e) Outfall structures and associated intake structures where the effluent
from that outfall has been permitted under the NPDES program providing that the
individual and cumulative adverse environmental effects of the structure itself are
minimal. (Intake structures by themselves are not included--only those directly
associated with an outfall structure are covered by this nationwide permit.)
f) The discharges of material for backfill and bedding for utility lines
and outfall and intake structures if no change in preconstruction bottom contours occur
and excess material is removed to an upland site. ("Utility line" includes pipelines,
not include Section 10 authorization, and an individual Section 10 permit will be
required if in navigable waters of the United States.)
g) Bank stabilization activities for erosion control if less than 500 feet
long and involving less than 1 cubic yard per running foot of bank. Furthermore, no
material can be placed in a wetland, water flows into and out of wetlands cannot be
impaired, the material must be "clean fill," and the activity must be a single and
h) Temporary and permanent minor road crossing fills of a non-tidal body of
water if designed so that the crossing can withstand expected high flows of surface
water and will not restrict such flows. Discharge of material must total less than 200
cubic yards below ordinary high water mark and extend into adjacent wetlands no more
than 100 feet from the ordinary high water mark on either side. (If located in a
navigable water of the United States, the crossing will require a permit from the US
i) The placement of fill incidental to the construction of bridges across
navigable waters of the United States if the fill has been authorized by the US Coast
Guard as part of the bridge permit. Causeways and approach fills are not included and
will require individual or regional permits.
j) Return water from a contained dredged material disposal area if the
state has issued a Section 401 water quality certification. (The dredging itself
requires an individual permit if it occurs in navigable waters of the United States.)
k) Fill material for small hydroelectric projects of not more than 1,500 kW
which are licensed by the Department of Energy (DOE) under the Federal Power Act. The
project must qualify for the short-form Federal Energy Regulatory Commission (FERC)
licensing procedures of DOE and the adverse environmental effects must be minimal.
l) Discharges of dredged or fill material of 10 cubic yards or less into
waters of the United States if no material is placed in a wetland.
m) Dredging of 10 cubic yards or less from navigable waters of the United
States as part of a single and complete project.
n) Structures, work, and discharges authorized by the Department of the
Interior, Office of Surface Mining for surface coal mining if the District Engineer has
had the opportunity to review the application and other pertinent documentation, and he
determines that the individual and cumulative adverse effects are minimal.
o) Activities, work, and discharges included under categorical exclusions
from environmental documentation by other federal agencies if the Office of the Chief of
Engineers has been notified of the exclusion and agrees with it.
p) Any activity authorized by a state administered dredge and fill permit
program approved by the Corps of Engineers.
q) The discharge of concrete into tightly sealed forms or cells where the
concrete is used as a structural member which would otherwise not be subject to the
jurisdiction of the CWA.