Permit_Approvals_-_250303.pdf

March 11, 2024

Charles County Government

200 Baltimore Street

La Plata, MD 20646

Re: NPDES – White Plains Golf Course

Our File No.: SED 20-19

Dear Sir, In response to a request, the Charles Soil Conservation District has approved the extension to the above referenced erosion and sediment control plan. This approval will expire on April 30, 2026.

If there is any question or if we may provide further information or assistance in this regard, please call our office.

Sincerely, Luis Dieguez/dg

Luis Dieguez

District Manager

LD/dg cc: Vista Design, Inc

PGM - Planning

PGM – CPIS – Paul Zielinski

BaysD Received

Wes Moore, Governor Aruna Miller, Lt. Governor

Serena Mcllwain, Secretary Suzanne E Dorsey, Deputy Secretary

Maryland Department of the Environment

RE: Authorization of Application Number:

Dear This letter confirms, that as of MM/DD/YY, your authorization for coverage under the General Permit for Stormwater Associated with Construction Activity (MDRC/20-CP) was granted for discharges into:

In signing the Notice of Intent (NOI) you have certified that the Operator named here:

intends to abide by the terms of the MDRC/20-CP permit for:

for a total disturbed area of:

in:

The stormwater discharges associated with construction and associated support activity are authorized under this authorization provided that appropriate stormwater controls are designed, installed, and maintained (see 20CP Parts III.A and III.B). In addition to stormwater associated with construction activity (see 20CP Part I.C.2) of the permit specifies the allowable non-stormwater discharges under this authorization. Any discharges not authorized by the General Permit may require additional permit coverage (see 20CP Part I.E).

1800 Washington Boulevard | Baltimore, MD 21230 | 1-800-633-6101 | 410-537-3000 | TTY Users 1-800-735-2258 www.mde.maryland.gov

This coverage will continue under the terms of the General Permit until the permit is renewed by MDE (see 20CP Part I.F). You must print the full permit text to be kept on file and onsite with this letter. The permit text can be printed from:

https://mde.maryland.gov/programs/Water/wwp/Pages/gp_construction.aspx. Staff on-site must be thoroughly familiar with the content of the permit and where a copy is available on-site. A summary of the permit requirements and provision are provided below.

at a property located at:

8/28/2024

Charles County DPW, Capital Services Division

Charles County DPW, Capital Services Division

NPDES: White Plains Golf Course Pond Retrofit

1.81 acres

1015 St Charles Parkway White Plains, Maryland 20695

20CPI08QQ/MDRCI08QQ

8/28/2024

Use I: Zekiah Swamp (02140108)

10430 Audie Lane La Plata, Maryland 20646

Charles County

Mr. Brian Kagarise, P.E., 1800 Washington Boulevard | Baltimore, MD 21230 | 1-800-633-6101 | 410-537-3000 | TTY Users 1-800-735-2258 www.mde.maryland.gov

Lillian Deery Industrial Stormwater Permits Division Wastewater Pollution Prevention & Reclamation Program

If the current E&SC plan approval covers only part of the entire site, be advised that this registration does not authorize discharges from the other portions for the site until the appropriate E&SC approval authority approves the E&SC plan for those portions.

Discharges must be controlled as necessary to meet applicable water quality standards (see 20CP Part III.B). The narrative surface water quality criteria in Maryland’s water quality standards include floating debris, oil, grease, scum, sludge, and other floating materials in amounts sufficient to cause the receiving water(s) to be unsightly; change the existing color to produce objectionable color for aesthetic purposes, or interfere directly or indirectly with designated uses; or elevate temperature which interfere directly or indirectly with designated uses.

In addition to the Technology-Based and Water Quality-Based Limits, the permit requirements include:

• “Site Inspection, Monitoring and Records”, categorized as Person(s) Responsible for Inspecting Site (see 20CP Part III.C.1), Frequency of Inspections (see 20CP Part III.C.2), Increase in Inspection Frequency for Sites Discharging to Sensitive Waters (see 20CP Part III.C.3), Reductions in Inspection Frequency (see 20CP Part III.C.4), Areas That Must Be Inspected (see 20CP Part III.C.5), Requirements for Inspections (see 20CP Part III.C.6), Inspection Report (see 20CP Part III.C.7) and Records On-site (see 20CP Part III.C.8).

• “Corrective Actions”, categorized as Conditions Triggering Corrective Action (see 20CP Part III.D.1), Corrective Action Deadlines (see 20CP Part III.D.2), and Corrective Action Report (see 20CP Part III.D.3).

• “Staff Training Requirements”, categorized as Prior to the commencement of construction activities (see 20CP Part III.E.1), Regarding subcontractors or outside service providers (see 20CP Part III.E.2), Specific training related to scope of jobs (see 20CP Part III.E.3), and Easy access to documents (see 20CP Part III.E.4).

• “Stormwater Pollution Prevention Plan (SWPPP)”, categorized as when a SWPPP is required (see 20CP Part III.F.1), the onsite availability of your SWPPP (see 20CP Part III.F.3) and when your SWPPP must be updated (see 20CP Part III.F.4).

You are required to submit any Modifications to this coverage, Transfers of Authorization, or Notices of Termination via the ePermits portal found at https://egov.maryland.gov/mde/npdes/Account/Login. If your contact information changes, update it through the ePermits portal. If you have any questions, please call the administrative team for the General Permit at (410) 537-3019.

Lastly, please remember to contact the compliance program to schedule a preconstruction meeting two (2) weeks prior to starting construction. If the compliance program contact name isn’t on your approved E&SC plan, refer to the regional office Compliance Program Contacts listed on the following web page: https://mde.maryland.gov/programs/water/ Compliance/Pages/index.aspx.

1800 Washington Boulevard | Baltimore, MD 21230 | 1-800-633-6101 | 410-537-3000 | TTY Users 1-800-735-2258 www.mde.maryland.gov

General Permit for Stormwater Associated with Construction Activity Addendum You indicated that the permit may involve rare, threatened, or endangered species that may be impacted by your construction project. You must have indicated these identified sensitive areas in your E&SC or in your SWPPP (Part III.F.3.i), to highlight where protections must take place based on consultation with DNR.

You have indicated your construction activity includes dewatering requiring turbidity benchmarks. You must implement the requirement specific to this activity. See (Part III.A.4) Construction Dewatering Requirements, (Part III.B.4) Turbidity Benchmark Monitoring to Protect Water Quality, and 20-CP Appendix D - Turbidity Reporting Form.

You indicated that you must implement pollution prevention controls in accordance with the Pollution Prevention Requirements for any site activity referenced in Part III.A.3 to minimize the discharge of pollutants in stormwater and to prevent the discharge of pollutants from spilled or leaked materials from construction activities. The permit requires specific pollution prevention measures and maintenance of your SWPPP.

0STATE OF MARYLAND

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

LETTER OF AUTHORIZATION

AUTHORIZATION NUMBER: 20-NT-0238/202061570

EFFECTIVE DATE: 3/28/2022

EXPIRATION DATE: 3/28/2027

AUTHORIZED PERSON: Charles County Government

200 Baltimore Street

LaPlata, Maryland, 20646

IN ACCORDANCE WITH ENVIRONMENT ARTICLE §5-503(a) AND §5-906(b), ANNOTATED CODE OF MARYLAND (2007

REPLACEMENT VOLUME), COMAR 26.17.04 AND 26.23.01, AND 26.08.02 AND THE ATTACHED CONDITIONS OF

AUTHORIZATIONS, Charles County Government (AUTHORIZED PERSON"), IS HEREBY AUTHORIZED BY THE WATER

AND SCIENCE ADMINISTRATION ("ADMINISTRATION") TO CONDUCT A REGULATED ACTIVITY IN A NONTIDAL

WETLAND, BUFFER, OR EXPANDED BUFFER, AND/OR TO CHANGE THE COURSE, CURRENT OR CROSS-SECTION OF

WATERS OF THE STATE, IN ACCORDANCE WITH THE ATTACHED PLANS APPROVED BY THE ADMINISTRATION ON

March 28, 2022 ("APPROVED PLAN") AND PREPARED BY Environmental Resources, Inc. AND INCORPORATED

HEREIN, AS DESCRIBED BELOW:

To Restore channel in Unnamed Tributary to Zekiah Swamp Run. This project will temporarily impact 253 LF (3,238 SF) of stream channel, 2,507 SF of nontidal wetlands, and 17,773 SF of 25-foot wetland buffer. This project will permanently impact

5,838 SF of nontidal wetlands. Permanent impacts to nontidal wetlands will be offset by wetland creation along the stream. This project is located along White Plains Regional Park, approximately 0.2 miles east of the intersection with St. Charles Parkway, White Plains, in Charles County.

MD Grid Coordinates 100642 x 407297

Heather L. Nelson

Program Manager

Wetlands and Waterways Program

Attachments: Conditions of Authorization cc: MDE Compliance Program

THE FOLLOWING CONDITIONS OF AUTHORIZATION APPLY TO ALL ACTIVITIES AUTHORIZED BY

AUTHORIZATION NUMBER 20-NT-0238/202061570

1. Validity: Authorization is valid only for use by Authorized Person. Authorization may be transferred only with prior written approval of the Administration. In the event of transfer, transferee agrees to comply with all terms and conditions of

Authorization.

2. Initiation of Work, Modifications and Extension of Term: Authorized Person shall initiate authorized activities in waterways, including streams and the 100-year floodplain, within two (2) years of the Effective Date of this Authorization or the

Authorization shall expire. [Annotated Code of Maryland, Environment Article 5-510(a)-(b) and Code of Maryland Regulations

26.17.04.12]. Authorized Person may submit written requests to the Administration for (a) extension of the period for initiation of work, (b) modification of Authorization, including the Approved Plan, or, (c) not later than 45 days prior to Expiration Date, an extension of term. Requests for modification shall be in accordance with applicable regulations and shall state reasons for changes, and shall indicate the impacts on nontidal wetlands, streams, and the floodplain, as applicable. The Administration may grant a request at its sole discretion. (Annotated Code of Maryland, Environment Article 5-510(c), and Code of Maryland

Regulations 26.17.04.12, and Annotated Code of Maryland, Environment Article 5-907 and Code of Maryland Regulations

26.23.02.07).

3. Responsibility and Compliance: Authorized Person is fully responsible for all work performed and activities authorized by this

Authorization shall be performed in compliance with this Authorization and Approved Plan. Authorized Person agrees that a copy of the Authorization and Approved Plan shall be kept at the construction site and provided to its employees, agents and contractors. A person (including Authorized Person, its employees, agents or contractors) who violates or fails to comply with the terms and conditions of this Authorization, Approved Plan or an administrative order may be subject to penalties in accordance with §5-514 and §5-911, Department of the Environment Article, Annotated Code of Maryland (2007 Replacement

Volume).

4. Failure to Comply: If Authorized Person, its employees, agents or contractors fail to comply with this Authorization or

Approved Plan, the Administration may, in its discretion, issue an administrative order requiring Authorized Person, its employees, agents and contractors to cease and desist any activities which violate this Authorization, or the Administration may take any other enforcement action available to it by law, including filing civil or criminal charges.

5. Suspension or Revocation: Authorization may be suspended or revoked by the Administration, after notice of opportunity for a hearing, if Authorized Person: (a) submits false or inaccurate information in Permit application or subsequently required submittals; (b) deviates from the Approved Plan, specifications, terms and conditions; (c) violates, or is about to violate terms and conditions of this Authorization; (d) violates, or is about to violate, any regulation promulgated pursuant to Title 5, Department of the Environment Article, Annotated Code of Maryland as amended; (e) fails to allow authorized representatives of the

Administration to enter the site of authorized activities at any reasonable time to conduct inspections and evaluations; (f) fails to comply with the requirements of an administrative action or order issued by the Administration; or (g) does not have vested rights under this Authorization and new information, changes in site conditions, or amended regulatory requirements necessitate revocation or suspension.

6. Other Approvals: Authorization does not authorize any injury to private property, any invasion of rights, or any infringement of federal, State or local laws or regulations, nor does it obviate the need to obtain required authorizations or approvals from other

State, federal or local agencies as required by law.

7. Site Access: Authorized Person shall allow authorized representatives of the Administration access to the site of authorized activities during normal business hours to conduct inspections and evaluations necessary to assure compliance with this

Authorization. Authorized Person shall provide necessary assistance to effectively and safely conduct such inspections and evaluations.

8. Inspection Notification: Authorized Person shall notify the Administration's Compliance Program at least five (5) days before starting authorized activities and five (5) days after completion. For Allegany, Garrett, and Washington Counties, Authorized

Person shall call 301-689-1480. For Carroll, Frederick, Howard, Montgomery and Prince George’s Counties, Authorized Person shall call 301-665-2850. For Baltimore City, Anne Arundel, Baltimore, Calvert, Charles, Harford and St. Mary’s Counties, Authorized Person shall call 410-537-3510. For Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Somerset, Talbot, Wicomico and Worcester Counties, Authorized Person shall call 410-901-4020. If Authorization is for a project that is part of a mining site, please contact the Land and Materials Administration’s Mining Program at 410-537-3557 at least five (5) days before starting authorized activities and five (5) days after completion.

9. Sediment Control: Authorized Person shall obtain approval from the Charles County Soil Conservation District for a grading and sediment control plan specifying soil erosion control measures. The approved grading and sediment control plan shall be included in the Approved Plan, and shall be available at the construction site.

10. Best Management Practices During Construction: Authorized Person, its employees, agents and contractors shall conduct authorized activities in a manner consistent with the Best Management Practices specified by the Administration.

11. Disposal of Excess: Unless otherwise shown on the Approved Plan, all excess fill, spoil material, debris, and construction material shall be disposed of outside of nontidal wetlands, nontidal wetlands buffers, and the 100-year floodplain, and in a location and manner which does not adversely impact surface or subsurface water flow into or out of nontidal wetlands.

12. Temporary Staging Areas: Temporary construction trailers or structures, staging areas and stockpiles shall not be located within nontidal wetlands, nontidal wetlands buffers, or the 100-year floodplain unless specifically included on the Approved Plan.

13. Temporary Stream Access Crossings: Temporary stream access crossings shall not be constructed or utilized unless shown on the Approved Plan. If temporary stream access crossings are determined necessary prior to initiation of work or at any time during construction, Authorized Person, its employees, agents or contractors shall submit a written request to the Administration and secure the necessary permits or approvals for such crossings before installation of the crossings. Temporary stream access crossings shall be removed and the disturbance stabilized prior to completion of authorized activity or within one (1) year of installation.

14. Discharge: Runoff or accumulated water containing sediment or other suspended materials shall not be discharged into waters of the State unless treated by an approved sediment control device or structure.

15. Instream Construction Prohibition: To protect important aquatic species, motor driven construction equipment shall not be allowed within stream channels unless on authorized ford crossings. Activities within stream channels are prohibited as determined by the classification of the stream (COMAR 26.08.02.08): Unnamed Tributary to Zekiah Swamp Run is a Use I waterway; in-stream work may not be conducted from March 1 through June 15, inclusive, of any year.

16. Instream Blasting: Authorized Person shall obtain prior written approval from the Administration before blasting or using explosives in the stream channel.

17. Minimum Disturbance: Any disturbance of stream banks, channel bottom, wetlands, and wetlands buffer authorized by this

Authorization or Approved Plan shall be the minimum necessary to conduct permitted activities. All disturbed areas shall be stabilized vegetatively no later than seven (7) days after construction is completed or in accordance with the approved grading or sediment and erosion control plan.

18. Restoration of Construction Site: Authorized Person shall restore the construction site upon completion of authorized activities.

Undercutting, meandering or degradation of the stream banks or channel bottom, any deposition of sediment or other materials, and any alteration of wetland vegetation, soils, or hydrology, resulting directly or indirectly from construction or authorized activities, shall be corrected by Authorized Person as directed by the Administration.

FEDERALLY MANDATED STATE AUTHORIZATIONS

The State of Maryland issued a Water Quality Certification to the U.S. Army Corps of Engineers for projects receiving federal authorization under the Maryland State Programmatic General Permit, Regional General Permit for Chesapeake Bay Total Maximum

Daily Load (TMDL) Activities and non-suspended Nationwide Permits. In addition, as applicable, this Authorization constitutes the

State’s concurrence with the Applicant’s certification that the activities authorized herein are consistent with the Maryland Coastal

Zone Management Program, as required by Section 307 of the Coastal Zone Management Act of 1972, as amended. Activities in the following counties are not subject to the Maryland Coastal Zone Management requirement: Allegany, Carroll, Frederick, Garrett, Howard, Montgomery, and Washington.

U.S. ARMY CORPS OF ENGINEERS AUTHORIZATION

The U.S. Army Corps of Engineers is reviewing the project as a Category B activity. The federal authorization will be sent separately by the Corps and should be followed when performing the authorized.

BEST MANAGEMENT PRACTICES FOR WORKING IN

NONTIDAL WETLANDS, WETLAND BUFFERS,

WATERWAYS AND 100-YEAR FLOODPLAINS

1) No excess fill, construction material, or debris shall be stockpiled or stored in nontidal wetlands, nontidal wetland buffers, waterways, or the 100-year floodplain.

2) Place materials in a location and manner which does not adversely impact surface or subsurface water flow into or out of nontidal wetlands, nontidal wetland buffers, waterways, or the 100-year floodplain.

3) Do not use the excavated material as backfill if it contains waste metal products, unsightly debris, toxic material, or any other deleterious substance. If additional backfill is required, use clean material free of waste metal products, unsightly debris, toxic material, or any other deleterious substance.

4) Place heavy equipment on mats or suitably operate the equipment to prevent damage to nontidal wetlands, nontidal wetland buffers, waterways, or the 100-year floodplain.

5) Repair and maintain any serviceable structure or fill so there is no permanent loss of nontidal wetlands, nontidal wetland buffers, or waterways, or permanent modification of the 100-year floodplain in excess of that lost under the originally authorized structure or fill.

6) Rectify any nontidal wetlands, wetland buffers, waterways, or 100-year floodplain temporarily impacted by any construction.

7) All stabilization in the nontidal wetland and nontidal wetland buffer shall consist of the following species:

Annual Ryegrass (Lolium multiflorum), Millet (Setaria italica), Barley (Hordeum sp.), Oats (Uniola sp.), and/or Rye (Secale cereale). These species will allow for the stabilization of the site while also allowing for the voluntary revegetation of natural wetland species. Other non-persistent vegetation may be acceptable, but must be approved by the Nontidal Wetlands and Waterways Division. Kentucky 31 fescue shall not be utilized in wetland or buffer areas. The area should be seeded and mulched to reduce erosion after construction activities have been completed.

8) After installation has been completed, make post-construction grades and elevations the same as the original grades and elevations in temporarily impacted areas.

9) To protect aquatic species, in-stream work is prohibited as determined by the classification of the stream:

Use I waters: In-stream work shall not be conducted during the period March 1 through June 15, inclusive, during any year.

Use III waters: In-stream work shall not be conducted during the period October 1 through April

30, inclusive, during any year.

Use IV waters: In-stream work shall not be conducted during the period March 1 through

May 31, inclusive, during any year.

10) Stormwater runoff from impervious surfaces shall be controlled to prevent the washing of debris into the waterway.

11) Culverts shall be constructed and any riprap placed so as not to obstruct the movement of aquatic species, unless the purpose of the activity is to impound water.

DEPARTMENT OF THE ARMY

BALTIMORE DISTRICT, CORPS OF ENGINEERS

ATTN: REGULATORY BRANCH

2 HOPKINS PLAZA

BALTIMORE, MD 21201

February 19, 2021

Operations Division

Mr. John Stevens Charles County Government 200 Baltimore Street LaPlata, Maryland 20646

Dear Mr. Stevens:

This is in reference to your application NAB-2020-61570 (White Plains Golf

Course/Stream Restoration/TMDL), dated September 24, 2020 wherein you requested a Department of the Army (DA) authorization to expand and retrofit an existing online irrigation pond by excavating the pond, constructing a 4-8 foot tall by 10-foot wide forebay berm, installing a new outfall structure, and emergency spillway temporarily impacting approximately 17,426 square feet of open water, permanently impacting approximately 2,762 square feet of open water and 804 square feet of nontidal wetlands and creating approximately 11,257 square feet of open water along tributary A; to remove existing corrugated metal pipes and install two 24-inch wide by approximately

100-foot long high density polyethylene (HDPE) pipes daylighting and rerouting an existing tributary impacting approximately 711 square feet of waters and 582 square feet of nontidal wetlands and creating approximately 605 linear feet (4,710 square feet) of open stream channel and approximately 4,889 square feet of nontidal wetlands along tributary B; to remove an existing 12-inch HDPE pipe and restore the stream channel by realigning and installing a series of step pools and cross vanes impacting approximately 200 linear feet of stream and creating approximately 341 linear feet (3,012 square feet) of new day lighted channel and approximately 1,207 square feet of nontidal wetlands at tributary C unnamed tributary to Zekiah Swamp Run, St. Charles, Charles County, Maryland.

The U. S. Army Corps of Engineers, Baltimore District, has determined that the proposed retrofit of the existing stormwater basin work, if accomplished in accordance with the enclosed plan(s), is authorized as a as a Category A; Activity e(9) Residential, Commercial, and Institutional Development Activities under the Maryland State Programmatic General Permit-5 (MDSPGP-5) and the stream and wetland restoration work is authorized as a

Nontidal Streams and Wetland Restoration Activities under the Chesapeake Bay Total Maximum Daily Load Regional General Permit (TMDL RGP). The MDSPGP-5 was published in the Corps Special Public Notice #16-56 issued on September 30, 2016 and the TMDL RGP general permit was published in the Corps Special Public Notice #20-59 issued on September 1, 2020. This TMDL RGP verification is provided pursuant to Section

404 of the Clean Water Act. If any of the information contained in your application and/or plans is later found to be in error, the TMDL RGP authorization for your project may be modified, suspended, or revoked.

The enclosed list of activity-specific impact limits and requirements, and general conditions must be followed for purposes of the TMDL RGP in performing the work.

As a condition of the MDSPGP-5 authorization, you are required to complete and sign the enclosed Compliance Self-Certification Form regarding the completed work and any required mitigation. The signed form should be returned to the Regulatory Branch at the above address within 60 days following completion of the authorized work. Your signature on the self-certification form verifies your understanding that the work was completed in accordance with the terms and conditions associated with your DA permit.

As a condition of the TMDL RGP authorization, you are required to complete the Year 1 Post Construction Report and monitoring requirements (General Condition 5 and 6).

Please be aware that the terms and conditions of this permit will continue to be binding on the new property owner(s) if work authorized by this permit exist at the time of ownership transfer of the associated property. Although the construction period for work authorized by this MDSPGP-5 and TMDL RGP is finite, the permit itself, with its limitations, does not expire. To validate the transfer of this permit and the legal responsibility to comply with its terms and conditions, the transferee (new owner) must provide a mailing address and telephone number along with their signature and date in the space provided below and mail a copy to the above address.

Your MDSPGP-5 authorization is valid until September 30, 2021 and your TMDL RGP authorization is valid until August 31, 2025 unless the permit is modified, reissued, or revoked. You must remain informed of the changes to the MDSPGP-5 and TMDL RGP.

When changes to the MDSPGP-5 or TMDL RGP occur, a public notice announcing the changes will be issued.

Be advised that you have 12 months from the effective date of the MDSPGP-5 or TMDL RGP’s expiration, modification or revocation to complete the work under the present terms and conditions provided you have commenced construction or are under contract to commence construction of the authorized work.

In order for this authorization to be valid, you must obtain all required Federal, State, and local permits.

If you have any questions concerning this matter, please contact the undersigned of this office at (410) 962-6029 or Erica.Schmidt@usace.army.mil.

Erica W. Schmidt

Project Manager, Maryland South Section

Copies Furnished: Via E-mail Alex Sicard-MDE Ed Launay-Consultant

Enclosures

TRANSFEREE SIGNATURE DATE TELEPHONE NO.

PRINTED NAME

ADDRESS

To identify how we can better serve you, we need your help. Please take the time to fill out our new customer service survey at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

U.S. ARMY CORPS OF ENGINEERS, BALTIMORE DISTRICT

2 HOPKINS PLAZA

BALTIMORE, MARYLAND 21201-2930

Effective September 1, 2020

Corps Permit Number

To Whom It May Concern:

Upon the recommendation of the Chief of Engineers, and under the provisions of Section 404 of the Clean Water Act, as amended, the Secretary of the Army hereby authorizes the discharge of dredged or fill material into Waters of the United States, including wetlands. These discharges and structures must comply with all the terms and conditions identified in this TMDL RGP. It has been determined that the project qualifies for the TMDL RGP. Accordingly, you are authorized to undertake the activity pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344).

You are authorized to perform work in accordance with the terms and conditions specified in Section XIII of the Bay TMDL RGP effective on July 1, 2015.

VIII. GENERAL CONDITIONS: Activities do not qualify for this TMDL RGP unless they satisfy all of the general conditions listed below:

1. The applicant must submit the appropriate permit application, plans, and supporting documentation according to the permit application procedure in Section VI and VII before initiating work in WOTUS.

2. Vegetation Protection and Restoration: Riparian and wetland vegetation in the authorized project area shall be protected from unnecessary clearing and disturbance to the maximum extent practicable through:

i. Minimization of project and impact footprint;

ii. Designation of staging areas and access points in open, upland areas;

iii. Fencing or other barriers demarking construction areas; or

iv. Use of alternative equipment (e.g., crane, portable bridges).

3. Tidal Waters: No activity, fill or discharge shall occur channelward of the high tide line.

4. Self-sustaining Design: The project must be self-sustaining, meaning that a project must be designed in a way which does not require routine work to maintain the as-built integrity.

5. Year 1 Post Construction Report: For all activities, the permittee must electronically provide a post-construction report (PDF format preferred) to the Corps (NAB-Regulatory@usace.army.mil) by December 31 of project completion year. The post-construction report shall include:

i. The Corps application tracking number & State permit number (NAB-YYYY-#####);

ii. Location of the completed work (latitude and longitude in decimal degrees);

iii. Dates during which the work occurred;

iv. A point of contact name and contact information (email and phone);

v. A set of geo-referenced photographs that show the pre-construction and post-construction conditions for the project using consistent photo stations;

vi. A narrative describing how the project purpose and objectives were met;

vii. Surveyed as-built drawings, to scale, with control (latitude/longitude) depicting the final work including the restoration of the temporary impacts. As-built drawings must be completed within 90 days of completion of work in WOTUS. Additional as-built monitoring is required for Activity C projects (See VIII.6.xiii).

6. Three Year Monitoring Requirements: For Activity C) Stream and Wetland Restoration Activities, the permittee must electronically provide an annual monitoring report to the Corps (NAB-Regulatory@usace.army.mil) by December 31 of each respective year. (Note: Three year post construction monitoring reports are in addition to Year 1 Post Construction Monitoring Requirements noted in Section VIII General Condition 5. Monitoring requirements listed below apply to all three years, unless otherwise specified). The monitoring reports must include:

i. The Corps application tracking number & State permit number (NAB-YYYY-#####);

ii. Location of the completed work (latitude and longitude in decimal degrees);

iii. Dates during which the work occurred;

iv. A point of contact name and contact information (email and phone);

v. A set of geo-referenced photographs that show post-construction conditions for the project using consistent photo stations across monitoring years;

vi. The permittee must demonstrate functional lift and stability by comparing pre-construction and post-construction functions and conditions using an FCAM.

References to scientific literature may be used;

vii. Documentation of achievement of design objectives as compared to baseline values;

viii. Documentation of at least 85% coverage of the riparian vegetation, including volunteers. Of these, invasive species coverage may not exceed baseline (Year 3 only);

ix. Documentation of the reestablishment of impacted or relocated wetlands and streams (Years 1 and 3 only);

x. A waters and wetland delineation of the project site to ensure that there has been no additional loss or conversion. If additional loss or conversion is determined, the applicant may need to provide compensatory mitigation (Year 3 only);

xi. A detailed description of any necessary corrective measures, including maintenance and repair, or alteration in any way, of the permitted work. (Note:

permittees must notify the Corps of proposed corrective measures at least 15 days prior to performance of such corrective measures for review and approval. In addition, a summary of corrective measures must be included in the monitoring report for the respective year);

xii. The permittee must demonstrate functional lift and stability by comparing pre-construction and post-construction ecological functions and conditions using an FCAM for three (3) years following construction completion.

xiii. Required Surveying and Figures:

a. Plan view graphic showing channel alignment and aquatic resources onsite (Years 1 and 3 only).

b. Surveyed cross-sections at a minimum of 300 foot intervals. Cross-sections must be monumented and graphically displayed to compare changes from previous years (For Self-Verified Activities, Year 1 only, For Corps Verified Activities, Years 1 and 3 only)

c. Surveyed longitudinal profile capturing the water surface and bed elevation along the thalweg (For Self-Verified Activities, Year 1 only, For Corps Verified Activities, Years 1 and 3 only).

d. Red-line construction drawings of the As-built condition may substitute for items a, b, and c above if they include the elements described in those respective items.

e. Surveying specific to Year 1 listed above must reflect the As-built condition, and must be completed within 90 days of completion of project activity in WOTUS;

xiv. If monitoring shows that a project is not trending towards success in meeting the project goals and objectives, monitoring may be extended on a case by case basis.

Projects not meeting documented functional lift and stability by year three may result in noncompliance or enforcement actions by the Corps.

7. Compliance Certification: Each permittee must provide a completed and signed Certificate of Compliance documenting completion of the authorized activity. The Corps will provide the permittee the certification document with the TMDL RGP verification letter. Each permittee should retain a copy for their records. The original Certificate of Compliance shall be emailed to: (NAB-Regulatory@usace.army.mil).

8. Other Permits: Authorization under the TMDL RGP does not obviate the need to obtain other Federal, state or local authorizations required by law or to comply with all Federal, state, or local laws.

9. Single and Complete Project: This TMDL RGP shall only be applied to single and complete projects. For purposes of this TMDL RGP, a single and complete project means the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers and which has independent utility. All components of a project, including all attendant features both temporary and permanent, shall be reviewed together as constituting one single and complete project.

10. Use of Multiple TMDL RGP Activities: More than one TMDL RGP activity may be used to authorize a single and complete project. However, the specific requirements, including all activity-specific requirements and impact thresholds, must be met for each TMDL RGP activity and the total extent of project impacts must not exceed the acreage and/or linear foot limit of the TMDL RGP activity with the highest specified acreage and/or linear foot limit.

11. Multiple General Permit Authorizations: An activity can be authorized by more than one general permit (e.g., TMDL RGP in combination with Maryland Statewide Programmatic General Permit or Nationwide Permit), if the activity is a single and complete project (33 CFR 330.2(i)), that will result in no more than minimal adverse environmental effects, and that will satisfy the terms and conditions of the applicable general permits. However, the project must meet the specific requirements of each general permit and the total extent of project impacts must not exceed the acreage limit of the general permit with the highest specified acreage limit.

12. Water Quality: Permittees must satisfy any conditions imposed by the States and EPA, where applicable, in their Water Quality Certifications (WQC) for this TMDL RGP pursuant to Section 401 of the Clean Water Act. Project-specific WQC must be obtained for activities under the TMDL RGP that have not been given a programmatic WQC by the State. The Corps or State may require additional best management practices to ensure that the authorized activity does not result in degradation of water quality. For information on obtaining an individual water quality certification contact the appropriate state agency:

Maryland: A conditional Water Quality Certification has been issued for all permittees applying for the TMDL RGP within the State of Maryland (Appendix 4).

For additional information contact the Wetlands and Waterways Program below:

MDE/Water and Science Administration Wetlands and Waterways Program - ATTN: WQC Montgomery Business Center – STE 430 1800 Washington Blvd Baltimore, MD 21230-1708 https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.

aspx

Virginia: A general Water Quality Certification has been issued for all permittees applying for the TMDL RGP within the State of Virginia (Appendix 4). For additional information contact the Water Quality Division below:

Virginia Department of Environmental Quality Water Quality Division P.O. Box 1105 Richmond, Virginia 23218 https://www.deq.virginia.gov/Programs/Water/WetlandsStreams.aspx

District of Columbia: All applicants applying for the TMDL RGP for proposed work within the District of Columbia are required to obtain a permit-specific WQC’s from DOEE. The joint permit application form for proposed work in the District of Columbia should indicate that the application form and all supporting documents must also be submitted to Regulatory Review Division:

Electronic Submittal: Jennifer.Dietzen@dc.gov or

Ms. Jennifer Dietzen Water Resources Plan Review and Flood Control Branch Regulatory Review Division 1200 First Street NE, 5th Floor Washington, DC 20002 https://doee.dc.gov/service/environmental-applications-licenses-and-permits

13. Coastal Zone Management Consistency (CZM): All activities authorized by the TMDL RGP will be carried out in a manner consistent with the Maryland Coastal Zone Management Program or the Virginia Coastal Zone Management Program pursuant to Section 307 of the Federal Coastal Zone Management Act of 1972, as amended.

Permittees must satisfy any additional conditions imposed by the States in their CZM consistency concurrences for this TMDL RGP.

Per the letter dated July 10, 2020, the Maryland Department of Environment has concurred that the TMDL RGP is consistent with the Maryland’s CZM Program, provided all applicable permits and approval are obtained (Appendix 4).

Per the letter dated June 8, 2020, the Virginia Department of Environmental Quality concurred that the TMDL RGP is consistent with the Virginia’s CZM Program, provided all applicable permits and approval are obtained (Appendix 4).

14. Minimal Effects: Projects authorized shall have no more than minimal individual or cumulative impacts, as determined by the Baltimore District.

15. Discretionary Authority: The Corps retains discretionary authority to require processing of an individual permit for any project based on concerns for the aquatic https://doee.dc.gov/service/environmental-applications-licenses-and-permits environment or for any other factor of the public interest (33 CFR 320.4(a)). This authority is exercised on a case-by-case basis.

16. Contractor Compliance: The prospective permittee shall ensure that a copy of the TMDL RGP and Corps verification letter or signed self-verification form are available and visible for reference at the project site and that all personnel with operational control of the site ensure that all appropriate personnel performing work are fully aware of its terms and conditions. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub-contractors shall be expected to comply with all conditions of any general permit authorization. No contract or sub-contract shall require or allow unauthorized work in areas of Corps jurisdiction.

17. Historic Properties.

i. Prior to initiating the work, prospective permittees shall coordinate with and receive written notification/comments (i.e., letter, email, etc.) from the appropriate SHPO:

a. Virginia State Historic Preservation Office, Review and Compliance Division, Department of Historic Resources, 2801 Kensington Avenue, Richmond, VA 23221, Phone: 804-482-6103, Website:

http://www.dhr.virginia.gov/ (utilization of the ePIX – Electronic Project Information Exchange is also recommended: http://epix.dhr.virginia.gov);

b. Maryland Historical Trust, 100 Community Place, Crownsville, MD 21032, Phone: 410-514-7600, Website: https://mht.maryland.gov/; or

c. DC State Historic Preservation Office, Office of Planning, 1100 4th Street, SW, Suite E650, Washington, DC 20024, Phone: 202-442-7600, Website:

http://planning.dc.gov/historicpreservation.

ii. Prospective permittees must submit an application to the Corps, regardless of the activity-specific limits, if the authorized activity may have the potential to affect any historic properties listed in, determined to be eligible for listing in, or potentially eligible for listing in the National Register of Historic Places, including previously unidentified properties. For such activities, the application must state which historic properties may be affected by the proposed work or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.

iii. In cases where the Corps determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act have been satisfied.

18. 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.

19. Discovery of Previously Unknown Artifacts: Upon discovery of any previously unknown historic, cultural, or archeological resources or remains while accomplishing the activity authorized by this permit, the permittee must immediately notify this office by calling (410)962-3670 and also sending an email notification to the Corps (NAB- Regulatory@usace.army.mil) of what has been found, and avoid construction activities that may affect the resources or remains until the required coordination has been completed. The Corps will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

20. National Lands: Authorized activities shall not impinge upon the value of any National Wildlife Refuge, National Forest, National Park, or any other area administered by the FWS, U.S. Forest Service, or National Park Service.

21. Endangered Species:

i. No activity is authorized under this TMDL RGP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the proposed or designated critical habitat of such species. No activity is authorized under this TMDL RGP that “may affect” a proposed or listed species or proposed or designated critical habitat, unless project-specific Section 7 consultation addressing the effects of the proposed activity has been completed.

ii. Applicants must submit an application if any listed species or designated critical habitat may be affected or is in the vicinity of the project, or if the project is located in designated critical habitat. The application must include the name(s) of the endangered or threatened species that might be affected by the proposed work or that utilizes the designated critical habitat that might be affected by the proposed work. The Corps shall determine if consultation with FWS is required under Section 7 of the ESA. If consultation is required, the prospective permittee shall not begin or continue work until notified by the Corps that the requirements of the ESA have been satisfied and that the activity is eligible for authorization.

iii. Authorization of an activity by this TMDL RGP does not authorize the “take” of a threatened or endangered species as defined under the ESA. The ESA prohibits any person from taking 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 in the absence of an authorization (e.g., an ESA Section 10 permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS.

FWS regulations extend the definition of “harm” to include significant habitat modification or degradation (50 CFR 17.3).

iv. Information on Federally listed or proposed threatened and endangered species and designated or proposed critical habitat can be obtained from the FWS. Prior to initiating the work, applicants in Maryland and the District of Columbia must review ESA resources at the Endangered Species Project Review website to determine if listed species and designated or proposed critical habitat may be affected:

http://www.fws.gov/chesapeakebay/EndSppWeb/ProjectReview/Index.html.

applicants in Virginia must review ESA resources at this website:

http://www.fws.gov/northeast/virginiafield/endangered/projectreviews.html

22. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for obtaining any “take” permits required under the FWS’s regulations governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection Act. The permittee should contact the appropriate local office of the FWS to determine if such “take” permits are required for a particular activity.

23. Essential Fish Habitat (EFH) and Fish and Wildlife Coordination Act: The Corps completed EFH coordination and received a no effect determination. NMFS does not need project-specific coordination under the Fish and Wildlife Coordination Act if the applicant adheres to the terms and conditions of the permit.

24. Coldwater and Tier II Streams: No activity may increase water temperatures in excess of the water quality standard in Code of Maryland Regulations (COMAR 26.08.02.03-3D(3)). To avoid adverse effects to native aquatic species from increased water temperatures, Corps Verification is required for any work proposed in coldwater streams (Use III and Use IV waters, and other cold water resources identified in mapped waterways ( COMAR 26.08.02.02;

https://maryland.maps.arcgis.com/apps/webappviewer/index.html?id=dc5100c0266d4 ce89df813f34678944a ) or work proposed in Tier II watersheds (COMAR 26.08.02.04- 1).

25. Wild and Scenic Rivers: No activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study River (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, and FWS).

26. Federal Projects: Engineer Circular (EC1165-2-216) provides policy and procedural guidance for processing requests by private, public, tribal, or other federal entities, to make alterations to, or temporarily or permanently occupy or use, any US Army Corps of Engineers (USACE) federally authorized civil works project, pursuant to 33 USC 408 (Section 408). Proposed alterations must not be injurious to the public interest or affect the USACE project’s ability to meet its authorized purpose. The decision on a Department of the Army permit application pursuant to Section 10/404/103 cannot and will not be rendered prior to the decision on the Section 408 request. An activity that requires Section 408 permission is not authorized by the TMDL RGP until the Corps issues the Section 408 permission to alter, occupy, or use the USACE project, and the Corps issues a written TMDL RGP verification.

27. Fills Within Floodplains: The authorized activity must comply with applicable requirements of any Federal Emergency Management Agency-approved state or local floodplain management requirements.

28. Safety of Impoundment Structures: To ensure that all impoundment structures are safely designed, the Corps may require applicants to demonstrate that the structures comply with established State dam safety criteria or have been designed by qualified persons. The Corps may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.

29. Federal Liability: In issuing this TMDL RGP, the Federal government does not assume any liability for the following: (a) damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes;

(b) damages to the…