A26 - USACOE Shoreline Protection.pdf

DEPARTMENT OF THE ARMY

U.S. ARMY CORPS OF ENGINEERS, CHARLESTON DISTRICT

69A HAGOOD AVE

CHARLESTON, SC 29403

March 15, 2024

Regulatory Division

Mr. Jeremiah Zamora USDA-Forest Service 4931 Broad River Road Columbia, South Carolina 29063 jeremiah.zamora@usda.gov

Dear Mr. Zamora:

This is in response to a Pre-Construction Notification (PCN) (SAC-2023-00443) received on December 19, 2024, and considered complete on March 7, 2024, 2024. In submitting the PCN, you requested verification the proposed project is authorized by a Department of the Army (DA) Nationwide Permit (NWP).

The work affecting waters of the United States is part of an overall project known as Buck Hall Recreation Area and Boat Landing improvements. The activities in waters of the United States include the maintenance of an existing boat launch and bank stabilization (riprap) as well as the installation of a new bulkhead. Specifically, maintenance activities authorized under Nationwide Permit 3 (Maintenance) include the existing riprap revetment will be renourished with 994 cubic yards (cuyd) of new riprap along approximately 1,779 linear feet (lf) of shoreline, as well as the replacement of decking material and piles on an existing boat launch structure consisting of two 8-foot

(ft) by 100ft fixed decks. Work authorized under Nationwide Permit 13 (Bank Stabilization) will include the installation of a new 150lf bulkhead approximately 18” waterward of the existing bulkhead behind the existing pier, resulting in the discharge of 33 cuyd of fill into waters of the United States. The project involves impacts to not more than 0.005 acre of waters of the United States.

The project is located on the Atlantic Intracoastal Waterway at 8443 Highway 17 (TMS# 7120000001), Charleston County, South Carolina (Latitude: 33.0373°, Longitude: -79.5623°). The PCN also includes the following supplemental information:

a. Drawing sheets 1-9 of 9 titled “Buck Hall Recreation Area Shoreline Stabilization and Boat Ramp Maintenance" and dated March 7, 2024.

Based on a review of the PCN, including the supplemental information indicated above, the Corps has determined the proposed activity will result in minimal individual and cumulative adverse environmental effects and is not contrary to the public interest.

Furthermore, the activity meets the terms and conditions of NWP 3 Maintenance and NWP 13 Bank Stabilization.

For this authorization to remain valid, the project must comply with the enclosed NWP General Conditions, Charleston District Regional Conditions, and the following special conditions:

a. That prior to beginning the authorized work the permittee must obtain and provide the Corps with a copy of all appropriate state certifications and/or authorizations (e.g., Coastal Zone Management Act concurrence, State Navigable Waters Permit, etc.). This PROVISIONAL NWP is NOT VALID until the permittee obtains and provides the requisite state certification(s) and/or authorization(s) in accordance with this special condition.

b. That prior to beginning the authorized work the permittee must obtain and provide the Corps with a copy of all appropriate state certifications and/or authorizations (e.g., Coastal Zone Management Act concurrence, State Navigable Waters Permit, etc.).

c. That impacts to aquatic areas do not exceed those specified in the above mentioned PCN, including any supplemental information or revised permit drawings that were submitted to the Corps by the permittee.

d. That the construction, use, and maintenance of the authorized activity is in accordance with the information given in the PCN, including the supplemental information listed above, and is subject to any conditions or restrictions imposed by this letter.

e. That the permittee shall submit the attached signed compliance certification to the Corps within 30 days following completion of the authorized work.

f. That the permittee shall use only clean fill material obtained from an upland source.

g. That the permittee shall incorporate Best Management Practices (BMPs) during construction to protect adjacent wetlands and Waters of the United States from sediment and erosion during construction. BMPs to be utilized, independently or in combination, may include but are not limited to;

erosion control matting, mulch, silt fences, sediment tubes, and other devices. BMPs shall be maintained until the fill material is stabilized.

h. 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 their 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 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.

i. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the U.S.

j. The permittee must install and maintain, at their expense, any safety lights and signals prescribed by the U.S. Coast Guard (USCG), through regulations or otherwise, on authorized facilities. The USCG may be reached at the following address and telephone number: (as of February 2013) U. S. Coast Guard District Seven, Waterways Management Branch, 909 SE 1st Ave, Suite 406, Miami, FL. 33131, and 305-415-6755 or 305-415- 6750.

k. In order to ensure protection of any threatened or endangered species, and designated critical habitat that may be present in the vicinity of the project area during construction activities, the permittee will comply with the following:

1. The permittee shall instruct all personnel associated with the project of the potential presence of and the need to avoid collisions with protected species, which may include but is not limited to West Indian manatees, Atlantic sturgeon, shortnose sturgeon, sea turtles, wood stork, blue whale, fin whale, humpback whale, North Atlantic right whale, sei whale and sperm whale.

2. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing protected species, to include manatee(s), which are protected under the Marine Mammal Protection Act of 1972 and/or the Endangered Species Act of 1973.

3. Any siltation barriers used during the project shall be made of material in which protected species, to include manatee(s), cannot become entangled and must be properly secured, and regularly monitored to avoid protected species entrapment.

4. All vessels associated with the project shall operate at "no wake/idle" speeds at all times while in the construction area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

5. If protected species, to include manatee(s), are seen within 100 yards of the active construction area all appropriate precautions shall be implemented to ensure protection of the protected species, to include manatee(s). These precautions shall include the operation of all moving equipment no closer than 50 feet to a protected species, to include manatee(s). Operation of any equipment closer than 50 feet to a protected species, to include manatee(s), shall necessitate immediate shutdown of that equipment. Activities will not resume until the protected species, to include manatee(s), has departed the project area of its own volition.

6. Incidents where any individuals of sea turtles, Atlantic sturgeon, shortnose sturgeon, blue whale, fin whale, humpback whale, North Atlantic right whale, sei whale and sperm whale listed by NOAA Fisheries under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the United States or structures or work in navigable waters of the United States authorized by this DA permit shall be reported to NOAA Fisheries, Office of Protected Species at (727) 824-5312, the SCDNR Hotline at 1-800-922-5431, and the Regulatory Office of the Charleston District of the U.S. Army Corps of Engineers at (843) 329-8044. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure, or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries, Office of Protected Resources, to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved.

7. The permittee understands and agrees that all in-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) must be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, must be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line is allowed in the water. Where appropriate, in water wires should be fitted with PVC sleeve from the surface to the bottom to prevent any potential scraping of the passing manatees.

l. In order to ensure protection and reduce potential construction-related impacts to West Indian manatees that may be in the vicinity of the project area during construction activities, to discountable and insignificant levels, the permittee will comply with the following for all projects affecting the coastal waters of South Carolina:

1. The permittee shall instruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel MUST monitor water-related activities for the presence of manatee(s).

2. Any collision with and/or injury to a manatee shall be reported immediately to the U.S. Fish and Wildlife Service contacts: Melanie Olds, South Carolina Manatee Lead, Charleston Field Office, at 843-727-4707 ext.

205; or Terri Calleson, Manatee Recovery Coordinator, North Florida Field Office, at 904-731-3286.

This verification is valid until March 14, 2026, unless the district engineer modifies, suspends, or revokes the NWP authorization in accordance with 33 CFR 330.5(d). If prior to this date, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization, the verification continues to remain valid until March 14, 2026. If you commence, or are under contract to commence this activity before the NWP expires, or the NWP is modified, suspended, or revoked by the Chief of Engineers or division engineer in accordance with 33 CFR 330.5(b) or (c), respectively, in such a way that the activity would no longer comply with the terms and conditions of the NWP, you will have 12 months after the date the NWP expires or is modified, suspended, or revoked, to complete the activity under the present terms and conditions of this NWP.

This NWP is verified based on information you provided. It is your responsibility to read the attached NWP(s) along with the General, Regional, and Special Conditions before you begin work. If you determine your project will not be able to meet the NWP and the conditions, you must contact the Corps before you proceed. If you have questions concerning compliance with the conditions of the 401 certification or Coastal Zone Management concurrence, you should contact the South Carolina Department of Health and Environmental Control (SCDHEC).

In all future correspondence, please refer to file number SAC-2023-00443. A copy of this letter is forwarded to State and/or Federal agencies for their information. If you have any questions, please contact Kristopher Maedke-Russell, Project Manager, at 912- 856-8203, or by email at kristopher.d.maedke-russell@usace.army.mil.

Sincerely, Emily B. Thompson Team Lead SAD Technical Regional Execution Center

Attachments

Permit Drawings NWP 13 Bank Stabilization NWP 3 Maintenance

Nationwide Permit General Conditions Nationwide Permit Regional Conditions Compliance Certification Form

Copies Furnished:

Mr. Kirby Marshall Applied Technology & Management, Inc.

941 Houston Northcutt Blvd, Ste 201 Mt. Pleasant, South Carolina 29466 mailto:kmarshall@appliedtm.com

SC DHEC - Bureau of Water 2600 Bull Street Columbia, South Carolina 29201 WQCWetlands@dhec.sc.gov

SC DHEC - OCRM

1362 McMillan Avenue, Suite 400 North Charleston, South Carolina 29405 OCRMPermitting@dhec.sc.gov

US Coast Guard Sector Charleston Attention: Waterways Management mailto:kmarshall@appliedtm.com mailto:WQCWetlands@dhec.sc.gov mailto:OCRMPermitting@dhec.sc.gov

1050 Register Street North Charleston, SC 29405 D07-PF-SECTORCHASN-WWM@uscg.mil mailto:D07-PF-SECTORCHASN-WWM@uscg.mil

© 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS

© 2023 Microsoft Corporation © 2023

Maxar ©

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 01

A Geosyntec Company

ATMLOCATION MAP

PROJECT LOCATION:

BUCK HALL RECREATION AREA

INTRACOASTAL

WATERWAY

03/07/2024

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 02

A Geosyntec Company

ATM

ADJACENT PROPERTY

OWNERS

OWNER: OAKMONT GROUP INC

PID: 7110000018

OWNER: REFORMED

EPISCOPAL CHURCH

PID: 7110000017

OWNER: BOZZELLI

BERNARD FRANCIS

PID: 7120000102

OWNER: CAPE

ROMAIN LOOKOUT

PID: 7120000128

NOAA Tide Prediction Station 8663618, McClellanville, Jeremy Creek, SC

Datum Abbreviation Elevation Elevation

FT-NAVD88 FT-MLLW

Highest Astronomical Tide* HAT 3.8 6.7

Mean Higher High Water MHHW 2.5 5.4 Mean High Water MHW 2.1 5

North American Vertical Datum of 1988 NAVD88 0 2.9 Mean Sea Level MSL -0.3 2.6

Mean Low Water MLW -2.7 0.2 Mean Lower Low Water MLLW -2.9 0

Lowest Astronomical Tide* LAT -4 -1.4

INTRACOASTAL

WATERWAY

OWNER1: UNITED STATES OF AMERICA

PID: 7120000001

BUCK HALL

LANDING ROAD

PROJECT LIMITS

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 03

A Geosyntec Company

ATMEXISTING CONDITIONS

EXISTING FLOATING

BOAT RAMP

BOARDING DOCKS

(P/N 99 - 1D - 015)

EXISTING BULKHEAD

EXISTING FIXED

TIMBER PIER

EXISTING RIP-RAP

EXISTING CONCRETE

BOAT RAMP

FEDERAL

CHANNEL LIMITS

INTRACOASTAL

WATERWAY

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RECREATION AREA

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 04

A Geosyntec Company

ATM

PROPOSED IMPROVEMENTS

OVERVIEW

REPAIR/REPLACE EXISTING FLOATING

COURTESY DOCKS IN KIND

COMPLETE MAINTENANCE WORK AND

REPAIRS ON BOAT RAMP

CONSTRUCTION

SETBACK LINE

INTRACOASTAL

WATERWAY

BUCK HALL

RECREATION AREA

PROPOSED ROCK REVETMENT

1377' 150' 192'

PROPOSED ROCK REVETMENT

PROPOSED BULKHEAD

B AA

CONSTRUCTION

SETBACK LINE

PROPERTY

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 05

A Geosyntec Company

ATM

PROPOSED SHORELINE

STABILIZATION

PROPOSED REVETMENT

INTRACOASTAL

WATERWAY

BUCK HALL

RECREATION AREA

EXISTING BULKHEAD

(PORTIONS TO REMAIN)

MHW

MLW

PROPERTY LINE

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FEDERAL CHANNEL

BOUNDARY

CONSTRUCTION SETBACK LINE

CONSTRUCTION SETBACK LINE

FLOOD

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 06

A Geosyntec Company

ATM

PROPOSED SHORELINE

STABILIZATION & DOCK REPAIR

PROPOSED REVETMENT

CONSTRUCTION

SETBACK LINE

FEDERAL CHANNEL

BOUNDARY

BUCK HALL

RECREATION AREA

MHW

EXISTING PIER

C U

T

LI

N E

INTRACOASTAL

WATERWAY

27.3'

B A

PROPOSED BULKHEAD

STABILIZE SIDE SLOPES OF

BOAT RAMP WITH RIP-RAP

REPAIR/REPLACE EXISTING

FLOATING BOARDING DOCKS (IN KIND)

FLOOD

EBB

SEE SHEET 09

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 07

A Geosyntec Company

ATMREVETMENT TYPICAL SECTIONS

PROPOSED

ARMOR STONE

EXISTING RIP-RAP

EXISTING BULKHEAD

PROPOSED

BEDDING STONE

ON GEOTEXTILE

PORTION OF EXISTING

BULKHEAD TO REMAIN

EXISTING GRADE

EXISTING GRADE

MHW: +2.1'

1.5

TYPICAL EXISTING CONDITIONS: A - B PROPOSED REVETMENT: A

MHW: +2.1'

APPROXIMATE

TOE OF EXISTING

REVETMENT

Approx. 14'

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 08

A Geosyntec Company

ATMBULKHEAD TYPICAL SECTIONS

EXISTING RIP-RAP

EXISTING BULKHEAD

MHW: +2.1'

TYPICAL EXISTING CONDITIONS: A - B PROPOSED BULKHEAD: B

EXISTING BULKHEAD REPLACE / REWORK

EXISTING REVETMENT

IN SAME FOOTPRINT

PROPOSED NEW BULKHEAD

EXISTING GRADE

MHW: +2.1'

EXISTING GRADE

Approx. 12-18"

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WATERBODY: ATLANTIC INTRACOASTAL WATERWAY

PARCEL ID: 7120000001

SITE LOCATION: 8443 HIGHWAY 17, MCCLELLANVILLE

COUNTY: CHARLESTON

STATE: SOUTH CAROLINA

LATITUDE: 32d 02m 18s N;

LONGITUDE: 79d 33m 39s W

APPLICANT: UNITED STATES DEPARTMENT OF

AGRICULTURE - FOREST SERVICE

PROJECT: BUCK HALL RECREATION AREA

SHORELINE STABILIZATION & BOAT RAMP MAINTENANCE

APPLICANT ADDRESS: 4931 BROAD RIVER ROAD

COLUMBIA, SOUTH CAROLINA 29063

07-March-2024

SHEET 09

A Geosyntec Company

ATM

PROPOSED BOARDING DOCK &

BOAT RAMP REPAIR

PROPOSED REVETMENT

REHABILITATION / RAMP

SCOUR PROTECTION

MISSING PILING

TO BE REPLACED

NTS

MLW

EXISTING TIMBER PILINGS

TO BE RE-USED OR

REPLACED IN LIKE KIND

EXISTING ABUTMENT

TO REMAIN

EXISTING 3-LANE

CONCRETE BOAT

RAMP TO REMAIN

100'

8'

FLOATING ALUMINUM BOARDING

DOCKS TO BE REPAIRED

OR REPLACED IN LIKE KIND

8'

100'

60' 50' 40'

52'

58.7'

150'

11.3'

9.2'

3. Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays.

(b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization.

(c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance 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 of dredged or fill material, 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.

After conducting the maintenance activity, 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.

(d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects.

Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act (Sections 10 and 404))

Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act Section 404(f) exemption for maintenance.

13. Bank Stabilization. Bank stabilization activities necessary for erosion control or prevention, such as vegetative stabilization, bioengineering, sills, rip rap, revetment, gabion baskets, stream barbs, and bulkheads, or combinations of bank stabilization techniques, 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 of dredged or fill material will result in no more than minimal adverse environmental effects (an exception is for bulkheads – the district engineer cannot issue a waiver for a bulkhead that is greater than 1,000 feet in length along the bank);

(c) The activity will not exceed an average of one cubic yard per running foot, as measured along the length of the treated 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 of dredged or fill material will result in no more than minimal adverse environmental 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 of dredged or fill material will result in no more than minimal adverse environmental 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 native trees and treetops may be used in low energy areas);

(g) Native plants appropriate for current site conditions, including salinity, must be used for bioengineering or vegetative bank stabilization;

(h) The activity is not a stream channelization activity; and

(i) The activity must be properly maintained, which may require repairing it after severe storms or erosion events. This NWP authorizes those maintenance and repair activities if they require authorization.

This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, 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 of dredged or fill material, 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.

After construction, 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.

Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if the bank stabilization activity: (1) involves discharges of dredged or fill material into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve the discharge of dredged or fill material of greater than an average of one cubic yard per running foot as measured along the length of the treated bank, below the plane of the ordinary high water mark or the high tide line. (See general condition 32.) (Authorities: Sections 10 and 404)

Note: In coastal waters and the Great Lakes, living shorelines may be an appropriate option for bank stabilization, and may be authorized by NWP 54.

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. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization.

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 or her 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 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. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.

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, storm water management activities, and temporary and permanent road crossings, 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, or during low tides.

13. Removal of Temporary Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued.

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. (a) No NWP 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.

(b) If a proposed NWP activity will 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, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.

(c) 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). Information on these rivers is also available at: http://www.rivers.gov/.

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 designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR

402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.”

(b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, 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 species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. 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. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species (or species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference 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 or conference with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs.

(e) Authorization of an activity by an 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 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) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.

(g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.

19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects to migratory birds or eagles, including whether "incidental take" permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.

20. Historic Properties. (a) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places 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 (see 33 CFR

330.4(g)(1)). If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.

(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might 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 might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.