HomeMy Public PortalAboutNationwide PermitNATIONWIDE PERMIT 42
Recreational Facilities. Discharges of dredged or fill material into non-tidal waters of
the US, excluding non-tidal wetlands adjacent to tidal waters, for the construction or
expansion of recreational facilities, provided the activity meets all of the following criteria:
a. The discharge does not cause the loss of greater than 1/2-acre of non-tidal
waters of the US, excluding non-tidal wetlands adjacent to tidal waters;
The discharge does not cause the loss of greater than 300 linear-feet of a
stream bed, unless for intermittent stream beds this criterion is waived in
writing pursuant to a determination by the District Engineer, as specified below,
that the project complies with all terms and conditions of this NWP and that
any adverse impacts of the project on the aquatic environment are minimal,
both individually and cumulatively;
The permittee notifies the District Engineer in accordance with the
"Notification" General Condition 13 for discharges exceeding 300 linear feet of
impact of intermittent stream beds. In such cases, to be authorized the District
Engineer must determine that the activity complies with the other terms and
conditions of the NWP, determine the adverse environmental effects are
minimal both individually and cumulatively, and waive this limitation in writing
before the permittee may proceed;
For discharges causing the loss of greater than 1/10-acre of non-tidal waters of
the US, the permittee notifies the District Engineer in accordance with General
Condition 13;
e. For discharges in special aquatic sites, including wetlands, the notification must
include a delineation of affected special aquatic sites;
f. The discharge is part of a single and complete project; and
Compensatory mitigation will normally be required to offset the losses of
waters of the US. The notification must also include a compensatory mitigation
proposal to offset authorized losses of waters of the US.
For the purposes of this NWP, the term "recreational facility" is defined as a
recreational activity that is integrated into the natural landscape and does not
substantially change preconstruction grades or deviate from natural landscape contours.
For the purpose of this permit, the primary function of recreational facilities does not
include the use of motor vehicles, buildings, or impervious surfaces. Examples of
recreational facilities that may be authorized by this NWP include hiking trails, bike paths,
horse paths, nature centers, and campgrounds (excluding trailer parks). This NWP may
authorize the
construction or expansion of golf courses and the expansion of ski areas, provided the
golf course or ski area does not substantially deviate from natural landscape contours.
Additionally, these activities are designed to minimize adverse effects to waters of the US
and riparian areas through the use of such practices as integrated pest management,
adequate stormwater management facilities, vegetated buffers, reduced fertilizer use, etc.
The facility must have adequate water quality measures in accordance with General
Condition 9, such as a stormwater management facility, to ensure that the recreational
facility results in no substantial adverse effects to water quality. This NWP also
authorizes the construction or expansion of small support facilities, such as maintenance
and storage buildings and stables that are directly related to the recreational activity. This
NWP does not authorize other buildings, such as hotels, restaurants, etc. The
construction or expansion of playing fields (e.g., baseball, soccer, or football fields),
basketball and tennis courts, racetracks, stadiums, arenas, and the construction of new
ski
areas are not authorized by this NWP. (Section 404)
Regional Conditions
This NWP may not be used for discharges into forested wetlands, peatlands, vernal
pools, playa lakes, kettles, prairie potholes or in wetlands identified in Idaho
Department of Fish and Game's Wetland Conservation Strategy as Class I, Class II,
reference and habitat sites.
Projects may not create fish migration barriers. Intake structures must be designed
and maintained to prevent fish entry. Construction must be scheduled to avoid
native fish spawning, rearing and migration periods, unless Idaho Department of
Fish and Game approval is submitted to the Corps and the Corps determines it is
not practicable to avoid these periods (Modifies General Conditions 4 and 20).
Disturbed areas must be replanted and stabilized with native vegetation.
Vegetation shall be maintained to establish a vegetative root mass to minimize
erosion and resultant sediment defivery to the aquatic environment. Avoid
disturbing wetland and riparian vegetation, where possible. Non-biodegradable
materials, such as plastic netting, that may entrap wildlife or pose a safety concern
may not be used for soil stabilization. When riprap is used, it should incorporate
bioengineering techniques such as root wads and vegetation for wildlife, unless the
Corps determines it is not practicable. (Modifies General Condition 3).
Water Quality Certification - Issued with the fo/lowing conditions:
Water Quafity Certification (WQC) is denied for projects located on 303 (d) listed
stream segments. Projects located on these stream segments will require individual
WQC from DEQ. The website for 303 (d) listed waters in the state of Idaho is:
http://www2, state, id. us/deq/water/1998_303d/303dlist, pdf
Water Quafity Certification (WQC) is denied for projects located in bull trout
habitat. Projects in bull trout habitat will require individual WQC from DEQ. The
website for bull trout habitat in Idaho is:
http ://query. streamnet, org/Request, cfm?crud = BuildQuery &NewQuery = BuildCriteri
a&Required = Species&DataCategory = 102&Species = 14&State = 3& Count = 25
Individual water quafity certification from Idaho Department of Environmental
Quality (DEQ) is required for projects conducted under NWP 42 for the following
a c tivitie s:
Discharges into lakes, rivers and streams (except for road crossings) forested
wetlands, peatlands, vernal pools, playa lakes, kettles, prairie potholes or in
wetlands identified in Idaho Department of Fish and Game's Wetland
Conservation Strategy as Class I, Class II, reference and habitat sites.
b. Support facilities for recreational activities that exceed 1000 square feet in
waters of the United States.
c. Projects that involve the loss of more than 300 linear feet along a stream or
waterbody or the loss of greater than 1/2 acre of waters of the United States.
In-stream projects may not create fish migration barriers. Intake structures for
stream diversions must be designed to prevent fish entry. Construction must be
scheduled to avoid spawning, rearing and migration periods.
5. Disturbed areas must be replanted with native vegetation and stabilized until
vegetative root mass can become established to minimize erosion and resultant
sediment delivery to the aquatic environment. Avoid disturbing wetland and
riparian vegetation, where possible. Non-biodegradable materials, such as plastic
netting, that may entrap wildlife or pose a safety concern may not be used for soil
stabilization. When riprap is used, it should incorporate bioengineering techniques
using root wads and vegetation for wildlife or applicant must submit a statement
why vegetation cannot be planted.
General Conditions. General Conditions 10, 13, 17, 25, and 26 are abbreviated. A
complete set of Nationwide Permit General Conditions and definitions is located on our
Internet homepage at www. nww. usace, army. mil/html/offices/op/rf/rfhome, htm.
The following General Conditions must be followed in order for any authorization by an
NWP to be valid:
Navigation. No activity may cause more than a m/n/ma/adverse effect on
navigation.
Proper Maintenance. Any structure or fill authorized shall be properly maintained,
including maintenance to ensure public safety.
Soil Erosion and Sediment Controls. Appropriate so//eros/on and sediment controls
must be used and maintained in effective operating condition during construction,
and afl exposed so//and other fi/is, as we//as any work be/ow the ordinary high
water mark or high t/de//ne, must be permanently stabilized at the earliest
practicable date. Perm/trees are encouraged to perform work within waters of the
Un/ted States during per/ods of/ow-f/ow or no-f/ow.
4. 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. Culverts placed in streams must be installed
to maintain low flow conditions.
Equipment. Heavy equipment working/n wetlands must be p/aced on mats, or
other measures must be taken to minimize so//disturbance.
Regional and Case-By-Case Conditions. The activity must comply with any
regional conditions that may have been added by the D/v/s/on Engineer (see 33 CFR
330.4(e)) and w/th any case specific conditions added by the Corps or by the state
or tribe/n/ts Sect/on 401 Water Quality Certification and Coastal Zone
Management Act consistency determination.
Wild and Scenic Rivers. No activity may occur/n a component of the National Wild
and Scenic River System; or/n a river off/c/ally designated by Congress as a "study
river" for possible/nc/us/on/n the system, while the river/s/n an off/c/al study
status; un/ess the appropriate Federal agency, w/th direct management
responsibility for such river, has determined/n writing that the proposed activity
w/Il not adversely affect the Wild and Scenic River des/gnat/on, or study status.
information on W/Id and Scenic Rivers may be obtained from the appropriate
Federal/and management agency/n the area (e.g., National Park Service, U.S.
Forest Service, Bureau of Land Management, U.S. Fish and W#d//fe Service).
Tribal Rights. No activity or/ts operation may impair reserved tribal rights,
including, but not I/m/ted to, reserved water rights and treaty fishing and hunting
rights.
Water Quality.
a. /n certain states and tribal/ands an individual 401 Water Quafity Certification
must be obtained or waived (See 33 CFR 330.4(c)).
For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or
tribal 401 certification (either generically or individually) does not require or
approve water quafity management measures, the permittee must provide
water quality management measures that wi//ensure that the authorized work
does not result in more than minimal degradation of water quality (or the Corps
determines that compliance with state or local standards, where applicable, will
ensure no more than minimal adverse effect on water quafity). An important
component of water quality management includes stormwater management
that minimizes degradation of the downstream aquatic system, including water
quafity (refer to General Condition 21 for stormwater management
requirements). Another important component of water quality management is
the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer
requirements for the NWPs).
This condition is only applicable to projects that have the potential to affect water
quality. While appropriate measures must be taken, in most cases it is not necessary to
conduct detailed studies to identify such measures or to require monitoring.
10. Coastal Zone Management. Does not apply/n Idaho.
11.
Endangered Species.
a. No activity/s authorized under any NWP which/s likely to jeopardize the
continued existence of a threatened or endangered species or a spec/es
proposed for such des/gnat/on, as/dent/f/ed under the Federal Endangered
Spec/es Act (ESA), or which w/Il destroy or adversely mod/fy the critical
habitat of such spec/es. Non-federal perm/trees shall not/fy the D/strict
Engineer/f any listed spec/es or designated critical habitat might be affected or
/s /n the vicinity of the project, or/s located/n the designated critical habitat
and shall not begin work on the activity until not/f/ed by the D/strict Engineer
that the requirements of the ESA have been satisfied and that the activity/s
author/zed. For act/v/t/es that may affect Federally-listed endangered or
threatened spec/es or designated critical habitat, the not/f/cat/on must include
the name(s) of the endangered or threatened spec/es that may be affected by
the proposed work or that utilize the designated critical habitat that may be
affected by the proposed work. As a result of formal or informal consultation
w/th the FWS or NMFS the District Engineer may add spec/es-specific regional
endangered spec/es conditions to the NWPs.
Authorization of an activity by a 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 USFWS or the NMFS, both
lethal and non-lethal "takes" of protected species are in violation of the ESA.
Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the USFWS and
NMFS or their world wide web pages at
h ttp ://www. fws. go v/r9endspp/endspp, h tml and
h ttp ://www. n fins. noss. go vip ro t_res/o vervie w/es. h tml respectively.
12.
Historic Properties. No activity which may affect historic properties listed, or
eligible for l/sting, /n the National Register of Historic P/aces/s author/zed, until the
D/strict Engineer has compiled w/th the provisions of 33 CFR part 325, Appendix
C. The prospective perm/tree must not/fy the D/strict Engineer/f the author/zed
activity may affect any historic properties listed, determined to be eligible, or which
the prospect/ye perm/tree has reason to believe may be eligible for l/sting on the
National Register of Historic P/aces, and shall not begin the activity until not/f/ed by
the D/strict Engineer that the requirements of the National Historic Preservation Act
have been satisfied and that the activity/s author/zed. Information on the location
and existence of historic resources can be obtained from the State Historic
Preservation Off/ce and the National Register of Historic P/aces (see 33 CFR
330.4(g)). For act/v/t/es that may affect historic properties listed in, or eligible for
l/sting in, the National Register of Historic P/aces, the not/f/cat/on must state which
historic property may be affected by the proposed work or include a vicinity map
indicating the location of the historic property.
13. Notification. This genera/condition is sat/stied.
14.
Compliance Certification. Every permittee who has received NWP verification from
the Corps will submit a signed certification regarding the completed work and any
required m/t/gat/on. The certification w/Ii be forwarded by the Corps w/th the
authorization letter and will include:
a. A statement that the authorized work was done in accordance with the Corps
authorization, including any general or specific conditions;
b. A statement that any required mitigation was completed in accordance with
the permit conditions; and
c. The signature of the permittee certifying the completion of the work and
mitigation.
15.
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
US author/zed by the NWPs does not exceed the acreage i/mit of the NWP w/th the
highest spec/f/ed acreage i/mit (e.g. if a road crossing over t/da/waters is
constructed under NWP 14, w/th associated bank stabilization author/zed by NWP
13, the max/mum acreage loss of waters of the US for the total project cannot
exceed 1/3-acre).
16.
Water Supply Intakes. No activity, including structures and work in navigable
waters of the US or discharges of dredged or f/ii mater/a/, may occur in the
proximity of a public water supply intake except where the activity is for repair of
the public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. Does not apply in Idaho.
18.
Suitable Material. No activity, including structures and work in navigable waters of
the US or discharges of dredged or f/ii mater/a/, may cons/st of unsuitable mater/a/
(e.g., trash, debris, car bodies, asphalt, etc.) and mater/a/used for construct/on or
discharged must be free from toxic pollutants in toxic amounts (see sect/on 307 of
the CWA).
19.
Mitigation. The D/strict Engineer will consider the factors discussed below when
determining the acceptability of appropriate and practicable mitigation necessary to
offset adverse effects on the aquatic environment that are more than m/n/ma/.
The project must be designed and constructed to avoid and minimize adverse
effects to waters of the US to the maximum extent practicable at the project
site i.e., on site).
b. Mitigation in all its forms (avoiding, minim/zing, rectifying, reducing or
compensating) will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland impacts requiring a PCN, unless the District Engineer determines in
writing that some other form of mitigation would be more environmentally
appropriate and provides a project-specific waiver of this requirement.
Consistent with National policy, the District Engineer will establish a preference
for restoration of wetlands as compensatory mitigation, with preservation used
only in exceptional circumstances.
Compensatory mitigation (i. e., replacement or substitution of aquatic resources
for those impacted) will not be used to increase the acreage losses allowed by
the acreage limits of some of the NWPs. For example, 1/4-acre of wetlands
cannot be created to change a 3/4-acre loss of wetlands to a 1/2-acre loss
associated with NWP 39 verification. However, 1/2-acre of created wetlands
can be used to reduce the impacts of a 1/2-acre loss of wetlands to the
minimum impact level in order to meet the minimal impact requirement
associated with NWPs.
To be practicable, the mitigation must be available and capable of being done
considering costs, existing technology, and logistics in light of the overall
project purposes. Examples of mitigation that may be appropriate and
practicable include, but are not limited to: reducing the size of the project;
establishing and maintaining wetland or upland vegetated buffers to protect
open waters such as streams; and replacing losses of aquatic resource
functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferably in the same watershed.
Compensatory mitigation plans for projects in or near streams or other open
waters will normally include a requirement for the establishment, maintenance,
and legal protection (e.g., easements, deed restrictions) of vegetated buffers to
open waters. In many cases, vegetated buffers will be the only compensatory
mitigation required. Vegetated buffers should consist of native species. The
width of the vegetated buffers required will address documented water quality
or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to
50 feet wide on each side of the stream, but the District Engineers may require
slightly wider vegetated buffers to address documented water quality or habitat
loss concerns. Where both wetlands and open waters exist on the project site,
the Corps will determine the appropriate compensatory mitigation (e.g., stream
buffers or wetlands compensation) based on what is best for the aquatic
environment on a watershed basis. In cases where vegetated buffers are
determined to be the most appropriate form of compensatory mitigation, the
District Engineer may waive or reduce the requirement to provide wetland
compensatory mitigation for wetland impacts.
Compensatory mitigation proposals submitted with the "notification" may be
either conceptual or detailed. If conceptual plans are approved under the
verification, then the Corps will condition the verification to require detailed
plans be submitted and approved by the Corps prior to construction of the
authorized activity in waters of the US.
Permittees may propose the use of mitigation banks, in-lieu fee arrangements
or separate activity-specific compensatory mitigation. In all cases that require
compensatory mitigation, the mitigation provisions will specify the party
responsible for accomplishing and/or complying with the mitigation plan.
20.
Spawning Areas. Act/v/ties, including structures and work in navigable waters of
the US or discharges of dredged or fill mater/a/, in spawning areas during spawning
seasons must be avoided to the max/mum extent practicable. Act/v/t/es that result
in the physical destruction (e.g., excavate, fill, or smother downstream by
substantial turbidity) of an important spawning area are not author/zed.
21.
Management of Water Flows. To the maximum extent practicable, the activity
must be designed to maintain preconstruction downstream f/ow conditions (e.g.,
location, capacity, and f/ow rates). Furthermore, the activity must not permanently
restrict or impede the passage of normal or expected high flows (un/ess the pr/mary
purpose of the fill is to impound waters) and the structure or discharge of dredged
or fill mater/a/must withstand expected high flows. The activity must, to the
max/mum extent practicable, provide for retaining excess flows from the site,
provide for maintaining surface f/ow rates from the site similar to preconstruction
conditions, and provide for not increasing water flows from the project site,
relocating water, or redirecting water f/ow beyond preconstruction conditions.
Stream channel/zing will be reduced to the m/n/ma/amount necessary, and the
activity must, to the max/mum extent practicable, reduce adverse effects such as
flooding or eros/on downstream and upstream of the project site, un/ess the
activity is part of a larger system designed to manage water flows, in most cases,
it will not be a requirement to conduct detailed stud/es and monitoring of water
flow.
This condition is only applicable to projects that have the potential to affect
waterflows. While appropriate measures must be taken, it is not necessary to conduct
detailed studies to identify such measures or require monitoring to ensure their
effectiveness. Normally, the Corps will defer to state and local authorities regarding
management of water flow.
22.
Adverse Effects From Impoundments. If the activity creates an impoundment of
water, adverse effects to the aquatic system due to the acceleration of the passage
of water, and/or the restricting/ts f/ow shall be m/n/m/zed to the max/mum extent
practicable. This includes structures and work in navigable waters of the US, or
discharges of dredged or f/ii material.
23.
Waterfowl Breeding Areas. Act/v/ties, including structures and work in navigable
waters of the US or discharges of dredged or fill mater/a/, into breeding areas for
migratory waterfowl must be avoided to the max/mum extent practicable.
24.
Removal of Temporary Fills. Any temporary fills must be removed in their entirety
and the affected areas returned to their preexisting elevation.
25. Designated Critical Resource Waters. This general condition is sat/stied.
26. Fills Within lO0-Year Floodplains. This general condition is sat/stied.
27.
Construction Period. For act/v/ties that have not been verified by the Corps and
the project was commenced or under contract to commence by the expiration date
of the NWP (or mod/f/cat/on or revocation date), the work must be completed
within 12-months after such date (including any mod/f/cat/on that affects the
project).
For activities that have been verified and the project was commenced or under
contract to commence within the verification period, the work must be completed by the
date determined by the Corps.
For projects that have been verified by the Corps, an extension of a Corps approved
completion date maybe requested. This request must be submitted at least one month
before the previously approved completion date.
MODIFICATIONS TO NWP GENERAL CONDITIONS:
1. Miti,qation. Project m/t/gat/on plans must include:
a. A statement detailing why the discharge must occur in waters of the United States,
how the project has been designed to minimize impacts and why additional avoidance or
minimization cannot be achieved.
b. Provisions for permanent protection of the mitigation site through use of
conservation easements, deed restrictions, protective covenants, land trusts or other
means of long-term preservation. Mitigation wetlands must be designed to be self-
sustaining. Long-term protection shall specify how the mitigation site shall be managed.
For instance, whether grazing, mowing, burning, spraying, cutting of vegetation, or other
type of management that could reduce wetland functions and values is allowed.
c. A //st of performance criteria for determining m/t/gat/on success (for example, the
dominant p/ant spec/es//st, acreage of each habitat type to be created, source of
hydrology, m/t/gat/on concurrent w/th project construct/on, method to control/nvas/ve
spec/es, etc.) R/par/an zones should be rep/anted w/th native vegetation and maintained.
M/t/gat/on success will, generally, be achieved when the m/t/gat/on wet/ands meet the
wet/and criteria in the 1987 Wet/and Delineation Manual and 80 percent of the m/t/gat/on
areas are covered w/th native vegetation for 2 consecutive years, within 4 years after
construct/on. /nvas/ve spec/es must be controlled, as practicable, and a contingency p/an
must be/dent/f/ed (Mod/f/es Genera/Condition 19).
d. A monitoring p/an for the mit/gat/on site, based on the performance criteria, until
m/t/gat/on is successful.
2. Endangered Species. Non-federal applicants must contact either their local Idaho
Department of Fish and Game or the U.S. Fish and Wildlife Service to determine if any
listed species or designated critical habitat might be in the vicinity of their project. To
contact U.S. Fish and Wildlife Service in Bonner, Boundary, Kootenai, Shoshone,
Benewah and Latah Counties, contact Mr. Rick Donaldson at 509-893-8009, e-mail
rick donaldson~fws.~ov. To contact U.S. Fish and Wildlife Service for other counties in
Idaho, contact Ms. Carol Wanstrom at 208-378-5388, or by e-mail
carol_wanstrom~fws, gov. Applicants must notify the District Engineer of their finding
(Modifies General Condition 11).
3. Historic Properties. Applicants must contact the Idaho State Historic Preservation
Office (SHPO) at 208-334-3847 to determine if their project may affect historic properties
listed in the National Register of Historic Places (allow 30-90 days), and notify the District
Engineer according to General Condition 12 if SHPO advises them their activity may
affect historic properties (Modifies General Condition 12).
4. Temporary Fills. Temporary fills must be entirely removed from waters of the United
States when they are no longer needed for the project. Where practicable, permanent
disposal of temporary fills must be outside the l O0-year floodplain. Temporary stockpiles
may not be placed so a berm or levee is formed parallel to the stream that could confine
flows and restrict overbank flow access to the floodplain (Modifies General Condition 24).
5. Avian Breeding Areas. Nationwide Permits do not obviate the requirement to comply
with the Migratory Bird Treaty Act. This act prohibits individuals, government agencies,
or corporations from taking a migratory bird, whether the taking is intentionaI or
unintentional. U.S. Fish and Wildlife Service is the primary Federal agency responsible for
the conservation and management of migratory bird resources. Applicants should contact
Mr. Rick Donaldson at 509-893-8009, e-mail rick_donaldson@fws, gov. for additional
information.
REGIONAL DEFINITIONS
1. Forested wetlands: Wetlands characterized by woody vegetation that is 6 meters tall
or taller. They are located where moisture is relatively abundant, particularly along rivers
and in the mountains and normally possess an overstory of trees and an understory of
young trees or shrubs and a herbaceous layer. Reference: Classification of Wetlands and
Deepwater Habitats of the United States, Mr. Lewis M. Cowardin, Office of Biological
Services, Fish and Wildlife Service, 1979.
2. High value wetlands: Forested wetlands, peatlands, vernal pools, playa lakes, kettles,
prairie potholes, and Class I, Class II, reference, and habitat sites identified in Wetland
Conservation Strategies prepared by the Idaho Department of Fish and Game,
Conservation Data Center.
3. Invasive species: Species of plants that are not native to an area and whose
establishment is likely to cause economic or environmental harm or harm to human
health.
4. Kettle: A steep sided, usually basin or bowl shaped hole or depression, commonly
without surface drainage, in glacial drift deposits, often containing a lake or swamp.
Reference: Bates, Robert L. and Jackson, Julia A., Glossary of Geoloqv, American
Geological Institute, Falls Church, 1980.
5. Native species: Species that historically occur in a particular ecosystem, and are not
in troduced.
6. Peatland: Any waterlogged area containing an accumulation of peat 30 centimeters or
more thick. Any type of peat-covered terrain, including fens and bogs. Peat is organic
matter (the dead remains of plants) deposited under water soaked conditions as a result
of incomplete decomposition.
7. Playa: Shallow, intermittent ephemeral wet depression or lake in the lowest part of an
undrained basin that usually dries up in summer and leaves an unvegetated flat. Playas
often are underlain by stratified layers of clay, silt, sand and soluble salts and are usually
located in arid or semi-arid regions.
8. Prairie Pothole: Closed, shallow to medium deep, bowl-shaped depression in areas
typically dominated by grassland vegetation. Surface water can be missing in some
shallow depressions during years of drought. Plant communities tend to be dominated by
perennial rather than annual plants.
9. Vernal Pool: Shallow, intermittently flooded wet meadow, generally dry for most of
the summer and fall.
Further Information
District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
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.