7013 - Lake Lewisville Water Treatment Plant Phase II Improvements, 3.Specifications- Combined Appendix
LAKE LEWISVILLE WATER TREATMENT PLANT
DENTON, TEXAS
GEOTECHNICAL REPORT
SWITCHGEAR AND ADMINISTRATION
BUILDINGS
Prepared for:
City of Denton
July 30, 2018
Prepared by:
FREESE AND NICHOLS, INC.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
817-735-7300
GEOTEHCNICAL REPORT
SWITCHGEAR AND ADMINISTRATION
BUILDINGS
Prepared for:
City of Denton
FREESE AND NICHOLS, INC.
TEXAS REGISTERED ENGINEERING
FIRM F- 2144
Reviewed by Micah L. Hargrave, P.E.
Prepared by:
FREESE AND NICHOLS, INC.
4055 International Plaza, Suite 200
Fort Worth, Texas 76109
817-735-7300
DTN18104
Switchgear and Administration Buildings
City of Denton
i
TABLE OF CONTENTS
1.0 INTRODUCTION ......................................................................................................................................... 1
1.1 PROJECT DESCRIPTION ...................................................................................................................... 1
1.2 PURPOSE AND SCOPE ......................................................................................................................... 1
2.0 FIELD EXPLORATION AND LABORATORY TESTING .................................................................. 1
3.0 SUBSURFACE CONDITIONS .................................................................................................................. 2
3.1 GEOLOGY .................................................................................................................................................. 2
3.2 SUBSURFACE CONDITIONS............................................................................................................... 2
3.2.1 Switchgear Building .................................................................................................................... 2
3.2.2 Administration Building ............................................................................................................ 3
4.0 DESIGN RECOMMENDATIONS ............................................................................................................. 4
4.1 GENERAL .................................................................................................................................................. 4
4.2 SWITCHGEAR BUILDING ................................................................................................................... 4
4.2.1 Foundation Support .................................................................................................................... 4
4.2.2 Lateral Earth Pressures ............................................................................................................. 5
4.2.3 Onsite sands used as wall backfill ......................................................................................... 5
4.2.4 Additional Lateral Pressures ................................................................................................... 5
4.2.5 Backfill Placement and Compaction ..................................................................................... 6
4.2.6 Passive Earth Pressure/Friction Factor for Wall Footings .......................................... 6
4.2.7 Excavation into the slope .......................................................................................................... 6
4.3 NEW ADMINISTRATION BUILDING............................................................................................... 7
4.3.1 Drilled Shaft Foundation System ........................................................................................... 7
4.3.2 Floor System .................................................................................................................................. 8
4.3.3 Retaining Wall ............................................................................................................................... 8
5.0 PAVEMENT SUBGRADE .......................................................................................................................... 8
6.0 REPORT LIMITATIONS ........................................................................................................................... 9
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APPENDICES
APPENDIX A
Vicinity Map – Figure 1
Boring Location Map – Figure 2
Boring Logs B-1801 - 1804
Key to Symbols
Appendix B
Laboratory Results
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1.0 INTRODUCTION
1.1 PROJECT DESCRIPTION
The City of Denton is planning plant improvements to the Lake Lewisville Water Treatment Plant.
The improvements include two new structures as follows:
• Switchgear Building – This building will be located west of the existing Administration
Building and south of the footprint of Clearwell No. 1, a 2MG tank recently removed
from the site. The approximate location is shown upon Figure 2 in the Appendix.
• Administration Building – A new structure will be built for the administrative services
of the plant. The new building will be single a story structure that will be located east
of the plant Ozone Facility. The proposed location will be on an undeveloped parcel
that slopes down toward a surface water drainage gulley. The approximate location
is shown upon Figure 2 in the Appendix.
Detailed information on the two building locations and site conditions are provided within this
2018 Geotechnical Investigation.
1.2 PURPOSE AND SCOPE
The purpose of this Geotechnical Investigation has been to provide foundation design
recommendations for the two planned structures.
To accomplish its intended purpose, the study has been conducted in the following phases: (1)
drilling sample borings to determine the general subsurface conditions and to obtain samples for
testing; (2) performing laboratory tests on appropriate samples to determine pertinent
engineering properties of the subsurface materials; and (3) performing engineering analyses,
using the field and laboratory data to develop foundation design recommendations for the
proposed Switchgear Building and the new Administration Building.
2.0 FIELD EXPLORATION AND LABORATORY TESTING
Subsurface materials at the project site were explored by 4 borings drilled to depths of 25 to 50
feet in the two proposed building areas. The borings were drilled on February 19, 2018 at the
approximate locations shown on Figure 1 in the Appendix. The boring locations were located in
the field in areas that have been generally selected for the two new buildings. The boring logs
are also included the Appendix on Plates 3 through 8, and a key to terms and descriptions on the
logs is provided on Plate 9.
Ground surface elevations at the borings have been interpolated from ground surface contours
provided by Spooner Associates, the site surveyor. Spooner located the boring horizontally and
provided this data to FNI who then determined the ground surface elevations. Therefore, all
references in this report to subsurface strata elevations have been determined from the ground
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surface elevations obtained as described. The locations and elevations of the borings should be
considered accurate only to the degree implied by the methods used in their determination.
Selected laboratory soil tests were performed on representative samples recovered from the
borings. Most of the soils encountered in the borings were sandy and disturbed split spoon
samples were recovered. Therefore, soil classification tests (liquid limits, plastic limits, and
percent passing #200 sieve), and moisture content tests were performed. Strength
determination of the strata encountered by the borings was determined in-situ using the
Standard Penetration Test. Results of the laboratory tests are provided on each boring log, and a
summary is included in Appendix B.
3.0 SUBSURFACE CONDITIONS
3.1 GEOLOGY
The Lake Lewisville Water Treatment Plant site is underlain by the Woodbine geological
formation. Sands, clays, sandstones and shales generally compose this formation. Iron oxides,
lignite, gypsum, and pyrite are also found throughout the formation. Dense and irregular shaped
masses or hard sandstone occur at random throughout the formation and are commonly referred
to as "boulders." Structurally, the Woodbine is quite complex in that it contains numerous small
faults, lenticular masses, and consequent divergent dips. It is often difficult, if not impossible, to
trace a particular bed for any distance.
Water is found at various levels in the formation, some as perched tables in sand lenses. The
outcrop of the Woodbine formation is generally marked by sandy surface soils which support a
dense growth of oak trees.
3.2 SUBSURFACE CONDITIONS
The four borings drilled for this investigation were drilled in two separate locations within the
plant. However, the borings encountered mostly sandy soils at both locations.
3.2.1 Switchgear Building
Borings B-1801 and 1802 were drilled within the proposed location of the Switchgear Building.
Boring 1801 was drilled behind the top of slope, about ground elevation 639 feet, while Boring
1802 was drilled near the toe of slope, approximate ground elevation 623 feet. The slope was cut
during the initial plant construction which occurred about 1955 or shortly thereafter (plan sheet
by Freese and Nichols design dated 1955). Therefore, the two borings are about 16 feet
difference in ground surface elevation.
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The predominate soil type is sand and exists in a medium dense to dense condition within the
borings. The sand is fine to medium grained.
The exception to the sand in Boring 1801 was a 1-foot clay layer that was encountered 18 to 19
feet below the ground surface (approximately elevation 621 feet). This clay layer classifies as CL
sandy clay according to the Unified Soil Classification System. Also, a 4-foot clay layer was
encountered below elevation 605.5 feet.
Seepage was encountered in Boring 1801 at 28 feet, which is elevation 610 feet. In Boring 1802,
seepage was encountered at the 13-foot depth, elevation 610 feet.
3.2.2 Administration Building
The new Administration Building will be constructed on property to the east of the existing plant
and south of the previous alignment of Shady Oaks Drive. The site is located to the east of the
chain link fence that serves as the eastern plant boundary. The proposed building site decreases
in elevation toward the east, sloping downward to a naturally occurring drainage way.
Boring B-1803 was drilled near the western side of the proposed building where the ground
surface is about elevation 635.5 feet, while Boring 1804 was drilled downslope at elevation 629.5
feet. Both borings encountered sandy soils. Boring 1803 encountered medium dense sand to silty
sand overlying loose clayey sand transitioning into medium to very dense clayey sand below 12
feet, elevation 623.5 feet. This places a loose sand layer between the 5½-foot to 12-foot depths,
or approximately elevation 630 feet to 623.5 feet.
Boring 1804 encountered loose sand within the upper 6 feet, transitioning into medium dense
sand between 6 and 19 feet, which is elevation 623.5 to 610.5 feet. Below 19 feet, down to 25
feet, elevation 604.5 feet, the sand becomes very dense. The sand in Boring 1804 probably
includes silt, with the laboratory testing noting non-plastic sand.
Comparing these two borings, the density of the strata appears to be similar below elevation 630
feet (Elevation 630 is ground surface at B-1804). From elevation 630 feet to 624 or 625 feet, the
sand is loose, and from elevation 624/625 feet down to elevation 610.5 feet, the sand is medium
dense. Below elevation 610.5 feet in B-1804 (B-1803 terminated at elevation 610.5 feet, the 25-
foot depth), the sand becomes very dense. Since the proposed site is next to the plant, it appears
that site grading, perhaps during plant improvements may have occurred on the proposed
Administration Building site. It appears that fill may have been placed next to the plant raising
grade to near elevation 636 feet (Boring 1803), having been placed upon the loose sand that
correlates elevation wise to the loose sand in Boring 1804. By using the historic images on Google
Earth, the 2013 images do show construction, the currently investigated area for the
Administration Building having some activity and a silt fence around the area. This observation
will be further discussed in this report in the Design Recommendation section.
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Borings 1803 and 1804 were drilled with hollow stem augers and water was not introduced into
the drilling process. Both borings were dry at completion of the drilling and sampling. Boring 1803
was drilled first and remained open while Boring 1804 was drilled. One hour after drilling, B-1803
had accumulated water up to the 19-foot depth. Both borings were backfilled prior to leaving the
site. Had the borings been left open for longer periods of time, groundwater may have continued
to rise.
4.0 DESIGN RECOMMENDATIONS
4.1 GENERAL
The two buildings are in different locations within the plant. Therefore, the design
recommendations will discuss each building separately.
4.2 SWITCHGEAR BUILDING
4.2.1 Foundation Support
The Switchgear Building will be placed into the cut slope west of the existing Administration
Building. A retaining wall separate from the building will retain the cut slope. The front of the
building being near the existing toe of slope. The floor slab for the new building will be near
elevation 624.5 feet. Since the subsurface soils are sand, it will be feasible to support the
Switchgear building upon a footing foundation at or below elevation 623 to 624 feet.
The building will require cutting into the existing slope. For construction purposes, it will be
necessary to slope the cut area to provide a safe working space, or to include temporary shoring
to support the cut.
The foundation area should be cut to expose the foundation subgrade. The soils in Boring 1801
indicate that the foundation area will be very dense sand. Boring 1802 indicates that upper few
feet of the foundation subgrade may consist of loose sand or soft sandy clay. If loose soil is
exposed, it will be necessary to remove and replace, or recompact the loose shallow soil to
provide a uniform foundation subgrade upon which footings and floor slab may be supported.
Areas that require replacing or recompacting should use low plasticity soils having a plastic index
between 7 and 15, with no more than 70% passing the No. 200-mesh sieve and compacted to 95
percent or greater of Modified Proctor (ASTM D1557) at a moisture content within 2 percent of
optimum moisture.
Footings for support of the Switchgear Building may be sized using the following relationship
Qall = 1,250 Df + 3.5B
Where
Qall is net allowable footing pressure, psf, providing a factor of safety of 3
Df is depth of footing below (bottom of footing) lowest adjacent grade, feet
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B is width of footing, feet
Maximum allowable footing contact pressure is 4,000 psf; minimum Df is 2 feet.
This relationship is adequate for square, round or continuous footings.
If the bottom slab is designed as a raft, the net allowable bearing pressure should be limited to
3,500 psf, FS=3.
The Denton site is Seismic Site Classification C based upon Chapter 20 of ASCE 7.
4.2.2 Lateral Earth Pressures
The earth retaining walls must be designed for lateral pressures including, but not necessarily
limited to, earth, water, surcharge, swelling, and vibration. In addition, the lateral pressures will
be influenced by whether the backfill is drained or undrained.
The electrical building will be built within an area that has retaining walls supporting the cut
slope. The retaining walls separate from the Electrical Building walls may deflect slightly at the
top and can be designed for active earth pressure.
The following equivalent fluid pressures (triangular distribution) may be used for the horizontal
backfill, non-surcharged condition.
4.2.3 Onsite sands used as wall backfill
This material should be a clayey sand or silty sand mixture with less than 50% passing the No.
200 sieve, a liquid limit of 35 or less, a plasticity index of 10 or less, and free of organics. An
approximate angle of internal friction of 30 degrees and a wet unit weight of 125 pounds per
cubic foot have been assumed.
Lateral Earth Pressures for Wall Design
Earth Pressure At-rest Active Passive
Earth Pressure Coefficient 0.50 0.33 3.0
Drained Earth Pressure, psf/f 63 42 375
Undrained Earth Pressure, psf/f 94 83 250
4.2.4 Additional Lateral Pressures
The location and magnitude of permanent surcharge loads (if present) should be determined,
and the additional pressure generated by these loads such as the weight of construction
equipment and vehicular loads that are used at the time the structures are being built must also
be considered in the design. The surcharge loads should be placed at the top of the wall and
factored by the appropriate earth pressure coefficient. The equivalent fluid pressures, given here,
do not include a safety factor.
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The top of the retaining wall may not extend to the top of the slope, thereby producing a sloped
backfill on the wall. A triangular pressure distribution may still be used for a sloping backfill, but
the height used to calculate the pressure must be increased. The height of the wall, H, to be used
to determine the backfill pressure should be measured as the height of a vertical section passing
through the heel of the wall footing, extending from the bottom of the base to the surface of the
fill. The point of application of the resultant backfill pressure is at the lower third-point of H
applied parallel to the slope.
4.2.5 Backfill Placement and Compaction
The backfill material should be placed in maximum of eight (8)-inch lifts and compacted to a
density ranging between 94 and 98 percent of maximum Standard Proctor (ASTM D 698) dry
density at a moisture content ranging from two (2) percentage points below optimum to three
(3) percentage points above optimum (-2 to +3) for the backfill materials. Caution should be
exercised not to overcompact the backfill. Over compaction will result in excessive lateral earth
pressures. Hand-operated tampers or other lightweight compactors are preferred in the
three-foot area adjacent to the wall.
4.2.6 Passive Earth Pressure/Friction Factor for Wall Footings
Passive earth pressures at the toe of the wall footing (wing wall if used) should only be used if
the footing is placed in direct contact with undisturbed soil, i.e., footing is cast within an
excavation. If the footing is constructed by using forms at grade, i.e., not in an excavation, lean
concrete must be placed between the footing and the earth wall of the adjacent excavation. The
lean concrete must have a minimum 28-day compressive strength of 1,500 psi. Additionally, the
footing should be a minimum depth of three feet below the lowest adjacent grade. A friction
factor of 0.35 for mass concrete on very dense sand or well compacted fill used to replace or
recompact loose soil near the footing can be used in design.
In order to depend upon passive-earth pressure resistance to sliding, there must be a certainty
of no loss of material for the area where the designer is depending upon passive pressure. This
is of particular importance if the footing will be placed within a sloping area, which we do not
anticipate for the Switchgear Building.
4.2.7 Excavation into the slope
In general, excavation slopes of 1-horizontal to 1-vertical are adequate for temporary slopes
during construction. However, some soil conditions at the site will become unstable where a
1-horizontal to 1-vertical slope is used. These unstable soils include slopes with pockets or layers
of loose or uncemented sand or gravel, and soils with groundwater seepage occurring. Slopes in
these types of soils may become unstable during periods of wet weather or as loads are applied
to the top and/or along the slope.
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The stability of slopes is also affected by weather conditions, the excavation depth, adjacent
structures, construction equipment, and the length of time the excavation will remain open. In
all cases, the requirements of the Occupational Safety and Health Administration (OSHA) must
be followed. It is important for the contractor to monitor the slope stability by observation and
measurement, and to prevent excessive loads (especially heavy vibratory loads) from being
applied to the slope. The contractor should be responsible for maintaining the slopes in a safe
condition during construction and the use of slope stability monitoring equipment is
recommended. This report has not been prepared for trench safety and/or excavation slope
design.
4.3 NEW ADMINISTRATION BUILDING
The proposed location for the new Administration Building lies within an area that decreases in
ground surface elevation from the west to the east. At the time of the drilling of the core borings
for the new building, it was anticipated that the long dimension of the building would be east-
west, but since then the building layout has been rotated as shown upon Figure 2 in the Appendix.
Consequently, B-1803 is in the middle of the proposed building location, while B-1804 is located
slightly to the east. The proposed finished floor elevation is 634.5 feet. The building pad may
require up to 1 foot of fill. There is an eroded ditch from the existing plant fence draining toward
the low creek area to the east and this feature needs to be cleaned, side slopes flattened, and fill
placed in horizontal lifts and bonded to the existing soil prior to adding fill to form the earthen
building pad.
Since the site soils are sandy, a shallow foundation system consisting of grade beams or footings
would commonly be considered. However, as previously discussed in the Subsurface Conditions
section of this report, there are loose soils in B-1803 elevation 630 to 623.5 feet that will need to
support the additional weight of fill (if needed) and the weight of the building if a shallow
foundation is used. Due to the added load of the fill and building and due to the presence of the
loose sand, the building pad could undergo differential settlement. Therefore, we do not
recommend using shallow footing foundations to support the building.
Due to the sloping grades, the building pad can be placed by constructing a large fill area and
sloping the fill, away from the building, down to existing grades, resulting in the final grade of the
building pad extending beyond the building lines before sloping down to presently existing
grades. Or a retaining wall system can be used to retain the earthen fill. If retaining walls are not
used, then the fill should extend out from the building about 10 feet and slope down to existing
grades on as flat a slope as possible, preferably 4 horizontal to 1 vertical or flatter.
4.3.1 Drilled Shaft Foundation System
Since the Administration Building site does contain the layer of loose sand identified by the
exploratory core borings, a positive foundation for support of concentrated structural loads
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would be straight-sided drilled shafts placed into the underlying medium dense to very dense
sand, reddish brown to light gray.
Drilled shafts can be sized using a net allowable end bearing of 5,000 psf, and side shear of 1,000
psf for that portion of the shaft founded below elevation 620 feet. The design bearing values
provide a factor of safety of 3 or more.
The Denton site is Seismic Site Classification C based upon Chapter 20 of ASCE 7.
4.3.2 Floor System
The floor system can be slab-on-grade used in conjunction with drilled shafts supporting
concentrated structural loads, provided the building pad fill has been adequately compacted as
discussed. If imported soil is used within the building pad, the soil should be low plasticity soils
having a plastic index between 7 and 15, with no more than 70% passing the No. 200-mesh sieve
and compacted to 95 percent or greater of Standard Proctor density (ASTM D698) at a moisture
content within 2 percent of optimum moisture.
The site consists of sandy soil, so expansive soil movement is not of concern.
4.3.3 Retaining Wall
As previously mentioned, the building pad will require fill and a retaining wall or an extended fill
area beyond the building lines then sloping down to existing grades will be needed. The retained
soils will be similar to the sands encountered for the Switchgear Building so the lateral earth
pressures will be applicable to both buildings. The equivalent fluid pressures for wall design are
as follows:
Lateral Earth Pressures for Wall Design
Earth Pressure At-rest Active Passive
Earth Pressure Coefficient 0.50 0.33 3.0
Drained Earth Pressure, psf/f 63 42 375
Undrained Earth Pressure, psf/f 94 83 250
same as the Switchgear Building. Resistance to sliding, backfill requirements, etc. should follow
the guidelines presented in Section 4.2.2 of this report.
5.0 PAVEMENT SUBGRADE
Additional parking areas are planned near the new Administration Area. Core borings have not
been drilled within the pavement area.
Based upon the widely spread exploratory borings drilled for the Administration Building, the
subgrade will consist of the sandy soil. It will be necessary to observe the exposed subgrade once
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the site work begins to determine if the soil subgrade is sand or clay and the appropriate
treatment – cement or lime. The treated subgrade should be 8 inches of lime or cement soil
treatment.
Blending of the exposed subgrade soils can be beneficial to prevent silty sand forming the
pavement subgrade, which will be difficult to compact and grade. Also blending clay soil with
sandier soil will help to lower the plasticity and will increase the subgrade strength. However, the
blending of soils requires equipment to place and mix the necessary soil types to result in a
blended sandy clay or clayey sand that can be readily compacted and subsequently treated with
lime.
Subgrade soils with 25% or more passing the No. 200 sieve can be treated as follows:
• PI ˂ 15, use cement
• PI ≥ 15, use lime.
For lightly loaded pavements, light duty trucks and automobiles, a 6-inch thick treated and
compacted subgrade can be developed using an application rate of 31 pounds of hydrated lime
or cement per square yard. This yields about 6 percent chemical treatment based upon a soil unit
weight of 115 pcf. The treatment should follow Item 260 for lime and Item 275 for cement
(include microcracking in accordance with Item 275) of the TxDOT 2014 Standard Specifications.
If the exposed subgrade is blended soil, i.e., no silty sand or highly plastic clay will form the
pavement subgrade, or the subgrade is a clayey sand or sandy clay that can be compacted, then
instead of treating the subgrade, a layer of crushed limestone may be incorporated as base
material between the subgrade and pavement materials.
Once again, once site work has begun, pavement subgrade exposed at the rough grade
elevations, the site should be observed to select the subgrade treatment. From the borings
drilled, we anticipate sandy subgrade, which would be cement treatment, or the use of a crushed
limestone base material.
6.0 REPORT LIMITATIONS
This report was prepared specifically for use by the City of Denton, Freese and Nichols, Inc., and
their design partners for this project and shall not be used for other projects or purposes. This
work was performed in a manner consistent with the level of care and skill ordinarily exercised
by other members of the engineering profession practicing in the same locality, under similar
conditions, and at the date the services were provided. Freese and Nichols, Inc. makes no other
representation, guarantee or warranty, express or implied, regarding the services,
communication (oral or written), report, opinion, or instrument of service provided.
The information and opinions contained in this report are based on field observations, subsurface
explorations, laboratory tests, and present knowledge of the proposed project. It is possible that
soil, rock, or groundwater conditions could vary between or beyond the points explored and at
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other times. Paragraphs, statements, test results, boring logs, figures, etc., should not be taken
out of context, nor utilized without a knowledge and awareness of their intent within the purpose
of this report.
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APPENDIX A
Vicinity Map – Figure 1
Boring Location Map – Figure 2
Boring Logs B-1801 - 1804
Key to Symbols
FIGURE
1 Vicinity Map
CITY OF DENTON
Lake Lewisville Water Treatment Plant Phase II Improvements 4055 International Plaza
Suite 200
Fort Worth, TX 76109
FNI PROJECT:
FILE:
PREPARED
DTN18104
T:\GEO\5_Study (GEO)\06_Study Reports &
DATE: June 2018
MMS
SHEETSEQ.this sheet, adjust scale.drawing. If not one inch on Bar is one inch on original
ISSUENO.
VERIFY SCALE01
DATEBY
F&N JOB NO.
FILE NAME
DTN18104
--/--/--
CHECKED
REVISED
DRAWN
DESIGNED
DATE
CITY OF DENTON, TEXAS
LAKE LEWISVILLE WATER TREATMENT
PLANT PHASE II IMPROVEMENTS
Freese and Nichols, Inc.
Texas Registered Engineering Firm F-2144Plot Date: 6/20/2018 9:17 AM Plot By: 02812 Filename: N:\WW\Drawings\WW-OA-PL-SITE04.dwg WW-OA-PL-SITE04.dwg
Last Saved: 6/18/2018 9:46 AM Saved By: 02812Filename: N:\WW\Drawings\WW-OA-PL-SITE04.dwgACAD Rel: 21.0s (LMS Tech)30% SUBMITTAL4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Phone - (817) 735-7300
Fax - (817) 735-7491
Web - www.freese.com
HIGH SERVICE PUMP STATION
.
OVERALL YARD PIPING PLANG-5.DWS
JMM
.
XX FILTER BUILDINGIMPROVEMENTSHIGH SERVICEPUMP STATIONIMPROVEMENTSEXISTING OPERATIONSBUILDING IMPROVEMENTSPOLYMER FEEDIMPROVEMENTSON DATE:TEXAS NO:
DRAFT
THIS DOCUMENT IS RELEASED FOR THEPURPOSE OF INTERIM REVIEW UNDER THEAUTHORITY OF:
IT IS NOT TO BE USED FOR CONSTRUCTION,BIDDING OR PERMIT PURPOSES.
DAVID W. SLOAN P.E.63946 4/20/201818-DR30-DR18-DR36-FW36-FW8-WWR36-FW6-SS4-SS36-TW
30-RW
12-
D
R
12-DR36-TW
48-FW 48-FW30-FW
36-DR
BACKWASHSTORAGETANK
3/636.0
5/634.0
12/627.0
18/621.0
19/620.0
22.5/616.5
28.5/610.5
20
27
15
17
35
44
32
63
10
8
U-1
U-2
SPT-3
SPT-4
SPT-5
SPT-6
SPT-7
SPT-8
SPT-9
SPT-10
16-15-14(29)
16-18-23(41)
12-17-21(38)
17-33-44(77)
50/5.75"
7-19-32(51)
8-10-19(29)
47-50/4.50"
4.5+ (P)
4.5+ (P)
29
46
SILTY CLAYEY SAND, dark reddish brown,medium to very dense
SILTY CLAYEY SAND, dark brown, mediumto very dense
CLAYEY SAND, dark reddish brown,dense, fine grained
SAND, light reddish brown, very dense,fine to medium grained
SANDY CLAY, dark gray, very stiff
SAND, light gray, very dense, fine tomedium grained
SAND, silty, dark reddish brown, mediumdense to dense, fine to medium grained
-seepage at 28 feet
SAND, silty, reddish brown, very dense,fine to medium grained, wet ELEVATION, ftSTRAIN AT FAILURE, %UNC. COMPRESSIVESTRENGTH, tsfPLASTICITY INDEXPLASTIC LIMITLIQUID LIMIT% PASSINGNO. 200 SIEVEUNIT DRY WEIGHT, pcfWATER CONTENT, %TYPEBLOW COUNTSHAND PENE-TROMETER (P) /TORVANE (T), tsfRECOVERY, %RQD, %SYMBOLDEPTH, ftMATERIAL DESCRIPTION
SAMPLE
28 ft Boring advanced with hollow stem auger to 35 feet. Seepage at 28 feet. From 35feet to termination rotary drill with water as drilling fluid.
The stratification lines represent approximate strata boundaries. In situ, the transition may be gradual. These logsare subject to the limitations, conclusions, and recommendations in the associated report.Sheet 1 of 2
Water Observations:Remarks:
Date Drilling Started:2/19/2018
Project Description:Lake Lewisville WTP
Project Location:Denton, Texas
Logged By:D. Rohmer
Rig Type:CME 75
Elevation:639.0 ft.
Hammer Type:Automatic
Drilling Co.:Texplor of Dallas, Inc.
Latitude:33.199167 Longitude:-97.105278
Project No.:DTN18104
Phase No.:****
Date Drilling Completed:2/19/2018
Drill Method:DRY w/ HSA: Rotary Wash
634
629
624
619
614
609
5
10
15
20
25
30
LOG OF BORING NO. B-1801
PLATE 3
34/605.0
38/601.0
NP
NP
NP
NP
NP
NP
71
41
23
17
SPT-11
SPT-12
SPT-13
SPT-14
50/4.25"
28-50/5.00"
44-50/2.25"
50/4.00"
SAND, silty, reddish brown, very dense,fine to medium grained, wet (continued)
CLAY, gray, hard
SAND, silty, reddish brown to darkreddish brown, very dense, fine tomedium grained
Total boring depth 48.9 ft.ELEVATION, ftSTRAIN AT FAILURE, %UNC. COMPRESSIVESTRENGTH, tsfPLASTICITY INDEXPLASTIC LIMITLIQUID LIMIT% PASSINGNO. 200 SIEVEUNIT DRY WEIGHT, pcfWATER CONTENT, %TYPEBLOW COUNTSHAND PENE-TROMETER (P) /TORVANE (T), tsfRECOVERY, %RQD, %SYMBOLDEPTH, ftMATERIAL DESCRIPTION
SAMPLE
28 ft Boring advanced with hollow stem auger to 35 feet. Seepage at 28 feet. From 35feet to termination rotary drill with water as drilling fluid.
The stratification lines represent approximate strata boundaries. In situ, the transition may be gradual. These logsare subject to the limitations, conclusions, and recommendations in the associated report.Sheet 2 of 2
Water Observations:Remarks:
Date Drilling Started:2/19/2018
Project Description:Lake Lewisville WTP
Project Location:Denton, Texas
Logged By:D. Rohmer
Rig Type:CME 75
Elevation:639.0 ft.
Hammer Type:Automatic
Drilling Co.:Texplor of Dallas, Inc.
Latitude:33.199167 Longitude:-97.105278
Project No.:DTN18104
Phase No.:****
Date Drilling Completed:2/19/2018
Drill Method:DRY w/ HSA: Rotary Wash
604
599
594
589
584
579
35
40
45
50
55
60
LOG OF BORING NO. B-1801
PLATE 4
1/622.0
3/620.0
5/618.0
12.5/610.5
24/599.0
27.5/595.5
NP
NP
NP
NP
NP
NP
NP
NP
NP
9
67
63
7
15
16
UD-1
UD-2
SPT-3
SPT-4
SPT-5
SPT-6
SPT-7
SPT-8
SPT-9
38-1/1.00"
39-2/2.00"
41-45-5/5.00"
22-5/5.00"
38-5/5.00"
8-34-5/5.00"
31-5/5.00"
NT
1.5 (P)
40
58
SANDY CLAY, dark brown, soft, probableFILL
CLAYEY SAND, yellow brown to reddishbrown, loose to medium dense, mediumgrained
SAND, light gray, medium to very dense,fine to medium grained
SAND, silty, light gray, very dense, fine tomedium grained
SAND to SILTY SAND, light gray, verydense, fine to medium grained (pocketsor seams of sandy silt)-seepage at 13 feet
CLAY, shaly, gray to very dark brown,hard, (severely weathered shale)
SAND, reddish brown to dark brown, verydense, wet, fine to medium grained ELEVATION, ftSTRAIN AT FAILURE, %UNC. COMPRESSIVESTRENGTH, tsfPLASTICITY INDEXPLASTIC LIMITLIQUID LIMIT% PASSINGNO. 200 SIEVEUNIT DRY WEIGHT, pcfWATER CONTENT, %TYPEBLOW COUNTSHAND PENE-TROMETER (P) /TORVANE (T), tsfRECOVERY, %RQD, %SYMBOLDEPTH, ftMATERIAL DESCRIPTION
SAMPLE
13 ft Boring advanced with hollow stem auger to 35 feet. Seepage at 13 feet. From 35feet to termination rotary drill with water as drilling fluid.
The stratification lines represent approximate strata boundaries. In situ, the transition may be gradual. These logsare subject to the limitations, conclusions, and recommendations in the associated report.Sheet 1 of 2
Water Observations:Remarks:
Date Drilling Started:2/19/2018
Project Description:Lake Lewisville WTP
Project Location:Denton, Texas
Logged By:D. Rohmer
Rig Type:CME 75
Elevation:623.0 ft.
Hammer Type:Automatic
Drilling Co.:Texplor of Dallas, Inc.
Latitude:33.199259 Longitude:-97.105165
Project No.:DTN18104
Phase No.:****
Date Drilling Completed:2/19/2018
Drill Method:DRY w/ HSA: Rotary Wash
618
613
608
603
598
593
5
10
15
20
25
30
LOG OF BORING NO. B-1802
PLATE 5
37/586.0
47/576.0
49.5/573.5
SPT-10
SPT-11
SPT-12
SPT-13
5-5/5.00"
45-3/3.00"
17-3/3.00"
4-4/2.00"
SAND, reddish brown to dark brown, verydense, wet, fine to medium grained(continued)
SAND, light gray, very dense, wet, fine tomedium grained
CLAY, shaly, dark gray, hard (severelyweathered shale)
SHALE, gray, weathered
Total boring depth 50.0 ft.ELEVATION, ftSTRAIN AT FAILURE, %UNC. COMPRESSIVESTRENGTH, tsfPLASTICITY INDEXPLASTIC LIMITLIQUID LIMIT% PASSINGNO. 200 SIEVEUNIT DRY WEIGHT, pcfWATER CONTENT, %TYPEBLOW COUNTSHAND PENE-TROMETER (P) /TORVANE (T), tsfRECOVERY, %RQD, %SYMBOLDEPTH, ftMATERIAL DESCRIPTION
SAMPLE
13 ft Boring advanced with hollow stem auger to 35 feet. Seepage at 13 feet. From 35feet to termination rotary drill with water as drilling fluid.
The stratification lines represent approximate strata boundaries. In situ, the transition may be gradual. These logsare subject to the limitations, conclusions, and recommendations in the associated report.Sheet 2 of 2
Water Observations:Remarks:
Date Drilling Started:2/19/2018
Project Description:Lake Lewisville WTP
Project Location:Denton, Texas
Logged By:D. Rohmer
Rig Type:CME 75
Elevation:623.0 ft.
Hammer Type:Automatic
Drilling Co.:Texplor of Dallas, Inc.
Latitude:33.199259 Longitude:-97.105165
Project No.:DTN18104
Phase No.:****
Date Drilling Completed:2/19/2018
Drill Method:DRY w/ HSA: Rotary Wash
588
583
578
573
568
563
35
40
45
50
55
60
LOG OF BORING NO. B-1802
PLATE 6
5.5/630.0
12/623.5
NP
16
9
NP
15
16
NP
31
25
21
33
37
10
16
14
UD-1
UD-2
SPT-3
SPT-4
SPT-5
SPT-6
SPT-7
SPT-8
SPT-9
9-10-11(21)
5-6-5(11)
3-3-4(7)
5-5-4(9)
10-11-11(22)
5-10-15(25)
43-30-27(57)
2.25 (P)
NT
40
100
SAND to SILTY SAND, reddish brown,medium dense, fine to medium grained
CLAYEY SAND, brown, loose, fine tomedium grained
CLAYEY SAND, dark reddish brown tolight gray, medium to very dense, fine tomedium grained
Total boring depth 25.0 ft.ELEVATION, ftSTRAIN AT FAILURE, %UNC. COMPRESSIVESTRENGTH, tsfPLASTICITY INDEXPLASTIC LIMITLIQUID LIMIT% PASSINGNO. 200 SIEVEUNIT DRY WEIGHT, pcfWATER CONTENT, %TYPEBLOW COUNTSHAND PENE-TROMETER (P) /TORVANE (T), tsfRECOVERY, %RQD, %SYMBOLDEPTH, ftMATERIAL DESCRIPTION
SAMPLE
Boring advanced with hollow stem auger to 25 feet. Boring dry at completion; after1 hour water at 19 feet.
The stratification lines represent approximate strata boundaries. In situ, the transition may be gradual. These logsare subject to the limitations, conclusions, and recommendations in the associated report.Sheet 1 of 1
Water Observations:Remarks:
Date Drilling Started:2/19/2018
Project Description:Lake Lewisville WTP
Project Location:Denton, Texas
Logged By:D. Rohmer
Rig Type:CME 75
Elevation:635.5 ft.
Hammer Type:Automatic
Drilling Co.:Texplor of Dallas, Inc.
Latitude:33.199648 Longitude:-97.103035
Project No.:DTN18104
Phase No.:****
Date Drilling Completed:2/19/2018
Drill Method:DRY w/ HSA
631
626
621
616
611
606
5
10
15
20
25
30
LOG OF BORING NO. B-1803
PLATE 7
6/623.5
19/610.5
NP
NP
NP
NP
NP
NP
NP
NP
NP
15
29
54
8
15
14
SPT-1
SPT-2
SPT-3
SPT-4
SPT-5
SPT-6
SPT-7
SPT-8
3-2-3(5)
3-3-3(6)
3-3-3(6)
3-3-4(7)
5-10-13(23)
10-13-14(27)
8-41-50/4.00"
9-22-36(58)
SAND, silty, dark reddish brown toreddish brown, loose, fine grained
SAND, silty, reddish brown to light gray,loose to medium dense, fine grained(pockets or seams of sandy silt)
SAND, silty, reddish brown, very dense,fine to medium grained
Total boring depth 25.0 ft.ELEVATION, ftSTRAIN AT FAILURE, %UNC. COMPRESSIVESTRENGTH, tsfPLASTICITY INDEXPLASTIC LIMITLIQUID LIMIT% PASSINGNO. 200 SIEVEUNIT DRY WEIGHT, pcfWATER CONTENT, %TYPEBLOW COUNTSHAND PENE-TROMETER (P) /TORVANE (T), tsfRECOVERY, %RQD, %SYMBOLDEPTH, ftMATERIAL DESCRIPTION
SAMPLE
Boring advanced with hollow stem auger to 25 feet. Boring dry at completion.
The stratification lines represent approximate strata boundaries. In situ, the transition may be gradual. These logsare subject to the limitations, conclusions, and recommendations in the associated report.Sheet 1 of 1
Water Observations:Remarks:
Date Drilling Started:2/19/2018
Project Description:Lake Lewisville WTP
Project Location:Denton, Texas
Logged By:D. Rohmer
Rig Type:CME 75
Elevation:629.5 ft.
Hammer Type:Automatic
Drilling Co.:Texplor of Dallas, Inc.
Latitude:33.199486 Longitude:-97.102803
Project No.:DTN18104
Phase No.:****
Date Drilling Completed:2/19/2018
Drill Method:DRY w/ HSA
625
620
615
610
605
600
5
10
15
20
25
30
LOG OF BORING NO. B-1804
PLATE 8
PROJECT LOCATION Denton, Texas
PROJECT NAME Lake Lewisville WTP PROJECT PHASE ****PROJECT NUMBER DTN18104
ABBREVIATIONS
TVPIDUCppm
----
TORVANEPHOTOIONIZATION DETECTORUNCONFINED COMPRESSIONPARTS PER MILLION
LIQUID LIMIT (%)PLASTIC INDEX (%)MOISTURE CONTENT (%)DRY DENSITY (PCF)
NON PLASTICPERCENT PASSING NO. 200 SIEVEPOCKET PENETROMETER (TSF)
LLPIWDD
NP-200PP
----
---
LITHOLOGIC SYMBOLS
(Unified Soil Classification System)
CH: USCS High Plasticity Clay
CL: USCS Low Plasticity Clay
SC: USCS Clayey Sand
SHALE: Shale
SM: USCS Silty Sand
KEY TO SYMBOLS
Water Level at TimeDrilling, or as Shown
Water Level After 24Hours, or as Shown
Water Level at End ofDrilling, or as Shown
TESTING PERFOMED BY:Gorrondona and Associates
KEY TO SYMBOLS - FNI.GDT - 6/27/18 09:43 - T:\GEO\3_FIELD EXPLORATION\04_LOGS & GINT\DTN18104_GINT.GPJPLATE 9
Switchgear and Administration Buildings
City of Denton
Appendix B
Laboratory Results
B-1801 7.0 9.5 32 35 15 20
B-1801 18.3 8.2 63 44 17 27
B-1801 33.0 22.9 71 NP NP NP
B-1801 38.5 16.6 41 NP NP NP
B-1802 7.0 7.0 9 NP NP NP
B-1802 13.5 14.6 67 NP NP NP
B-1802 23.5 16.0 63 NP NP NP
B-1803 2.0 10.2 21 NP NP NP
B-1803 7.0 15.9 33 31 15 16
B-1803 13.5 14.0 37 25 16 9
B-1804 2.0 8.1 15 NP NP NP
B-1804 8.0 15.5 29 NP NP NP
B-1804 13.5 14.0 54 NP NP NP
Borehole
SUMMARY OF LABORATORY RESULTSPAGE 1 OF 1
Depth,ft Strain atFailure, %LiquidLimit
UnitDryWeightlb/ft3
WaterContent, %
% PassingNo. 200Sieve
UnconfinedCompressiveStrength, tsf
PlasticityIndexPlasticLimit
PROJECT LOCATION Denton, Texas
PROJECT NAME Lake Lewisville WTP PROJECT PHASE ****PROJECT NUMBER DTN18104
TESTING PERFOMED BY:Gorrondona and Associates
LAB SUMMARY - FNI.GDT - 6/27/18 09:44 - T:\GEO\3_FIELD EXPLORATION\04_LOGS & GINT\DTN18104_GINT.GPJ
NATIONWIDE PERMIT 3
Maintenance
Effective Date: March 19, 2017
(NWP Final Notice, 82 FR 4 ) 3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by
33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses
specified or contemplated for it in the original permit or the most recently authorized modification.
Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or
replacement are authorized. This NWP also authorizes the removal of previously authorized
structures or fills. Any stream channel modification is limited to the minimum necessary for the
repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate
vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement
of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events,
provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer,
provided the permittee can demonstrate funding, contract, or other similar delays.
(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the
waterway in the vicinity of the structure to the approximate dimensions that existed when the
structure was built, but cannot extend farther than 200 feet in any direction from the structure. This
200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated
materials must be deposited and retained in an area that has no waters of the United States unless
otherwise specifically approved by the district engineer under separate authorization.
(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be
taken to maintain normal downstream flows and minimize flooding to the maximum extent
practicable, when temporary structures, work, and discharges, including cofferdams, are necessary
for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and
the affected areas returned to pre-construction elevations. The areas affected by temporary fills
must be revegetated, as appropriate.
(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new
stream channelization or stream relocation projects.
Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see
general condition 32). The pre-construction notification must include information regarding the
original design capacities and configurations of the outfalls, intakes, small impoundments, and
canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the
Clean Water Act (Sections 10 and 404))
Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously
authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption
for maintenance.
Nationwide Permit General Conditions
Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions
imposed by the division engineer or district engineer. Prospective permittees should contact the
appropriate Corps district office to determine if regional conditions have been imposed on an
NWP. 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 under 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.
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or
otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee
will be required, upon due notice from the 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.
2. 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 normally migrate through the area, unless the activity's primary purpose is to impound water.
All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or
otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and
constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided
to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area
are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies,
asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its
flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization, storm water management activities, and temporary and permanent
road crossings, except as provided below. The activity must be constructed to withstand expected
high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter
the pre-construction course, condition, capacity, and location of open waters if it benefits the
aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats,
or other measures must be taken to minimize soil disturbance.
12. 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 of low-flow or no-flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the
affected areas returned to pre-construction elevations. The affected areas must be revegetated, as
appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity-specific conditions added by the district engineer to an NWP
authorization.
15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. (a) No NWP 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.
(b) If a proposed NWP activity will 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, the permittee must submit a
pre-construction notification (see general condition 32). The district engineer will coordinate the
PCN with the Federal agency with direct management responsibility for that river. The permittee
shall not begin the NWP activity until notified by the district engineer that the Federal agency with
direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal
land management agency responsible for the designated Wild and Scenic River or study river (e.g.,
National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal
rights (including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly 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 directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been
completed. Direct effects are the immediate effects on listed species and critical habitat caused by
the NWP activity. Indirect effects are those effects on listed species and critical habitat that are
caused by the NWP activity and are later in time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the
Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the
ESA.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in 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 might affect Federally-listed
endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the
proposed activity. The district engineer will determine whether the proposed activity “may affect”
or will have “no effect” to listed species and designated critical habitat and will notify the non-
Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-
construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification that the
proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7
consultation has been completed. If the non-Federal applicant has not heard back from the Corps
within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an 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 FWS
or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the
United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may
include significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the
proposed NWP activity, the non-federal applicant should provide a copy of that ESA section
10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district
engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to
determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If
that coordination results in concurrence from the agency that the proposed NWP activity and the
associated incidental take were considered in the internal ESA section 7 consultation for the ESA
section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7
consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA
section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7
consultation is required.
(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web
pages at http://www.fws.gov/ or http://www.fws.gov/ipac and
http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection
Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and
Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles,
including whether “incidental take” permits are necessary and available under the Migratory Bird
Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the activity
may have the potential to cause effects to properties listed, or eligible for listing, in the National
Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre-construction
notification is required for the proposed NWP activity, the Federal permittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation under
section 106 may be necessary. The respective federal agency is responsible for fulfilling its
obligation to comply with section 106.
(c) Non-federal permittees must submit a pre-construction notification to the district
engineer if the NWP activity might have the potential to cause effects to any historic properties
listed on, determined to be eligible for listing on, or potentially eligible for listing on the National
Register of Historic Places, including previously unidentified properties. For such activities, the
pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the
historic properties or the potential for the presence of historic properties. Assistance regarding
information on the location of, or potential for, the presence of historic properties can be sought
from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated
tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the
current procedures for addressing the requirements of section 106 of the National Historic
Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out
appropriate identification efforts, which may include background research, consultation, oral
history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether
the proposed NWP activity has the potential to cause effects on the historic properties. Section 106
consultation is not required when the district engineer determines that the activity does not have the
potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is
required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations
for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or
adverse effect. Where the non-Federal applicant has identified historic properties on which the
activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to cause effects to historic properties or that NHPA section 106 consultation has
been completed.
(d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106
consultation is required. If NHPA section 106 consultation is required, the district engineer will
notify the non-Federal applicant that he or she cannot begin the activity until section 106
consultation is completed. If the non-Federal applicant has not heard back from the Corps within
45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C.
306113) prevents the Corps from granting a permit or other assistance to an applicant who, with
intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify
granting such assistance despite the adverse effect created or permitted by the applicant. If
circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained
from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects
historic properties on tribal lands or affects properties of interest to those tribes, and other parties
known to have a legitimate interest in the impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district
engineer may designate, after notice and opportunity for public comment, additional waters
officially designated by a state as having particular environmental or ecological significance, such
as outstanding national resource waters or state natural heritage sites. The district engineer may
also designate additional critical resource waters after notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized
by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity
within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54,
notification is required in accordance with general condition 32, 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.
23. Mitigation. The district engineer will consider the following factors when determining
appropriate and practicable mitigation necessary to ensure that the individual and cumulative
adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States 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 for resource losses) will be required to the extent necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no
more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses
of 1/10-acre or less that require pre-construction notification, the district engineer may determine
on a case-by-case basis that compensatory mitigation is required to ensure that the activity results
in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre-construction notification, the
district engineer may require compensatory mitigation to ensure that the activity results in no more
than minimal adverse environmental effects. Compensatory mitigation for losses of streams should
be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open
waters will normally include a requirement for the restoration or enhancement, maintenance, and
legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory
mitigation required. Restored riparian areas should consist of native species. The width of the
required riparian area will address documented water quality or aquatic habitat loss concerns.
Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district
engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a
stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a
riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open
waters exist on the project site, the district engineer will determine the appropriate compensatory
mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most
appropriate form of minimization or compensatory mitigation, the district engineer may waive or
reduce the requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in no
more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33
CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-
lieu credits are not available at the time the PCN is submitted to the district engineer, the district
engineer may approve the use of permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be
sufficient to ensure that the authorized activity results in no more than minimal individual and
cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option
considered for permittee-responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used
by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation
plan only needs to address the baseline conditions at the impact site and the number of credits to be
provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the
acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be
used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the
United States, even if compensatory mitigation is provided that replaces or restores some of the lost
waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than
minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-
responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b).
For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation
may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the
area that have marine or estuarine credits available for sale or transfer to the permittee. For
permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the
compensatory mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently
adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in
a permanently maintained utility line right-of-way, mitigation may be required to reduce the
adverse environmental effects of the activity to the no more than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not
previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality
Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or
Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received
a state coastal zone management consistency concurrence, an individual state coastal zone
management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.
27. 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 Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency
determination.
28. 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 United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with
associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the
United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide permit
verification to the new owner by submitting a letter to the appropriate Corps district office to
validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature:
“When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with
its terms and conditions, have the transferee sign and date below.”
_____________________________________________
(Transferee)
_____________________________________________ (Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from
the Corps must provide a signed certification documenting completion of the authorized activity
and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards,
will be addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will include:
(a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee
program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the
appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the activity and mitigation.
The completed certification document must be submitted to the district engineer within 30
days of completion of the authorized activity or the implementation of any required compensatory
mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity
also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-
construction notification. See paragraph (b)(10) of general condition 32. An activity that requires
section 408 permission is not authorized by NWP until the appropriate Corps office issues the
section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification.
32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the
prospective permittee must notify the district engineer by submitting a pre-construction notification
(PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the
prospective permittee within that 30 day period to request the additional information necessary to
make the PCN complete. The request must specify the information needed to make the PCN
complete. As a general rule, district engineers will request additional information necessary to
make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the
PCN is still incomplete and the PCN review process will not commence until all of the requested
information has been received by the district engineer. The prospective permittee shall not begin
the activity until either:
(1) He or she is 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) 45 calendar days have passed from the district engineer’s receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that
listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify
the Corps pursuant to general condition 20 that the activity might have the potential to cause effects
to historic properties, the permittee cannot begin the activity until receiving written notification
from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act
(see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR
330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a written
waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,
the permittee cannot begin the activity until an individual permit has been obtained. Subsequently,
the permittee’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(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the
following information:
(1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to
authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse
environmental effects the activity would cause, including the anticipated amount of loss of
wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in
acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to
authorize any part of the proposed project or any related activity, including other separate and
distant crossings for linear projects that require Department of the Army authorization but do not
require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the
need for compensatory mitigation or other mitigation measures. For single and complete linear
projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic
sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when
provided results in a quicker decision. Sketches should contain sufficient detail to provide an
illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be
detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project
site. Wetland delineations must be prepared in accordance with the current method required by the
Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation
requirement will be satisfied, or explaining why the adverse environmental effects are no more than
minimal and why compensatory mitigation should not be required. As an alternative, the
prospective permittee may submit a conceptual or detailed mitigation plan.
(7) For non-Federal permittees, if any listed species or designated critical habitat might be
affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat,
the PCN must include the name(s) of those endangered or threatened species that might be affected
by the proposed activity or utilize the designated critical habitat that might be affected by the
proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;
(8) For non-Federal permittees, if the NWP activity might have the potential to cause
effects to a historic property listed on, determined to be eligible for listing on, or potentially
eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map
indicating the location of the historic property. For NWP activities that require pre-construction
notification, Federal permittees must provide documentation demonstrating compliance with
section 106 of the National Historic Preservation Act;
(9) For an activity that will 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, the PCN must identify the Wild and Scenic
River or the “study river” (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408
because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers
federally authorized civil works project, the pre-construction notification must include a statement
confirming that the project proponent has submitted a written request for section 408 permission
from the Corps office having jurisdiction over that USACE project.
(c) Form of Pre-Construction Notification: The standard individual permit application form
(Form ENG 4345) may be used, but the completed application form must clearly indicate that it is
an NWP PCN and must include all of the applicable information required in paragraphs (b)(1)
through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district
engineer has established tools and procedures for electronic submittals.
(d) Agency Coordination: (1) 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 activity’s adverse environmental
effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre-construction
notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess
of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of
dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear
feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide
(e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water
quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district
engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive,
site-specific comments. The comments must explain why the agency believes the adverse
environmental effects will be more than minimal. If so contacted by an agency, the district engineer
will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the
specified time frame concerning the proposed activity’s compliance with the terms and conditions
of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of
the proposed activity are no more than minimal. The district engineer will provide no response to
the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’
concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation
activity may proceed immediately in cases where there is an unacceptable hazard to life or a
significant loss of property or economic hardship will occur. The district engineer will consider any
comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district engineer
will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat
conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre-construction notifications to expedite agency coordination.
D. District Engineer’s Decision
1. 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. If a project
proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she
determines, after considering mitigation, that the proposed activity will result in more than minimal
individual and cumulative adverse effects on the aquatic environment and other aspects of the
public interest and exercises discretionary authority to require an individual permit for the proposed
activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms
and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings
authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to
streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43,
44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental
effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52),
the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and
wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct and indirect effects caused by the NWP activity. He or she will
also consider the cumulative adverse environmental effects caused by activities authorized by
NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the
vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree or
magnitude to which the aquatic resources perform those functions, the extent that aquatic resource
functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to
the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an
appropriate functional or condition assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse
environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns.
3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre
of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed
compensatory mitigation or other mitigation measures the applicant has included in the proposal in
determining whether the net adverse environmental effects of the proposed activity are no more
than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the
district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation,
the district engineer will notify the permittee and include any activity-specific conditions in the
NWP verification the district engineer deems necessary. Conditions for compensatory mitigation
requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district
engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation
plan is not practicable or not necessary to ensure timely completion of the required compensatory
mitigation. 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 proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure
the NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will provide a
timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the
NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the proposed
activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the
procedures to seek authorization under an individual permit; (b) that the activity is authorized
under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the
adverse environmental effects so that they are no more than minimal; or (c) that the activity 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 environmental
effects, the activity will be authorized within the 45-day PCN period (unless additional time is
required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities
authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation
requirements. The authorization will include the necessary conceptual or detailed mitigation plan or
a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is
required, no work in waters of the United States may occur until the district engineer has approved
a specific mitigation plan or has determined that prior approval of a final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation.
E. Further Information
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 (see
general condition 31).
F. Definitions
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from
development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term “discharge” means any discharge of dredged or fill material into
waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and riparian area
restoration, enhancement, or establishment activity under NWP 27. An ecological reference may
be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type
that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian
area type to be restored, enhanced, or established as a result of the proposed NWP 27 activity. An
ecological reference takes into account the range of variation of the aquatic habitat type or riparian
area type in the region.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland site.
Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water’s surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence of
actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine
shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but
does not include storm surges in which there is a departure from the normal or predicted reach of
the tide due to the piling up of water against a coast by strong winds such as those accompanying a
hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register of
Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records,
and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and
that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-linear
project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not
a net threshold that is calculated after considering compensatory mitigation that may be used to
offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the
United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction
contours and elevations after construction, are not included in the measurement of loss of waters of
the United States. Impacts resulting from activities that do not require Department of the Army
authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899.
These waters are defined at 33 CFR part 329.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow
of tidal waters. Non-tidal wetlands contiguous to tidal waters are located landward of the high tide
line (i.e., spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or
standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore established
by the fluctuations of water and indicated by physical characteristics, or by other appropriate means
that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream
flow.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
Pre-construction notification: A request submitted by the project proponent to the Corps for
confirmation that a particular activity is authorized by nationwide permit. The request may be a
permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. Pre-construction notification may be required by the
terms and conditions of a nationwide permit, or by regional conditions. A pre-construction
notification may be voluntarily submitted in cases where pre-construction notification is not
required and the project proponent wants confirmation that the activity is authorized by nationwide
permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by
an action in or near those aquatic resources. This term includes activities commonly associated
with the protection and maintenance of aquatic resources through the implementation of
appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions.
Protected tribal resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or reserved
by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including
tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-
establishment results in rebuilding a former aquatic resource and results in a gain in aquatic
resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic
resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of
streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine-marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of
ecological functions and services and help improve or maintain local water quality. (See general
condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish
attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish
shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.
Single and complete linear project: A linear project is a project constructed for the purpose
of getting people, goods, or services from a point of origin to a terminal point, which often involves
multiple crossings of one or more waterbodies at separate and distant locations. The term “single
and complete project” is defined as that portion of the total linear project proposed or accomplished
by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant
locations, each crossing is considered a single and complete project for purposes of NWP
authorization. However, individual channels in a braided stream or river, or individual arms of a
large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term “single and
complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP
authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed.
Stream channelization: The manipulation of a stream’s course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom,
breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or
any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters.
Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or
other effects. Tidal wetlands are located channelward of the high tide line.
Tribal lands: Any lands title to which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual subject to
restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United
States. If a wetland is adjacent to a waterbody determined to be a water of the United States, that
waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands.
ADDITIONAL INFORMATION This nationwide permit is effective March 19, 2017, and expires on March 18, 2022.
Information about the U.S. Army Corps of Engineers regulatory program, including nationwide permits, may also be
found at http://www.swf.usace.army.mil/Missions/Regulatory.aspx and
http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 1 of 6
2017 NATIONWIDE PERMIT (NWP) REGIONAL CONDITIONS
FOR THE STATE OF TEXAS
The following regional conditions apply within the entire State of Texas:
1. For all discharges proposed for authorization under Nationwide Permits (NWP) 3, 6,
7, 12, 14, 18, 19, 21, 23, 25, 27, 29, 39, 40, 41, 42, 43, 44, 49, 51, and 52, into the
following habitat types or specific areas, the applicant shall notify the appropriate District
Engineer in accordance with the NWP General Condition 32, Pre-Construction
Notification (PCN). The Corps of Engineers (Corps) will coordinate with the resource
agencies as specified in NWP General Condition 32(d) (PCN). The habitat types or
areas are:
a. Pitcher Plant Bogs: Wetlands typically characterized by an organic
surface soil layer and include vegetation such as pitcher plants (Sarracenia spp.)
and/or sundews (Drosera spp.).
b. Bald Cypress-Tupelo Swamps: Wetlands dominated by bald cypress
(Taxodium distichum) and/or water tupelo (Nyssa aquatic).
2. For all activities proposed for authorization under any Nationwide Permit (NWP) at
sites approved as compensatory mitigation sites (either permittee-responsible,
mitigation bank and/or in-lieu fee) under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899, the applicant shall notify the
appropriate District Engineer in accordance with the NWP General Condition 32 - Pre-
Construction Notification prior to commencing the activity.
3. For all activities proposed for authorization under NWP 16, the applicant shall notify
the appropriate District Engineer in accordance with the NWP General Condition 32
(Pre-Construction Notification) and must obtain an individual water quality certification
(WQC) from the TCEQ. Work cannot begin under NWP 16 until the applicant has
received written approval from the Corps and WQC.
NOTE: For all activities proposing to use equipment that has operated or been stored in
a water body on the Texas list of zebra mussel (Dreissena polymorpha) infected water
bodies, equipment should be decontaminated prior to relocation in accordance with
Texas Administrative Code, Title 31, Part 2, Chapter 57, Subchapter A. The following
decontamination Best Management Practices (BMPs), as a minimum, are indicated:
a. Clean: Clean both the inside and outside of equipment and gear, by
removing all plants, animals, and mud and thoroughly washing the equipment
using a high pressure spray nozzle.
b. Drain: Drain all water from receptacles before leaving the area, including
livewells, bilges, ballast, and engine cooling water on boats.
c. Dry: Allow time for your equipment to dry completely before relocating in
other waters. Equipment should be dried prior to relocation. High temperature
pressure washing (greater than or equal to 140F) or professional cleaning may
be substituted for drying time.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 2 of 6
The following regional condition only applies within the Albuquerque, Fort Worth,
and Galveston Districts:
4. For all activities proposed for authorization under Nationwide Permit (NWP) 12 that
involve a discharge of fill material associated with mechanized land clearing of wetlands
dominated by native woody shrubs, the applicant shall notify the appropriate District
Engineer in accordance with the NWP General Condition 32 – Pre-Construction
Notification prior to commencing the activity. For the purpose of this regional condition,
a shrub dominated wetland is characterized by woody vegetation less than 3.0 inches in
diameter at breast height but greater than 3.2 feet in height, which covers 20% or more
of the area. Woody vines are not included.
The following regional conditions apply within the Albuquerque District.
5. Nationwide Permit (NWP) 23 – Approved Categorical Exclusions. A pre-construction
notification (PCN) to the District Engineer in accordance with General Condition 32 -
PCN is required for all proposed activities under NWP 23.
6. Nationwide Permit (NWP) 27 – Aquatic Habitat Restoration, Establishment, and
Enhancement Activities. For all proposed activities under NWP 27 that require pre-
construction notification, a monitoring plan commensurate with the scale of the
proposed restoration project and the potential for risk to the aquatic environment must
be submitted to the Corps. (See “NWP 27 Guidelines” at
http://www.spa.usace.army.mil/Missions/RegulatoryProgramandPermits/NWP.aspx).
7. Channelization. Nationwide Permit (NWP) General Condition 9 for Management of
Water Flows is amended to add the following: Projects that would result in permanent
channelization to previously un-channelized streams require pre-construction
notification to the Albuquerque District Engineer in accordance with NWP General
Condition 32 – Pre-Construction Notification.
8. Dredge and Fill Activities in Intermittent and Perennial Streams, and Special Aquatic
Sites: For all activities subject to regulation under the Clean Water Act Section 404 in
intermittent and perennial streams, and special aquatic sites (including wetlands, riffle
and pool complexes, and sanctuaries and refuges), pre-construction notification (PCN)
to the Albuquerque District Engineer is required in accordance with Nationwide Permit
General Condition 32 - PCN.
9. Springs. For all discharges of dredged or fill material within 100 feet of the point of
groundwater discharge of natural springs located in an aquatic resource, a pre-
construction notification (PCN) is required to the Albuquerque District Engineer in
accordance with Nationwide Permit General Condition 32 - PCN. A natural spring is
defined as any location where ground water emanates from a point in the ground and
has a defined surface water connection to another waters of the United States. For
purposes of this regional condition, springs do not include seeps or other groundwater
discharges which lack a defined surface water connection.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 3 of 6
10. Suitable Fill. Use of broken concrete as fill or bank stabilization material is
prohibited unless the applicant demonstrates that its use is the only practicable material
(with respect to cost, existing technology, and logistics). Any applicant who wishes to
use broken concrete as bank stabilization must provide notification to the Albuquerque
District Engineer in accordance with Nationwide Permit General Condition 32 - Pre-
Construction Notification along with justification for such use. Use of broken concrete
with rebar or used tires (loose or formed into bales) is prohibited in all waters of the
United States.
The following regional conditions apply only within the Fort Worth District.
11. For all discharges proposed for authorization under all Nationwide Permits (NWP)
into the area of Caddo Lake within Texas that is designated as a “Wetland of
International Importance” under the Ramsar Convention, the applicant shall notify the
Fort Worth District Engineer in accordance with the NWP General Condition 32 – Pre-
Construction Notification (PCN). The Fort Worth District will coordinate with the
resource agencies as specified in NWP General Condition 32(d) - PCN.
12. Compensatory mitigation is generally required for losses of waters of the United
States that exceed 1/10 acre and/or for all losses to streams that exceed 300 linear feet.
Loss is defined in Section F of the Nationwide Permits (NWP). Mitigation thresholds are
cumulative irrespective of aquatic resource type at each single and complete crossing.
Compensatory mitigation requirements will be determined in accordance with the
appropriate district standard operating procedures and processes. The applicant shall
notify the Fort Worth District Engineer in accordance with the NWP General Condition
32 - Pre-Construction Notification prior to commencing the activity.
13. For all activities proposed for authorization under Nationwide Permits (NWP) 12, 14
and/or 33 that involve a temporary discharge of fill material into 1/2 acre or more of
emergent wetland OR 1/10 acre of scrub-shrub/forested wetland, the applicant shall
notify the Fort Worth District Engineer in accordance with the NWP General Condition
32 - Pre-Construction Notification prior to commencing the activity.
14. For all discharges proposed for authorization under Nationwide Permits (NWP) 51
and 52, the Fort Worth District will provide the pre-construction notification (PCN) to the
U.S. Fish and Wildlife Service as specified in NWP General Condition 32(d)(2) - PCN
for its review and comments.
The following regional conditions apply only within the Galveston District.
15. No Nationwide Permits (NWP), except NWP 3, shall be used to authorize
discharges into the habitat types or specific areas listed in paragraphs a through c,
below. The applicant shall notify the Galveston District Engineer in accordance with the
NWP General Condition 32 - Pre-Construction Notification prior to commencing the
activity under NWP 3.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 4 of 6
a. Mangrove Marshes. For the purpose of this regional condition, Mangrove
marshes are those waters of the United States that are dominated by mangroves
(Avicennia spp., Laguncuaria spp., Conocarpus spp., and Rhizophora spp.).
b. Coastal Dune Swales. For the purpose of this regional condition, coastal
dune swales are wetlands and/or other waters of the United States located within
the backshore and dune areas in the coastal zone of Texas. They are formed as
depressions within and among multiple beach ridge barriers, dune complexes, or
dune areas adjacent to beaches fronting tidal waters of the United States.
c. Columbia Bottomlands. For the purpose of this regional condition, Columbia
bottomlands are defined as waters of the United States that are dominated by
bottomland hardwoods in the Lower Brazos and San Bernard River basins
identified in the 1997 Memorandum of Agreement between the U.S.
Environmental Protection Agency, U.S. Fish and Wildlife Service, Natural
Resource Conservation Service, and Texas Parks and Wildlife Department for
bottomland hardwoods in Brazoria County. (For further information, see
http://www.swg.usace.army.mil/Business-With-
Us/Regulatory/Permits/Nationwide-General-Permits/)
16. A Compensatory Mitigation Plan is required for all special aquatic site losses, as
defined in Section F of the Nationwide Permits (NWP), that exceed 1/10 acre and/or for
all losses to streams that exceed 200 linear feet. Compensatory mitigation
requirements will be determined in accordance with the appropriate district standard
operating procedures and processes. The applicant shall notify the Galveston District
Engineer in accordance with the NWP General Condition 32 - Pre-Construction
Notification prior to commencing the activity.
17. For all seismic testing activities proposed for authorization under Nationwide Permit
(NWP) 6, the applicant shall notify the Galveston District Engineer in accordance with
the NWP General Condition 32 - Pre-Construction Notification (PCN). The PCN must
state the time period for which the temporary fill is proposed, and must include a
restoration plan for the special aquatic sites. For seismic testing under NWP 6 within
the Cowardin Marine System, Subtidal Subsystem; as defined by the U.S. Fish and
Wildlife Service, Classification of Wetlands and Deepwater Habitats of the United
States, December 1979/Reprinted 1992, the Corps will coordinate with the resource
agencies in accordance with NWP General Condition 32(d) - PCN.
18. For all activities proposed under Nationwide Permits (NWP) 10 and 11 located in
vegetated shallows and coral reefs; as defined by 40 CFR 230.43 and 230.44
respectively, the applicant shall notify the Galveston District Engineer in accordance
with the NWP General Condition 32 - Pre-Construction Notification. Examples include,
but are not limited to: seagrass beds, oyster reefs, and coral reefs.
19. Nationwide Permit 12 shall not be used to authorize discharges within 500 feet of
vegetated shallows and coral reefs; as defined by 40 CFR 230.43 and 230.44
respectively. Examples include, but are not limited to: seagrass beds, oyster reefs, and
coral reefs.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 5 of 6
20. For all activities proposed for authorization under Nationwide Permit 12 that involve
underground placement below a non-navigable river bed and/or perennial stream bed
there shall a minimum cover of 48 inches (1,219 millimeters) of soil below the river
and/or perennial stream thalweg.
21. For all discharges and work proposed below the high tide line under Nationwide
Permits (NWP) 14 and 18, the applicant shall notify the Galveston District Engineer in
accordance with the NWP General Condition 32 - Pre-Construction Notification (PCN).
The Galveston District will coordinate with the resource agencies in accordance with
NWP General Condition 32(d) - PCN.
22. For all activities proposed for authorization under Nationwide Permit (NWP) 33 the
applicant shall notify the Galveston District Engineer in accordance with the NWP
General Condition 32 – Pre-Construction Notification (PCN). The PCN must include a
restoration plan showing how all temporary fills and structures will be removed and the
area restored to pre-project conditions. Activities causing the temporary loss, as
defined in Section F of the NWPs, of more than 0.5 acres of tidal waters and/or 200
linear feet of stream will be coordinated with the agencies in accordance with NWP
General Condition 32(d) - PCN.
23. No Nationwide Permits (NWP), except NWPs 3, 16, 20, 22, 37, shall be used to
authorize discharges, structures, and/or fill within the standard setback and high hazard
zones of the Sabine-Neches Waterway as defined in the Standard Operating Procedure
- Permit Setbacks along the Sabine-Neches Waterway. The applicant shall notify the
Galveston District Engineer in accordance with NWP General Condition 32 - Pre-
Construction Notification for all discharge, structures and/or work in medium hazard
zones and all NWP 3 applications within the standard setback and high hazard zones of
the Sabine-Neches Waterway.
24. No Nationwide Permits (NWP), except 20, 22, and 37, shall be used to authorize
discharges, structures, and/or fill within the standard setback exemptions of the Gulf
Intracoastal Waterway as defined in the Standard Operating Procedure- Department of
the Army Permit Evaluation Setbacks along the Gulf Intracoastal Waterway. The
applicant shall notify the Galveston District Engineer in accordance with NWP General
Condition 32 (Pre-Construction Notification) for all discharges, structures and/or work
within the standard setback, shoreward of the standard setback, and/or standard
setback exemption zones.
25. The use of Nationwide Permits in the San Jacinto River Waste Pits Area of
Concern are revoked. (For further information, see
http://www.swg.usace.army.mil/Business-With-Us/Regulatory/Permits/Nationwide-
General-Permits/)
26. The use of Nationwide Permits 51 and 52 are revoked within the Galveston District
boundaries.
2017 Nationwide Permit Regional Conditions For The State Of Texas Page 6 of 6
27. Nationwide Permit (NWP) 53 pre-construction notifications will be coordinated with
resource agencies as specified in NWP General Condition 32(d) – Pre-construction
Notification.
28. For all activities proposed under Nationwide Permits (NWP) 21, 29, 39, 40, 42, 43,
44, and 50 that result in greater than 300 feet of loss in intermittent and/or ephemeral
streams, as defined in Section F of the NWPs, require evaluation under an Individual
Permit.
The following regional conditions apply only within the Tulsa District.
29. Upland Disposal: Except where authorized by Nationwide Permit 16, material
disposed of in uplands shall be placed in a location and manner that prevents discharge
of the material and/or return water into waters or wetlands unless otherwise authorized
by the Tulsa District Engineer.
30. Major Rivers: The prospective permittee shall notify the Tulsa District Engineer for
all Nationwide Permit 14 verifications which cross major rivers within Tulsa District. For
the purposes of this condition, major rivers include the following: Canadian River, Prairie
Dog Town Fork of the Red River, and Red River.
rvww Qezurlk com
To: Dirk Leidecker
City of Denton
Water Production Plant
1701 B Spencer Road
Denton, Texas 76205
Terms: Net 30 Days
DeZURIK
Quotation
FOB: Factory-Freight Included to Denton, TX
Valid For: 30 Days
Delivery: Will Advise
Cum~ncy and Values expressed In USD ($)
~·DeZURIK
AfQI I WILLAMfTr[
Date of Quote: January 19, 2015
Quote: DAOH91511BF
Proposal: Butterfly Valves and Check Valve
Industry: 4941 -Water Treatment
Mall Order To: DeZURIK-APCO
CIO Hugh M. Cunningham Inc
2029 Westgate, Suite 120
Dallas, TX 75006
Phone 888~47-6585
Fax 800-900-0360
Brad Feldman
'iY PURCHASE ORDER ISSUED AS A R£SULT OF THIS QUOTATION IS SUBJECT TO All OF THE MANUFACTURER'S CONDITIONS, REASONASI.E CONTRACT lANGUAGE NEGOTIATIONS AND
NAL ACCEPT AHCE BY DEZURIK AT SARTELL, MN USA
ltem/Tagl Qty Order Coda Unit Price ($) Total Price($)
2 36" Flanged1508 Butterfly Valve w/ Burlable Gear Actuator <2" Op. Nut>
BAW,36,F1,CI,EPON-EPDM,1 50B,DI·S1* LAB·4·N,SB16
BAW Style: AWWA Butterfly Valve
36 Size: 36 Inch
F1 End connection: Flanged Drilling; ANS1125/150
Cl Body Material: cast Iron
EPDN packing: EPDM; Self AdJusting; -20 to 290" F. <·29 to 143° C.>
EPOM seat Material: Terpolymer Of Ethylene Propylene and A Dlene; -20 to
290" F. <-29 to 143" c.>
1508 service Class: AWWA Class 1508
Dl Disc: Ductile Iron with 316 Stainless Steel Edge
51 Shaft: 304 stainless steel shaft with 316 stainless steel pin on the 3'-
36" and 304 stainless steel pin on the 42"-144"
LAB·4·N Act Type: Link Arm Burlable Nut; 2 In SQuare
SB16 316 Stainless Steel Bolting
2 1 24" Flanged 1506 Butterfly Valve w/ Manual Handwheel Operator ..
BAW,24,F1 ,CI,EPDN·EPDM,150B,DI·S1*MS·7·HD12,SB16
BAW Style: AWWA ButterflY Valve
24 Size: 24 Inch
F1 End connection: Flanged Drilling; ANS1125/150
Cl Body Material: cast Iron
EPON Packing: EPDM; self Adjusting; ·20 to 290° F. 1·29 to 143" C.l
EPOM seat Material: Terpolymer Of Ethylene Propylene and A Dlene; ·20 to
290" F. <·29 to 143" C.>
1508 service Class: AWWA Class 1508
Dl Disc: Ductile Iron with 316 Stainless Steel Edge
S1 Shaft: 304 stainless steel shaft with 316 stainless steel pin on the 3'-
36" and 304 stainless steel pin on the 42"-144"
MS·7·HD12 Act rype: M·5erles Handwheet; 12 In Dla
SB16 316 Stainless steel Bolting
Dezur1k Quote Page 1 of 2 112612015
Nameplate information:
Part# 9650031R001,
Sales Order# 938736-1, BAW,36F1,CI,EPDN-EPDM,150B, DI-S1*LAB-4-N,SB16
www .dezurik.com DeZURIK DeZURIK Quotation )
3 2 24" Ranged Butterfly Valve w/ Manual Actuator & 2" Op. Nut
BAW,24,F1,CI,EPDN-EPDM,150B,DI-S1·MB-7-N-450,X
Modified
BAW: Style-DeZURIK AWWA C504 Rubber-Seated Butterfly
Valve
24: Size-24 Inch
F1: End Connection -Flanged, Drilled to ANSI 816.1 Class
125/150
Cl: Body Material -Cast Iron, ASTM A 126 Class B
EPDN: Packing-EPDM (Terpolymer of Ethylene Propylene
and a Diene), Self-Adjusting Multiple V-Ring; -20 to 290°F (-
29to143°C)
EPDM: Seat Material -EPDM (Terpolymer of Ethylene
Propylene and a Diane); -20 to 290°F (-29 to 143°C)
1508: Service Class-AWWA Class 150B
01: Disc -Ductile Iron, ASTM A536 Grade 65-45-12 (3" -24"
Class 150812508, 28"-72" Class 25A, 758 & 1508 & 28".
48" Class 2508) and Grade 80-55-06 (54• • 72" Class 2508),
Type 316 Stainless S1eel SeaUng Edge (3"-20" =ASTM A2.76,
24" and larger -ASTM A240)
S1: Shaft· 304 Stainless Steel, ASTM A276
Coatln.g or Paint: S30SCO -8 mils minimum (non-stainless
steel parts) of Blue DeZURIK Epoxy on Interior and Standard
(SP1 0) surface prep AND 8 mils minimum (non-stainless steel
parts) of Blue DeZURIK Epoxy on Exterior and Standard
(SP1 0) surface prep
MB-7-N-450: Actuator Type-M·Series Buriabte Scotch Yoke
with 450 Ft Lb Input Stops and 2 Inch Square Nut Operator
X: Accessories -SB 16 Bolting
4 2 36" Ranged Butterfly Valve w/ Manual Handwheel Actuator
BAW,36,F1,CI,EPDN-EPDM,150B,DI-S1,S30SCO*LAS-1 0-
HD24
BAW: Style-DeZURIK AWWA C504 Rubber-Seated Butterfly
Valve
36: Size-36 Inch
F1: End Connection-Ranged, Drilled to ANSI 816.1 Class
125/150
Cl: Body Material -Cast Iron, ASTM A 126 Class B
EPDN: Packing-EPDM (Terpolymer of Ethylene Propylene
and a Diane), Self-Adjusting Multiple V-Ring; -20 to 290°F (-
29to 143•C)
EPDM: Seat Material-EPDM (Terpolymer of Ethylene
Propylene and a Dlene); -20 to 290"F (-29 to 143°C)
1508: Service Class -AWWA Class 1508
01: Disc -Ductile Iron, ASTM A536 Grade 65·45-12 (3"-24"
Class 150812508, 28K-72" Class 25A, 75B & 1508 & 28" -
48" Class 2508) and Grade 80-55-06 (54"-72" Class 2508),
Type 316 Stainless Steel Seating Edge (3"-20" =ASTM A276,
24 • and larger -ASTM A240)
S1 : ShaH-304 Stainless Steel, ASTM A276
Coating or Paint: S30SCO - 8 mils minimum (non-stainless
steel parts) of Blue DeZURIK Epoxy on Interior and Standard
(SP1 0) surface prep AND 8 mils mini mum (non-stainless steel
parts) of Blue DeZURIK Epoxy on Exterior and Standard
{SP1 0) surface prep
LAS.1 o-HD24: Actuator Type -LA-Series Link Arm with
Handwheel Operator
Total $58,401.00 I Valves tor HS #'s 4, 5 and 6 10/2112015
page 2 of2
Nameplate information:
Part# 9658858R001,
Serial# 951719-3, BAW,24,F1,CI, EPDN-EPDM, 150B, DI-S1*MB-7-N-450,SB16
www.dezurik.com DeZURIK
Quotation
To:Dirk Leidecker Date of Quote:March 13, 2014
City of Denton Quote:D03131401BF
Water Production Plant
1701 B Spencer Road Proposal:20" 250B Butterfly Valve
Denton, Texas 76205
Industry:4941 - Water Treatment
Terms:Net 30 Days
Mail Order To:DeZURIK-APCO
FOB:Factory - Freight Included to Denton C/O Hugh M. Cunningham, Inc.
2029 Westgate Drive, Suite 120
Valid For:30 Days Dallas, Texas 75006
Phone 888-647-6585
Delivery:Will Advise Fax 972-852-3479
Brad Feldman
Currency and Values expressed in USD ($)
Item / Tag #Qty Order Code Unit Price ($) ($) ($) ($) ($) ($) ($) ($)
($)
Total Price ($) ($) ($) ($) ($) ($) ($) ($)
($)
1 1 20" Flanged 250B Butterfly Valve w/ Open-Close Electric Motor
Operator
9,466.08 9,466.08
BAW,20,F2,DI,EPDN-EPDM,250B,DI-S5*X Modified
BAW Style: AWWA Butterfly Valve
20 Size: 20 Inch
F2 End Connection: Flanged Drilling; ANSI 250
DI Body Material: Ductile Iron
EPDN Packing: EPDM; Self Adjusting; -20 to 290° F. (-29 to 143° C.)
EPDM Seat Material: Terpolymer Of Ethylene Propylene and A Diene; -20 to
290° F. (-29 to 143° C.)
250B Service Class: AWWA Class 250B
DI Disc: Ductile Iron with 316 Stainless Steel Edge
S5 Shaft: 17-4PH Stainless Steel
X Act Type: Specified in Modifier Below
Modification 1: Auma SA10.2/GS1003/ACO1.2 240V/3PH O-C EMO
Operating Time: 60 Seconds
ANY PURCHASE ORDER ISSUED AS A RESULT OF THIS QUOTATION IS SUBJECT TO ALL OF THE MANUFACTURER'S CONDITIONS, REASONABLE CONTRACT LANGUAGE NEGOTIATIONS AND FINAL
ACCEPTANCE BY DEZURIK AT SARTELL, MN USA
Copy of Cunningham 20 inch Valve and Auma Page 1 of 1 4/16/2019