description of why dredged and/or fill
material needs to be placed in Waters of the United States):
Impacts from construction of a duplex on the project site.
Proposed discharge of dredge and/or fill material. Indicate total surface area in acres and linear
feet(where appropriate)of the proposed impacts to Waters of the United States, indicate water body type(tidal
wetland, non-tidal wetland, riparian wetland, ephemeral stream/river, intermittent stream/river, perennial stream/river,
pond/lake, vegetated shallows, bay/harbor, lagoon, ocean, etc.),and identify the impact(s) as permanent and/or
temporary for each requested Nationwide Permit':
Enter the intended permit number(s). See Nationwide Permit regulations for permit numbers and qualification information:
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/Nationwidepermits.aspx
Requested NWP Number:29 Requested NWP Number: Requested NWP Number:
Water Body Permanent Temporary Permanent Temporary Permanent Temporary
Type Area Length Arca Length Area Length Arca Length Area Length Area Length
Riparian Wetland 1066 1t2
Non-tidal Wetland 304 ft2
Pick One
Pick One
Pick One
Total: 1370 a2
Total volume (in cubic yards) and type(s) of material proposed to be dredged from or discharged
into Waters of the United States:
Material Type Total Volume Dredged Total Volume Discharged
Rock Slope Protection (RSP) 30
Clean spawning gravel
River rock
Soil/Dirt/Silt/Sand/Mud
Concrete 2
Structure
Stumps/Root wads
Other:
Tota l: 32
Activity requires a written waiver to exceed specified limits of the Nationwide Permit? Yes X No
If yes, provide Nationwide Permit number and name, limit to be exceeded, and rationale for each
requested waiver:
Activity will result in the loss of greater than 1/2-acre of Waters of the United States? Yes X No
If yes, provide an electronic copy (compact disc) or multiple hard copies (7) of the complete PCN for
appropriate Federal and State Pre-discharge Notification (See General condition#31,Pre-construction Notification,
Agency Coordination,Section 2 and 4).
Page 3 of 9
Revised March 21,2012. For the most recent version of this form,visit your Corps District's Regulatory website.
Describe direct and indirect effects caused by the activity and how the activity has been designed
(or modified) to have minimal adverse effects on the aquatic environment (See General Condition#31, Pre-
construction Notification, District Engineer's Decision,Section 1):
See HP Geotech Report dated November 26, 2014
Potential cumulative impacts of proposed activity(if any):
Required drawings and figures (see each U.S.Army Corps of Engineers District's Minimum Standards Guidance):
Vicinity map: X Attached (or mail copy separately if applying electronically)
To-scale Plan view drawing(s): X Attached (or mail copy separately if applying electronically)
To-scale elevation and/or Cross Section drawing(s): Attached (or mail copy separately if applying electronically)
Numbered and dated pre-project color photographs: X Attached (or mail copy separately if applying electronically)
Sketch drawing(s) or map(s): X Attached (or mail copy separately if applying electronically)
Has a wetlands/waters of the U.S. delineation been completed?
X Yes, Attached2 (or mail copy separately if applying electronically) No
If a delineation has been completed, has it been verified in writing by the Corps?
nYes, Date of preliminary or approved jurisdictional determination(mm/dd/yyyy): Corps file number: 1><1 No
'If available, provide ESRI shapefiles(NAM)for delineated waters
For proposed discharges of dredged material resulting from navigation dredging into inland or near-
shore waters of the U.S. (including beach nourishment), please attach3 a proposed Sampling and
Analysis Plan (SAP) prepared according to Inland Testing Manual (ITM) guidelines (including Tier I
information, if available), or if disposed offshore, a proposed SAP prepared according to the Ocean
Disposal Manual. l Attached (or mail copy separately if applying electronically)
30r mail copy separately if applying electronically
Is any portion of the work already complete? ❑ YES ❑X NO
If yes, describe the work:
Box 7 Authority:
Is Section 10 of the Rivers and Harbors Act applicable?: ❑ YES 1X1 NO
Is Section 404 of the Clean Water Act applicable?: ❑X YES ❑ NO
Is the project located on U.S. Army Corps of Engineers property or easement?: ❑ YESX❑ NO
If yes, has Section 408 process been initiated?: ❑ YES ❑ NO
Would the project affect a U.S. Army Corps of Engineers structure?: n YES 1 1 NO
If yes, has Section 408 process been initiated?: ❑ YES ❑ NO
Is the project located on other Federal Lands (USFS, BLM, etc.)?: ❑ YES ❑X NO
Is the project located on Tribal Lands?: 1 1 YES 1XI NO
Box 8 Is the discharge of fill or dredged material for which Section 10/404 authorization is sought
part of a larger plan of development?: ❑ YES ❑X NO
If discharge of fill or dredged material is part of development, name and proposed schedule for that
larger development (start-up, duration, and completion dates):
Page 4 of 9
Revised March 21,2012. For the most recent version of this form,visit your Corps District's Regulatory website.
Location of larger development (if discharge of fill or dredged material is part of a plan of
development, a map of suitable quality and detail of the entire project site should be included):
Box 9 Measures taken to avoid and minimize impacts to waters of the United States:
See HP Geotech report dated November 26, 2014
Box 10 Proposed Compensatory Mitigation related to fill/excavation and dredge activities. Indicate in
acres and linear feet(where appropriate) the total quantity of Waters of the United States proposed to be created,
restored, enhanced and/or preserved for purposes of providing compensatory mitigation. Indicate water body type
(tidal wetland, non-tidal wetland, riparian wetland, ephemeral stream/river, intermittent stream/river, perennial
stream/river, pond/lake, vegetated shallows, bay/harbor, lagoon, ocean, etc.) or non-jurisdictional (uplands'). Indicate
mitigation type (permittee-responsible on-site/off-site, mitigation bank, or in-lieu fee program). If the mitigation is
purchase of credits from a mitigation bank, indicate the bank to be used, if known:
'For uplands, please indicate if designed as an upland buffer.
Site Water Body Created Restored Enhanced Preserved Mitigation
Number Type Area Length Area Length Area Length Area Length Type
Flnger Roc%w.erand Pres. Riparian Wetland Mitigation Bank
Pick One Pick One
Pick One Pick One
Pick One Pick One
Pick One Pick One
Total: Pick One
If no mitigation is proposed, provide detailed explanation of why no mitigation would be necessary:
If permittee-responsible mitigation is proposed, provide justification for not utilizing a Corps-
approved mitigation bank or in-lieu fee program:
Has a draft/conceptual mitigation plan been prepared in accordance with the April 10, 2008, Final
Mitigation Rule2 and District Guidelines?
2http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/mitig_info.aspx
3Sacramento and San Francisco Districts-http;//www.spk.usace.army.mil/organizations/cespk-
co/regulatory/pdf/Mitigation_Monitoring_Guidelines.pdf
4Los Angeles District-http://www.spl.usace.army,mil/regulatory/mmg_2004.pdf
5Albuquerque District-http://www.spa.usace.army.mil/reg/mitigation/SPA%20Final%20Mitigation%20Guidelines_OLD.pdf
[' Yes, Attached (or mail copy separately if applying electronically) X No
If no, a mitigation plan must be prepared and submitted, if applicable.
Mitigation site(s) Latitude & Longitude (D/M/s, DD, USGS Quadrangle map name(s):
or UfM with Zone):
Assessor Parcel Number(s): Section(s), Township(s), Range(s):
Page 5 of 9
Revised March 21,2012. For the most recent version of this forth,visit your Corps District's Regulatory website.
Other location descriptions, if known: Finger Rock Wetland Preserve
Directions to the mitigation location(s):
Box 11 Threatened or Endangered Species
Please list any federally-listed (or proposed) threatened or endangered species or critical habitat(or
proposed critical habitat) within the project area (include scientific names (e.g., Genus species), if
known):
a. See HP Geotech Report dated November 26,2014 b.
c. d.
e. f.
Have surveys, using U.S. Fish and Wildlife Service/NOAA Fisheries protocols, been conducted?
El Yes, Report attached (or mail copy separately if applying electronically) ❑X No
If a federally-listed species would be impacted, please provide a description of the impactand a biological evaluation, if
available,
❑ Yes, Report attached (or mail copy separately if applying electronically) ❑ Not attached
Has Section 7 consultation been initiated by another federal agency?
❑ Yes, Initiation letter attached (or mail copy separately if applying electronically) No
Has Section 10 consultation been initiated for the proposed project?
❑ Yes, Initiation letter attached (or mail copy separately if applying electronically) ❑ No
Has the USFWS/NOAA Fisheries issued a Biological Opinion?
Yes, Attached (or mail copy separately if applying electronically) ❑ No
If yes, list date Opinion was issued (m/d/yyyy):
Box 12 Historic properties and cultural resources:
Are any cultural resources of any type known to exist on-site? ❑ Yes ❑X No
Please list any known historic properties listed, or eligible for listing, on the National
Register of Historic Places:
a. b.
c. d.
e. f.
Has a cultural resource records search been conducted?
I I Yes, Report attached (or mail copy separately if applying electronically) ❑X No
Has a cultural resource pedestrian survey been conducted for the site?
❑ Yes, Report attached (or mail copy separately if applying electronically) ❑X No
Has another federal agency been designated the lead federal agency for Section 106 consultation?
LI Yes, Designation letter/email attached (or mail copy separately if applying electronically) ❑X No
Has Section 106 consultation been initiated by another federal agency?
❑ Yes, Initiation letter attached (or mail copy separately if applying electronically) Q No
Has a Section 106 MOA or PA been signed by another federal agency and the SHPO?
❑ Yes, Attached (or mail copy separately if applying electronically) ❑X No
If yes, list date MOA or PA was signed (m/d/yyyy):
Page 6 of 9
Revised March 21,2012. For the most recent version of this form,visit your Corps District's Regulatory website.
Box 13 Section 401 Water Quality Certification:
Applying for certification? ❑ Yes, Attached (or mail copy separately if applying electronically) ❑X No
Certification issued? I I Yes, Attached (or mail copy separately if applying electronically) ❑ No
Certification waived? ❑ Yes, Attached (or mail copy separately if applying electronically) ❑ No
Certification denied? I I Yes, Attached (or mail copy separately if applying electronically) No
Exempted activity? ❑ Yes No
Agency concurrence? ❑ Yes, Attached n No
If exempt, state why:
Box 14 Coastal Zone Management Act:
Is the project located within the Coastal Zone? Yes ❑X No
If yes, applying for a coastal commission-approved Coastal Development Permit?
I I Yes, Attached (or mail copy separately if applying electronically) LI No
If no, applying for separate CZMA-consistency certification?
Yes, Attached (or mail copy separately if applying electronically) L I No
Permit/Consistency issued? Yes, Attached (or mail copy separately if applying electronically) I I No
Exempt? ❑ Yes ❑ No
Agency concurrence? ❑ Yes, Attached ❑ No
If exempt, state why:
Box 15 List of other certifications or approvals/denials received from other federal, state, or local
agencies for work described in this application:
Agency Type of Approval4 Identification Date Date Date
Number Applied Approved Denied
a Would include but is not restricted to zoning,building,and flood plain permits
Page 7 of 9
Revised March 21,2012. For the most recent version of this form,visit your Corps District's Regulatory website.
Nationwide Permit General Conditions (GC) checklist:
(htto://www.cipo.qov/fdsystaku/FR-2012-02-21/odf/2012-3687.00
Check General Condition Rationale for compliance with General Condition
❑X 1. Navigation NA
O 2. Aquatic Life Movements NA
❑X 3. Spawning Areas NA
[11 4. Migratory Bird Breeding Areas NA
❑X 5. Shellfish Beds NA
❑x 6. Suitable Material All material used on site in permit area will be either
natural stone or concrete.
E 7. Water Supply Intakes NA
❑X 8. Adverse Effects from Impoundments NA
❑X 9. Management of Water Flows NA
• 10. Fills Within 100 Year Floodplains Site is located out of the 100 year floodplain
O 11. Equipment
No equipment will be allowed outside of the
permitted impact areas
Q 12. Soil Erosion and Sediment Controls Proper E&S controls will be in place prior to any
earthwork
O 13. Removal of Temporary Fills
No temporary fills are planned
Q 14. Proper Maintenance A buffer around permanent impacts is planned to allow for
maintenance of permitted structures within the wetland boundary
Page 8 of 9
Revised March 21,2012. For the most recent version of this form,visit your Corps District's Regulatory website.
❑X 15. Single and Complete Project NA
▪ 16. Wild and Scenic Rivers The project is not located within a Wild and Scenic
River
LI 17. Tribal Rights NA
0 18. Endangered Species See Box 11 above.
19. Migratory Bird and Bald and Golden Eagle NA
Permits
O 20. Historic Properties See Box 12 above.
❑X 21. Discovery of Previously Unknown Remains NA
and Artifacts
❑X 22. Designated Critical Resource Waters NA
❑X 23, Mitigation See Box 10 above.
❑X 24. Safety of Impoundment Structures NA
X❑ 25. Water Quality See Box 13 above.
X❑ 26. Coastal Zone Management See Box 14 above.
❑X 27. Regional and Case-by-Case Conditions NA
XQ 28. Use of Multiple Nationwide Permits NA
❑X 29. Transfer of Nationwide Permit Verifications NA
❑x 30. Compliance Certification A compliance certification will be required following
project completion.
❑X 31. Pre-Construction Notification Completed
Page 9 of 9
Revised March 21,2012. For the most recent version of this fonn,visit your Corps District's Regulatory website.
= Sacramento District
Itt Nationwide Permit Program
1/14
Regional Conditions Checklist for Colorado
U.S. ARMY CORPS OF ENGINEERS BUILDING STRONG
On March 18, 2012, the U.S.Army Corps of Engineers' South Pacific Division approved 26 regional conditions for the
2012 Nationwide Permits (NWP) in Colorado, within the Sacramento District. This checklist is intended to assist applicants
with completing the South Pacific Division Pre-Construction Notification Checklist and to ensure compliance with the
regional conditions. This checklist does not include the full text of each regional condition.
Please refer to the 2012 Regional Conditions in Colorado when completing this checklist
(http://www.spk.usace.army.millPortals/12/documents/requlatory/nwp/2012 nwps/2012-NWP-RC-CO.pdf).
Please check the box to indicate you have read and have/will comply with the regional condition and provide a rationale
on how you have/will comply with the condition.
Check Regional Condition Compliance Rationale
❑ 1. Nationwide Permit 12. PCN must be submitted The activity does not involve open trenching and is not for
for open trenching in perennial waters or if the utility the purpose of water transmission.
line is for the purpose of water transmission OR
The PCN has been submitted with this checklist,and if the
project will result in a withdrawal of water from a waterway,
includes an evaluation of the effects of the withdrawal.
❑ 2. Nationwide Permits 12 and 14. PCN must be T'-actrY Ge^s net „•.e b:':/res or traap_fa_mactetes In werinal eaters or specal er,ato s_;1n Ca Cdxa.o
Ryer Bash
submitted for projects in the Colorado River Basin. n Pal Foe been sb�.�e „,Ukce,,t
❑ 3. Nationwide Permit 13. PCN must be submitted The activity does not involve bank stabilization activities.
for bank stabilization exceeding 250 feet or in OR
streams with an average width of less than 20 feet. The activity involves bank stabilization but under the
❑ For streams with a width less than 20 feet, thresholds of the regional condition 3.
activities are limited to no more than %4 cubic yard OR
per linear foot. The PCN has been submitted with this checklist. (also
address the requirement for no more than CY in streams
<20 feet wide, if applicable)
• 4. Nationwide Permit 23. PCN must be submitted. The activity does not involve the use of NWP 23.
OR
The PCN has been submitted with this checklist.
❑ 5. Nationwide Permit 27.
❑ Fishery enhancement in perennial streams not I agree that the activity meets all
authorized. requirements of regional condition number 5.
❑ Channel realignment not authorized.
❑ Structures must allow passage of aquatic
organisms.
❑ Structures must not impede navigation.
❑ Concrete/grout not authorized.
❑ Construction of water parks and flood control
projects not authorized.
Page 1 of 2
Revised January 7,2013. For the most recent version of this checklist,visit the Sacramento District webpage
Check Regional Condition Compliance Rationale
111 6. Nationwide Permits 29 and 39. Floodplain map The activity does not involve the use of NWPs 29 or39
must be submitted with the PCN. OR
A copy of the floodplain map has been submitted with
the PCN.
Q 7. Important Spawning Areas. The activity will not be located in identified important
Q Will not destroy spawning areas or be conducted spawning areas.
during trout and Kokanee spawning seasons. OR
Q Bio engineering required for bank protection The PCN has been submitted with this checklist (also
activities over 50 feet. explain how the activity will comply with the remaining
Q PCN required for activities in important spawning requirements of this condition).
areas.
❑x 8. Removal of Temporary Fills. Horizontal marker I agree to use a horizontal marker to delineate
must be used in wetlands.
the existing ground elevation of wetlands that will
be temporarily impacted.
OR
The activity does not involve temporary fill.
El 9. Fens. NWPS,with the exception of 3, 5, 6, 20, 27, The activity would not occur in a fen or wetland adjacent
32, 37 and 38, are revoked in fens and wetlands to a fen.
adjacent to fens. PCN required for these other OR
NWPs. The activity does not involve use of a revoked NWP.
OR
The PCN has been submitted with this checklist.
O 10. Springs. PCN must be submitted within 100 feet The activity would not occur within 100 feet of the
of discharge of a spring. discharge point of a spring.
OR
The PCN has been submitted with this checklist.
El 11. Suitable Fill. The proposed project would not involve the use of
PCN must be submitted for the use of broken
concrete. broken concrete or concrete with exposed rebar.
• Must demonstrate that soft engineering methods OR
are not practicable. The PCN has been submitted with this checklist
O Concrete with exposed rebar not authorized. (also explain why soft engineering methods are
not practicable, if applicable).
Page 2 of 2
Revised January 7,2013. For the most recent version of this checklist,visit the Sacramento District webpage
106.40000°W 106.38333°W 106.36667°W V.'GS84 106.35000° W
_____ _ Tri `( - � _,,,, 1\1 ipzi\\ 1;1.
' ejLD
tO --. ''''...."'":,.. ..1:11 .jc(
p :
- ' / ---'•----_
(11
l' -)j"4\j1) 1' 1.\
, -„\\_______________Th___ ,
\ \\s_,...\T___i,f,::,,/„
_,
in...c.
\ , .
__
.„...), ,,,,,:„.. ‘ , \_, , ,, y._,____ __.,,, , : .,
t, ,----,,L,
„ _,
t _\_._,---- --'",:'"-- -el'-,- -;2<-7.11C -
4%\‘A\ %)t1 g--- --_--v,. _, __---\'',, ii ' ,,-.,--- / , __ t...-4/ ,-..„--7" ..•
,Q..,ii.301,16. c,..k3 ---Mv..,A/,/..,....4; \ ytyp 1 (
it !, \-\ .."_„,..../16,---/ „ v, rid ,
y
111141" .\,. '' ..\.‘:. -"/F.-' - -‘11 \:. . ,. ..----`-' Z-_-.:-:-; er1/77/ t , . (i .
‘ ) ,V.)) ) 4 - ,coda=
:-.4.,„rx ., s 7A/f k\s\r _____-__----.-..,,____:-_—::.
ziVicThAn. ti./.......i......\\-----An , s __-_,.„------- ---- , ' N.,';_:- ( --=---- ----1------_ s
:,?), r,-... . „ ---.\- -------- --- 1 \ 4\1•-\:.::-..F. .',‘:•,..... / - ---:-,- LtP,
V ------ ..) 1 r_-,:___J,:::.!, / , 17::7-- . ,--,---- ---.------ ---- ,,z ,-t. ---_-, A\ \_:-- N.::_,:----_ _ ___.i.:__//1// :,-_-,----t
v\I
.........
1 .- --''- '1.-1-".4 *-4. fil):0:1- - 1.f-- — WI ___)ral--C- ,,,-_ *A ilei'll;.1:-- . --'''' '-• -----_-__Ci:L-117:-'-:- 41.111"7.,_,,,,,--4(
% ,,,,,,.:.,J.'o, , ,....v.:.,_ _ter =Y
;A0 / •` • vYds .: grit
_._----_,.----,.-z---2-_--_--_-__.,_-_)7
p,, VS/ o " --/ r /----`11.sulk.‘0,, ,,,, ' 14--` \ ''''' V ------ 1.1\_\__,___ 1-2
fo! 4, - .4,g'2,ff-- 6(
,,,, ,_-., ,,,,,,--- sk, h -- _,:-.....---?_. ,. -1,.\\-.0 \\I \ 1 / //i ,
r,
(7‘ :_ 1.41 /...":,./ ....1,1\., .\ ---N\--,N. ,_,,,,..._-...
-__ x_, -
ir
ffr
r!,, ,
~ IeT g- .--'-(ir' ') 4 96g9ter •
11*
•
� �1�� � ,-F-�_ �� __ . i.____rLi I i inH: i rn
-- � am_ _
tre4,--------- ..:--,--_-_-__41 -N410411 _.'„S\..,„ ..-__ -_ .„.__-,...........„.....„..,
ift............. r e_,-,.--,„ -.4-1. -,111\1• '' 14‘4.'`..,, , ‘1 ,- \\kr('-f-----.''''...'".-'...s." ..-------- -- j -1
z —te ." -.4111111k `� i. !N. z
mommuX
ri.7.. /
'''''..----N....."\\......Th%%"7: • --. .\
,13
.;D( I ' -"*\'----- .. NN, fetill; ' -i-ii-:.04;-041. .\\1 ,7*-------' '
FA ..,..>,.. 7-:- .. 1) 1;1\ k r",, It--\_ \, — . M
r ..- . - , - - -k_____,sy.,) 0„,..
v ...........1
\--- /I\ Vti Irq\N§ ''' - Z./ •-'
.,(.tedi it ' "----- ------\.7s 1/4/ :13
�; ' 00a.Naional �o, .'hic /_!�\ 7, A .,„•,.......
106.400000 W 106.38333°W, 106.36667°W WG584 106.35000°W
a S I TN MN
NATIONAL ,000 . o 1000 2000 3000 4000 �e`Essmo 90
GEOGRAPHIC FEE'
s KIOMErEAs t
LOX)�' 0 METERS tO00 11/18/14