MAY 2013 VERSION

WETLAND AND WATERBODY 

CONSTRUCTION AND MITIGATION 

PROCEDURES

Washington, DC 20426 

Office of

Energy Projects

May 2013 Federal Energy

Regulatory

Commission
i 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
1 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). 

 
2 MAY 2013 VERSION

B. DEFINITIONS

 1. “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. 

 2. “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. 

 

II. PRECONSTRUCTION FILING

A. 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. 

B. 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; 
3 MAY 2013 VERSION

 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. 

III. 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). 

IV. 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 
4 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; 

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. 

 2. 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 
5 MAY 2013 VERSION

 d. 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.

 B. 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. 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.

 B. 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:

 a. coldwater fisheries - June 1 through September 30; and 

 b. coolwater and warmwater fisheries - June 1 through November 30. 

 2. 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 
6 MAY 2013 VERSION

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 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. 

 3. 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. 
7 MAY 2013 VERSION

 4. 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. 

 5. 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) equipment pads and culvert(s); 

 (2) equipment pads or railroad car bridges without culverts; 

 (3) clean rock fill and culvert(s); and 

 (4) 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.
8 MAY 2013 VERSION

 g. Obtain any necessary approval from the COE, or the appropriate state 

agency for permanent bridges.

 6. 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) use sufficient pumps, including on-site backup pumps, 

to maintain downstream flows;

(ii) construct dams with materials that prevent sediment 

and other pollutants from entering the waterbody (e.g., 

sandbags or clean gravel with plastic liner);

(iii) screen pump intakes to minimize entrainment of fish; 

(iv) prevent streambed scour at pump discharge; and 

 (v) continuously monitor the dam and pumps to ensure 

proper operation throughout the waterbody crossing. 

c. 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);
9 MAY 2013 VERSION

(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.

 d. 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. 
10 MAY 2013 VERSION

Streambanks and unconsolidated streambeds may require additional 

restoration after this period; 

 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. 

 8. 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: 

 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. 

 9. 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. 
11 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:

 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. 

 11. 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 
12 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. Sections V.C.3 through V.C.7 above also apply to those perennial or 

intermittent streams not flowing at the time of construction.

 D. 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. 
13 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.
14 MAY 2013 VERSION

 5. 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.

 

 6. 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.

 B. 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 
15 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. 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. 

 2. 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 
16 MAY 2013 VERSION

saturated. Immediately after backfilling is complete, restore the 

segregated topsoil to its original location. 

 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. 

 3. 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.
17 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. 
18 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:

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. 

6. 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 
19 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. 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.

 B. 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. 

 C. 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.
20 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.