06-17-2019 Planning Commission Packet

Home Browse Search

2017 Nationwide Permits St. Paul District Regional and General Conditions To qualify for NWP authorization,the prospective permittee must comply with the following regional and general conditions,as applicable,in addition to any regional or case specific conditions imposed by the division engineer or district engineer.Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs,or who is currently relying on an existing or prior permit authorization unde one or more NWPs,has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification,suspension,or revocation of any NWP authorization. The following Regional Conditions are applicable to all NWPs: Nationwide Permit(NWP) Limitations: A. Discretionary authority:As allowed under 33 CFR 330.1(d),the District retains discretionary authority to require an individual permit of any activity eligible for authorization by a NWP based on concern for the aquatic environment or for any other factor of the public interest. B. Limit on Tributary Impacts:Any regulated activity that would result in the loss of greater than 500 linear feet of a tributary in a single location is not authorized by a NWP with the exception of projects verified by NWPs 13,27,32,37,53 or 54 where the permanent alteration would have an overall beneficial effect on the aquatic ecosystem associated with discharges proposed.A waiver from the specifications in this Regional Condition may be requested in writing.The waiver will only be issued if it can be demonstrated that permanent alteration of the tributary would have an overall beneficial effect on the aquatic ecosystem associated with the discharges proposed.This regional condition does not expand the limitations of a specific NWP where that NWP is more restrictive. C. Linear Projects:No linear utility or linear transportation projects are eligible for authorization by NWPs.These projects will be reviewed for authorization under the St.Paul District's regional or programmatic general permits or an individual permit. D. Great Lakes Compact:No project or part of a project that would divert more than 10,000 gallons per day of surface or ground water into or out of the Great Lakes Basin is authorized by NWPs. E. Tribal Rights:As stated in General Condition 17 of the NWPs,no activity may impair tribal rights,including treaty rights,protected tribal resources or tribal lands. F. Areas under a Special Area Management Plan:Regulated activities located within an area eligible for authorization under a valid Special Area Management Plan with an associated programmatic general permit are ineligible for authorization by NWPs. G. Designated Critical Resource Water:The Lake Superior National Estuarine Research Reserve is a designated critical resource water and is subject to the NWP limitations and PCN requirements described in General Condition#22 of the NWPs. H. Calcareous fens: WISCONSIN:No work in a calcareous fen is authorized by a NWP unless the Wisconsin Department of Natural Resources(WI DNR)has approved an individual permit for the proposed regulated activity.Project proponents must provide evidence of an approved individual permit to the District. MINNESOTA:No work in a calcareous fen is authorized by a NWP unless the Minnesota Department of Natural Resources(MN DNR)has approved a calcareous fen management plan specific to a project that otherwise qualifies for authorization by a NWP.Project proponents must provide evidence of an approved fen management plan to the District.A list of known Minnesota calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf Pre-Construction Notification(PCN)Requirements for Specific Water/Places I. PCNs for Special Aquatic Resources:A project proponent must notify the District by submitting a PCN if a regulated activity would occur in any of the following aquatic resources.Prior to beginning work in these waters,a District NWP verification letter must be received. PROJECTS IN WISCONSIN: (1)state-designated wild rice waters (6)fens;and (https://data.glifwc.org/manoomin.harvest.info); (7)wetland sites designated of international importance (2)coastal plain marshes; under the Ramsar Convention,including:the Horicon Marsh, (3)bog wetland plant communities; Upper Mississippi River Floodplain Wetland,Kakagon and (4)interdunal wetlands; Bad River Slough,Door Peninsula Coastal Wetlands, (5)Great Lakes ridge and swale complexes; Chiwaukee Illinois Beach Lake Plain. The complete Ramsar list is available at(https://rsis.ramsar.org/). More information about plant community types 2-5 listed above,may be obtained from the Wisconsin Department of Natural Resources website at:http://dnr.wi.gov/topic/EndangeredResources/Communities.asp?mode=group&Type=Wetland. Additional information on identifying bog and fen communities can be found at:http://www.mvp.usace.army.mil/Missions/Regulatory.aspx. PROJECTS IN MINNESOTA: (1)wild rice waters listed in Appendix A of these conditions (2)bog wetland plant communities;and and identified in Minn.R.7050.0470,subpart 1; (3)fens. Additional information on identifying bog and fen communities can be found at:http://www.mvp.usace.army.mil/Missions/Regulatory.aspx and at the MN DNR's Native Plant Community Classification's website:http://www.dnr.state.mn.us/npc/classification.html. J. PCNs for Bridges,Structures,and Vessels more than 50 years old:A project proponent must notify the District by submitting a PCN if work or fill requiring District authorization would affect a bridge,structure or permanently moored or sunken vessels more than 50 years old. K. PCNs for Suspected Sediment or Soil Contamination:A project proponent must notify the District by submitting a PCN if any regulated activity would occur in areas of known or suspected sediment or soil contamination,including but not limited to Superfund sites.Superfund sites in Minnesota or Wisconsin can be located by searching the EPA's website:https://www.epa.gov/superfund/search-superfund-sites- where-you-live.This condition does not apply to NWP 20. Response Operations for Oil or Hazardous Substances. L. PCNs for the Apostle Islands National Lakeshore and Madeline Island:A project proponent must notify the District by submitting a PCN if the regulated activity would result in the work,fill or placement of a structure within the boundaries of the Apostle Islands National Lakeshore or Madeline Island in Wisconsin.Prior to beginning regulated activities in these waters,a District NWP verification letter must be received. M. PCNs for Temporary Impacts:A project proponent must notify the District by submitting a PCN if temporary impacts would remain in place for longer than 90 days between May 15 and November 15.The PCN must specify how long the temporary impact will remain and include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions.See also Regional Condition Q. Mitigation Requirements N. Compensatory Mitigation:Proposed projects that require a PCN must include a statement describing how permanent and temporary impacts to waters of the U.S.would be avoided and minimized.The PCN must also include either:(a)a statement describing how impacts to waters of the U.S.would be compensated in accordance with the Federal Mitigation Rule(33 CFR Part 332)and the current St Paul District Policies for Compensatory Mitigation or(b)a statement explaining why compensatory mitigation should not be required for the proposed impacts. Page 1 of 7