08-12-1981 Council Agenda - Laserfiche WebLink

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This determination is in accordance with CFR Title 33, NI323.4- 2(a)(1) which authorizes discharges into nontidal rivers, streams, and their impoundments including adjacent wetlands that are located above the headwaters. 323.4- 2(a)(2) which authorizes discharges into natural lakes, including their adjacent wetlands, that are less than 10 acres in surface area and that are fed or drained by a river or stream above the headwaters. In the absence of adjacent wetlands, the surface area of a lake shall be determined at the ordinary high watermark. 323.4- 2(a)(3) which authorizes discharges into natural lakes, including their adjacent wetlands, that are less than 10 acres in surface area and that are isolated and no part of a surface river or stream. In the absence of adjacent wetlands, the surface area of a lake shall be deter- mined at the ordinary high watermark. 0 323.4- 2(a)(4) which authorizes discharges into nontidal waters of the United States, including wetlands, other than isolated lakes larger than 10 acres that are not part of a surface tributary system to interstate waters or navigable waters of the United States. 323.4- 3(a)(1) which authorizes dredged or fill material placed as backfill or bedding for utility line crossings provided there is no change in preconstzuction bottom contours (excess materials must be removed to an upland disposal area). A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquifiable, or slurry "s substance, for any purpose, and any cable, line, or wire for the trans- mission for any purpose of electrical energy, telephone and telegraph message, and radio and television communication. However, discharges which will occur in the proximity of a public water supply intake or in areas of concentrated shellfish production; and discharges which will disrupt the movement of aquatic life which exists in the waterbody are not. authorized by this nationwide permit. 323.4- 3(a)(2) which authorizes material discharged for bank stabilization, provided that the bank stabilization activity is less than 500 feet in length, is necessary for erosion prevention, and is limited to less than an average of one cubic yard per running foot along the bank, provided further that no material for bank stabilization is placed in any wetland area, and provided further that no material is placed in any locality or in any manner so as to impair surface water flow into or out of any wetland area. However, discharges which will occur in the proximity of a public water supply intake or in areas of concentrated shellfish production; and discharges which will disrupt the movement of aquatic life which exists in the waterbody are not authorized by this nationwide permit. ■ Incl. 2 r0