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San Francisco District Regional ConditionsA. General Regional Conditions that apply to all NWPs in the Sacramento, San Francisco,and Los Angeles Districts:1.When pre-construction notification (PCN) is required, the permittee shall notify the U.S.Army Corps of Engineers, San Francisco District (Corps) in accordance with GeneralCondition 32 using either the South Pacific Division Preconstruction Notification (PCN)Checklist or a signed application form (ENG Form 4345) with an attachment providinginformation on compliance with all of the General and Regional Conditions. In addition, thePCN shall include:a. A written statement describing how the activity has been designed to avoid andminimize adverse effects, both temporary and permanent, to waters of the UnitedStates;b. Drawings, including plan and cross-section views, clearly depicting the location,size and dimensions of the proposed activity, as well as the location of delineatedwaters of the U.S. on the site. The drawings shall contain a title block, legend andscale, amount (in cubic yards) and area (in acres) of fill in Corps jurisdiction,including both permanent and temporary fills/structures. The ordinary high watermark or, if tidal waters, the mean high water mark and high tide line, should beshown (in feet), based on National Geodetic Vertical Datum (NGVD) or otherappropriate referenced elevation. All drawings for activities located within theboundaries of the San Francisco District shall comply with the February 5, 2016Special Public Notice: Updated Map and Drawing Standards for the South PacificDivision Regulatory Program, (available on the South Pacific Division Regulatorywebsite 651327/updated-map-and-drawing-standards.aspx); andc.Numbered and dated pre-project color photographs showing a representativesample of waters proposed to be impacted on the site, and all waters of the U.S.proposed to be avoided on and immediately adjacent to the activities site. Thecompass angle and position of each photograph shall be identified on the plan-viewdrawing(s) required in subpart b of this Regional Condition.2.The permittee shall submit a PCN, in accordance with General Condition 32, for allactivities located in areas designated as Essential Fish Habitat (EFH) by the Pacific FisheryManagement Council and that would result in an adverse effect to EFH, in which case thePCN shall include an EFH assessment and extent of proposed impacts to EFH. Examplesof EFH habitat assessments can be found ultations.html.3.For Water Quality Certificate issuance considerations, the permittee shall submit a PCN, inaccordance with General Condition 32, for all activities located on Tribal Lands.4.For activities in which the Corps designates another Federal agency as the lead forcompliance with Section 7 of the Endangered Species Act (ESA) of 1973 as amended,pursuant to 50 CFR § 402.7, Section 305(b)(4)(B) of the Magnuson-Stevens FisheryConservation and Management Act (EFH), pursuant to 50 CFR § 600.920(b) and/orSection 106 of the National Historic Preservation Act (NHPA) of 1966, as amended ,pursuant to 35 CFR § 800.2(a)(2), the prospective permittee shall provide all relevantdocumentation to the Corps demonstrating any previous consultation efforts, as it pertainsto the Corps Regulatory permit area (for ESA and EFH compliance) and the CorpsRegulatory area of potential effect (APE) (for Section 106 compliance). For activities1
requiring a PCN, this information shall be submitted with the PCN. If the Corps does notdesignate another Federal agency as the lead for ESA, EFH and/or NHPA, the Corps willinitiate consultation for compliance, as appropriate.5.For all activities in waters of the U.S. that are suitable habitat for Federally-listed fishspecies, including designated critical habitat for such species, the permittee shall design allnew linear transportation crossings (e.g. roads, highways, railways, trails, bridges, culverts)to ensure that the passage of all life stages and/or spawning of fish is not hindered. Inthese areas, the permittee shall employ bridge designs that span the stream or river,including pier- or pile-supported spans, or designs that use a bottomless arch culvert with anatural stream bed unless determined to be impracticable by the Corps.6.The permittee shall complete the construction of any compensatory mitigation required byspecial condition(s) of the NWP verification before or concurrent with commencement ofconstruction of the authorized activity, except when specifically determined to beimpracticable by the Corps. When mitigation involves use of a mitigation bank or in-lieu feeprogram, the permittee shall submit proof of payment to the Corps prior to commencementof construction of the authorized activity.7.Any requests to waive the applicable linear foot limitations for NWPs 13, 21, 29, 39, 40, 42,43, 44, 50, 51, 52 and 54, must include the following:a. A narrative description of the stream. This should include known information on:volume and duration of flow; the approximate length, width, and depth of thewaterbody and characteristics observed associated with an Ordinary High WaterMark (e.g. bed and bank, wrack line or scour marks); a description of the adjacentvegetation community and a statement regarding the wetland status of the adjacentareas (i.e. wetland, non-wetland); surrounding land use; water quality; issuesrelated to cumulative impacts in the watershed, and; any other relevant information;b. An analysis of the proposed impacts to the waterbody, in accordance with GeneralCondition 32;c.Measures taken to avoid and minimize losses to waters of the U.S., including othermethods of constructing the proposed activity(s); andd. A compensatory mitigation plan describing how the unavoidable losses areproposed to be offset, in accordance with 33 CFR § 332.B. General Regional Conditions that apply to all NWPs in the San Francisco District:1.Notification to the Corps (in accordance with General Condition No. 32) is required for anyactivity permitted by NWP if it will take place in waters or wetlands of the U.S. that arewithin the San Francisco Bay diked baylands (see figure 1) (Undeveloped areascurrently behind levees that are within the historic margin of the Bay. Diked historicbaylands are those areas on the Nichols and Wright map below the 5-foot contour line,National Geodetic Vertical Datum (NGVD) (see Nichols, D.R., and N. A. Wright. 1971.Preliminary map of historic margins of marshland, San Francisco Bay, California. U.S.Geological Survey Open File Map)). The notification shall explain how avoidance andminimization of losses of waters or wetlands are taken into consideration to the maximumextent practicable (see General Condition 23).2.Notification to the Corps (in accordance with General Condition No. 32) is required for anyactivity permitted by NWP if it will take place in waters or wetlands of the U.S. that arewithin the Santa Rosa Plain (see figure 2). The notification will explain how avoidance and2
minimization of losses of waters or wetlands are taken into consideration to the maximumextent practicable in accordance with General Condition No. 23.3.Notification to the Corps (in accordance with General Condition No. 32), including acompensatory mitigation plan, habitat assessment, and extent of proposed-project impactsto Eelgrass Beds are required for any activity permitted by NWP if it will take place within oradjacent to Eelgrass Beds.C. Regional Conditions that apply to specific NWPs in the San Francisco District:3. MAINTENANCE:1.To the extent practicable, excavation equipment shall work from an upland site (e.g., fromthe top of the bank, the road bed of the bridge, or culverted road crossing) to minimizeadding fill into waters of the U.S. If it is not practicable to work from an upland site, or ifworking from the upland site would cause more environmental damage than working in thestream channel, the excavation equipment can be located within the stream channel but itmust minimize disturbance to the channel (other than the removal of accumulatedsediments or debris). As part of the notification to the Corps (in accordance with GeneralCondition No. 32), an explanation as to the need to place excavation equipment in watersof the U.S. is required, as well as a statement of any additional necessary fill (e.g.,cofferdams, access road, fill below the OHW mark for a staging area, etc.).2.If the activity is proposed in a special aquatic site, the notification to the Corps (inaccordance with General Condition No. 32) shall include an explanation of why the specialaquatic site cannot be avoided, and the measures to be taken to minimize impacts to thespecial aquatic site.11. TEMPORARY RECREATIONAL STRUCTURES:1.Notification to the Corps (in accordance with General Condition No. 32) is required if anytemporary structures are proposed in wetlands or vegetated shallow water areas (e.g. ineelgrass beds). The notification shall include the type of habitat and areal extent affectedby the structures.12. UTILITY LINE ACTIVITIES:1.Excess material removed from a trench, associated with utility line construction, shall bedisposed of at an upland site away from any wetlands or other waters of the U.S. so as toprevent this material from being washed into aquatic areas.2.This NWP permit does not authorize the construction of substation facilities. Utility linesubstations can usually be constructed in uplands.13. BANK STABILIZATION:1.Notification to the Corps (in accordance with General Condition No. 32) is required for allactivities stabilizing greater than 300 linear feet of channel. Where the removal of wetlandvegetation (including riparian wetland trees, shrubs and other plants) or submerged, rooted,aquatic plants over a cumulative area greater than 1/10 acre or 300 linear feet is proposed,the Corps shall be notified (in accordance with General Condition No. 32). The notificationshall include the type of vegetation and extent (e.g., areal dimension or number of trees) ofthe proposed removal. The notification shall also address the effect of the bankstabilization on the stability of the opposite side of the streambank (if it is not part of thestabilization activity), and on adjacent property upstream and downstream of the activity.2.This permit allows excavating a toe trench in waters of the U.S., and, if necessary, to usethe material for backfill behind the stabilizing structure. Excess material is to be disposedof in a manner that will have only minimal impacts to the aquatic environment. The3
notification to the Corps (in accordance with General Condition No. 32) shall includelocation of the disposal site.3.For man-made banks, roads, or levees damaged by storms or high flows, the one cubicyard per running foot limit is counted only for that additional fill which encroaches (extends)beyond the pre-flood or pre-storm shoreline condition of the waterway. It is not counted forthe fill that would be placed to reconstruct the original dimensions of the eroded, man-madeshoreline.4.For natural berms and banks, the one cubic yard per running foot limit applies to any addedarmoring.5.To the maximum extent practicable, any new or additional bank stabilization mustincorporate structures or modifications beneficial to fish and wildlife (e.g., soilbioengineering or biotechnical design, root wads, large woody debris, etc.). Where thesestructures or modifications are not used, the applicant shall demonstrate why they were notconsidered practicable.14. LINEAR TRANSPORATION PROJECTS:1.Notification to the Corps (in accordance with General Condition No. 32) is required for allprojects filling greater than 300 linear feet of channel. For projects involving greater than300 linear feet of bank stabilization, the project proponent shall address the effect of thebank stabilization on the stability of the opposite side of the streambank (if it is not part ofthe stabilization activity), and on adjacent property upstream and downstream of theactivity.2.This permit does not authorize construction of new airport runways and taxiways.3.If this NWP has been used to authorize previous project segments within the same lineartransportation project, justification must be provided demonstrating that the cumulativeimpacts of the proposed and previously authorized project segments do not result in morethan minimal impacts to the aquatic system.4.To the maximum extent practicable, any new or additional bank stabilization required forthe crossing must incorporate structures or modifications beneficial to fish and wildlife (e.g.,soil bioengineering or biotechnical design, root wads, large woody debris, etc.). Wherethese structures or modifications are not used, the applicant shall demonstrate why theywere not considered practicable. Bottomless and embedded culverts are encouraged overtraditional culvert stream crossings.23. APPROVED CATEGORICAL EXCLUSIONS:1.Use of this NWP requires notification to the Corps (in accordance with General ConditionNo. 32). The notification shall include the following:a. A copy of the Federal Categorical Exclusion (Cat/Ex) document signed by theappropriate federal agency. If the Cat/Ex is signed by a state or local agencyrepresentative instead of by a federal agency representative, then copies of alldocumentation authorizing alternative agency signature shall be provided.b. Written description of Corps authority (e.g., Section 10 of the Rivers and Harbors Actand/or Section 404 of the Clean Water Act.);c. a list of conditions described in the Cat/Ex and/or attachments outlining measures thatmust be taken prior to, during, or after project construction to minimize impacts to theaquatic environment;4
d. a copy of the jurisdictional delineation performed by qualified specialists showing theproject limits and the location (delineated boundaries) of Corps jurisdiction within theoverall project limits;e. map(s) showing the locations of potentially permanent and temporary project impacts toareas within Corps jurisdiction;f. a clear and concise description of all project impacts including, but not necessarilylimited to:1. quantification and description of permanent project impacts to areas within Corpsjurisdiction,2. quantification and description of temporary impacts to areas within Corps jurisdiction,and3. linear extent of Corps jurisdiction affected by the project;g. a general description of activities covered by the Cat/Ex that do not require Corpsauthorization but are connected or related to the activities in Corps jurisdiction;h. a complete description of any proposed mitigation and/or restoration including, but notnecessarily limited to, locations of any proposed planting, short- and long-termmaintenance, proposed monitoring, success criteria and contingency plans;i. written justification of how the project complies with the Nationwide Permit Programincluding less than minimal impact to the aquatic environment and compliance with theGeneral Conditions.j. For Federal Highway Administration (FHWA) Cat/Ex projects, the notification shoulddescribe how activities described in the Cat/Ex meet the description of the Cat/Exactivities published in 23 CFR § 771.117.2.Only activities specifically described in the Cat/Ex project description will be covered by theNWP 23 authorization. If other activities not described in the Cat/Ex project description willbe performed (e.g., dewatering, slope protection, etc.), these activities must receiveseparate NWP authorizations.3.Notification to the Corps (in accordance with General Condition 32) must include a copy ofthe signed Cat/Ex document and final agency determinations regarding compliance withSection 7 of the Endangered Species Act (ESA), Essential Fish Habitat (EFH) under theMagnuson-Stevens Act, and Section 106 of the National Historic Preservation Act.27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities1.Notification to the Corps (in accordance with General Condition 32) must includedocumentation of a review of project impacts to demonstrate that at the conclusion of thework that the project would result in a net increase in aquatic function. Additionally, thedocumentation must include a review of project impacts on adjacent properties orstructures and must also discuss cumulative impacts associated with the project.29. Residential Developments:1.When discharge of fill results in the replacement of wetlands or waters of the U.S. withimpervious surfaces, to ensure that the authorized activity does not result in more thanminimal degradation of water quality (in accordance with General Condition 25), theresidential development shall incorporate low impact development concepts (e.g. nativelandscaping, bioretention and infiltration techniques, and constructed green spaces) to theextent practicable. A description of the low impact development concepts proposed in theproject shall be included with the permit application. More information including low impact5
development concepts and definitions is available at the following website:http://www.epa.gov/owow/NPS/lid/.2.Use of this NWP is prohibited within the San Francisco Bay diked baylands (Undevelopedareas currently behind levees that are within the historic margin of the Bay. Diked historicbaylands are those areas on the Nichols and Wright map (see figure 1) below the 5-footcontour line, National Geodetic Vertical Datum (NGVD) (see Nichols, D.R., and N. A.Wright. 1971. Preliminary map of historic margins of marshland, San Francisco Bay,California. U.S. Geological Survey Open File Map)).33. TEMPORARY CONSTRUCTION, ACCESS, AND DEWATERING:1.Access roads shall be designed to be the minimum width necessary and shall be designedto minimize changes to the hydraulic flow characteristics of the stream and degradation ofwater quality (in accordance with General Conditions 9 and 25). The following BestManagement Practices (BMPs) shall be followed to the maximum extent practicable toensure that flow and circulation patterns of waters are not impaired and adverse effects onthe aquatic environment will be kept to a minimum:a. The road shall be properly stabilized and maintained during and following construction toprevent erosion.b. Construction of the road fill shall occur in a manner that minimizes the encroachment oftrucks, tractors, bulldozers, or other heavy equipment within waters of the United States(including adjacent wetlands) that lie outside the lateral boundaries of the fill itself.2.Vegetative disturbance in the waters of the U.S. shall be kept to a minimum.3.Borrow material shall be taken from upland sources whenever feasible.4.Stream channelization is not authorized by this NWP.35. MAINTENANCE DREDGING OF EXISTING BASINS:1.Use of this NWP will require notification to the Corps (in accordance with General ConditionNo. 32). The notification information should be provided on the Consolidated DredgingDredged Material Reuse/Disposal Application. This application and instructions for itscompletion can be found on our web site -Work-Permits/Application/. Theinformation must include the location of the proposed upland disposal site. A jurisdictionaldelineation of the proposed upland disposal site prepared in accordance with the currentmethod required by the Corps may also be required.2.The U.S. Coast Guard will be notified by the permittee at least 14 days before dredgingcommences if the activity occurs in navigable waters of the U.S. (Section 10 waters).3.The permittee will be required to provide the following information to the Corps:a. Dredge Operation Plan: Submit, for approval by this office, no earlier than 60 calendardays and no later than 20 calendar days before the proposed commencement ofdredging, a plan which includes the following: Corps file number, a copy of thedredging contract or description of the work under which the contractor will do thepermitted work; name and telephone numbers of the dredging contractor'srepresentative on site; proposed dredging start and completion dates; quantity ofmaterial to be removed; dredging design depth and typical cross section includingoverdepth; and date of last dredging episode and design depth. The Dredge OperationalPlan shall also provide the following information: The controls being established toinsure that dredging operations occur within the limits defined by the basin or channeldimensions and typical channel section.6
b. Pre-Dredge Survey: Submit no earlier than 60 calendar days and no later than 20calendar days before commencement of dredging, a survey with accuracy to one-tenthfoot that delineates and labels the following: areas to be dredged with overdepthallowances; existing depths; estimated quantities to be dredged to the design depth; andestimated quantities for overdepth dredging. All surveys shall be signed by thepermittee to certify their accuracy. Please include the Corps file number.c. Solid Debris Management Plan: Submit no earlier than 60 calendar days and no laterthan 20 calendar days before commencement of work, a plan which describesmeasures to ensure that solid debris generated during any dredging operation isretained and properly disposed in areas not under Corps jurisdiction. At a minimum,the plan shall include the following: source and expected type of debris; debrisretrieval method; Corps file number; disposal method and site; schedule ofdisposal operations; and debris containment method to be used, if floatabledebris is involved. (Please note that failure to provide all of the informationrequested in a, b, and c above may result in delays to your project. When yourDredge Operation Plan has been approved, you will receive a written authorizationto commence with your project.)d. Post-Dredge Survey: Submit, within 30 days of the last disposal activity (“last” isdefined as that activity after which no further activity occurs for 15 calendar days), asurvey with accuracy to one-tenth foot that delineates and labels the areas dredged andprovides the dredged depths. Also, include the Corps file number, actual dates ofdredging commencement and completion, actual quantities dredged for theproject to the design depth, and actual quantities of overdepth. The permittee shallsubstantiate the total quantity dredged by including calculations used to determine thevolume difference (in cubic yards) between the Pre- and Post-Dredge Surveys andexplain any variation in quantities greater than 15% beyond estimated quantitiesor dredging deeper than is permitted (design plus overdepth allowance). Allsurveys shall be accomplished by a licensed surveyor and signed by thepermittee to certify their accuracy. A copy of the post dredge survey should be sent tothe National Ocean Service for chart updating:NOAA/National Ocean Service,Nautical Data BranchN/CS26, SSMC3, Room 72301315 East-West HighwaySilver Spring, Maryland 20910-3282.e. The permittee or dredge contractor shall inform this office when: 1) a dredgeepisode actually commences, 2) when dredging is suspended (suspension iswhen the dredge contractor leaves the dredge site for more than 48 hours forreasons other than equipment maintenance), 3) when dredging is restarted, and 4)when dredging is complete. Each notification should include the Corps filenumber. Details for submitting these notifications will be provided in the verificationletter (to whom and how).39. Commercial and Institutional Developments:1.When discharge of fill results in the replacement of wetlands or waters of the U.S. withimpervious surfaces, to ensure that the authorized activity does not result in more thanminimal degradation of water quality (in accordance with General Condition 25), thecommercial and institutional development shall incorporate low impact developmentconcepts (e.g. native landscaping, bioretention and infiltration techniques, and constructedgreen spaces) to the extent practicable. A description of the low impact developmentconcepts proposed in the project shall be included with the permit application. More7
information including low impact development concepts and definitions is available at thefollowing website: http://www.epa.gov/owow/NPS/lid/.2.Use of this NWP is prohibited within the San Francisco Bay diked baylands (Undevelopedareas currently behind levees that are within the historic margin of the Bay. Diked historicbaylands are those areas on the Nichols and Wright map (see figure 1) below the 5-footcontour line, National Geodetic Vertical Datum (NGVD) (see Nichols, D.R., and N. A.Wright. 1971. Preliminary map of historic margins of marshland, San Francisco Bay,California. U.S. Geological Survey Open File Map)).40. AGRICULTURAL ACTIVITIES:1.This NWP does not authorize discharge of fill into the channel of a perennial or intermittentwatercourse that could impede high flows. This limitation does not apply to watercoursesthat flow only when there is an irregular, extraordinary flood event.41. RESHAPING EXISTING DRAINAGE DITCHES:1.Compensatory mitigation may be required if the Corps determines there will be adetrimental impact to aquatic habitat.2.Notification to the Corps (in accordance with General Condition 32) is required if theapplicant proposes to re-grade, discharge, install channel lining, or redeposit fill material.3.The notification to the Corps (in accordance with General Condition 32) shall include anexplanation of the project’s benefit to water quality and a statement demonstrating the needfor the project.42. RECREATIONAL FACILITIES:1.If buildings are proposed to be built in waters of the United States, including wetlands, theapplicant must demonstrate that there is no on-site practicable alternative that is lessenvironmentally damaging as defined by the Section 404(b)(1) guidelines.8
Figure 1: Map of Diked BaylandsLegendApproximateLandward Extent of Diked Baylands
STLMI LMendocinoANDECHALK HI LLRDWYDHDYROORDSolanoRCREEKMarinWINDSOR RDRDUFALNRDEGATODRETRLDSHILOH RDSan FranciscoGHOSAINT HOCADWDSLUSSER RDKWYRRDMFIELDUS HWY 101 NDDWAVEREW SIERRAOOROBLAR RD1OLDDRHW YFI E LBLOOC ANSTATEBLVDRDKENNEDY RDE RCECOM MSTONY POINT RDDHEGRANGE RDORDUG16Y1RDHWVETT VALLEYROHEARN AVANNIBAR N ERT12LLEATSTJOWATEYPETALUMA HILL RDHWUS HWY 101 SEATSTBENNETT VALLEY RD2ESNYDER LNRDDRRDLTAER YLDENGOMFI EOIDCCHW Y 1TMO NERSTATEMMW COLLEG E AVEMENDOCINO AVEW STEELE LNSUOLIVET RDEPPINER RDGREEN VALLEY RDRDOVHOPPER AVEGUERNEVILLE RDG RATO NSanta ClaraGRFULTON RDRDRLETDINTAWOHSWESRUNRKMAIN GFOMIRABEL RDYHWDRSPAlamedaRDE LENASan MateoORContra CostaNDRDRTECOEASTSI DEPONapaLI STS ISonomaAIRPORT BLVDRYoloLEDWALZVEDRSWEARATA LNRIVESutterLakeFROLFigure 2: Santa Rosa Plain MapDRDRDDLLHIRDSanta Rosa Plain BoundaryDEGALNSKILLM ANMADNCDOWELAVEMIDDLE TWO ROCK RDLA KLBOBLVDERDELYBLVDRDTOM ALES RDBONGTO MRDA LE SORIDILLON BEACH RDLFALRDNDNRSPLegendN RDELYSPEPPER RDFALLO ER REV ILLE STATEMIDDLE RDSTATE HW Y1KWALFRDAMORCHYFMEALEYHWVAL
San Francisco District Regional Conditions. A. General Regional Conditions that apply to all NWPs in the Sacramento, San Francisco, and Los Angeles Districts: 1. When pre-construction notification (PCN) is required, the permittee shall notify the U.S. Army Corps of Engineers, San Franc
