Huntington NWP 12 Combined

DEPARTMENT OF THE ARMY HUNTINGTON DISTRICT, CORPS OF ENGINEERS 502 EIGHTH STREET HUNTINGTON, WEST VIRGINIA 25701-2070 REPLY TO ATTENTION OF February 17, 2017 Regulatory Division Energy Resource Branch LRH-2014-00804-OHR – Ohio River

NATIONWIDE PERMIT NO. 12 VERIFICATION

Ms. Buffy Thomason Rover Pipeline, LLC 1300 Main Street Houston, Texas 77002

Dear Ms. Thomason:

I refer to the Pre-Construction Notification (PCN) requesting a Department of the Army (DA) authorization to discharge dredged and/or fill material into waters of the United States (U.S.) in association with the operation and construction of the Rover Pipeline Project. The project is regulated by the Federal Energy Regulatory Commission (FERC) under section 7(c) of the Natural Gas Act of 2005 (Docket No. CP15-93-000); the FERC issued an Environmental Impact Statement for this project on July 29, 2016.

The Rover Pipeline Project involves facilities located within multiple districts of the U.S. Army Corps of Engineers (Corps) Great Lakes and Ohio River Division. The project corridor originates near New Milton, in Doddridge County, West Virginia and terminates near Howell, in Livingston County, Michigan. Within the Huntington District Regulatory Boundary, the project proposes work within multiple counties in West Virginia and Ohio. In West Virginia, portions of the project are located within Doddridge, Tyler and Wetzel Counties. In Ohio, portions of the project are located within Noble, Monroe, Harrison, Carroll, Tuscarawas, Stark, Wayne, Ashland, Richland, and Crawford Counties. The DA file number (LRH-2014-00804-OHR) should be referenced on all future correspondence related to this project.

The U.S. Army Corps of Engineers’ (Corps) authority to regulate waters of the U.S. is based, in part, on the definitions and limits of jurisdiction contained in 33 CFR 328 and 33 CFR 329. Section 404 of the Clean Water Act (Section 404) requires that a DA permit be obtained prior to the discharge of dredged or fill material into waters of the U.S., including wetlands. Section 10 of the Rivers and Harbors Act of 1899 (Section 10) requires that a DA permit be obtained for any work in, on, over or under a navigable water.

The project, as described in the submitted information, has been reviewed in accordance with Section 404 and Section 10. Based on your description of the work, and other information available to us, it has been determined that this project will involve activities subject to regulation under Section 10 (i.e.work beneath traditional navigable waters) and Section 404 (i.e. discharge of dredged or fill material into waters of the U.S.)

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According to the PCN materials that you have submitted, within the Huntington District Regulatory Boundary, the project will involve the construction and operation of approximately 200.5 miles of new 24-, 30-, 36- and 42-inch-diameter natural gas transmission pipeline and attendant features. The project involves the temporary discharge of dredged and/or fill material into 20,293.5 linear feet of 385 streams and 65.516 acres of 242 wetlands, at 445 separate and distant locations. The discharge or dredged and/or fill material into waters of the U.S. is described in detail within Table 1 below. As indicated in the submitted information, all temporary affected waters of the U.S. will be returned to their pre-construction conditions upon project completion.

Based on your description of the proposed work, it has been determined the proposed discharge of dredged and/or fill material into waters of the U.S. for the construction of the Rover Pipeline Project meets the criteria for authorization under Nationwide Permit (NWP) #12 under the February 21, 2012 Federal Register, Notice of Reissuance of NWPs (77 FR 10184) provided you comply with all terms and conditions of the NWPs, including the enclosed special conditions. To validate this NWP verification, 401 Water Quality Certification (WQC) or waiver must be obtained from the West Virginia Department of Environmental Protection and the Ohio Environmental Protection Agency. A copy of this NWP can be found on our website at http://www.lrh.usace.army.mil/Missions/Regulatory.aspx

Please be aware this NWP authorization does not obviate the requirement to obtain any other Federal, state or local authorizations required by law. This verification is valid until the expiration date of the NWPs, unless the NWP authorization is modified, suspended, or revoked. The verification will remain valid if the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. All of the existing NWPs are scheduled to be modified, reissued, or revoked on March 18, 2017. Prior to this date, it is not necessary to contact this office for re-verification of your project unless the plans for the proposed activity are modified. Furthermore, if you commence or under contract to commence this activity before March 18, 2017, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this NWP.

A copy of this NWP and letter has been provided to Ms. Patricia Patterson of TRC Solutions, LLC, and must be supplied to your project engineer responsible for construction activities. Upon completion of the work, the enclosed certification must be signed and returned to this office. If you have any questions concerning the above, please contact Mr. Wes Barnett at (304) 399-6905 or by email at [email protected]

Sincerely,

Teresa D. Spagna Chief, North Branch Enclosures

Nationwide Permit 12 Verification Special Conditions Rover Pipeline, LLC – Rover Pipeline Project LRH-2014-00804-OHR Page 1 of 3

1. This nationwide permit verification authorizes the temporary discharge of dredged or fill material into waters of the United States listed on the enclosed Tables 1 in conjunction with the construction of the Rover Pipeline Project, provided an individual water quality certification (or a waiver) is obtained from the both Ohio Environmental Protection Agency and the West Virginia Department of Environmental Protection. All terms and conditions of the state water quality certifications are here

2. The necessary flowage easement consent approvals must be obtained from the United States Army Corps of Engineers Real Estate Division prior to work within the identified areas (See Table 2). All work will take place in accordance with the Pre-Construction Notification (PCN), dated 20 February 2015, and subsequent Addendums, dated May 2015, February 2016, and September 2016.

3. As compensatory mitigation for the reduction of wetland functions within the Huntington District, Rover will purchase 15.94 wetland credits from the Stream+Wetlands and the North Coast Regional Council of Park Districts in-lieu fee programs. Rover must provide a copy of the finalized purchase agreements for the aforementioned credits to this office within 60 days of the date of this Nationwide permit verification and prior to any discharge of dredged and/or fill material into waters of the United States.

As compensatory mitigation for the reduction of wetland functions in West Virginia within the Huntington District, Rover will purchase 0.091 wetland credits from the West Virginia In-Lieu Fee Program. Rover must provide a copy of the finalized purchase agreements for the aforementioned credits to this office within 60 days of the date of this Nationwide permit verification and prior to any discharge of dredged and/or fill material into waters of the United States.

4. Enclosed is a copy of Nationwide Permit 12, which will be kept at the site during construction. A copy of the nationwide permit verification, special conditions, and the attached construction plans must be kept at the site during construction. The permittee will supply a copy of these documents to their project engineer responsible for construction activities.

5. Upon completion of the activity authorized by this nationwide permit verification, the enclosed certification must be signed and returned to this office along with as-built drawings showing the location and configuration, as well as all pertinent dimensions and elevations of the activity authorized under this nationwide permit verification.

6. Appropriate site specific best management practices for sediment and erosion control will be fully implemented during construction activities at the site.

Nationwide Permit 12 Verification Special Conditions Rover Pipeline, LLC – Rover Pipeline Project LRH-2014-00804-OHR Page 2 of 3

7. No area for which grading has been completed will be unseeded or unmulched for longer than 14 days. All disturbed areas will be seeded and/or revegetated with native species and approved seed mixes (where practicable) after completion of construction activities for stabilization and to help preclude the establishment of non-native invasive species.

8. The project site lies within the range of the Indiana bat (Myotis sodalis), a federally listed endangered species and the northern long-eared bat (Myotis septentrionalis), a federally listed threatened species. Several factors have contributed to the two species decline, including habitat loss, fragmentation of habitat and the disease White Nose Syndrome. During winter, the two bat species hibernate in caves and abandoned mines. Suitable summer habitat for Indiana bats and northern long-eared bats consists of a wide variety of forested/wooded habitats where they roost, forage, and travel and may also include some adjacent and interspersed non-forested habitats such as emergent wetlands and adjacent edges of agricultural fields, old fields and pastures. This includes forests and woodlots containing potential roosts (i.e., live trees and/or snags ≥3 inches diameter at breast height (dbh) that have any exfoliating bark, cracks, crevices, hollows and/or cavities), as well as linear features such as fencerows, riparian forests, and other wooded corridors. These wooded areas may be dense or loose aggregates of trees with variable amounts of canopy closure. Individual trees may be considered suitable habitat when they exhibit the characteristics of a potential roost tree and are located within 1,000 feet (305 meters) of other forested/wooded habitat.

The permittee will preserve wooded/forested habitats exhibiting any of the characteristics listed above wherever possible. Should suitable habitat be present that cannot be saved during construction activities, any trees ≥3 inches dbh will only be cut between October 1 – March 31.

9. Full implementation of the USFWS-approved Indiana Bat Conservation Plan (IBCP), dated 2 November 2016, is required as part of this NWP permit verification. All terms and conditions of the IBCP, including the adherence to the USFWS-established seasonal tree clearing restrictions in West Virginia (clearing occurring only between November 15 and March 31) are hereby incorporated as a condition to the NWP permit verification.

10. Should new information regarding the scope and/or impacts of the project become available that was not submitted to this office during our review of the proposal, the permittee will submit written information concerning proposed modification(s) to this office for review and evaluation, as soon as practicable.

11. In the event any previously unknown historic or archaeological sites or human remains are uncovered while accomplishing the activity authorized by this nationwide permit authorization, the permittee must cease all work in waters of the United States immediately and contact local, state and county law enforcement offices (only contact law enforcement on findings of human remains), the Corps at 304-399-5210, the Ohio

Nationwide Permit 12 Verification Special Conditions Rover Pipeline, LLC – Rover Pipeline Project LRH-2014-00804-OHR Page 3 of 3

State Historic Preservation Office at 614-298-2000, or the West Virginia Division of Culture and History at 304-558-2200.

The FERC will initiate the Federal, state and tribal coordination required to comply with the National Historic Preservation Act and applicable state and local laws and regulations. Federally recognized tribes are afforded a government-to-government status as sovereign nations and consultation is required under Executive Order 13175 and 36 CFR Part 800.

12. Section 7 obligations under Endangered Species Act must be reconsidered if new information reveals impacts of the project that may affect federally listed species or critical habitat in a manner not previously considered, the proposed project is subsequently modified to include activities which were not considered during Section 7 consultation with the United States Fish and Wildlife Service, or new species are listed or critical habitat designated that might be affected by the subject project.

13. The Ohio Department of Natural Resources (ODNR) Statewide In-Water Work Restrictions imposes limitations for work within Ohio streams. Work within perennial streams are subject to restricted work periods established by the ODNR, Division of Wildlife. Refer to the enclosed Table 3 for a detailed list of perennial stream crossings within Ohio for which the ODNR has granted a partial waiver (24-48 hours).

U.S. Army Corps of Engineers – Huntington District Regulatory Division Table 1- Authorized discharge of dredged and/or fill material into waters of the U.S. for LRH-2014-00804 Rover Pipeline, LLC – Rover Pipeline Project

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 1 0.11 Berne S4H-MO-650 39.770763 81.291347 PER Open Cut 43.0 - - - trench line 0.49 W4H-MO-652 39.772661 81.297685 PSS Open Cut - 0.012 0.012 0.008 Backfill of 2 0.50 Berne S4H-MO-651 39.772747 81.29794 PER Open Cut 43.0 - - - trench line 0.50 W4H-MO-653 39.773009 81.297634 PSS Open Cut - 0.042 0.042 0.020 Backfill of 3 1.34 Berne S9H-MO-123 39.782838 81.305564 PER Open Cut 43.0 - - - trench line Backfill of 4 1.76 Berne S9H-MO-119 39.788136 81.308398 EPH Open Cut 43.0 - - - trench line Backfill of 5 1.83 Berne S3ES-MO-239 39.789193 81.30906 PER Open Cut 43.0 - - - trench line Temporary No Utility 6 1.88 Berne W3ES-MO-241 39.789801 81.309375 PEM - 0.002 0.002 0.000 Construction Crossing Activities Backfill of 7 1.95 Berne S3ES-MO-236 39.790609 81.310142 EPH Open Cut 43.0 - - - trench line Backfill of 8 2.47 Berne S3ES-MO-223 39.796649 81.315169 EPH Open Cut 43.0 - - - trench line Backfill of 9 2.69 Berne S7H-NO-434 39.798326 81.318545 INT Open Cut 43.0 - - - trench line Backfill of 10 0.08 Berne/Seneca W7H-NO-453 39.807325 81.340067 PEM Open Cut - 0.024 0.024 0.016 trench line Backfill of 11 2.95 Berne/Seneca S1TB-NO-123 39.801061 81.321247 INT Open Cut 64.0 - - - trench line Backfill of 12 3.18 Berne/Seneca S1TB-NO-122 39.801989 81.325839 PER Open Cut 64.0 - - - trench line Backfill of 13 3.37 Berne/Seneca S1TB-NO-120 39.802274 81.328185 PER Open Cut 64.0 - - - trench line Backfill of 14 0.78 Berne/Seneca W7H-NO-424 39.802813 81.330589 PEM Open Cut - 0.348 0.348 0.197 trench line Temporary No Utility 15 3.43 Berne/Seneca W7H-NO-425 39.802425 81.330073 PEM - 0.019 0.019 0.000 Construction Crossing Activities 3.81 S2H-NO-169 39.805181 81.335923 INT Open Cut 64.0 - - - Backfill of 16 3.86 Berne/Seneca S4H-NO-292 39.805477 81.336867 INT Open Cut 64.0 - - - trench line 3.94 S4H-NO-291 39.805858 81.337833 PER Open Cut 64.0 - - - Backfill of 17 37.89 Burgettstown S2ES-CA-158 40.442541 80.981807 INT Open Cut 44.0 - - - trench line

38.38 W2ES-CA-154 40.44396 80.990703 PSS Open Cut - 0.112 0.112 0.032 Backfill of 19 Burgettstown 38.38 S2ES-CA-155 40.443943 80.99073 INT Open Cut 44.0 - - - trench line Backfill of 20 38.70 Burgettstown S4ES-CA-123 40.444174 80.996756 EPH Open Cut 44.0 - - - trench line Backfill of 21 38.85 Burgettstown W4ES-CA-120 40.444173 80.99961 PSS Open Cut - 0.356 0.356 0.119 trench line Backfill of 22 39.67 Burgettstown S4ES-CA-116 40.442208 81.014814 EPH Open Cut 44.0 - - - trench line Backfill of 23 39.70 Burgettstown S2TB-CA-241 40.442556 81.01534 PER Open Cut 44.0 - - - trench line Backfill of 24 40.47 Burgettstown S2TB-CA-237 40.442195 81.030095 PER Open Cut 44.0 - - - trench line 40.72 S2TB-CA-236 40.442193 81.034635 PER Open Cut 44.0 - - - Backfill of 25 Burgettstown 40.88 S2TB-CA-234 40.442071 81.036282 PER Open Cut 44.0 - - - trench line Backfill of 26 41.83 Burgettstown S2ES-CA-220 40.441312 81.055327 PER Open Cut 44.0 - - - trench line Backfill of 27 42.16 Burgettstown S2TB-CA-264 40.441688 81.061823 PER Open Cut 44.0 - - - trench line Backfill of 28 42.48 Burgettstown S2TB-CA-261 40.442147 81.067847 PER Open Cut 44.0 - - - trench line 43.36 S2TB-CA-266 40.442527 81.082836 PER Open Cut 44.0 - - - Backfill of 29 Burgettstown 43.40 S2ES-CA-209 40.442539 81.083358 INT Open Cut 44.0 - - - trench line Backfill of 30 43.71 Burgettstown S2TB-CA-244 40.44216 81.089419 PER Open Cut 44.0 - - - trench line Backfill of 31 44.29 Burgettstown S2TB-CA-247 40.442903 81.099515 PER Open Cut 44.0 - - - trench line 44.82 S2ES-CA-163 40.444263 81.108945 INT Open Cut 44.0 - - - Backfill of 32 Burgettstown 44.82 W2ES-CA-162 40.444038 81.109563 PEM Open Cut - 0.164 0.164 0.032 trench line Backfill of 33 44.89 Burgettstown S2ES-CA-161 40.443933 81.109038 INT Open Cut 44.0 - - - trench line Backfill of 34 44.93 Burgettstown S2ES-CA-160 40.444083 81.111319 INT Open Cut 44.0 - - - trench line 45.20 W2ES-CA-177 40.443845 81.116349 PEM Open Cut - 0.13 0.13 0.040 Backfill of 35 45.20 Burgettstown S2ES-CA-173 40.44414 81.116275 INT Open Cut 44.0 - - - trench line 45.21 S2ES-CA-176 40.443549 81.116208 INT Open Cut 44.0 - - -

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) 45.49 W2ES-CA-179 40.442351 81.121122 PEM Open Cut - 0.223 0.223 0.061 Backfill of 36 Burgettstown 45.49 S2ES-CA-178 40.442482 81.121261 PER Open Cut 44.0 - - - trench line 45.85 W2ES-CA-171 40.442629 81.128042 PEM Open Cut - 0.126 0.126 0.032 Backfill of 37 Burgettstown 45.86 S2ES-CA-169 40.442285 81.127888 PER Open Cut 44.0 - - - trench line 38 46.24 S2ES-CA-168 40.443065 81.135062 EPH Open Cut 44.0 - - - Backfill of 39 46.26 Burgettstown W2ES-CA-166 40.443251 81.135424 PEM Open Cut - 0.06 0.06 0.017 trench line 40 46.26 S2ES-CA-167 40.442894 81.135507 PER Open Cut 44.0 - - - Backfill of 41 46.56 Burgettstown S2ES-CA-275 40.44398 81.14079 PER Open Cut 44.0 - - - trench line 46.91 S4ES-CA-147 40.446944 81.14615 INT Open Cut 44.0 - - - Backfill of 42 46.95 Burgettstown W4ES-CA-151 40.447065 81.146777 PEM Open Cut - 0.023 0.023 0.014 trench line 46.95 S4ES-CA-149 40.447115 81.146781 INT Open Cut 44.0 - - - Backfill of 43 47.13 Burgettstown S4ES-CA-152 40.446947 81.150085 INT Open Cut 44.0 - - - trench line 47.41 S2ES-CA-217 40.447497 81.155333 EPH Open Cut 44.0 - - - Backfill of 44 Burgettstown 47.41 S2ES-CA-214 40.447187 81.155397 INT Open Cut 44.0 - - - trench line 47.70 W4ES-CA-134 40.447601 81.160781 PEM Open Cut - 0.095 0.095 0.033 Backfill of 45 Burgettstown 47.70 S4ES-CA-133 40.447321 81.160819 INT Open Cut 44.0 - - - trench line Backfill of 46 47.98 Burgettstown S4ES-CA-136 40.447734 81.166087 EPH Open Cut 44.0 - - - trench line Backfill of 47 48.26 Burgettstown S4ES-CA-138 40.447724 81.170953 INT Open Cut 44.0 - - - trench line Backfill of 48 48.42 Burgettstown S4ES-CA-140 40.448464 81.173967 INT Open Cut 44.0 - - - trench line 48.87 W4ES-CA-146 40.447705 81.18256 PEM Open Cut - 0.022 0.022 0.008 Backfill of 49 Burgettstown 48.87 S4ES-CA-141 40.448194 81.182487 INT Open Cut 44.0 - - - trench line Backfill of 50 49.45 Burgettstown W2ES-CA-165 40.444998 81.192257 PSS Open Cut - 2.887 2.887 0.647 trench line Backfill of 51 49.63 Burgettstown S2ES-CA-185 40.444221 81.19622 PER Open Cut 44.0 - - - trench line 50.16 S2ES-CA-186 40.445801 81.205516 INT Open Cut 44.0 - - - Backfill of 52 50.29 Burgettstown W2ES-CA-188 40.446342 81.207725 PEM Open Cut - 0.069 0.069 0.014 trench line 50.29 S2ES-CA-189 40.446169 81.207919 INT Open Cut 44.0 - - -

50.62 S2TB-CA-998 40.445894 81.214538 PER Open Cut 44.0 - - - Backfill of 53 Burgettstown 50.63 W2TB-CA-256 40.446085 81.214394 PSS Open Cut - 0.513 0.513 0.160 trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Temporary No Utility 54 50.86 Burgettstown W2TB-CA-254 40.446174 81.220191 PSS - 0.008 0.008 0.000 Construction Crossing Activities Backfill of 55 50.91 Burgettstown S4H-CA-564 40.446704 81.219298 INT Open Cut 44.0 - - - trench line Backfill of 56 51.29 Burgettstown S4H-CA-567 40.448152 81.225055 INT Open Cut 44.0 - - - trench line Backfill of 57 0.16 Cadiz Lateral W1ES-HA-243 40.253198 81.0292 PEM Open Cut - 0.042 0.042 0.009 trench line Temporary No Utility 0.44 Cadiz Lateral W2ES-HA-325 40.252195 81.033941 PEM - 0.024 0.024 0.000 Construction Crossing 58 Activities Backfill of 0.44 Cadiz Lateral S2ES-HA-326 40.251927 81.033579 INT Open Cut 43.5 - - - trench line Temporary No Utility 59 1.15 Cadiz Lateral W7H-HA-481 40.250384 81.046468 PEM - 0.002 0.002 0.000 Construction Crossing Activities Backfill of 60 1.41 Cadiz Lateral S7H-HA-475 40.24848 81.050406 PER Open Cut 43.5 - - - trench line Backfill of 61 1.99 Cadiz Lateral W4H-HA-426 40.244706 81.060358 PEM Open Cut - 0.096 0.096 0.038 trench line Backfill of 62 2.29 Cadiz Lateral W4H-HA-425 40.243745 81.065975 PEM Open Cut - 0.028 0.028 0.007 trench line Backfill of 63 2.62 Cadiz Lateral S4H-HA-427 40.243281 81.071752 PER Open Cut 43.5 - - - trench line Backfill of 64 2.88 Cadiz Lateral S2ST-HR-124 40.24436 81.075492 PER Open Cut 43.5 - - - trench line 0.04 S4H-DO-561 39.288198 80.692464 PER Open Cut 43.0 - - - Backfill of 65 CGT Lateral 0.11 S3ES-DO-210a 39.28503 80.693064 PER Open Cut 43.0 - - - trench line Backfill of 66 1.18 CGT Lateral S3H-DO-243 39.284593 80.675484 INT Open Cut 43.0 - - - trench line 1.52 S3H-DO-244 39.286089 80.669919 PER Open Cut 43.0 - - - Backfill of 67 CGT Lateral 1.64 S3H-DO-248 39.285992 80.667714 PER Open Cut 43.0 - - - trench line Backfill of 68 2.58 CGT Lateral S3H-DO-247 39.294434 80.657962 INT Open Cut 43.0 - - - trench line Backfill of 69 2.85 CGT Lateral S3H-DO-245 39.296915 80.654812 INT Open Cut 0.0 - - - trench line Backfill of 70 3.12 CGT Lateral S9H-DO-104 39.293394 80.654258 PER Open Cut 43.0 - - - trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Temporary No Utility 71 4.18 CGT Lateral W1ES-DO-217 39.310911 80.641573 PEM - 0.002 0.002 0.000 Construction Crossing Activities Backfill of 72 5.62 CGT Lateral S1ES-DO-223 39.316202 80.622383 PER Open Cut 43.0 - - - trench line Clarington Backfill of 73 28.00 S4H-HA-345 40.195236 81.047569 PER Open Cut 44.5 - - - Lateral trench line 28.34 Clarington W4H-HA-344 40.199707 81.049171 PSS Open Cut - 0.357 0.357 0.068 Backfill of 74 28.36 Lateral S4H-HA-343 40.20007 81.049288 PER Open Cut 44.5 - - - trench line Clarington Backfill of 75 28.73 S4H-HA-667 40.205096 81.051159 PER Open Cut 44.5 - - - Lateral trench line 29.34 Clarington W2ST-HA-118 40.212644 81.055929 PSS Open Cut - 0.111 0.111 0.025 Backfill of 76 29.37 Lateral W2ST-HA-117 40.213072 81.056136 PEM Open Cut - 0.387 0.387 0.115 trench line Clarington Backfill of 77 29.83 W2ST-HA-114 40.218795 81.060257 PFO Open Cut - 0.091 0.091 0.035 Lateral trench line Clarington Backfill of 78 30.07 S4ES-HA-188 40.220949 81.063482 PER Open Cut 44.5 - - - Lateral trench line 30.40 Clarington S4ES-HA-191 40.223779 81.067952 EPH Open Cut 44.5 - - - Backfill of 79 30.40 Lateral S4ES-HA-189 40.223987 81.067951 EPH Open Cut 44.5 - - - trench line Clarington Backfill of 80 30.64 S4ES-HA-193 40.226457 81.071332 PER Open Cut 44.5 - - - Lateral trench line Temporary Clarington No Utility 81 31.50 W4H-HA-638 40.235879 81.078708 PEM - 0.008 0.008 0.000 Construction Lateral Crossing Activities Clarington Backfill of 82 31.53 S8H-HR-203 40.237309 81.077657 PER Open Cut 44.5 - - - Lateral trench line 31.80 W8H-HR-200 40.239822 81.080552 PEM Open Cut - 0.077 0.077 0.012 31.80 Clarington S8H-HR-199 40.239567 81.081557 INT Open Cut 44.5 - - - Backfill of 83 31.88 Lateral W8H-HR-198 40.240926 81.082022 PEM Open Cut - 0.108 0.108 0.030 trench line 31.91 W8H-HR-798 40.241337 81.082044 PEM Open Cut - 0.119 0.119 0.031 Clarington Backfill of 84 32.13 S8H-HR-196 40.243375 81.085198 EPH - 0.0 - - - Lateral trench line 32.16 Clarington S8H-HR-195 40.243681 81.085527 EPH Open Cut 44.5 - - - Backfill of 85 32.16 Lateral W8H-HR-197 40.242952 81.085996 PEM Open Cut - 0.016 0.016 0.003 trench line 18.94 S2ES-CA-230 40.452983 81.234886 EPH Open Cut 64.0 - - - Backfill of 86 19.01 Mainlines A & B S2ES-CA-231 40.453769 81.236034 INT Open Cut 64.0 - - - trench line 19.05 S2ES-CA-232 40.454174 81.236331 PER Open Cut 64.0 - - -

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) 19.59 S4ES-CA-210 40.459005 81.243898 INT Open Cut 64.0 - - - Backfill of 87 Mainlines A & B 19.63 S4ES-CA-212 40.459522 81.24415 EPH Open Cut 64.0 - - - trench line Backfill of 88 19.99 Mainlines A & B S4ES-CA-208 40.464098 81.242787 INT Open Cut 64.0 - - - trench line Backfill of 89 20.76 Mainlines A & B S7H-CA-438 40.474152 81.245505 EPH Open Cut 64.0 - - - trench line Temporary No Utility 90 20.87 Mainlines A & B W7H-CA-440 40.475658 81.246447 PEM - 0.02 0.02 0.000 Construction Crossing Activities Backfill of 91 21.01 Mainlines A & B W3H-CA-219 40.476424 81.248703 PSS Open Cut - 0.051 0.051 0.024 trench line Temporary No Utility 92 21.01 Mainlines A & B W2ST-CA-137 40.476119 81.248931 PEM - 0.01 0.01 0.000 Construction Crossing Activities Backfill of 93 21.02 Mainlines A & B S2ST-CA-139 40.476505 81.248834 PER Open Cut 64.0 - - - trench line 21.46 W3H-CA-220 40.481344 81.254105 PFO Open Cut - 0.094 0.094 0.045 Backfill of 94 Mainlines A & B 21.49 S2ST-CA-142 40.481783 81.254426 PER Open Cut 64.0 - - - trench line Backfill of 95 21.97 Mainlines A & B W7H-CA-234 40.486104 81.261211 PEM Open Cut - 0.238 0.238 0.076 trench line Backfill of 96 22.09 Mainlines A & B W7H-CA-233 40.487539 81.262219 PEM Open Cut - 0.221 0.221 0.083 trench line Backfill of 97 22.46 Mainlines A & B S4ES-CA-205 40.491362 81.266329 PER Open Cut 64.0 - - - trench line 22.67 S2ES-TU-103 40.493056 81.26896 INT Open Cut 64.0 - - - Backfill of 98 Mainlines A & B 22.72 W2ES-TU-105 40.493742 81.269578 PEM Open Cut - 0.238 0.238 0.123 trench line Backfill of 99 23.48 Mainlines A & B W4ES-TU-215 40.504186 81.271564 PEM Open Cut - 0.239 0.239 0.114 trench line Backfill of 100 23.97 Mainlines A & B W4ES-TU-217 40.509286 81.277443 PEM Open Cut - 0.074 0.074 0.028 trench line 24.14 W1ES-TU-104 40.51143 81.276887 PSS Open Cut - 0.852 0.852 0.363 Backfill of 101 Mainlines A & B 24.23 S1ES-TU-105 40.512955 81.277636 PER Open Cut 64.0 - - - trench line Backfill of 102 24.51 Mainlines A & B W1ES-TU-106 40.514419 81.280752 PEM Open Cut - 0.385 0.385 0.130 trench line Backfill of 103 24.70 Mainlines A & B W7H-TU-256 40.517039 81.283937 PEM Open Cut - 0.172 0.172 0.042 trench line - 25.26 Mainlines A & B S7H-TU-248 40.52173 81.293933 PER HDD 0.0 - - - -

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Temporary No Utility 104 25.63 Mainlines A & B W7H-TU-246 40.525119 81.299402 PEM - 0.047 0.047 0.000 Construction Crossing Activities Temporary No Utility 105 25.76 Mainlines A & B W2H-TU-202 40.526462 81.30151 PEM - 0.065 0.065 0.000 Construction Crossing Activities Backfill of 106 26.56 Mainlines A & B W4ES-TU-230 40.533474 81.310942 PFO Open Cut - 0.038 0.038 0.020 trench line Backfill of 107 26.57 Mainlines A & B S4ES-TU-231 40.533519 81.310588 PER Open Cut 64.0 - - - trench line 26.64 W4ES-TU-232 40.534752 81.310458 PEM Open Cut - 0.315 0.315 0.048 Backfill of 108 Mainlines A & B 26.75 S4ES-TU-233 40.535905 81.311236 PER Open Cut 64.0 - - - trench line Backfill of 109 27.25 Mainlines A & B S7H-TU-245 40.54296 81.312931 INT Open Cut 64.0 - - - trench line 27.33 W1ES-TU-100 40.543641 81.312055 PEM Open Cut - 0.052 0.052 0.024 Backfill of 110 Mainlines A & B 27.35 W1ES-TU-101 40.544127 81.312526 PEM Open Cut - 0.018 0.018 0.007 trench line Backfill of 111 27.73 Mainlines A & B W1ES-TU-102 40.549637 81.314103 PEM Open Cut - 1.651 1.651 0.421 trench line 27.98 S2ES-TU-100 40.552556 81.316388 PER Open Cut 64.0 - - - Backfill of 112 28.00 Mainlines A & B W4H-TU-439 40.552653 81.316464 PFO Open Cut - 0.976 0.976 0.530 trench line 28.06 W4H-TU-489 40.553328 81.317237 PEM Open Cut - 0.188 0.188 0.079 Backfill of 113 28.39 Mainlines A & B W2H-TU-163 40.557082 81.319795 PEM Open Cut - 0.259 0.259 0.065 trench line Backfill of 114 28.60 Mainlines A & B S2H-TU-159 40.559725 81.322522 PER Open Cut 64.0 - - - trench line 28.96 W2H-TU-156 40.564312 81.3256 PEM Open Cut - 0.113 0.113 0.050 Backfill of 115 Mainlines A & B 28.97 W2H-TU-155 40.564422 81.326088 PFO Open Cut - 0.193 0.193 0.108 trench line Temporary No Utility 116 29.03 Mainlines A & B W2H-TU-157 40.565061 81.326497 PEM - 0.003 0.003 0.000 Construction Crossing Activities 29.04 W2H-TU-154 40.565514 81.325957 PFO Open Cut - 0.338 0.338 0.178 Backfill of 117 29.10 Mainlines A & B S4ES-TU-218 40.566156 81.326995 PER Open Cut 64.0 - - - trench line 29.22 W4ES-TU-220 40.567484 81.328212 PFO Open Cut - 0.06 0.06 0.033 29.30 W3H-TU-221 40.568479 81.328945 PFO Open Cut - 0.139 0.139 0.076 29.31 W2ES-TU-259C 40.568695 81.329165 PEM Open Cut - 0.533 0.533 0.216 Backfill of 118 29.40 Mainlines A & B W3H-TU-222 40.569488 81.329694 PFO Open Cut - 0.197 0.197 0.112 trench line 29.48 W2ES-TU-259A 40.570965 81.331177 PEM Open Cut - 3.003 3.003 0.965 29.73 S2ES-TU-258 40.57363 81.333443 PER Open Cut 64.0 - - -

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 119 29.92 Mainlines A & B W4H-TU-385 40.576352 81.333804 PEM Open Cut - 1.418 1.418 0.458 trench line Backfill of 120 30.95 Mainlines A & B W4ES-TU-234 40.589607 81.342443 PEM Open Cut - 0.108 0.108 0.038 trench line Backfill of 121 31.09 Mainline A S4ES-TU-235 40.590451 81.342628 EPH Open Cut 44.5 - - - trench line Backfill of 122 31.80 Mainlines A & B S4ES-TU-241 40.601305 81.343268 PER Open Cut 64.0 - - - trench line Temporary No Utility 123 31.88 Mainlines A & B W8H-TU-225 40.602475 81.342174 PSS - 0.022 0.022 0.000 Construction Crossing Activities 32.02 S8H-TU-213 40.604457 81.34164 INT Open Cut 64.0 - - - Backfill of 124 Mainlines A & B 32.03 W8H-TU-214 40.604503 81.341703 PEM Open Cut - 0.035 0.035 0.011 trench line Backfill of 125 32.16 Mainlines A & B W8H-TU-210 40.606287 81.343008 PEM Open Cut - 0.031 0.031 0.012 trench line Temporary No Utility 126 32.28 Mainlines A & B W8H-TU-208 40.607875 81.343581 PEM - 0.01 0.01 0.000 Construction Crossing Activities 32.80 S4H-TU-382 40.614582 81.348042 EPH Open Cut 44.5 - - - Backfill of 127 Mainlines A & B 32.83 S1M-TU-205 40.615646 81.347811 INT Open Cut 64.0 - - - trench line Backfill of 128 32.92 Mainlines A & B S1M-TU-204 40.616433 81.348341 INT Open Cut 64.0 - - - trench line 33.03 W1M-TU-206 40.61751 81.348409 PEM Open Cut - 0.077 0.077 0.031 Backfill of 129 Mainlines A & B 33.03 S4H-TU-672 40.617665 81.349284 INT Open Cut 64.0 - - - trench line Temporary No Utility 130 33.09 Mainlines A & B W4H-TU-673 40.618679 81.348743 PEM - 0.009 0.009 0.000 Construction Crossing Activities Backfill of 131 33.32 Mainlines A & B S1M-TU-209 40.620365 81.352461 INT Open Cut 64.0 - - - trench line Backfill of 132 33.42 Mainlines A & B S1M-TU-210 40.620796 81.354348 EPH Open Cut 64.0 - - - trench line 33.85 S1M-TU-199 40.622028 81.362006 PER Open Cut 64.0 - - -

33.86 W1M-TU-198 40.622041 81.362275 PEM Open Cut - 1.389 1.389 0.465 Backfill of 133 Mainlines A & B 33.92 S1M-TU-201 40.622508 81.363113 INT Open Cut 64.0 - - - trench line 33.94 W1M-TU-203 40.622788 81.363803 PFO Open Cut - 0.628 0.628 0.325

34.48 W3H-TU-223 40.628064 81.371629 PEM Open Cut - 0.119 0.119 0.047 Backfill of 134 Mainlines A & B 34.48 S4H-TU-378 40.627729 81.371549 INT Open Cut 64.0 - - - trench line

39.06 W3H-ST-227 40.667954 81.427385 PSS Open Cut - 0.309 0.309 0.164 Backfill of 145 Mainlines A & B 39.08 S4H-ST-716 40.668281 81.42763 EPH Open Cut 64.0 - - - trench line 39.09 S4H-ST-369 40.667691 81.427791 PER Open Cut 64.0 - - - Temporary No Utility 146 39.10 Mainlines A & B W3H-ST-227A 40.668413 81.428224 PSS - 0.036 0.036 0.000 Construction Crossing Activities - 39.79 Mainlines A & B S1M-ST-172 40.669083 81.44056 PER HDD 0.0 - - - - Backfill of 147 40.46 Mainlines A & B S4H-ST-433 40.668646 81.452885 EPH Open Cut 64.0 - - - trench line Backfill of 148 40.94 Mainlines A & B S1M-ST-176 40.668366 81.461898 PER Open Cut 64.0 - - - trench line HDD 149 42.14 Mainlines A & B W1M-ST-174 40.672094 81.483655 PFO HDD-Access - 0.007 0.007 0.000 Workspace

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) - 42.15 Mainlines A & B S1M-ST-175 40.671826 81.483779 PER HDD 0.0 - - - - Backfill of 150 42.94 Mainlines A & B W3H-ST-170 40.671837 81.49878 PEM Open Cut - 0.724 0.724 0.321 trench line Backfill of 151 44.44 Mainlines A & B W4H-ST-373 40.673572 81.526679 PEM Open Cut - 0.995 0.995 0.327 trench line Backfill of 152 44.77 Mainlines A & B W4H-ST-375 40.67392 81.534316 PSS Open Cut - 0.138 0.138 0.066 trench line Backfill of 45.20 S9H-ST-102 40.676203 81.540392 EPH Open Cut 64.0 - - - trench line 153 Mainlines A & B Backfill of 45.22 S9H-ST-101 40.676394 81.540783 PER Open Cut 64.0 - - - trench line Backfill of 154 45.74 Mainlines A & B S1M-ST-168 40.678879 81.54928 INT Open Cut 64.0 - - - trench line Backfill of 155 46.46 Mainlines A & B S1M-ST-161 40.679956 81.563378 PER Open Cut 64.0 - - - trench line Backfill of 156 46.65 Mainlines A & B S1M-ST-163 40.679758 81.567196 PER Open Cut 64.0 - - - trench line Backfill of 157 46.77 Mainlines A & B W1M-ST-164 40.679849 81.569426 PEM Open Cut - 0.086 0.086 0.040 trench line 47.37 S1H-ST-143 40.684581 81.578498 INT Open Cut 64.0 - - - Backfill of 158 Mainlines A & B 47.37 W1H-ST-144 40.684502 81.578491 PSS Open Cut - 0.044 0.044 0.015 trench line Backfill of 159 47.55 Mainlines A & B W4H-ST-191 40.684639 81.581605 PFO Open Cut - 0.195 0.195 0.080 trench line Backfill of 160 47.67 Mainlines A & B W3H-ST-171 40.685311 81.583909 PFO Open Cut - 0.186 0.186 0.087 trench line Backfill of 161 47.90 Mainlines A & B S3H-ST-175 40.686633 81.588173 PER Open Cut 64.0 - - - trench line Temporary No Utility 162 47.98 Mainlines A & B W3H-ST-176 40.686729 81.589424 PEM - 0.01 0.01 0.000 Construction Crossing Activities Backfill of 163 48.09 Mainlines A & B W4H-ST-187 40.686342 81.591375 PEM Open Cut - 0.523 0.523 0.293 trench line Backfill of 164 48.41 Mainlines A & B W4H-ST-186 40.686956 81.595778 PEM Open Cut - 0.198 0.198 0.079 trench line 48.55 W4H-ST-185 40.688996 81.598356 PEM Open Cut - 0.267 0.267 0.121 Backfill of 165 48.65 Mainlines A & B W7H-ST-184 40.689777 81.599918 PEM Open Cut - 1.248 1.248 0.482 trench line 48.68 S7H-ST-186 40.690129 81.600064 PER Open Cut 64.0 - - -

48.78 S4H-ST-199 40.691395 81.600676 PER Open Cut 64.0 - - - Backfill of 167 Mainlines A & B 48.79 W1H-ST-157 40.691568 81.602666 PEM Open Cut - 0.553 0.553 0.314 trench line 48.88 W1H-ST-158 40.691984 81.602825 PFO Open Cut - 1.055 1.055 0.537

49.01 S1M-ST-158 40.692681 81.605235 PER Open Cut 64.0 - - - Backfill of 168 Mainlines A & B 49.01 W1M-ST-159 40.69243 81.605315 PFO Open Cut - 0.372 0.372 0.202 trench line Backfill of 169 50.62 Mainlines A & B S3H-ST-163 40.694483 81.635674 EPH Open Cut 64.0 - - - trench line 50.71 W3H-ST-165 40.694893 81.63735 PSS Open Cut - 0.03 0.03 0.025

50.71 W3H-ST-166 40.694639 81.637409 PEM Open Cut - 0.051 0.051 0.031 Backfill of 170 Mainlines A & B 50.75 W3H-ST-229 40.695124 81.638019 PEM Open Cut - 0.181 0.181 0.102 trench line 50.75 W4H-ST-402 40.695044 81.637954 PSS Open Cut - 0.037 0.037 0.013 Backfill of 171 51.07 Mainlines A & B S4H-ST-189 40.697027 81.643295 INT Open Cut 64.0 - - - trench line 51.48 W2H-AS-130 40.699236 81.650749 PEM Open Cut - 0.036 0.036 0.015 Backfill of 172 Mainlines A & B 51.49 S2H-WA-129 40.699387 81.650709 EPH Open Cut 64.0 - - - trench line

51.76 S2H-WA-125 40.700747 81.657077 EPH Open Cut 44.5 - - - Backfill of 173 Mainline B 51.77 S2H-WA-128 40.700728 81.655264 INT Open Cut 64.0 - - - trench line Backfill of 174 52.43 Mainlines A & B W2H-WA-133 40.702779 81.66704 PEM Open Cut - 0.037 0.037 0.010 trench line - 53.24 S2H-WA-134 40.703738 81.682739 INT HDD 0.0 - - - - Mainlines A & B - 53.27 S2H-WA-135 40.703928 81.683112 EPH HDD 0.0 - - - - - 53.41 Mainlines A & B S7H-WA-175 40.703867 81.685926 INT HDD 0.0 - - - - Backfill of 175 53.53 Mainlines A & B W7H-WA-176 40.704045 81.68809 PEM Open Cut - 0.247 0.247 0.046 trench line 53.92 W7H-WA-174 40.705346 81.694999 PEM Open Cut - 0.226 0.226 0.038 Backfill of 176 53.98 Mainlines A & B S7H-WA-167 40.705023 81.697641 INT Open Cut 64.0 - - - trench line 53.98 W7H-WA-172 40.705771 81.696347 PEM Open Cut - 0.164 0.164 0.022 Backfill of 177 54.08 Mainlines A & B W7H-WA-166 40.705273 81.698271 PEM Open Cut - 0.438 0.438 0.169 trench line

55.54 S1H-WA-139 40.701451 81.723732 INT Open Cut 44.5 - - - Backfill of 181 Mainlines A & B 55.55 S1H-WA-138 40.701768 81.724081 INT Open Cut 64.0 - - - trench line Temporary No Utility 182 55.55 Mainlines A & B W1H-WA-140 40.701765 81.724062 PEM - 0.016 0.016 0.004 Construction Crossing Activities Backfill of 183 55.89 Mainlines A & B S1H-WA-141 40.703052 81.730107 INT Open Cut 64.0 - - - trench line 56.72 W3H-WA-141 40.705034 81.745764 PEM Open Cut - 0.107 0.107 0.051 Backfill of 184 Mainlines A & B 56.73 W3H-WA-142 40.704894 81.745902 PFO Open Cut - 0.015 0.015 0.006 trench line 57.69 W1TB-WA-102 40.710019 81.76242 PEM Open Cut - 0.531 0.531 0.147 Backfill of 185 57.75 Mainlines A & B S1TB-WA-103 40.710104 81.763103 INT Open Cut 64.0 - - - trench line 57.78 W1TB-WA-104 40.71024 81.764166 PFO Open Cut - 1.09 1.09 0.548 Backfill of 186 59.69 Mainlines A & B S1TB-WA-107 40.718741 81.797781 PER Open Cut 64.0 - - - trench line Backfill of 187 60.01 Mainlines A & B W1TB-WA-108 40.720214 81.802979 PEM Open Cut - 0.226 0.226 0.103 trench line Backfill of 188 60.52 Mainlines A & B W1TB-WA-113 40.721648 81.812534 PFO Open Cut - 0.568 0.568 0.329 trench line Temporary No Utility 189 60.62 Mainlines A & B W1TB-WA-111 40.721209 81.814641 PEM - 0.002 0.002 0.000 Construction Crossing Activities Backfill of 190 60.65 Mainlines A & B S1TB-WA-110 40.721538 81.815193 PER Open Cut 64.0 - - - trench line Backfill of 191 61.01 Mainlines A & B S1TB-WA-114 40.72112 81.822174 INT Open Cut 64.0 - - - trench line Backfill of 192 61.79 Mainlines A & B S2H-WA-143 40.721107 81.836803 PER Open Cut 64.0 - - - trench line Backfill of 193 62.62 Mainlines A & B W2H-WA-139 40.720779 81.853187 PEM Open Cut - 0.05 0.05 0.027 trench line

68.36 W2H-WA-235 40.749296 81.947686 PEM Open Cut - 2.621 2.621 0.875 Backfill of 203 Mainlines A & B 68.43 S1M-WA-151 40.74926 81.94914 PER Open Cut 64.0 - - - trench line 68.51 W1M-WA-150 40.748994 81.950672 PEM Open Cut - 1.114 1.114 0.622 68.62 S1M-WA-149 40.748937 81.952808 PER Open Cut 64.0 - - - - 69.01 Mainlines A & B S1M-WA-148 40.748475 81.960172 PER HDD 0.0 - - - - Backfill of 204 69.26 Mainlines A & B W3H-WA-143 40.747023 81.963693 PEM Open Cut - 0.144 0.144 0.085 trench line

77.00 S1TB-WA-116 40.788548 82.088383 PER Open Cut 64.0 - - - Backfill of 214 Mainlines A & B 77.03 W4H-WA-631 40.788059 82.089712 PEM Open Cut - 0.036 0.036 0.033 trench line 77.44 W4H-WA-586 40.787266 82.098506 PEM Open Cut - 0.93 0.93 0.333 77.51 S4H-WA-583 40.787269 82.099303 PER Open Cut 64.0 - - - Backfill of 215 77.55 Mainlines A & B W4H-WA-582 40.787844 82.100439 PFO Open Cut - 0.33 0.33 0.132 trench line 77.62 W4H-WA-581 40.787756 82.100659 PEM Open Cut - 0.445 0.445 0.190 77.86 W4H-WA-632 40.790623 82.103605 PEM Open Cut - 3.068 3.068 1.096 Backfill of 216 78.03 Mainlines A & B W3H-WA-153 40.792134 82.106159 PEM Open Cut - 0.071 0.071 0.024 trench line Backfill of 217 78.36 Mainlines A & B S3H-WA-155 40.794531 82.111063 PER Open Cut 64.0 - - - trench line

222 81.17 S4H-AS-236 40.805664 82.160723 PER Open Cut 64.0 - - - Backfill of Mainlines A & B 223 81.24 W4H-AS-237 40.80622 82.16159 PFO Open Cut - 0.091 0.091 0.049 trench line

224 81.31 W2H-AS-121 40.806639 82.163012 PFO Open Cut - 0.195 0.195 0.087 Backfill of Mainlines A & B 225 81.32 S2H-AS-119 40.806802 82.163057 PER Open Cut 64.0 - - - trench line Backfill of 226 82.94 Mainlines A & B S4H-AS-417 40.816194 82.189799 INT Open Cut 64.0 - - - trench line Backfill of 227 83.46 Mainlines A & B W7H-AS-101 40.812839 82.198714 PEM Open Cut - 0.078 0.078 0.000 trench line Backfill of 228 83.52 Mainlines A & B S1H-AS-115 40.81248 82.199335 PER Open Cut 64.0 - - - trench line 229 83.74 S1H-AS-113 40.812241 82.203744 PER Open Cut 64.0 - - - Backfill of Mainlines A & B 230 83.74 W5H-AS-102 40.812707 82.203879 PEM Open Cut - 0.066 0.066 0.015 trench line Temporary No Utility 231 83.75 Mainlines A & B W1H-AS-114 40.811958 82.204007 PEM - 0.021 0.021 0.000 Construction Crossing Activities Backfill of 232 83.84 Mainlines A & B W1H-AS-112 40.811943 82.205815 PEM Open Cut - 0.064 0.064 0.026 trench line Backfill of 233 83.94 Mainlines A & B S5H-AS-105 40.812527 82.207522 EPH Open Cut 64.0 - - - trench line 84.25 W2H-AS-108 40.811953 82.215513 PEM Open Cut - 0.739 0.739 0.264 84.26 W2H-AS-107 40.812707 82.216723 PFO Open Cut - 0.531 0.531 0.351 Backfill of 234 84.33 Mainlines A & B S2H-AS-109 40.812343 82.214474 PER Open Cut 64.0 - - - trench line

84.42 S2H-AS-106 40.812032 82.216663 PER Open Cut 64.0 - - - 84.53 S2H-AS-103 40.81216 82.218737 INT Open Cut 64.0 - - - Backfill of 235 84.67 Mainlines A & B W2H-AS-104 40.812086 82.221522 PEM Open Cut - 0.651 0.651 0.365 trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 236 84.83 Mainlines A & B W4H-AS-386 40.812185 82.224599 PEM Open Cut - 0.185 0.185 0.114 trench line Dry, if Backfill of 237 85.69 Mainlines A & B S4H-AS-388 40.809622 82.240749 EPH 64.0 - - - flowing trench line 86.50 W4H-AS-392 40.805171 82.252752 PEM Open Cut - 0.784 0.784 0.289 Backfill of 238 Mainlines A & B 86.52 S4H-AS-391 40.804876 82.252775 PER Dry 64.0 - - - trench line Dry, if Backfill of 239 86.65 Mainlines A & B S4H-AS-393 40.805161 82.255499 INT 64.0 - - - flowing trench line Backfill of 240 87.21 Mainlines A & B W4H-AS-394 40.805394 82.265863 PEM Open Cut - 0.197 0.197 0.051 trench line Backfill of 241 87.50 Mainlines A & B W4H-AS-395 40.80497 82.271893 PEM Open Cut - 0.129 0.129 0.031 trench line Backfill of 242 87.62 Mainlines A & B W4H-AS-396 40.804599 82.273864 PEM Open Cut - 0.074 0.074 0.026 trench line 89.12 S4H-AS-397 40.80795 82.298412 PER Dry 64.0 - - - Backfill of 243 89.22 Mainlines A & B W4H-AS-398 40.808579 82.300112 PEM Open Cut - 0.063 0.063 0.021 trench line 89.23 W4H-AS-399 40.808841 82.299732 PEM Open Cut - 0.118 0.118 0.022 Backfill of 244 89.84 Mainlines A & B S3H-AS-105 40.810617 82.311162 PER Dry 64.0 - - - trench line Backfill of 245 90.26 Mainlines A & B S3H-AS-106 40.810964 82.319169 PER Dry 64.0 - - - trench line Backfill of 246 90.65 Mainlines A & B S4H-AS-401 40.812866 82.32673 PER Dry 64.0 - - - trench line Backfill of 247 91.49 Mainlines A & B W1H-AS-133 40.816007 82.341125 PEM Open Cut - 0.158 0.158 0.043 trench line Backfill of 248 93.55 Mainlines A & B S1H-AS-131 40.818672 82.37892 PER Open Cut 64.0 - - - trench line Backfill of 249 93.78 Mainlines A & B S7H-AS-108 40.818184 82.383419 INT Open Cut 64.0 - - - trench line Backfill of 250 93.89 Mainlines A & B S4H-AS-487 40.818902 82.385154 INT Open Cut 64.0 - - - trench line Backfill of 251 94.08 Mainlines A & B S7H-AS-114 40.81858 82.388895 INT Open Cut 64.0 - - - trench line Backfill of 252 94.75 Mainlines A & B W4H-AS-629 40.821399 82.400734 PFO Open Cut - 0.229 0.229 0.142 trench line Backfill of 253 95.19 Mainlines A & B S4H-AS-608 40.82097 82.408796 PER Open Cut 64.0 - - - trench line HDD 254 95.61 Mainlines A & B W4H-AS-122 40.827599 82.414829 PFO HDD-Access - 0.089 0.089 0.000 Workspace

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) - 95.80 Mainlines A & B S4H-AS-123 40.828709 82.416051 PER HDD 0.0 - - - - HDD 255 95.87 Mainlines A & B W4H-RI-131 40.828568 82.416988 PFO HDD-Access - 0.225 0.225 0.000 Workspace 96.91 W4H-RI-135 40.837015 82.432678 PEM Open Cut - 0.056 0.056 0.018 Backfill of 256 Mainlines A & B 96.91 S4H-RI-134 40.836866 82.432867 INT Open Cut 64.0 - - - trench line Backfill of 257 98.62 Mainlines A & B W4H-RI-145 40.844449 82.462773 PFO Open Cut - 0.071 0.071 0.032 trench line 99.16 S4H-RI-239 40.845508 82.473218 PER Open Cut 64.0 - - - Backfill of 258 Mainlines A & B 99.20 W4H-RI-241 40.845612 82.473896 PFO Open Cut - 0.226 0.226 0.096 trench line Backfill of 259 99.38 Mainlines A & B W4H-RI-140 40.845774 82.477765 PEM Open Cut - 0.08 0.08 0.038 trench line Temporary No Utility 260 99.42 Mainlines A & B W4H-RI-142 40.845567 82.477995 PFO - 0.272 0.272 0.165 Construction Crossing Activities Backfill of 261 99.82 Mainlines A & B W4H-RI-137 40.845918 82.48582 PEM Open Cut - 0.1 0.1 0.017 trench line Backfill of 262 100.67 Mainlines A & B S4H-RI-136 40.844824 82.501688 INT Open Cut 64.0 - - - trench line Backfill of 263 101.04 Mainlines A & B S7H-RI-135 40.845388 82.508428 INT Open Cut 64.0 - - - trench line Temporary No Utility 264 101.71 Mainlines A & B W7H-RI-119 40.846237 82.521138 PSS - 0.036 0.036 0.000 Construction Crossing Activities Backfill of 265 101.72 Mainlines A & B S2H-RI-237 40.846104 82.521282 EPH Open Cut 64.0 - - - trench line Backfill of 266 101.87 Mainlines A & B S7H-RI-130 40.845845 82.524313 EPH Open Cut 64.0 - - - trench line Backfill of 267 102.11 Mainlines A & B S7H-RI-131 40.845725 82.528922 EPH Open Cut 64.0 - - - trench line Backfill of 268 102.29 Mainlines A & B S7H-RI-134 40.845769 82.532199 EPH Open Cut 64.0 - - - trench line Backfill of 269 102.56 Mainlines A & B S7H-RI-136 40.845701 82.537529 EPH Open Cut 64.0 - - - trench line 102.78 W7H-RI-140 40.845773 82.541022 PFO Open Cut - 0.226 0.226 0.120 Backfill of 270 102.79 Mainlines A & B S7H-RI-137 40.84588 82.541154 INT Open Cut 64.0 - - - trench line 102.80 W7H-RI-139 40.845498 82.541437 PEM Open Cut - 0.321 0.321 0.171

103.33 S7H-RI-141 40.845599 82.552057 INT Open Cut 64.0 - - - Backfill of 271 Mainlines A & B 103.34 S7H-RI-142 40.845248 82.55234 EPH - 0.0 - - - trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 272 103.65 Mainlines A & B S7H-RI-143 40.846981 82.55783 INT Open Cut 64.0 - - - trench line Backfill of 273 104.22 Mainlines A & B S4H-RI-154 40.849303 82.568252 PER Open Cut 64.0 - - - trench line Backfill of 274 104.55 Mainlines A & B W4H-RI-152 40.849784 82.574559 PFO Open Cut - 0.099 0.099 0.053 trench line 104.66 W4H-RI-148 40.85002 82.576736 PFO Open Cut - 0.268 0.268 0.153 Backfill of 275 Mainlines A & B 104.67 W4H-RI-147 40.849837 82.576755 PSS Open Cut - 0.079 0.079 0.034 trench line Backfill of 276 104.80 Mainlines A & B W4H-RI-149 40.850232 82.579152 PFO Open Cut - 0.038 0.038 0.015 trench line Backfill of 277 104.90 Mainlines A & B W6H-RI-103 40.850195 82.58111 PSS Open Cut - 0.135 0.135 0.039 trench line Temporary No Utility 278 105.38 Mainlines A & B W6H-RI-101 40.850204 82.590101 PFO - 0.072 0.072 0.005 Construction Crossing Activities 105.39 W2H-RI-238 40.850139 82.590754 PEM Open Cut - 0.053 0.053 0.013 Backfill of 279 Mainlines A & B 105.41 W3H-RI-161 40.849894 82.590975 PFO Open Cut - 0.332 0.332 0.164 trench line Backfill of 280 106.01 Mainlines A & B W6H-RI-104 40.849959 82.60233 PFO Open Cut - 0.053 0.053 0.030 trench line Temporary No Utility 281 106.29 Mainlines A & B W6H-RI-105 40.85024 82.607959 PFO - 0.005 0.005 0.000 Construction Crossing Activities Backfill of 282 106.86 Mainlines A & B S4H-RI-155 40.847473 82.617844 PER Open Cut 64.0 - - - trench line Backfill of 283 107.72 Mainlines A & B W7H-RI-148 40.845995 82.633614 PFO Open Cut - 0.232 0.232 0.139 trench line Temporary No Utility 284 108.40 Mainlines A & B W7H-RI-150 40.846662 82.646992 PEM - 0.017 0.017 0.000 Construction Crossing Activities Backfill of 285 108.42 Mainlines A & B W7H-RI-151 40.846226 82.647177 PEM Open Cut - 0.168 0.168 0.081 trench line Backfill of 286 109.30 Mainlines A & B S7H-RI-154 40.852164 82.661268 PER Open Cut 64.0 - - - trench line Backfill of 287 109.80 Mainlines A & B S4H-RI-156 40.852488 82.670765 INT Open Cut 64.0 - - - trench line Backfill of 288 110.31 Mainlines A & B S4H-RI-157 40.852983 82.680486 PER Open Cut 64.0 - - - trench line Backfill of 289 111.08 Mainlines A & B W6H-RI-107 40.857222 82.693784 PEM Open Cut - 0.026 0.026 0.010 trench line

5.75 S4H-MO-200 39.802639 81.240063 PER Open Cut 44.5 - - - Backfill of 304 Seneca 5.75 W4H-MO-201 39.80262 81.240107 PEM Open Cut - 0.049 0.049 0.010 trench line Backfill of 305 6.06 Seneca S4H-MO-203 39.803009 81.234382 EPH Open Cut 44.5 - - - trench line 6.48 S7H-MO-207 39.80371 81.226545 INT Open Cut 44.5 - - - Backfill of 306 Seneca 6.50 S7H-MO-209 39.804279 81.226511 EPH Open Cut 44.5 - - - trench line Backfill of 307 6.73 Seneca S3ES-MO-266 39.804153 81.222126 EPH Open Cut 44.5 - - - trench line

1.80 W1ES-DO-218 39.287117 80.698566 PEM Open Cut - 0.03 0.03 0.011 Backfill of 309 Sherwood 1.83 S1ES-DO-222 39.287559 80.698968 EPH Open Cut 44.0 - - - trench line Backfill of 310 2.59 Sherwood S1ES-DO-120 39.292306 80.710856 PER Open Cut 44.0 - - - trench line 3.50 S4H-DO-248 39.302092 80.719572 PER Open Cut 44.0 - - - Backfill of 311 Sherwood 3.53 S1ES-DO-126 39.302391 80.719705 EPH Open Cut 44.0 - - - trench line Backfill of 312 3.87 Sherwood S1ES-DO-128 39.305502 80.723769 PER Open Cut 44.0 - - - trench line 4.59 S2ES-DO-121 39.310116 80.73321 EPH Open Cut 44.0 - - - Backfill of 313 Sherwood 4.64 S2ES-DO-123 39.310424 80.735152 PER Open Cut 44.0 - - - trench line

5.32 S2ES-DO-126 39.317911 80.740408 EPH Open Cut 44.0 - - - Backfill of 314 Sherwood 5.32 S2ES-DO-139 39.317716 80.740738 EPH Open Cut 44.0 - - - trench line

5.39 S2ES-DO-140 39.318452 80.741681 PER Open Cut 44.0 - - - Backfill of 315 Sherwood 5.43 S2ES-DO-141 39.318777 80.742123 EPH Open Cut 44.0 - - - trench line Backfill of 316 5.70 Sherwood S4ES-DO-104 39.321835 80.745057 PER Open Cut 44.0 - - - trench line 5.92 S1ES-DO-108 39.324097 80.748791 INT Open Cut 44.0 - - - 5.94 S2ES-DO-108 39.32404 80.748434 INT Open Cut 44.0 - - -

5.97 S2ES-DO-110 39.324311 80.748708 INT Open Cut 44.0 - - - Backfill of 317 Sherwood 5.98 S1ES-DO-110 39.324177 80.74939 INT Open Cut 44.0 - - - trench line 6.00 S2ES-DO-113 39.324578 80.749619 INT Open Cut 44.0 - - - 6.03 S1ES-DO-111 39.324683 80.749912 EPH Open Cut 44.0 - - - Backfill of 318 6.65 Sherwood S1ES-DO-112 39.330978 80.757918 INT Open Cut 44.0 - - - trench line Backfill of 319 6.82 Sherwood W4H-DO-253 39.332321 80.760663 PFO Open Cut - 0.087 0.087 0.027 trench line 6.93 W4H-DO-252 39.33389 80.760678 PEM Open Cut - 0.026 0.026 0.003 Backfill of 320 Sherwood 6.94 S4H-DO-251 39.333945 80.760593 PER Open Cut 44.0 - - - trench line

8.15 S2ES-DO-130 39.347041 80.774101 INT Open Cut 44.0 - - - Backfill of 322 Sherwood 8.16 S2ES-DO-129 39.347049 80.774243 PER Open Cut 44.0 - - - trench line Backfill of 323 9.20 Sherwood S1ES-DO-121 39.355935 80.784874 PER Open Cut 44.0 - - - trench line 9.63 S3ES-DO-101 39.360654 80.790076 EPH Open Cut 44.0 - - - Backfill of 324 9.68 Sherwood S3ES-DO-103 39.360249 80.790181 EPH Open Cut 44.0 - - - trench line 9.71 S3ES-DO-104 39.360509 80.791454 EPH Open Cut 44.0 - - -

10.50 S3ES-TY-109 39.367374 80.800088 EPH Open Cut 44.0 - - - Backfill of 325 Sherwood 10.51 S3ES-TY-112 39.367216 80.801086 EPH Open Cut 44.0 - - - trench line 10.91 S3ES-TY-115 39.371018 80.80602 EPH Open Cut 44.0 - - - Backfill of 326 10.94 Sherwood S3ES-TY-116 39.371143 80.806415 EPH Open Cut 44.0 - - - trench line 10.94 S3ES-TY-118 39.371036 80.806726 EPH Open Cut 44.0 - - - Backfill of 327 11.05 Sherwood S3ES-TY-120 39.372455 80.807473 EPH Open Cut 44.0 - - - trench line Backfill of 328 11.14 Sherwood S3ES-TY-122 39.37341 80.808007 EPH Open Cut 44.0 - - - trench line 11.40 S5ES-TY-100 39.376054 80.811618 EPH Open Cut 44.0 - - - 11.40 S3ES-TY-124 39.376129 80.811818 EPH Open Cut 44.0 - - - Backfill of 329 11.43 Sherwood S5ES-TY-102 39.376366 80.811902 EPH Open Cut 44.0 - - - trench line 11.51 S5ES-TY-104 39.37712 80.813231 INT Open Cut 44.0 - - - 11.51 W5ES-TY-105 39.37734 80.813366 PEM Open Cut - 0.093 0.093 0.041 Backfill of 330 11.78 Sherwood S5ES-TY-112 39.379937 80.817215 EPH Open Cut 44.0 - - - trench line Backfill of 331 11.87 Sherwood S5ES-TY-113 39.380907 80.817738 EPH Open Cut 44.0 - - - trench line Backfill of 332 12.07 Sherwood S1ES-TY-124 39.382657 80.820452 INT Open Cut 44.0 - - - trench line Backfill of 333 12.24 Sherwood S1ES-TY-123 39.38327 80.822924 INT Open Cut 44.0 - - - trench line Backfill of 334 13.16 Sherwood S2ES-TY-143 39.392317 80.832864 PER Open Cut 44.0 - - - trench line

14.72 W4ES-TY-109 39.401482 80.856558 PEM Open Cut - 0.061 0.061 0.010 Backfill of 338 Sherwood 14.73 S4ES-TY-108 39.401563 80.856454 EPH Open Cut 44.0 - - - trench line Backfill of 339 14.97 Sherwood S4ES-TY-111 39.403651 80.860022 EPH Open Cut 44.0 - - - trench line Backfill of 340 15.19 Sherwood S4ES-TY-115 39.40531 80.863214 PER Open Cut 44.0 - - - trench line Backfill of 341 16.40 Sherwood S1ES-TY-253 39.415894 80.879294 INT Open Cut 44.0 - - - trench line 16.48 S1ES-TY-251 39.415914 80.880619 EPH Open Cut 44.0 - - - Backfill of 342 16.51 Sherwood S1ES-TY-250 39.415882 80.88119 EPH Open Cut 44.0 - - - trench line 16.52 S1ES-TY-249 39.415845 80.881449 EPH Open Cut 44.0 - - - Backfill of 343 16.58 Sherwood S1ES-TY-247 39.415902 80.882585 EPH Open Cut 44.0 - - - trench line Temporary No Utility 344 16.59 Sherwood W1ES-TY-248 39.415868 80.882693 PEM - 0.009 0.009 0.000 Construction Crossing Activities Backfill of 345 16.69 Sherwood W7H-TY-474 39.415739 80.884557 PEM Open Cut - 0.042 0.042 0.010 trench line Backfill of 346 16.85 Sherwood S2ES-TY-148 39.415032 80.887392 INT Open Cut 44.0 - - - trench line 16.97 S2ES-TY-147 39.415996 80.889059 EPH Open Cut 44.0 - - - Backfill of 347 Sherwood 16.99 S2ES-TY-146 39.416254 80.889399 EPH Open Cut 44.0 - - - trench line Backfill of 348 17.26 Sherwood S2TB-TY-177 39.419362 80.892336 EPH Open Cut 44.0 - - - trench line 17.37 S2TB-TY-182 39.420357 80.893968 EPH Open Cut 44.0 - - - Backfill of 349 Sherwood 17.42 S2TB-TY-183 39.42068 80.894665 EPH Open Cut 44.0 - - - trench line Backfill of 350 17.62 Sherwood S2TB-TY-186 39.422652 80.897639 INT Open Cut 44.0 - - - trench line Backfill of 351 18.69 Sherwood S5ES-TY-119 39.435974 80.90402 INT Open Cut 44.0 - - - trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 352 18.98 Sherwood S2ES-TY-151 39.4388 80.907825 INT Open Cut 44.0 - - - trench line Backfill of 353 19.36 Sherwood S2ES-TY-152 39.441791 80.91323 PER Open Cut 44.0 - - - trench line Backfill of 354 19.58 Sherwood S2ES-TY-153 39.44445 80.915095 EPH Open Cut 44.0 - - - trench line Backfill of 355 20.18 Sherwood S4H-TY-282 39.452082 80.916113 PER Open Cut 44.0 - - - trench line Backfill of 356 20.47 Sherwood S4H-TY-258 39.456171 80.919065 PER Open Cut 44.0 - - - trench line Backfill of 357 21.97 Sherwood S7H-TY-304 39.469325 80.937722 INT Open Cut 44.0 - - - trench line Backfill of 358 22.24 Sherwood S7H-TY-308 39.472426 80.940668 INT Open Cut 44.0 - - - trench line Temporary No Utility 359 23.01 Sherwood W1ES-TY-113 39.480614 80.946706 PEM - 0.005 0.005 0.000 Construction Crossing Activities Backfill of 360 23.05 Sherwood W1ES-TY-114 39.481159 80.946664 PEM Open Cut - 0.108 0.108 0.018 trench line 23.28 S1ES-TY-115 39.483597 80.949871 PER Open Cut 44.0 - - - Backfill of 361 Sherwood 23.32 S2ES-TY-115 39.484081 80.950036 INT Open Cut 44.0 - - - trench line Backfill of 362 23.82 Sherwood S4H-TY-279 39.488151 80.956844 INT Open Cut 44.0 - - - trench line Backfill of 363 24.01 Sherwood S4H-TY-280 39.490308 80.959172 INT Open Cut 44.0 - - - trench line Backfill of 364 24.13 Sherwood S4H-TY-281 39.491501 80.960692 INT Open Cut 44.0 - - - trench line Backfill of 365 24.27 Sherwood S4H-TY-285 39.492688 80.962713 INT Open Cut 44.0 - - - trench line Backfill of 366 24.68 Sherwood S4H-TY-287 39.496874 80.968195 INT Open Cut 44.0 - - - trench line Backfill of 367 24.79 Sherwood S4H-TY-288 39.497868 80.969706 INT Open Cut 44.0 - - - trench line - 25.00 S7H-TY-274 39.500215 80.972235 PER HDD 0.0 - - - - Sherwood - 25.02 S7H-TY-273 39.501051 80.97331 INT HDD 0.0 - - - - Backfill of 368 25.40 Sherwood S7H-TY-270 39.505 80.977646 INT Open Cut 44.0 - - - trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Temporary No Utility 369 25.56 Sherwood W7H-TY-269 39.506433 80.979106 PSS - 0.052 0.052 0.000 Construction Crossing Activities 25.57 W7H-TY-267 39.507267 80.978698 PEM Open Cut - 0.468 0.468 0.145 Backfill of 370 Sherwood 25.61 S7H-TY-268 39.507818 80.978592 INT Open Cut 44.0 - - - trench line 26.16 S7H-TY-314 39.514914 80.977046 EPH Open Cut 44.0 - - - Backfill of 371 Sherwood 26.17 S7H-TY-315 39.515153 80.977281 INT Open Cut 44.0 - - - trench line Backfill of 372 26.32 Sherwood S7H-TY-281 39.51705 80.97715 EPH Open Cut 44.0 - - - trench line Backfill of 373 26.39 Sherwood S7H-TY-280 39.517871 80.977852 EPH Open Cut 44.0 - - - trench line 27.27 S5ES-TY-121 39.530073 80.976053 INT Open Cut 44.0 - - - Backfill of 374 Sherwood 27.31 S5ES-TY-122 39.530542 80.975857 EPH Open Cut 44.0 - - - trench line Backfill of 375 27.48 Sherwood S5ES-TY-124 39.531936 80.973379 EPH Open Cut 44.0 - - - trench line 28.04 S5ES-TY-130 39.538851 80.969491 PER Open Cut 44.0 - - - Backfill of 376 Sherwood 28.04 W5ES-TY-131 39.538904 80.969311 PEM Open Cut - 0.047 0.047 0.015 trench line Backfill of 377 28.28 Sherwood S5ES-TY-132 39.540428 80.966816 PER Open Cut 44.0 - - - trench line Backfill of 378 29.35 Sherwood S2TB-TY-189 39.553501 80.959703 INT Open Cut 44.0 - - - trench line Backfill of 379 29.83 Sherwood S1ES-TY-144 39.559331 80.956169 INT Open Cut 44.0 - - - trench line 30.34 S1ES-TY-148 39.564834 80.951421 EPH Open Cut 44.0 - - - 30.35 S1ES-TY-149 39.564988 80.951522 EPH Open Cut 44.0 - - - Backfill of 380 Sherwood 30.36 S1ES-TY-146 39.564899 80.951293 EPH Open Cut 44.0 - - - trench line 30.39 S2TB-TY-193 39.565161 80.950837 EPH Open Cut 44.0 - - - Backfill of 381 30.69 Sherwood S4H-TY-263 39.567682 80.946455 INT Open Cut 44.0 - - - trench line 31.09 W4H-TY-262 39.571639 80.942696 PEM Open Cut - 0.067 0.067 0.019 Backfill of 382 Sherwood 31.09 S4H-TY-261 39.571692 80.942602 INT Open Cut 44.0 - - - trench line Backfill of 383 31.65 Sherwood S4H-TY-259 39.577798 80.936829 INT Open Cut 44.0 - - - trench line 31.93 S7H-TY-320 39.580738 80.933765 INT Open Cut 44.0 - - - Backfill of 384 Sherwood 31.93 S7H-TY-322 39.581161 80.933595 EPH Open Cut 44.0 - - - trench line Backfill of 385 32.39 Sherwood S7H-TY-324 39.584775 80.926975 INT Open Cut 44.0 - - - trench line Backfill of 386 33.30 Sherwood S3H-WE-179 39.592771 80.914322 PER Open Cut 44.0 - - - trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 387 33.57 Sherwood S3H-WE-177 39.594728 80.910503 PER Open Cut 44.0 - - - trench line Temporary No Utility 388 34.73 Sherwood W3H-WE-196 39.607706 80.90486 PEM - 0.001 0.001 0.000 Construction Crossing Activities Backfill of 389 34.76 Sherwood S3H-WE-182 39.608235 80.903902 PER Open Cut 44.0 - - - trench line 34.96 S3H-WE-186 39.611051 80.905629 INT Open Cut 44.0 - - - Backfill of 390 Sherwood 34.98 S3H-WE-187 39.611267 80.90565 EPH Open Cut 44.0 - - - trench line Temporary No Utility 391 34.98 Sherwood W3H-WE-188 39.611005 80.905266 PEM - 0.062 0.062 0.000 Construction Crossing Activities Section 10 392 35.47 Sherwood S-Ohio River 1 39.61728 80.914834 PER HDD 0.0 - - - Crossing - 35.95 - S4H-MO-593 39.620799 80.918363 PER HDD 0.0 - - - - Backfill of 393 36.50 Sherwood S4H-MO-592 39.625828 80.926777 INT Open Cut 44.0 - - - trench line Temporary No Utility 394 38.00 Sherwood W2ES-MO-117 39.637274 80.948423 PEM - 0.008 0.008 0.000 Construction Crossing Activities 38.04 S4H-MO-267 39.63751 80.948965 INT Open Cut 44.0 - - - Backfill of 395 Sherwood 38.05 S4H-MO-266 39.637648 80.948926 EPH Open Cut 44.0 - - - trench line Backfill of 396 38.32 Sherwood S4H-MO-265 39.639428 80.953516 INT Open Cut 44.0 - - - trench line Backfill of 397 42.05 Sherwood S2TB-MO-221 39.678789 80.98817 INT Open Cut 44.0 - - - trench line Backfill of 398 42.95 Sherwood S4H-MO-275 39.683517 81.002965 PER Open Cut 44.0 - - - trench line 43.82 S4H-MO-273 39.692232 81.011979 PER Open Cut 44.0 - - - Backfill of 399 Sherwood 43.83 W4H-MO-272 39.692297 81.01196 PFO Open Cut - 0.131 0.131 0.053 trench line Backfill of 400 44.58 Sherwood S7H-MO-283 39.702204 81.014977 INT Open Cut 44.0 - - - trench line Backfill of 401 45.44 Sherwood S7H-MO-291 39.712141 81.022639 INT Open Cut 44.0 - - - trench line Backfill of 402 45.72 Sherwood W7H-MO-289 39.716169 81.023804 PEM Open Cut - 0.268 0.268 0.075 trench line Backfill of 403 46.08 Sherwood S2ES-MO-360 39.719746 81.02676 PER Open Cut 44.0 - - - trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 404 47.42 Sherwood S2TB-MO-213 39.73703 81.030291 EPH Open Cut 44.0 - - - trench line 47.66 S2TB-MO-215 39.740136 81.029013 PER Open Cut 44.0 - - - Backfill of 405 Sherwood 47.67 W2TB-MO-216 39.740216 81.028841 PEM Open Cut - 0.208 0.208 0.057 trench line 48.54 W2TB-MO-205 39.752636 81.028039 PSS Open Cut - 0.186 0.186 0.067 Backfill of 406 Sherwood 48.54 S2TB-MO-206 39.752623 81.027917 PER Open Cut 44.0 - - - trench line 0.13 S4H-HR-613 40.247262 81.085913 EPH Open Cut 64 - - - Backfill of 407 0.13 Supply Connector S4H-HR-615 40.247559 81.085098 EPH Open Cut 44.5 - - - trench line 0.19 S4H-HR-612 40.247974 81.085872 EPH Open Cut 64 - - - Backfill of 408 0.34 Supply Connector S2ST-HR-155 40.250337 81.085605 EPH Open Cut 64 - - - trench line Backfill of 409 0.42 Supply Connector S4H-HR-623 40.251039 81.086628 EPH Open Cut 64 - - - trench line 0.66 S2ST-HR-157 40.254177 81.089224 PER Open Cut 64 - - - Backfill of 410 Supply Connector 0.67 W4H-HR-609 40.253938 81.089653 PFO Open Cut - 0.225 0.225 0.119 trench line Backfill of 411 1.01 Supply Connector S2ES-HR-254 40.258476 81.091673 INT Open Cut 64 - - - trench line 1.29 S2ES-HR-252 40.261896 81.094065 PER Open Cut 64 - - - Backfill of 412 Supply Connector 1.33 W2ES-HR-251 40.262336 81.094073 PEM Open Cut - 0.801 0.801 0.284 trench line 3.13 S2ST-HR-161 40.28655 81.093667 PER Open Cut 64 - - - Backfill of 413 Supply Connector 3.13 W2ST-HR-162 40.286728 81.093473 PEM Open Cut - 0.107 0.107 0.049 trench line Backfill of 414 4.48 Supply Connector S2ES-HR-255 40.304539 81.09604 PER Open Cut 64 - - - trench line Backfill of 415 5.18 Supply Connector S4H-HR-491 40.313251 81.096313 PER Open Cut 64 - - - trench line Backfill of 416 5.36 Supply Connector W4H-HR-492 40.314838 81.095422 PEM Open Cut - 0.524 0.524 0.094 trench line 6.92 W4ES-HR-221 40.336044 81.099876 PEM Open Cut - 0.446 0.446 0.186 Backfill of 417 Supply Connector 6.98 S4ES-HR-222 40.336896 81.099749 PER Open Cut 64 - - - trench line Backfill of 418 7.09 Supply Connector W4ES-HR-223 40.338115 81.102401 PEM Open Cut - 2.203 2.203 0.85 trench line 8.38 W2ST-HR-165 40.353796 81.111446 PEM Open Cut - 0.104 0.104 0.027 Backfill of 419 Supply Connector 8.4 S2ST-HR-164 40.353786 81.111738 PER Open Cut 64 - - - trench line 8.85 S2ST-HR-167 40.356887 81.119265 PER Open Cut 64 - - - Backfill of 420 Supply Connector 8.85 W4H-HR-366 40.35702 81.119149 PEM Open Cut - 0.048 0.048 0.026 trench line

Flow Temporary Temporary Temporary Permanent Utility Line Regulated Permit Mile Line Aquatic Regime or Fill Length Fill Area of Corridor Corridor Latitude Longitude Crossing Discharge Area Post Segment Resource ID Cowardin of Stream Wetland Wetland Wetland Method Activity Class Crossing (lf) Crossing (ac) Area (ac) Area (ac) Backfill of 421 8.96 Supply Connector S4ES-HR-224 40.357637 81.121184 INT Open Cut 64 - - - trench line Backfill of 422 10.03 Supply Connector W4ES-HR-225 40.366522 81.136705 PEM Open Cut - 0.099 0.099 0.059 trench line 10.11 S4ES-HR-226 40.367556 81.13716 INT Open Cut 64 - - - Backfill of 423 10.13 Supply Connector S4ES-HR-228 40.36809 81.13768 PER Open Cut 64 - - - trench line 10.14 W4ES-HR-229 40.368086 81.137906 PEM Open Cut - 0.379 0.379 0.108 11.33 W3H-HR-209 40.378104 81.152392 PEM Open Cut - 0.013 0.013 0 Backfill of 424 Supply Connector 11.34 S3H-HR-208 40.378842 81.152134 PER Open Cut 64 - - - trench line 12.49 S9H-HR-130 40.391098 81.163809 PER Open Cut 64 - - - Backfill of 425 Supply Connector 12.49 W9H-HR-132 40.390863 81.163725 PFO Open Cut - 0.368 0.368 0.185 trench line Backfill of 426 13.44 Supply Connector S2ES-HR-264 40.400169 81.174169 EPH Open Cut 64 - - - trench line Temporary No Utility 427 13.68 Supply Connector W2ES-HR-265 40.400508 81.178358 PEM - 0.049 0.049 0 Construction Crossing Activities Backfill of 428 13.69 Supply Connector S2ES-HR-266 40.400177 81.17862 INT Open Cut 64 - - - trench line 13.94 S4H-HR-479 40.398721 81.182627 INT Open Cut 64 - - - Backfill of 429 13.94 Supply Connector W2ES-HR-249 40.399558 81.182258 PEM Open Cut - 0.188 0.188 0.075 trench line 13.95 S4H-HR-480 40.398744 81.18283 PER Open Cut 64 - - - Backfill of 430 14.08 Supply Connector S4H-HR-477 40.398909 81.185195 INT Open Cut 64 - - - trench line Temporary No Utility 431 14.1 Supply Connector W4H-HR-474 40.399181 81.185361 PEM - 0.024 0.024 0.004 Construction Crossing Activities Temporary No Utility 432 14.2 Supply Connector W4H-HR-476 40.3995 81.186809 PEM - 0.04 0.04 0.001 Construction Crossing Activities Backfill of 433 14.21 Supply Connector S4H-HR-475 40.399466 81.187411 INT Open Cut 64 - - - trench line Backfill of 434 14.5 Supply Connector S2ES-HR-248 40.402829 81.190365 INT Open Cut 64 - - - trench line 14.78 S3ES-HR-244 40.404558 81.195179 PER Open Cut 64 - - - Backfill of 435 Supply Connector 14.81 S5ES-HR-169 40.404989 81.195345 INT Open Cut 64 - - - trench line Temporary No Utility 436 14.83 Supply Connector W5ES-HR-170 40.40484 81.196081 PEM - 0.07 0.07 0.014 Construction Crossing Activities

Total(s) 20,293.5 65.516 65.516 25.4

Note: A buffer zone will be established for aquatic resources located within the right-of-way that are not crossed by pipeline(s) to avoid impacts. Aquatic resources within the right-of-way that not crossed by the pipeline(s) will be protected and avoided with an established buffer zone. Certain aquatic resources in close proximity may be indirectly affected by ‘Temporary Construction Activities’ to facilitate access and assembly. Temporary Construction Activities include: use of timber mats, stream protection culverts, pipe assembly, or soil segregation areas.

Table 2 –Partial waiver (24-48 hours) granted by ODNR for in-water work restrictions Streams Crossed by the Rover Pipeline Project within the Huntington District Rover Pipeline, LLC – LRH-2014-00804

Length in Designat Impact Proposed USACE Enter Construc Facility Stream ID Flow ed Use Existing Use 2 Width Impact Type Crossing District Milepost tion ROW (3745-1) 1 (feet) 3 Method (feet)

Huntington Berne Lateral S4H-MO-650 0.11 Perennial WWH Excellent 76.41 7.0 Utility crossing Open Cut

Huntington Berne Lateral S4H-MO-651 0.50 Perennial WWH Good 76.82 25.0 Utility crossing Open Cut

Huntington Berne Lateral S9H-MO-123 1.34 Perennial WWH Fair 91.05 5.5 Utility crossing Open Cut

Huntington Berne Lateral S3ES-MO-239 1.83 Perennial WWH Fair 89.01 9.0 Utility crossing Open Cut

Huntington Berne/Seneca Lateral S1TB-NO-122 3.18 Perennial WWH Undefined 163.38 5.0 Utility crossing Open Cut

Huntington Berne/Seneca Lateral S1TB-NO-120 3.37 Perennial WWH Class III 246.68 5.0 Utility crossing Open Cut

Huntington Berne/Seneca Lateral S4H-NO-291 3.94 Perennial WWH Class III 146.74 3.5 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-241 39.70 Perennial WWH Class III 175.29 5.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-237 40.47 Perennial WWH Class III 140.93 7.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-236 40.72 Perennial WWH Class III 130.54 4.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-234 40.88 Perennial WWH Class I 166.73 4.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2ES-CA-220 41.83 Perennial WWH Fair 173.39 5.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-264 42.16 Perennial WWH Class III 158.97 10.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-261 42.48 Perennial WWH Undefined 138.92 3.5 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-266 43.36 Perennial WWH Fair 154.18 12.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-244 43.71 Perennial WWH Class II 123.71 6.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-247 44.29 Perennial WWH Undefined 147.84 5.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2ES-CA-178 45.49 Perennial WWH Modified Class II 117.06 2.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2ES-CA-169 45.86 Perennial WWH Class II 101.37 3.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2ES-CA-167 46.26 Perennial WWH Class II 105.68 4.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2ES-CA-275 46.56 Perennial WWH Modified Class II 178.58 3.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2ES-CA-185 49.63 Perennial WWH Good 137.02 45.0 Utility crossing Open Cut

Huntington Burgettstown Lateral S2TB-CA-998 50.62 Perennial WWH Good 200.16 2.0 Utility crossing Open Cut

Huntington Cadiz Lateral S7H-HA-475 1.41 Perennial WWH Fair 160.45 12.0 Utility crossing Open Cut

Huntington Cadiz Lateral S4H-HA-427 2.62 Perennial WWH Good 127.91 12.0 Utility crossing Open Cut

Huntington Cadiz Lateral S2ST-HR-124 2.88 Perennial WWH Modified Class II 152.50 3.5 Utility crossing Open Cut

Huntington Clarington Lateral S4H-HA-345 28.00 Perennial WWH Modified Class I 167.65 2 Utility crossing Open Cut

Huntington Clarington Lateral S4H-HA-343 28.36 Perennial WWH Fair 141.36 4.5 Utility crossing Open Cut Table 2 –Partial waiver (24-48 hours) granted by ODNR for in-water work restrictions Streams Crossed by the Rover Pipeline Project within the Huntington District Rover Pipeline, LLC – LRH-2014-00804

Length in Designat Impact Proposed USACE Enter Construc Facility Stream ID Flow ed Use Existing Use 2 Width Impact Type Crossing District Milepost tion ROW (3745-1) 1 (feet) 3 Method (feet)

Huntington Clarington Lateral S4H-HA-667 28.73 Perennial WWH Good 148.65 7.0 Utility crossing Open Cut

Huntington Clarington Lateral S4ES-HA-188 30.07 Perennial WWH Modified Class II 271.22 9.0 Utility crossing Open Cut

Huntington Clarington Lateral S4ES-HA-193 30.64 Perennial WWH Modified Class II 153.17 3.0 Utility crossing Open Cut

Huntington Clarington Lateral S8H-HR-203 31.53 Perennial WWH Fair 202.39 25.0 Utility crossing Open Cut

Huntington Seneca Lateral S1TB-MO-127 2.19 Perennial WWH Fair 125.82 15.0 Utility crossing Open Cut

Huntington Seneca Lateral S1TB-MO-129 3.69 Perennial WWH Good 139.07 25.0 Utility crossing Open Cut

Huntington Seneca Lateral S1TB-MO-134 4.61 Perennial WWH Good 138.81 8.0 Utility crossing Open Cut

Huntington Seneca Lateral S1H-MO-163 5.16 Perennial WWH Modified Class II 101.64 3.5 Utility crossing Open Cut

Huntington Seneca Lateral S4H-MO-200 5.75 Perennial WWH Good 135.71 3.0 Utility crossing Open Cut

Huntington Sherwood Lateral S4H-MO-277 39.10 Perennial WWH Class III 84.38 3.5 Utility crossing Open Cut

Huntington Sherwood Lateral S4H-MO-275 42.95 Perennial WWH Good 129.19 15.0 Utility crossing Open Cut

Huntington Sherwood Lateral S4H-MO-273 43.82 Perennial WWH Good 75.45 15.0 Utility crossing Open Cut

Huntington Sherwood Lateral S2ES-MO-360 46.08 Perennial WWH Good 126.71 30.0 Utility crossing Open Cut None Huntington Sherwood Lateral S2TB-MO-215 47.66 Perennial Class III 121.65 7.0 Utility crossing Open Cut identified Huntington Sherwood Lateral S2TB-MO-206 48.54 Perennial WWH Class I 125.65 2.5 Utility crossing Open Cut

Pittsburgh Sherwood Lateral S4H-MO-270 49.22 Perennial WWH Class III 157.39 6.0 Utility crossing Open Cut

Pittsburgh Sherwood Lateral S7H-MO-286 50.27 Perennial WWH Good 138.53 61.0 Utility crossing Open Cut

Pittsburgh Sherwood Lateral S2TB-MO-210 52.71 Perennial WWH Good 126.26 25.0 Utility crossing Open Cut Supply Connector A & Huntington S2ST-HR-157 0.66 Perennial WWH Class III 118.58 5.0 Utility crossing Open Cut B Supply Connector A & Huntington S2ES-HR-252 1.29 Perennial WWH Good 127.62 3.5 Utility crossing Open Cut B Supply Connector A & Huntington S2ST-HR-161 3.13 Perennial WWH Undefined 125.77 3.5 Utility crossing Open Cut B Supply Connector A & Huntington S2ES-HR-255 4.48 Perennial WWH Fair 189.96 20.0 Utility crossing Open Cut B Supply Connector A & None Huntington S4H-HR-491 5.18 Perennial Class II 526.51 4.5 Utility crossing Open Cut B identified Supply Connector A & Huntington S4ES-HR-222 6.98 Perennial WWH Good 161.80 28.0 Utility crossing Open Cut B Supply Connector A & None Huntington S2ST-HR-164 8.40 Perennial Class III 139.51 6.0 Utility crossing Open Cut B identified Supply Connector A & Huntington S2ST-HR-167 8.85 Perennial WWH Fair 127.30 6.0 Utility crossing Open Cut B Supply Connector A & Huntington S4ES-HR-228 10.13 Perennial WWH Modified Class II 206.37 3.5 Utility crossing Open Cut B Table 2 –Partial waiver (24-48 hours) granted by ODNR for in-water work restrictions Streams Crossed by the Rover Pipeline Project within the Huntington District Rover Pipeline, LLC – LRH-2014-00804

Length in Designat Impact Proposed USACE Enter Construc Facility Stream ID Flow ed Use Existing Use 2 Width Impact Type Crossing District Milepost tion ROW (3745-1) 1 (feet) 3 Method (feet) Supply Connector A & Huntington S3H-HR-208 11.34 Perennial WWH Class II 164.30 2.5 Utility crossing Open Cut B Supply Connector A & Huntington S9H-HR-130 12.49 Perennial WWH Modified Class II 107.65 2.5 Utility crossing Open Cut B Supply Connector A & Huntington S4H-HR-480 13.95 Perennial WWH Class I 142.78 1.5 Utility crossing Open Cut B Supply Connector A & Huntington S3ES-HR-244 14.78 Perennial WWH Undefined 139.23 5.0 Utility crossing Open Cut B Supply Connector A & Huntington S2ES-HR-267 16.05 Perennial WWH Modified Class II 109.14 2.0 Utility crossing Open Cut B Supply Connector A & Huntington S2ST-CA-151 17.33 Perennial WWH Class III 187.29 9.0 Utility crossing Open Cut B Supply Connector A & Huntington S2ST-CA-144 18.15 Perennial WWH Class I 189.44 2.0 Utility crossing Open Cut B Supply Connector A & Huntington S2TB-CA-251 18.28 Perennial WWH Class II 196.99 2.0 Utility crossing Open Cut B Huntington Mainlines A & B S2ES-CA-232 19.05 Perennial WWH Undefined 303.06 7.0 Utility crossing Open Cut

Huntington Mainlines A & B S2ST-CA-139 21.02 Perennial WWH Good 139.30 10.0 Utility crossing Open Cut

Huntington Mainlines A & B S2ST-CA-142 21.49 Perennial WWH Good 136.77 12.0 Utility crossing Open Cut

Huntington Mainlines A & B S4ES-CA-205 22.46 Perennial WWH Modified Class II 180.30 2.5 Utility crossing Open Cut

Huntington Mainlines A & B S1ES-TU-105 24.23 Perennial WWH Fair 156.50 45.0 Utility crossing Open Cut

Huntington Mainlines A & B S4ES-TU-231 26.57 Perennial WWH Fair 155.86 6.0 Utility crossing Open Cut

Huntington Mainlines A & B S4ES-TU-233 26.75 Perennial WWH Fair 151.89 40.0 Utility crossing Open Cut

Huntington Mainlines A & B S2ES-TU-100 27.98 Perennial WWH Good 433.18 14.0 Utility crossing Open Cut

Huntington Mainlines A & B S2H-TU-159 28.60 Perennial WWH Modified Class II 149.98 3.2 Utility crossing Open Cut

Huntington Mainlines A & B S4ES-TU-218 29.10 Perennial WWH Good 156.89 45.0 Utility crossing Open Cut

Huntington Mainlines A & B S2ES-TU-258 29.73 Perennial WWH Good 159.30 6.0 Utility crossing Open Cut

Huntington Mainlines A & B S4ES-TU-241 31.80 Perennial WWH Good 139.07 15.0 Utility crossing Open Cut

Huntington Mainlines A & B S1M-TU-199 33.85 Perennial WWH Class II 151.52 2.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-TU-376 35.01 Perennial WWH Modified Class II 162.71 3.0 Utility crossing Open Cut

Huntington Mainlines A & B S1M-TU-190 36.96 Perennial WWH Good 155.68 15.5 Utility crossing Open Cut

Huntington Mainlines A & B S1M-ST-188 38.05 Perennial WWH Good 99.90 13.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-ST-369 39.09 Perennial WWH Modified Class I 208.07 2.5 Utility crossing Open Cut

Huntington Mainlines A & B S1M-ST-176 40.94 Perennial WWH Class II 171.13 5.0 Utility crossing Open Cut

Huntington Mainlines A & B S9H-ST-101 45.22 Perennial WWH Modifed Class II 145.58 14.0 Utility crossing Open Cut Table 2 –Partial waiver (24-48 hours) granted by ODNR for in-water work restrictions Streams Crossed by the Rover Pipeline Project within the Huntington District Rover Pipeline, LLC – LRH-2014-00804

Length in Designat Impact Proposed USACE Enter Construc Facility Stream ID Flow ed Use Existing Use 2 Width Impact Type Crossing District Milepost tion ROW (3745-1) 1 (feet) 3 Method (feet)

Huntington Mainlines A & B S1M-ST-161 46.46 Perennial WWH Modified Class I 200.16 1.0 Utility crossing Open Cut

Huntington Mainlines A & B S1M-ST-163 46.65 Perennial WWH Modified Class II 153.51 2.5 Utility crossing Open Cut

Huntington Mainlines A & B S3H-ST-175 47.90 Perennial WWH Poor 333.50 35.0 Utility crossing Open Cut

Huntington Mainlines A & B S7H-ST-186 48.68 Perennial WWH Modified Class II 185.51 25.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-ST-199 48.78 Perennial WWH Fair 115.08 10.5 Utility crossing Open Cut

Huntington Mainlines A & B S1M-ST-158 49.01 Perennial WWH Fair 67.68 14.0 Utility crossing Open Cut

Huntington Mainlines A & B S1TB-WA-107 59.69 Perennial WWH Poor 169.47 9.0 Utility crossing Open Cut

Huntington Mainlines A & B S1TB-WA-110 60.65 Perennial WWH Good 148.73 8.0 Utility crossing Open Cut

Huntington Mainlines A & B S2H-WA-143 61.79 Perennial WWH Modified Class II 171.02 2.0 Utility crossing Open Cut

Huntington Mainlines A & B S2H-WA-138 62.91 Perennial WWH Fair 275.67 6.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-WA-177 63.40 Perennial WWH Good 142.70 13.0 Utility crossing Open Cut None Huntington Mainlines A & B S1M-WA-138 67.52 Perennial Good 208.95 12.0 Utility crossing Open Cut identified Huntington Mainlines A & B S1M-WA-153 68.27 Perennial WWH Modified Class II 150.18 16.0 Utility crossing Open Cut

Huntington Mainlines A & B S1M-WA-152 68.28 Perennial WWH Modified Class II 150.32 16.0 Utility crossing Open Cut

Huntington Mainlines A & B S1M-WA-151 68.43 Perennial WWH Modified Class II 150.52 15.0 Utility crossing Open Cut

Huntington Mainlines A & B S1M-WA-149 68.62 Perennial WWH Modified Class II 73.23 8.0 Utility crossing Open Cut

Huntington Mainlines A & B S3H-WA-146 69.39 Perennial WWH Class II 155.59 2.5 Utility crossing Open Cut

Huntington Mainlines A & B S7H-WA-178 69.93 Perennial WWH Good 233.57 25.0 Utility crossing Open Cut

Huntington Mainlines A & B S3H-WA-148 71.21 Perennial WWH Class III 154.50 7.0 Utility crossing Open Cut

Huntington Mainlines A & B S1M-WA-156 75.66 Perennial WWH Fair 136.59 4.5 Utility crossing Open Cut

Huntington Mainlines A & B S1TB-WA-116 77.00 Perennial WWH Class II 155.10 12.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-WA-583 77.51 Perennial WWH Modified Class II 126.90 9.0 Utility crossing Open Cut

Huntington Mainlines A & B S3H-WA-155 78.36 Perennial WWH Poor 162.96 17.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-WA-467 78.62 Perennial WWH Very Poor 181.94 6.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-WA-468 79.07 Perennial WWH Good 177.22 35.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-AS-234 81.02 Perennial WWH Modified Class II 202.43 2.8 Utility crossing Open Cut

Huntington Mainlines A & B S4H-AS-236 81.17 Perennial WWH Modified Class II 206.54 2.5 Utility crossing Open Cut

Huntington Mainlines A & B S2H-AS-119 81.32 Perennial WWH Good 216.71 19.0 Utility crossing Open Cut Table 2 –Partial waiver (24-48 hours) granted by ODNR for in-water work restrictions Streams Crossed by the Rover Pipeline Project within the Huntington District Rover Pipeline, LLC – LRH-2014-00804

Length in Designat Impact Proposed USACE Enter Construc Facility Stream ID Flow ed Use Existing Use 2 Width Impact Type Crossing District Milepost tion ROW (3745-1) 1 (feet) 3 Method (feet)

Huntington Mainlines A & B S1H-AS-115 83.52 Perennial WWH Fair 157.84 7.0 Utility crossing Open Cut

Huntington Mainlines A & B S1H-AS-113 83.74 Perennial WWH Class I 163.62 4.5 Utility crossing Open Cut

Huntington Mainlines A & B S2H-AS-109 84.33 Perennial WWH - 119.25 45.0 Utility crossing Open Cut

Huntington Mainlines A & B S2H-AS-106 84.42 Perennial WWH Modified Class II 180.94 4.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-AS-391 86.52 Perennial CWH Excellent 234.24 1.5 Utility crossing Dry

Huntington Mainlines A & B S4H-AS-397 89.12 Perennial CWH Class III 227.99 3.5 Utility crossing Dry

Huntington Mainlines A & B S3H-AS-105 89.84 Perennial CWH Class II 164.99 6.5 Utility crossing Dry

Huntington Mainlines A & B S3H-AS-106 90.26 Perennial CWH Class III 159.76 7.0 Utility crossing Dry

Huntington Mainlines A & B S4H-AS-401 90.65 Perennial CWH Class III 268.29 6.0 Utility crossing Dry

Huntington Mainlines A & B S1H-AS-131 93.55 Perennial WWH Class III 165.40 12.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-AS-608 95.19 Perennial WWH Excellent 138.03 20.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-RI-239 99.16 Perennial WWH Good 194.30 18.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-RI-154 104.22 Perennial WWH Poor 157.30 15.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-RI-155 106.86 Perennial WWH Modified Class II 198.29 6.0 Utility crossing Open Cut

Huntington Mainlines A & B S7H-RI-154 109.30 Perennial WWH Good 141.58 35.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-RI-157 110.31 Perennial WWH Modified Class II 173.87 3.0 Utility crossing Open Cut

Huntington Mainlines A & B S4H-CR-158 114.55 Perennial WWH Very Poor 272.37 8.0 Utility crossing Open Cut

Table 3 –Areas requiring a Consent to Easement from the Huntington District Real Estate Division Rover Pipeline, LLC – LRH-2014-00804

USACE FLOWAGE SHEET USACE EASEMENT NUMBERS MP to MP ROVER TRACT # TRACT # CLOSED COMMENTS TAPPAN 32 4.47 to 4.48 OH-HR-015.000 28D NO HARRISON COUNTY 4.7 to 4.82 OH-HR-015.000 40D NO OH-HR- 37 / 39 6.82 to 7.17 021/22.000 45D & 32D NO DOVER CARROLL COUNTY 21.5 OH-CA-012.000 381 & 18 NO Creek

24 OH-TU-006.000 412 NO Enter Main Footprint THROUGH

25.4 OH-TU-010.000 865 & 866 NO Exit Main Footprint 11-18-25-55- 64 26.3 OH-TU-011.000 755 & 234D YES Enter Main Footprint 65-66-72-73- 751, 744 & 74 THROUGH 750

82-88 OH-TU-014.000 TUSCARAWAS COUNTY 28.11 to 28.29 OH-TU-014.000 666 NO Exit / Enter THROUGH 29.97 OH-TU-021.000 44 NO Exit Main Footprint 31.76 to OH-TU-025- 31.88 027.000 547 NO Exit / Enter 757 & 432 STARK 39.68 to OH-ST-011 / COUNTY 40.14 12.000 352 & 181D Enter / Exit 40.87 to 41 OH-ST-014.000 86D &92D Enter / Exit OH-ST-016- 42 to 42.26 018.000 379 & 387 Enter / Exit Table 3 –Areas requiring a Consent to Easement from the Huntington District Real Estate Division Rover Pipeline, LLC – LRH-2014-00804

33.81 to Enter Main Footprint at Finger BOLIVAR 33.92 OH-TU-033.000 394 / Exit TUSCARAWAS COUNTY 34.94 OH-TU-036.000 180D Enter Main Footprint 166D 35.09 to 35.1 171D Hill 490 35.26 to 35.35 THROUGH 23D Hill 37 37.1 to 37.11 Hill 1-5-10-11-15- 16-19 STARK COUNTY 37.23 0H-ST-000.510 483 OR 433 Exit Main Footprint 37.39 to Enter Main Footprint at Finger 37.48 OH-ST-000.510 47D / Exit 37.75 OH-ST-000.520 518 Enter Main Footprint 38.35 OH-ST-007.000 508A Exit Main Footprint BOLIVAR

CARROLL OH-CA-HL-075- COUNTY 100-101 49.67 076.000 296 Burgettstown Lateral @ Creek BEACH CITY 47.32 89D Enter Main Footprint OH-ST-036.000 56D 35D STARK COUNTY 16-17-19-20 THROUGH 55D 57D 49 OH-ST-044.000 226 Exit Main Footprint MOHICANVILLE 77.5 Enter Main Footprint OH-WA-098.500 137 &153 YES WAYNE COUNTY 187 13/ 22/ 23 THROUGH 174 152 Table 3 –Areas requiring a Consent to Easement from the Huntington District Real Estate Division Rover Pipeline, LLC – LRH-2014-00804

79.1 OH-WA-101.510 58 & 41 NO Exit Main Footprint 84.2 Enter Main Footprint OH-AS-022.000 141 N0 ASHLAND COUNTY 29 OH-AS-023.000 32D YES OH-AS-024.000 84.5 Enter Main Footprint CHARLES MILL 95 Enter Main Footprint OH-AS-055.000 191 YES ASHLAND / RICHLAND 19-20 OH-AS-058.000 164 & 112 N0 HDD Black Fork Mohican OH-RI-001.000 107 & 109 N0 96 Exit Main Footprint

Permit Number: LRH-2014-00804-OHR Rover Pipeline Project

Name of Permittee: Rover Pipeline, LLC

Date of Issuance: February 17, 2017

Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address:

Huntington District U. S. Army Corps of Engineers 502 8th Street Huntington, West Virginia 25701-2070 Attn: CELRH-RD-E

Please note that your permitted activity is subject to a compliance inspection by an U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation.

I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of the said permit.

Signature of Permittee Date

PM: W Barnett Issuance Date: March 19, 2012 Expiration Date: March 18, 2017

NWP # 12

NATIONWIDE PERMITS FOR THE STATE OF WEST VIRGINIA

CORPS OF ENGINEERS REGULATORY PROGRAM ISSUANCE OF NATIONWIDE PERMITS

On February 21, 2012, the Corps of Engineers published, in the Federal Register, the final rule for the administration of its nationwide permit program regulations under the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act, and the Marine Protection, Research and Sanctuaries Act. The rule became effective on March 19, 2012.

An integral part of the Corps’ regulatory program is the concept of nationwide permits (NWPs) for minor activities. NWPs are activity specific, and are designed to relieve some of the administrative burdens associated with permit processing for both the applicant and the Federal government. The NWPs, published in the February 21, 2012, Federal Register, Issuance of Nationwide Permits (77 FR 10184), are issued by the Chief of Engineers, and are intended to apply throughout the entire United States and its territories. The Corps Districts representing West Virginia have imposed regional conditions on the NWPs that are applicable throughout the entire state. For convenience, all NWPs with the appropriate regional, general and special conditions are attached.

In response to the Federal Register Notice (77 FR 10184), the West Virginia Department of Environmental Protection (WVDEP) has issued 401 water quality certification, pending compliance with certain conditions and/or limitations, for the following NWPs: 3, 4, 5, 6, 7, 12, 13, 14, 16, 18, 19, 20, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 45, 46, 48, 49, 50 and 51.

An individual State Water Quality Certification is required for the following NWPs: 15, 17, 23, 34 and 43. Certification response is not applicable to NWPs: 1, 2, 8, 9, 10, 11, 24, 26, 28, 35, 44, 47, and 52.

Authorization for discharges covered by NWPs is denied without prejudice if: (1) the State Certification has been denied; or (2) the discharge is not in compliance with conditions imposed in the State Certification. Applicants wishing to conduct such discharges must first obtain either an individual water quality certificate or waiver from:

Director West Virginia Department of Environmental Protection 601 57th Street Charleston, West Virginia 25304

Some NWPs require advance notification. The notification must be made in writing as early as possible prior to commencing the proposed activity. The notification procedures are located under General Condition 31. The notification to the Corps can be made concurrently with the request for individual state certification, if required. The District Engineer may require an individual permit for any activity determined to have more than minimal adverse environmental effects, individually or cumulatively, or would be contrary to the public interest.

The NWPs provide a simplified, expeditious means of project authorization under various authorities of the Corps. We encourage prospective permit applicants to consider the advantages of nationwide permit authorization during the preliminary design of their projects. Assistance and further information regarding all aspects of the Corps regulatory program may be obtained by contacting:

HUNTINGTON DISTRICT

Name: Ginger Mullins, Chief, Regulatory Division Address: U.S. Army Corps of Engineers, Huntington District 502 Eighth Street Huntington, West Virginia 25701-2070 Phone: 304-399-5710

PITTSBURGH DISTRICT

Name: Scott Hans, Chief Regulatory Branch Address: U.S. Army Corps of Engineers, Pittsburgh District William S. Moorhead Federal Building 1000 Liberty Avenue Pittsburgh, Pennsylvania 15222-4186 Phone: 412-395-7154

Attached is a map showing the district boundaries for the State of West Virginia.

Ginger Mullins, Chief Regulatory Division

Corps Districts and Navigable Streams in The State of West Virginia

Huntington District Pittsburgh District 1. Ohio River………..Total Length in State 1. Ohio River………………Total Length in State 2. Kanawha River……………Total Length 12. Monongahela River…….Total Length in State 3. New River………...Total Length in State 13. Tygart River……………….…………..7 Miles 4. Big Sandy River…….…….Total Length 14. West Fork………………….…………74 Miles 5. Tug Fork…………….…………58 Miles 15. Shenandoah River……….Total Length in State 6. Elk River……………………..139 Miles 16. Potomac River……….….Total Length in State 7. Gauley River…………………..75 Miles 8. Guyandotte River………………122 Miles 9. Little Kanawha River……..130.75 Miles 10. Greenbrier River………….150.50 Miles 11. Coal River………………….57.90 Miles

A. U.S. Army Corps of Engineers Nationwide Permit #12 for Utility Line Activities in West Virginia

This nationwide permit authorizes activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. Utility lines: This NWP authorizes the construction, maintenance, or repair of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for the utility lines, in all waters of the United States, provided there is no change in pre- construction contours. A “utility line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television communication. The term “utility line” does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible. Access roads: This NWP authorizes the construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2- acre of non-tidal waters of the United States. This NWP does not authorize discharges into non- tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel

roads). Access roads constructed above pre-construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP also authorizes temporary structures, fills, and work necessary to conduct the utility line activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if any of the following criteria are met: (1) the activity involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a section 10 permit is required; (3) the utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to or along a stream bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than 1/10-acre of waters of the United States; (6) permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the United States with impervious materials. (See general condition 31.) (Sections 10 and 404) Note 1: Where the proposed utility line is constructed or installed in navigable waters of the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and United States territories, copies of the pre-construction notification and NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. Note 2: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills. Note 3: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15). Note 4: For overhead utility lines authorized by this NWP, a copy of the PCN and NWP verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.

B. Specific Regional Conditions for Nationwide Permit #12:

 For those utility line projects requiring notification, a USGS topographical map shall be provided showing the overall project area identifying beginning and ending termini.  Notification is required for utility lines not regulated by a State or Federal agency (Federal Energy Regulatory Commission, Public Service District, etc.) or to individual family residences.  Notification is required for all work in waters of the U.S. associated with the construction of utility line substations.  Notification is required for all work in streams (perennial, intermittent, and ephemeral) associated with the construction of foundations for overhead utility line towers, poles, and anchors.  The maximum allowable timeframe for temporary work in waters of the U.S. is limited to one year, unless the permittee receives prior written approval from the Corps of Engineers granting a time extension.  Notification for aerial transmission lines over Section 10 waters must include the nominal system voltage and the additional clearance above low steel for bridges, if available, or above maximum high water elevation.  Note: All aerial crossings will have the following minimum clearances above the clearance required for bridges, or the clearances which would be required by the U.S. Coast Guard for new fixed bridges, in the vicinity of the proposed crossing. These clearances are based on the low point of the line under conditions which produce the greatest sag, taking into consideration temperature, load, wind, length or span, and type of supports as outline in the Nation Electrical Safety Code. For any non-electrical cable, the crossing must have a minimum clearance of 20 feet above the clearance required for bridges.

NOMINAL SYSTEM VOLTAGE, KV ADDITIONAL CLEARANCE, FEET 115 and below 20 138 22 161 24 230 26 350 30 500 35 700 42 750-765 45

C. West Virginia 401 Water Quality Certification Special Conditions for Nationwide Permit #12:

For activities involving a discharge, the West Virginia 401 Water Quality Certification Standard Conditions apply.

A. Points of ingress and egress to streams for equipment shall be within the work site. Location of ingress and egress outside the immediate work area requires prior approval of

the West Virginia Department of Environmental Protection Division of Water and Waste Management with concurrence from the West Virginia Division of Natural Resources.

B. Certification is limited to pipelines 36 inches or less in diameter. Individual stream crossings must be completed in a continuous, progressive manner and within 72 hours under normal (normal or below stream flow) conditions. Crossings on the Ohio, Kanawha, New and Monongahela Rivers and the Little Kanawha River, below the confluence with Hughes Rivers, are exempt from the 72-hour requirements, as are stream crossings requiring blasting. Whatever the situation, all stream activities shall be conducted in a continuous, progressive manner and be completed as rapidly as possible.

C. Shoreline restoration will be completed and stabilized in accordance with standard condition 5. Equipment tracking in wetlands will utilize protective mats when practical. Restoration of the disturbed areas will be completed within 72 hours of the completion of pipeline installation across the watercourse.

D. Surface disturbance will not extend beyond the right-of-way limits. Stream crossings will be conducted as close to a right angle to the watercourse as practical and the area of disturbance will be limited to reduce in stream activity.

E. Dredging for backfill material is not allowed.

F. Submarine-type pipeline crossings must be designed and constructed to prevent flotation and the possibility of leakage or rupture and the top of pipelines must be buried a minimum of three (3) feet below the stream bottom.

G. Where it is apparent that small boats, inner tubes, swimmers, etc. could be using the stream in the work area, easily seen warning signs must be placed a minimum of 50 feet upstream and downstream of the stream crossings construction site to advise stream users of the potential danger.

H. Individual State Water Quality Certification is required for pipelines transporting hazardous materials/substances as defined by the Toxic Substances Control Act, except pipelines carrying natural gas are exempt from this condition.

I. Individual State Water Quality Certification is required for utility lines within wetlands that would use or consider the use of herbicides for right-of-way maintenance.

J. Written notification to the Director of the Division of Water and Waste Management detailing the amount of water to be withdrawn by the intake structures is required. The proposed water withdrawal notification shall include sufficient detail to allow the resource agencies to determine if the proposed water withdrawal will have minimal impacts on aquatic resources.

K. Individual State Water Quality Certification is required for an activity impacting greater than 200 linear feet on one or more of the streams listed in West Virginia State Certification, Standard Condition 15.

L. Individual State Water Quality Certification is required for perennial and intermittent stream impacts greater than 300 linear feet.

M. No structure authorized by this permit shall entrain or impinge fish or any other aquatic life or impede or prevent fish movement upstream or downstream without specific written authorization from the West Virginia Department of Environmental Protection, Division of Water and Waste Management with concurrence from West Virginia Division of Natural Resources.

D. U.S. Army Corps of Engineers Nationwide Permit General Conditions Applicable to ALL NWPs

Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR §§ 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR § 330.5 relating to the modification, suspension, or revocation of any NWP authorization.

1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

2. 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. All permanent and temporary crossings of waterbodies shall be suitably

culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species.

3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.

6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act).

7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre- construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre- construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements.

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are

encouraged to perform work within waters of the United States during periods of low-flow or no- flow.

13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.

14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.

15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.

16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the

proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have “no effect” on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) 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 U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for obtaining any “take” permits required under the U.S. Fish and Wildlife Service’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such “take” permits are required for a particular activity.

20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on

the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h-2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.

engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.

23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered.

(3) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) – (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas 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 losses. (g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine

credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level.

24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.

25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.

27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.

28. 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 United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre.

to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.”

______(Transferee)

______(Date)

30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation.

31. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre- construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division

engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) A description of the proposed project; the project’s purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.

(6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and (7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project’s adverse environmental effects to a minimal level. (2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will immediately provide (e.g., via e- mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.

(3) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination.

E. Regional General Conditions

Regional General Condition 1

Full Agency Pre-construction Notification: In an effort to expedite full agency permit review it is requested that all pre-construction notifications (PCNs) submitted for activities requesting a waiver and for those activities resulting in the loss of greater than ½ acre of waters of the United States (U.S.), include one original hard copy and five (5) additional copies of the PCN package. Applicants are encouraged to submit the five agency copies in electronic format as CDs, in order to minimize the use of paper and postage resources.

Regional General Condition 2

Pre-Construction Notification Submittals: In addition to the PCN requirements listed in NWP General Condition 31, all PCNs should include the following information:

 Graphic illustrations on 8 1/2” x 11” paper. The illustrations must clearly depict the project boundaries, including all elements and phases of the proposed project. Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are identified as a Vicinity Map {a location map such as the U.S. Geological Survey (USGS) 7.5 Minute Series topographical map is highly encouraged}, a Plan View and a Typical Cross-Section Map. Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or cross- section). In addition, each illustration should be identified with a figure or attachment number and the project Latitude and Longitude.

 A written description of the proposed project including acreage(s) of waters of the U.S. (according to aquatic resource type) proposed to be directly or indirectly affected as a result of the proposed project, the linear footage of proposed direct and indirect stream impacts associated with the project, and cubic yards of fill proposed to be discharged.

 A description of the ways in which the project has been designed to avoid and minimize adverse impacts to waters of the U.S.

 Information concerning whether the proposed activity would affect any historic properties listed, determined to be eligible, or which they have reason to believe may be eligible, for listing on the National Register of Historic Places.

 Basic information about the general project area (encompassing a search radius of 2 miles 19

centered on the project area) including USGS 7.5’ series topographic maps, National Register of Historic Places (NRHP) files including Historic Districts, and county atlases, histories and/or any historic USGS 15’ series topographic map(s), brief description of the terrain and topography of the project area, acreage of the project area, proximity of the project area to major waterways, past land uses in the project area, and any past cultural resources studies or coordination for the project area, if available, along with photographs, keyed to mapping, showing the project area and any buildings or structures on adjacent parcels.

 The submittal of ground photographs to illustrate current conditions of the overall project site and impact site is highly encouraged.

Regional General Condition 3

Compensatory Mitigation: Compensatory mitigation will typically be required as indicated in accordance the terms and conditions of the NWPs in addition to all General and Regional conditions for projects with impacts that result in the conversion of a water of the U.S. to uplands or the conversion of one aquatic resource type to another.

Regional General Condition 4

Passage of Aquatic Life: Culverted crossings should be sized in a manner that allow the passage of aquatic life and freely pass bankfull flows. The only exception to this requirement would involve culvert placement in bedrock and/or extremely high gradient streams, in which countersinking of culverts is determined not to be practicable. In the event proposed crossings do not meet these criteria, compensatory mitigation may be required.

Regional General Condition 5

Endangered Species: Federally listed endangered species, subject to Section 7 of the Endangered Species Act, are located in nearly every county within West Virginia. As part of the PCN process, the district engineer (DE) will assume responsibility for determining project- related effects to endangered species. For projects that do not require a PCN, it is the applicant’s responsibility to ensure that all elements of a proposed single and complete project comply with Section 7 of the Endangered Species Act.

Regional General Condition 6

Endangered Species Habitat: Due to the potential presence of endangered species or their habitats applicants are required to provide notification to the U.S. Fish and Wildlife Service Elkins Field Office, 694 Beverly Pike, Elkins, West Virginia 26241, for any work in the waterways listed in Appendix A. This appendix will be update as new species are listed by the U.S. Fish and Wildlife Service.

Regional General Condition 7

All PCNs involving work in the below listed waters require notification to the National Park Service and/or the Forest Service.

 New River;  Bluestone River from the upstream boundary of Pipestem Park to Bluestone Reservoir;  Meadow River from an area near the US 19 Bridge to its junction with the Gauley River;  All streams within the Monongahela National Forest designated as National Wild and Scenic Study Rivers;  All streams and other bodies of water in State and National Forests and Recreation Areas (included are streams and bodies of water located within the Spruce Knob, Seneca Rocks and Gauley River National Recreation Areas); and  Streams and their tributaries as contained within the boundaries of the designated National Wilderness Areas or the headwaters of such rivers and their tributaries; Cranberry River, Red Creek, Laurel Fork and Otter Creek.

Regional General Condition 8

West Virginia Natural Stream Preservation Act: In accordance with the West Virginia Natural Stream Preservation Act, the following streams or rivers are protected from activities that would impound, divert or flood the body of water:

West Virginia Natural Stream Preservation Act  Greenbrier River from its confluence with Knapps Creek to its confluence with the New River;  Anthony Creek from its headwaters to its confluence with the Greenbrier River;  Cranberry River from its headwaters to its confluence with the Gauley River;  Birch River from Cora Brown Bridge in Nicholas County to its confluence with the Elk River; and  New River from its confluence with the Greenbrier River to its confluence with the Gauley River.

Regional General Condition 9

Tier 3 Protected Waters: All PCNs involving work in Tier 3 Protected Waters (West Virginia Code of State Regulations, Requirements Governing Water Quality Standards, Title 47, Series 2) shall include prior written notification to the West Virginia Department of Environmental Protection, Division of Water and Waste Management. Tier 3 Protected Waters include, but are not limited to, all streams and rivers within the boundaries of Wilderness Areas designated by The Wilderness Act (16 U.S.C. §1131 et seq.) within the State, all Federally designated rivers under the “Wild and Scenic Rivers Act”, 16 U.S.C. §1271 et seq.; all streams and other bodies of water in state parks which are high quality waters or naturally reproducing trout streams; waters in national parks and forests which are high quality waters or naturally reproducing trout

streams; waters designated under the “National Parks and Recreation Act of 1978”, as amended; and pursuant to subsection 7.1 of 60CSR5, those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource.

Regional General Condition 10

Archeological Sites and Human Remains: In the event any archeological sites or human remains are uncovered during construction, the permittee shall cease all work immediately and contact the appropriate Corps District office, the West Virginia Division of Culture and History at 304-558-0240 and the appropriate county Sheriff’s Office.

F. West Virginia Department of Environmental Protection 401 Water Quality Certification Standard Conditions Applicable to ALL NWPs

The following are West Virginia's Section 401 Water Quality Certification standard and special conditions that apply to the Nationwide Permits 1-52 as published on February 21, 2012 in Part III of the Federal Register (77 FR 10184), by the U.S. Army Corps of Engineers. These conditions must be implemented into any activity authorized by a U.S. Army Corps of Engineers Nationwide Permit(s). The State's certification of these Nationwide Permit activities does not replace the need for the applicant proposing an activity under the Nationwide Permit Program from obtaining other applicable permits/authorizations from the West Virginia Department of Environmental Protection and/or the Division of Natural Resources. Each permittee shall, if they do not understand or are not aware of applicable Nationwide Permit conditions, contact the Corps of Engineers prior to conducting any activity authorized by a Nationwide Permit in order to be advised of applicable conditions. These 401 Water Quality Certifications, with all attendant standard conditions and special conditions, are applicable to Corps of Engineers Civil Works Projects in West Virginia.

1. The permittee will investigate for the presence of water supply intakes or other activities within 1/2 mile downstream, which may be affected by suspended solids and turbidity increases caused by work in the watercourse. The permittee will give notice to operators of any such water supply intakes and such other water quality dependent activities as necessary before beginning work in the watercourse in sufficient time to allow preparation for any change in water quality.

2. Excavation, dredging or filling in the watercourse will be done only to the extent necessary to achieve the project's purpose.

3. Spoil materials from the watercourse or onshore operations, including sludge deposits, will not be dumped in the watercourse, or deposited in wetlands or other areas where the deposit may adversely affect the surface or ground waters of the state.

4. The permittee will employ measures to prevent or control spills from fuels, lubricants or any other materials used in connection with construction and restrict them from entering the watercourse. Storage areas for chemicals, explosives, lubricants, equipment fuels,

etc., as well as equipment refueling areas, must include containment measures (e.g., liner systems, dikes, etc.) to ensure that spillage of any material will not contact surface or ground waters. Storage areas and refueling areas shall be a minimum distance of 100 feet from any surface water body. All spills shall be promptly reported to the State Center for Pollution, Toxic Chemical and Oil Spills, 1-800-642-3074.

5. Upon completion of in-stream operations all disturbances below the ordinary high water mark will be properly stabilized within 24 hours to prevent soil erosion. Where possible, stabilization shall incorporate revegetation using bioengineering as an alternative to rip rap. If rip rap is utilized, it is to be of such weight and size that bank stress or slump conditions will not be created due to its placement. Fill is to be clean, nonhazardous and of such composition that it will not adversely affect the biological, chemical or physical properties of the receiving waters. Unsuitable materials include but are not limited to : Cadmium chromium arsenate (CCA) and creosote treated lumber, car bodies, tires, large household appliances, construction debris, and asphalt. To reduce potential slope failure and/or erosion behind the material, fill containing concrete must be of such weight and size that promotes stability during expected high flows. Loose large slab placement of concrete sections from demolition projects greater than thirty-six inches in its longest dimension and tires are prohibited. Rebar or wire in concrete should not extend further than one (1) inch. All activities require the use of clean and coarse non erodible materials with 15% or less of like fines that is properly sized to withstand expected high flows.

6. Runoff from any storage areas or spills will not be allowed to enter storm sewers without acceptable removal of solids, oils and toxic compounds. Discharges from retention/detention ponds must comply with permit requirements of the National Pollutant Discharge Elimination System permit program of the West Virginia Department of Environmental Protection, Division of Water and Waste Management.

7. Land disturbances, which are integral to the completion of the permitted activity and are one (1) acre or greater in total area, must comply with the National Pollutant Discharge Elimination System or other state stormwater permit requirements as established by the West Virginia Department of Environmental Protection, Division of Water and Waste Management, if applicable. Best Management Practices for Sediment and Erosion Control, as described in the West Virginia Department of Environmental Protection’s Erosion and Sediment Control Best Management Practice Manual, 2006, or similar documents prepared by the West Virginia Division of Highways may be used. These handbooks are available from the respective agency offices.

8. Concrete will not be permitted to enter the watercourse unless contained by tightly sealed forms or cells. Concrete handling equipment shall not discharge waste washwater into wetlands or watercourses at any time without adequate wastewater treatment as approved by the West Virginia Department of Environmental Protection, Division of Water and Waste Management.

9. In stream work in designated warm water streams and their adjacent tributaries during the fish spawning season, April - June and trout waters and their adjacent tributaries during

the trout water fish spawning season September 15-March 31st requires a spawning season waiver from the West Virginia Division of Natural Resources, Wildlife Resources Section. For information about specific stream designations contact DEP’s Water Quality Standards Section at 304-926-0495. The Wildlife Resources Section, Trout Fisheries Program at 304-637-0245 or Warm Water fisheries Program 304-558-2771 should be contacted if a waiver is needed. In stream work may occur during the respective spawning season in ephemeral waters without a waiver if all reasonable measures are taken to minimize turbidity and sedimentation downstream associated with the proposed project.

10. Removal of well-established riparian vegetation not directly associated with the project construction is prohibited. Disturbance and removal of vegetation from project construction area is to be avoided, where possible, and minimized when necessary. Removal of vegetation shall not be allowed where stream bank stability under normal flow conditions would be compromised.

11. Operation of equipment instream is to be minimized and accomplished during low flow periods when practical. Ingress and egress for equipment shall be within the work site. Location of ingress and egress outside the immediate work area requires prior approval of the West Virginia Department of Environmental Protection, Division of Water and Waste Management in concurrence with the West Virginia Division of Natural Resources.

12. The permittee will comply with water quality standards as contained in the West Virginia Code of State Regulations, Requirements Governing Water Quality Standards, Title 47, Series 2.

13. Stream activities permitted under the Nationwide Permit Program require that a West Virginia Public Lands Corporation Right of Entry be obtained. Application for this authorization should be made to the West Virginia Division of Natural Resources, Office of Lands and Streams, Building 74, Room 200, 324 Fourth Avenue, South Charleston, West Virginia 25303, or by contacting them at 304-558-3225. Any activity within the 100-year floodplain requires approval from the appropriate Floodplain Manager. The following website provides a statewide listing of Floodplain Managers in West Virginia: www.dhsem.wv.gov/mitigation/floodplain/Pages/default.aspx

14. The deposit of dredged or fill materials in island back channels, embayments or stream mouths on Section 10 Rivers is not certified for any of the Nationwide Permits. Stream mouth is defined as the area extending 100 feet upstream and 100 feet downstream on receiving streams that are classified as a Section 10 stream.

15. This Standard Condition requires prior written authorization from the West Virginia Department of Environmental Protection, Division of Water and Waste Management for use of any of the Nationwide Permits for all work in Outstanding National Resource Waters listed within Section A below. Prior written notification to the West Virginia Department of Environmental Protection, Division of Water and Waste Management, is required for use of Nationwide Permits 3, 6, 7, 12, 13, 14, 16, 17, 18, 19, 27, 29, 33, 39, 40, 41, 42,

45, and 48 in any of the streams listed in Sections B and C as follows, except as may be provided for in the individual nationwide permit:

A. Tier 3 Protection-- West Virginia Code of State Regulations, Requirements Governing Water Quality Standards, Title 47, Series 2. Outstanding National Resource Waters: Outstanding National Resource Waters include, but are not limited to, all streams and rivers within the boundaries of Wilderness Areas designated by The Wilderness Act (16 U.S.C. §1131 et seq.) within the State, all Federally designated rivers under the “Wild and Scenic Rivers Act”, 16 U.S.C. §1271 et seq.; all streams and other bodies of water in state parks which are high quality waters or naturally reproducing trout streams; waters in national parks and forests which are high quality waters or naturally reproducing trout streams; waters designated under the “National Parks and Recreation Act of 1978”, as amended; and pursuant to subsection 7.1 of 60CSR5, those waters whose unique character, ecological or recreational value, or pristine nature constitutes a valuable national or state resource. The listing of Tier 3 streams is located at: http://www.dep.wv.gov/WWE/Programs/wqs/Documents/Tier%203%20Info/ WV_Tier_3_Maps_20101006.pdf

B. All naturally reproducing trout streams in the following counties; Barbour, Fayette, Grant, Greenbrier, Hampshire, Hardy, Mercer, Mineral, Monroe, Nicholas, Pendleton, Pocahontas, Preston, Raleigh, Randolph, Summers, Tucker, Upshur and Webster. For information about specific streams contact Wildlife Resource Section, Trout Fisheries Program at 304-637-0245;

C. 'West Virginia Natural Stream Preservation Act' - The following streams or rivers are protected from activities that would impound, divert or flood the body of water: Greenbrier River from its confluence with Knapps Creek to its confluence with the New River, Anthony Creek from its headwaters to its confluence with the Greenbrier River, Cranberry River from its headwaters to its confluence with the Gauley River, Birch River from Cora Brown Bridge in Nicholas County to the confluence of the river with the Elk River, and New River from its confluence with the Greenbrier River to its confluence with the Gauley River.

16. Wetland and Stream Mitigation guidelines – The discharge of fill material into a stream or wetland is authorized based upon the following criteria:

1. One-tenth to ½ acre of wetland impact requires a Pre-Construction Notice (PCN) and plan for mitigation to be submitted to the Corps of Engineers along with the proposed plan for mitigation provided to the state for approval.

2. The amount of fill in a wetland, wetland complex or wetland system without mitigation is not to cumulatively exceed 1/10 acre.

3. “West Virginia Stream Wetland Valuation Metric” (SWVM) will be used to assist with the determination of required mitigation. The metric is available at the Huntington and Pittsburgh Army Corps of Engineers web sites:

In all instances, mitigation for all impacts incurred through use of these Nationwide Permits must first be directed to elimination of the impacts, then minimization of the impacts and lastly through compensatory mitigation. In many cases, the environmentally preferable compensatory mitigation may be provided through approved mitigation banks or the West Virginia in-lieu fee program. Permittee responsible compensatory mitigation may be performed using the methods of: restoration, enhancement, establishment and in certain circumstances preservation. In general, the required compensatory mitigation should be located in the same watershed as the impact site, and located where it is most likely to successfully replace lost functions and services as the impacted site. However, the use of mitigation banks or in-lieu fee for in-kind replacement is not restricted to the major watershed in which the impact has occurred until such time as mitigation banks or in-lieu projects are developed in each major watershed.

When permittee responsible in-kind replacement mitigation is used it is to be accomplished at the following ratios until such time an approved functional assessment methodology is established for the state of West Virginia: Impacts to open water wetlands are to be one (1) acre replaced for one (1) acre impacted.

Impacts to wet meadow/emergent wetlands are to be two (2) acres replaced for one (1) acre impacted.

Impacts to shrub-shrub and forested wetlands are to be three (3) acres replaced for one (1) acre impacted.

In instances where compensatory in-kind mitigation is completed 12 months prior to the impact of the resource, the replacement ratio may be reduced to as low as one (1) acre created/restored to every one (1) acre impacted.

NOTE: The ratio of created/restored wetlands to impacted wetlands not only insure no net loss, but assure the adequate replacement of the impacted wetlands functions and values at the level existing prior to the impact. For many of the more complicated type wetlands, such as scrub-scrub and forested, the values and functions cannot readily be replaced through creation. Furthermore, not all wetland creation is successful.

In certain instances, the West Virginia Department of Environmental Protection, Division of Water and Waste Management may consider the acquisition of existing wetlands. Acquisition ratios are the following:

5 to 1 for open water wetlands; 10 to 1 for wet meadow/emergent wetlands and 15 to 1 for scrub-scrub and forested wetlands

Under extenuating circumstances the director may accept lower ratios for high quality wetlands under significant threat of development.

All wetlands acquired, using the acquisition method of mitigation, will either be deeded to the West Virginia Division of Natural Resources’ Public Land Corporation for management by the Wildlife Resources Section or placed under a conservation easement and be protected from disturbance by the permittee or their designee. Third party oversight of the conservation easement by a non-profit conservation organization is preferred.

Streams. Compensatory mitigation projects for stream impacts should attempt to replace lost functions. Mitigation will be determined on a case-by-case basis based on the pre and post condition stream quality and complexity of the mitigation project utilizing the SWVM worksheets. Compensatory mitigation may require protection through deed restrictions or conservation easements by the permittee or their designee.

17. Streams with Mussel populations.

A. Should native freshwater mussels be encountered during the use of any Nationwide Permit, all activity is to cease immediately and the Wildlife Resources Section, Wildlife Diversity Program is to be contacted (304-637-0245) to determine significance of the mussel population and the action to be taken.

B. The following list of streams are known to have mussel populations which are established as a protected “no take” species by the state or contain protected habitat of mussels on the Federal Endangered Species list. Applicants wishing to conduct projects in these streams are strongly encouraged to contact the Wildlife Resources Section, Wildlife Diversity Program with a detailed project description and an accurate project location. For further information please contact the Wildlife Resources Section, Wildlife Diversity program at 304-637-0245.

Applicants should also give consideration to utilizing WVDNR’s Wildlife Data Base Inquiry process. This resource is designed for the applicant as an informative preplanning tool. It allows the applicant to know, in advance, if they will be encountering any federally listed endangered species (ES), state species of concern and high quality fish and wildlife habitats such as trout streams, warm water fisheries, wetlands, karst and cave habitats. This inquiry can be obtained from the: Wildlife Data Base Coordinator, PO Box 67, Elkins West Virginia 26241. Information on what to submit to receive an inquiry should be directed to data base coordinator at 304-637-0245.

HUNTINGTON DISTRICT

James River Drainage J-1 Potts Creek J-1-E South Fork Potts Creek J-3 Cove Creek Big Sandy River Drainage BS Big Sandy River BST Tug Fork River Kanawha River Drainage K Kanawha River K-1 Crooked Creek K-12 Thirteenmile Creek K-14 Sixteenmile Creek K-21 Buffalo Creek K-22 Hurricane Creek K-22-F Mill Creek (Tackett Branch ?) K-24 Little Hurricane Creek K-26 Guano Creek KC Coal River KC-10 Little Coal River KE Elk River KE-23 Big Sandy Creek KE-23-N Granny Creek KE-23-Q-.5 Hollywood Trace Fork KE-31 King Shoals Run KE-37 Laurel Creek KE-74 Strange Creek KE-76 Birch River KE-9 Little Sandy Creek KN New River KN-51 Indian Creek KNB Bluestone River KNG Greenbrier River KNG-18 Wolf Creek KNG-22 Muddy Creek KNG-22-B Mill Creek KNG-23 Second Creek KNG-53 Knapp Creek KNG-61 Clover Creek (Cloverlick Creek) KNG-66 Sitlington Creek KNG-68 Deer Creek KNG-79 West Fork Greenbrier River KP Pocatalico River

KP-17 Pocatalico Creek (Left Fork) KP-17-B Middle Fork Pocatalico Creek KP-33-E Cox Fork KP-39 Big Lick KP-41 Rush Creek KP-45 Cranes Nest Run Little Kanawha River Drainage LK Little Kanawha River LK- 86 Sand Fork LK-11 Slate Creek LK-23 Tucker Creek LK-25 Reedy Creek LK-25-? Left Fork Reedy Creek LK-25-R Middle Fork Reedy Creek LK-31 Spring Creek LK-31-AA Right Fork Spring Creek LK-31-Z Left Fork Spring Creek LK-39 Straight Creek LK-40 Leading Creek LK-45 Yellow Creek LK-53 Pine Creek LK-66 Tanner Creek LK-72 Cedar Creek LK-75 Leading Creek LK-75-K Cove Creek LK-75-N Fink Creek LK-86 Sand Fork LK-94 Oil Creek LK-95 Saltlick Creek LKH Hughes River LKH-10 North Fork Hughes River LKH-10-C Gillespie Run LKH-10-G Devilhole Creek LKH-10-J Addis Run LKH-10-R Bonds Creek LKH-4 Goose Creek LKH-9 South Fork Hughes River LKH-9-AA Middle Fork South Fork Hughes River LKH-9-J Indian Creek LKH-9-M Leatherbark Creek LKH-9-R Spruce Creek LKH-9-W Slab Creek LKH-9-X Bone Creek LKH-9-Y Otterslide Creek LKS Steer Creek 29

LKS-10 Left Fork Steer Creek LKS-9 Right Fork Steer Creek LKW West Fork Little Kanawha River LKW-15 Henry's Fork LKW-15-F Laurel Run LKW-15-J Beech Fork LKW-31 Left Fork West Fork Little Kanawha River Guyandotte River Drainage OG Guyandotte River OG Barboursville Lake OG-14 Charley's Creek OG-24 TwOMIle Creek OGM Mud River OGM-12-A Kilgore Creek OGM-20 Trace Fork OGM-22 Buffalo Creek OGM-25 Middle Fork Mud River OGM-33 Big Laurel Creek Middle Island Creek Drainage OMI Middle Island Creek OMI-4 McKim Creek OMI-9 Sugar Creek OMI-21 Sancho Creek OMI-23 Point Pleasant Creek OMI-23-A Pursley Creek OMI-23-B Elk Fork OMI-29 Indian Creek OMI-30 McElroy Creek OMI-40 Arnold Creek OMI-43 Bluestone Creek OMI-46 Meathouse Fork OMI-46-E Toms Fork OMI-46-J Indian Fork OMI-47 Buckeye Creek OMI-46-E Toms Fork OMI-46-J Indian Fork OMI-47 Buckeye Creek Ohio River Direct Drainage O Ohio River O-2 Twelvepole Creek O-2-H Beech Fork O-2-P West Fork Twelvepole Creek O-2-Q East Fork Twelvepole Creek O-9 Guyan Creek O-30-A Tombleson Run embayment 30

O-31 Little Mill Creek O-32 Mill Creek O-32-D Cow run O-32-H Parchment Creek O-32-L-7 Grasslick Creek O-32-L-8 Bear Fork O-32-M Elk Fork O-32-N Little Mill Creek O-36 Sandy Creek O-36-D Crooked Fork O-36-J Left Fork Sandy Creek O-36-J-5 Nesselroad Run O-38 Little Sandy Creek O-43-D Little Pond Creek O-44 Lee Creek O-44-A South Fork Lee Creek O-44-B North Fork Lee Creek

PITTSBURGH DISTRICT

Ohio River Direct Drainage Ohio River O-57 French Creek O-69 Fishing Creek O-69-N South Fork Fishing Creek O-69-O North Fork Fishing Creek O-77 Fish Creek O-77-J Valley Run O-77-O WV Fork Fish Creek O-77-O-8 Long Drain Creek O-88 Wheeling Creek O-88-D-2 Middle Wheeling Creek O-88-L Turkey Run O-88-O Enlow Fork O-88-O-? Dunkard Fork O-92 Buffalo Creek Cheat River Drainage M Monongahela River M-1 Dunkard Creek M-1-? Blacks Run M-1-C Days Run M-1-E Miracle Run M-1-E-? Right Branch Miracle Run M-1-F WV Fk Dunkard M-1-F-6 North Fork WV Fork Dunkard Creek 31

M-1-F-6-A Camp Run M-1-F-7 South Fork WV Fork Dunkard Creek MT Tygart Valley River MW West Fork River MW-13 Tenmile Creek upstream of Little Tenmile MW-13-I-4 Jacob's Fork MW-13-I-4 Salem Fork MW-2 Booths Creek MW-21 Elk Creek MW-21-G Brushy Fork of Elk Creek MW-21-M Gnatty Creek MW-29 Isaacs Creek MW-31 Hackers Creek MW-31-C Jesse Run MW-32 Kincheloe Creek MW-36 Freemans Creek MW-36-D Right Fork Freemans Creek MW-38 Stonecoal Creek MW-55 Right Fork West Fork River MC-60-D Blackwater River MC-60-D-10 Sand Run MC-60-D-8- A ? Glade Run MC-60-K-16 West Fork Glady P Potomac River Drainage P-4-M Mill Creek P-6 Back Creek P-9 Sleepy Creek PC Cacapon River PC-24 Lost River PC-7 North River PNB-4 Patterson Creek PNB-4-EE North Fork Patterson Creek (below dam near mouth) PSB South Branch Potomac River PSB-21 South Fork South Branch

18. Isolated Wetlands.

In some cases, the Corps of Engineers may determine that an activity will not impact waters of the United States because the water is an isolated wetland, and therefore does not require a 404 permit. However, under West Virginia State code (§§22-11-3(23)) isolated wetlands are designated waters of the State. Accordingly, any applicant proposing to impact an isolated wetland must contact the West Virginia Department of Environmental Protection, Division of Water and Waste Management to obtain all necessary approvals for activities impacting any isolated wetlands.

APPENDIX A

Streams with potential presence of Federally listed threatened and endangered species or their habitat

HUNTINGTON DISTRICT:

1. Big Sandy Creek; Kanawha County: Snuffbox.

2. Bluestone River; Mercer and Summers counties (Bluestone Gorge to slackwater of Bluestone Reservoir): Virginia spiraea.

3. Cedar Creek; Braxton and Gilmer counties: Snuffbox.

4. Cove Creek; Monroe County: James spinymussel.

5. Elk River; Braxton, Clay, and Kanawha counties (Sutton Dam to slackwater below Coonskin Park), including the lower one-half mile reaches of its tributaries Birch River, Blue Creek, and Laurel Creek: Clubshell, Pink mucket pearlymussel, Northern riffleshell, Rayed bean, and Snuffbox. The Elk River also contains the Diamond darter (candidate).

6. Fishing Creek; Wetzel County: Snuffbox.

7. Gauley River; Fayette and Nicholas counties (Summersville Dam to Swiss): Virginia spiraea.

8. Greenbrier River; Greenbrier and Pocahontas counties: Virginia spiraea.

9. Henry Fork; Calhoun and Roane counties: Snuffbox.

10. Hughes River; Ritchie and Wirt counties, including the lower one-half mile reach of its tributary Goose Creek: Snuffbox.

11. Kanawha River; Fayette, Kanawha, Mason, and Putnam counties: Fanshell, Pink mucket pearlymussel, Sheepnose, Spectaclecase, and Tubercled-blossum pearlymussel.

12. Leading Creek; Gilmer and Lewis counties, including the lower one-half mile reach of its tributary Fink Creek: Snuffbox.

13. Little Kanawha River; Braxton, Calhoun, Gilmer, Wirt, and Wood counties, including the lower one-half mile reaches of its tributaries Leading Creek (Calhoun Co., different stream than 5.d. above), Pine Creek, Sand Fork, Slate Creek, Straight Creek, Tanner Creek, Tucker Creek, and Walker Creek: Snuffbox.

14. Marsh Fork River including Dingess Branch and Millers Camp Branch and associated palustrine emergent and scrub-shrub wetlands; Raleigh County: Virginia spiraea.

15. McElroy Creek; Doddridge and Tyler counties: Snuffbox.

16. Meadow River; Fayette, Greenbrier, and Nicholas counties: Virginia spiraea.

17. Meathouse Fork of Middle Island Creek; Doddridge County, including the lower one-half mile reaches of it tributary Toms Fork: Clubshell and Snuffbox.

18. Middle Island Creek; Doddridge, Pleasants, and Tyler counties, including the lower one- half mile reaches of its tributaries Arnold Creek, Bluestone Creek, Buckeye Creek, Indian Creek, McKim Creek, Point Pleasant Creek, and Sancho Creek: Clubshell, Rayed bean, and Snuffbox.

19. New River (Lower); Fayette County (Route 19 to Gauley Bridge): Virginia spiraea.

20. North Fork Hughes River; Ritchie and Wirt counties, including the lower one-half mile reaches of its tributaries Addis Run, Bonds Creek, Devilhole Creek, and Gillespie Run: Snuffbox.

21. Ohio River; Cabell, Jackson, Mason Pleasants, Tyler, Wetzel, and Wood counties: Fanshell, Pink mucket pearlymussel, Sheepnose, and Snuffbox.

22. Potts Creek and South Fork of Potts Creek; Monroe County: James spinymussel.

23. Reedy Creek; Roane and Wirt counties: Snuffbox.

24. South Fork Hughes River; Doddridge, Ritchie, and Wirt counties, including the lower one-half mile reaches of its tributaries Bone Creek, Indian Creek, Leatherbark Creek, Otterslide Creek, Slab Creek, and Spruce Creek: Clubshell and Snuffbox.

25. Spring Creek; Roane and Wirt counties: Snuffbox.

26. Steer Creek; Calhoun and Gilmer counties: Snuffbox.

27. Sugar Creek; Pleasants County: Snuffbox.

28. West Fork Little Kanawha River; Calhoun, Roane, and Wirt counties: Snuffbox.

PITTSBURGH DISTRICT

29. Back Creek; Berkeley County: Harperella.

30. Cacapon River; Morgan County: Harperella.

31. Dunkard Creek; Monongalia County: Snuffbox.

32. Fish Creek; Marshall County: Snuffbox.

33. Hackers Creek (of the West Fork River); Harrison and Lewis counties: Clubshell and Snuffbox.

34. Potomac River; Morgan County (from the mouth of the Cacapon River to the mouth of Sleepy Creek): Harperella.

35. Sleepy Creek; Morgan County: Harperella.

36. West Fork River; Harrison, Lewis, and Marion counties: Snuffbox.

37. Streams, springs, and wetlands connected to the groundwater system including caves, areas near sinkholes, and other groundwater/surface interfaces, from the Potomac River west to Opequon Creek, especially in the Rippon and Leetown Areas, and the Evitts Run Watershed; Jefferson and Berkeley counties: Madison Cave isopod.

38. Wetlands; Berkeley and Hardy counties: Northeastern bulrush.

Updated 7/13/12

NATIONWIDE PERMITS FOR THE STATE OF OHIO

CORPS OF ENGINEERS REGULATORY PROGRAM REISSUANCE OF NATIONWIDE PERMITS WITH OHIO EPA 401 WATER QUALITY CERTIFICATION WITH OHIO DEPARTMENT OF NATURAL RESOURCES CONSISTENCY DETERMINATION UNDER THE COASTAL ZONE MANAGEMENT ACT

NWP 12

B. Nationwide Permits and Conditions

12. Utility Line Activities. Activities required for the construction, maintenance, repair, and removal of utility lines and associated facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project.

Utility lines: This NWP authorizes the construction, maintenance, or repair of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for the utility lines, in all waters of the United States, provided there is no change in pre-construction contours. A “utility line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, and telegraph messages, and radio and television communication. The term “utility line” does not include activities that drain a water of the United States, such as drainage tile or French drains, but it does apply to pipes conveying drainage from another area.

Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a French drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody.

Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a power line or utility line in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities.

Foundations for overhead utility line towers, poles, and anchors: This NWP authorizes the construction or maintenance of foundations for overhead utility line towers, poles, and anchors in

all waters of the United States, provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible.

Access roads: This NWP authorizes the construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, in non- tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges into non-tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows.

This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (See 33 CFR Part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit.

This NWP also authorizes temporary structures, fills, and work necessary to conduct the utility line activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if any of the following criteria are met: (1) the activity involves mechanized land clearing in a forested wetland for the utility line right-of-way; (2) a section 10 permit is required; (3) the utility line in waters of the United States, excluding overhead lines, exceeds 500 feet; (4) the utility line is placed within a jurisdictional area (i.e., water of the United States), and it runs parallel to or along a stream bed that is within that jurisdictional area; (5) discharges that result in the loss of greater than 1/10-acre of waters of the United States; (6) permanent access roads are constructed above grade in waters of the United States for a distance of more than 500 feet; or (7) permanent access roads are constructed in waters of the United States with impervious materials. (See general condition 31.) (Sections 10 and 404)

Note 1: Where the proposed utility line is constructed or installed in navigable waters of the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and United States territories, copies of the pre-construction notification and NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation.

Note 2: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills.

Note 3: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers and Harbors Act of 1899. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15).

Note 4: For overhead utility lines authorized by this NWP, a copy of the PCN and NWP verification will be provided to the Department of Defense Siting Clearinghouse, which will evaluate potential effects on military activities.

Nationwide Permit 12 Specific Regional Conditions:

(a) Notification in accordance with Nationwide Permit General Condition 31 and Regional General Condition 6 is required for the following activities and the notification must include a restoration plan showing how all temporary fills and structures will be removed and the area restored to pre-project conditions:

• All work in waters of the U.S., including special aquatic sites, associated with utility line substations;

• All stream work (perennial, intermittent, and ephemeral) associated with foundations for overhead utility line towers, poles, and anchors;

• Impacts greater than 1/10 acre in waters of the U.S., including wetlands, associated with access roads;

• All temporary structures, work, and discharges (including cofferdams) necessary for access fills or dewatering of construction sites occurring in wetlands, perennial streams, or Section 10 waters when the primary activity is otherwise authorized by the Corps of Engineers; and

• All impacts to shrub/scrub and forested wetlands.

(b) Notifications for aerial transmission lines over Section 10 waters must include the nominal system voltage and the additional clearance above low steel for bridges, if available, or above maximum high water elevation.

Note: All aerial crossings will have the following minimum clearances above the clearance required for bridges, or the clearances which would be required by the U.S. Coast Guard for new fixed bridges, in the vicinity of the proposed crossing. These clearances are based on the low point of the line under conditions which produce the greatest sag, taking into consideration

temperature, load, wind, length or span, and type of supports as outlined in the National Electrical Safety Code. For any non-electrical cable, the crossing must have a minimum clearance of 20 feet above the clearance required for bridges.

NOMINAL SYSTEM VOLTAGE, KV ADDITIONAL CLEARANCE, FEET 115 and below 20 138 22 161 24 230 26 350 30 500 35 700 42 750 – 765 45

(c) Where certain functions and services of waters of the U.S. are permanently adversely affected, such as the conversion of a forested wetland or shrub/scrub wetland to an herbaceous wetland in the permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level.

(d) Anti-seep collars or clay plugs must be utilized for trenching activities conducted in a wetland.

(e) This nationwide permit does not authorize the placement of manholes in wetlands.

(f) Excess material must be removed to upland areas immediately upon completion of construction.

(g) The loss of waters of the U.S. is limited to 300 feet of stream bed, unless for intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by making a written determination concluding that the discharge will result in minimal adverse effects.

Ohio State Certification Special Limitations and Conditions:

1. Ohio state certification general limitations and conditions apply to this nationwide permit.

2. Temporary or permanent impacts to category 3 wetlands are limited to less than 0.1 acres for activities involving the repair, maintenance, replacement, or safety upgrades to existing infrastructure that meets the definition of public need.

3. Except for maintenance activities authorized under this nationwide permit, individual state water quality certification is required for use of this nationwide permit when temporary or permanent impacts are proposed on or in the following waters:

a. streams with the aquatic life use designation of exceptional warmwater habitat, cold water habitat, seasonal salmonid or any equivalent designation and/or performance;

b. streams with an antidegradation category of superior high quality water, outstanding national resource water or outstanding state water;

c. state wild and scenic rivers;

d. national wild and scenic rivers;

e. general high quality water bodies which harbor federally listed threatened and/or endangered mussel species, such as Killbuck Creek in Coshocton County and Pymatuning Creek in Ashtabula County; and

4. Temporary or permanent impacts to category 1 and category 2 wetlands are limited to one-half acre.

5. Temporary or permanent impacts that result in the physical disturbance of more than 500 linear feet of forested wetland (containing woody vegetation six meters or taller) are not authorized under this certification.

6. Temporary or permanent impacts as a result of stream crossings shall not exceed a total of three per stream mile per stream.

7. Temporary or permanent impacts from new buried utility lines that cross more than 1,500 linear feet (cumulative for the entire project) of surface waters, including wetlands, require individual state water quality certification.

8. For an individual stream, the combined length of an existing culvert and culvert extension shall not exceed 500 linear feet of which no more than 300 linear may be new culvert.

9. Projects with temporary or permanent impacts (cumulative for the entire project) to surface waters, including wetlands, located in three or more 8-digit hydrologic units require individual state water quality certification.

10. All hydric soils up to 12 inches in depth within wetlands shall be stockpiled and replaced as the topmost backfill layer. Best management practices, such as silt fencing and soil stabilization, shall be implemented to reduce erosion and sediment run-off into adjacent wetlands.

11. The stockpiling of side cast dredged material in wetlands in excess of three months requires individual state water quality certification.

12. Buried utility lines shall be installed at a 90 degree angle to the stream bank to the maximum extent practicable. When a 90 degree angle is not possible, the length of any buried utility line within any single water body shall not exceed twice the width of that water body at the location of the crossing.

13. The total width of any excavation, grading or mechanized clearing of vegetation and soil shall not exceed 25 feet on either side of a utility line or a total width of 50 feet on both sides of a utility line.

Ohio Department of Natural Resources CZMA Federal Consistency Determination Conditions:

(a) For all activities located in or along the shore of Ohio’s portion of Lake Erie, including Maumee Bay and Sandusky Bay, all applicable authorizations must be obtained under Ohio Revised Code Chapter 1506 and all conditions of the Section 401 Water Quality Certification for Nationwide permits as issued by OEPA on March 30, 2012, must be met.

C. Nationwide Permit General Conditions

1. Navigation.

(a) No activity may cause more than a minimal adverse effect on navigation.

(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States.

(c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.

water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species.

4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.

9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).

10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA- approved state or local floodplain management requirements.

11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.

permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow.

15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights.

18. Endangered Species.

(a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed.

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the

activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non- Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have “no effect” on listed species or critical habitat, or until Section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs.

(e) 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 U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

(f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.

20. Historic Properties.

(a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.

(b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre- construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non-Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed.

(d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non- Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h- 2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of

10 any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.

21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.

(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.

(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).

(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal.

(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.

(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment.

(2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered.

(4) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided.

(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan.

(d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment.

(e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre,

it cannot be used to authorize any project resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs.

(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas 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 losses.

(g) Permittees may propose the use of mitigation banks, in-lieu fee programs, or separate permittee-responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee-responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee- responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management.

(h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub-shrub wetland to an herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level.

29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature:

“When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” ______(Transferee)

______(Date)

14 mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include:

(a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;

(b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and

31. Pre-Construction Notification.

(a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:

(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or

(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or in the vicinity of the project, or to notify the Corps pursuant to general condition 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires

a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).

(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:

(1) Name, address and telephone numbers of the prospective permittee;

(2) Location of the proposed project;

(3) A description of the proposed project; the project’s purpose; direct and indirect adverse environmental effects the project would cause, including the anticipated amount of loss of water of the United States expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity. The description should be sufficiently detailed to allow the district engineer to determine that the adverse effects of the project will be minimal and to determine the need for compensatory mitigation. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);

(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many waters of the United States. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;

(5) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.

(6) If any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, for non-Federal

applicants the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work. Federal applicants must provide documentation demonstrating compliance with the Endangered Species Act; and

(7) For an activity that may affect a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, for non-Federal applicants the PCN must state which historic property may be affected by the proposed work or include a vicinity map indicating the location of the historic property. Federal applicants must provide documentation demonstrating compliance with Section 106 of the National Historic Preservation Act.

(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7) of this general condition. A letter containing the required information may also be used.

(d) Agency Coordination:

(1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the project’s adverse environmental effects to a minimal level.

(2) For all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that require pre-construction notification, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to telephone or fax the district engineer notice that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre-construction notification that the resource agencies’ concerns were considered. For NWP 37, the

emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.

(4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination.

D. District Engineer’s Decision

1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. For a linear project, this determination will include an evaluation of the individual crossings to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or 52, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in minimal adverse effects. When making minimal effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns.

2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts. The district engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed activity are minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with

18 the terms and conditions of the NWP and that the adverse effects on the aquatic environment are minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If the net adverse effects of the project on the aquatic environment (after consideration of the compensatory mitigation proposal) are determined by the district engineer to be minimal, the district engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer.

3. If the district engineer determines that the adverse effects of the proposed work are more than minimal, then the district engineer will notify the applicant either: (a) That the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the project is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level; or (c) that the project is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse effects occur to the aquatic environment, the activity will be authorized within the 45-day PCN period, with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the minimal level. When mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation.

E. Further Information

1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP.

2. 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.

F. Nationwide Permits Regional General Conditions

1. Nationwide Permits shall not authorize any activity which impacts bogs and/or fens.

2. No Nationwide permit may be used in Lake Erie for purposes of diverting water from the Great Lakes.

3. Nationwide Permits shall not authorize any activity which will trap littoral material and interrupt littoral transport within Lake Erie, Sandusky Bay, and Maumee Bay.

4. ODNR In-Water Work Exclusion Dates: Any work associated with a nationwide permit cannot take place during the restricted period of the following ODNR, Division of Wildlife Statewide In-Water Work Restrictions unless the applicant notifies the district engineer in accordance Nationwide Permit General Condition 31 and receives written approval from the Corps:

Location Restricted Period

Salmonid streams1 9/15 – 6/30 Percid streams2 3/15 – 6/30 Other streams3 4/15 – 6/30

1. Arcola Creek (entire reach), Ashtabula River (Hadlock Rd. to mouth), Ashtabula Harbor, Aurora Branch of the Chagrin River (RM 0.38 to mouth), Big Creek ((Grand River drainage basin) Girdled Road to mouth), Chagrin River (Chagrin Falls to mouth), Cold Creek (entire reach), Conneaut Creek (entire reach), Conneaut Harbor, Corporation Creek ((Chagrin River RM 0.27) entire reach), Cowles Creek (entire reach), Ellison Creek ((Grand River drainage basis) entire reach), Euclid Creek (entire reach), Grand River (to dam at Harpersfield Covered Bridge Park just upstream of the S.R. 534 bridge to mouth)/Fairport Harbor, Gulley Brook ((Chagrin River RM 5.54) entire reach), Indian Creek (entire reach), Kellogg Creek (Grand River drainage basin) entire reach), Mill Creek ((Grand River drainage basin) entire reach), Paine Creek ((Grand River drainage basin) from Paine Falls to mouth), Rocky River (Cedar Point Rd. (East Branch/West Branch confluence) to mouth), Smokey Run ((Conneaut Creek RM 3.5) entire reach), Turkey Creek (entire reach), Vermilion River (dam at Wakeman upstream of the S.R. 20/60 bridge to mouth), Ward Creek ((Chagrin River RM 1.0) entire reach), Wheeler Creek (entire reach), Whitman Creek (entire reach).

2. Cuyahoga River (dam below the S.R. 82 bridge east of Brecksville (Chippewa Rd.) to mouth), Great Miami River (dam south of New Baltimore to mouth), Hocking River (lower section), Huron River (from the East Branch/West Branch confluence to Lake Erie), Little Miami River (lower section), Maumee River (split dam at Mary Jane

Thurston State Park and Providence Park in Grand Rapids to mouth), Maumee Bay, Muskingum River (to Devola Dam No. 2 off S.R. 60 north of Marietta to mouth), Ohio River (entire reach), Portage River (entire reach), Sandusky River (to Ballville Dam off River Road in Fremont to mouth), Sandusky Bay, Scioto River (lower section), Toussaint River (entire reach).

3. Class 3 primary headwater streams (watershed <1 mi2), EWH, CWH, WWH, or streams with T&E species. Includes Lake Erie & bays not listed above. Special conditions (such as occurrence of T&E species) may mandate local variation of restrictions.

Note: This condition does not apply to Ohio Department of Transportation projects that are covered under the “Memorandum of Agreement between Ohio Department of Transportation, Federal Highway Administration, Ohio Department of Natural Resources, and United States Fish and Wildlife Service For Interagency Coordination For Highway Projects Which Involve Stream Crossings, Bank Stabilization, and/or Minor Wetland Fills.

5. Waters of Special Concern: The applicant must notify the district engineer in accordance with Nationwide Permit General Condition 31 and Regional General Condition 6 for activities in the following resources:

(a) Category 3 Wetlands: Notification is required for all temporary or permanent impacts to Category 3 wetlands as determined through use of the latest approved version of Ohio EPA’s Ohio Rapid Assessment Method (ORAM) for wetland evaluation long form.

(b) Ohio Stream Designations: Notification is required for all temporary or permanent impacts to Exceptional Warmwater Habitat, Cold Water Habitat, Seasonal Salmonid, or any equivalent designation; or water bodies with an antidegradation category of Superior High Quality Water, Outstanding National Resource Water, or Outstanding State Waters as determined by Ohio EPA except for NWP 1, 2, 3, 9, 10, 11, 27, 28, 32, and 35 or maintenance activities covered under NWPs 7 and 12. The current list of these streams can be found on the Ohio EPA web-site at: http://www.epa.ohio.gov/dsw/rules/3745_1.aspx. You should look for these designations under the aquatic life use of the stream within its basin and under the “Anti-deg Rule #05.”

(c) State Wild and Scenic Rivers: Notification is required for all activities in State Wild and Scenic Rivers. The following are State Wild and Scenic Rivers:

The Ashtabula River • The Ashtabula River from the confluence of the East Branch and West Branch of the Ashtabula River at river mile 27.54, downstream to the East 24th Street bridge crossing at river mile 2.3. • The East Branch of the Ashtabula River from Pennline Fen at river mile 12.0, downstream to the mouth of the East Branch at river mile 0.0.

• The West Branch of the Ashtabula River from the North Richmond Road (Co. Rd. 302) bridge crossing at river mile 9.05, downstream to the mouth of the West Branch at river mile 0.0. • Miles designated (approximate): Scenic 46

Big and Little Darby Creeks • Big Darby Creek from the Champaign/Union County line downstream to the U.S. Rt. 40 bridge, from the northern boundary of Battelle-Darby Creek Metro Park to the confluence with the Little Darby Creek downstream to the Scioto River. • Little Darby Creek from the Lafayette-Plain City Road bridge downstream to the confluence with Big Darby Creek. • Miles designated (approximate): 84

Chagrin River • Aurora Branch from St. Rt. 82 bridge downstream to confluence with the Chagrin River. • Chagrin River from confluence with Aurora Branch downstream to U.S. Rt. 6 bridge. • Chagrin River from Woodiebrook Road bridge crossing downstream to the confluence with Aurora Branch of the Chagrin River in Bentleyville. • East Branch from Heath Road bridge downstream to confluence with the Chagrin River. • Miles designated (approximate): Scenic 71

Conneaut Creek • Scenic Segment: Creek Road bridge crossing to the Penn Central Railroad bridge crossing at river mile 2.0 in Conneaut. • Wild Segment: Ohio/Pennsylvania border at river mile 23.83 to the Creek Road bridge crossing at river mile 7.39. • Miles designated (approximate): Scenic 5.39, Wild 16.44, Total 21.83

Grand River • Wild segment - from Harpersfield covered bridge downstream to Norfolk and Western Railroad trestle south of Painesville. • Scenic segment - from U.S. Rt. 322 bridge in Ashtabula County downstream to Harpersfield covered bridge. • Miles designated (approximate): Scenic 33, Wild 23, Total 56

Kokosing River • Kokosing River from Knox/Morrow County line to confluence with Mohican River. • North Branch of Kokosing from confluence with East Branch downstream to confluence with main stem. • Miles designated (approximate): 48

Little Beaver Creek • Wild segments - West Fork from 1/4 mile downstream from Twp. Rd. 914 to confluence with Middle Fork. North Fork from Twp. Rd. 952 to confluence with Little Beaver Creek. Little Beaver Creek from confluence of West and Middle Forks downstream to 3/4 mile north of Grimm's Bridge. • Scenic segments - North Fork from Ohio-Pennsylvania line downstream to Jackman Road. Middle Fork from Elkton Road. (Twp. Rd. 901) downstream to confluence with West Fork. Little Beaver Creek from 3/4 mile north of Grimm's Bridge downstream to the Ohio-Pennsylvania line. • Miles designated (approximate): Wild 20, Scenic 16, Total 36

Little Miami River • Clermont County line at Loveland to headwaters, including North Fork, Clermont County line at Loveland to confluence with East Fork and from the confluence with East Fork to Ohio River. • Miles designated (approximate): 105

Maumee River • Scenic segment - Ohio-Indiana line to St. Rt. 24 bridge west of Defiance. • Recreational segment - St. Rt. 24 bridge west of Defiance to U.S. Rt. 25 bridge near Perrysburg. • Miles designated (approximate): Scenic 43, Recreational 53

Mohican River • The entire main stem of the Mohican River from the confluence of the Clear Fork to the confluence with the Kokosing State Scenic River. • The Clear Fork of the Mohican River from the base of the Pleasant Hill Dam to the confluence with the Black Fork of the Mohican River. • Miles designated (approximate): 32.3

Olentangy River • Delaware Dam to Old Wilson Bridge Road in Worthington. • Miles designated (approximate): 22

Sandusky River • U.S. Rt. 30 in Upper Sandusky to Roger Young Memorial Park in Fremont. • Miles designated (approximate): 65

Stillwater River System • Recreational segment - Englewood dam to confluence with Great Miami River. • Scenic segments - Stillwater River from Riffle Road bridge in Darke County to Englewood dam. • Greenville Creek from the Ohio-Indiana state line to the confluence with the Stillwater. • Miles designated (approximate): Scenic 83, Recreational 10

Upper Cuyahoga River • Troy-Burton Township line in Geauga County to St. Rt. 14. • Miles designated (approximate): Scenic 25

(d) National Wild and Scenic Rivers: Notification is required for all work in components of the National Wild and Scenic River System. The following are components of the National Wild and Scenic River System:

Big and Little Darby Creeks (National Wild and Scenic River System): • Big Darby Creek from Champaign-Union County line downstream to the Conrail railroad trestle and from the confluence with the Little Darby Creek downstream to the Scioto River. • Little Darby Creek from the Lafayette-Plain City Road bridge downstream to within 0.8 mile from the confluence with Big Darby Creek. • Total designation is approximately 82 miles.

Little Beaver Creek (National Wild and Scenic River System): • Little Beaver Creek main stem, from the confluence of West Fork with Middle Fork near Williamsport to mouth. • North Fork from confluence of Brush Run and North Fork to confluence of North Fork with main stem at Fredericktown. • Middle Fork from vicinity of Co. Rd. 901 (Elkton Road) bridge crossing to confluence of Middle Fork with West Fork near Williamsport. • West Fork from vicinity of Co. Rd. 914 (Y-Camp Road) bridge crossing east to confluence of West Fork with Middle Fork near Williamsport. • Total designation is 33 miles.

Little Miami (National Wild and Scenic River System) • Little Miami River - St. Rt. 72 at Clifton to the Ohio River • Caesar Creek: lower two miles of Caesars Creek. • Total designation is 94 miles.

(e) Endangered Species: Due to the potential presence of Federally threatened or endangered species or their habitats, Notification is required for all work in the following waterway or township of the corresponding county:

County Waterway Township Adams Ohio Brush Creek, Ohio River, Scioto Brush Creek, South Fork Scioto Brush Creek, West Fork Ohio Brush Creek Allen Auglaize River, Cranberry Creek, Ottawa River, Riley Creek, Sugar Creek Ashtabula Grand River, Pymatuning Creek Athens Ohio River Auglaize Auglaize River, Pusheta Creek, St. Marys River Belmont Ohio River Brown Eagle Creek, East Fork Eagle Creek, East Fork Little Miami River, East Fork Whiteoak Creek, Ohio River, Straight Creek, West Fork Eagle Creek, Whiteoak Creek Butler Dicks Creek, Dry Fork Whitewater River, Elk Creek, Four Mile Creek, Great Miami River, Indian Creek, Sevenmile Creek Champaign Chapman Creek, Kings Creek, Mad River, Nettle Creek Clark Beaver Creek, Chapman Creek, Honey Creek, Bethel Little Miami River, Mad River, Mud Run Clermont East Fork Little Miami River, Indian Creek, Little Miami River, O’Bannon Creek, Ohio River, Stonelick Creek Clinton Anderson Fork, Cowan Creek, Little East Fork, Rattlesnake Creek, Todd Fork Little Miami River Columbiana Ohio River Coshocton Doughty Creek, Killbuck Creek, Kokosing River, Mill Creek, Mohican River, Muskingum River, Tuscarawas River, Wakatomika Creek, Walhonding River, White Eyes Creek, Wills Creek Crawford Broken Sword Creek, Olentangy River, Sandusky River, Sycamore Creek Darke Greenmile Creek, Painter Creek, Stillwater River, Swamp Creek, West Branch Greenmile Creek Defiance Auglaize River, Gordon Creek, Lick Creek, Milford Lost Creek, Maumee River, Mud Creek, North Powell Creek, South Powell Creek, St. Joseph River, Tiffin River Delaware Alum Creek, Big Walnut Creek, Bokes Creek, Mill Creek, Olentangy River, Scioto River,

Whetstone Creek

Fairfield Clear Creek, Hocking River, Rush Creek, Salt Creek, Walnut Creek Fayette Compton Creek, Deer Creek, East Fork Paint Creek, North Fork Compton Creek, Paint Creek, Rattlesnake Creek, Sugar Creek Franklin Alum Creek, Big Darby Creek, Big Walnut Creek, Blacklick Creek, Hellbranch Run, Little Darby Creek, Olentangy River, Scioto River, Walnut Creek Fulton Bad Creek, Brush Creek, Mill Creek, Swan Creek, Tenmile Creek, Tiffin River Gallia Ohio River Greene Caesar Creek, Little Miami River, Mad River, Massies Creek, Mud Run Hamilton Dry Fork Whitewater River, Great Miami River, Mill Creek, Ohio River, West Fork Mill Creek, Whitewater River Hancock Blanchard River, Eagle Creek, Ottawa Creek, Riley Creek Hardin Blanchard River, Ottawa River, Panther Creek, Blanchard, Scioto River, Taylor Creek Jackson Henry Bad Creek, Beaver Creek, Brush Creek, Lost Creek, Maumee River, South Turkeyfoot Creek, Turkeyfoot Creek Highland Baker Fork, East Fork Little Miami River, East Fork Whiteoak Creek, Lees Creek, Paint Creek, Rattlesnake Creek, Rocky Fork, Whiteoak Creek Holmes Prairie Jefferson Ohio River Lake Grand River Lawrence Ohio River Logan Cherokee Mans Run, Great Miami River, Mad River, Mill Creek, Muchinippi Creek, Rush Creek, Stoney Creek Lucas Maumee River, Swan Creek, Tenmile Creek Jerusalem Madison Big Darby Creek, Bradford Creek, Deer Creek, Little Darby Creek, Paint Creek, Spring Fork, Walnut Run Marion Little Scioto River, Mud Run, Olentangy River, Rush Creek, Scioto River, Tymochtee Creek Meigs Ohio River Mercer Beaver Creek, Black Creek, Burntwood Creek,

Chickasaw Creek, Goldwater, Little Beaver Creek, Little Black Creek, Mile Creek, St. Marys River, Twelvemile Creek, Wabash River Miami Great Miami River, Greenville Creek, Honey Creek, Lost Creek, Ludlow Creek, Painter Creek, Spring Creek, Stillwater River Monroe Ohio River Montgomery Great Miami River, Little Bear Creek, Mad River, Stillwater River, Twin Creek, Wolf Creek Morgan Muskingum River Morrow Alum Creek, Big Walnut Creek, Kokosing River, Olentangy River, Shaw Creek, Whetstone Creek Muskingum Muskingum River Ottawa Cedar Creek, Crane Creek, Muddy Creek, Nine Mile Creek, Packer Creek, Portage River, Sugar Creek, Terwilegars Pond, Toussaint Creek, Turtle Creek, Wolf Creek Paulding Auglaize River, Blue Creek, Dog Creek, Flatrock Creek, Gordon Creek, Hagerman Creek, Hoaglin Creek, Little Auglaize River, Maddox Creek, Maumee River, Prairie Creek, Town Creek Pickaway Big Darby Creek, Big Walnut Creek, Deer Creek, Scioto River, Scippo Creek, Walnut Creek Pike Beaver Creek, Crooked Creek, Peepee Creek, Scioto River, Sunfish Creek Portage Aurora Preble Bantas Fork, Four Mile Creek, Price Creek, Sevenmile Creek, Twin Creek Putnam Auglaize River, Blanchard River, Cranberry Creek, Little Auglaize River, North Powell Creek, Ottawa River, Plum Creek, Riley Creek, South Powell Creek, Sugar Creek Ross Buckskin Creek, Deer Creek, Kinnikinnick Creek, Little Salt Creek, North Fork Paint Creek, Paint Creek, Pigeon Creek, Salt Creek, Scioto River, Walnut Creek Sandusky East Branch Sandusky River, Green Creek, Riley Little Muddy Creek, Muddy Creek, Muskellunge Creek, Nine Mile Creek, Pickerel Creek, Portage River, Sandusky River, South Creek, Sugar Creek, Toussaint Creek, Wolf Creek (Portage River), Wolf Creek (Sandusky 27

River)

Scioto Little Scioto River, Ohio River, Pine Creek, Rush, Union Rocky Fork, Scioto Brush Creek, Scioto River, South Fork Scioto Brush Creek, Turkey Creek Seneca East Branch Sandusky River, Green Creek, Honey Creek, Rock Creek, Sandusky River, Wolf Creek Shelby Great Miami River, Leatherwood Creek, Loramie Creek, Mile Creek, Mosquito Creek Trumbull Grand River, Pymatuning Creek Union Big Darby Creek, Bokes Creek, Little Darby Creek, Mill Creek, Rush Creek Van Wert Black Creek, Blue Creek, Dog Creek, Hagerman Creek, Hoaglin Creek, Little Auglaize River, Maddox Creek, St. Marys River, Town Creek Warren Clear Creek, Great Miami River, Little Miami River, Todd Fork Washington Muskingum River, Ohio River Wayne Clinton, Wooster Williams Bear Creek, Brush Creek, Clear Fork, Eagle Bridgewater, Creek, East Branch St. Joseph River, Fish Center, Florence, Creek, Lick Creek, Mill Creek, Nettle Creek, Jefferson, St. Joseph River, Tiffin River, West Branch St. Madison, Joseph River Northwest, St. Joseph, Superior Wood Beaver Creek, Brush Creek, Bull Creek, Cedar Creek, Crane Creek, Cutoff Ditch, East Branch Portage River, Maumee River, Middle Branch Portage River, Portage River, Rocky Ford, South Branch Portage River, Toussaint Creek Wyandot Broken Sword Creek, Sandusky River, Sycamore Creek, Tymochtee Creek

Note: As mentioned in General Condition 18-Endangered Species, Federal Agencies should follow their own procedures for complying with the requirements of the ESA. Federal applicants must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.

(f) Critical Resource Waters: Notification is required for all work in Critical Resource Waters. The following are designated as Critical Resource Waters:

Special habitat waters of Lake Erie including the shoreline, off shore islands, rock outcrops, and adjacent waters within the boundaries defined as 82° 22’ 30” West Longitude, 83° 07’ 30” West Longitude, 41° 33’ 00” North Latitude, and 42°00’00” 28

North Latitude.

• In Ohio, two areas have been designated critical habitat for the piping plover (Charadrius melodus) and are defined as lands 0.62 miles inland from normal high water line. Unit OH-1 extends from the mouth of Sawmill Creek to the western property boundary of Sheldon Marsh State Natural Area, Erie County, encompassing approximately 2.0 miles. Unit OH-2 extends from the eastern boundary line of Headland Dunes Nature Preserve to the western boundary of the Nature Preserve and Headland Dunes State Park, Lake County, encompassing approximately 0.5 mile.

(g) Oak Openings: Notification is required for all activities conducted in the Oak Openings Region of Northwest Ohio located in Lucas, Henry, and Fulton counties. For a map of the Oak Openings Region, visit http://www.oakopen.org/maps/.

6. Notification Submittals: In addition to the information required under Nationwide Permit General Condition 31, the following information is needed for all Notifications:

(a) Drawings: The Notification must include project drawings on 8 1/2” x 11” paper. The illustrations must clearly depict the project boundaries and include all known elements and phases of the proposed work. Three types of illustrations are needed to properly depict the work to be undertaken. These illustrations or drawings are identified as a Vicinity Map (i.e. a location map such as a USGS topographical map), a Plan View and a Typical Cross-Section. Each illustration should identify the project, the applicant, and the type of illustration (vicinity map, plan view or cross-section). In addition, each illustration should be identified with a figure or attachment number.

(b) United States Fish & Wildlife Service (USFWS): Prior to submitting notifications, it is recommended that the applicant contact the USFWS, Ohio Ecological Services Field Office by phone at (614) 416-8993, by e-mail at [email protected], through their website at http://www.fws.gov/midwest/ohio, or by writing to 625 Morse Road, Suite 104, Columbus, OH 43230. The USFWS can provide information to assist in complying with Nationwide Permit General Condition 18 pertaining to endangered species and Nationwide Permit General Condition 19 pertaining to migratory birds and bald and golden eagles. The USFWS can also provide project recommendations specific to Federal Candidate species and the bald eagle (Haliaeetus leucocephalus). Federal Candidate species are those for which the USFWS has sufficient information to propose them as endangered or threatened under the Endangered Species Act (ESA), but for which a listing proposal is precluded by other higher priority listing activities. Information regarding Federal Candidate species can be found at: http://www.fws.gov/midwest/endangered/section7/s7process/index.html.

Bald Eagle: Applicants must ensure that activities associated with Nationwide Permits do not result in unpermitted take of bald eagles (Haliaeetus leucocephalus) under the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act. Information regarding activities that may result in take of bald eagles, thus requiring a permit from the USFWS

29 under the Act, can be found at http://www.fws.gov/midwest/MidwestBird/EaglePermits/index.html. Applicants should determine whether a bald eagle nest is located near a permitted activity by contacting the U.S. Fish and Wildlife Service, Ohio Ecological Services Field Office, 4625 Morse Road, Suite 104, Columbus, Ohio 43230, phone: 614-416-8993, http://www.fws.gov/midwest/Ohio/.

All relevant information obtained from the USFWS should be submitted with the Notification.

(c) Cultural Resources: The Notification must provide justified conclusions concerning whether or not the proposed activity could affect any historic properties listed, determined to be eligible, or which you have reason to believe may be eligible, for listing on the National Register of Historic Places. This data shall be utilized by the Corps to determine if the proposed activity has the potential to affect historic properties. Be advised that further effort may be required to take into account the effects the proposed activity may have on historic properties, as required by the National Historic Preservation Act of 1966.

To ensure compliance with Nationwide Permit General Condition 20, the following basic project information is needed:

(1) A detailed description of the project site in its current condition (i.e. prior to construction activities) including information on the terrain and topography of the project site, the acreage of the project site, the proximity of the project site to major waterways, and any known disturbances within the project site. Photographs, keyed to mapping, are also needed which show the site conditions and all buildings or structures both within the project site and on adjacent parcels.

(2) A detailed description of past land uses in the project site. Particular attention should be given to past activities pertinent to the potential for historic properties to exist in the project area. Photographs and maps supporting past land uses should be provided as available.

(3) A detailed description of the construction activities proposed to take place on the project site and a comparison of how the site will look after completion of the project compared to how it looked before the project.

(4) Information regarding any past cultural resource studies or coordination pertinent to the project area, if available.

(5) Any other data the applicant deems pertinent.

The applicant is encouraged to consult with professionals meeting the Professional Qualification Standards as set forth in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (48 FR 44716) during this data

30 gathering process. These professionals can assist with compiling the basic project information discussed above and should provide recommendations as to whether or not the proposed project has the potential to affect historic properties and if further effort is required or not required to identify historic properties or assess potential effects to historic properties. These professionals can also compile basic preliminary review information to submit to the district engineer. A preliminary resource review encompasses a search radius of 2 miles, centered on the project area, and consists of the following resources:

(1) OHPO United States Geological Survey (USGS) 7.5’ series topographic maps; (2) Ohio Archaeological Inventory (OAI) files; (3) Ohio Historic Inventory files (OHI); (4) OHPO Cultural Resources Management (CRM)/contract archaeology files; (5) National Register of Historic Places (NRHP) files including Historic Districts; and (6) County atlases, histories and historic USGS 15’ series topographic map(s).

As an alternative to submitting the information described above, the applicant may choose to complete the Ohio Historic Preservation Office Section 106 Review Project Summary Form or request comments from the Ohio Historic Preservation Office and district engineer on specific requirements appropriate to the particular circumstances of the project. Similarly, the applicant may choose to hire someone meeting the Professional Qualification Standards as set forth in the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation (48 FR 44716) to conduct what they recommend to be appropriate historic property identification efforts (e.g. archeological survey and/or historic structure inventories) to expedite the review process. Be advised, undertaking identification efforts prior to consideration of the potential of the proposed activity to affect historic properties by the Corps in not without risk. It is possible that previous efforts could be determined insufficient or even potentially unnecessary once reviewed by the Corps and other consulting parties.

Upon receipt and review of the information listed above, the Corps will evaluate the submittal. If the Corps determines the proposed activity has the potential to cause effects to a historic property, the Corps will seek consulting parties. In consultation with those parties, the Corps will scope appropriate historic property identification efforts and take into account the effect of the proposed activity on historic properties.

(d) National Wild and Scenic Rivers: Prior to submitting Notifications for work in a National Wild and Scenic River System, it is recommended that the applicant contact the National Park Service Regional Wild and Scenic Rivers Specialist, at the Midwest Regional Office, 601 Riverfront Drive, Omaha, Nebraska 68102, for assistance in complying with Nationwide Permit General Condition 16.

(e) 401 Water Quality Certification: For activities that result in between 1/10 and ½ acre of loss of waters of the U.S., two copies of the Notification must be submitted. In order to determine if a project meets the terms and conditions of Ohio EPA’s 401 water quality certification the following additional information must be submitted:

1) To determine the quality of the wetlands on the site, all wetland delineations must include the latest approved version of the Ohio Rapid Assessment Method (ORAM) for wetland evaluation long form; and

2) Photographs of all the waterbodies.

Prior to submitting Notifications, the applicant may contact Ohio EPA, Division of Surface Water by writing to (614) 644-2001 at P.O. Box 1049, Columbus, Ohio 43216- 1049 and request verification of the ORAM score of the wetlands on the site to expedite the permit process. All relevant information obtained from Ohio EPA should be submitted with the Notification.

(f) Agency Coordination: In an effort to expedite full agency permit review, it is requested that the applicant submit five (5) copies of the Notification package when the Notification requires full agency coordination in accordance with Nationwide Permit General Condition 31 (d)(2). Applicants are encouraged to submit this information in electronic format as CDs, in order to minimize the use of paper.

(g) Floodplain Coordination: All Notifications must include a copy of the applicable FIRM map. You can get a FIRMette free from: http://www.msc.fema.gov. From this page select the “Product Catalog” tab at the top. Then select “Effective FIRMs /FHBMs”. The choices allow you to select a state and county. Then you follow the instructions to create a FIRMette. In addition, from the same web-site, you can obtain a FIRMette for a specific address. From http://www.msc.fema.gov conduct a “Product Search” for “Public Flood Map” and then follow the instructions to create a FIRMette.

Note 1: In circumstances where there is another lead Federal agency with set procedures for addressing Endangered Species, Cultural Resources, and National Wild and Scenic River Coordination, the applicant can submit documentation showing the coordination has already been completed instead of submitting the additional Notification information requested above.

Note 2: Nationwide Permit General Condition 31 requires the applicant to include a delineation of special aquatic sites and all other waters of the U.S. on the project site. Special aquatic sites include sanctuaries and refuges, wetlands, mudflats, vegetated shallows, coral reefs, and riffle and pool complexes.

G. General Limitations and Conditions for all Ohio EPA Certified Nationwide Permits

A. Culverts

For intermittent and perennial streams:

1. Bottomless or buried culverts are required when culvert size is greater than 36” diameter. This condition does not apply if the culverts will have a gradient of greater than 1% grade or is installed on bedrock. A buried culvert means that the bottom 10% by dimension shall be buried below the existing stream bed elevation.

2. The culvert shall be designed and sized to accommodate bankfull discharge and match the existing depth of flow to facilitate the passage of aquatic organisms.

3. When practicable, culverts shall be installed at the existing streambed slope, , to allow for the natural movement of bedload and aquatic organisms.

4. The conditions in this section apply only to the installation of new culverts regardless of which NWP is used to authorize the activity.

B. Best Management Practices

1. All best management practices for storm water management shall be designed and implemented in accordance with the most current edition of the NPDES construction general permit available at: http://www.epa.ohio.gov/dsw/storm/construction_index.aspx#Construction%20General% 20Permit, or any watershed specific construction general permit.

2. All avoided water resources and associated buffers/riparian areas shall be demarcated in the field and protected with suitable materials (e.g., silt fencing, snow fencing, signage, etc.) prior to site disturbance. These materials shall remain in place and be maintained throughout the construction process.

3. Disturbance and removal of vegetation from the project construction area is to be avoided where possible and minimized when necessary. Entry to surface waters shall be through a single point of access whenever practicable to minimize disturbance to riparian habitat. Unavoidable temporary impacts to forested riparian habitat shall be restored as soon as practicable after in-water work is complete using tree and shrub species native to the specific ecoregion where the project is located.

4. All dredged material placed at an upland site shall be controlled so that sediment runoff to adjacent surface waters is minimized to the maximum extent practicable.

5. Straw bales shall not be used as a form of erosion/sediment control unless used in conjunction with another structural control such as silt fencing.

6. Heavy equipment shall not be placed below the ordinary high water mark of any surface water, except when no other alternative is practicable.

7. Temporary fill shall consist of suitable non-erodible material and shall be stabilized to prevent erosion.

8. Cadmium chromium arsenate (CCA) and creosote treated lumber shall not be used in structures that come into contact with waters of the state.

C. Mitigation

1. Compensatory mitigation is required for the discharge of dredged or fill material into wetlands, whether temporary or permanent, exceed one-tenth acre.

2. When required, compensatory mitigation shall be provided in accordance with chapters 3745-1 and 3745-32 of the Ohio Administrative Code.

3. When compensatory mitigation will be provided wholly or in part at a mitigation bank, credit purchase shall only be authorized at those banks approved by the interagency review team and having an active instrument signed by the director of Ohio EPA.

4. Compensatory mitigation projects for stream impacts shall result in the preservation, restoration, or enhancement of stream habitat and/or biological functions.

5. Stream restoration activities shall maintain or enhance the habitat values of the stream as determined by an appropriate habitat assessment method and adhere to “natural channel design” principles. Natural channel design means a technique that integrates knowledge of natural stream processes to create a stable stream that maintains its form and function over time and achieves a targeted habitat or biological end point.

D. Miscellaneous

1. Nationwide permits cannot be combined to increase any of the special or general limitations and conditions of this certification.

2. Authorization under this certification does not relieve the permittee from the responsibility of obtaining any other federal, state or local permits, approvals or authorizations.

3. In the event that the issuance of a nationwide permit by the Corps requires individual state water quality certification for an activity that constitutes an emergency as defined in 33 CFR 325.2(e)(4), the limitation and/or condition requiring the individual water quality certification is not applicable and the project may proceed upon approval by the Corps provided all other terms of this certification, including mitigation, have been met.

4. In nationwide permits where the district engineer has been granted authority to waive certain requirements, the corresponding general limitations and conditions of this certification as well as specific nationwide permit conditions shall apply unless written authorization from the director of Ohio EPA is obtained to authorize additional impacts.

5. For any project that does not meet one or more of the terms and conditions of this certification as they pertain to stream and lake shoreline length limitations, stream designated/existing aquatic life uses and stream antidegradation categories, Ohio EPA may determine, on a case-by-case basis, that a project will have such a minimal impact on water quality that individual state water quality certification is not necessary provided all other terms and conditions of this certification, including mitigation, have been met.

To qualify for consideration, the applicant must provide to Ohio EPA the following information:

a. a copy of the pre-construction notification submitted to the Army Corps of Engineers including all attachments;

b. a copy of the provisional nationwide permit issued by the Army Corps of Engineers including all attachments and special conditions, if any;

c. a detailed description of the proposed mitigation or a copy of the mitigation plan as approved by the Army Corps of Engineers;

d. a rationale of how the applicant believes the project will minimally impact water quality; and

e. any other documentation as may be required under this certification.

Pending such a determination, all of the limitations and conditions of this certification shall apply unless written authorization from the director of Ohio EPA, stating otherwise, is obtained.

6. Representatives from Ohio EPA, Division of Surface Water will be allowed to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of this certification. This includes, but is not limited to, access to and copies of any records that must be kept under the conditions of this certification; and, authorization to sample and/or monitor any discharge activity or mitigation site. Ohio EPA will make a reasonable attempt to notify the applicant of its intention to inspect the site in advance of that inspection.

H. Definitions

Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non-structural.

Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.

Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.

Direct effects: Effects that are caused by the activity and occur at the same time and place.

Discharge: The term “discharge” means any discharge of dredged or fill material.

Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.

Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow.

Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area.

High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm.

Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60).

Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps regulatory program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility.

Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable.

Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow.

Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre-construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not considered when calculating the loss of waters of the United States.

Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line).

Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of standing or flowing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of “open waters” include rivers, streams, lakes, and ponds.

Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas (see 33 CFR 328.3(e)).

Perennial stream: A perennial stream has flowing water year-round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow.

Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work

37 and its anticipated environmental effects. Pre-construction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre-construction notification may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit.

Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions.

Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re- establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions.

Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area.

Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: re-establishment and rehabilitation.

Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools.

Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.)

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of

38 shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat.

Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.

Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization.

Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment.

Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff.

Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed.

Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States.

Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent

39 mooring structure, power transmission line, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.

Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR 328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located channelward of the high tide line, which is defined at 33 CFR 328.3(d).

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems.

Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a jurisdictional wetland is adjacent – meaning bordering, contiguous, or neighboring – to a waterbody determined to be a water of the United States under 33 CFR 328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of “waterbodies” include streams, rivers, lakes, ponds, and wetlands.