GPMA.PDF

Section I February 2015 1

Applicant: General Public in Massachusetts Effective Date: February 4, 2015 Expiration Date: February 4, 2020

Department of the Army General Permits for Massachusetts

The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues General Permits (GPs) for activities subject to Corps jurisdiction in waters of the U.S. within the boundaries of, and off the coast of, the Commonwealth of Massachusetts excluding work within the boundaries of Indian tribal lands. These GPs are issued in accordance with Corps regulations at 33 CFR 320 - 332 (see 33 CFR 325.5(c)(1)). The GPs will protect the aquatic environment and the public interest while effectively authorizing activities that have no more than minimal individual and cumulative adverse effects on the aquatic environment.

This GP document contains the following sections: Page I. General Criteria 1 II. Jurisdiction/Authorities to Issue Permits 3 III. Eligible Activities 4 IV. General Conditions 23 V. Content of Pre-Construction Notification 39 VI. Definitions and Acronyms 42 VII. Self-Verification Notification Form 50 VIII. SHPO/THPO Notification Form 52 IX. State-Specific Supplement 53

I. GENERAL CRITERIA

1. Prospective permittees need to read:

a. Section II to determine if the activity requires Corps authorization; and

b. Sections III, IV and IX to determine if the activity may be eligible for authorization under the GPs, specifically whether it is eligible for self-verification (SV) or whether preconstruction notification (PCN) is required.

2. Permittees must ensure compliance with all applicable general conditions in Section IV. The Corps will consider any activity requiring Corps authorization to be unauthorized if that activity is under construction or completed and does not comply with all of the terms and conditions.

3. Project proponents are encouraged to contact the Corps with questions at any time. Pre-application meetings (see 33 CFR 325.1(b)), whether arranged by the Corps or requested by permit applicants, are encouraged to facilitate the review of projects. Pre-application meetings can help streamline the permit process by alerting the applicant to potentially time-consuming concerns that are likely to arise during the evaluation of their project (e.g., avoidance, minimization and compensatory mitigation requirements (GC 4), historic properties (GC 6), endangered species (GC 8), essential fish habitat, and dredging contaminated sediments).

4. Activities may still qualify for authorization under the GPs if they are not regulated by the State.

5. Projects that are not authorized by these GPs require an Individual Permit (IP) (33 CFR 325.5) and proponents must submit an application directly to the Corps. These GPs do not affect the Corps IP

Section I February 2015 2 review process or activities exempt from Corps regulation. For general information and application form, see the Corps website or contact the Corps (see Section IX, Part C). The Corps encourages applicants to apply concurrently for a Corps IP and applicable State permits.

The Corps retains discretionary authority on a case-by-case basis to elevate a SV to PCN or IP, or a PCN to IP based on concerns for the aquatic environment or for any other factor of the public interest (33 CFR 320.4(a)). Whenever the Corps notifies an applicant that a PCN or IP is required, no work in Corps jurisdiction may be conducted until the Corps issues the required authorization in writing indicating that work may proceed.

6. How to Obtain/Apply for Authorization

a. Self-Verification (Self-Verification Notification Form (SVNF) required):

The SVNF is required for all SV eligible work in MA unless otherwise stated in GPs 1 - 23. The SVNF is not required for the work specified in the notes to GPs 2, 16, 17, 19 and 21. Activities that are eligible for SV are authorized under the GPs and may commence without written verification from the Corps provided the prospective permittee has:

i. Confirmed that the activity will meet the terms and conditions of applicable GPs.

Consultation with the Corps and/or other relevant Federal and State agencies may be necessary to ensure compliance with the applicable general conditions (GCs) (see Section IV and Section IX, Part A, Subpart 3) and related Federal laws such as the National Historic Preservation Act (see GC 6), the Endangered Species Act (GC 8) and the Wild and Scenic Rivers Act (GC 9). Prospective permittees are encouraged to contact the Corps with SV eligibility questions. Activities not meeting the SV criteria must submit a PCN to the Corps.

ii. Submitted the SVNF (see GC 30) to the Corps.

b. Pre-Construction Notification (PCN) (application and written verification required):

For activities that do not qualify for SV or where otherwise required by the terms of the GPs, the permittee must submit a PCN and obtain written verification before starting work in Corps jurisdiction. Refer to the state-specific procedures in Section IX, Part B for information, including appropriate forms, content, and whether PCNs are submitted to the Corps or the State.

i. The Corps will coordinate review of all activities requiring PCN with Federal and State agencies and Federally recognized tribes, as appropriate. To be eligible and subsequently authorized, an activity must result in no more than minimal individual and cumulative effects on the aquatic environment as determined by the Corps in accordance with the criteria listed within these GPs. This may require project modifications involving avoidance, minimization, or compensatory mitigation for unavoidable impacts to ensure that the net adverse effects of a project are no more than minimal.

ii. Emergency Situations: Contact the Corps and the State (see Section IX, Part C) in the event of an emergency situation for information on the application and approval process. Emergency situations are limited to sudden, unexpected occurrences that could potentially result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process an application under standard procedures. Emergency work is subject to the same terms and conditions of these GPs as non-emergency work, and similarly, must qualify for authorization under the GPs; otherwise an IP is required. The Corps will work with all applicable agencies to expedite verification according to established procedures in emergency situations.

Section II February 2015 3

II. JURISDICTION/AUTHORITIES TO ISSUE PERMITS

1. The following regulated activities require authorization under the Corps Regulatory Program:

a. The construction of any structure in, over or under any navigable water of the United States (U.S.) 1, the excavating or dredging from or depositing of material in such waters, or the accomplishment of any other work affecting the course, location, condition, or capacity of such waters.

The Corps regulates these activities under Section 10 of the Rivers and Harbors Act of 1899. See

33 CFR 322;

b. The discharge of dredged or fill material and discharges associated with excavation into waters of the U.S. The Corps regulates these activities under Section 404 of the Clean Water Act (CWA). See 33 CFR 323; and

c. The transportation of dredged material for the purpose of disposal in the ocean. The Corps regulates these activities under Section 103 of the Marine Protection, Research and Sanctuaries Act.

See 33 CFR 324.

2. Related laws:

33 CFR 320.3 includes a list of related laws, including: Section 401 of the CWA, Section 402 of the CWA, Section 307(c) of the Coastal Zone Management Act of 1972, the National Historic Preservation Act of 1966, the Endangered Species Act, the Fish and Wildlife Act of 1956, the Marine Mammal Protection Act of 1972, the Magnuson-Stevens Act, and Section 7(a) of the Wild and Scenic Rivers Act.

1 Defined in Section VI, Definitions and at 33 CFR 328.

Section III February 2015 4

III. ELIGIBLE ACTIVITIES

Terms and Conditions An activity is authorized under GPs 1-23 below only if that activity and the permittee satisfy all of the GP’s terms and conditions. Activities that do not qualify for authorization under a GP still may be authorized by an IP. The Corps will consider any activity requiring Corps authorization to be unauthorized if that activity is under construction or completed and does not comply with all of the terms and conditions of a GP or an IP. This may subject you to the enforcement provisions of our regulations.

Area Limits The following area limits apply when a) there is a discharge of dredged or fill material or a discharge associated with excavation into waters of the U.S., and b) stated in GPs 1, 8-14, 16-20 and 22. The area limits do not apply to GPs 2-7, 15, 21 and 23. Unless otherwise stated (e.g., temporary construction mats in GP 14), the total temporary and permanent2 impact area is used to determine if a single and complete project is eligible for SV or requires a PCN. However, the total permanent impact area is used to determine whether a single and complete project exceeds the PCN limits and requires an IP.

Temporary discharges, including discharges associated with excavation, are only authorized under GPs 6, 10 and 14.

Resource

SV Limits (SV Eligible)

PCN Limits (PCN Required)

IP Limits (IP Required)

Non-tidal waters of the U.S. 0 to 5,000 SF >5,000 SF to 1 acre >1 acre

Tidal waters of the U.S. not eligible all discharges ≤1/2 acre >1/2 acre SAS* in tidal waters of the U.S.

excluding vegetated shallows not eligible all discharges ≤1000 SF >1000 SF

SAS* in tidal waters of the U.S.

consisting of vegetated shallows only not eligible all discharges ≤100 SF (compensatory mitigation is required) >100 SF *Special Aquatic Sites (SAS) consist of wetlands, mud flats, vegetated shallows, sanctuaries and refuges, coral reefs, and riffle and pool complexes. These are defined at 40 CFR 230 Subpart E.

2 Permanent impacts include, but are not limited to, waters of the U.S. that are permanently affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent impacts include, but are not limited to, permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. Temporary impacts include, but are not limited to, waters of the U.S. that are temporarily filled, flooded, excavated, drained or mechanically cleared because of the regulated activity. Impacts resulting from activities eligible for exemptions under Section 404(f) of the CWA are not considered when calculating the impact area.

Section III February 2015 5

General Permits

1. Repair, Replacement and Maintenance of Authorized Structures and Fills

2. Moorings

3. Pile-Supported Structures, Floats and Lifts

4. Aids to Navigation, and Temporary Recreational Structures

5. Dredging, Disposal of Dredged Material, Beach Nourishment, and Rock Removal and Relocation

6. Discharges of Dredged or Fill Material Incidental to the Construction of Bridges

7. Bank and Shoreline Stabilization

8. Residential, Commercial and Institutional Developments, and Recreational Facilities

9. Utility Line Activities

10. Linear Transportation Projects Including Stream Crossings

11. Mining Activities

12. Boat Ramps and Marine Railways

13. Land and Water-Based Renewable Energy Generation Facilities and Hydropower Projects

14. Temporary Construction, Access, and Dewatering

15. Reshaping Existing Drainage Ditches, New Ditches, and Mosquito Management

16. Response Operations for Oil and Hazardous Substances

17. Cleanup of Hazardous and Toxic Waste

18. Scientific Measurement Devices

19. Survey Activities

20. Agricultural Activities

21. Fish and Wildlife Harvesting and Attraction Devices and Activities

22. Habitat Restoration, Establishment and Enhancement Activities

23. Previously Authorized Activities

Section III February 2015 6

GP 1. Repair, Replacement and Maintenance of Authorized Structures and Fills (Sections 10 and 404; tidal and non-tidal waters of the U.S.)

The repair, rehabilitation, or replacement of any previously authorized, currently serviceable3, 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 in the original permit or the most recently authorized modification.4 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 also eligible. 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 or within the boundaries of the structure or fill. Also eligible is 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.

Existing conditions are those that existed on previously serviceable structures or fill immediately prior to the event. In cases of catastrophic events, such as hurricanes or tornadoes, the Corps may waive the two-year limit in writing provided the permittee can demonstrate funding, contract, or other similar delays.

Self-Verification Eligible

PCN Required

Not authorized under GP 1 or IP Required

1. No new permanent impacts to SAS; and

2. The removal of accumulated sediments and debris in the vicinity of existing structures (limited to bridges, culverted road crossings, water intake structures and dams), provided: a) removal is the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built; b) removal extends no farther than 50 feet in any direction from the structure; and c) all dredged or excavated materials are deposited and retained in an upland area; and

3. No expansion (e.g., structures) or new discharges of dredged or fill material (i.e., outside of the previously authorized footprint); and

4. Modifications to existing stream crossings (e.g., culverts, elliptical or arch pipes, etc.) that do not a) increase velocity; b) decrease the diameter of the crossing;or c) change the friction coefficient. No sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining. GC 19 is particularly relevant. See GP 10 for stream crossing authorizations; and

5. Dam and flood control or levee repair, rehabilitation, or replacement:

a. No change in the flood elevation or permanent water surface elevation of the impoundment; and

b. Drawdown of impoundment for construction does not exceed one growing season; and

c. No work at the Holyoke or Turners Falls Dams; and

1. New permanent impacts to SAS that do not exceed the PCN limits on page 4; or

2. The removal of accumulated sediments and debris in the vicinity of existing structures that does not meet the requirements of #1 in the SV column; or

3. All expansions or new discharges of dredged or fill material (i.e., outside of the previously authorized footprint), including the creation of new berms, that do not exceed the PCN limits on page 4; or

4. Modifications to existing stream crossings (e.g., culverts, elliptical or arch pipes, etc.) that a) increase velocity; b) decrease the diameter of the crossing; c) change the friction coefficient; or d) involve sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining. These are not considered minor deviations.

GC 19 is particularly relevant; or

5. Dam and flood control or levee repair, rehabilitation, or replacement involves:

a. Change in the flood elevation or permanent water surface elevation of the impoundment; or

b. Drawdown of impoundment for construction exceeding one growing season; or

1. New stream channelization or stream relocation projects (e.g., those in response to storm or flood events); or

2. Stream crossing culvert extensions and culvert replacements (see GP 10 where these may be eligible for SV or PCN); or

3. Maintenance dredging (see GP 5 where this may be eligible for SV or PCN); or

4. Replacement of non-

3 Currently serviceable is defined as useable as is or with some maintenance, but not so degraded as to essentially require reconstruction.

4 This authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the CWA Section 404(f) exemption for maintenance. See 33 CFR 323.4(a)(2).

Section III February 2015 7

6. The discharge of de minimis (i.e., inconsequential) quantities of accumulated bottom sediment occur from or through a dam into downstream waters5; and

7. Work to tide gates done in accordance with a State permitting agency or Corps-approved operation and maintenance plan and changes do not affect the hydraulic regime.

6. The discharge of more than de minimis (i.e., inconsequential) quantities of accumulated bottom sediment occur from or through a dam into downstream waters5; or

7. Work to previously approved tide gates without a State permitting agency or Corps-approved operation and maintenance plan or changes affect the hydraulic regime.

functioning tide gates.

Notes:

1. Applicants are encouraged to contact the Corps with questions on whether or not an activity qualifies for GP 1.

2. The time of year (TOY) work windows/restrictions in GC 18 do not apply to work authorized under GP 1 unless the work causes turbidity or sediment resuspension in streams and tidal waters.

3. In addition to the TOY restrictions in GC 18, work authorized under GP 1 that causes turbidity or sediment resuspension in tidal waters, the Connecticut River from the MA/CT border to the Turners Falls Dam, Merrimack River to the Essex Dam, or Taunton River, cannot be conducted between Mar 16 and Oct 31. This is required to avoid effects to listed species under National Marine Fisheries Service (NMFS) jurisdiction and can only be waived by the Corps, not in a written State determination (see GC 18(a)).

GP 2. Moorings (Section 10; navigable waters of the U.S.)

New moorings and mooring fields; the relocation of previously authorized6 moorings; expansions, boundary reconfigurations or modifications of previously authorized mooring fields; and maintenance and replacement of moorings.

Self-Verification Eligible PCN Required Not authorized under GP 2 or IP Required

New or relocation of moorings that are:

a. Authorized by a local harbormaster/municipality under MGL Chapter 91 Section 10A; and

b. Single boat and single-point; and

c. Not associated with a boating facility7; and

d. Not placed in tidal vegetated shallows (e.g., eelgrass)

(see Note 4) unless low impact mooring technology is used (see Note 5); and

e. Not located within a Corps Federal Channel21 or its buffer zone.

1. New or relocation of moorings that are:

a. Not authorized by a local harbormaster/municipality under

MGL Chapter 91 Section 10A; or

b. Not single boat and single-point; or

c. Associated with a boating facility7; or

d. Placed in tidal vegetated shallows (e.g., eelgrass) (see Note 4) without low impact mooring technology (see Note 5); or

e. Not located within a Corps Federal Channel21.

2. New mooring fields; or expansions, boundary reconfigurations or modifications of existing, authorized mooring fields. Municipal mooring fields may be established in a Corps Federal anchorage21.

1. Moorings or mooring fields classified as or associated with a new boating facility7; or

2. Moorings in a Corps Federal anchorage21 that are classified as a boating facility7; or

3. Moorings in a Corps Federal channel21.

1. Moorings installed or relocated prior to January 11, 2000 are considered authorized under the non-reporting provisions of the GPs that were in effect at that time. Moorings installed or relocated between January 11, 2000 and January 20, 2010 are considered authorized under the non-reporting provisions of the GPs

5 See Corps Regulatory Guidance Letter No. 05-04 for more information.

6 For all GPs, “authorized” means authorized by the Corps, not a state or municipality, unless otherwise stated. A SVNF was not required before January 21, 2010.

7 Boating facilities provide, rent or sell mooring or docking space, such as marinas, yacht clubs, boat clubs, boat yards, dockominiums, town facilities, land/home owners associations, etc. Not classified as boating facilities are piers shared between two abutting properties, or municipal moorings or municipal mooring fields that charge an equitable user fee based only on the actual costs incurred.

Section III February 2015 8 that were in effect at that time; note that moorings in vegetated shallows required an application.

2. Activities in mooring fields must meet the terms and conditions of the original authorization.

3. Maintenance, including replacement, of previously authorized moorings is required in accordance with the terms and conditions of the original authorization and does not require a SVNF.

4. The project proponent is responsible for conducting an adequate site-specific survey to verify that SAS are not present. Vegetated shallow survey guidance is located at www.nae.usace.army.mil/missions/regulatory >> Jurisdictional Limits and Wetlands >> Submerged Aquatic Vegetation Survey Guidance.

5. Low impact mooring technology prevents any part of the tackle from dragging on the bottom during the tidal cycle.

6. GCs 1-41 apply to all GPs unless otherwise stated or a GC is not relevant to a particular GP. Particularly relevant to GP 2 are GCs 7(c) and 10.

GP 3. Pile-Supported Structures, Floats and Lifts (Section 10; navigable waters of the U.S.)

(a) New, expansions8, reconfigurations or modifications of private: i) poles, piles, or pole-supported or pile-supported structures (hereinafter referred to as “structures”) for navigational access; ii) floats; and iii) boat and float lifts (hereinafter referred to as “lifts”); and

(b) New, expansions, reconfigurations, reconfiguration zones, or modifications of structures, floats and lifts that provide public, community or government recreational uses such as boating, fishing, swimming, access, etc.; and

(c) Expansions, reconfigurations, reconfiguration zones, or modifications of previously authorized boating facilities7.

Not authorized under GP 3 or IP Required

1. Structures with decking ≤4 feet in total width or span <100 feet over salt marsh; and

2. Structures in tidal waters have ≥1:1 height/width ratio9; and

3. Structures and floats in navigable waters meet the requirements in Section IX, Part A, Subpart 1; and

4. Floats in tidal waters are ≥18 inches above the substrate at any time. Note: To be eligible for SV, skids may only be used in areas where piles are not feasible and only on sandy or hard bottom substrates; and

5. Structures, floats, their moored vessels, or lifts are located ≥25 feet from areas that have been mapped or that currently contain vegetated shallows; and

6. Floats are not located over SAS (see Note 1); and

7. Structures, floats or lifts extend ≤75 feet waterward from: a) MHW, or b) ordinary high water (OHW) in non-tidal navigable waters; and

8. Structures, floats or lifts extend ≤25% of the waterway width at mean low water (MLW) or OHW. See www.nae.usace.army.mil/missions/regulatory >> Forms and Publications >> Structure Placement in Navigable Waterways; and

9. Construction activities related to structures, floats or lifts extend ≤25% of the waterway width at OHW or MLW during the TOY restriction specified in GC 18. The purpose is to avoid impeding fish migration; and

10. Structures, floats or lifts are located ≥25 feet from property lines. The Corps may require a letter of no objection from the abutter(s) if <25 feet.

1. Structures, floats and lifts that are not eligible for self-verification; or

2. Expansions, reconfigurations, reconfiguration zones, or modifications at any authorized boating facility; or

3. New, expansions, reconfigurations, reconfiguration zones, or modifications of structures, floats or lifts that provide public, community or government recreational uses such as boating, fishing, swimming, access, etc.

1. New boating facilities7, including any change that converts a private structure, float or lift to a boating facility;or

2. Structures, floats or ancillary portions of structures or floats over tidal waters for the purpose of activities usually associated with land, including but not limited to benches, decks, sunbathing and picnicking.

8 Expansions are defined as work that increases the footprint of structures or floats or slip capacity.

9 The height of structures shall at all points be equal to or exceed the width of the deck. For the purpose of this definition, height shall be measured from the marsh substrate to the bottom of the longitudinal support.

Section III February 2015 9

1. The project proponent is responsible for conducting an adequate site-specific survey to verify that SAS are not present. Vegetated shallow survey guidance is located at www.nae.usace.army.mil/missions/regulatory >> Jurisdictional Limits and Wetlands >> Submerged Aquatic Vegetation Survey Guidance.

2. GCs 1-41 apply to all GPs unless otherwise stated or a GC is not relevant to a particular GP. Particularly relevant to GP 3 are GCs 7(c), 10 and 12. The TOY work windows/restrictions in GC 18 only apply to the work that is specified in SV 9 above.

3. The term pile-supported also refers to wheel-supported structures.

GP 4. Aids to Navigation and Temporary Recreational Structures (Section 10; navigable waters of the U.S.)

(a) Aids to navigation and regulatory markers that are approved by and installed in accordance with the requirements of the U.S. Coast Guard (USCG). (See 33 CFR 66, Chapter I, subchapter C); and

(b) Temporary buoys, markers, and similar structures placed for recreational use during specific events such as water skiing competitions and boat races or seasonal use.

Self-Verification Eligible PCN Required

Not authorized under GP 4 or IP Required

1. Aids to navigation and regulatory markers that are approved by and installed in accordance with the requirements of the USCG; and

2. Temporary buoys, markers and similar structures: a) placed for recreational use during specific events and removed within 30 days after event, b) placed during winter events on ice and removed before spring thaw, and c) authorized by the local harbormaster if in a Corps Federal Navigation Project (FNP)21.

1. Aids to navigation and regulatory markers that are not approved by and installed in accordance with the requirements of the USCG; or

2. Temporary buoys, markers and similar structures: a) placed for recreational use during specific events but not removed within 30 days after event, b) placed during winter events on ice, but not removed before spring thaw, or c) not authorized by the local harbormaster if in an Corps FNP21.

Note:

1. GCs 1-41 apply to all GPs unless otherwise stated or a GC is not relevant to a particular GP. Particularly relevant to GP 4 is GC 10.

Section III February 2015 10

GP 5. Dredging (Section 10; navigable waters of the U.S.), Disposal of Dredged Material (Sections 10, 404 &103; tidal waters of the U.S.), Beach Nourishment (Sections 10 & 404; tidal and non-tidal waters of the U.S.); Rock Removal (Section 10, navigable waters of the U.S.) and Rock Relocation (Sections 10 & 404; tidal and non-tidal waters of the U.S) New dredging and maintenance dredging, including: a) Return water from an upland contained dredged material disposal area where the quality of the return water is controlled by the State through the CWA Section 401 Water Quality Certification procedures; and b) Disposal of dredged material at a confined aquatic disposal, beach nourishment, nearshore, designated open water or ocean water disposal site, provided the Corps finds the dredged material to be suitable for such disposal and EPA concurs. Beach nourishment. Rock removal and relocation for navigation.

Self-Verification Eligible PCN Required Not authorized under GP 5 or IP Required

1. No new dredging; and

2. See Section IX, Part A, Subpart 1, for maintenance dredging requirements; and

3. No beach nourishment in waters of the U.S.; and

4. Rock removal and relocation for navigation ≤500 SF with no impacts to SAS.

1. See Section IX, Part A, Subpart 1, for new dredging requirements; or

2. See Section IX, Part A, Subpart 1, for maintenance dredging requirements; or

3. Beach nourishment in waters of the U.S. not associated with dredging does not exceed the PCN limits on Page 4; or

4. Rock removal and relocation for navigation >500 SF to ≤5000 SF; or

5. Maintenance dredging where the primary purpose sand mining for beach nourishment (the requirements in (1) and (2) above apply).

1. See Section IX, Part A, Subpart 1, for new dredging requirements; or

2. See Section IX, Part A, Subpart 1, maintenance dredging requirements; or

3. Beach scraping; or

4. Rock removal and relocation for navigation >5,000 SF; or

5. New dredging where the primary purpose is sand mining for beach nourishment.

Notes:

1. See Section VI for the definitions of new and maintenance dredging. The Corps may review a maintenance dredging activity as new dredging if sufficient time has elapsed to allow for the colonization of SAS, shellfish, etc.

2. GCs 1-41 apply to all GPs unless otherwise stated or a GC is not relevant to a particular GP. Particularly relevant for beach nourishment are GCs 8 and 17(f), and for dredging are GC 12 and the TOY work windows/restrictions in GC 18.

GP 6. Discharges of Dredged or Fill Material Incidental to the Construction of Bridges (Section 404; navigable waters of the U.S.)

Discharges of dredged or fill material incidental to the construction and modification of bridges across navigable waters of the U.S., including cofferdams, abutments, foundation seals, piers, and temporary construction and access fills provided that the USCG authorizes the construction of the bridge structure under Section 9 of the Rivers and Harbors Act of 1899 or other applicable laws. A USCG Authorization Act Exemption or a STURRA (144h) exemption do not constitute USCG authorization.

Self-Verification Eligible PCN Required Not authorized under GP 6 or IP Required

1. Discharges of dredged or fill material incidental to the construction of bridges.

1. Causeways and approach fills. These may be eligible for authorization under GP 10.

Note:

1. GCs 1-41 apply to all GPs unless otherwise stated or a GC is not relevant to a particular GP. Particularly relevant to GP 6 is GC 10, which requires a PCN for work in, over or under a Corps FNP or its buffer zone.21

Section III February 2015 11

GP 7. Bank and Shoreline Stabilization (Sections 10 &404, tidal and non-tidal waters of the U.S.)

Bank stabilization activities necessary for erosion protection along the banks of lakes, ponds, streams, estuarine and ocean waters, and any other open waters.

Also eligible are non-structural shoreline stabilization activities. Activities must meet the following criteria: a) Minimize impacts to aquatic resources, including wetland vegetation, diversion of overland flow, and impacts on and scour of neighboring properties;10 b) No material is placed in excess of the minimum needed for erosion protection; c) 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 U.S.; or d) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas).

Self-Verification Eligible PCN Required Not authorized under GP 7 or IP Required

1. The bank disturbance is:

a. ≤100 feet in length including both stream banks, and

b. ≤1 cubic yard of fill per linear foot average along the bank waterward of the plane of OHW or high tide line (HTL); and

2. The slope of the structure is more gradual than 1V:3H in lakes/ponds; and 1V:1H in non-tidal streams and tidal waters and streams; and

3. No permanent impacts to SAS occur; and

4. Non-structural shoreline stabilization activities ≤100 feet in length.

1. The bank disturbance is:

a. >100 feet to ≤500 feet in length including both stream banks, or

b. >1 cubic yard of fill per linear foot average along the bank waterward of the plane of OHW or high tide line (HTL); or

2. The slope of the structure is steeper than 1V:3H in lakes/ponds; and 1V:1H in non-tidal streams and tidal waters and streams; or

3. Permanent impacts to SAS occur; or

4. Non-structural shoreline stabilization activities >100 feet in length.

1. The activity is >500 feet in total length including both stream banks unless the Corps waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse effects; or

2. Stream channelization or relocation activities; or

3. Breakwaters, groins, and jetties.

1. See GP 1 for the replacement of existing, currently serviceable structures.

2. Bank stabilization structures must be designed to minimize environmental effects, effects to neighboring properties, etc. to the maximum extent practicable.

This means using the appropriate, least intrusive method to stabilize the bank following this sequential minimization process: avoidance, diversion of overland flow, vegetative stabilization, stone-sloped surfaces, and walls. Vertical walls/bulkheads must only be used in situations where reflected wave energy can be tolerated. This generally eliminates bodies of water where the reflected wave energy may interfere with or impact on harbors, marinas, or other developed shore areas.

3. Non-structural shoreline stabilization activities provide substrate necessary to support wetland vegetation and are associated with existing tidal marsh improvements and/or new marsh creation that may include the placement of sand fill, coir logs, coir mats, and/or native oyster shell. Non-structural shoreline stabilization does not use hard components such as stone.

10 Materials such as angular stone, subangular stone or fiber roll revetments are effective at dissipating wave energy. Vertical walls/bulkheads should only be used in situations where reflected wave energy can be tolerated. This generally eliminates waterbodies where the reflected wave energy may interfere with or impact on harbors, marinas, or other developed shore areas. A revetment is sloped and typically absorbs the direct impact of waves more effectively than a vertical seawall.

It typically has a less adverse effect on the beach in front of it, abutting properties and wildlife. For more information, see the Corps Coastal Engineering Manual, located at http://chl.erdc.usace.army.mil. Select “Products/ Services” and then “Publications.” Part 5, Chapter 7-8, a(2)c is particularly relevant.

Section III February 2015 12

GP 8. Residential, Commercial and Institutional Developments (Sections 10 &404, non-tidal waters of the U.S.); Recreational Facilities (Section 404, non-tidal waters of the U.S).

Discharges of dredged or fill material for the construction or expansion of: a) residences and residential subdivisions; b) residential, commercial and institutional building foundations and building pads; and c) recreational facilities. This GP authorizes attendant features that are necessary for the use such as parking lots, garages, and yards. Examples of commercial developments include retail stores, industrial facilities, restaurants, business parks, and shopping centers. Examples of institutional developments include schools, fire stations, government office buildings, judicial buildings, public works buildings, libraries, hospitals, and places of worship. Examples of recreational facilities include playing fields (e.g., football fields, baseball fields), basketball courts, tennis courts, golf courses, ski areas, nature centers, and campgrounds. Associated utilities are eligible for authorization under Activity 9. Associated driveways, roads, stream crossings, hiking trails, bike, cart and horse paths are eligible for authorization under Activity 10.

Self-Verification Eligible PCN Required Not authorized under GP 8 or IP Required

1. Permanent impacts:

a. Meet the SV limits on page 4; and

b. Do not occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; and

2. No work occurs in navigable waters of the U.S.;

and

3. No stream channelization, relocation or loss of streambed including impoundments.

1. Permanent impacts:

a. Meet the PCN limits on page 4, or

b. Occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; or

2. Work occurs in non-tidal navigable waters of the U.S.; or

3. Stream channelization, relocation or loss of streambed including impoundments occurs.

1. Permanent impacts require an IP as stated on page 4; or

2. Work occurs in tidal waters of the U.S.; or

3. A stormwater treatment or detention system occurs in waters of the U.S. See Note 2; or

4. A subsurface sewerage disposal system occurs in waters of the U.S. See Note 2.

Notes:

1. Impacts include the aggregate total impact area for subdivisions and associated individual lots.

2. Stormwater conveyance components and non-porous, septic effluent pipes that transmit effluent to or between components may be eligible for authorization under GP 9.

GP 9. Utility Line Activities11 (Sections 10 & 404; tidal and non-tidal waters of the U.S.)

Eligible for authorization are:

(a) The construction, maintenance, or repair of utility lines, including outfall and intake structures, and the associated excavation, backfill, or bedding for the utility lines in tidal and non-tidal waters of the U.S.; and

(b) The construction, maintenance, or expansion of utility line substation facilities associated with a power line or utility line in non-tidal waters of the U.S.; and

(c) The construction or maintenance of foundations for overhead utility line towers, poles, and anchors in tidal and non-tidal waters of the U.S. provided the foundations are the minimum size necessary and separate footings for each tower leg (rather than a larger single pad) are used where feasible.

Access roads and temporary fill are eligible for authorization under GPs 10 and 14 respectively. For (a)-(c) and any other associated activities (e.g., GPs 10 and14), if the total impact area for any single and complete projects requires a PCN, then a PCN is required for the overall project. The PCN must describe the locations of the starting point, end point, and all proposed impacts to aquatic resources in between in order to assess the cumulative effects of the overall project.

Self-Verification Eligible PCN Required Not authorized under GP 9 or IP Required

11 A utility line is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of electrical energy, telephone, data, and telegraph messages, and radio and television communication. The term utility line doesn’t include activities that drain a water of the U.S., such as drainage tile or French drains, but it does apply to pipes conveying drainage from another area.

Section III February 2015 13

1. Cumulative permanent impacts for the overall project:

a. Meet the SV limits on page 4, and

b. Do not occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; and

2. No work occurs in, over or under navigable waters of the U.S.;

and

3. Intake structures that are dry hydrants used exclusively for firefighting activities with no stream impoundments; and

4. There is no permanent change in pre-construction contours in waters of the U.S.; and

5. Material resulting from trench excavation is temporarily sidecast into waters of the U.S. for ≤3 months and is placed in such a manner that it is not dispersed by currents or other forces; and

6. The utility line is placed within and does not run a) parallel to, or

b) along a streambed; and

7. No stream channelization, relocation or loss of streambed including impoundments occurs.

1. Cumulative permanent impacts for the overall project:

a. Meet or exceed the PCN limits on page 4 provided no single and complete project exceeds the PCN limits on page 4, or

b. Occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; or

2. Work occurs in, over or under navigable waters of the U.S.; or

3. Intake structures other than dry hydrants used exclusively for firefighting activities with no stream impoundments; or

4. There is a permanent change in pre-construction contours in waters of the U.S.; or

5. Material resulting from trench excavation is temporarily sidecast into waters of the U.S. for >3 months or is placed in such a manner that it is dispersed by currents or other forces; or

6. The utility line is placed within and runs parallel to or along a streambed; or

7. Stream channelization, relocation or loss of streambed including impoundments occurs.

The overall project will require an IP if any single and complete project requires an IP as stated on page 4.

1. Where the proposed utility line is temporarily or permanently constructed or installed in tidal or non-tidal navigable waters of the U.S. (i.e., Section 10 waters), the Corps will send the application and any written verification to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service for charting the utility line to protect navigation. Permittees should refer to the special conditions in the Corps written verification for requirements.

2. For overhead utility lines authorized by this GP, the Corps will send the application and any written verification to the Department of Defense Siting Clearinghouse12, which will evaluate potential effects on military activities.

3. GCs 1-41 apply to all GPs unless otherwise stated or a GC is not relevant to a particular GP. Particularly relevant to GP 9 are GCs 13 and 17(f).

4. Impacts resulting from mechanized pushing, dragging, or other similar activities that redeposit excavated soil material shall be figured into the area limit determination on page 4.

GP 10. Linear Transportation Projects Including Stream Crossings (Sections 10 & 404; tidal and non-tidal waters of the U.S.)

Activities required for the construction, expansion, modification, or improvement of linear transportation projects (e.g., driveways, roads, highways, railways, trails, airport runways, and taxiways) and attendant features. Any stream channel modification is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. For the construction of access roads for the construction and maintenance of utility lines, including overhead power lines and utility line substations, the minimization requirement in GC 4 is particularly relevant and access roads shall be constructed as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in waters of the U.S. must be properly bridged or culverted to maintain surface flows. For GP 10 and any other associated activities (e.g., GP 14), if the total impact area for any single and complete project requires a PCN, then a PCN is required for the overall project. The PCN must describe the starting and end point locations, and all proposed impacts to aquatic resources in between in order to assess the cumulative effects of the overall project.

Self-Verification Eligible PCN Required

GP 10 or IP Required

12 Via hard copy: Department of Defense Clearinghouse, Attn: Mr. Marshal Williams and Mr. David Blalock, 101 Marietta St, NW, Suite 3120, Atlanta, GA 30303; or via e-mail: frederick.m.williams28.civ@mail.mil and david.c.blalock2.civ@mail.mil.

Section III February 2015 14

1. Cumulative permanent impacts for the overall project:

a. Meet the SV limits on page 4, and

b. Do not occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; and

2. No stream channelization, relocation or loss of streambed including impoundments occurs; and

3. No work occurs in navigable waters of the U.S; and

4. Permanent stream crossings (new crossings, replacement crossings and expansions of existing crossings (e.g., culvert extensions)) in non-tidal streams that comply with the “Permanent Crossings in Non-Tidal Streams” section of the Stream Crossing BMP document13 (GC 17(f) is particularly relevant); and

5. Temporary stream crossings in non-tidal streams that comply with the “Temporary Crossings in Non-Tidal Streams” section of the Stream Crossing BMPs document13 (GCs 15 and 17 are particularly relevant); and

6. Existing crossings (e.g., culverts, elliptical or arch pipes, etc.) are not modified by a) decreasing the diameter of the crossing or b) changing the friction coefficient, such as through sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining; and

7. Bank stabilization along the banks of streams conducted by Federal or State transportation agencies necessary to protect the transportation infrastructure is done in accordance with GP 7 and is ≤100 feet in length on each side of the stream bank.

1. Cumulative permanent impacts for the overall project:

a. Meet or exceed the PCN limits on page 4 provided no single and complete project exceeds the PCN limits on page 4, or

b. Occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; or

2. Stream channelization, relocation or loss of streambed including impoundments occurs; or

3. Work occurs in navigable waters of the U.S. PCN review guidelines for permanent crossings in tidal streams are provided in the “Permanent Crossings in Tidal Streams” section of the Stream Crossing BMP document13; or

4. Permanent stream crossings (new crossings, replacement crossings and expansions of existing crossings (e.g., culvert extensions)) in non-tidal streams that do not comply with the “Permanent Crossings in Non-Tidal Streams” section of the Stream Crossing BMP document13 (GC 17(f) is particularly relevant); or

5. Temporary stream crossings in non-tidal streams that do not comply with the “Temporary Crossings in Non-Tidal Streams” section of the Stream Crossing BMP document14 (GCs 15 and 17 are particularly relevant); or

6. Existing crossings (e.g., culverts, elliptical or arch pipes, etc.) are modified by a) decreasing the diameter of the crossing or b) changing the friction coefficient, such as through sliplining (retrofitting an existing culvert by inserting a smaller diameter pipe), culvert relining or invert lining; or

7. Bank stabilization along the banks of streams conducted by Federal or State transportation agencies necessary to protect the transportation infrastructure is done in accordance with GP 7 and is >100 feet in total length on each side of the stream bank but <500 feet including both stream banks.

1. The overall project will require an IP if any single and complete project requires an IP as stated on page 4; or

2. Non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars; or

3. New tide gates.

Notes:

1. Discharges of dredged or fill material incidental to the construction of bridges across navigable waters may be authorized under GP 6.

2. GP 10 cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. These may eligible for authorization under GP 8.

3. GCs 1-41 apply to all GPs unless otherwise stated or a GC is not relevant to a particular GP. Particularly relevant for stream crossings are: a) GC 1. The State may have stream crossing requirements that are different than the Corps requirements. For reference, they are located at:

www.nae.usace.army.mil/missions/regulatory >> Stream and River Continuity; and b) GCs 17 - GC 19.

4. Loss of streambed is not considered to occur when: a) stream crossings are constructed in accordance with the Stream Crossing BMPs for permanent crossings; or

b) bridge piers or similar supports are used.

13 www.nae.usace.army.mil/missions/regulatory >> State General Permits >> Permit Resources.

Section III February 2015 15

GP 11. Mining Activities (Sections 10 and 404; non-tidal waters of the U.S.)

Discharges of dredged or fill material into non-tidal waters of the U.S. for mining activities, except for coal mining and metallic mineral mining activities. If reclamation is required by other statutes, then a copy of the reclamation plan must be submitted with any PCN.

Not authorized under GP 11 or IP Required

1. Permanent impacts:

a. Meet the SV limits on page 4, and

b. Do not occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; and

2. No work occurs in navigable waters of the U.S.; and

3. No stream channelization, relocation or loss of streambed including impoundments, or discharge of tailings into streams occurs.

1. Permanent impacts:

a. Meet the PCN limits on page 4, or

b. Occur in non-tidal SAS, except permanent impacts to non-tidal wetlands may be eligible for SV; or

2. Work occurs in non-tidal navigable waters of the U.S.; or

3. Stream channelization, relocation or loss of streambed including impoundments, or discharge of tailings into streams occurs.

1. Permanent impacts…