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2015-11-04 DOTA Permit Verificationrloorj IC?' DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, OMAHA DISTRICT NEBRASKA REGULATORY OFFICE • 8901 SOUTH 154TH STREET, SUITE 1 OMAHA, NEBRASKA 68138-3635 httpl/www.nwo.usace.army.mil/Missions/RegulatoryProgram/Neb raska.aspx November 4, 2015 DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION Permittee: Mr. John Foster CF industries Sales, LLC 4 Parkway North, Suite 400 Deerfield, Illinois 60015 Permit No: 2015-01325-WEH NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U.S. Army Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions of Department of the Army Nationwide Permit No. 13 found in the February 21, 2012 Federal Register (77 FR 10184), Reissuance of Nationwide Permits. You must comply with all special, regional and general conditions attached herein. Project Waterway and Location: Missouri River—River Mile 647.7 Left Descending Bank SW t/a Section 8, Township 18 North, Range 12 East 41.542480° N, -96.096602° W Washington County, Nebraska Project Name: CF Industries Sales LLC—Blair Terminal Bank Stabilization Date of Receipt: July 20, 2015 Project Description: Bank Stabilization The project will place 697 linear feet of bank stabilization on the Missouri River at river mile 647.7 left descending bank. All trees will be removed in the project area. The existing slope will be cut and graded to 3:1. Non -woven geotextile Marafi 140 or equivalent fabric will be installed on the slope and then type `B" riprap will be placed on top of the fabric. Special Conditions: 1. The placed riprap must be covered, from the top down to the annual ordinary high water line, with a minimum of 6 inches of soil compacted into the voids of the riprap and immediately seeded with either annual rye grass, oats and/or wheat (nurse crop) plus a mixture of native grass species. 2. The permittee shall notify the Nebraska Regulatory Office of any design changes to the proposed project. Notification must be received in our office for review a minimum of 14 days prior to construction. 3. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of -2 - the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the U.S. Army Corps of Engineers (Corps), to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 4. No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. 5. There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. 6. Stone removed from any river control structure is part of the Missouri River Streambank Stabilization and Navigation Project and is property of the Federal Government. The removal of stone shall adhere to the guidance attached to this permit verification. 7. To avoid impacts to Pallid Sturgeon, no work will occur in the Missouri River or on the bank of the Missouri River from March 1 to June 30. 8. Northern Long-eared Bat: a. If construction activities, including tree removal, are to occur between June and July 31, surveys will be conducted starting one week prior to construction and continue daily through the end of construction or July 31 whichever comes first, to determine the presence of northern long-eared bat roost trees and hibernacula. Qualified personnel will conduct surveys according to U.S. Fish and Wildlife Service (USFWS) and Nebraska Game and Parks Commission (NGPC) protocol along the entire project length. If species are present, the Corps shall be notified and work shall be immediately stopped within 1/a miles of hibemacula and maternal roosting areas. The Corps will initiate consultation with the USFWS and NGPC to determine when work can resume. b. Any known, occupied northern long-eared bat roost tree will NOT be cut or destroyed from June 1 to July 31st. c. Any clearcutting (or similar harvesting methods) will NOT occur within 1/ mile of known, occupied northern long-eared bat roost trees from 1 June to July 31st. Regional Conditions: 1. All areas adjacent (contiguous, bordering, neighboring) to jurisdictional waters disturbed by construction shall be revegetated with appropriate perennial, native grasses and forbs and maintained in this condition. Phalaris arululinacea (Reed Canary Grass), Lythrum salicaria (Purple Loosestrife), Bromus inermus (Smooth Brome), Phragmites, sp. (Common Reed, River Reed) and Tamarix, sp. (Salt Cedar), are NOT appropriate choices of vegetation. A cover crop may be planted to aid in the establishment of native vegetation. The disturbed areas shall be reseeded concurrent with the project or immediately upon completion. Revegetation shall be acceptable when ground cover of desirable species reaches 75%. If this seeding cannot be accomplished by September 15 the year of project completion, then an erosion blanket shall be placed on the disturbed areas. The erosion blanket shall remain in place until ground cover of desirable species reaches 75%. If the seeding can be accomplished by September 15, all seeded areas shall be properly mulched to prevent additional erosion. -3 - When the vegetation has become established, all temporary erosion control materials shall be removed from the project site. Biodegradable or photodegradable materials need not be removed. 3. Temporary Structures / Work / Fill a. The use of dredged material in the construction of temporary structures or used for temporary work or used as temporary fill shall not be allowed. The term "dredged material' means material that is excavated or dredged from waters of the U.S. All temporary fill material shall be obtained from an upland source. b. Plans for the temporary structure/work/fill shall be submitted to and approved by the Nebraska Regulatory Office prior to the commencement of construction. c. At the completion of the construction activity, all temporary fill material shall be removed in its entirety from the water of the U.S. to an upland area and the affected area shall be restored to its pre -construction condition. d. The Nebraska Regulatory Office shall be notified with documentation (i.e. photos) when the site has been restored to its pre -project condition. 4. The permittee is responsible for ensuring that the Corps is notified of the location of any borrow site that will be used in conjunction with the construction of the authorized activity so that the Corps may evaluate the site for potential impacts to aquatic resources, historic properties, and endangered species. For projects where there is another lead federal agency, the permittee shall provide the Corps documentation indicating that the lead federal agency has complied with the National Historic Preservation Act and Endangered Species Act for the borrow site. The permittee shall not initiate work at the borrow site in conjunction with the authorized activity until approval is received from the Corps. General Conditions: See attached NWP 13 Fact Sheet. Further Information: 1. We have prepared a preliminary jurisdictional determination (JD) for the site which is a written indication that waterways within your project area may be a water of the U.S. Such waters have been treated as jurisdictional waters of the U.S. for purposes of computation of impacts and compensatory mitigation requirements. If you concur with the Endings of the enclosed preliminary JD, please sign it and return it to the above address within two weeks. 2. If you believe the preliminary JD is inaccurate, you may request this office complete an approved JD prior to your commencement of any work in a water of the U.S. An approved JD is an official determination regarding the presence or absence of waters of the U.S. Completion of an approved JD may require coordination with the U.S. Environmental Protection Agency. 3. Upon completion of the authorized work and any required' mitigation, please sign and return the attached Compliance Certification form to the address listed. 4. This verification will be valid until March 18, 2017. S. Although an individual Department of the Army permit will not be required for the project, this does not eliminate the requirement that you obtain any other applicable federal, state, tribal or local permits as -4 - required. Please note that deviations from the original plans and specifications of your project could require additional authorization from this office. 6. You are responsible for all work accomplished in accordance with the terms and conditions of the Nationwide Permit. If a contractor or other authorized representative will be accomplishing the work authorized by the Nationwide Permit in your behalf, it is strongly recommended that they be provided a copy of this letter and the attached conditions so that they are aware of the limitations of the applicable Nationwide Permit. Any activity that fails to comply with all of the terms and conditions of the Nationwide Permit will be considered unauthorized and subject to appropriate enforcement action. 7. The Omaha District, Regulatory Branch is committed to providing quality and timely service to our customers. In an effort to improve customer service, please take a moment to complete our Customer Service Survey found on our website at http://coipsmapu.usace.army.mil/cn _apex/f?p=regulatory_survey. If you do not have internet access, you may call and request a paper copy of the survey that you can complete and return to us by mail or fax. 8. If you have any questions concerning this verification or JD, please feel free to contact Matt Wray at the above address or call (402) 896-0896 or e-mail at matt.t.wray@usace.army.mil and refer to file number 2015-01325-WEH. Signed. John l , Moeschen Ne ska State Program Manager Enclosures cc: NDEQ (Garber) COMPLIANCE CERTIFICATION NEBRASKA REGULATORY OFFICE Permit Number: 2015-01325-WEH County: Washington Name of Permittee: CF Industries Sales, LLC John Foster Date of Issuance: November 4, 2015 Project Manager: Matt Wray Upon completion of the activity authorized by this permit (and any required mitigation), sign this certification and return it to the following address; U.S. Army Corps of Engineers Nebraska Regulatory Office 8901 South 154th Street, Suite 1 Omaha, NE 68138-3635 Please note that the permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with permit conditions the permit may be subject to suspension, modification or revocation. CERTIFICATION; Thereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit, and required mitigation (if any) was completed in accordance with permit conditions. Signature of Permittee Date Maintenance of River Structures Missouri River Bank Stabilization and Navigation Project Including Kenslers Bend Project Omaha District Corps of Engineers Revised October 2013 Guidance for Private Entities Doing Work on Federal River Structures Structure (number, basic description, year built): Property Interest (permit applicant): Location (Missouri River mile, county, state): Project Description: Maintenance Responsibilities and Capabilities a) Maintenance on the Missouri River Bank Stabilization and Navigation Project (Sioux City to the mouth) is the responsibility of the Army Corps of Engineers. This includes the reach above Sioux City to Ponca State Park (Kenslers Bend Project). The Omaha District may need to periodically perform structural adjustments which potentially could affect previously performed landowner actions. b) If resources are not available for the Corps Omaha District to do critical maintenance, landowners at those structures retain the right to take reasonable measures to protect their property (subject to Section 404 of the Clean Water Act). c) If a landowner determines that property enhancement or protection should involve repair or reinforcement of a federal demonstration structure, structural repairs should closely follow the original design, in terms of lines and grades, and material properties and gradation. The landowner should coordinate the details of any proposed structure repairs with the Corps Omaha District (Hydro Branch). d) Any redistribution of structural material should be done in such a manner that the material is not removed from the vicinity, and will continue to function as part of the structure. Material comprising these structures (i.e., the stone) remains property of the federal government. e) All stone must meet Corps specifications. If the landowner requires new stone or damages structure stone such that is not satisfactory for structural modification, they would need to provide suitable stone material. Disposal of damaged stone should be coordinated with Omaha District. f) Modifying of any structures shall be done to provide a smooth transition and may require additional structure material. g) The landowner must submit a final plan following construction to the Omaha District of final disposition of structure stone (new and modified). h) Real estate issues: The use or occupation of government structures constructed for the preservation or improvement of navigation is governed by 33 U.S.C. 408. It is unlawful for any person to use or occupy said government structure without obtaining the permission of the government. The Corps of Engineers typically approves such "temporary" use or Guidance for Private Entities Doing Work on Fed. River Structures — Omaha Dist. Corps of Engineers, Oct 2013 occupation by the granting of a revocable license. Private entities performing authorized modifications or maintenance of the federal structures still would need to obtain the necessary real estate instruments from the owner of the land on which the structures are situated. i) Permits: Adherence to maintenance criteria and guidelines by the private entity does not obviate the need to secure any federal, state or local permits. This would include permits required under Section 10 of the Rivers and Harbors Act of 1899, and Section 404 of the Clean Water Act. Section 10 or 404 permits may be required to repair Corps structures. j) In the event that the modified structure would no longer perform to required standards, the Corps of Engineers may find it necessary to make structural adjustments. The Corps, as owner of the navigation structures, retains the right to substantially alter or remove maintenance work performed by any private entities. k) Contact Information, Corps of Engineers, Omaha District Sedimentation and Channel Stabilization Section Hydrologic Engineering Branch, CENWO-ED-HF 1616 Capitol Avenue Omaha, NE 68102-4901 Ph. 402-995-2357 or -2336 Missouri River Project Office 9901 John J. Pershing Drive Omaha, NE 68112 Ph. 402-996-3745 or -3747 2 PRELIMINARY JURISDICTIONAL DETERMINATION FORM This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: A. Report Completion Date for Preliminary Jurisdictional Determination: November 4, 2015 B. Name and Address of Person Requesting Preliminary JD: Mr. John Foster CF industries Sales, LLC 4 Parkway North, Suite 400 Deerfield, Illinois 60015 C. District Office, File Name and Number: Omaha District—Nebraska Field Office-Wehrspann CF industries Sales, LLC 2015-01325-WEH D. Project Location and Background Information: (Use the attached table to document multiple water bodies at different sites) State: NE County: Washington City: Rural Center coordinates of site (lattlong in degree decimal format): Lat: 41.542480°N Long: -96.096602°W Universal Transverse Mercator: 14 S -T -R: SW 1/4 Section 8, Township 18 North, Range 12 East Name of nearest water body: Missouri River Identify (estimate) amount of waters in the review area: Non -wetland waters: linear feet: 100 width: acres: Cowardin class: Riverine Stream flow: Perennial E. Review Performed for Site Evaluation (Check all that apply): XOffice (Desk) Determination Date: November 4, 2015 Field Determination Date: Estimated Class of Site Latitude Longitude Cowardin amount of aquatic q number Class aquatic resource resource in review area 1 41.542480°N -96.096602°W Riverine 100 linear feet Section 404 & Section 10 F. Supporting Data -- Data reviewed for preliminary JD (check all that apply) (Checked items should be included in case file and, where checked and requested, appropriately reference sources below) XMaps, plans, plots or plat submitted by or on behalf of the applicant/consultant Data sheets prepared/subnutted by or on behalf of the applicant/consultant Office concurs with data sheets/delineation report Office does not concur with data sheets/delineation report Data sheets prepared by the Corps Corps navigable waters study US Geological Survey Hydrologic Atlas XUSGS NHD data XUSGS 8 and 12 digit HUC maps XUS Geological Survey map(s). Cite scale & quad name: Modale 1:24,000 XUSDA Natural Resources Conservation Service Soil Survey. Citation: Washington County Soil Survey XNational wetlands inventory map(s). Cite name: Modale 1:24,000 State/Local wetland inventory map(s) FEMA/FIRM maps 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) XPhotographs Aerial (Name & Date): Google Earth Other (Name & Date): Previous determination(s). File number and date of response letter: Other information (please specify): IMPORTANT NOTE The information recorded on this form has not necessarily been -verified by the Signature of Regulatory P�ect Manager (Required) Signature of P son Requesting Preliminary JD Date (Required unless obtaining signature is impracticable) 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and 2 conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. Nationwide Permit 13 Bank Stabilization Bank stabilization activities necessary for erosion prevention, provided the activity meets all of the following criteria: (a) No material is placed in excess of the minimum needed for erosion protection; (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (c) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or the high tide line, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (d) The activity does not involve discharges of dredged or fill material into special aquatic sites, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in minimal adverse effects; (e) No material is of a type, or is placed in any location, or in any manner, that will impair surface water flow into or out of any waters of the United States; (f) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (g) The activity is not a stream channelization activity. This NWP also authorizes temporary structures, fills, and work necessary to construct the bank stabilization activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. Invasive plant species shall not be used for bioengineering or vegetative bank stabilization. (Sections 10 and 404) Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case -specific conditions imposed by the division engineer or district engineer. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require.the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said stricture or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre - construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization and storm water management activities, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre - construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA -approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low -flow or no - flow. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre -construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity -specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). 17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the NWP activity, or whether additional ESA consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or if the project is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally -listed endangered or threatened species or designated critical habitat, the pre -construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilize the designated critical habitat that might be affected by the proposed work. The district engineer will determine whether the proposed activity "may affect" or will have "no effect" to listed species and designated critical habitat and will notify the non - Federal applicant of the Corps' determination within 45 days of receipt of a complete pre - construction notification. In cases where the non -Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification the proposed activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation has been completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific regional endangered species conditions to the NWPs. (e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws..i�ov/ipac and http•//www.noaa,gov/fisheries.html respectively. 19. Migratory Birds and Bald and Golden Eales. The permittee is responsible for obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife Service to determine if such "take" permits are required for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of Section 106 of the National Historic Preservation Act. Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will review the documentation and determine whether it is sufficient to address section 106 compliance for the NWP activity, or whether additional section 106 consultation is necessary. (c) Non-federal permittees must submit a pre -construction notification to the district engineer if the authorized activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre -construction notification must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of or potential for the presence of historic resources can be sought from the State Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction notifications, district engineers will comply with the current procedures for addressing the requirements of Section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted and these efforts, the district engineer shall determine whether the proposed activity has the potential to cause an effect on the historic properties. Where the non -Federal applicant has identified historic properties on which the activity may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects or that consultation under Section 106 of the NHPA has been completed. (d) The district engineer will notify the prospective permittee within 45 days of receipt of a complete pre -construction notification whether NHPA Section 106 consultation is required. Section 106 consultation is not required when the Corps determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA section 106 consultation is required and will occur, the district engineer will notify the non - Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C. 470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACNP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places, 22. Designated Critical Resource Waters. Critical resource waters include, NOAA- managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with general condition 31, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that adverse effects on the aquatic environment are minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (Le., on site). (b) Mitigation in all. its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse effects of the proposed activity are minimal, and provides a project -specific waiver of this requirement. For wetland losses of 1/10 -acre or less that require pre -construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in minimal adverse effects on the aquatic environment. (2) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, wetland restoration should be the first compensatory mitigation option considered. (3) If permittee -responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (4) If mitigation bank or in -lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (5) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan. (d) For losses of streams or other open waters that require pre -construction notification, the district engineer may require compensatory mitigation, such as stream rehabilitation, enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the aquatic environment. (e) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that a project already meeting the established acreage limits also satisfies the minimal impact requirement associated with the NWPs. (f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement for the restoration or establishment, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas may be the only compensatory mitigation required. Riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to establish a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or establishing a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine resources, permittee -responsible compensatory mitigation may be environmentally preferable if there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (h) Where certain functions and services of waters of the United States are permanently adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse effects of the project to the minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non -Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA Section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3 -acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below." (Transferee) (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and any required compensatory mitigation. The success of any required permittee - responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized work was done in accordance with the NWP authorization, including any general, regional, or activity -specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the work and mitigation. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project. July 15, 2015 U.S. Army Corps of Engineers Nebraska Regulatory Office 8901 South 154" Street Omaha, NE 68138-3635 Via Certified Mail RE: Application for Bank Stabilization Project South of Missouri River Mile 648 CF Industries Sales, LLC — Blair Terminal To Whom it May Concern: GOAM-ndustries 4 Parkway North, Suite 400 Deerfield, Illinois 60015-2590 847-405-2400 cfindustries.com CF Industries Sales, LLC owns and operates an anhydrous ammonia terminal in Blair, Nebraska. This application is for a bank stabilization project of approximately 697 feet of shoreline along the Missouri River. All trees are to be removed in the project area. The existing slope will be cut and graded to 3:1. Non -woven geotextile Marafi140 or equivalent fabric will be installed on the slope.. Type "B" rip rap scour protection will be installed above and below the water line. See Figures 1 to 3 for the project location and Sheets 1 to 9 for the civil plans for the improvements. Sheets 1 to 9 include plan and cross section views. The purpose of the proposed project is to limit erosion of the bank. This will in turn help to maintain the Integrity of the secondary containment utilized for bulk fertilizer storage at the site, This application contains the following attachments: • Application for Department of the Army Permit (ENG Form 4345) • Figure 1 — Site Location Map / USGS Topographic Map • Figure 2 — Aerial Photograph of Vicinity (GoogleEarth) • Figure 3 — Aerial Photograph of Project Area (GoogleEarth) • Sheets 1 to 9 — Civil Plans for Missouri River Bank Improvements (Top & Front Views) Thank you for assistance in processing this permit application. If you have any questions, please feel free to contact one of us by telephone at (847) 405-2400. Sincerely, John A. Foster, CHMM Manager, EHS Compliance & DF Health Services Attachments cc: Buddy Fausett Tim DeWitte u.\151etter\blair-corps-application-letter.docx 07/16115 Sean E. Beinecke, CHMM Environmental Engineer U.S. ARMY CORPS OF ENGINEERS Form Approved - APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No. 0710-0003 33 CFR 325. The proponent agency is CECW-CO-R. Expires: 30 -SEPTEMBER -2015 Public reporting for this collection of information is estimated to average 11 hours per response, Including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of Information. Send comments regarding this burden estimate or any other aspect of the collection of information, Including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of Information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested Information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BYAPPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required) First - John Middle -A. Last - Foster First - Middle - Last - Company - CF Industries Sales, LLC Company - E-mail Address-jfoster@cfindustries.com E-mail Address - 6. APPLICANTS ADDRESS: 9. AGENT'S ADDRESS: Address- 4 Parkway North, Suite 400 Address - City - Deerfield State - IL Zip -60015 Country -USA City - State - Zip - Country - 7. APPLICANT'S PHONE NOs. WAREA CODE 10. AGENTS PHONE NOs. WAREA CODE a. Residence b. Business c. 'Fax a. Residence b. Business c. Fax 847-405-2439 847-405-2740 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SIGNATURE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see Instructions) CF Industries Sales, LLC - Blair Terminal Bank Stabilization 13. NAME OF WATERBODY, iF KNOWN (if applicable) 14, PROJECT STREET ADDRESS (if applicable) Missouri River (River Mile 648) Address 250 Industrial Park Drive City - Blair State- NE Zip- 68008 15. LOCATION OF PROJECT Latitude: •N 41.542445 Longitude: <W -96.096567 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 890021868 and 890022099 Municipality Washington County Section - 8 Township - 18 N Range - 12 E of the 6th PM ENG FORM 4345, DEC 2014 PREVIOUS EDITIONS ARE OBSOLETE. QVo ' �' 17. DIRECTIONS TO THE SITE From I-680 in Omaha, take State Highway 75 North towards Blair about 17 miles. Turn right (East) on State Highway 30 (Washington Street) and go about 1.2 miles to Industrial Park Drive. Turn right (South) on Industrial Park Drive and turn left into the facility at 250 Industrial Park Drive. The site is just south of River Mile 648 on the Nebraska side. 18. Nature of Activity (Description of project, Include all features) This is a bank stabilization project of approximately 697 feet of shoreline along the Missouri River. All trees will be removed in the project area. The existing slope will be cut and graded to 3:1. Non -woven geotextile Marafi 140 or equivalent fabric will be installed on the slope. Type "B" rip rap scour protection will be installed above and below the water line. See Figures 1 to 3 for the project location and Sheets 1 to 9 for the civil plans for the improvements. Sheets 1 to 9 include plan and cross section views. Track mounted excavators will be utilized for movement of material. The estimated cut volume is 2,767.15 cubic yards (2,988.52 tons). The estimated fill volume is 58.39 cubic yards (63.06 tons). The area in the cut is estimated at 33,730 square feet (0.77 acres) and the area to be filled prior to rip rap is 3,117.7 square feet (0.7 acres). The total inclusion area is 36,847.7 square feet (0.85 acres). 19. Project Purpose (Describe the reason or purpose of the project, see Instructions) The purpose of the proposed project is to limit erosion of the bank. This will in turn will help to maintain the integrity of the secondary containment utilized for bulk fertilizer storage at the site. No related activities are to be developed as a result of the proposed project. Depending on permitting and budgeting, the proposed project would start as early as the summer of 2015. It is expected that it would start by the summer of 2016 at the latest. The project should end within one to two months of the start date. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge Bank stabilization. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount In Cubic Yards Amount In Cubic Yards Type B Rib Rap - 5314.814 cubic yards Adjacent cut material - 58.39 cubic yards 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres or Linear Feet Approximately 697 linear feet of shoreline. 23. Description of Avoidance, Minimization, and Compensation (see Instructions) Impacts to the waters of the United States will be minimized by the use bf erosion control measures during the project. Compensatory mitigation should not be required as the project will have a positive impact on the River by reducing the amount of erosion. ENG FORM 4345, DEC 2014 Page 2 or 3 24, is Any Portion of the Work Already Complete? QYes []X No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody pr more than can be entered here, please attach a supplemental list). a. Address- 2099 Southpark Ct., Suite 1 City - Dubuque State - IA Zip - 52003 b. Address- 450 Industrial Park Drive, PO Box 450 City - Blair State - NE Zip - 68008 c. Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26, List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER * Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this Information in this application is complete and accurate. I further certify that i possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OFA PLICANT DAT SIGNATURE OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement In block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, DEC 2014 Page 3 of 3 N y � N 5, Oi L N d T d m 2 C C O m V rm Fes— z 0 !'0 1(a t a " 3 � al 00 ailz >_ 'xIv)fry33NG 3 , iii CL A • t/1 O L 01 LL algellene pua6al ou Jo papalas siaAel leuol;ejado ON leuiwial alel8-o-i"1 `sales saij;snpul =10 dew oiydea6odol sosn / deW uol}eoo-1 a;ls :l, ain6id :siaewai{ aasn 'tills q. lodde{y cpucuoM 04) uo punol aJ.P.low I.A.1 oql 411. oauspl0000 u1 P... oq M.N. sl.P P.M. cP..Ilt. Iltl A— sly) uo urooys ulup ussq "1"1 1 essuwalna to ,C elnaac eyi l.j olgl... dc.l you ul o'1'. o111P11M Puo ysli Sn .41 -Aluo oauao).1 Ial— 1.1 .I d— .141 A! y1y� 1 tr` Y"O. l "� "a •YuiITIJ - W1�'G _. � .! - n - Col i �i.. ( • �t, •L _�. � � ...._.—. ��•�{� _.. ___. _ SSI � .... Y.��ll��y,, • . ` i t ..: u, _ _=Rry A! y1y� 1 tr` Y"O. l "� "a •YuiITIJ - W1�'G _. � .! - n - Col i �i.. ( • �t, •L _�. � � ...._.—. ��•�{� _.. ___. _ SSI � .... Y.��ll��y,, CF Industries Sales, LLC - Blair Terminal Figure 3: Aerial Photograph of Project Area Proposed Ban Stabilization CE INDUSTRIES MISSOURI RIVER BANK IMPROVEMENTS BLAIR, NE CIVIL PLANS PROJECT INFORMATION LEGEND NOTES CFNFRA� t� RF NOTFi• I. EXISTING TOPOGRAPHY. UTILITIES. AIID STRUCTURES SHOWN ON THE PLANS ARE ACCORDING TO THE SURVEY BY WHKS OATED 3/19/2015, THE CONTRACTOR SHALL BE 9I! IIx TmN.. RESPONSIBLE FOR VERIFYING THE ELEVATIONS ALONG WITH THE EXACT LOCATION OF THE UTILITY LINES IN THE FIELD AND FOR THEIR PROTECTION FROM DAMAGE DUE TO CF .0 miffs BLAIR NE TERIHNAI C0 COIISTFNCIION CPEIZAIIONS. IF EXISTING UTILITY OR SEWN LINES OF ANY HAIVRF ARF, ENCOUNIFRFC WHICH CONFLICT IN LOCATION WITH IFE'W IISTRUC11O11, THE COI ITRACTOR SHALL NOTIFY THE OWNER'S REPRESENTATIVE SO THAT THE CONFLICT CAN BE RESOLVED. 2. THE GRADING AND CONSTRUCTION OF THIS PROJECT SHALL 1101 CAUSE PONOINC OF SIONMWAIER. ALL AREAS ADJACENT 10 THESE IMPROVEMENTS SHALL BE GRIMIT T ELCCr6Gc TO ALLOW POSIME DRAINAGE. DISTURBED SOIL SHALL BE RESTORED BACK TO THE ORIGINAL GRADE UNLESS OTHERWISE NOTED IN THESE DRAWINGS. tFT ncvenw cmlrsw S. IN AREAS WHERE PLANTED IS DED. TIE CONTRACTOR SHALL CLIRII AND $CCD, FERTILIZER. AND ELICIT AS RC. PER SECTION 9010 0C IOWA ocDJuan m[L NDTI, CAVA AN S WHICH SHALL USE CARE IN GRADING OR EXCAVATING NEAR ANY AND ALL EXNTRAC HEMS WHICN ARE NOT INDICATED TO BE THE CONTRACTOR G SURAS SPECIFICATIONS. E CON 021mor ITE NEMOVCO. ANY IMMAGE lN)UC. TO 11IT E%ISIINC It(TIS 8'( THE CONTRACTORS OP[RAl10N5 SHALL Or, REPAIRED AT IIIF CONTRACTORS EXI'ENSf.. D. ANY MAGE T or wwlSml[s DIsTFURIT XII FACII mFS �� Mlxx uxe Ewn 60uxna A. THE CONTRACTOR SWJ.L BE RESPONSIBLE FOR &&KFlLLDIC OF ALL CURBS OR CONCRETE PAVEMENT/SIDEWALK AS SOON AS THE CONCRETE HAS SET SUFIICIENTLY. A PARKWAY NORiII, SLUE 700 DEERFICID. IUDI06 60015 .,,I TO THE REQUIRED ELEVATION YRTN SUITABLE MATERIAL WHICH SHALL BE COMPACTED UNTIL FIRM-SOLID. ANO NEATLY GRADED. wulr S. ALT, RESTORED PAVEMENT FLFVATIOIIS SHALL BE WITHIN F/- 0.10 (AVERAGING ZERO) CIVIL IVIVEY, EROSION CONTROL 1. THE CONTRACTOR SI MIL BE RCSPONSIBLC. FOR INSTAL U110N Or ALL EROSION CONTROL MEASURES IICLfSSANY TO PREVENT CR051OFI AND SEnIMF.NialION MFC. SIO SURVEY AM CONSULTING. 1569 W 51,411 TON STREET 2, ALL DISTURBED AREAS SHALL BE DRAINED TO APPROVED SEDNENT CONTROL MEASURES AT ALL TIMES DURING LANG DISTURBING ACTIVITIES AND DURING SITE OLAIR. NEORASKA GR00B DEVELOPMENT WORK UMI FINAL STABILIZATION IS ACIRLVCD. DUnMC CONSTRUCTION OF DIE PROJECT. SOIL. STOCKPILES AIID DORPOW AREAS 9-TALI. FIC. STAnR.17C0 OR PROTECTED WRIT SEMLECM TRACPINC MEASURES. DIE. .S. CONTRACTOR SHALL BE RESPONSIBLE FOR THE TEMPORARY PROTECTION AND PERMANENT STARILIZATION OF ALL SOIL STOCKPILES ON SITE AS WELL AS BORROW AREAS AND SDR. TRANSPORtro rROM TIFF. riourCT SITE. A. ALL MEASURES INTENDED TO IPAI• SEDIMENT SHALL BE CONSTRUCTED AS A FIRST STEP IN ANY LAND-DISTUROING ACIMTY AND SHALL OL MADE FUIICTIOIIAL BEFORE UPSLOPE LAND DISTURBANCE TAKES PLACE. 5. ALL STORM SEWER. INLETS THAT ARE MADE OPERATIONAL DURING CONSTRUCTION SHALL BE PROTECTED SO THAT SEDIMENT-LAIDEN 1VATER CANNOT ENTER THE CMNEYANCE SYSTEM WITHOUT IRST BEING FILTERED OR OTHERWISE TREATED TO REMOVE SEDIMENT. DRAWING LIST ABBREVIATIONS 6. ALL TEMHORANV EROSION AND SEDIMENT CONIROL MEASURES SHALL BE REM01'ED VAININ M DAYS /BIER FINAL STABILIZATION OR AFTER THE TEMPORARY MEASURES ARE NO LONGER NECDED UNLESS OTHERWISE AUTHORIZED BY THE LOCAL PROGRAM AUTHORITY. TRAPPED SEOLMENT AND THE DSTURBEO SOIL MEAS RESULTING FRCM INE nISPOSITION OF TEMPORARY MEASURES SHALL BE PERMANENILY STARILIZE.D TO PREVENT FURTHER EROSION AND SEDIMEIITAHOIL DRAwxc Na BLL' 1KScnIPneN 7. IEMPOHARY $ECDINTG AIID MULCHING SHALL BE CONSISTENT WITH SECI':ON 9010 OF IOWA SURAS STANDARD SPECIFICATION. Gt "C'" COVER SHUT PTO RMF., MIG IOpOGRAPHY 8. PROVIDE STRAW MULCH ON ALL DISTURBED AREAS WITH SLOPE LESS THAN 3;1. PROVIDE EROSION CONTROL. BLANKETS ON ALL SLOPES OF 3:1 OR GREATER. 11 REVIEW PIM VIEW - 0. HAUL ROADS SHALL BE WATERED CONTINUOUSLY IDURINO CARIH MOVING OPERATIONS. X01 I<LVILW BLOT X07 REVIEW DETAILS X.05 REVIEW DUALS X.M IR VI[W DETAILS X.05 REVIEW DETAILS X.06 REWLW DUALS DIE RFLRM- 1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REMCVAL, TRANSPORTATION AND DISPOSAL OF ALL TREE COLLECTIONS. MC MAwIx: F. Rl rRLYT6IY a cr 1.6u:MIE9 un R CF INDUSTRIES s/75n5 0.M. MC . alA�c* ro RCnrx w aM.xs. Mw An ar nIc RRrAxAml cw*Avep wllsr xlls ro vAT eE AErRIXIVeV. awn w A Mn.IMne vsl. a*a+H w InNlvwnR A w+ icAY. aa<moxcyFww<uJ+laGwAnxA ,_ MISSOURI RIVER DANK IMPROVEMENTS NTD GCFlndustries' nKKxalwRwunmKx <w�xl er: _ COVERSHEET Precision Surveying and Consulting CF INDUSTRIES _ SHEET I OF 9 c1 rD pov. URI �� _ S 1 70 + 1015 1010 1005 1000 995 990 985 980 975 0+50 N MART E 1015 1010 1005 1000 995 R 3/11/2015 990 3/11/2015 WATER ELEVATION- 986.6' 985 980 975 M! M�WO O M M101[Iltt 01 D IMOIM1111C[) 1.110 6 ■ SWLOi lO M:MM ON ONAM0. M Nl 01 M MfORM�00N OONTIIMCO wIMN 116 rm (nicnlmc,la ilm�mro�*I�rc��u >'nm a nulmirtn w urt RDICFlndustries"}-�°� C0MiD1T R: Precision Surveying and Consulting CF INDUSTRIES MISSOURI RIVER BANK IMPROVEMENTS CROSS SECTIONS SHEET 4 OF 9 970 970 0+00 +10 +20 +30 +40 +50 +60 +70 +80 +90 1+00 +10 +20 +30 +40 +50 +60 +70 +80 M! M�WO O M M101[Iltt 01 D IMOIM1111C[) 1.110 6 ■ SWLOi lO M:MM ON ONAM0. M Nl 01 M MfORM�00N OONTIIMCO wIMN 116 rm (nicnlmc,la ilm�mro�*I�rc��u >'nm a nulmirtn w urt RDICFlndustries"}-�°� C0MiD1T R: Precision Surveying and Consulting CF INDUSTRIES MISSOURI RIVER BANK IMPROVEMENTS CROSS SECTIONS SHEET 4 OF 9 1020 1015 1010 1005 1000 995 990 985 980 975 2+00 1020 1015 1010 1005 1000 995 R 3/11/2015 990 3/11/2015 WATER ELEVATION 966.7 985 980 975 970 970 0+00 +10 +20 +30 +40 +50 +60 +70 +00 +90 1+00 +10 +20 +30 +40 +50 +60 +70 +80 llq We10 A AC NNYLNIY p O Y1011EnhI5 ANN R . lYOtCI 10 AC11111N M OdAxp NO Y! 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Yo Allr w me wrolYAra mYrnto wear Yn MSM YAV Y a'llOOilCt0. 31Qm M A annCVAI SmRY a 1RAYvbITm In AYY 1FCFlndustries aacYr w: Precision Surveying and Consulting CF MDUSTRIES MISSOURI RIVER BANK IMPROVEMENTS CROSS SECTIONS SHEET 7 OF 9 6+50 1020 1020 1015 1015 1010 1010 J �.•-''� ORIGINAL SURFACE '•• ' 1005 1005 NON—WOVEN �- GEOTEXTILE�!��" MARAFI 140 OR EOUIVALENT�� CUT AREA �.' / 1000 1000 TYPE "B" RIP RAP SCOUR PROTECTION f 995 995 EDGE OF WATER 3/11/2015 990 990 3/11/2015 WATER -- _ --'--- --- ELEVATION= 986.9' 985 985 980 980 975 975 970 970 $ o, 0+00 +10 +20 +30 +40 +50 +60 +70 +80 +90 1+00 +10 +20 +30 +40 +50 +60 CF INDUSTRIES sizsns nn wYuc rs nc fnarnn a v nousmts Aw rs 91L[tl n n:1Uu d nu1uD. uO Allf OI M nfdYAiw OftYSO niton mf w. Yc . 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