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41256 Federal Register / Vol. 51. No. 219 / Thursday. November 13. 1986 / Rules and ResMations (141 Minor road crossing fills includtrg all attendant features. both temporary and permanent. that are part of a single and complete project for crossing of a non -tidal waterbody, provided that the crossing is culverted. bridged or otherwise designed to prevent the restriction of. and to withstand. expected high flows and provided further that discharges into any wetlands adjacent to the waterbody do not extend beyond 100 feet on either side of the ordinary high water mark of that waterbody. A "minor road crossing fill" is defined as a crossing that involves the discharge of less than 200 cubic yards of fill material below the plane of ordinary high water. The crossing may require a permit from the US Coast Guard if located in navigable waters of the United States. Scme road fills may be eligible for an exemption from the need for a Section 404 permit altogether (see 33 CFR 323.4). District engineers are authorized, where local circumstances indicate the need, to define the term "expected high flows" for the purpose of establishing applicability of this nationwide permit. (Sections 10 and 404) (15) Discharges of dredged or fill material incidental to the construction of bridges across navigable waters of the United tes, including cofferdams, abutme.. foundation seals, piers, and temporary construction and access fills provided such discharge has been authorized by the US Coast Guard as part of the bridge permit. Causeways and approach fills are not included in this nationwide permit and will require an individual or regional Section 404 permit. (Section 404) (16) Return water from an upland, contained dredged material disposal area (see 33 CFR 323.2(d)) provided the state has issued a site specific or generic certtfirat!on under section 401 of the Clean Water Act (see also 33 CFR 325.2(b)(1)). The dredging itself requires a Section 10 permit if located in navigable waters of the United States. The return water or runoff from a contained disposal area is administratively defined as a discharge cf dredged material by 33 CFR 323.2(d) aven though the disposal itself occurs on the upland and thus does not require a section 404 permit. This nationwide permit satisfies the technical requirement for a section 404 permit for the return water where the quality of the return waver is controlled by the state through the section 401 certification procedures. (Section 404) (17) Fills associated with small hydropower projects at existing reservoirs where the project which includes the fill is licensed by the Federal Energy Regulatory Commission (FERC) under the Federal Power Act of 1920. as amended; has a total generating capacity of not more than 1500 kw (2.000 horsepower); qualifies for the short -form licensing procedures of the FERC (see 18 CFR 4.ti1); and the district or division engineer makes a determination that the individual and cumulative adverse effects on the environment are minimal in accordance with § 30.7 (c)(2) and (d). (Section 404) (18) Discharges of dredged or fill material into all waters of the United States other than wetlands that do not exceed ten cubic, yards as part of a single and complete project provided the material is not placed for the purpose of stream diversion. (Sections 10 and 404) (19) Dredging of no more than ten cubic yards from navigable waters of the United States as part of a single ind complete project. This permit does ni t authorize the connection of canals of other artificial waterways to navigable waters of the United States (see Section 33 CFR 322.5(g)). (Section 10) (20) Structures, work, and discharges for the containment and cleanup of oil and hazardous substances which are subject to the National Oil and Hazardous Substances Pollution Contingency Plan, (40 CFR Part 300), provided the Regional Response Team which is activated under the Plan concurs with the proposed containment and cleanup action. (Sections 10 and 404) (21) Structures, work, discharge-3 associated with surface coal mining activities provided they were authorized by the Department of the Interior, Office of Surface Mining, or by states with approved programs under Title V of the Surface Mining Control and Reclamation Act of 1977; the appropriate district engineer is given the opportunity to review the Title V permit application and all relevant Office of Surface Mining or state (as the case may be) documentation prior to any decision on that application; and the district or division engineer makes a determination that the individual and cumulative adverse effects on the environment from such structures, work, or discharges are minimal in accordance with §§ 330.7 (c) (2) and (3) and (d). (Sections 10 and 404) (22) Minor work, fills, or temporary structures required for the removal of wrecked, abandoned, or disabled vessels, or the removal of man-made obstructions to navigation. This permit does not authorize maintenance dredging, shoal removal, or river bank snagging. (Sections 10 and 404) (23) Activities. work. and discharges undertaken. assisted, authorized. regulated. funded. or financed. in whole or in part, by another federal agency or department where that agency or department has determined. pursuant to the CEQ Regulation for Implementing the Procedural Provisions of the National Environmental Policy Act (40 CFR Part 1500et seq ), that the 3ctr.ity. work, or discharge is categorically excluded from environmental documentation because it is incl,.ided within a category of actions which neither individually nor cumulatively have a significant effect on the human environment. and the Office of the Chief of Engineers (ATI'N: DAEN—CWO—N) has been furnished notice of the agency's or department's application for the categorical exclusion and concurs with that determination. Prior to approval for purposes of this nationwide permit of any agency's categorical exlcusions, the Chief of Engineers will solicit comments through publication in the Federal Register. (Sections 10 and 404) (24) Any activity permitted by a state administering its own Section 404 permit program for the discharge of dredged or fill material authorized at 33 U.S.C. 1344(g)-(I) is permitted pursuant to section 10 of the Rivers and Harbors Act of 1899. Those activities which do not involve a section 404 state permit are not included in this nationwide permit but many will be exempted by section 154 of ,Pub. L. 94-587. (See 33 CFR 322.3(a)(2)). (Section 10) (25) Discharge of concrete into tightly sealed forms or cells where the concrete is used as a structural member which would not otherwise be subject to Clean Water Act jurisdiction. (Section 404) (26) Discharges of dredged or fill material into the waters listed in paragraphs (a)(26) (i) and (ii) of this section except those which cause the loss or substantial adverse modification of 10 acres or more of such waters of the United States, including wetlands. For discharges which cause the loss or substantial adverse modification of 1 to 10 acres of such waters, including wetlands, notification to the district engineer is required in accordance with section 330.7 of this section. (Section 404 ). (i) Non -tidal rivers, streams, and their lakes and impoundments, including adjacent wetlands, that are located above the headwaters. (ii) Other non ttdal,waters:of the:; United,States including adjacent'.. wetlands.�that are not'part of su' face.;' tributary system Ito'interstate"watersor,