Section 404 Permit. (Required by the US Army Corps of Engineers if your project will discharge or excavate any dredged or fill material waterward of the Ordinary High Water mark or the Mean Higher High Tide Line in tidal areas.) 5.
Section 404 Permit. It is not anticipated that this project will need to obtain a Section 404 Clean Water Act permit for dredge and fill of jurisdictional waters of the US. However, a Nationwide Permit is anticipated. This work will include related tasks necessary to complete the permit, including a wetland mitigation plan, wetland delineation, and compliance with the US Endangered Species Act.
Section 404 Permit. The outcome of the wetland delineation on Buzzy’s Ranch will determine the type of permit required by the ACOE. If wetlands and other WOUS will be crossed by the trail and impacts are over 1/10th of an acre but less than ½ of an acre, then RCI will prepare a Pre-Construction Notification (PCN) for project authorization under NWP #14. The submittal will include a site plan, detailed project description, estimates of impacts to WOUS, discussion of BMPs and impact minimization measures, and pre•construction photos. The ACOE district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” According to the ACOE published information, compensatory mitigation is required for all activities in which the impacts to the aquatic resources have been avoided and minimized to the maximum extent practicable, but would still result in unavoidable adverse effects. The PCN requires a description of the Proposed Compensatory Mitigation related to fill/excavation and dredge activities includes acres and linear feet (where appropriate) the total quantity of WOUS proposed to be created, restored, enhanced and/or preserved for purposes of providing compensatory mitigation. The water body type (wetland, riparian wetland, ephemeral stream/river, intermittent stream/river, perennial stream/river, pond/lake, vegetated shallows, etc.) or non-jurisdictional (uplands). The mitigation type may be permittee-responsible on-site/off-site, mitigation bank, or in-lieu fee program. For the purposes of the project budget we have assumed a Nation Wide permit #14 and 401 Certification will be required.
