HomeMy WebLinkAboutLog057
r.
..
.
.
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
SEATTLE DISTRICT, CORPS OF ENGINEERS
P.O. BOX 3755
SEATTLE, WASHINGTON 98124-3755
JUL 1 6 2004
OE~~~
Regulatory Branch
.IE
DEPt Of COMMUNITY DEVELOPMENT
Mr. Karl Jacobsen
Jacobsen Land Partnership
4250 South Discovery Road
Port Townsend, Washington 98368
Reference: 200300197
Jacobsen Land Partnership
Ladies and Gentlemen:
Our regulatory program utilizes a series of nationwide permits (NWPs) to authorize specific
categories of work that have minimal impact on the aquatic environment when conducted in
accordance with the permit conditions (Federal Register, January 15, 2002, Vol. 67, No. 10).
Based on the information you provided to us, NWP 18, Minor Discharges, authorizes your
proposal to extend a road across Little Goose Creek, an intermittent tributary to Oak Bay, near
Port Hadlock, Jefferson County, Washington. The work would affect up to 4200 square feet of
riparian wetlands, and must be performed as depicted on the enclosed drawings dated
May 24, 2002.
In order for this NWP authorization to be valid, you must ensure that the work is performed
in accordance with the enclosed Nationwide Permit 18, Terms and Conditions. We have also
added a Special Condition, which you must carry out for this form of authorization to be valid:
All riparian areas affected by the road crossing and culvert placement must be revegetated
with native shrub and tree species. Documentation of the revegetation must be submitted to the
Seattle District within 30 days of project completion, in the form of an as-built drawing.
Upon completing the authorized work, please fill out and return the enclosed
Certificate of Compliance with Department of the Army Permit form to the address indicated on
the form. Your signature on this form is our assurance that the completed work was conducted
in accordance with the terms and conditions of this NWP.
In order for this NWP authorization to be valid, the State of Washington (State) must have
issued or waived Section 401 Water Quality Certification (WQC) and concurred with or waived
a Coastal Zone Management (CZM) consistency determination. Based on our review of the
proposed work, the Corps has determined that the proposed work will be in compliance with the
State's WQC and CZM consistency determination concurrence requirements for this NWP.
Therefore, no further coordination with the State is required.
",
LOG ITEM
#57
Page-Lot
,r.:..."......,,-.,'.:..".....~... i~.~--tJ,. t\,:~i1,. -I' ~.:ii..;>>.;,;'..:Hril~...O~ I,
. i " ; ," _)1 ,
, ,! ".. ,. '"~' J
1 !\r
,t d-
j~ ....
~ " ..~.\A:, E". "\ JJ!'\ '} -" ""'li.
t .' . ~ f1~,.tJ." .,~~.h,':'r-.j w...,:..,,-
) f~:;rl~c"H\ntj if;.J.U~.tMj.J to,'NliS
;,;,',.."'...,.".....~__<l_ '.&..1_8- 'J..
-
.
.
l'
,~
!r
.
e
.
-2-
,
,.. ,
We have reviewed your project pursuant to the requirements of the Endangered Species Act
(ESA). We have determined that this project will not affect any species listed as threatened or
endangered under the ESA. As such, this project satisfies the requirements ofNWP National
General Condition 11.
We also reviewed your project pursuant to the requirements of the Magnuson-Stevens
Fishery Conservation and Management Act. We determined that the proposed action would not
adversely affect EFH for federally managed fisheries in Washington.
Our verification of this NWP authorization is valid for 2 years from the date of this letter
unless NWP 18 is modified or revoked prior to that date. If the authorized work has not been
completed by that date, please contact us to discuss the status of your authorization. This
verification includes a preliminary jurisdictional determination that is not appealable.
Ifthis project complies with all terms and conditions of this authorization, you will need no
further permission from us for the above-described work. You must still get any State and local
permits that are applicable to your project.
Thank you for your cooperation during the permit process. Your efforts help us protect our
nation's aquatic resources, including wetlands.
Weare interested in your thoughts and opinions concerning your experience with the
u.S. Army Corps of Engineers, Seattle District's Regulatory Program. Please complete a
Customer Service Survey form. The form is available on our web site at:
http://per2.nwp.usace.army.Inil/survev.htm1. At your request, we will mail you a paper copy that
you may complete and return to us by mail or fax.
If you have any questions about this letter or our regulatory program, please contact me at
telephone (206) 764-6907 or email Jack.Kennedy@nws02.usace.army.mil
Sincerely,
Enclosures
.,
LOG ITEM
#
Page__otee,_.
k../I'
Copyright (C) 1997, Maptech, Ine,
_.:c.::-::er.:C':C:..:. ."~.~:~. ~"'c\',~r~s\S~:r;?-t =-;lts\.:)~:J.?3...-:r::::.c''';. - :.:;/:.).J2 C?l:'" .'C. =t,'. -!-.J'~!.e"
~ I
o .Q1 ~
~ Q
I
I ~~
~~
::0
5-
~ h'
r-Ol
-q
o
o
~
M
~ ~ ~
~ ~ :;j
" Sl z
.tJ ~
~ (')
(') ~
~ co.
co. 0
o c:
~ ~
tn
o
m m
:::f ;:!
~ ~
[Tl !!l
I::j I::j
:!:l (')
r- c:
r. ;-:;
I I
I~ I~
I~ ~
j 1'\ I t'\
1':::.'.1<
I~ I~
~
()
."--i
~
....'...-:.....At.____...........__............
co
Ql
-
o
.jo.
I
...
CII
N.
I
...
o
I
--
\11'
.!.
o.
I
Ul
Ul
<5
-
UI
N
o
N
Ul
t.-
o
1;:-
I I ! I
fill\.)
c..
~ ~\ '-'-, '-" '- ;
~ ~ --..'~ '. - ....,., :'
~ ~ \ . -".
r,,~ .,' '_
'ii)'t>..>
~ .
f)~ '
~; \
ji\
. 01,
-+ '.
-k
N~
..:.. \~"
+ C"i)
..~
-', t'!j
'"'"i
: I I
I
I. I
.j ,
~II
. ~i,1""
-' I ~ ...
I. ~
. .~
is
r"
C:!
c:!
~
~
'~
10 ~J
c
c
JACOBSEN LAND f'lARTNERSHIP
LITTLE GOOSE CREEK CROSSING
PLAN VIEW
I
i ~ !
q Y1C) /~
jg
....!"1
..::'v......, ~~..
J 00
'_ -- P:I,<:
("."f'- ~'~
..J<.~...,.... (")'"
, , 0 '
, ""-'';:00" ~..~,
.T~"-'" ~,.... .
~t:f!l
~~i
~r"c:
8~
~
':;:q'.
C!.
.sao~~
'. b c: <n
'~.i~~
U~...,O)
!=) gJ 0) ;d.
~~~~ >
. OD OIl ,.....,
OD9l . \ ~
Nt>..>~ io-J
.o::o.~
t>..> (') f..
o J: ~
(')
~
~
...,
IlIIIi:iIirn
ENGINEERINC. INC.
iRlkt
'0
~
i
:0 ~ <:.
~r:O
i!r-S
m~
~~
ok
~B
SH~
.~[t1
i!;<::
'1)S;
~
~
~
~
~
~
~
::0
~
~
()
"--i
~
IlEWIIllNS
O"tl
"tJ,,0
~~:D
~:t:::f
(l)mo
~ "tJ Z
"tJr-(I)
)>)>0
C)~"
mO-t
....,,:1:
~-m
.!J1:D(I)
::xJOrn
mZ~
oC""
0)>(1)
r-m
:Dm...-
c ~.....
(1))>0
00."
"~(I)
c..~m
m:DO
,,_-t
,,--
moO
::xJ..-tz
(1)(1)....
O)>j')
Z(I)-t
0"tJ'"
omco
C::D~
Z<:D
~O""
~ r~
:eN:e
)> 0 .
,,~
om:
EI'I'
I%:It1/j"-1
e
\ \\~ \~\
II. \ \\ \\\
!~~ J ) \ \\
ii /'~ : i \
/ \\ (,\\\\
r 1\ '~" \
\\ ~\ "'\\\
, \ \j
'\. l:i
\ il:
W"
:,"
:::t
;;t.
;
i
I
I
, '
, ,o-
J ~._,-_...~- 1\fea ~
[-- ~~::e//-c
I'"
I
';:l
t
I
'-'..~.
I .
I-
I ~'t\\
. \
! . \
r -,.-' - -'. --.- - "\ -- --.
i "
, "
c
'7
'1-
v-
: \
i I
! /</"-...
! '~.' \.
, /r"""
/. '. \
..I:
/-'", .
I, .
(
/ . \
"
\of)
o
\
i
~
..?2.9
/!
13
FEMd
~:/.
("-,'
,.,
c
,
_/
. ,
I \
I
. !
!(
/
I
Iv?
I .proc
L_.r~~..
,.. __l... ,
./
P55C
vie TOR IA Sf
e
e
0
0
0
0
N
'7'
CI.l
Iii
u
r.n
)
)
)
.
~
5
"
:>
::>
:>
...,
0
0
0
..
0
0
0
It>
l~ \/I () 4.
~ ./.
_.:::.:::: er: 02C :,5
..... ""'- ...
~"'C\" ~!..~S\S~. -t =~It.s\..}~:::: 3....: ::r=~.~\I\;.
03_C ='t,'.
~. ~ ~. ~
i I
~ ;g ~
~ sa ii5
h ~ ~
~I::j (')
g ~
~ a
o ~
~
...
o
~~ 0
oF,;
32
c;')-
~ hi
r-Ol
-.....q
ton
o
m rri
;::t ~
s ~
~ ~
~ lj
~ g
r. :-;f
~
~.
(l
~
&
l~~
'\,h ~
I~ C\:)
~ 1'\
I~ ~
_....-.:........--_...,..~_.._ 0..
. a....__
,8
t.-
o
CD
CD
10
Ol
o
.,..
I
,..,
CII
N
I
,..,
o
I
~-
CII'
1-
o
I
UI
UI
o
~
CII
III
o
III
(JI
t.-
o
t.-
UI
I I I I
~t'\)
'"
:4......- ;:.).J2
~ ~\\,~'''~.,. ,~,
s: ;2" '. ""
o:iO Jio \ ' ....;..
I:) 0' ,',
""' 1"1 ;" .... " .
"='1\) . ' ,
~. "
n5;! .
~~ \
~:li;
a!
8~
v\)
Cl
, -+"'-
\
i
I
f
!
j '.~.
-r.
""
~5f!1
"";::10
~l"T1~
8~
@
""'
" .if I ,~
l: ~ ~
:. ~ " ~
.:~ li-
I :t) l.&.J
I: ~;
!i~ ". .~'
Ii ~.!"-3
:', ~t) .~
, _' n1
~ ~.
.< o.
""'
C:!
~
~
'~
10 r
~
g
,,------
"p:j' ,
',~g~~
,~ -i ~ ~
\i'i~~F=
II ~-i 0)
P~['l~
O~/'""<.1I
~ ~>(
.0)
. ~ Clo
Clo?l .
~~~
o ::t
(")
c::
r-
~
-i
.a.
(~.
JAC08S~N LAND 'fIARTN~RSHIP
LITTLE GOOSE CREEK CROSSING
PLAN VIEW
DI!Ii:iIml
ENGINEERING. INC.
"'1
i
I ~ f
q Ad Z-
-!. ..;.~te"
.~~~.
'0 i!E;S
~ mvt
~ ~~
:& o~
~ ~g
~~
~ .~S!
~ "s;
~ ~
~
~ ~
(l
~
~
"---'.~......-.....~
~
(J
....,
~
llEWIIClNS
O-C
-C"TIO
~~~
~:t:_
(l)mo
w "'0 Z
"'Or-en
)>)>0
C')~"
mO-t
.-"TI::t:
~-m
,!11:Oen
::DO.
mZ~
oC~
o)>en
r-m
::Dm......
c 4a......
(1))>0
00"
"TI~en
c:..~.m
m::D~
";J>-
riloo
::D.....z
(1)(1)-.
o)>j')
Z(I)-i
o-cN
omCD
C:::D~
~<:o
=<0'-
w r-=E
:EN:e
)> 0 .
"TI~
IW'[
BY
i%Jt1/) "~
.-,
e
...
...
-'::,
i
r-
I
I
I
j
I
i
i
EZU5N
--L.
!. . ".
I ,.,.,
r\'
i' ~
i 00
1\
, '..' , '. \ ..,
-~~"9':';,~~"~'
I
I
i
I
., I
;
.' I
; rrF/JA
j
I
\
o
7
~
!-"
: \
; I
: I
! (,r-,\
, /-""
/. ',\
, \
/' ,
-0
, ).22.9.
13
FEMC
J .
, )
, : \
('\ j
,. I '\ /
I \./
:::','1~~:,-:'<.j PEMF'
PAir'"
.:i.r'
._..LJ.."!-.
P55C
\ :: .
L._L__, \
vie TOR IA Sf
e
e
8
o
o
(\J
),:..;
III
tii
t)
C/J
~
::>
~
"
:>
:>
:>
..,
a
8
....
a
a
a
In
r%\l1lj 4-
e
e
rf.?ifi)
~
US Army Corps
of Engineers @
Seattle District
NATIONWIDE PERMIT 18
Terms and Conditions
Effective Date: March 18, 2002
A. Description of Authorized Activities - page 1
B. Corps Regional Specific Conditions for this NWP -.,.- page 2
C. EP A, Puyallup Tribe and Chehalis Tribe WQC Conditions for this NWP - page 2
D. State WQC Conditions for this NWP - page 2
E. State CZM Consistency Determination Conditions for this NWP - page 3
F. Corps National General Conditions for all NWPs - page 3
G. Corps Regional General Conditions for all NWPs - page 10
H. Additional Limitations on the Use ofNWPs - page 12
1. Further Information - page 12
In addition to any special condition that may be required on a case-by-case basis by
the District Engineer, the following terms and conditions must be met, as applicable,
for a Nationwide Permit 18 authorization to be valid in Washington State.
A. DESCRIPTION OF AUTHORIZED ACTIVITIES
Minor Discharges. Minor discharges of dredged or fill material into all waters of the US if the activity meets all of
the following criteria:
a. The quantity of discharged material and the volume of area excavated does not exceed 25 cubic yards
below the plane of the ordinary high water mark or the high tide line;
b. The discharge, including any excavated area, will notcause the loss of more than litO-acre ofa special
aquatic site, including wetlands. For the purposes of this NWP, the acreage limitation includes the
filled area and excavated area plus special aquatic sites that are adversely affected by flooding and
special aquatic'sites that are drained so that they would no longer be a water of the US as a result of the
project;
c. If the discharge, including any excavated area, exceeds to cubic yards below the plane of the ordinary
high water mark or the high ~e line or if the discharge is in a special aquatic site, including wetlands,
the permittee notifies the District Engineer in accordance with the "Notification" General Condition.
e
e
For discharges in special aquatic sites, including wetlands, the notification must also include a
delineation of affected special aquatic sites, including wetlands (also see 33 CFR 330. I (e)); and
,.
d. The discharge, including all attendant features, both temporary and permanent, is part of a single and
complete project and is not placed for the purpose of a stream diversion. (Sections 10 and 404)
B. CORPS REGIONAL CONDITIONS FOR TillS NWP
None.
C. EPA, PUYALLUP TRIBE AND CHEHALIS TRIBE WQC
CONDITIONS FOR THIS NWP
EP A, Puyallup Tribe and Chehalis Tribe water quality certification (WQC) has been denied without prejudice. An.
individual WQC is required for all Section 404 activities.
D. STATE WQC CONDITIONS FOR TillS NWP
State WQC has been partially denied without prejudice for this permit. An individual 401 Certification is required
for projects or activities authorized under this NWP if the project/activity will likely result in any of the following
adverse effects:
I. The project or activity will likely cause or contribute to an exceedance of a State water quality standard
(WAC 173-201A) or sediment quality standard (WAC 173-204). The requirement to obtain an individual
401 certification shall not apply to projects or activities that are carried out in accordance with the
following permits, approvals, or management practices. These projects are presumed to comply with state
water quality standards including state sediment management standardS:
a. For WSDOT in-water or over-water construction and maintenance activities, an individual
401 certification is not required for those projects carried out in compliance with 2 through 4
below and the Ecology approved Implementing Agreement regarding compliance with the
state of Washington Surface Water Quality Standards.
Compliance with this condition will be determined through receipt of a signed statement by
the WSDOT project engineer or maintenance supervisor, guaranteeing that the project will
meet the latest Ecology approved Water Quality Implementing Agreement for work In-
Water. This statement shall be sent to the Corps of Engineers along with the JARPA
application.
2. Projects or activities that cause or contribute to a discharge to a waterbody on the state's list of impaired
waterbodies [i.e., the 303( d) list] and the discharge may result in further exceedances of a specific
parameter the waterbody is listed for. The current list of 303( d)-listed waterbodies is available on
Ecology's web site at http://www.ecy.wa.gov/programs/wq/303d/1998/1998_by_wrias.html or by
contacting Ecology's Federal Permits staff.
NOTE: An individual 401 Certification will not be required if the applicant provides documentation showing that
the project or activity will either not result in a discharge containing the listed parameter or, if present, the parameter
will not contribute to an increased impairment of the waterbody.
3. Projects that do not incorporate structures and/or modifications beneficial for fish or wildlife habitat (e.g.,
soil bioengineering, biotechnical design, rock barbs, etc.).
2
e
e
NOTE: An individual 40 I certification will not be required if the project/activity is designed and constructed in
accordance to guidelines developed by the Washington State Department of Fish and Wildlife..
E. STATE CZM CONSISTENCY DETERMINATION CONDITIONS FOR
THIS NWP
The Coastal Zone Management (CZM) Consistency Determination has been denied without prejudice for this NWP.
An individual CZM Consistency Response must be obtained for projects requiring individual 40 1 Certification and
located within counties in the coastal zone.
F. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs
1. Navigation. No activity may cause more than a minimal adverse effect on navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to
ensure public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and
maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work
below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date.
Permittees are encouraged to perform work within waters of the United States during periods oflow-flow or no-flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary life-cycle movements of those
species of aquatic life indigenous to the waterbody, including those species that nonnally migrate through the area,
unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low
flow conditions.
5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken
to minimize soil disturbance.
6. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may
have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the
COIpS or by the state or tnbe in its Section 401 Water Quality Certification and Coastal Zone Management Act
consistency determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River
System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for
such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation, or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency in the area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S.
Fish and Wildlife Service).
8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to,
reserved water rights and treaty fishing and hunting rights.
9. Water Quality.
(a) In certain states and tribal lands an individual 401 Water Quality Certification must be obtained or
waived (See 33 CFR 330.4(c)).
(b) For NWPs 12, 14, 17, 18,32,39,40,42,43, and 44, where the state ortnbal401 certification (either
generically or individually) does not requir~r approve water quality management measures, the permittee must
provide water quality management measures that will ensure that the authorized work does not result in more than
3
e
e
minimal degradation of water quality (or the Corps determines that compliance with state or local standards, where
applicable, will ensure no more than minimal adverse effect on water quali;). An important component of water
quality management includes storm water management that minimizes degradation of the downstream aquatic system,
including water quality (refer to General Condition 21 for stormwater management requirements). Another important
component of water quality management is the establishment and maintenance of vegetated buffers next to open
waters, including streams (refer to General Condition 19 for vegetated buffer requirements for the NWPs). This
condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must
be taken, in most cases it is not necessary to conduct detailed studies to identify such measures or to require
monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency
concurrence must be obtained or waived (see 33 CFR330.4( d)).
11. Endangered Species.
(a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non-
federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected
or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity
until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is
authorized For activities that may affect Federally-listed endangered or threatened species or designated critical
habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of
formal or informal consultation with the FWS or NMFS the District Engineer may add species-specific regional
endangered species conditions to the NWPs.
(b) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered
species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a
Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, both lethal and non-lethal
''takes'' of protected species are in violation of the ESA. Information on the location of threatened and endangered
species and their critical habitat can be obtained directly from the offices of the USFWS and NMFS or their world wide
web pages at http://www..fivs.gov/r9endspp/endspp.html and http://www.nmfs.noaa.gov/protJes/overview/es.html
respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the
National Register of Historic Places is authorized, until the District Engineer has complied with the provisions of33
CFR part 325, Appendix C. The prospective permittee must notify the District Engineer if the authorized activity may
affect any historic properties listed, detemrined to be eligible, or which the prospective permittee has reason to believe
may be eligible for listing on the National Register of Historic Places, and shall not begin the activity until notified by
the District Engineer that the requirements of the National Historic Preservation Act have been satisfied and that the
activity is authorized. Infonnation on the location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see 33 CFR 330.4(g)). For activities that
may affect historic properties listed in, or eligible for listing in, the National Register of Historic Places, the notification
must state which historic property may be affected by the proposed work or include a vicinity map indicating the
location of the historic property.
13. Notification.
(a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District
Engineer with a preconstruction notification (PCN) as early as possible. The District Engineer must determine if the
notification is complete within 30 days of the date of receipt and can request additional infonnation necessary to make
the PCN complete only once. However, if the prospective permittee does not provide all of the requested infonnation,
then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN
review process will not commence until all of the requested infonnation has been received by the District Engineer.
The prospective permittee shall not begin the activity:
4
e
e
(1) Until notified in writing by the District Engineer that the activity may proceed under the NWP with
any special conditions imposed by the District or Division Engineer; or
(2) Ifnotified in writing by the District or Division Engineer that an Individual Pennit is required; or
(3) Unless 45 days have passed from the District Engineer's receipt of the complete notification and the
prospective pennittee has not received written notice from the District or Division Engineer. Subsequently, the
pennittee's right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330.5( dX2).
(b) Contents of Notification: The notification must be in writing and include the following information:
(1) Name, address and telephone numbers of the prospective pennittee;
(2) Location of the proposed project;
(3) Brief description of the proposed project; the project's pwpose; direct and indirect adverse
environmental effects the project would cause; any other NWP( s), Regional General Pennit( s), or Individual Pennit( s)
used or intended to be used to authorize any part of the proposed project or any related activity. Sketches should be
provided when necessary to show that the activity complies with the terms of the NWP (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) ForNWPs 7,12,14,18,21,34,38,39,40,41,42, and 43, the PCN must also include a delineation
of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass
beds), and riffle and pool complexes (see paragraph 13(f));
(5) For NWP 7 (Outfall Structures and Maintenanc~), the PCN must include information regarding the
original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is
proposed;
(6) For NWP 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation
proposal to offset permanent losses of waters of the US and a statement describing how temporary losses of waters of
the US will be minimized to the maximum extent practicable;
(7) For NWP 21 (Surface Coal Mining Activities), the PCN must include an Office of Surface Mining
(OSM) or state-approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must
determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental
effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in
writing;
(8) For NWP 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of
the prior condition of the site that will be reverted by the permittee; .
(9) For NWP 29 (Single-Family Housing), the PCN must also include:
(i) Any past use of this NWP by the Individual Pennittee and/or the pennittee's spouse;
(ii) A statement that the single-family housing activity is for a personal residence of the permittee;
(iii) A description of the entire parcel, including its size, and a delineation of wetlands. For the
pwpose of this NWP, parcels ofland measuring l/4-acre or less will not require a formal on-site delineation. However,
the applicant shall provide an indication of where the wetlands are and the amount of wetlands that exists on the
property. For parcels greater than 1/4-acre in size, formal wetland delineation must be prepared in accordance with the
current method reqUired by the Corps. (See paragraph 13(f));
",
5
e
e
(iv) A written description of all land (including, if available, legal descriptions) owned by the
prospective permittee and/or the prospective permittee's spouse, within a?ie mile radius of the parcel, in any form of
ownership (including any land owned as a partner, corporation, joint tenant, co-tenant, or as a tenant-by-the-entirety)
and any land on which a purchase and sale agreement or other contract for sale or purchase has been executed;
(10) For NWP 31 (Maintenance of Existing Flood Control Facilities), the prospective permittee must
either notify the District Engineer with a PCN prior to each maintenance activity or submit a five year (or less)
maintenance plan. In addition, the PCN must include all of the following:
(i) SUfficient baseline information identifying the approved channel depths and configurations and
existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is not
increased;
(ii) A delineation of any affected special aquatic sites, including wetlands; and,
(ill) Location of the dredged material disposal site;
(11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must also include a
restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources;
(12) For NWPs 39, 43 and 44, the PCN must also include a written statement to the District Engineer
explaining how avoidance and minimization for losses of waters of the US were achieved on the project site;
(13) For NWP 39 and NWP 42, the PCN must include a compensatory mitigation proposal to offset
losses of waters of the US or justification explaining why compensatory mitigation should not be required. For
discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District
Engineer must determine that the activity complies with the other tenns and conditions of the NWP, determine adverse
environmental effects are minimal both individually and cumulatively, and waive the limitation on stream impacts in
writing before the permittee may proceed;
(14) For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to
offset losses of waters of the US. This NWP does not authorize the relocation of greater than 300 linear-feet of existing
serviceable drainage ditches constructed in non-tidal streams unless, for drainage ditches constructed in intermittent
non-tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that
the project complies with all tenns and conditions of this NWP, and that any adverse impacts of the project on the
aquatic environment are minimal, both individually and cumulatively;
(15) For NWP 43 (Stormwater Management Facilities), the PCN must include, for the construction of
new stormwater management facilities, a maintenance plan (in accordance with state and local requirements, if
applicable) and a compensatory mitigation proposal to offset losses of waters of the US. For discharges that cause the
loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine
that the activity complies with the other tenns and conditions of the NWP, determine adverse environmental effects are
minimal both individually and cumulatively, and waive the limitation on stream impacts in writing before the permittee
may proceed;
(16) For NWP 44 (Mining Activities), the PCN must include a description of all waters of the US
adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the US, a
description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining
activities in isolated waters and non-tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities);
(17) For activities that may adversely affect Federally-listed endangered or threatened species, the PCN
must include the name(s) of those endangered or threatened species that may be affected by the proposed work or
utilize the designated critical habitat that may be affected by the proposed work; and
6
e
e
(18) For activities that may affect historic properties listed in, or eligible for listing in, the National
Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or
include a vicinity map indicating the location of the historic property.
(c) Form of Notification: The standard Individual Permit application form (Form ENG 4345) may be used
as the notification but must clearly indicate that it is a PCN and must include illl of the information required in (b) (1 )_
(18) of General Condition 13. A letter containing the requisite information may also be used.
(d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will
determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative
adverse environmental effects or may be contrary to the public interest. The prospective permittee may submit a
proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed
compensatory mitigation the applicant has included in the proposal in determining whether the net adverse
environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer
determines that the activity complies with the terms and conditions of the NWP and that the adverse effects on the
aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and
include any conditions the District Engineer deems necessary. The District Engineer must approve any compensatory
mitigation proposal before the permittee commences work If the prospective permittee is required to submit a
compensatory mitigation proposal with the PCN, the proposal may be either conceptual or detailed If the prospective
permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously
review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of
receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more
than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic
environment (after consideration of the compensatory mitigation proposal) are determined by the District Engineer to
be minimal, the District Engineer will provide a timely written response to the applicant. The response will state that
the project can proceed under the terms and conditions of the NWP. If the District Engineer determines that the
adverse effects of the proposed work are more than minimal, then the District Engineer will notify the applicant either:
(1) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an Individual Permit; (2) that the project is authorized under the NWP subject to the
applicant's submission of a mitigation proposal that would reduce the adverse effects on the aquatic environment to the
minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where the
District Engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the
aquatic environment, the activity will be authorized within the 45-day PCN period The authorization will include the
necessary conceptual or specific mitigation or a requirement that the applicant submit a mitigation proposal that would
reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, or
a mitigation plan is required under item (2) above, no work in waters of the US will occur until the District Engineer
has approved a specific mitigation plan.
(e) Agency Coordination: The District Engineer will consider any comments from Federal and state
agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for
mitigation to reduce the project's adverse environmental effects to a minimal level. For activities requiring notification
to the District Engineer that result in the loss of greater than l/2-acre of waters of the US, the District Engineer will
provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the
appropriate Federal or state offices (USFWS, state natural resource or water quality agency, EPA, State Historic
Preservation Officer (SHPO), and, if appropriate, the NMFS). With the exceptionofNWP 37, these agencies will then
have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that they
intend to provide substantive, site-specific comments. If so contacted by an agency, the District Engineer will wait an
additional 15 calendar days before making a decision on the notification. The District Engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the resource agency, except
as provided below. The District Engineer will indicate in the administrative record associated with each notification
that the resource agencies' concerns were considered. As required by section 305(b)(4)(B) of the Magnuson-Stevens
Fishery Conservation and Management Act, the District Engineer will provide a response to NMFS within 30 days of
receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps
multiple copies of notifications to expedite agency notification.
--
7
e
e
( t) Wetland Delineations: Wetland delineations must be prepared in accordance with the current method
required by the COlpS (For NWP 29 see paragraph (bX9)(iii) for parcels less than (1/4-acre in size). The pennittee may
ask the Corps to delineate the special aquatic site. There may be some det:y if the Corps does the delineation.
Furthermore, the 45-day period will not start until the wetland delineation has been completed and submitted to the
Corps, where appropriate.
14. Compliance Certification. Every permittee who has received NWP verification from the Corps will submit
a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by
the Corps with the authorization letter and will include:
(a) A statement that the authorized work was done in accordance with the Corps authorization, including any
general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit conditions; and
( c) The signature of the permittee certifying the completion of the work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is
prohibited, except when the acreage loss of waters of the US authorized by the NWPs does not exceed the acreage limit
of the NWP with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maxinnun acreage loss of waters of the US for
the total project cannot exceed 1/3-acre).
16. . Water Supply Intakes. No activity, including structures and work in navigable waters of the US or
discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the
activity is for repair of the public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the US or discharges of
dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related
to a shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the US or discharges of
dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material
used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the CW A).
19. Mitigation. The District Engineer will consider the factors discussed below when determining the
acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment
that are more than minimal.
(a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US
to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or compensating) will be required
to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.
( c) Compensatory mitigation at a minimum one- for-one ratio will be required for all wetland impacts
requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project-specific waiver of this requirement. Consistent with National
policy, the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with
preservation used only in exceptional circumstances.
(d) Compensatory mitigation (i.e., replacement or substitution of aquatic resources for those impacted) will .
not be used to increase the acreage losses allowed by the acreage limits of some of the NWPs. For example, 1/4-acre of
wetlands cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre loss associated with NWP 39
verification. However, 1/2-acre of created wetlands can be used to reduce the impacts of a 1/2-acre loss of wetlands to
the minimum impact level in order to meet the minimal impact requirement associated with NWPs.
8
e
e
(e) To be practicable, the mitigation must be available and capable of being done considering costs, existing
technology, and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and
practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or
upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and
values by creating, restoring, enhancing, or preserving similar functions and values, preferably in the same watershed.
(f) Con;q>ensatory mitigation plans for projects in or near streams or other open waters will normally include
a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated
buffers to open waters. In many cases, vegetated buffers will be the only compensatory mitigation required. Vegetated
buffers should consist of native species. The width of the vegetated buffers required will address documented water
quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the
stream, but the District Engineers may require slightly wider vegetated buffers to address documented water quality or
habitat loss concerns. Where both wetlands and open waters exist on the project site, the Corps will determine the
appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the
aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate
form of compensatory mitigation, the District Engineer may waive or reduce the requirement to provide wetland
compensatory mitigation for wetland impacts.
(g) Compensatory mitigation proposals submitted with the ''notification'' may be either conceptual or
detailed.. If conceptual plans are approved under the verification, then the Corps will condition the verification to
require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters
of the US.
(h) Permittees may propose the use of mitigation banks, in-lieu fee arrangements or separate activity-specific
compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the
party responsible for accomplishing and/or complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the US or discharges of
dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial
turbidity) of an important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to
maintain preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the
activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary
purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand
expected high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the
site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not
increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction
conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the
maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the
project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a
requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that
have the potential to affect watertlows. While appropriate measures must be taken, it is not necessary to conduct
detailed studies to identify such measures or require monitoring t<iensure their effectiveness. Normally, the Corps will
defer to state and local authorities regarding management of water flow.
22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to
the aquatic system due to the acceleration of the passage of water, and/or the restricting its flow shall be minimized to
the maximum extent practicable. This includes structures and work in navigable waters of the US, or discharges of
dredged or fill material.
23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the US or
discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum
extent practicable. '
9
e
e
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas
returned to their preexisting elevation.
,.
25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine
sanctuaries, National Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat for Federally listed
threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or
other waters officially designated by a state as having particular environmental or ecological significance and identified
by the District Engineer after notice and opportunity for public comment. The District Engineer may also designate
additional critical resource waters after notice and opportunity for comment.
( a) Except as noted below, discharges of dredged or fill material into waters of the US are not authorized by
NWPs 7, 12, 14, 16, 17,21,29,31,35,39,40,42,43, and 44 for any activity within, or directly affecting, critical
resource waters, including wetlands adjacent to such Waters. Discharges of dredged or fill materials into waters of the
US may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General
Condition 7. Further, such discharges may be authorized in designated critical habitat for Federally listed threatened or
endangered species if the activity complies with General Condition 11 and the USFWS or the NMFS has concurred in
a determination of compliance with this condition.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19,22,23,25,27,28,30,33,34,36,37, and 38, notification is required in
accordance with General Condition 13, for any activity proposed in the designated critical resource waters including
wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after it is
determined that the impacts to the critical resource waters will be no more than minimal.
26. Fills Within tOO-Year Floodplains. For purposes of this General Condition, 100-year floodplains will be
identified through the existing Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or
FEMA-approved local floodplain maps.
(a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the
US within the mapped 100-year floodplain, below headwaters (i.e., 5 cfs), resulting in permanent above-grade fills, are
not authorized by NWPs 39, 40, 42, 43, and 44.
(b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the US
within the FEMA or locally mapped floodway, resulting in permanent above-grade fills, are not authorized by NWPs
39,40,42, and 44.
( c) The permittee must comply with any applicable FEMA-approved state or local floodplain management
requirements.
27. Construction Period. For activities that have not been verified by the Corps and the project was commenced
or under contract to commence by the expiration date of the NWP (or modification or revocation date), the work must
be completed within 12-months after such date (including any modification that affects the project). For activities that
have been verified and the project was commenced or under contract to commence within the verification period, the
work must be completed by the date determined by the Corps. For projects that have been verified by the Corps, an
extension of a Corps approved completion date maybe requested. This request must be submitted at least one month
before the previously approved completion date.
G. CORPS REGIONAL GENERAL CONDITIONS FOR ALL NWPs
1. Mature Forested and Bog and Bog-like Wetlands. The use ofNWPs is specifically prohtbited in mature
forested wetlands or bog and bog-like wetlands or just these components of a wetland system (as defined in the
Definition section of this Public Notice), except for projects provided coverage under the following NWPs:
NWP 3(i,ii) -
NWP 20
Maintenance
Oil Spill Cleanup
10
e
e
NWP 32
NWP 38
NWP 40(a) -
Completed Enforcement Actions
Cleanup of Hazardous and Toxic Waste
USDA program participant
NOTE: NWP regulations do not allow the regional conditioning ofNWP 40(a).
2. Access. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being, or has been, accomplished in accordance with the terms and conditions of your
permit
3. Commencement Bay. An individual permit is required in the Commencement Bay Study Area (CBSA) for
activities which would have qualified for the following NWPs:
NWP 12 - Utility Line Activities (substations and access roads)
NWP 13 - Bank Stabilization
NWP 14 - Linear Transportation Crossings
NWP 23 - Approved Categorical Exclusions
NWP 29 - Single-Family Housing
NWP 39 - Residential, Commercial, and Institutional Developments
NWP 40 - Agricultural Activities
NWP 41 - Reshaping Existing Drainage Ditches
NWP 42 - Recreational Facilities
NWP 43 - Stormwater Management Facilities
The CBSA is located near the southern end ofPuget Sound's main basin at Tacoma, Pierce County, Washington. The
CBSA extends from Brown's Point around the bay to Point Defiance and includes the commercial waterways,
wetlands, and any other jurisdictional waters. From Point Defiance, the line runs southeast to State Route 7 (pacific
Avenue), then south to the centerline ofI-5; then east (northbound lanes) along 1-5 to the Puyallup River. The
boundary extends 200 feet on either side of the Puyallup River southeast to the Clark Creek Road (Melroy) Bridge.
From the Puyallup River, the boundary extends east along 1-5 to 70th Avenue E. The line then returns to Brown's
Point to the northwest, following the 100-foot contour elevation above sea level located east ofHylebos Creek and
Marine View Drive.
4. Mill Creek Special Area Management Plan (SAMP). Within the boundaries of the (SAMP), the following
NWPs can be used only in those areas designated as "Developable Wetlands":
NWP 14 -
NWP 23 -
NWP 29 -
NWP 33 -
NWP 39 -
NWP 40-
NWP 41 -
NWP 42 -
NWP 43 -
Linear Transportation Crossings
Approved Categorical Exclusions
Single-Family Housing
Temporary Construction, Access and Dewatering
Residential, Commercial, and Institutional Developments
Agricultma1 Activities
Reshaping Existing Drainage Ditches
Recreational Facilities
Stormwater Management Facilities
Until the SAMP is approved, the users of these NWPs listed above (except NWP 40a.) must notify the District
Engineer in accordance with General Condition 13 for any acreage or volume proposed Once the SAMP is approved,
the "Notification" limits will be as specified in the individual NWPs.
Mitigation requirements for these projects must either be onsite or within the areas designated as "Preferred Mitigation
Sites". Mitigation plans must comply with the requirements found within the Mill Creek Special Area Management
Plan, King County, Washington, dated April 2000.
An individual permit is required for all pro~sals in "Developable Wetlands" that would have qualified for NWPs other
than those listed above.
11
e
e
NWP 27, Stream Restoration and Enhancement Activities, can be used within the SAMP, but, must comply with the
requirements found within the Mill Creek Special Area Management PI~King County, Washington.
The Mill Creek SAMP applies to all areas and tributaries drained by Mill Creek (Auburn), Mullen Slough, Midway
Creek, Auburn Creek, and the area bounded by 4th Street Northeast in Auburn on the south, and the Ordinary High
Water mark of the Green River on the east and north.
5. Prohibited Work Times for Bald Eagle Protection. For compliance with National General Condition 11,
the following construction activity prohibitions apply to protect bald eagles, listed as threatened under the Endangered
Species Act:
(a) No construction activity authorized under a NWP shall occur within 1/4 mile of an occupied bald eagle
nest, nocturnal roost site, or wintering concentration area, within the following seasonal work prolnbition times.
(b) No construction activity authorized under a NWP shall occur within 1/2 mile BY LINE OF SIGHT of an
occupied bald eagle nest or nocturnal roost site, within the following seasonal work prohibition times:
Work prohibition times:
(1) Nesting between January 1 and August 15 each year.
(2) Wintering areas between November 1 and March 31 each year.
Exceptions to these prohibited work times can be made by request to the Corps and approved by the U.S. Fish and
Wildlife Service (USFWS).
Contact the USFWS to determine if a bald eagle nest, nocturnal roost, or wintering concentration occurs near your
proposed project:
West of Cascades: Olympia Office-(360) 753-9440
East of Cascades: Ephrata - (509) 754-8580 or Spokane - (509) 893-8002
Mainstem of the Columbia River downstream from McNary Dam: Portland - (503) 231-6179
H. ADDITIONAL LIMITATIONS ON THE USE OF NWPs
1. District Engineers have authority to determine if an activity complies with the terms and conditions of an
NWP.
2. NWPs do not obviate the need to obtain other Federal, state, or'local permits, approvals, or authorizations
required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
6. If future operations by the United States require the removal, relocation, or other alteration of the work
herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, you
will be required, upon due notice from the U. S Army Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim shall be
made against the United States on account of any such removal or alteration.
12
e
e
I. FURTHERINFORMATION
Further information about the u.s. Army Corps of Engineers regulatory program, including nationwide permits, may
also be accessed on our Internet page: http://www.nws.usace.army.mil (select "Regulatory/Permits").
,
13
..
e
e
m
CERTIFICATE OF COMPLIANCE
WITH DEPARTMENT OF THE ARMY PERMIT
US Army Corps
of Engineers @
SeatUe District
Permit Number:
200300197
Name of Permittee:
Jacobsen Land Partnership
Date of Issuance:
Upon completion ofthe activity authorized by this permit, please check the applicable
boxes below, sign this certification, and return it to the following address:
Department of the Army
U.S. Army Corps of Engineers
Seattle District, Regulatory Branch
Post Office Box 3755
Seattle, Washington 98125-3755
Please note that your permitted activity is subject to a compliance inspection by a
U.S. Army Corps of Engineers representative. If you fail to comply with the terms and
conditions of your authorization, your project is subject to suspension, modification, or
revocation.
o
The work authorized by the above-referenced permit has been completed in
accordance with the terms and conditions of this permit.
o
The mitigation required (not including monitoring) by the above-referenced
permit has been completed in accordance with the terms and conditions of
this permit.
Signature of Permittee
till