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• <br /> 14. Road Crossing. Fills for roads crossing waters of the United States (including wetlands and other special <br /> aquatic sites) provided: <br /> a. The width of the fill is limited to the minimum necessary for the actual crossing; <br /> b. The fill placed in waters of the United States is limited to a filled area of no more than 1/3 acre. <br /> Furthermore, no more than a total of 200 linear feet of the fill for the roadway can occur in special aquatic <br /> sites, incladim wetlands; <br /> c. The crossing is culverted, bridged or otherwise designed to prevent the restriction of, and to withstand, <br /> expected high flows and tidal flows, and to prevent the restriction of low flows and the movement of aquatic <br /> organisms; <br /> d. The crossing, including all attendant features, both temporary and permanent, is part of a single and <br /> complete project for crossing of a water of the United States; and, <br /> e. For fills in special aquatic sites, including wetlands, the permittee notifies the district engineer in <br /> accordance with the "Notification" general condition. The notification must also include a delineation of <br /> affected special aquatic sites, including wetlands. <br /> Some road fills may be eligible for an exemption from the need for a Section 404 permit altogether (see 33 <br /> CFR 323.4). Also, where local circumstances indicate the need, district engineers will define the term "expected <br /> high flows" for the purpose of establishing applicability of this nationwide permit. (Sections 10 and 404) <br /> 15. U.S. Coast Guard Approved Bridges. Discharges of dredged or fill material incidental to the construction of <br /> bridges across navigable waters of the United States, including cofferdams, abutments, foundation seals, piers, and <br /> temporary construction and access fills provided such discharges have been authorized by the U.S. Coast Guard as <br /> part of the bridge permit. Causeways and approach fills are not included in this nationwide permit and will require <br /> an individual or regional Section 404 permit. (Section 404) <br /> 16. Return Water From Upland Contained Disposal Areas. Return water from an upland, contained dredged <br /> material disposal area. The dredging itself requires a Section 10 permit if located in navigable waters of the United <br /> States. The return water from a contained disposal area is a iministratively defined as a discharge of dredged <br /> material by 33 CFR 323.2(d) even though the disposal itself occurs on the upland and thus does not require a <br /> Section 404 permit. This nationwide permit satisfies the technical requirement for a Section 404 permit for the <br /> return water where the quality of the return water is controlled by the state through the Section 401 certification <br /> procedures. (Section 404) <br /> 17. Hydropower Projects. Discharges of dredged or fill material associated with a) small hydropower projects at <br /> existing reservoirs where the project, which includes the fill, is licensed by the Federal Energy Regulatory <br /> Commission (FERC) under the Federal Power Act of 1920, as amended; and has a total generating capacity of not <br /> more than 5000 KW; and the permittee notifies the district engineer in accordance with the "Notification" general <br /> condition; or b) hydropower projects for which the FERC has granted an exemption from licensing pursuant to <br /> Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705 and 2708) and Section 30 of the Federal Power <br /> Act, as amended; provided the permittee notifies the district engineer in accordance with the "Notification" general <br /> condition. (Section 404) <br /> 5 <br />