Wetland Procedures Guidance

WETLAND AND WATERBODY CONSTRUCTION AND
MITIGATION PROCEDURES

MAY 2013 VERSION

WETLAND AND WATERBODY CONSTRUCTION AND
MITIGATION PROCEDURES
TABLE OF CONTENTS
I.

APPLICABILITY ................................................................................................................ 1

II.

PRECONSTRUCTION FILING ......................................................................................... 2

III.

ENVIRONMENTAL INSPECTORS ................................................................................. 3

IV.

PRECONSTRUCTION PLANNING ................................................................................. 3

V.

WATERBODY CROSSINGS ............................................................................................ 5
A.
NOTIFICATION PROCEDURES AND PERMITS ........................................... 5
B.
INSTALLATION .................................................................................................. 5
1. Time Window for Construction ............................................................................ 5
2. Extra Work Areas .................................................................................................. 5
3. General Crossing Procedures ................................................................................ 6
4. Spoil Pile Placement and Control ......................................................................... 7
5. Equipment Bridges ................................................................................................ 7
6. Dry-Ditch Crossing Methods ................................................................................ 8
7. Crossings of Minor Waterbodies .......................................................................... 9
8. Crossings of Intermediate Waterbodies .............................................................. 10
9. Crossings of Major Waterbodies ........................................................................ 10
10. Temporary Erosion and Sediment Control ......................................................... 10
11. Trench Dewatering .............................................................................................. 11
C.
RESTORATION ................................................................................................. 11
D.
POST-CONSTRUCTION MAINTENANCE.................................................... 12

VI.

WETLAND CROSSINGS ................................................................................................ 13
A.
GENERAL .......................................................................................................... 13
B.
INSTALLATION ................................................................................................ 14
1. Extra Work Areas and Access Roads ................................................................. 14
2. Crossing Procedures ............................................................................................ 15
3. Temporary Sediment Control.............................................................................. 16
4. Trench Dewatering .............................................................................................. 17
C.
RESTORATION ................................................................................................. 17
D.
POST-CONSTRUCTION MAINTENANCE AND REPORTING .................. 18

VII.

HYDROSTATIC TESTING ............................................................................................. 19
A.
NOTIFICATION PROCEDURES AND PERMITS ......................................... 19
B.
GENERAL .......................................................................................................... 19
C.
INTAKE SOURCE AND RATE........................................................................ 19
D.
DISCHARGE LOCATION, METHOD, AND RATE ...................................... 20

i

MAY 2013 VERSION

WETLAND AND WATERBODY
CONSTRUCTION AND MITIGATION PROCEDURES (PROCEDURES)

I.

APPLICABILITY
A.

The intent of these Procedures is to assist project sponsors by identifying baseline
mitigation measures for minimizing the extent and duration of project-related
disturbance on wetlands and waterbodies. Project sponsors shall specify in their
applications for a new FERC authorization, and in prior notice and advance notice
filings, any individual measures in these Procedures they consider unnecessary,
technically infeasible, or unsuitable due to local conditions and fully describe any
alternative measures they would use. Project sponsors shall also explain how those
alternative measures would achieve a comparable level of mitigation.
Once a project is authorized, project sponsors can request further changes as
variances to the measures in these Procedures (or the applicant’s approved
procedures). The Director of the Office of Energy Projects (Director) will consider
approval of variances upon the project sponsor’s written request, if the Director
agrees that a variance:
1.

provides equal or better environmental protection;

2.

is necessary because a portion of these Procedures is infeasible or unworkable
based on project-specific conditions; or

3.

is specifically required in writing by another federal, state, or Native
American land management agency for the portion of the project on its land
or under its jurisdiction.

Sponsors of projects planned for construction under the automatic authorization
provisions in the FERC’s regulations must receive written approval for any variances
in advance of construction.
Project-related impacts on non-wetland areas are addressed in the staff’s Upland
Erosion Control, Revegetation, and Maintenance Plan (Plan).

1

MAY 2013 VERSION

B.

DEFINITIONS
1.

2.

II.

“Waterbody” includes any natural or artificial stream, river, or drainage with
perceptible flow at the time of crossing, and other permanent waterbodies
such as ponds and lakes:
a.

“minor waterbody” includes all waterbodies less than or equal to 10
feet wide at the water’s edge at the time of crossing;

b.

“intermediate waterbody” includes all waterbodies greater than 10 feet
wide but less than or equal to 100 feet wide at the water’s edge at the
time of crossing; and

c.

“major waterbody” includes all waterbodies greater than 100 feet wide
at the water’s edge at the time of crossing.

“Wetland” includes any area that is not in actively cultivated or rotated
cropland and that satisfies the requirements of the current federal
methodology for identifying and delineating wetlands.

PRECONSTRUCTION FILING
A.

B.

The following information must be filed with the Secretary of the FERC (Secretary)
prior to the beginning of construction, for the review and written approval by the
Director:
1.

site-specific justifications for extra work areas that would be closer than 50
feet from a waterbody or wetland; and

2.

site-specific justifications for the use of a construction right-of-way greater
than 75-feet-wide in wetlands.

The following information must be filed with the Secretary prior to the beginning of
construction. These filing requirements do not apply to projects constructed under
the automatic authorization provisions in the FERC’s regulations:
1.

Spill Prevention and Response Procedures specified in section IV.A;

2.

a schedule identifying when trenching or blasting will occur within each
waterbody greater than 10 feet wide, within any designated coldwater fishery,
and within any waterbody identified as habitat for federally-listed threatened
or endangered species. The project sponsor will revise the schedule as
necessary to provide FERC staff at least 14 days advance notice. Changes
within this last 14-day period must provide for at least 48 hours advance
notice;

2

MAY 2013 VERSION

III.

IV.

3.

plans for horizontal directional drills (HDD) under wetlands or waterbodies,
specified in section V.B.6.d;

4.

site-specific plans for major waterbody crossings, described in section V.B.9;

5.

a wetland delineation report as described in section VI.A.1, if applicable; and

6.

the hydrostatic testing information specified in section VII.B.3.

ENVIRONMENTAL INSPECTORS
A.

At least one Environmental Inspector having knowledge of the wetland and
waterbody conditions in the project area is required for each construction spread.
The number and experience of Environmental Inspectors assigned to each
construction spread shall be appropriate for the length of the construction spread and
the number/significance of resources affected.

B.

The Environmental Inspector’s responsibilities are outlined in the Upland Erosion
Control, Revegetation, and Maintenance Plan (Plan).

PRECONSTRUCTION PLANNING
A.

The project sponsor shall develop project-specific Spill Prevention and Response
Procedures that meet applicable requirements of state and federal agencies. A copy
must be filed with the Secretary prior to construction and made available in the field
on each construction spread. This filing requirement does not apply to projects
constructed under the automatic authorization provisions in the FERC’s regulations.
1.

It shall be the responsibility of the project sponsor and its contractors to
structure their operations in a manner that reduces the risk of spills or the
accidental exposure of fuels or hazardous materials to waterbodies or
wetlands. The project sponsor and its contractors must, at a minimum, ensure
that:
a.

all employees handling fuels and other hazardous materials are
properly trained;

b.

all equipment is in good operating order and inspected on a regular
basis;

c.

fuel trucks transporting fuel to on-site equipment travel only on
approved access roads;

d.

all equipment is parked overnight and/or fueled at least 100 feet from
a waterbody or in an upland area at least 100 feet from a wetland
boundary. These activities can occur closer only if the Environmental
Inspector determines that there is no reasonable alternative, and the
3

MAY 2013 VERSION

project sponsor and its contractors have taken appropriate steps
(including secondary containment structures) to prevent spills and
provide for prompt cleanup in the event of a spill;

2.

e.

hazardous materials, including chemicals, fuels, and lubricating oils,
are not stored within 100 feet of a wetland, waterbody, or designated
municipal watershed area, unless the location is designated for such
use by an appropriate governmental authority. This applies to storage
of these materials and does not apply to normal operation or use of
equipment in these areas;

f.

concrete coating activities are not performed within 100 feet of a
wetland or waterbody boundary, unless the location is an existing
industrial site designated for such use. These activities can occur
closer only if the Environmental Inspector determines that there is no
reasonable alternative, and the project sponsor and its contractors
have taken appropriate steps (including secondary containment
structures) to prevent spills and provide for prompt cleanup in the
event of a spill;

g.

pumps operating within 100 feet of a waterbody or wetland boundary
utilize appropriate secondary containment systems to prevent spills;
and

h.

bulk storage of hazardous materials, including chemicals, fuels, and
lubricating oils have appropriate secondary containment systems to
prevent spills.

The project sponsor and its contractors must structure their operations in a
manner that provides for the prompt and effective cleanup of spills of fuel
and other hazardous materials. At a minimum, the project sponsor and its
contractors must:
a.

ensure that each construction crew (including cleanup crews) has on
hand sufficient supplies of absorbent and barrier materials to allow the
rapid containment and recovery of spilled materials and knows the
procedure for reporting spills and unanticipated discoveries of
contamination;

b.

ensure that each construction crew has on hand sufficient tools and
material to stop leaks;

c.

know the contact names and telephone numbers for all local, state,
and federal agencies (including, if necessary, the U. S. Coast Guard
and the National Response Center) that must be notified of a spill; and

4

MAY 2013 VERSION

d.

B.

follow the requirements of those agencies in cleaning up the spill, in
excavating and disposing of soils or other materials contaminated by a
spill, and in collecting and disposing of waste generated during spill
cleanup.

AGENCY COORDINATION
The project sponsor must coordinate with the appropriate local, state, and federal
agencies as outlined in these Procedures and in the FERC’s Orders.

V.

WATERBODY CROSSINGS
A.

B.

NOTIFICATION PROCEDURES AND PERMITS
1.

Apply to the U.S. Army Corps of Engineers (COE), or its delegated agency,
for the appropriate wetland and waterbody crossing permits.

2.

Provide written notification to authorities responsible for potable surface
water supply intakes located within 3 miles downstream of the crossing at
least 1 week before beginning work in the waterbody, or as otherwise
specified by that authority.

3.

Apply for state-issued waterbody crossing permits and obtain individual or
generic section 401 water quality certification or waiver.

4.

Notify appropriate federal and state authorities at least 48 hours before
beginning trenching or blasting within the waterbody, or as specified in
applicable permits.

INSTALLATION
1.

Time Window for Construction
Unless expressly permitted or further restricted by the appropriate federal or
state agency in writing on a site-specific basis, instream work, except that
required to install or remove equipment bridges, must occur during the
following time windows:

2.

a.

coldwater fisheries - June 1 through September 30; and

b.

coolwater and warmwater fisheries - June 1 through November 30.

Extra Work Areas
a.

Locate all extra work areas (such as staging areas and additional spoil
storage areas) at least 50 feet away from water’s edge, except where
5

MAY 2013 VERSION

the adjacent upland consists of cultivated or rotated cropland or other
disturbed land.

3.

b.

The project sponsor shall file with the Secretary for review and
written approval by the Director, site-specific justification for each
extra work area with a less than 50-foot setback from the water’s
edge, except where the adjacent upland consists of cultivated or
rotated cropland or other disturbed land. The justification must
specify the conditions that will not permit a 50-foot setback and
measures to ensure the waterbody is adequately protected.

c.

Limit the size of extra work areas to the minimum needed to construct
the waterbody crossing.

General Crossing Procedures
a.

Comply with the COE, or its delegated agency, permit terms and
conditions.

b.

Construct crossings as close to perpendicular to the axis of the
waterbody channel as engineering and routing conditions permit.

c.

Where pipelines parallel a waterbody, maintain at least 15 feet of
undisturbed vegetation between the waterbody (and any adjacent
wetland) and the construction right-of-way, except where maintaining
this offset will result in greater environmental impact.

d.

Where waterbodies meander or have multiple channels, route the
pipeline to minimize the number of waterbody crossings.

e.

Maintain adequate waterbody flow rates to protect aquatic life, and
prevent the interruption of existing downstream uses.

f.

Waterbody buffers (e.g., extra work area setbacks, refueling
restrictions) must be clearly marked in the field with signs and/or
highly visible flagging until construction-related ground disturbing
activities are complete.

g.

Crossing of waterbodies when they are dry or frozen and not flowing
may proceed using standard upland construction techniques in
accordance with the Plan, provided that the Environmental Inspector
verifies that water is unlikely to flow between initial disturbance and
final stabilization of the feature. In the event of perceptible flow, the
project sponsor must comply with all applicable Procedure
requirements for “waterbodies” as defined in section I.B.1.

6

MAY 2013 VERSION

4.

5.

Spoil Pile Placement and Control
a.

All spoil from minor and intermediate waterbody crossings, and
upland spoil from major waterbody crossings, must be placed in the
construction right-of-way at least 10 feet from the water’s edge or in
additional extra work areas as described in section V.B.2.

b.

Use sediment barriers to prevent the flow of spoil or silt-laden water
into any waterbody.

Equipment Bridges
a.

Only clearing equipment and equipment necessary for installation of
equipment bridges may cross waterbodies prior to bridge installation.
Limit the number of such crossings of each waterbody to one per
piece of clearing equipment.

b.

Construct and maintain equipment bridges to allow unrestricted flow
and to prevent soil from entering the waterbody. Examples of such
bridges include:
(1)
(2)
(3)
(4)

equipment pads and culvert(s);
equipment pads or railroad car bridges without culverts;
clean rock fill and culvert(s); and
flexi-float or portable bridges.

Additional options for equipment bridges may be utilized that achieve
the performance objectives noted above. Do not use soil to construct
or stabilize equipment bridges.
c.

Design and maintain each equipment bridge to withstand and pass the
highest flow expected to occur while the bridge is in place. Align
culverts to prevent bank erosion or streambed scour. If necessary,
install energy dissipating devices downstream of the culverts.

d.

Design and maintain equipment bridges to prevent soil from entering
the waterbody.

e.

Remove temporary equipment bridges as soon as practicable after
permanent seeding.

f.

If there will be more than 1 month between final cleanup and the
beginning of permanent seeding and reasonable alternative access to
the right-of-way is available, remove temporary equipment bridges as
soon as practicable after final cleanup.

7

MAY 2013 VERSION

g.

6.

Obtain any necessary approval from the COE, or the appropriate state
agency for permanent bridges.

Dry-Ditch Crossing Methods
a.

Unless approved otherwise by the appropriate federal or state agency,
install the pipeline using one of the dry-ditch methods outlined below
for crossings of waterbodies up to 30 feet wide (at the water’s edge at
the time of construction) that are state-designated as either coldwater
or significant coolwater or warmwater fisheries, or federallydesignated as critical habitat.

b.

Dam and Pump
(1)

The dam-and-pump method may be used without prior
approval for crossings of waterbodies where pumps can
adequately transfer streamflow volumes around the work area,
and there are no concerns about sensitive species passage.

(2)

Implementation of the dam-and-pump crossing method must
meet the following performance criteria:
(i)
(ii)

(iii)
(iv)
(v)

c.

use sufficient pumps, including on-site backup pumps,
to maintain downstream flows;
construct dams with materials that prevent sediment
and other pollutants from entering the waterbody (e.g.,
sandbags or clean gravel with plastic liner);
screen pump intakes to minimize entrainment of fish;
prevent streambed scour at pump discharge; and
continuously monitor the dam and pumps to ensure
proper operation throughout the waterbody crossing.

Flume Crossing
The flume crossing method requires implementation of the following
steps:
(1)

install flume pipe after blasting (if necessary), but before any
trenching;

(2)

use sand bag or sand bag and plastic sheeting diversion
structure or equivalent to develop an effective seal and to
divert stream flow through the flume pipe (some modifications
to the stream bottom may be required to achieve an effective
seal);

8

MAY 2013 VERSION

d.

(3)

properly align flume pipe(s) to prevent bank erosion and
streambed scour;

(4)

do not remove flume pipe during trenching, pipelaying, or
backfilling activities, or initial streambed restoration efforts;
and

(5)

remove all flume pipes and dams that are not also part of the
equipment bridge as soon as final cleanup of the stream bed
and bank is complete.

Horizontal Directional Drill
For each waterbody or wetland that would be crossed using the HDD
method, file with the Secretary for the review and written approval by
the Director, a plan that includes:
(1)

site-specific construction diagrams that show the location of
mud pits, pipe assembly areas, and all areas to be disturbed or
cleared for construction;

(2)

justification that disturbed areas are limited to the minimum
needed to construct the crossing;

(3)

identification of any aboveground disturbance or clearing
between the HDD entry and exit workspaces during
construction;

(4)

a description of how an inadvertent release of drilling mud
would be contained and cleaned up; and

(5)

a contingency plan for crossing the waterbody or wetland in
the event the HDD is unsuccessful and how the abandoned
drill hole would be sealed, if necessary.

The requirement to file HDD plans does not apply to projects
constructed under the automatic authorization provisions in the
FERC’s regulations.
7.

Crossings of Minor Waterbodies
Where a dry-ditch crossing is not required, minor waterbodies may be crossed
using the open-cut crossing method, with the following restrictions:
a.

except for blasting and other rock breaking measures, complete
instream construction activities (including trenching, pipe installation,
backfill, and restoration of the streambed contours) within 24 hours.
9

MAY 2013 VERSION

Streambanks and unconsolidated streambeds may require additional
restoration after this period;

8.

b.

limit use of equipment operating in the waterbody to that needed to
construct the crossing; and

c.

equipment bridges are not required at minor waterbodies that do not
have a state-designated fishery classification or protected status (e.g.,
agricultural or intermittent drainage ditches). However, if an
equipment bridge is used it must be constructed as described in
section V.B.5.

Crossings of Intermediate Waterbodies
Where a dry-ditch crossing is not required, intermediate waterbodies may be
crossed using the open-cut crossing method, with the following restrictions:

9.

a.

complete instream construction activities (not including blasting and
other rock breaking measures) within 48 hours, unless site-specific
conditions make completion within 48 hours infeasible;

b.

limit use of equipment operating in the waterbody to that needed to
construct the crossing; and

c.

all other construction equipment must cross on an equipment bridge
as specified in section V.B.5.

Crossings of Major Waterbodies
Before construction, the project sponsor shall file with the Secretary for the
review and written approval by the Director a detailed, site-specific
construction plan and scaled drawings identifying all areas to be disturbed by
construction for each major waterbody crossing (the scaled drawings are not
required for any offshore portions of pipeline projects). This plan must be
developed in consultation with the appropriate state and federal agencies and
shall include extra work areas, spoil storage areas, sediment control
structures, etc., as well as mitigation for navigational issues. The requirement
to file major waterbody crossing plans does not apply to projects constructed
under the automatic authorization provisions of the FERC’s regulations.
The Environmental Inspector may adjust the final placement of the erosion
and sediment control structures in the field to maximize effectiveness.

10.

Temporary Erosion and Sediment Control
Install sediment barriers (as defined in section IV.F.3.a of the Plan)
immediately after initial disturbance of the waterbody or adjacent upland.
10

MAY 2013 VERSION

Sediment barriers must be properly maintained throughout construction and
reinstalled as necessary (such as after backfilling of the trench) until replaced
by permanent erosion controls or restoration of adjacent upland areas is
complete. Temporary erosion and sediment control measures are addressed
in more detail in the Plan; however, the following specific measures must be
implemented at stream crossings:

11.

a.

install sediment barriers across the entire construction right-of-way at
all waterbody crossings, where necessary to prevent the flow of
sediments into the waterbody. Removable sediment barriers (or
driveable berms) must be installed across the travel lane. These
removable sediment barriers can be removed during the construction
day, but must be re-installed after construction has stopped for the day
and/or when heavy precipitation is imminent;

b.

where waterbodies are adjacent to the construction right-of-way and
the right-of-way slopes toward the waterbody, install sediment
barriers along the edge of the construction right-of-way as necessary
to contain spoil within the construction right-of-way and prevent
sediment flow into the waterbody; and

c.

use temporary trench plugs at all waterbody crossings, as necessary, to
prevent diversion of water into upland portions of the pipeline trench
and to keep any accumulated trench water out of the waterbody.

Trench Dewatering
Dewater the trench (either on or off the construction right-of-way) in a
manner that does not cause erosion and does not result in silt-laden water
flowing into any waterbody. Remove the dewatering structures as soon as
practicable after the completion of dewatering activities.

C.

RESTORATION
1.

Use clean gravel or native cobbles for the upper 1 foot of trench backfill in all
waterbodies that contain coldwater fisheries.

2.

For open-cut crossings, stabilize waterbody banks and install temporary
sediment barriers within 24 hours of completing instream construction
activities. For dry-ditch crossings, complete streambed and bank stabilization
before returning flow to the waterbody channel.

3.

Return all waterbody banks to preconstruction contours or to a stable angle of
repose as approved by the Environmental Inspector.

4.

Install erosion control fabric or a functional equivalent on waterbody banks at
the time of final bank recontouring. Do not use synthetic monofilament
11

MAY 2013 VERSION

mesh/netted erosion control materials in areas designated as sensitive wildlife
habitat unless the product is specifically designed to minimize harm to
wildlife. Anchor erosion control fabric with staples or other appropriate
devices.
5.

Application of riprap for bank stabilization must comply with COE, or its
delegated agency, permit terms and conditions.

6.

Unless otherwise specified by state permit, limit the use of riprap to areas
where flow conditions preclude effective vegetative stabilization techniques
such as seeding and erosion control fabric.

7.

Revegetate disturbed riparian areas with native species of conservation
grasses, legumes, and woody species, similar in density to adjacent
undisturbed lands.

8.

Install a permanent slope breaker across the construction right-of-way at the
base of slopes greater than 5 percent that are less than 50 feet from the
waterbody, or as needed to prevent sediment transport into the waterbody. In
addition, install sediment barriers as outlined in the Plan.
In some areas, with the approval of the Environmental Inspector, an earthen
berm may be suitable as a sediment barrier adjacent to the waterbody.

9.

D.

Sections V.C.3 through V.C.7 above also apply to those perennial or
intermittent streams not flowing at the time of construction.

POST-CONSTRUCTION MAINTENANCE
1.

Limit routine vegetation mowing or clearing adjacent to waterbodies to allow
a riparian strip at least 25 feet wide, as measured from the waterbody’s mean
high water mark, to permanently revegetate with native plant species across
the entire construction right-of-way. However, to facilitate periodic
corrosion/leak surveys, a corridor centered on the pipeline and up to 10 feet
wide may be cleared at a frequency necessary to maintain the 10-foot corridor
in an herbaceous state. In addition, trees that are located within 15 feet of the
pipeline that have roots that could compromise the integrity of the pipeline
coating may be cut and removed from the permanent right-of-way. Do not
conduct any routine vegetation mowing or clearing in riparian areas that are
between HDD entry and exit points.

2.

Do not use herbicides or pesticides in or within 100 feet of a waterbody
except as allowed by the appropriate land management or state agency.

3.

Time of year restrictions specified in section VII.A.5 of the Plan (April 15 –
August 1 of any year) apply to routine mowing and clearing of riparian areas.

12

MAY 2013 VERSION

VI.

WETLAND CROSSINGS
A.

GENERAL
1.

The project sponsor shall conduct a wetland delineation using the current
federal methodology and file a wetland delineation report with the Secretary
before construction. The requirement to file a wetland delineation report
does not apply to projects constructed under the automatic authorization
provisions in the FERC’s regulations.
This report shall identify:
a.

by milepost all wetlands that would be affected;

b.

the National Wetlands Inventory (NWI) classification for each
wetland;

c.

the crossing length of each wetland in feet; and

d.

the area of permanent and temporary disturbance that would occur in
each wetland by NWI classification type.

The requirements outlined in this section do not apply to wetlands in actively
cultivated or rotated cropland. Standard upland protective measures,
including workspace and topsoiling requirements, apply to these agricultural
wetlands.
2.

Route the pipeline to avoid wetland areas to the maximum extent possible. If
a wetland cannot be avoided or crossed by following an existing right-of-way,
route the new pipeline in a manner that minimizes disturbance to wetlands.
Where looping an existing pipeline, overlap the existing pipeline right-of-way
with the new construction right-of-way. In addition, locate the loop line no
more than 25 feet away from the existing pipeline unless site-specific
constraints would adversely affect the stability of the existing pipeline.

3.

Limit the width of the construction right-of-way to 75 feet or less. Prior
written approval of the Director is required where topographic conditions or
soil limitations require that the construction right-of-way width within the
boundaries of a federally delineated wetland be expanded beyond 75 feet.
Early in the planning process the project sponsor is encouraged to identify
site-specific areas where excessively wide trenches could occur and/or where
spoil piles could be difficult to maintain because existing soils lack adequate
unconfined compressive strength.

4.

Wetland boundaries and buffers must be clearly marked in the field with
signs and/or highly visible flagging until construction-related ground
disturbing activities are complete.
13

MAY 2013 VERSION

5.

6.

B.

Implement the measures of sections V and VI in the event a waterbody
crossing is located within or adjacent to a wetland crossing. If all measures
of sections V and VI cannot be met, the project sponsor must file with the
Secretary a site-specific crossing plan for review and written approval by the
Director before construction. This crossing plan shall address at a minimum:
a.

spoil control;

b.

equipment bridges;

c.

restoration of waterbody banks and wetland hydrology;

d.

timing of the waterbody crossing;

e.

method of crossing; and

f.

size and location of all extra work areas.

Do not locate aboveground facilities in any wetland, except where the
location of such facilities outside of wetlands would prohibit compliance with
U.S. Department of Transportation regulations.

INSTALLATION
1.

Extra Work Areas and Access Roads
a.

Locate all extra work areas (such as staging areas and additional spoil
storage areas) at least 50 feet away from wetland boundaries, except
where the adjacent upland consists of cultivated or rotated cropland or
other disturbed land.

b.

The project sponsor shall file with the Secretary for review and
written approval by the Director, site-specific justification for each
extra work area with a less than 50-foot setback from wetland
boundaries, except where adjacent upland consists of cultivated or
rotated cropland or other disturbed land. The justification must
specify the site-specific conditions that will not permit a 50-foot
setback and measures to ensure the wetland is adequately protected.

c.

The construction right-of-way may be used for access when the
wetland soil is firm enough to avoid rutting or the construction rightof-way has been appropriately stabilized to avoid rutting (e.g., with
timber riprap, prefabricated equipment mats, or terra mats).
In wetlands that cannot be appropriately stabilized, all construction
equipment other than that needed to install the wetland crossing shall
14

MAY 2013 VERSION

use access roads located in upland areas. Where access roads in
upland areas do not provide reasonable access, limit all other
construction equipment to one pass through the wetland using the
construction right-of-way.
d.

2.

The only access roads, other than the construction right-of-way, that
can be used in wetlands are those existing roads that can be used with
no modifications or improvements, other than routine repair, and no
impact on the wetland.

Crossing Procedures
a.

Comply with COE, or its delegated agency, permit terms and
conditions.

b.

Assemble the pipeline in an upland area unless the wetland is dry
enough to adequately support skids and pipe.

c.

Use “push-pull” or “float” techniques to place the pipe in the trench
where water and other site conditions allow.

d.

Minimize the length of time that topsoil is segregated and the trench is
open. Do not trench the wetland until the pipeline is assembled and
ready for lowering in.

e.

Limit construction equipment operating in wetland areas to that
needed to clear the construction right-of-way, dig the trench, fabricate
and install the pipeline, backfill the trench, and restore the
construction right-of-way.

f.

Cut vegetation just above ground level, leaving existing root systems
in place, and remove it from the wetland for disposal.
The project sponsor can burn woody debris in wetlands, if approved
by the COE and in accordance with state and local regulations,
ensuring that all remaining woody debris is removed for disposal.

g.

Limit pulling of tree stumps and grading activities to directly over the
trenchline. Do not grade or remove stumps or root systems from the
rest of the construction right-of-way in wetlands unless the Chief
Inspector and Environmental Inspector determine that safety-related
construction constraints require grading or the removal of tree stumps
from under the working side of the construction right-of-way.

h.

Segregate the top 1 foot of topsoil from the area disturbed by
trenching, except in areas where standing water is present or soils are

15

MAY 2013 VERSION

saturated. Immediately after backfilling is complete, restore the
segregated topsoil to its original location.

3.

i.

Do not use rock, soil imported from outside the wetland, tree stumps,
or brush riprap to support equipment on the construction right-of-way.

j.

If standing water or saturated soils are present, or if construction
equipment causes ruts or mixing of the topsoil and subsoil in
wetlands, use low-ground-weight construction equipment, or operate
normal equipment on timber riprap, prefabricated equipment mats, or
terra mats.

k.

Remove all project-related material used to support equipment on the
construction right-of-way upon completion of construction.

Temporary Sediment Control
Install sediment barriers (as defined in section IV.F.3.a of the Plan)
immediately after initial disturbance of the wetland or adjacent upland.
Sediment barriers must be properly maintained throughout construction and
reinstalled as necessary (such as after backfilling of the trench). Except as
noted below in section VI.B.3.c, maintain sediment barriers until replaced by
permanent erosion controls or restoration of adjacent upland areas is
complete. Temporary erosion and sediment control measures are addressed in
more detail in the Plan.
a.

Install sediment barriers across the entire construction right-of-way
immediately upslope of the wetland boundary at all wetland crossings
where necessary to prevent sediment flow into the wetland.

b.

Where wetlands are adjacent to the construction right-of-way and the
right-of-way slopes toward the wetland, install sediment barriers
along the edge of the construction right-of-way as necessary to contain
spoil within the construction right-of-way and prevent sediment flow
into the wetland.

c.

Install sediment barriers along the edge of the construction right-ofway as necessary to contain spoil and sediment within the
construction right-of-way through wetlands. Remove these sediment
barriers during right-of-way cleanup.

16

MAY 2013 VERSION

4.

Trench Dewatering
Dewater the trench (either on or off the construction right-of-way) in a
manner that does not cause erosion and does not result in silt-laden water
flowing into any wetland. Remove the dewatering structures as soon as
practicable after the completion of dewatering activities.

C.

RESTORATION
1.

Where the pipeline trench may drain a wetland, construct trench breakers at
the wetland boundaries and/or seal the trench bottom as necessary to maintain
the original wetland hydrology.

2.

Restore pre-construction wetland contours to maintain the original wetland
hydrology.

3.

For each wetland crossed, install a trench breaker at the base of slopes near
the boundary between the wetland and adjacent upland areas. Install a
permanent slope breaker across the construction right-of-way at the base of
slopes greater than 5 percent where the base of the slope is less than 50 feet
from the wetland, or as needed to prevent sediment transport into the wetland.
In addition, install sediment barriers as outlined in the Plan. In some areas,
with the approval of the Environmental Inspector, an earthen berm may be
suitable as a sediment barrier adjacent to the wetland.

4.

Do not use fertilizer, lime, or mulch unless required in writing by the
appropriate federal or state agency.

5.

Consult with the appropriate federal or state agencies to develop a projectspecific wetland restoration plan. The restoration plan shall include measures
for re-establishing herbaceous and/or woody species, controlling the invasion
and spread of invasive species and noxious weeds (e.g., purple loosestrife and
phragmites), and monitoring the success of the revegetation and weed control
efforts. Provide this plan to the FERC staff upon request.

6.

Until a project-specific wetland restoration plan is developed and/or
implemented, temporarily revegetate the construction right-of-way with
annual ryegrass at a rate of 40 pounds/acre (unless standing water is present).

7.

Ensure that all disturbed areas successfully revegetate with wetland
herbaceous and/or woody plant species.

8.

Remove temporary sediment barriers located at the boundary between
wetland and adjacent upland areas after revegetation and stabilization of
adjacent upland areas are judged to be successful as specified in section
VII.A.4 of the Plan.

17

MAY 2013 VERSION

D.

POST-CONSTRUCTION MAINTENANCE AND REPORTING
1.

Do not conduct routine vegetation mowing or clearing over the full width of
the permanent right-of-way in wetlands. However, to facilitate periodic
corrosion/leak surveys, a corridor centered on the pipeline and up to 10 feet
wide may be cleared at a frequency necessary to maintain the 10-foot corridor
in an herbaceous state. In addition, trees within 15 feet of the pipeline with
roots that could compromise the integrity of pipeline coating may be
selectively cut and removed from the permanent right-of-way. Do not
conduct any routine vegetation mowing or clearing in wetlands that are
between HDD entry and exit points.

2.

Do not use herbicides or pesticides in or within 100 feet of a wetland, except
as allowed by the appropriate federal or state agency.

3.

Time of year restrictions specified in section VII.A.5 of the Plan (April 15 –
August 1 of any year) apply to routine mowing and clearing of wetland areas.

4.

Monitor and record the success of wetland revegetation annually until
wetland revegetation is successful.

5.

Wetland revegetation shall be considered successful if all of the following
criteria are satisfied:

6.

a.

the affected wetland satisfies the current federal definition for a
wetland (i.e., soils, hydrology, and vegetation);

b.

vegetation is at least 80 percent of either the cover documented for the
wetland prior to construction, or at least 80 percent of the cover in
adjacent wetland areas that were not disturbed by construction;

c.

if natural rather than active revegetation was used, the plant species
composition is consistent with early successional wetland plant
communities in the affected ecoregion; and

d.

invasive species and noxious weeds are absent, unless they are
abundant in adjacent areas that were not disturbed by construction.

Within 3 years after construction, file a report with the Secretary identifying
the status of the wetland revegetation efforts and documenting success as
defined in section VI.D.5, above. The requirement to file wetland restoration
reports with the Secretary does not apply to projects constructed under the
automatic authorization, prior notice, or advance notice provisions in the
FERC’s regulations.
For any wetland where revegetation is not successful at the end of 3 years
after construction, develop and implement (in consultation with a
18

MAY 2013 VERSION

professional wetland ecologist) a remedial revegetation plan to actively
revegetate wetlands. Continue revegetation efforts and file a report annually
documenting progress in these wetlands until wetland revegetation is
successful.
VII.

HYDROSTATIC TESTING
A.

B.

C.

NOTIFICATION PROCEDURES AND PERMITS
1.

Apply for state-issued water withdrawal permits, as required.

2.

Apply for National Pollutant Discharge Elimination System (NPDES) or
state-issued discharge permits, as required.

3.

Notify appropriate state agencies of intent to use specific sources at least 48
hours before testing activities unless they waive this requirement in writing.

GENERAL
1.

Perform 100 percent radiographic inspection of all pipeline section welds or
hydrotest the pipeline sections, before installation under waterbodies or
wetlands.

2.

If pumps used for hydrostatic testing are within 100 feet of any waterbody or
wetland, address secondary containment and refueling of these pumps in the
project’s Spill Prevention and Response Procedures.

3.

The project sponsor shall file with the Secretary before construction a list
identifying the location of all waterbodies proposed for use as a hydrostatic
test water source or discharge location. This filing requirement does not
apply to projects constructed under the automatic authorization provisions of
the FERC’s regulations.

INTAKE SOURCE AND RATE
1.

Screen the intake hose to minimize the potential for entrainment of fish.

2.

Do not use state-designated exceptional value waters, waterbodies which
provide habitat for federally listed threatened or endangered species, or
waterbodies designated as public water supplies, unless appropriate federal,
state, and/or local permitting agencies grant written permission.

3.

Maintain adequate flow rates to protect aquatic life, provide for all waterbody
uses, and provide for downstream withdrawals of water by existing users.

4.

Locate hydrostatic test manifolds outside wetlands and riparian areas to the
maximum extent practicable.
19

MAY 2013 VERSION

D.

DISCHARGE LOCATION, METHOD, AND RATE
1.

Regulate discharge rate, use energy dissipation device(s), and install sediment
barriers, as necessary, to prevent erosion, streambed scour, suspension of
sediments, or excessive streamflow.

2.

Do not discharge into state-designated exceptional value waters, waterbodies
which provide habitat for federally listed threatened or endangered species, or
waterbodies designated as public water supplies, unless appropriate federal,
state, and local permitting agencies grant written permission.

20

MAY 2013 VERSION