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Above The Headwaters: Rivers, streams (including applicable legal <br />t s) and their adjacent lakes and wetlands are located above <br />the headwaters if the streams have flows of less than 5 cubic feet <br />per second. See Figure A, Headwaters Criteria, for a map showing <br />the area needed to generate this flow in each county. <br />Isolated Waters: Lakes and wetlands that are not drained by a <br />surface tributary system to interstate waters. <br />Case II b - The Nationwide Permit applies for stream crossings, where <br />less than 200 cu. yds. of fill (including earth, riprap, poured concrete, <br />et al.) are being placed below the Plane of Ordinary Hghwater, and the <br />fill does not extend wre than 100 feet into a wetland that is beyond <br />the Ordinary Hi ter Mark). In this case, give the estimated amount <br />of fill and tell how far into wetlands the fill will extend (if there is <br />no wetland involvement, say so). Then make a statement that the Nationwide <br />Permit applies. Reference: Attached Federal Register § 330.5 a (14). <br />Also see (*) below. <br />The Plane of Ordinary Highwater is delineated by the Ordinary High- <br />water Mark which is the vegetation line along a waterbody. <br />Case II c The Nationwide Permit applies where 10 cu. yds. or less of <br />fill is being placed into a waterbody other than a wetland for a purpose <br />other than stream diversion. Mention the cu. yds. of fill being placed <br />and that this is 10 cu. yds. or less; that the purpose of the work is <br />not stream diversions, that no fill is being placed into a wetland, and <br />that the Nationwide Permit applies. Reference: Attached Federal <br />Register § 330.5 a (18). Also see (*) below. <br />Case II d - Nationwide Permit: Where there is'.a:ehannel change orimore <br />than one: acre of ,wetill:and .encroachment early coordination with the <br />U.5: FishL& Wildlife Service is recommended. Where the early coordination <br />has resulted in Fish & Wildlife concurrence in the proposed work, the <br />COE will often determine that the NI+J1' applies and an individual Permit <br />will not be required. The NWP may also apply where you have early concur- <br />rence from the federal agencies. If this is the case, describe the <br />situation, mention that the COE have deterudned that the NWP applies <br />and attach their letter to that effect. Reference: Attached Federal <br />Register § 330.5 a (23). Also see (*) below. <br />Case II e - Nationwide Permit - In cases where an individual Permit has <br />been applied for and the COE has responded that the NWP applies, mention <br />this and attach a copy of their letter to this effect. Also see (*) <br />below. <br />(%r) For all Nationwide Permit cases, state whether or not <br />the fill will: <br />(1) be in the proximity of a public water supply intake; <br />(2) jeopardize a threatened or endangered species; <br />(3) include any toxic pollutants; and <br />(4) adversely affect any historic place. <br />