126.96.36.199 Nationwide Permits. Discharges of dredge and fill material into the following
waters are authorized by a nationwide permit: 1) Non-tidal rivers, streams, and their
lakes and impoundments, including any adjacent wetlands, that are located above the
headwaters, and 2) Other non-tidal waters that are not part of a surface tributary
system to interstate or navigable waters.
However, a state can revoke a nationwide permit by refusing to grant the
water quality certification required by Section 401 of the CWA.
This type of nationwide permit requires compliance with the following
a) The discharge of dredge and fill material must not destroy a threatened
or endangered species as identified under the Endangered Species Act or endanger the
critical habitat of such species.
b) The discharge of dredge or fill materials must consist of suitable
material free from toxic pollutants in other than trace quantities.
c) The fill created by the discharge of dredge or fill materials must be
properly maintained to prevent erosion and other nonpoint sources of pollution.
d) The discharge of dredge or fill materials must not occur in a component
of the National Wild and Scenic Rivers System or in a component of a state wild and
scenic river system.
e) The best management practices listed later in this section should be
followed to the maximum extent practicable.
Activities Authorized by a Nationwide Permit
a) The placement of aids to navigation and regulatory markers which are
approved by and installed in accordance with the requirements of the US Coast Guard.
b) The repair, rehabilitation, or replacement of a previously authorized
facility. The facility must be currently serviceable, the work must not result in
significant deviations from the original plans, and the uses of the facility must not
have been changed. Maintenance dredging is not authorized by this nationwide permit.
c) Staff gages, tide gages, water recording devices, water quality testing
and improvement devices, and similar scientific structures.
d) Survey activities including core sampling, seismic exploratory
operations, and plugging of seismic shot holes and other exploratory-type bore holes.