Press Release:

March 23, 2012

Recently the U.S. Army Corps of Engineers (Corps) issued the 2012 version of their Nationwide Permits (NWPs) and the Missouri Department of Natural Resources (MDNR) released the corresponding 2012 Missouri General and Specific Conditions.

The 2012 Missouri General and Specific Conditions state which activities authorized under NWPs receive automatic Clean Water Act Section 401 Water Quality Certification as long as certain conditions are followed and which ones require individual certification. Notably, the 2012 Missouri General and Specific Conditions state that two common permits, NWP 29 – Residential Developments and NWP 39 – Commercial and Institutional Developments, will no longer require individual certification as long as the conditions stated below are followed. This change will reduce permitting timeframes and reduce permitting costs for many projects throughout Missouri.

• NWPs shall not allow the filling of jurisdictional springs.

• Acquisition of a NWP(s) and the attendant certification(s) shall not be construed or interpreted to imply the requirements for other permits are replaced or superseded, including Clean Water Act Section 402 National Pollution Discharge Elimination System (NPDES) Permits for land disturbance or return water from material deposition. Permits or any other requirements shall remain in effect.

• Care shall be taken to keep machinery out of the waterway as much as possible. Fuel, oil and other petroleum products, equipment, construction materials and any solid waste shall not be stored below the ordinary high water mark at any time or in adjacent floodway beyond normal working hours. All precautions shall be taken to avoid the release of wastes or fuel to streams and other adjacent waters as a result of this operation.

• Petroleum products spilled into any water or on the banks where the material may enter water of the state shall be immediately cleaned up and disposed of properly. Any such spills of petroleum shall be reported as soon as possible, but no later than 24 hours after discovery to the MDNRs’ Environmental Emergency Response number at (573) 634-2436.

• Only clean nonpolluting fill shall be used. The following materials are not suitable for bank stabilization and shall not be used due to their potential to cause violations of the general criteria of the Water Quality Standards (10 CSR 20-7.031 (3)(A)-(H)):

• Earthen fill, gravel, broken concrete where the material does not meet the specifications stated in the Missouri NWP Regional Conditions ( http://www.nwk.usace.army.mil/regulatory/nwp_2012/nwp.htm ) and fragmented asphalt, since these material are usually not substantial enough to withstand erosive flows;
• Concrete with exposed rebar;
• Tires, vehicles or vehicle bodies, construction or demolition debris are solid waste and are excluded from placement in the water of the state;
• Liquid concrete, including grouted riprap, if not placed as part of an engineered structure;
• Any material containing chemical pollutants (including but not limited to creosote or pentachlorophenol).

• Clearing of vegetation/trees shall be the minimum necessary to accomplish the activity. A vegetated corridor shall be maintained from the high bank on either side of the jurisdictional channel to protect water quality and to provide for long-term stability of the stream channel, unless physical barriers prevent such a corridor. For purposes of this NWP, lack of ownership or control of any portion of this corridor may be considered a legitimate and discretionary cause to waive this requirement on that portion.

• This certification is not valid for any Section 404 Permit issued on a water that is:

• Listed as impaired by inorganic sediment, aquatic habitat alteration or unknown impairment as listed on the most current Water Quality Report (Section 305(b) Report);
• Located in or occur with two mile upstream of a designated outstanding state of national resource water; or
• Located in a designated metropolitan no-discharge stream.

• Streambed gradient shall not be permanently altered during the project construction.

• NWPs issued by the Corps for which the 300 linear foot threshold for stream impacts is waived by the district engineer shall require individual certification by the state. This is applicable to all NWPs where the permit has a 300 linear foot threshold including NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and, 52.

• No project under a NWP shall accelerate bed or bank erosion.

• Representative from the Department shall be allowed on the project property to inspect the authorized activity at any time deemed necessary to ensure compliance with permit conditions.

• You must submit a copy of the signed “Compliance Certification” referenced in NWP General Condition No. 30 as proof of project completion when the original is submitted to the Corps. This document is to be sent to the MDNR, Water Protection Program, P.O. Box 176, Jefferson City, MO 65102-0176 or electronically to wpsc401cert@dnr.mo.gov .

• After avoidance and minimization for the project, unavoidable stream impacts shall be mitigated appropriately. Mitigation for loss of aquatic resource shall be in conformance with the currently approved “Missouri Stream Mitigation Method” and the “State of Missouri Wetland Assessment Method” as well as other guidance located on-line at http://www.nwk.usace.army.mil/regulatory/compmit/compmit.htm .

• Best Management Practices shall be used during all phases of the project to limit the amount of discharge of water contaminants to water of the state. The project shall not involve more than normal stormwater or incidental loading of sediment caused by construction disturbances.

• Pursuant to Chapter 644.038, RSMo, the Department certifies all NWPs for impacts in all waters of the state without the above-stated or any other conditions for the construction of highway and bridges approved by the Missouri Highway and Transportation Commission. The Memorandum of Understanding of 2009 and any subsequent modifications between the two agencies outline the requirements by which the Missouri Department of Transportation will design and construct projects in order to protect the water quality of waters of the state.

For more information about the 2012 NWPs or the State of Missouri Clean Water Act Section 401 Water Quality Certification 2012 General and Specific Conditions please contact your local Terra Technologies office.