State |
Regional Conditions |
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FINAL |
The following are the final Regional Conditions to the Nationwide Permits within the State of Colorado. This action is in accordance with the authority of Section 404 of the Clean Water Act and Title 33, Code of Federal Regulations, Part 330.5(c). |
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FINAL |
The following regional conditions to the nationwide permits in New Mexico have been approved. This action was undertaken in accordance with the authority of Section 404 of the Clean Water Act and Title 33, Code of Federal Regulations, Part 330.5(c). |
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FINAL |
The following regional conditions to the nationwide permits within the State of Texas have been approved. This action was undertaken in accordance with the authority of Section 404 of the Clean Water Act and Title 33, Code of Federal Regulations, Part 330.5(c). |
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Checklists |
Checklist For Nationwide Permit Submittals |
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Nationwide Permit - 2007 |
Permit Description |
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Maintenance- Activities related to: 1) the repair, rehabilitation, or placement of any previously authorized structure; 2) discharges of dredged or fill material, including excavation, to remove accumulated sediments in the vicinity of existing structures or the placement of riprap to protect the structure; 3) discharges of dredged or fill material, including excavation, associated with the restoration of upland areas damaged by storm, flood, or other event, including the construction, placement, or installation of upland protection structures. (see full text) |
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Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities - Fish and wildlife harvesting devices and activities such as pound nets, crab traps, crab dredging, eel pots, lobster traps, duck blinds, and clam and oyster digging, and small fish attraction devices such as open water fish concentrators (sea kites, etc.).(see full text) |
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Scientific Measurement Devices and Activities - Devices, whose purpose is to measure and record scientific data, such as staff gages, tide gages, water recording devices, water quality testing and improvement devices, and similar structures. (see full text) |
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Survey Activities - Survey activities including core sampling, seismic exploratory operations, plugging of seismic shot holes and other exploratory type bore holes, soil survey, sampling, and historic resources surveys. (see full text) |
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Outfall Structures and Associated Intake Structures - Activities related to the construction or modification of outfall structures and associated intake structures, where the effluent from the outfall is authorized, conditionally authorized, or specifically exempted by, or that are otherwise in compliance with regulations issued under the National Pollutant Discharge Elimination System Program (Section 402 of the Clean Water Act). (see full text). |
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Mooring Buoys - Non-commercial, single-boat, mooring buoys. (see full text) |
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Temporary Recreational Structures - Temporary buoys, markers, small floating docks, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use provided that such structures are removed within 30 days after use has been discontinued. At Corps of Engineers reservoirs, the reservoir manager must approve each buoy or marker individually. (see full text) |
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Utility Line Activities - Activities required for the construction, maintenance and repair of utility lines and associated facilities in waters of the US. (see full text) |
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Bank Stabilization - Bank stabilization activities necessary for erosion prevention provided the activity meets specific criteria (see full text). |
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Linear Transportation Projects - Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., highways, railways, trails, airport runways, and taxiways) in waters of the US, including wetlands, if the activity meets the criteria (see full text). |
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U.S. Coast Guard Approved Bridges. Discharges of dredged or fill material incidental to the construction of bridges across navigable waters of the United States, including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills, provided such discharges have been authorized by the U.S. Coast Guard as part of the bridge permit. Causeways and approach fills are not included in this NWP and will require a separate section 404 permit. (Section 404) |
NW-16 |
Return Water From Upland Contained Disposal Area - Return water from an upland contained dredged material disposal area. The return water from a contained disposal area is administratively defined as a discharge of dredged material by 33 CFR 323.2(d), even though the disposal itself occurs on the upland and does not require a section 404 permit. (see full text) |
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Hydropower Projects - Discharges of dredged or fill material associated with (a) small hydropower projects at existing reservoirs where the project, which includes the fill, are licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended; and has a total generating capacity of not more than 5000 kW; and the permittee notifies the District Engineer in accordance with the "Notification" General Condition; or (b) hydropower projects for which the FERC has granted an exemption from licensing pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power Act, as amended; provided the permittee notifies the District Engineer in accordance with the "Notification" General Condition. (see full text) |
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Minor Discharges - Minor discharges of dredged or fill material into all waters of the US if the activity meets the criteria (see full text) |
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Minor Dredging - Dredging of nor more than 25 cubic yards below the plane of the ordinary high water mark (OHWM) or the mean high water mark from navigable waters of the US (i.e., Section 10 waters) . This NWP does not authorize the dredging or degradation through siltation of coral reefs, sites that support submerged aquatic vegetation (including sites where submerged aquatic vegetation is documented to exist, but may not be present in a given year), anadromous fish spawning areas, or wetlands, or the connection of canals or other artificial waterways to navigable waters of the US (see 33 CFR 322.5(g)). (see full text) |
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Oil Spill Cleanup - Activities required for the containment and cleanup of oil and hazardous substances which are subject to the National Oil and Hazardous Substances Pollution Contingency Plan (40 CFR part 300) provided that the work is done in accordance with the Spill Control and Countermeasure Plan required by 40 CFR, part 112.3 and any existing state contingency plan and provided that the Regional Response Team (if one exists in the area) concurs with the proposed containment and cleanup action. (see full text) |
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Surface Coal Mining Activities - Discharges of dredged or fill material into waters of the US associated with surface coal mining and reclamation operations provided the coal mining activities are authorized by the DOI, Office of Surface Mining (OSM), or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977. (see full text) |
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Removal of Vessels. Temporary structures or minor discharges of dredged or fill material required for the removal of wrecked, abandoned, or disabled vessels, or the removal of man-made obstructions to navigation. This NWP does not authorize maintenance dredging, shoal removal, or riverbank snagging. |
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Approved Categorical Exclusions - Activities undertaken, assisted, authorized, regulated, funded, or financed, in whole or in part, by another Federal agency or department (see full text).
(Note: To date, only the Bureau of Reclamation, Federal Highway Administration, and the U.S. Coast Guard have submitted Categorical exclusion lists to the Chief of Engineers and received authorization to use Nationwide Permit 23.) |
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Indian Tribe or State Administered Section 404 Programs. Any activity permitted by a state or Indian Tribe administering its own section 404 permit program pursuant to 33 U.S.C. 1344(g)-(l) is permitted pursuant to Section 10 of the Rivers and Harbors Act of 1899. (Section 10)
Note 1: As of the date of the promulgation of this NWP, only New Jersey and Michigan administer their own section 404 permit programs.
Note 2: Those activities that do not involve an Indian Tribe or State section 404 permit are not included in this NWP, but certain structures will be exempted by Section 154 of Pub. L. 94-587, 90 Stat. 2917 (33 U.S.C. 591) (see 33 CFR 322.4(b)). |
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Structural Discharges - Discharges of material such as concrete, sand, rock, etc., into tightly sealed forms or cells where the material will be used as a structural member of standard pile supported structures, such as bridges, transmission line footings, and walkways or for general navigation, such as mooring cells, including the excavation of bottom material from within the form prior to the discharge of concrete, sand, rock, etc. (see full text) |
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Aquatic Habitat Restoration, Establishment, and Enhancement Activities - Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas and the restoration and enhancement of non-tidal streams and other non-tidal open waters, provided those activities result in net increases in aquatic resource functions and services. (see full text) |
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Modifications of Existing Marinas. Reconfiguration of existing docking facilities within an authorized marina area. No dredging, additional slips, dock spaces, or expansion of any kind within waters of the United States is authorized by this NWP. (Section 10) |
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Residential Developments - Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of a single residence, a multiple unit residential development, or a residential subdivision. (see full text) |
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Moist Soil Management for Wildlife - Discharges of dredged or fill material into non-tidal waters of the United States and maintenance activities that are associated with moist soil management for wildlife for the purpose of continuing ongoing, site-specific, wildlife management activities where soil manipulation is used to manage habitat and feeding areas for wildlife (see full text) |
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Maintenance of Existing Flood Control Facilities - Discharge of dredged or fill material resulting from activities associated with the maintenance of existing flood control facilities, including debris basins, retention/detention basins, and channels that: (see full text) |
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Completed Enforcement Actions - Any structure, work or discharge of dredged or fill material, remaining in place, or undertaken for mitigation, restoration, or environmental benefit in compliance with either: (see full text) |
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Temporary Construction, Access and Dewatering - Temporary structures, work and discharges, including cofferdams, necessary for construction activities or access fills or dewatering of construction sites; provided that the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. (see full text) |
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Maintenance Dredging of Existing Basins. Excavation and removal of accumulated sediment for maintenance of existing marina basins, access channels to marinas or boat slips, and boat slips to previously authorized depths or controlling depths for ingress/egress, whichever is less, provided the dredged material is deposited at an upland site and proper siltation controls are used. (Section 10) |
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Boat Ramps - Activities required for the construction of boat ramps provided the activity meets the following criteria: (see full text) |
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Emergency Watershed Protection and Rehabilitation - Work done by or funded by: (a) The NRCS which is a situation requiring immediate action under its emergency Watershed Protection Program (see full text) |
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Cleanup of Hazardous and Toxic Waste - Specific activities required to effect the containment, stabilization, or removal of hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with established legal or regulatory authority. (see full text) |
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Commercial, and Institutional Developments -Discharges of dredged or fill material into non-tidal waters of the United States for the construction or expansion of commercial and institutional building foundations and building pads and attendant features that are necessary for the use and maintenance of the structures. (see full text) |
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Agricultural Activities - Discharges of dredged or fill material into non-tidal waters of the United States for agricultural activities, including the construction of building pads for farm buildings. (see full text) |
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Reshaping Existing Drainage Ditches - Discharges of dredged or fill material into non-tidal waters of the United States, excluding non-tidal wetlands adjacent to tidal waters, to modify the cross-sectional configuration of currently serviceable drainage ditches constructed in waters of the United States, for the purpose of improving water quality by regrading the drainage ditch with gentler slopes, which can reduce erosion, increase growth of vegetation, and increase uptake of nutrients and other substances by vegetation. (see full text) |
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Recreational Facilities - Discharges of dredged or fill material into non-tidal waters of the US, excluding non-tidal wetlands adjacent to tidal waters, for the construction or expansion of recreational facilities, provided the activity meets all of the following criteria: (see full text) |
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Stormwater Management - Discharges of dredged or fill material into non-tidal waters of the US for the construction and maintenance of stormwater management facilities, including activities for the excavation of stormwater ponds/facilities, detention basins, and retention basins; the installation and maintenance of water control structures, outfall structures and emergency spillways; and the maintenance dredging of existing stormwater management ponds/facilities and detention and retention basins, provided the activity meets all of the following criteria: (see full text) |
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Mining Activities - Discharges of dredged or fill material into: (see full text) |
NW-45 |
Repair of Upland Damaged by Discrete Events - This NWP authorizes discharges of dredged or fill material, including dredging or excavation, into all waters of the United States for activities associated with the restoration of upland areas damaged by storms, floods, or other discrete events. (see full text) |
NW-46 |
Discharge in Ditches - Discharges of dredged or fill material into non-tidal ditches that are: (see full text) |
NW-47 |
Pipeline Safety Program Designated Time Sensitive Inspections and Repairs - Activities required for the inspection, repair, rehabilitation, or replacement of any currently serviceable structure or fill for pipelines that have been identified by the Pipeline and Hazardous Materials Safety Administration's Pipeline Safety Program (PHP) within the U.S. Department of Transportation as time-sensitive (see 49 CFR parts 192 and 195) and additional maintenance activities done in conjunction with the time-sensitive inspection and repair activities. (see full text) |
NW-48 |
Existing Commercial Shellfish Aquaculture Activities - This NWP authorizes the installation of buoys, floats, racks, trays, nets, lines, tubes, containers, and other structures necessary for the continued operation of the existing commercial aquaculture activity. (see full text) |
NW-49 |
Coal Remining Activities - Discharges of dredged or fill material into non-tidal waters of the United States associated with the remining and reclamation of lands that were previously mined for coal, provided the activities are already authorized, or are currently being processed as part of an integrated permit processing procedure, by the Department of Interior (DOI) Office of Surface Mining (OSM), or by states with approved programs under Title IV or Title V of the Surface Mining Control and Reclamation Act of 1977. (see full text) |
NW-50 |
Underground Coal Mining Activities - Discharges of dredged or fill material into non-tidal waters of the United States associated with underground coal mining and reclamation operations provided the activities are authorized, or are currently being processed as part of an integrated permit processing procedure, by the Department of Interior (DOI), Office of Surface Mining (OSM), or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977. (see full text) |
