The U.S. Army Corps of Engineers (USACE) Norfolk
District is proposing additional regional conditions to
clarify its interpretation of how to satisfy certain
requirements of Nationwide Permits Nos. 3 (Maintenance), 14
(Linear Transportation Projects) and 18 (Minor Discharges)
when used for projects that involve stream crossings.
In the conditions, the Norfolk District encourages the use
of bottomless culverts or bridges in lieu of pipes and box
culverts when crossing a stream. If a bottomless culvert or
bridge cannot be used (economics is a viable consideration),
the conditions require countersinking at both the invert and
outlet ends and the provision of low-flow baffle restrictions.
This requirement is designed to prevent the restriction of
low-flows and to allow for the movement of aquatic organisms.
It appears to apply to all streams (ephemeral, intermittent,
and perennial).
Old timers may recall that DEQ had similar conditions in
the early 1990s until they were removed during Governor
Allen's administration. Currently, VDOT has such requirements
for perennial or "live" stream crossings (though it is a
requirement not always implemented). And many DEQ Individual
Wetland Permits have included such requirements on a
case-by-case basis (usually just for perennial stream
crossings). Thus, this change will eliminate the current
confusion as to which streams need to be handled with a
depressed culvert.
Since the implementation of the SPGP program in November
2002, Nationwide Permit (NWP) No. 14 is authorized for use
with tidal crossings only. However, since the
requirements for NWP 14 for nontidal crossings are virtually
identical to those for linear transportation projects within
SPGP-01, it is likely that the COE will revise the SPGP
conditions to similarly encourage the use of bottomless
culverts or bridges in lieu of pipes or box culverts.
All
site engineers and land developers should read these proposed
conditions because they will require, in most instances, the
sizes of all culverts and pipes to be increased 6 to 12 inches
in height or diameter to still accommodate design flow
requirements. Typically, these condition changes are effective
immediately when issued in final form, with a 12-month
transition period for projects already permitted by the Corps.
Therefore, it is very possible that you may have plans
approved by the County that will need revision if the project
has not already been permitted by the USACE, or will not be
built within the transition period.
Public comments to the
Corps' proposed regional conditions are due
by November 3, 2003.
