Environmental Summary Sheet
Pin: 19150.00 Date Submitted: 4/18/13 Town: Augusta-China CPD Team Leader: Laurie Rowe ENV Field Contact: Val Derosier NEPA Complete: Programmatic CE issued – 4/1/2013
Section 106 PA Section 106 Resources:
Section 4(f) and 6(f) Section 4(f)
Review Complete Section 6(f) Not Applicable
Maine Department of Inland Fisheries and Wildlife Essential Habitat
Not Applicable Timing Window: Not Applicable
Section 7 No Effect
Species of Concern: Atlantic Salmon-Critical Habitat Atlantic Salmon DPS Comments/References: *See ACOE Permit and SP 105 for special conditions
__________________________________________________________________________________________________ Maine Department of Conservation/Public Lands, Submerged Land Lease
Not Applicable Maine Land Use Regulation Commission
*Applicable Standards and Permits are included with the contract
Maine Department of Environmental Protection Exempt from Permitting *Applicable Standards and Permits are included with the contract
Army Corps of Engineers, Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Category 2 *See ACOE permit and SP 105 for all special conditions *Applicable Standards and Permits are included with the contract
Stormwater Review N/A
Special Provisions Required Special Provision 105-Timing of Work Restriction N/A Applicable Special Provision 656-Erosion Control Plan N/A Applicable Special Provision 203-Dredge Spec N/A Applicable General Note for Hazardous Waste N/A Applicable
Special Provision 203-Hazardous Waste N/A Applicable Special Provision 105.9 N/A Applicable *All permits and approvals based on plans/scope as of: 4/1/2013
REPLY TO ATTENTION OF
DEPARTMENT OF THE ARMY NEW ENGLAND DISTRICT, CORPS OF ENGINEERS
696 VIRGINIA ROAD CONCORD, MASSACHUSETTS 01742-2751
MAINE GENERAL PERMIT (GP) AUTHORIZATION LETTER AND SCREENING SUMMARY
OFFICE OF ENVIRONMENTAL SERVICES MAINE DEPT. OF TRANSPORTATION CORPS PERMIT# NAE-2013-00489
CORPS PGP ID# 13-062 16 STATE HOUSE STATION AUGUST A, MAINE 04333 STATEID# __________________ P_B_R ________________________________ __
DESCR!PT!O~! OF 'NORK: Place temporary and permanent fill below the ordinary hi~h water line of three unnamed streams and in their adjacent freshwater wetlands between Au~usta and China. Maine in order to replace two culverts and rehabilitate a third. This work is part of a payement rehabilitation project along a 9.65 mile section of Route 3. This work will result in llllproximately 390 s.f. of permanent wetland impact: 500 s.f. of permanent stream
Proiect Descdntion Continued on PaJ!e 2
LAT/LONG COORDINATES .:...: _____ 4_4_·
3_2_9_41
_8_9_
0
__________ N -69.7328489° w USGS QUAD:: AUGUSTA, ME
I. CORPS DETERMINATION: Based on our review of the information you provided, we have determined that your project will have only minimal individual and cumulative impacts on waters and wetlands of the United States. Your work is therefore authorized by the U.S. Army Corps of Engineers under the enclosed Federal Permit. the Maine General Permit CGP). Accordingly, we do not plan to take any further action on this project.
You must perform the activity authorized herein in· compliance with all the terms and conditions of the GP [including any attached Additional Conditions and any conditions placed on the State 401 Water Quality Certification including any required mitigation]. Please review the enclosed GP carefully, including the GP conditions beginning on page 5, to familiarize yourself with its contents. You are responsible for complying with all of the GP requirements; therefore you should be certain that whoever does the work fully understands all of the conditions. You may wish to discuss the conditions of this authorization with your contractor to ensure the contractor can accomplish the work in a manner that conforms to all requirements.
If you change the plans or construction methods for work within our jurisdiction, please contact us immediately to discuss modification of this authorization. This office must approve any changes before you undertake them.
Condition 41 of the GP (page 18) provides one year for completion of work that has commenced or is under contract to commence prior to the expiration of the GP on October 12. 2015. You will need to apply for reauthorization for any work within Corps jurisdiction that is not completed by October 12, 2016.
This authorization presumes the work shown on your plans noted above is in waters of the U.S. Should you desire to appeal our jurisdiction, please submit a request for an approved jurisdictional determination in writing to the undersigned.
No work may be started unless and until all other required local, State and Federal licenses and permits have been obtained. This includes but is not limited to a Flood Hazard Development Permit issued by the town if necessary.
II. STATE ACTIONS: PENDING [ X ], ISSUED[ ], DENIED [ ] DATE ____________________ _
APPLICATION TYPE: PBR~ TIER 1;_~ TIER 2 _: -----~ TIER 3;____,_ LURC: DMR LEASE: NA:
Ill. FEDERAL ACTIONS:
JOINT PROCESSING MEETING: 3/14/13 -------- LEVEL OF REVIEW: CATEGORY 1 :________ CATEGORY 2~_X __
AUTHORITY (Based on a review of plans and/or State/Federal applications): SEC 1 0 ____ , 404 _ _x_ 1 0/404 ____ , 1 03 ___ _
EXCLUSIONS: The exclusionary criteria identified in the general permit do not apply to this project.
FEDERAL RESOURCE AGENCY OBJECTIONS: EPA__lliL_, USF&WS__lliL_, NMFS__lliL_
If you have any questions on this matter, please contact my staff at 207-623-8367 at our Manchester, Maine Project Office. In order for us to better serve you, we would preciate your completing our Customer Service Survey located at http://per2.nwp.usace.army.mil/survey.html
f!RANK J. DEL GIUDICE DATE CHIEF, PERMITS & ENFORCEMENT BRANCH REGULATORY DIVISION
fr.ii'f.il ~ US Army Corps of Engineers® New England District
Project Description Continued from Page 1
bed impact; and 1,000 s.f. of temporary stream bed impact. This work is shown on the attached plans entitled "MOOT WIN 19150.00, Augusta-China, Route 3" in 16 sheets undated.
Corps of Engineers Permit No. NAE-2013-00489 Permit Conditions Resulting From
Informal Endangered Species Act Consultation Between US Fish & Wildlife Service ("USFWS") and the Federal Highway Administration ("FHWA")
(Reference USFWS Biological Opinion ("BO") dated "March 28, 2013" and the DOT/FHWA Biological Assessment ("BA") dated "February 25, 2013")
1. The permittee and contractor shall comply with all terms and conditions of this permit and with the permittee's construction plan. Modifications to the approved plan may require re- initiation of Endangered Species Consultation between the Corps and Service and therefore, should not be implemented without first contacting the Corps.
2. All projects authorized by this permit shall be designed in accordance with Maine DOT's 2008 Waterway and Wildlife Crossing Policy and Design Guide 1•
3. A fish evacuation plan must be implemented by appropriate Maine DOT staff during construction and dewatering of all cofferdams. to carefully remove fish from the work area.
4. All instream work (which includes the installation and removal of cofferdams, as well as other activities) shall be conducted according to the work windows specified in the BA.
5. Any cofferdam constructed as part of the authorized projects shall adhere to the specifications contained in Section 2.0 (Cofferdam Descriptions) of the BA.
6. All culvert installations authorized by this permit must adhere to the specifications contained in Section 2.1 (Culvert . Replacement Projects) of the BA.
7. Maine DOT and their contractors s h a II minimize the potential for impacts to Atlantic salmon habitat by conducting all construction activities for each project in accordance with the Maine DOT approved Soil Erosion and Water Pollution Control Plan.
8. Maine DOT shall use a screen on each pump intake sufficiently large enough that the approach velocity does not exceed 0.20 ftls. Designing the screen for these approach velocities will minimize screen contact and/or impingement of juvenile fish. Square or round screen face openings not to exceed 2.38 mm (3/32 inch) on a diagonal. Criteria for slotted face opening must not exceed 1.75mm (approximately 1/16111 inch) in the narrow direction. Intake hoses shall be regularly monitored while pumping.
9. Maine DOT or their contractor will follow measures designed to avoid effects to rivers and streams from hazardous materials associated with construction activities, including:
a. All vehicles refueling shall occur more than 100 feet from any water course.
b. All vehicles carrying fuel shall have specific equipment and materials needed to contain or clean up any incidental spills at the project site. Equipment and materials would include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms.
c. During use, all pumps and generators shall have appropriate spill containment structures and/or absorbent pads in place.
1 Maine Department of Transportation (MaineDOT). 2008. Waterway and wildlife crossing policy and design guide for aquatic
organism, wildlife habitat, and hydrologic connectivity. 3rd edition. Maine Department of Transportation, Augusta, ME.
d. All equipment used for instream work shall be cleaned of external oil, grease, dirt, and mud. Any leaks or accumulations of grease would be corrected before entering streams or areas that drain directly to streams or wetlands.
10. Noxious Weeds: All off-road equipment and vehicles (operating off of existing open and maintained roads) must be cleaned prior to entering the construction site(s) to remove all soil, seeds, vegetation, or other debris that could contain seeds or reproductive portions of plants. Equipment operators may employ whatever cleaning methods are necessary to ensure that offroad equipment is free of the above material prior to entering the easement portion of the access road. The equipment will be inspected prior to off-loading.
11. All cofferdams shall be removed from the stream immediately following completion of construction, allowing for minor delays due to high stream flows following heavy precipitation, so that fish and other aquatic life passage is not unnecessarily restricted. If a project is not completed but there will be substantial delays in construction, cofferdams will need to be at least partially removed to allow unobstructed fish passage until construction resumes.
12. If any listed Atlantic salmon is encountered in the project areas of this permit, including dewatering of coffer dams, all work must cease and USFWS (Maine Field Office; 207-866-3344) and the Corps (Maine Project Office; 207-623-8367) shall be contacted immediately. Work may not resume until the Corps and the USFWS conclude supplemental endangered species consultation as necessary.
13. All areas of temporary waterway or wetland fill will be restored to their original contour and character upon completion of the projects.
14. Disturbed areas adjacent to streams will be stabilized andre-vegetated with a seed mix and tree/shrub plantings appropriate for riparian areas in Maine. Only native species that reflect the existing natural riparian community in the general area may be used. The permittee shall take all available and practicable steps to ensure that tree/shrub plantings remain viable and are protected from future disturbance.
15. A post-project report, confirming completion of construction and the successful application of all terms and conditions of this permit, shall be submitted within four (4) weeks of project completion. The report shall include, but not be limited to, a narrative and photos documenting project elements outlined in the construction plan and referenced in these conditions e.g. installation of erosion control measures, installation of the work platform, and debris removal. This report may accompany the Compliance Certification Form referenced in Condition 16.
16. This authorization requires you to 1) notify us before beginning work so we may inspect the project, and 2) submit a Compliance Certification Form. You must complete and return the enclosed Work Start Notification Form{s) to this office at least two weeks before the anticipated starting date. You must complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work and any required mitigation {but not mitigation monitoring, which requires separate submittals}.
18. The permittee shall assure that a copy of this permit is at the work site whenever work is being performed and that all personnel performing work at the site of the work authorized by this permit are fully aware of the terms and conditions of the permit. This permit, including its drawings and any appendices and other attachments, shall be made a part of any and all contracts and sub-contracts for work which affects areas of Corps of Engineers' jurisdiction at the 'site of the work authorized by this permit. This shall be done by including the entire permit in the specifications for the work. If the permit is issued after construction specifications but before receipt of bids or quotes, the entire permit shall be included as an addendum to the specifications. The term "entire permit" includes permit amendments. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub- contractors shall be obligated by contract to comply with all environmental protection provisions of the entire permit, and no contract or sub-contract shall require or allow unauthorized work in areas of Corps of Engineers jurisdiction.
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PGP WORK-START NOTIFICATION FORM
(Minimum Notice: Two weeks before work begins)
*************************************************************************** * MAIL TO: U.S. Army Corps of Engineers, New England District * * Policy Analysis/Technical Support Branch * * Regulatory Division * * 696 Virginia Road * * Concord, Massachusetts 01742-2751 * *************************************************************************** Corps of Engineers Permit No. [2013-00489] was issued to [MaineDOT]. This work is located in unnamed streams in China-Augusta Maine. The permit authorized the permittee to replace and rehabilitate culverts. The people (e.g., contractor) listed below will do the work, and they understand the permit's conditions and limitations. PLEASE PRINT OR TYPE Name of Person/Firm:
Business Address:
Telephone Numbers: ( ) ( )
Proposed Work Dates: Start: Finish:
Permittee’s Signature: Date:
Printed Name: Title:
******************************************************************************
FOR USE BY THE CORPS OF ENGINEERS PM: Submittals Required: Inspection Recommendation:
(Minimum Notice: Permittee must sign and return notification
within one month of the completion of work.)
COMPLIANCE CERTIFICATION FORM
USACE Project Number: 2013-00489 Name of Permittee: MaineDOT Permit Issuance Date: 3/9/2013 Please sign this certification and return it to the following address upon completion of the activity and any mitigation required by the permit. You must submit this after the mitigation is complete, but not the mitigation monitoring, which requires separate submittals. ************************************************************************* * MAIL TO: U.S. Army Corps of Engineers, New England District * * Policy Analysis/Technical Support Branch, ATTN: Marie Farese * * Regulatory Division * * 696 Virginia Road * * Concord, Massachusetts 01742-2751 * ************************************************************************* Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the above referenced permit, and any required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date
Printed Name Date of Work Completion
Telephone Number ( )
Applicant: General Public, State of Maine Effective Date: October 12, 2010 Expiration Date: October 12, 2015
DEPARTMENT OF THE ARMY GENERAL PERMIT STATE OF MAINE
The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues this General Permit (GP) for activities in waters of the United States (U.S.) that have no more than minimal individual, secondary, and cumulative adverse effects on the aquatic environment in waters of the U.S. within the boundaries of and off the coast of the State of Maine. I. GENERAL CRITERIA In order for activities to qualify for this GP, they must meet the GP’s terms and eligibility criteria (Pages 1 – 4), general conditions (GC) (Pages 5 – 18), and Appendix A - Definition of Categories. Under this GP, projects may qualify for the following: Category 1: Category 1 Notification Form required.
(Submittal of the Category 1 Notification Form at Appendix B to the Corps is required. Category 2: Application required.
(Submittal of an application to the Corps is required and written approval from the Corps must be received.
If your project is ineligible for Category 1, it may qualify for Category 2 or an Individual Permit and you must submit an application (see Page 3). The thresholds for Categories 1 and 2 are defined in Appendix A. This GP does not affect the Corps Individual Permit review process or activities exempt from Corps regulation. II. ACTIVITIES COVERED: Work and structures that are located in, under or over any navigable water of the U.S.1 that affect the
course, location, condition, or capacity of such waters; or the excavating from or depositing of material in such waters. The Corps regulates this under Section 10 of the Rivers and Harbors Act of 1899);
The discharge of dredged or fill material into waters of the U.S2. The Corps regulates this under Section 404 of the Clean Water Act (CWA).3
The transportation of dredged material for the purpose of disposal in the ocean. The Corps regulates this under Section 103 of the Marine Protection, Research and Sanctuaries Act.
1 Defined at 33 CFR 329 and Appendix A, Page 4. 2 Defined at 33 CFR 328 3 When there is a regulated discharge of dredged or fill material into waters of the U.S., the Corps will also consider secondary impacts, which are defined at Appendix A, Endnote/Definition 2.
Maine GP 2 October 2010
III. PROCEDURES:
1. State Approvals
Applicants are responsible for applying for and obtaining any of the required state or local approvals (see GC 1, Page 5). Federal and state jurisdictions may differ in some instances. State permits may be required for specific projects regardless of the general permit category. In order for authorizations under this GP to be valid, when any of the following state approvals or statutorily-required reviews is also required, the approvals must be obtained prior to the commencement of work in Corps jurisdiction. Maine Department of Environmental Protection (DEP): Natural Resources Protection Act
(NRPA) permit, including permit-by-rule and general permit authorizations; Site Location of Development Act permit; and Maine Waterway Development and Conservation Act permit.
Maine Department of Conservation: Land Use Regulation Commission (LURC) permit. Maine Department of Marine Resources: Aquaculture Leases. Maine Department of Conservation, Bureau of Parks and Lands, Submerged Lands: Lease
NOTE: This GP may authorize projects that are not regulated by the State of Maine (e.g., seasonal floats or moorings). 2. Corps Authorizations
a. Category 1 (Submission of Category 1 Notification Form required) Eligibility Criteria Activities in Maine that:
Are subject to Corps jurisdiction (see GC 2, Page 5), Meet the terms and eligibility criteria of this GP (Pages 1 - 4), Meet all GCs of this GP (Pages 5 – 18), and Meet the definition of Category 1 in Appendix A - Definition of Categories,
may proceed without application to the Corps provided: The Category 1 Notification Form (Appendix B) is submitted to the Corps before starting the
work authorized by this GP. Consultation with the Corps and/or outside experts may be necessary to ensure compliance with this GP’s general conditions (starting on Page 5) and related federal laws such as the National Historic Preservation Act, the Endangered Species Act (ESA), and the Wild and Scenic Rivers Act. For example, experts on historic resources may include the agencies and tribes referenced in GC 8, while experts on endangered species include the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). Project proponents are encouraged to contact the Corps with Category 1 eligibility questions. Work that is not regulated by the State of Maine, but is subject to Corps jurisdiction, is eligible for Category 1 authorization under this GP. The Maine DEP and LURC have waived WQC for projects authorized under Categories 1 and 2 of this GP. The state has concurred with the determination that projects authorized under Categories 1 and 2 of this GP are consistent with the enforceable policies of the Maine CZM Program.
Maine GP 3 October 2010
b. Category 2 (Application to and written approval from the Corps required) Eligibility Criteria Activities in Maine that:
Are subject to Corps jurisdiction (see GC 2, Page 5), Meet the terms of this GP (Pages 1 - 4), Meet all GCs of this GP (Pages 5 - 18), Meet the definition of Category 2 in Appendix A - Definition of Categories,
require an application to and written approval from the Corps. The Corps will coordinate review of Category 2 activities with federal and state agencies, as appropriate. To be eligible and subsequently authorized, an activity must result in no more than minimal impacts to the aquatic environment as determined by the Corps based on comments from the review team and the criteria listed above. This may require project modifications involving avoidance, minimization or compensatory mitigation for unavoidable impacts to ensure the net effects of a project are minimal. Compensatory mitigation for waterway/wetland impacts may take the form of wetland preservation, restoration, enhancement, creation, and/or “in-lieu fee” for inclusion into the Natural Resources Mitigation Fund. See www.nae.usace.army.mil/reg, “Mitigation” and then “Maine” for more information. Work that is not regulated by the State of Maine, but is subject to Corps jurisdiction, is eligible for Category 2 authorization under this GP. The Maine DEP and LURC have waived WQC for projects authorized under Categories 1 and 2 of this GP. The state has concurred with the determination that projects authorized under Categories 1 and 2 of this GP are consistent with the enforceable policies of the Maine CZM Program.
3. Applying for a Permit All applicants for Category 2 projects must:
a. Apply directly to the Corps using the state application form or the Corps application form (ENG Form 43451), and apply directly to the state (DEP, LURC, BPL or DMR) as applicable using the appropriate state form, if the work is regulated by the Corps and the state.
b. Apply directly to the Corps using the Corps application form (ENG Form 43451) if the work is regulated by the Corps but not the state (DEP, LURC, BPL or DMR).
c. Provide application information (see “Information Typically Required” in Appendix C) to help ensure the application is complete and to speed project review.
d. Submit a copy of their application materials to the Maine Historic Preservation Commission (MHPC) and the five Indian tribes listed at Appendix D, at the same time, or before, they apply to the state (DEP or LURC) or the Corps, to be reviewed for the presence of historic, archaeological or tribal resources in the permit area that the proposed work may affect. Submittals to the DEP or Corps shall include information to indicate that this has been done (a copy of the applicant’s cover letter to MHPC and tribes or a copy of the MHPC and tribal response letters is acceptable).
1 Located at www.nae.usace.army.mil/reg under “Forms.”
Maine GP 4 October 2010
4. Review Procedures
The Corps will coordinate review of all Category 2 activities with federal and state agencies, as appropriate, to ensure that the work will result in no more than a minimal impact to the aquatic environment. Applicants are responsible for applying for the appropriate state and local approvals listed on Page 2. Emergency Procedures: 33 CFR 325.2(e)4 states that an “emergency” is a situation which would 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 the application under standard procedures.” The Corps will work with all applicable agencies to expedite authorization according to established procedures in emergency situations. Individual Permit Procedures: Proponents of work that does not meet the terms and general conditions of this GP must submit the Corps application form and the appropriate application materials to the Corps at the earliest possible date in order to expedite the Individual Permit review process. General information and application forms can be obtained at our website or by calling us (see Appendix D). Individual WQC and CZM consistency concurrence are required when applicable from the State of Maine before Corps permit issuance. The Corps encourages applicants to concurrently apply for a Corps Individual Permit and state permits. 5. Approval Process
Applicants for Category 2 activities may not proceed with work in Corps jurisdiction until written authorization is received from the Corps. If the Corps determines that the Category 2 activity is eligible for the GP, the Corps will send an authorization letter directly to the applicant. The Corps will attempt to issue a written eligibility determination within the state’s review period. If the Corps determines that the activity is not eligible under the GP or that additional information is required, the Corps will notify the applicant in writing and send a copy to the DEP or LURC. Applicants are responsible for obtaining all applicable approvals listed on Page 2 from the appropriate state and local agencies before commencing work in Corps jurisdiction.
Maine GP 5 October 2010
V. GENERAL PERMIT CONDITIONS:
The following conditions apply to activities authorized under this Maine GP, unless otherwise specified, including all Category 1 (notification required) and Category 2 (application required) activities: 1. Other Permits. Authorization under this GP does not obviate the need to obtain other federal, state, or local authorizations required by law. This includes, but is not limited to, the project proponent obtaining a Flood Hazard Development Permit issued by the town, if necessary. Inquiries may be directed to the municipality or to the Maine Floodplain Management Coordinator at (207) 287-8063. See www.maine.gov/spo/flood. 2. Federal Jurisdictional Boundaries. (a) Applicability of this GP shall be evaluated with reference to federal jurisdictional boundaries. Applicants are responsible for ensuring that the boundaries used satisfy the federal criteria defined at 33 CFR 328 “Waters of the U.S.” and 33 CFR 329 “Navigable Waters of the U.S.” Note: Waters of the U.S. include the subcategories “navigable waters of the U.S.” and “wetlands.” (b) For Category 1 projects, proponents are not required to delineate the waters of the U.S. that they plan to impact, but must approximate the square footage of impacts in order to determine the review category (1 or 2 or Individual Permit). For projects filling <15,000 SF of waters of the U.S. that do not qualify for Category 1 (e.g., vernal pool, secondary or endangered species impacts, etc.) and therefore require an application to the Corps, and for those filling ≥15,000 SF, applicants shall delineate all waters of the U.S. that will be filled (direct impacts) in accordance with the Corps of Engineers Wetlands Delineation Manual and the most recent regional supplements (see Appendix E). In addition, applicants shall approximately identify all waters of the U.S. on the property and known waters adjacent to the property in order for the Corps to evaluate secondary impacts. The waters of the U.S. shall be clearly shown on the project plans submitted with the application. This includes all waters of the U.S. in areas under DEP or LURC jurisdiction regardless of whether they’re shown on LURC zoning maps. (c) On a case-by-case basis, the Corps may modify/refine the above delineation and identification requirements for waters of the U.S. 3. Minimal Direct, Secondary and Cumulative Impacts. (a) Projects authorized by this GP shall have no more than minimal direct, secondary and cumulative adverse environmental impacts. Category 2 applicants should provide information on secondary and cumulative impacts as stated in Appendix C. Compensatory mitigation may be required to offset unavoidable impacts (see GC 16) and to ensure that they are no more than minimal. Compensatory mitigation requirements will be determined on a case-by-case basis. (b) Secondary impacts to waterway and/or wetland areas, (e.g., areas drained, flooded, cleared, excavated or fragmented) shall be added to the total fill area when determining whether the project qualifies for Category 1 or 2. Direct, secondary and cumulative impacts are defined at Appendix A, Endnote 2. (c) Site clearing, grading and construction activities in the upland habitat surrounding vernal pools (“Vernal Pool Management Areas”) are secondary impacts. See GC 28 for avoidance and minimization requirements and recommendations. 4. Discretionary Authority. Notwithstanding compliance with the terms and conditions of this permit, the Corps retains discretionary authority to require Category 2 or Individual Permit review based on concerns for the aquatic environment or for any other factor of the public interest [33 CFR
Maine GP 6 October 2010
320.4(a)]. This authority is invoked on a case-by-case basis whenever the Corps determines that the potential consequences of the proposal warrant a higher level of review based on the concerns stated above. This authority may be invoked for projects that may contribute to cumulative environmental impacts that are more than minimal or if there is a special resource or concern associated with a particular project that is not already covered by the remaining conditions of the GP and that warrants greater review. Whenever the Corps notifies an applicant that an Individual Permit may be required, the project is not authorized under this GP and no work may be conducted until an Individual Permit is obtained or until the Corps notifies the applicant that further review has demonstrated that the work may proceed under this GP. 5. Single and Complete Projects. (a) This GP shall not be used to piecemeal work and shall be applied to single and complete projects1. When determining the review category in Appendix A (Category 1 or 2) for a single and complete project, proponents must include any permanent historic fill placed since October 1995 that is associated with that project and all currently proposed temporary and permanent impact areas. (b) A single and complete project must have independent utility1. (c) Unless the Corps determines the activity has independent utility1:
i. This GP shall not be used for any activity that is part of an overall project for which an Individual Permit is required,
ii. All components of a single project and/or all planned phases of a multi-phased project (e.g., subdivisions should include all work such as roads, utilities, and lot development) shall be treated together as constituting one single and complete project1. (d) For linear projects, such as power lines or pipelines with multiple crossings, the single and complete project1 is all crossings of a single water of the U.S. (i.e., single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly-shaped wetland or lake, etc., are not separate waterbodies and crossings of such features cannot be considered separately. If any crossing requires a Category 2 activity, then the entire linear project shall be reviewed as one project under Category 2. 6. Permit On-Site. For Category 2 projects, the permittee shall ensure that a copy of this GP and the accompanying authorization letter are at the work site (and the project office) authorized by this GP whenever work is being performed, and that all personnel with operation control of the site ensure that all appropriate personnel performing work are fully aware of its terms and conditions. The entire permit authorization shall be made a part of any and all contracts and sub-contracts for work that affects areas of Corps jurisdiction at the site of the work authorized by this GP. This shall be achieved by including the entire permit authorization in the specifications for work. The term “entire permit authorization” means this GP and the authorization letter (including its drawings, plans, appendices and other attachments) and also includes permit modifications. If the authorization letter is issued after the construction specifications, but before receipt of bids or quotes, the entire permit authorization shall be included as an addendum to the specifications. If the authorization letter is issued after receipt of bids or quotes, the entire permit authorization shall be included in the contract or sub-contract. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub-contractors shall be obligated by contract to comply with all environmental protection provisions contained within the entire GP authorization, and no contract or sub-contract shall require or allow unauthorized work in areas of Corps jurisdiction. 1 Single and Complete Project and Independent Utility are defined at Appendix E.
Maine GP 7 October 2010
7. St. John/St. Croix Rivers. Work within the Saint John and Saint Croix River basins that requires approval of the International Joint Commission is not eligible for Category 1 and an application to the Corps is required if any temporary or permanent use, obstruction or diversion of international boundary waters could affect the natural flow or levels of waters on the Canadian side of the line; or if any construction or maintenance of remedial works, protective works, dams, or other obstructions in waters downstream from boundary waters could raise the natural level of water on the Canadian side of the boundary. 8. Historic Properties. No activity otherwise authorized by this GP shall result in effects (as that term is defined at 36 C.F.R. § 800.16(i)) on properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties, unless and until the Corps or another federal agency has satisfied the consultation requirements of Section 106 of the National Historic Preservation Act. Work is not eligible for Category 1 and an application to the Corps is required if the activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. Work is eligible for Category 1 if a no effect or no adverse effect determination has been made for that work by another federal action agency in its Section 106 consultation with the Maine Historic Preservation Commission (MHCP) and the five federally recognized Indian tribes listed at Appendix D. Information on the location and existence of known historic resources can be obtained from the MHPC, the National Register of Historic Places, and the five tribes listed in Appendix D. Historic properties include those that are eligible for inclusion, but not necessarily listed on the National Register. If the permittee, either prior to construction or during construction of the work authorized herein, encounters a previously unidentified archaeological or other cultural resource within the area subject to Corps jurisdiction that might be eligible for listing in the National Register of Historic Places, he/she shall stop work and immediately notify the Corps and the MHPC and/or applicable tribe(s). 9. National Lands. None of the following work is eligible as a Category 1 project: (a) Activities that impinge upon the value of any National Wildlife Refuge, National Forest, National Marine Sanctuary, National Park or any other area administered by the National Park Service, U.S. Fish and Wildlife Service (USFWS) or U.S. Forest Service. (b) Work on Corps properties and Corps-controlled easements. Contact the Corps, Real Estate Division (978) 318-8585 to initiate reviews about both Corps holdings and permit requirements. (c) Any proposed temporary or permanent modification or use of a federal project (including but not limited to a levee, dike, floodwall, channel, sea wall, bulkhead, jetty, wharf, pier, or other work built but not necessarily owned by the United States), which would obstruct or impair the usefulness of the federal project in any manner, and/or would involve changes to the authorized federal project’s scope, purpose, and/or functioning that go beyond minor modifications required for normal operation and maintenance (requires review and approval by the Corps pursuant to 33 USC 408). Federal projects in Maine as of October 2010 are shown at Appendix F. This map may not be inclusive of all projects. 10. Endangered Species. (a) No activity may be authorized under Category 1 of this GP which:
i. “May affect” a threatened or endangered species, a species proposed for listing as threatened or endangered, or designated or proposed critical habitat (all herein referred to as “listed species or habitat”) as identified under the federal Endangered Species Act (ESA) (unless specified in a programmatic agreement with NMFS or USFWS),
Maine GP 8 October 2010
ii. Results in a “take” of any federally-listed threatened or endangered species of fish or wildlife, or iii. Results in any other violation of Section 9 of the ESA protecting threatened or endangered
species of plants. (b) Work in Inland Waters and Wetlands1 and the non-tidal portions of Navigable Waters2 (e.g., the Penobscot River, Kennebec River) is not eligible for Category 1 if: i. The project action area occurs within a watershed occupied by listed Atlantic salmon or shortnose sturgeon. Project proponents must check the site in Footnote 3 below. ii. In areas outside these watersheds contact the USFWS (see Appendix D, Page 1 for contact information) to check for the presence of other listed species. (c) Work in the tidal portions of Navigable Waters may be eligible for Category 1. Reference Appendix A, II. Navigable Waters, Pages 4 – 9, and the other terms and general conditions (GC 11 is particularly relevant) of this GP to determine Category 1 eligibility. Project proponents must contact the USFWS (see Appendix D, Page 1 for contact information) to ensure that work in all tidal portions of Navigable Waters2 is not in critical habitat or areas occupied by listed species other than Atlantic salmon or shortnose sturgeon. (d) Although some work is excluded from Category 1 as stated in (b) and (c) above, work may qualify for Category 1 if a no effect determination has been made for that work by a federal action agency such as the Corps. (e) Proponents must submit an application to the Corps if any of the activities in 10(a)-10(c) that do not qualify for Category 1 may occur and provide information on federally-listed species or habitat to allow the Corps to conduct any required consultation under Section 7 of the ESA. (f) The Corps review may consider species listed as endangered and threatened pursuant to Maine state law. 11. Essential Fish Habitat. Any work in the following rivers and streams, including all tributaries to the extent that they are currently or were historically accessible for salmon migration, shall not be authorized under Category 1 of the GP and must be screened for potential impacts to EFH (see Appendix E for more information). Androscoggin River Aroostook River Boyden River Dennys River Ducktrap River East Machias River Hobart Stream Kennebec River Machias River Narraguagus River Orland River Passagassawaukeag River Patten Stream Penobscot River Pleasant River Presumpscot River Saco River Sheepscot River St. Croix River Tunk Stream Union River The above does not apply to the following activities which may qualify for Category 1 work:
Exploratory drilling and borings for bridges. Moorings (see Appendix A, Page 6 for Category 1 thresholds and requirements) Structures and floats (see Appendix A, Page 7 for Category 1 thresholds and requirements) Other activities specified in a programmatic agreement with NMFS.
1 See Appendix A, Page 1 for definition. 2 See Appendix A, Page 4 for definition. 3 For areas considered occupied by listed Atlantic salmon and/or shortnose sturgeon in Inland Waters and Wetlands, and in Navigable Waters, see: www.nero.noaa.gov/prot_res/altsalmon/dpsmaps.html. Tidal portions of navigable waters occupied by listed Atlantic salmon are more specifically described as those waters from the Kennebec River to its mouth at Merrymeeting Bay, northeast to the Dennys River, including the Androscoggin River upstream to the Brunswick Dam, and other streams northeast of this line to the limit of their tidal reaches.
Maine GP 9 October 2010
12. Wild and Scenic Rivers. Any activity that occurs in the designated main stem of, within 0.25 mile up or downstream of the designated main stem of, or in tributaries within .25 miles of the designated main stem of a National Wild and Scenic River, or in “bordering and contiguous wetlands” (see Appendix A, Endnote 1) that are adjacent to the designated main stem of a National Wild and Scenic River, or that has the potential to alter flows within a river within the National Wild and Scenic River System, is not eligible for Category 1 regardless of size of the impacts. This condition applies to both designated Wild and Scenic Rivers and rivers officially designated by Congress as study rivers for possible inclusion while such rivers are in an official study status. National Wild and Scenic Rivers System segments for Maine as of October 2010 include: Allagash River beginning at Telos Dam continuing to Allagash checkpoint at Eliza Hole Rapids, approximately 3 miles upstream of the confluence with the St. John River (length = 92 miles). 13. Federal Navigation Project. Any structure or work that extends closer to the horizontal limits of any Corps Federal Navigation Project (see Appendix F) than a distance of three times the project’s authorized depth shall be subject to removal at the owner’s expense prior to any future Corps dredging or the performance of periodic hydrographic surveys. This is applicable to Category 1 and 2. Reference Appendix A, Page 6 (Moorings) and Page 7 (Structure and Floats). 14. Navigation. (a) There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein and no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized herein. (b) The permittee understands and agrees that, if future U.S. operations require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S. No claim shall be made against the U.S. on account of any such removal or alteration. 15. Federal Liability. In issuing this permit, 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 permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the U.S. in the public interest; (c) damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit; (d) design or construction deficiencies associated with the permitted work; (e) damage claims associated with any future modification, suspension, or revocation of this permit. 16. Avoidance, Minimization and Compensatory Mitigation. Discharges of dredged or fill material into waters of the U.S., including wetlands, shall be avoided and minimized to the maximum extent practicable through consideration of alternatives. The Corps may require compensatory mitigation of unavoidable direct and secondary impacts associated with Category 2 projects on a case-by-case basis (see Appendix E). 17. Heavy Equipment in Wetlands. Operating heavy equipment other than fixed equipment (drill rigs, fixed cranes, etc.) within wetlands shall be minimized, and such equipment shall not be stored, maintained or repaired in wetlands, to the maximum extent practicable. Where construction requires heavy equipment operation in wetlands, the equipment shall either have low ground pressure
Maine GP 10 October 2010
(typically <3 psi), or it shall be placed on swamp/construction/timber mats (herein referred to as “construction mats” and defined at Appendix A, Endnote 4) that are adequate to support the equipment in such a way as to minimize disturbance of wetland soil and vegetation. Construction mats are to be placed in the wetland from the upland or from equipment positioned on swamp mats if working within a wetland. Dragging construction mats into position is prohibited. Other support structures that are capable of safely supporting equipment may be used with written Corps authorization (Category 2 authorization or Individual Permit). Similarly, the permittee may request written authorization from the Corps to waive use of mats during frozen, dry or other conditions. An adequate supply of spill containment equipment shall be maintained on site. 18. Temporary Fill. Temporary fill that qualifies for Category 1 (e.g., <15,000 SF of combined temporary and permanent fill associated with the single and complete project) or is authorized in writing under Category 2, shall adhere to the following: (a) All temporary fill shall be stabilized to prevent its eroding into portions of waters of the U.S., including wetlands, where it is not authorized. (b) Unconfined temporary fill authorized for discharge into waters of the U.S., including wetlands, shall consist of material that minimizes impacts to water quality (e.g. sandbags, clean gravel, stone, aggregate, etc.). (c) Temporary fill authorized for discharge into wetlands should be placed on geotextile fabric or other material (e.g., straw) laid on the pre-construction wetland grade where practicable to minimize impacts. (d) Temporary fill shall be removed as soon as it is no longer needed, disposed of at an upland site, and suitably contained to prevent subsequent erosion into waters of the U.S, including wetlands. To qualify for Category 1, temporary fill placed during the:
i. Growing season must be removed before the beginning of the next growing season. ii. Non-growing season may remain throughout the following growing season, but must be
removed before the beginning of the next growing season. (e) Waters of the U.S., including wetlands, where temporary fill was discharged shall be restored (see GC 19). (f) Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must be placed in a manner that will not be eroded by expected high flows (see GC 21). (g) Construction mats and corduroy roads (see GC 17 above) are considered as temporary fill when they are removed immediately upon work completion. The area must be restored (see GC 19). 19. Work Site Restoration. (a) Wetland areas where permanent disturbance is not authorized shall be restored to their original condition and elevation, which under no circumstances shall be higher than the pre-construction elevation. Original condition means careful protection and/or removal of existing soil and vegetation, and replacement back to the original location such that the original soil layering and vegetation schemes are approximately the same, unless otherwise authorized. (b) Upon completion of construction, all disturbed wetland areas (the disturbance of these areas must be authorized) shall be properly stabilized. Any seed mix shall contain only plant species native to New England and shall not contain any species listed in the “Invasive and Other Unacceptable Plant Species” Appendix in the “New England District Compensatory Mitigation Guidance” (see Appendix E, Paragraph 6). This list may be updated periodically. (c) In areas of authorized temporary disturbance, if trees are cut they shall be cut at ground level and
Maine GP 11 October 2010
not uprooted in order to prevent disruption to the wetland soil structure and to allow stump sprouts to revegetate the work area, unless otherwise authorized. 20. Bank Stabilization. (a) Projects involving construction or reconstruction/maintenance of bank stabilization structures within Corps jurisdiction shall be designed to minimize environmental effects, effects to neighboring properties, scour, etc. to the maximum extent practicable. (b) Project proponents must design and construct bank stabilization projects using this sequential minimization process: avoidance of aquatic resource impacts, diversion of overland flow, vegetative stabilization, stone-sloped surfaces, and walls/bulkheads. Vertical walls/bulkheads shall only be used in situations where reflected wave energy can be tolerated. Refer to Appendix E for design guidance. (c) Inland Water bank stabilization activities necessary for erosion prevention must meet all of the following criteria: (i) No material is placed in excess of the minimum needed for erosion protection; (ii) The activity is no more than 500 feet in length along the bank; (iii) The activity will not exceed an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark; (iv) Structures angled steeper than 1H:1V and any material other than angular or subangular stone or fiber roll revetments require at least a Category 2 review. (v) The activity does not involve discharges of dredged or fill material into special aquatic sites; (vi) No material is of the type, or is placed in any location, or in any manner, to impair surface water flow into or out of any water of the U.S.; (vii) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (viii) The activity is not a stream channelization activity. (d) Navigable Water bank stabilization activites are provided at Appendix A, Page 4. 21. Sedimentation and Erosion Control. (a) Adequate sedimentation and erosion control management measures, practices and devices, such as phased construction, installation of sediment control barriers (i.e. silt fence, vegetated filter strips, geotextile silt fences, erosion control mixes, hay bales or other devices) downhill of all exposed areas, retention of existing vegetated buffers, application of temporary mulching during construction, and permanent seeding and stabilization shall be installed and properly maintained to reduce erosion and retain sediment on-site during and after construction. They shall be capable of preventing erosion, of collecting sediment, suspended and floating materials, and of filtering fine sediment. (b) Temporary sediment control barriers shall be removed upon completion of work, but not until all disturbed areas are permanently stabilized. The sediment collected by these sediment barriers shall be removed and placed at an upland location and stabilized to prevent its later erosion into a waterway or wetland. (c) All exposed soil and other fills shall be permanently stabilized at the earliest practicable date (see GC 19).
Maine GP 12 October 2010
22. Stream Work and Crossings1. Notes: (a) GC 22(a) and (b) apply to Inland Waters and Wetlands (see Appendix A, Page 1 for definition) and Navigable Waters (see Appendix A, Page 4 for definition). GC 22(c)-(l) only apply to Inland Waters and Wetlands that are streams. All new and replacement crossings in Navigable Waters require an application to the Corps and at least a Category 2 review. (b) In-stream work in a watershed occupied by listed Atlantic salmon or shortnose sturgeon [see GC 10(b)] and some stream work such as crossings on EFH waters (see GC 11) is not eligible for Category 1. (c) “High-Quality Stream Segments” are shown at www.maine.gov/dep/gis/datamaps and may be useful in evaluating impacts to fisheries. GIS shape files are under “Other Google Earth Interactive Maps” and PDFs by county are under “DEP GIS Maps.” See Appendix E, 8(b) for more information. Conditions: (a) All permanent crossings of rivers, streams, brooks, etc. (hereon referred to as “streams”) shall be suitably culverted, bridged, or otherwise designed to i) withstand and to prevent the restriction of high flows to qualify for Category 1, and ii) not obstruct the movement of or not substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, beyond the actual duration of construction unless the activity’s primary purpose is to impound water to qualify for Category 1 or 2. (NOTE: Areas of fill and/or cofferdams must be included in total waterway/wetlands impacts to determine applicability of this GP). (b) Any work that temporarily or permanently impacts upstream or downstream flood conditions, or permanently impacts wetlands in excess of Category 1 thresholds, must be reviewed at least under Category 2. See the documents referenced in Appendix E, 8(c) and (d) for guidance. (c) New Stream Crossings. For new stream crossings to qualify for Category 1:
i. Must ensure compliance with GC 22(a) and GC 22(b) above. ii. Shall be designed and constructed in accordance with the Corps General Stream Crossing
Standards provided on Page 14 and the stream simulation document listed at Appendix E, 8(a). (d) Replacement Stream Crossings. For replacement stream crossings to qualify for Category 1:
i. Must ensure compliance with GC 22(a) and GC 22(b) above. ii. Shall be designed and constructed in accordance with the Corps General Stream Crossing
Standards provided on Page 14 and the stream simulation document listed at Appendix E, 8(a). (e) Culvert Extensions. Culvert extensions on culverts that do not meet the Corps General Stream Crossing Standards do not qualify for Category 1 and require an application to the Corps at least as a Category 2 project. (f) Temporary Stream Crossings. Note: The General Stream Crossing Standards don’t apply to temporary stream crossings.
i. Temporary stream crossings or cofferdams shall be used for equipment access across streams [see Appendix E, 8(e)]. Note: Areas of fill and/or cofferdams must be included in total waterway/wetlands impacts to determine the review category in Appendix A.
ii. Temporary stream crossings shall be removed within 180 days to qualify for Category 1. iii. Temporary stream crossings that are not spans2 (typically culverts) must be designed in
accordance with 1-6 below to qualify for Category 1. Category 2 applications should include information demonstrating 2-6 below:
1 This condition does not apply to non-tidal drainage systems and irrigation ditches excavated on dry land. 2 For the purposes of this GP, spans are bridges, three-sided box culverts, open-bottom culverts or arches that span the stream with footings landward of bankfull width.
Maine GP 13 October 2010
1. Installed and removed during the low flow period specified in GC 22(l) below. 2. Placed on geotextile fabric or other material where practicable to ensure restoration to the
original grade. Soil may not be used to construct or stabilize these structures and rock must be large enough to allow for easy removal without disrupting the streambed.
3. Designed and maintained to withstand and pass high flows. Water height should be no higher than the top of the culvert’s inlet. A minimum culvert diameter of two feet is required to pass debris. Culverts must be aligned to prevent bank erosion or streambed scour.
4. Equipped with energy dissipating devices installed downstream if necessary to prevent scour. 5. Designed and maintained to prevent soil from entering the waterbody. 6. Removed upon the completion of work. Impacts to the streambed or banks requires
restoration to their original condition using stream simulation methods1.
(g) Slip Lining. Work using slip lining (retrofitting an existing culvert by inserting a smaller diameter pipe), invert lining, or resulting in decreased diameter, do not qualify for Category 1, either as new work or maintenance activities. (h) Work in Flowing Waters. To qualify for Category 1, no unconfined fill [see GC 18(b)] or excavation in flowing waters is allowed. To accomplish this:
i. Bank stabilization work below ordinary high water (OHW) shall utilize erosion controls such as inflatable cofferdams, jersey barrier, silt screen, turbidity curtain, etc. where practicable to prevent sediment input to the stream and to minimize turbidity and sedimentation impacts for sensitive life stages. Bank stabilization above OHW must utilize erosion controls.
ii. Management techniques such as temporary flume pipes, culverts, cofferdams, etc. must be used to maintain normal flows within the stream boundary’s confines, or water diversions may be used immediately up and downstream of the work footprint (see Appendix A, Endnote 6) or work must be performed in the dry under no flow conditions, or under very low flow conditions following the practices in GC 22(a). (i) Minimization. In order to make the Category 2 review process more efficient and result in a faster decision, new and replacement stream crossings should be designed using the least intrusive and environmentally damaging method following this sequential minimization process: 1) spans with no stream impacts, 2) spans with stream impacts, and 3) embedded culverts with stream simulation or low-slope design. (j) Maintenance Requirements. The permittee shall maintain the work authorized herein in good condition and in conformance with the terms and general conditions of this permit to facilitate aquatic life passage as stated in GC 22(a). Culverts that develop “hanging” inlets or outlets, result in bed washout, or a stream that doesn’t match the characteristics of the substrate in the natural stream channel such as mobility, slope, stability confinement will require maintenance or repair to comply with this GC. This does not apply to GC 22(f) above. (k) Maintenance and Replacement Information. An existing stream crossing must be authorized and in compliance with all conditions of its authorization(s) to qualify for maintenance not subject to regulation. See Appendix A, Endnote 7. A non-serviceable crossing is not eligible for maintenance and is therefore considered as a replacement crossing [see 22(d)]. (l) Work Window. For projects that otherwise meet the terms of Category 1, in-stream construction work shall be conducted during the low flow period July 15 - October 1 in any year. Projects that are not to be conducted during that time period are ineligible for Category 1 and shall be screened pursuant to Category 2, regardless of the waterway and wetland fill and/or impact area. (See next page for Corps General Stream Crossing Standards.)
1 Design and construction shall be in accordance with the stream simulation document listed at Appendix E, 8(a).
Maine GP 14 October 2010
Corps General Stream Crossing Standards (required for Category 1, recommended for Category 2): (a) Culverts must be embedded:
≥ 2 feet for box culverts and other culverts with smooth internal walls, ≥ 1 foot for corrugated pipe arches ≥ 1 foot and at least 25 percent for corrugated round pipe culverts
(b) For new crossings, spans1 are required to avoid or cause minimal disruption to the streambed and
to meet the requirements of General Condition 22(a) and 22(b). Footings and abutments must be landward of 1.2 times bankfull width. To the greatest extent practicable, work in the stream shall be minimized, and design and construction shall allow the streambed’s natural structure and integrity to remain intact. Any fill or excavation of the streambed below bankfull width other than footings, support pilings, or work specified in 22(h)ii requires Category 2 review and, unless demonstrated otherwise, stream simulation2 to establish substrate and banks in the span structure and work area as specified in (d) and (e) below. (c) For replacement crossings, spans1
are required to meet the requirements of General Condition 22(a) and 22(b). Footings and abutments shall be landward of 1.2 times bankfull width. Unless demonstrated otherwise, stream simulation2 is required to establish substrate and banks in the span structure and work area as specified in (d) and (e) below. (d) Crossings must have a natural bottom substrate within the structure matching the characteristics of the substrate in the natural stream channel and the banks (mobility, slope, stability, confinement, grain and rock size)2 at the time of construction and over time as the structure has had the opportunity to pass significant flood events. To allow terrestrial passage for wildlife and prevent undermining the footings, crossings shall have a bank on both sides of the stream matching the horizontal profile of the existing stream and banks2. (e) Crossings must be designed and constructed2 with appropriate bed forms and streambed characteristics so that water depths and velocities are comparable to those found in the natural channel at a variety of flows. In order to provide appropriate water depths and velocities at a variety of flows and especially low flows, it is usually necessary to reconstruct the streambed or preserve the natural channel within the structure. Otherwise, the width of the structure needed to accommodate higher flows will create conditions that are too shallow at low flows. The grain and rock size, and arrangement of streambed materials within the structure should be in accordance with (d) above. Flows could go subsurface within the structure if only large material is used without smaller material filling the voids. 23. Wetland Crossings. (a) All temporary and permanent crossings of wetlands shall be suitably culverted, bridged, or otherwise designed to: i) Withstand and prevent the restriction of high flows, ii) Not obstruct the movement of or not substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the wetland, including those species that normally migrate through the area, beyond the actual duration of construction unless the activity’s primary purpose is to impound water. See Appendix E for the Maine DEP’s crossing standards. (b) To qualify for Category 1, new and replacement wetland crossings that are permanent shall be culverted, spanned or bridged in such a manner as to preserve hydraulic and ecological connectivity, at its present level, between the wetlands on either side of the road. To meet this requirement, we
1 For the purposes of this GP, spans are bridges, three-sided box culverts, open-bottom culverts or arches that span the stream with footings landward of bankfull width. 2 Design and construction shall be in accordance with the stream simulation document listed at Appendix E, 8(a).
Maine GP 15 October 2010
recommend that culverts, spans or bridges be placed at least every 50 feet with an opening at least 2 feet high and 3 feet wide at ground level where practicable. Closed bottom culverts shall be embedded at least 6 inches with a natural bottom. (c) In the case of non-compliance, the permittee shall take necessary measures to correct wetland damage due to lack of hydraulic and ecological connectivity. (d) Any work that results in flooding, results in impacts to wetlands on either side of the wetland crossing in excess of Category 1 thresholds, or impacts wetland drainage from the upgradient side of the wetland crossing does not qualify for Category 1. 24. Discharge of Pollutants. (a) All activities involving any discharge of pollutants into waters of the U.S., including wetlands, authorized under this GP shall be consistent with applicable water quality standards, effluent limitations, standards of performance, prohibitions, and pretreatment standards and management practices established pursuant to the Clean Water Act (CWA) (33 USC 1251), and applicable state and local laws. If applicable water quality standards, limitations, etc., are revised or modified during the term of this GP, the authorized work shall be modified to conform with these standards within six months of the effective date of such revision or modification, or within a longer period of time deemed reasonable by the Corps in consultation with the EPA. Issuance of a LURC or DEP NRPA permit confirms that state water quality standards are met. (b) All projects authorized by this GP shall be designed, constructed and operated to minimize or eliminate the discharge of pollutants. (c) All activities involving any discharge of pollutants into waters of the U.S., including wetlands, authorized under this GP must comply with Section 402 [33 U.S.C. 1342] of the CWA and the requirements of the National Pollutant Discharge Elimination System (40 CFR 122). 25. Spawning, Breeding and Migratory Areas. Activities and impacts such as excavations, discharges of dredged or fill material, and/or suspended sediment producing activities, in fish migratory areas, fish and shellfish spawning or nursery areas, or amphibian and migratory bird breeding areas, during spawning or breeding seasons shall be avoided and minimized to the maximum extent practicable. 26. Storage of Seasonal Structures. Coastal structures, such as pier sections and floats, that are removed from the waterway for a portion of the year (often referred to as seasonal structures) shall be stored in an upland location located above mean high water (MHW) and not in tidal wetlands or mudflats. These seasonal structures may be stored on the fixed, pile-supported portion of the structure that is seaward of MHW. This is intended to prevent structures from being stored on the marsh substrate, mudflats, or the substrate seaward of MHW. Seasonal storage of structures in navigable waters, e.g., in a protected cove on a mooring, requires Corps and local harbormaster approval. 27. Environmental Functions and Values. The permittee shall make every reasonable effort to carry out the construction or operation of the work authorized herein in a manner that maintains as much as is practicable, and minimize any adverse impacts on existing fish, wildlife, and natural environmental functions and values.
Maine GP 16 October 2010
28. Protection of Vernal Pools (VPs). (a) Impacts to VP Management Areas1 for all VPs on, and known VPs surrounding, the project site shall be minimized to the maximum extent practicable. (b) The following management practices must be followed for all work within the VP Management Area (750’ of a VP’s edge) of all VPs in order to qualify for Category 1 when there is fill placed in a water of the U.S., including wetlands:
i. Similar to the DEP’s Significant Wildlife Habitat regulations2: 1. No disturbance within the VP Depression or VP Envelope (area within 100 feet of the VP
Depression’s edge)3; 2. Maintain a minimum of 75% of the Critical Terrestrial Habitat (area within 100-750 feet of
the VP Depression’s edge) as unfragmented forest with at least a partly-closed canopy of overstory trees to provide shade, deep litter and woody debris3;
3. Maintain or restore forest corridors connecting wetlands and significant vernal pools; 4. Minimize forest floor disturbance; and 5. Maintain native understory vegetation and downed woody debris.
ii. Cape Cod style-curbing or no curbing options shall be used on new roads to facilitate amphibian passage2. (c) For work not complying with the requirements in (b) above, applicants shall submit an application to the Corps for at least Category 2 review with information on directional buffers in accordance with the VP Directional Buffer Guidance document2. Conservation of the unimpacted area within the VP Management Area will often be required. (d) GC 2 requires applicants to delineate or approximately identify on the project plans all waters of the U.S., which include vernal pools. Appendix A, Page 1 lists VP Category 1 thresholds. 29. Invasive Species. (a) The introduction, spread, or the increased risk of invasion of invasive plant or animal species on the project site, into new or disturbed areas, or areas adjacent to the project site caused by the site work is prohibited (see Appendix E, Paragraph 6). (b) Unless otherwise directed by the Corps, all applications for Category 2 inland projects and Category 2 coastal fill projects proposing fill in Corps jurisdiction shall include an Invasive Species Control Plan (ISCP) (see Appendix E, Paragraph 6). 30. Cranberry Development Projects. For cranberry development projects authorized under the GP, the following conditions apply: (a) If a cranberry bog is abandoned for any reason, the area must be allowed to revert to natural wetlands unless an Individual Permit is obtained from the Corps allowing the discharge of fill for an alternate use.
1 The Corps VP Management Area, which includes the VP and a750’ radius from the VP’s edge, is defined at Appendix A, Endnote 5. 2 Appendix E, 10(a)-(d) provides links to the state’s Significant Wildlife Habitat regulations and references that provide impact minimization measures to reference when designing projects. 3 The no disturbance requirement in the VP envelope [see (b)(i)(1)], and (b)(i)(2), do not apply to temporary impacts associated with construction mats in previously disturbed areas of existing utility project (e.g., transmission lines, gas pipelines) or linear transportation project (e.g., roads, highways, railways, trails, airport runways and taxiways) right-of-ways provided there is a Vegetation Management Plan that avoids, minimizes and mitigates impacts to aquatic resources.
Maine GP 17 October 2010
(b) No stream diversion shall be allowed under Category 1 of this GP. (c) No impoundments of intermittent or perennial streams shall be allowed under Category 1 and an application to the Corps is required for at least Category 2 review. (d) The project shall be designed and constructed to not cause flood damage on adjacent properties. 31. Inspections. The permittee shall allow the Corps to make periodic inspections at any time deemed necessary in order to ensure that the work is being or has been performed in accordance with the terms and conditions of this GP. The Corps may also require post-construction engineering drawings for completed work or post-dredging survey drawings for any dredging work. To facilitate these inspections, the permittee shall complete and return to the Corps: For Category 1 projects, the Category 1 Notification Form (Appendix B). For Category 2 projects, the 1) Work-Start Notification Form and 2) Compliance Certification
Form whenever either is provided with a Category 2 authorization letter. 32. Maintenance. (a) The permittee shall maintain the work authorized herein in good condition and in conformance with the terms and general conditions of this permit. (b) This does not include maintenance of dredging projects. Each maintenance dredging event exceeding the Category 1 thresholds (see Appendix A, Page 6) requires a new written Corps authorization unless an unexpired, written Corps authorization specifies that the permittee may “dredge and maintain” an area for a particular time period. Category 1 or 2 maintenance dredging includes only those areas and depths previously authorized and dredged. (c) Some maintenance activities may not be subject to regulation under Section 404 in accordance with 33 CFR 323.4(a)(2) (see Appendix A, Endnote 7). 33. Property Rights. This PGP does not convey any property rights, either in real estate or material, or any exclusive privileges, nor does it authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations. 34. Transfer of GP Verifications. When the structures or work authorized by this GP are still in existence at the time the property is transferred, the terms and conditions of this GP, including any special conditions, will continue to be binding on the entity or individual who received the GP verification, as well as the new owner(s) of the property. The permittee may transfer responsibilities and obligations under the GP verification to the new owner by submitting a letter to the Corps (see Appendix D for address) to validate the transfer. A copy of the GP verification must be attached to the letter and the letter must contain the following statement and signature: “When the structures or work authorized by this GP are still in existence at the time the property is transferred, the terms and conditions of this GP, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this GP and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” 35. Modification, Suspension, and Revocation. This GP or any work authorized under Category 1 or 2 may be either modified, suspended, or revoked, in whole or in part, pursuant to the policies and procedures of 33 CFR 325.7. Any such action shall not be the basis for any claim for damages against the United States. 36. Restoration Directive. The permittee, upon receipt of a notice of revocation of authorization under this GP, shall restore the wetland or waterway to its former condition without expense to the United States and as directed by the Secretary of the Army or his authorized representative. If the permittee fails
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ages
1 –
4)
and
gene
ral c
ondi
tion
s (P
ages
5–1
8).
AC
TIV
ITY
C
AT
EG
OR
Y 1
C
AT
EG
OR
Y 2
(a)
NE
W F
ILL
/ E
XC
AV
AT
ION
D
ISC
HA
RG
ES
(Y
ou m
ust r
efer
ence
(b
) –
(e)
belo
w f
or
othe
r th
resh
olds
that
m
ay b
e re
leva
nt to
yo
ur p
roje
ct.)
1. <
15,0
00 s
quar
e fe
et (
SF
) (i
n L
UR
C o
r D
EP
terr
itor
ies)
of
inla
nd
wat
erw
ay a
nd/o
r w
etla
nd f
ill a
nd a
ssoc
iate
d se
cond
ary
impa
cts2 (
e.g.
, ar
eas
drai
ned,
flo
oded
, fra
gmen
ted,
mec
hani
call
y cl
eare
d or
exc
avat
ed).
F
ill a
rea
incl
udes
all
tem
pora
ry a
nd p
erm
anen
t fil
l, an
d re
gula
ted
disc
harg
es a
ssoc
iate
d w
ith
exca
vati
on.
Con
stru
ctio
n m
ats
are
cons
ider
ed a
s fi
ll. [
See
Gen
eral
Con
ditio
n (G
C)
18(g
).]
Pro
vide
d:
H
isto
ric
fill
+ p
ropo
sed
impa
ct a
rea
<15
,000
SF
and
subd
ivis
ion
fill
com
plie
s w
ith
GC
5, S
ingl
e an
d C
ompl
ete
Pro
ject
s.
N
o w
ork
in s
peci
al a
quat
ic s
ites
(S
AS
)4 ot
her
than
wet
land
s.
2. C
onst
ruct
ion
mat
s4 of
any
area
nec
essa
ry to
con
duct
act
ivit
ies
that
w
ere
prev
ious
ly a
utho
rize
d, a
utho
rize
d un
der
Cat
egor
y 1,
or
not
subj
ect t
o re
gula
tion
(se
e E
ndno
te 7
). A
utho
rize
d co
nstr
ucti
on m
ats
mus
t be
in p
lace
for
<3
mon
ths,
rem
oved
imm
edia
tely
upo
n w
ork
com
plet
ion,
and
the
wet
land
s m
ust b
e re
stor
ed (
see
GC
19)
. 3.
For
wor
k in
Ver
nal P
ool (
VP
) M
anag
emen
t Are
as (
incl
udes
VP
s)5 :
S
ee G
C 2
and
App
endi
x C
for
VP
del
inea
tion
req
uire
men
ts.
S
ee G
C 2
8 to
det
erm
ine
if w
ork
qual
ifie
s fo
r C
ateg
ory
1 or
2.
S
ee A
ppen
dix
E, P
age
3 fo
r V
P d
ocum
ents
pro
vidi
ng m
itig
atio
n gu
idan
ce.
1. ≥
15,0
00 s
quar
e fe
et (
SF
) (i
n L
UR
C o
r D
EP
terr
itor
ies)
to
<3
acre
s of
inla
nd w
ater
way
and
/or
wet
land
fil
l and
as
soci
ated
sec
onda
ry im
pact
s (e
.g.,
area
s dr
aine
d,
floo
ded,
fra
gmen
ted,
or
exca
vate
d). F
ill a
rea
incl
udes
all
te
mpo
rary
and
per
man
ent f
ill,
and
regu
late
d di
scha
rges
as
soci
ated
wit
h ex
cava
tion
. M
echa
nica
l cle
arin
g w
itho
ut
grub
bing
or
othe
r so
il d
istu
rban
ce >
3 ac
res
as a
sec
onda
ry
impa
ct m
ay s
till
be
elig
ible
for
Cat
egor
y 2
at th
e di
scre
tion
of
the
Cor
ps.
2. S
peci
fic
acti
viti
es w
ith
impa
cts
of a
ny a
rea ≥1
5,00
0 S
F
requ
ired
to a
ffec
t the
con
tain
men
t, st
abil
izat
ion,
or
rem
oval
of
haza
rdou
s or
toxi
c w
aste
mat
eria
ls th
at a
re
perf
orm
ed, o
rder
ed, o
r sp
onso
red
by a
gov
ernm
ent
agen
cy w
ith
esta
blis
hed
lega
l or
regu
lato
ry a
utho
rity
. W
etla
nds
mus
t be
rest
ored
in p
lace
. 3.
Tem
pora
ry s
truc
ture
s, w
ork,
and
dis
char
ges
(inc
ludi
ng
cons
truc
tion
mat
s4 ) ≥1
5,00
0 S
F n
eces
sary
for
co
nstr
ucti
on a
ctiv
itie
s or
acc
ess
fill
s or
dew
ater
ing
of
cons
truc
tion
sit
es, p
rovi
ded
that
the
asso
ciat
ed p
rim
ary
acti
vity
is a
utho
rize
d by
the
Cor
ps, a
utho
rize
d un
der
Cat
egor
y 1,
or
not s
ubje
ct to
Cor
ps r
egul
atio
n.
GC
s 16
-19
are
par
ticu
larl
y re
leva
nt.
See
GC
2 a
nd A
ppen
dix
C f
or w
etla
nd d
elin
eati
on
requ
irem
ents
.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
2
AC
TIV
ITY
C
AT
EG
OR
Y 1
C
AT
EG
OR
Y 2
(b
) B
AN
K
ST
AB
ILIZ
AT
ION
P
RO
JEC
TS
1. I
nlan
d ba
nk s
tabi
liza
tion
<50
0 F
T lo
ng a
nd <
1 C
Y o
f fi
ll p
er li
near
foo
t be
low
OH
W, p
rovi
ded:
≤1
cub
ic y
ard
of f
ill p
er li
near
foo
t pla
ced
alon
g th
e ba
nk w
ater
war
d of
or
dina
ry h
igh
wat
er.
W
ork
com
plie
s w
ith
the
GC
s (G
C 2
0 in
par
ticu
lar)
, inc
ludi
ng:
o
No
stru
ctur
es a
ngle
d st
eepe
r th
an 1
H:1
V a
llow
ed.
Onl
y ro
ugh-
face
d st
one
or f
iber
rol
l rev
etm
ents
all
owed
. o
N
o in
-str
eam
wor
k in
volv
ing
fill
or
exca
vati
on in
flo
win
g w
ater
s
(see
GC
22(
h)).
In-s
trea
m w
ork
lim
ited
to J
ul 1
5 -
Oct
1 [
see
GC
22
(l)]
.
No
wor
k in
ver
nal p
ools
5 or
SA
S3 .
G
C 1
0 E
ndan
gere
d S
peci
es a
nd G
C 1
1 E
ssen
tial
Fis
h H
abit
at a
re
part
icul
arly
rel
evan
t.
1. I
nlan
d ba
nk s
tabi
liza
tion
≥50
0 F
T lo
ng a
nd/o
r ≥1
CY
of
fill
per
line
ar f
oot,
or a
ny a
mou
nt w
ith
fill
in w
etla
nds.
(c)
RIV
ER
/ S
TR
EA
M/ B
RO
OK
W
OR
K &
C
RO
SS
ING
S
and
W
ET
LA
ND
C
RO
SS
ING
S
1. R
iver
, str
eam
and
bro
ok w
ork
and
cros
sing
s:
M
ust c
ompl
y w
ith
GC
22
in p
arti
cula
r, in
clud
ing:
o
No
slip
lini
ng [
see
GC
22
(g)]
. o
No
in-s
trea
m w
ork
invo
lvin
g fi
ll o
r ex
cava
tion
in f
low
ing
wat
ers
[see
GC
22(
h)].
o
In-s
trea
m w
ork
lim
ited
to J
ul 1
5 -
Oct
1 [
see
GC
22
(l)]
.
No
wor
k in
rif
fles
and
poo
ls3 .
N
o st
ream
rel
ocat
ions
.
No
dam
s or
dik
es6 .
W
ork
in a
reas
des
igna
ted
as A
tlan
tic
salm
on c
riti
cal h
abit
at o
r oc
cupi
ed b
y li
sted
Atl
anti
c sa
lmon
, or
any
othe
r ar
ea o
ccup
ied
by a
li
sted
spe
cies
is n
ot e
ligi
ble
for
Cat
egor
y 1
(see
GC
10)
.
No
wor
k in
EF
H s
trea
ms
exce
pt f
or th
e ac
tivi
ties
sta
ted
in G
C 1
1.
2. W
etla
nd c
ross
ings
mus
t com
ply
wit
h th
e pa
rtic
ular
ly r
elev
ant G
C 2
3.
1. W
ork
not q
uali
fyin
g fo
r C
ateg
ory
1.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
3
AC
TIV
ITY
C
AT
EG
OR
Y 1
C
AT
EG
OR
Y 2
(d)
RE
PA
IR,
RE
PL
AC
EM
EN
T,
&
MA
INT
EN
AN
CE
O
F A
UT
HO
RIZ
ED
F
ILL
S
1. R
epai
r or
mai
nten
ance
of
exis
ting
, cur
rent
ly s
ervi
ceab
le, a
utho
rize
d fi
lls
wit
h no
exp
ansi
on o
r ch
ange
in u
se:
C
ondi
tion
s of
the
orig
inal
aut
hori
zati
on a
pply
Min
or d
evia
tions
in f
ill d
esig
n al
low
ed.7
T
he r
epai
r, r
ehab
ilit
atio
n, o
r re
plac
emen
t of
thos
e st
ruct
ures
or
fill
s de
stro
yed
or d
amag
ed b
y st
orm
s, f
lood
s, f
ire
or o
ther
dis
cret
e ev
ents
is a
utho
rize
d, p
rovi
ded
the
repa
ir, r
ehab
ilit
atio
n, o
r re
plac
emen
t is
com
men
ced,
or
is u
nder
con
trac
t to
com
men
ce,
wit
hin
two
year
s of
the
date
of
thei
r de
stru
ctio
n or
dam
age.
2. R
epla
cem
ent o
f no
n-se
rvic
eabl
e fi
lls,
or
repa
ir/m
aint
enan
ce o
f se
rvic
eabl
e fi
ll, w
ith
expa
nsio
n <
3 ac
res,
or
wit
h a
chan
ge in
use
.
(e)
MIS
CE
LL
-A
NE
OU
S
1. A
ctiv
itie
s re
quir
ed f
or th
e co
ntai
nmen
t and
cle
anup
of
oil a
nd
haza
rdou
s su
bsta
nces
that
are
sub
ject
to th
e N
atio
nal O
il a
nd H
azar
dous
S
ubst
ance
s P
ollu
tion
Con
tinge
ncy
Pla
n (4
0 C
FR
300
) pr
ovid
ed th
at th
e w
ork
is d
one
in a
ccor
danc
e w
ith
the
Spi
ll C
ontr
ol a
nd C
ount
erm
easu
re
Pla
n re
quir
ed b
y 40
CF
R 1
12.3
and
any
exi
stin
g st
ate
cont
inge
ncy
plan
an
d pr
ovid
ed th
at th
e R
egio
nal R
espo
nse
Tea
m (
if o
ne e
xist
s in
the
area
) co
ncur
s w
ith
the
prop
osed
con
tain
men
t and
cle
anup
act
ion.
SA
S3 mus
t ty
pica
lly
be r
esto
red
in p
lace
at t
he s
ame
elev
atio
n.
2. S
cien
tifi
c m
easu
rem
ent d
evic
es w
hose
pur
pose
is to
mea
sure
and
re
cord
sci
enti
fic
data
, suc
h as
sta
ff g
ages
, wat
er r
ecor
ding
dev
ices
, wat
er
qual
ity te
stin
g an
d im
prov
emen
t dev
ices
, and
sim
ilar
str
uctu
res.
Thi
s ex
clud
es a
ny b
iolo
gica
l sam
plin
g de
vice
s. S
truc
ture
s m
ay n
ot r
estr
ict
mov
emen
t of
aqua
tic
orga
nism
s.
3. S
urve
y ac
tivi
ties
, suc
h as
cor
e sa
mpl
ing,
sei
smic
exp
lora
tory
op
erat
ions
, plu
ggin
g of
sei
smic
sho
t hol
es a
nd o
ther
exp
lora
tory
-typ
e bo
re h
oles
, exp
lora
tory
tren
chin
g, s
oil s
urve
ys, s
ampl
ing,
and
his
tori
c re
sour
ces
surv
eys
(but
not
rec
over
y).
Exp
lora
tory
tren
ches
mus
t be
rest
ored
in a
ccor
danc
e w
ith
GC
19.
The
con
stru
ctio
n of
tem
pora
ry p
ads
is a
utho
rize
d pr
ovid
ed th
e di
scha
rge
does
n’t e
xcee
d 25
CY
. T
his
does
n’t a
utho
rize
per
man
ent s
truc
ture
s or
the
dril
ling
and
the
disc
harg
e of
exc
avat
ed m
ater
ial f
rom
test
wel
ls f
or o
il a
nd g
as e
xplo
rati
on (
the
plug
ging
of
such
wel
ls is
aut
hori
zed)
.
4. A
ny w
ork
not c
omm
ence
d no
r co
mpl
eted
that
was
aut
hori
zed
in a
w
ritt
en le
tter
fro
m th
e C
orps
und
er th
e P
GP
in e
ffec
t bet
wee
n O
ctob
er
11, 2
005
and
Oct
ober
11,
201
0. T
he te
rms
and
gene
ral c
ondi
tion
s of
this
G
P a
pply
alo
ng w
ith
any
spec
ial c
ondi
tion
s in
the
wri
tten
aut
hori
zati
on.
1. A
quat
ic h
abit
at r
esto
rati
on, e
stab
lish
men
t, an
d en
hanc
emen
t of
wet
land
s an
d ri
pari
an a
reas
and
the
rest
orat
ion
and
enha
ncem
ent o
f st
ream
s an
d ot
her
open
w
ater
s w
ith
impa
cts
of a
ny a
rea ≥1
5,00
0 S
F, p
rovi
ded
thos
e ac
tivi
ties
res
ult i
n ne
t inc
reas
e in
ove
rall
aqu
atic
res
ourc
e fu
ncti
ons
and
serv
ices
.8
2. P
roje
cts
whe
re a
n E
IS is
req
uire
d by
the
Cor
ps a
re n
ot
elig
ible
for
Cat
egor
y 2.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
4
II. N
AV
IGA
BL
E
WA
TE
RS
Nav
igab
le W
ater
s of
th
e U
nit
ed S
tate
s: W
ater
s th
at a
re s
ubje
ct to
the
ebb
and
flow
of
the
tide
and
/or
the
tidal
and
non
-tid
al
port
ions
of
the
Fed
eral
ly d
esig
nate
d na
viga
ble
wat
ers
(the
Pen
obsc
ot R
iver
, Ken
nebe
c R
iver
, and
Lak
e U
mba
gog)
(S
ecti
on 1
0 R
iver
s an
d H
arbo
rs A
ct o
f 18
99).
The
juri
sdic
tiona
l lim
its
are
the
mea
n hi
gh w
ater
(M
HW
) li
ne in
tida
l wat
ers
and
the
ordi
nary
hig
h w
ater
(O
HW
) m
ark
in n
on-t
idal
por
tion
s of
the
fede
rall
y de
sign
ated
nav
igab
le r
iver
s. F
or th
e pu
rpos
es o
f th
is G
P, f
ill p
lace
d in
the
area
be
twee
n th
e m
ean
high
wat
er (
MH
W)
and
the
high
tide
line
(H
TL
), a
nd in
the
bord
erin
g an
d co
ntig
uous
wet
land
s1 to ti
dal w
ater
s ar
e al
so r
evie
wed
in th
is N
avig
able
Wat
ers
sect
ion.
P
roje
cts
not m
eeti
ng C
ateg
ory
1 re
quir
e an
app
lica
tion
for
rev
iew
as
a C
ateg
ory
2 or
Ind
ivid
ual P
erm
it p
roje
ct.
All
Cat
egor
y 1
and
2 pr
ojec
ts m
ust c
ompl
y w
ith
all o
f th
is G
P’s
appl
icab
le te
rms
(Pag
es 1
- 4
) an
d ge
nera
l con
diti
ons
(Pag
es 5
- 1
8).
AC
TIV
ITY
C
AT
EG
OR
Y 1
CA
TE
GO
RY
2
(a)
FIL
L
1. D
isch
arge
s of
dre
dged
or
fill
mat
eria
l inc
iden
tal t
o th
e co
nstr
ucti
on
of b
ridg
es a
cros
s na
viga
ble
wat
ers
of th
e U
.S.,
incl
udin
g co
ffer
dam
s,
abut
men
ts, f
ound
atio
n se
als,
pie
rs, a
nd te
mpo
rary
con
stru
ctio
n an
d ac
cess
fil
ls p
rovi
ded
the
U.S
. Coa
st G
uard
aut
hori
zes
such
dis
char
ges
as p
art o
f th
e br
idge
per
mit
or
appr
opri
ate
appr
oval
. C
ause
way
s an
d ap
proa
ch f
ills
are
not
incl
uded
in th
is c
ateg
ory
and
requ
ire
Cat
egor
y 2
or I
ndiv
idua
l Per
mit
aut
hori
zati
on.
2. B
ank
stab
iliza
tion
pro
ject
s <
200
line
ar f
eet:
≤1
cub
ic y
ard
of f
ill p
er li
near
foo
t pla
ced
alon
g th
e ba
nk
wat
erw
ard
of h
igh
tide
line
. N
o fi
ll o
r eq
uipm
ent w
ill o
ccur
in
SA
S3 .
W
ork
cond
ucte
d in
the
inte
rtid
al z
one
mus
t be
cond
ucte
d in
-the
-dr
y du
ring
low
wat
er, o
r be
twee
n N
ov. 8
– A
pr. 9
.
No
stru
ctur
es a
ngle
d st
eepe
r th
an 1
H:1
V a
nd o
nly
roug
h-fa
ced
ston
e or
fib
er r
oll r
evet
men
ts a
llow
ed.
N
o dr
ivin
g of
pil
es o
r sh
eeti
ng.
3. F
or 1
and
2 a
bove
:
Pro
ject
pro
pone
nts
mus
t con
tact
the
US
FW
S f
or w
ork
on c
oast
al
beac
hes
to e
nsur
e no
impa
cts
to p
ipin
g pl
over
s, r
osea
te te
rns
or
thei
r ha
bita
t [se
e G
C 1
0(b)
ii].
1. <
1 ac
re te
mpo
rary
or
perm
anen
t fil
l, ex
cava
tion
and
/or
seco
ndar
y im
pact
s (e
.g.,
area
s dr
aine
d, f
lood
ed, f
ragm
ente
d or
mec
hani
call
y cl
eare
d).
Fil
l are
a in
clud
es a
ll te
mpo
rary
an
d pe
rman
ent w
ater
way
fil
ls, p
rovi
ded:
Tem
pora
ry o
r pe
rman
ent f
ill i
n ee
lgra
ss14
<10
00 S
F.
P
erm
anen
t fil
l in
SA
S (
excl
udin
g ee
lgra
ss14
) <
4300
SF
.
(b)
ST
RE
AM
WO
RK
&
CR
OS
SIN
GS
, an
d W
ET
LA
ND
C
RO
SS
ING
S
1. N
o ne
w f
ill f
or c
ross
ings
all
owed
.
1. N
ew c
ross
ings
or
repl
acem
ent c
ross
ings
that
do
not f
it th
e (c
) R
epai
r an
d M
aint
enan
ce a
ctiv
ity
belo
w.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
5
AC
TIV
ITY
C
AT
EG
OR
Y 1
CA
TE
GO
RY
2
(c)
RE
PA
IR A
ND
M
AIN
TE
NA
NC
E
WO
RK
1. R
epai
r, r
epla
cem
ent i
n-ki
nd, o
r m
aint
enan
ce7 o
f ex
isti
ng, c
urre
ntly
se
rvic
eabl
e7 , aut
hori
zed
stru
ctur
es o
r fi
lls:
Con
diti
ons
of th
e or
igin
al a
utho
riza
tion
app
ly.
N
o su
bsta
ntia
l exp
ansi
on o
r ch
ange
in u
se.
M
ust b
e re
built
in s
ame
foot
prin
t, ho
wev
er m
inor
dev
iati
ons
in
stru
ctur
e de
sign
all
owed
7 .
The
rep
air,
reh
abil
itat
ion,
or
repl
acem
ent o
f th
ose
stru
ctur
es o
r fi
lls
dest
roye
d or
dam
aged
by
stor
ms,
flo
ods,
fir
e or
oth
er d
iscr
ete
even
ts is
au
thor
ized
, pro
vide
d th
e re
pair
, reh
abil
itat
ion,
or
repl
acem
ent i
s co
mm
ence
d, o
r is
und
er c
ontr
act t
o co
mm
ence
, wit
hin
two
year
s of
the
date
of
thei
r de
stru
ctio
n or
dam
age.
Min
or d
evia
tion
s fo
r w
ork
invo
lvin
g pi
les
shal
l adh
ere
to o
ne o
f th
e 4
met
hods
in a
- d
bel
ow:
a. P
iles
inst
alle
d in
-the
-dry
dur
ing
low
wat
er o
r in
-wat
er b
etw
een
N
ov. 8
th -
Apr
. 9th, o
r b
. M
ust b
e dr
ille
d an
d pi
nned
to le
dge,
or
c. V
ibra
tory
ham
mer
s us
ed to
inst
all a
ny s
ize
and
quan
tity
of w
ood,
co
ncre
te o
r st
eel p
iles
, or
d.
Impa
ct h
amm
ers
lim
ited
to o
ne h
amm
er a
nd <
50 p
iles
inst
alle
d/da
y w
ith
the
foll
owin
g: w
ood
pile
s of
any
siz
e, c
oncr
ete
pile
s ≤1
8-in
ches
dia
met
er, s
teel
pil
es <
12-i
nche
s di
amet
er if
the
ham
mer
is
≤300
0 lb
s an
d a
woo
d cu
shio
n is
use
d be
twee
n th
e ha
mm
er a
nd
stee
l pil
e, a
nd
F
or b
– d
abo
ve:
o
In-w
ater
noi
se le
vels
sha
ll n
ot e
xcee
d >
187d
B S
EL
re
1µP
a or
20
6dB
pea
k re
1µ
Pa
at a
dis
tanc
e >
10m
fro
m th
e pi
le b
eing
in
stal
led.
, and
o
In
-wat
er n
oise
leve
ls >
155d
B p
eak
re 1
µP
a sh
all n
ot e
xcee
d 12
co
nsec
utiv
e ho
urs
on a
ny g
iven
day
and
a 1
2 ho
ur r
ecov
ery
peri
od (
i.e.,
in-w
ater
noi
se b
elow
155
dB p
eak
re 1
µP
a) m
ust b
e pr
ovid
ed b
etw
een
wor
k da
ys.
F
or a
– d
abo
ve:
o
Wor
k is
not
eli
gibl
e fo
r C
ateg
ory
1 if
con
duct
ed in
tida
l por
tion
s of
the
Pen
obsc
ot r
iver
ups
trea
m o
f a
line
ext
endi
ng f
rom
Tur
ner
poin
t in
Cas
tine
to M
oose
Poi
nt (
form
erly
squ
aw p
oint
) on
Cap
e Je
llis
on in
Sto
ckto
n Sp
ring
s or
in ti
dal p
orti
ons
of th
e K
enne
bec
or A
ndro
scog
gin
Riv
ers
upst
ream
of
a li
ne e
xten
ding
fro
m
Dou
blin
g po
int i
n A
rrow
sic
to H
ospi
tal P
oint
in W
est B
ath.
1. R
epla
cem
ent o
f no
n-se
rvic
eabl
e st
ruct
ures
and
fi
lls
or r
epai
r/m
aint
enan
ce o
f se
rvic
eabl
e st
ruct
ures
or
fil
ls, w
ith
fill
, rep
lace
men
t or
expa
nsio
n <
1 ac
re,
or w
ith
a ch
ange
in u
se.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
6
AC
TIV
ITY
C
AT
EG
OR
Y 1
C
AT
EG
OR
Y 2
(d)
DR
ED
GIN
G
AN
D
AS
SO
CIA
TE
D
DIS
PO
SA
L
1. M
aint
enan
ce d
redg
ing10
for
nav
igat
iona
l pur
pose
s <
1,00
0 C
Y w
ith
upla
nd d
ispo
sal.
Inc
lude
s re
turn
wat
er f
rom
upl
and
cont
aine
d di
spos
al
area
, pro
vide
d:
P
rope
r si
ltat
ion
cont
rols
are
use
d.
D
redg
ing
& d
ispo
sal o
pera
tion
lim
ited
to N
ov. 8
– A
pr. 9
.
No
impa
ct to
SA
S3 .
N
o dr
edgi
ng in
inte
rtid
al a
reas
.
No
dred
ging
in a
reas
con
side
red
occu
pied
by
list
ed A
tlan
tic
salm
on
[see
GC
10(
b)(i
i)].
For
dre
dgin
g in
wat
ers
outs
ide
of A
tlan
tic
salm
on c
riti
cal h
abit
at,
appl
ican
ts m
ust c
onta
ct N
MF
S (
App
endi
x D
) to
ens
ure
no im
pact
s to
list
ed s
peci
es s
uch
as s
hort
nose
stu
rgeo
n.
P
roje
ct p
ropo
nent
s m
ust c
onta
ct th
e U
SF
WS
for
wor
k on
coa
stal
be
ache
s to
ens
ure
no im
pact
s to
pip
ing
plov
ers,
ros
eate
tern
s or
th
eir
habi
tat [
see
GC
10(
c)].
1. M
aint
enan
ce d
redg
ing10
≥1,
000
CY
, new
dre
dgin
g <
25,0
00
CY
, or
proj
ects
not
mee
ting
Cat
egor
y 1.
Inc
lude
s re
turn
wat
er
from
upl
and
cont
aine
d di
spos
al a
reas
. D
ispo
sal i
nclu
des:
Upl
and.
Bea
ch n
ouri
shm
ent (
abov
e m
ean
high
wat
er)
of a
ny a
rea
prov
ided
dre
dgin
g’s
prim
ary
purp
ose
is n
avig
atio
n or
sa
nd is
fro
m a
n up
land
sou
rce.
Ope
n w
ater
& c
onfi
ned
aqua
tic
disp
osal
, if
Cor
ps f
inds
th
e m
ater
ial s
uita
ble.
2. B
each
nou
rish
men
t ass
ocia
ted
wit
h dr
edgi
ng w
hen
the
prim
ary
purp
ose
is n
ot n
avig
atio
n re
quir
es a
t lea
st a
Cat
egor
y 2
revi
ew.
3. M
aint
enan
ce o
r ne
w d
redg
ing10
and
/or
disp
osal
in o
r af
fect
ing
a S
AS
3 req
uire
s an
Ind
ivid
ual P
erm
it.
See
II(
a)
abov
e fo
r dr
edge
dis
posa
l in
wet
land
s or
wat
ers.
(e)
MO
OR
ING
S
1. P
riva
te, n
on-c
omm
erci
al, n
on-r
enta
l, si
ngle
-boa
t moo
ring
s, p
rovi
ded:
Aut
hori
zed
by th
e lo
cal h
arbo
rmas
ter/
tow
n.
N
ot a
ssoc
iate
d w
ith
any
boat
ing
faci
lity
.11
B
oat o
r m
oori
ng n
ot lo
cate
d in
a F
eder
al N
avig
atio
n Pr
ojec
t12 o
ther
th
an a
Fed
eral
Anc
hora
ge12
. M
oori
ngs
in F
eder
al A
ncho
rage
not
as
soci
ated
wit
h a
boat
ing
faci
lity
11 an
d ar
e no
t for
ren
t.
No
inte
rfer
ence
wit
h na
viga
tion
.
No
new
moo
ring
s lo
cate
d in
SA
S3 .
Pri
or to
inst
alla
tion
of
moo
ring
s, a
sit
e-sp
ecif
ic e
elgr
ass
surv
ey s
houl
d be
con
duct
ed to
do
cum
ent t
hat e
elgr
ass
is n
ot p
rese
nt.
W
hen
exis
ting
, aut
hori
zed
moo
ring
s in
SA
S3 ar
e go
ing
to b
e re
plac
ed, t
hey
shal
l be
repl
aced
wit
h el
asti
c m
oori
ng s
yste
ms
that
pr
even
t moo
ring
cha
ins
from
res
ting
or
drag
ging
on
the
bott
om
subs
trat
e at
all
tide
s an
d he
lica
l anc
hors
, or
equi
vale
nt S
AS
pr
otec
tion
sys
tem
s w
here
pra
ctic
able
. 2.
Min
or r
eloc
atio
n of
pre
viou
sly
auth
oriz
ed m
oori
ngs
and
moo
red
floa
ts, p
rovi
ded:
Aut
hori
zed
by th
e lo
cal h
arbo
rmas
ter/
tow
n.
N
ot lo
cate
d in
SA
S3
N
o in
terf
eren
ce w
ith
navi
gati
on.
C
anno
t be
relo
cate
d in
to a
Fed
eral
Nav
igat
ion
Pro
ject
12 ot
her
than
a
Fed
eral
Anc
hora
ge12
1. M
oori
ngs
asso
ciat
ed w
ith
a bo
atin
g fa
cili
ty11
. A
n ee
lgra
ss14
su
rvey
may
be
requ
ired
. 2.
Moo
ring
s th
at d
on’t
mee
t the
term
s in
Cat
egor
y 1
and
don’
t re
quir
e an
Ind
ivid
ual P
erm
it.
Thi
s in
clud
es p
riva
te m
oori
ngs
wit
h no
har
borm
aste
r or
mea
ns o
f lo
cal a
ppro
val.
3. M
oori
ngs
loca
ted
such
that
they
, and
/or
vess
els
dock
ed o
r m
oore
d at
them
, are
wit
hin
the
buff
er z
one
of th
e ho
rizo
ntal
li
mit
s13 o
f a
Fede
ral C
hann
el12
. (S
ee A
ppen
dix
F.)
The
buf
fer
zone
is e
qual
to 3
tim
es th
e au
thor
ized
dep
th o
f th
at c
hann
el.
4. A
n IP
is r
equi
red
for
moo
ring
s w
ithi
n th
e ho
rizo
ntal
li
mit
s11, o
r w
ith
moo
red
vess
els
that
ext
end,
into
the
hori
zont
al
lim
its
of a
Fed
eral
Nav
igat
ion
Pro
ject
12, e
xcep
t tho
se in
F
eder
al A
ncho
rage
s12.
For
1-4
abo
ve, s
itin
g of
new
indi
vidu
al m
oori
ngs
in S
AS
3 , in
clud
ing
eelg
rass
14, s
houl
d be
avo
ided
to th
e m
axim
um e
xten
t pr
acti
cabl
e. I
f S
AS3 c
anno
t be
avoi
ded,
pla
ns s
houl
d sh
ow
elas
tic
moo
ring
sys
tem
s th
at p
reve
nt m
oori
ng c
hain
s fr
om
rest
ing
or d
ragg
ing
on th
e bo
ttom
sub
stra
te a
t all
tide
s an
d he
lica
l anc
hors
, or
equi
vale
nt S
AS
pro
tect
ion
syst
ems,
whe
re
prac
tica
ble.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
7
AC
TIV
ITY
C
AT
EG
OR
Y 1
C
AT
EG
OR
Y 2
(f)
ST
RU
CT
UR
ES
A
ND
FL
OA
TS
1.
Rec
onfi
gura
tion
of
exis
ting,
aut
hori
zed
stru
ctur
es o
r fl
oats
. P
rovi
ded:
a.
Pil
es s
hall
adh
ere
to o
ne o
f th
e 4
met
hods
in (
i) –
(iv)
bel
ow:
i. P
iles
inst
alle
d in
-the
-dry
dur
ing
low
wat
er o
r in
-wat
er b
etw
een
Nov
. 8th
- A
pr. 9
th, o
r ii
. M
ust b
e dr
ille
d an
d pi
nned
to le
dge,
or
iii.
Vib
rato
ry h
amm
ers
used
to in
stal
l any
siz
e an
d qu
antit
y of
woo
d,
conc
rete
or
stee
l pil
es, o
r iv
. Im
pact
ham
mer
s li
mit
ed to
one
ham
mer
and
<50
pil
es
inst
alle
d/da
y w
ith
the
foll
owin
g: w
ood
pile
s of
any
siz
e, c
oncr
ete
pile
s ≤1
8-in
ches
dia
met
er, s
teel
pil
es <
12-i
nche
s di
amet
er if
the
ham
mer
is ≤
3000
lbs
and
a w
ood
cush
ion
is u
sed
betw
een
the
ham
mer
and
ste
el p
ile.
b
. For
(ii
) –
(iv)
abo
ve:
i. In
-wat
er n
oise
leve
ls s
hall
not
exc
eed
>18
7dB
SE
L r
e 1µ
Pa
or
206d
B p
eak
re 1
µP
a at
a d
ista
nce
>10
m f
rom
the
pile
bei
ng
inst
alle
d., a
nd
ii.
In-w
ater
noi
se le
vels
>15
5dB
pea
k re
1µ
Pa
shal
l not
exc
eed
12
cons
ecut
ive
hour
s on
any
giv
en d
ay a
nd a
12
hour
rec
over
y pe
riod
(i.e
., in
-wat
er n
oise
bel
ow 1
55dB
pea
k re
1µ
Pa)
mus
t be
prov
ided
bet
wee
n w
ork
days
. c.
For
(i)
–(i
v) a
bove
: i.
W
ork
is n
ot e
ligi
ble
for
Cat
egor
y 1
if c
ondu
cted
in ti
dal p
ortio
ns
of th
e P
enob
scot
riv
er u
pstr
eam
of
a li
ne e
xten
ding
fro
m T
urne
r po
int i
n C
asti
ne to
Moo
se P
oint
(fo
rmer
ly s
quaw
poi
nt)
on C
ape
Jell
ison
in S
tock
ton
Spri
ngs
or in
tida
l por
tion
s of
the
Ken
nebe
c or
And
rosc
oggi
n R
iver
s up
stre
am o
f a
line
ext
endi
ng f
rom
D
oubl
ing
poin
t in
Arr
owsi
c to
Hos
pita
l Poi
nt in
Wes
t Bat
h.
1. P
riva
te s
truc
ture
s or
flo
ats,
incl
udin
g fl
oatw
ays/
skid
way
s,
buil
t to
acce
ss w
ater
way
(se
ason
al a
nd p
erm
anen
t)
2. E
xpan
sion
s to
exi
stin
g bo
atin
g fa
cili
ties11
. F
or 1
& 2
abo
ve, c
ompl
ianc
e w
ith
the
foll
owin
g de
sign
st
anda
rds
is n
ot r
equi
red
but r
ecom
men
ded:
Pil
e-su
ppor
ted
stru
ctur
es <
400
SF
, wit
h at
tach
ed f
loat
s to
tali
ng <
200
SF
.
Bot
tom
anc
hore
d fl
oats
<20
0 S
F.
S
truc
ture
s ar
e <
4’ w
ide
and
have
at l
east
a 1
:1
heig
ht:w
idth
rat
io11
.
Flo
ats
supp
orte
d a
min
imum
of
18”
abov
e th
e su
bstr
ate
duri
ng a
ll ti
des.
Str
uctu
res
& f
loat
s no
t loc
ated
wit
hin
25’
of a
ny e
elgr
ass8 .
M
oore
d ve
ssel
s no
t pos
itio
ned
over
SA
S4 .
No
stru
ctur
e lo
cate
d w
ithi
n 25
’ of
the
ripa
rian
pro
pert
y bo
unda
ry w
ithou
t wri
tten
app
rova
l fro
m th
e ab
utte
r(s)
.
No
stru
ctur
e ex
tend
s ac
ross
>25
% o
f th
e w
ater
way
wid
th
at m
ean
low
wat
er.
N
ot lo
cate
d w
ithi
n th
e bu
ffer
zon
e of
the
hori
zont
al
lim
its13
of
a C
orps
Fed
eral
Nav
igat
ion
Pro
ject
(F
NP
) (A
pp. F
). T
he b
uffe
r zo
ne is
equ
al to
thre
e ti
mes
the
auth
oriz
ed d
epth
of
that
FN
P.
3. A
n In
divi
dual
Per
mit
is r
equi
red
for
stru
ctur
es o
r fl
oats
, in
clud
ing
floa
tway
s/sk
idw
ays,
loca
ted
such
that
they
and
/or
vess
els
dock
ed o
r m
oore
d at
them
are
wit
hin
the
hori
zont
al
lim
its13
of
a C
orps
Fed
eral
Nav
igat
ion
Pro
ject
12 (s
ee A
pp. F
).
4. A
n In
divi
dual
Per
mit
is r
equi
red
for
stru
ctur
es &
flo
ats
asso
ciat
ed w
ith
a ne
w o
r pr
evio
usly
una
utho
rize
d bo
atin
g fa
cili
ty11
.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
8
AC
TIV
ITY
C
AT
EG
OR
Y 1
C
AT
EG
OR
Y 2
(g)
MIS
CE
LL
-A
NE
OU
S
1. T
empo
rary
buo
ys, m
arke
rs, f
loat
s, e
tc. f
or r
ecre
atio
nal u
se d
urin
g sp
ecif
ic e
vent
s, p
rovi
ded
they
are
rem
oved
wit
hin
30 d
ays
afte
r us
e is
di
scon
tinu
ed.
2. T
he p
lace
men
t of
aids
to n
avig
atio
n an
d re
gula
tory
mar
kers
whi
ch a
re
appr
oved
by
and
inst
alle
d in
acc
orda
nce
wit
h th
e re
quir
emen
ts o
f th
e U
.S. C
oast
Gua
rd.
(See
33
CF
R 6
6, C
hapt
er I
, sub
chap
ter
C).
” 3.
Act
ivit
ies
requ
ired
for
the
cont
ainm
ent a
nd c
lean
up o
f oi
l and
ha
zard
ous
subs
tanc
es th
at a
re s
ubje
ct to
the
Nat
iona
l Oil
and
Haz
ardo
us
Sub
stan
ces
Pol
luti
on C
ontin
genc
y P
lan
(40
CF
R 3
00)
prov
ided
that
the
wor
k is
don
e in
acc
orda
nce
wit
h th
e S
pill
Con
trol
and
Cou
nter
mea
sure
P
lan
requ
ired
by
40 C
FR
112
.3 a
nd a
ny e
xist
ing
stat
e co
ntin
genc
y pl
an
and
prov
ided
that
the
Reg
iona
l Res
pons
e T
eam
(if
one
exi
sts
in th
e ar
ea)
conc
urs
wit
h th
e pr
opos
ed c
onta
inm
ent a
nd c
lean
up a
ctio
n. S
AS3 m
ust
typi
call
y be
res
tore
d in
pla
ce a
t the
sam
e el
evat
ion.
4.
Fis
h an
d w
ildl
ife
harv
esti
ng, e
nhan
cem
ent,
and
attr
acti
on d
evic
es a
nd
acti
viti
es s
uch
as p
ound
net
s, c
rab
trap
s, c
rab
dred
ging
, eel
pot
s, lo
bste
r tr
aps,
and
cla
m a
nd o
yste
r di
ggin
g, a
nd s
mal
l fis
h at
trac
tion
dev
ices
suc
h as
ope
n w
ater
fis
h co
ncen
trat
ors
(sea
kit
es, e
tc.)
. Thi
s do
es n
ot a
utho
rize
ar
tifi
cial
ree
fs o
r im
poun
dmen
ts a
nd s
emi-
impo
undm
ents
of
wat
ers
of
the
U.S
. for
the
cult
ure
or h
oldi
ng o
f m
otil
e sp
ecie
s su
ch a
s lo
bste
r, o
r th
e us
e of
cov
ered
oys
ter
tray
s or
cla
m r
acks
. No
acti
vity
that
res
ults
in a
ha
zard
to n
avig
atio
n. N
ote:
A C
ateg
ory
1 N
otif
icat
ion
For
m is
not
re
quir
ed f
or th
ese
devi
ces
and
acti
viti
es.
5. S
cien
tifi
c m
easu
rem
ent d
evic
es w
hose
pur
pose
is to
mea
sure
and
re
cord
sci
enti
fic
data
, suc
h as
sta
ff g
ages
, wat
er r
ecor
ding
dev
ices
, wat
er
qual
ity te
stin
g an
d im
prov
emen
t dev
ices
, and
sim
ilar
str
uctu
res.
S
truc
ture
s m
ay n
ot r
estr
ict m
ovem
ent o
f aq
uati
c or
gani
sms.
No
acti
vity
re
sult
s in
a h
azar
d to
nav
igat
ion.
6.
Sur
vey
activ
itie
s su
ch a
s ex
plor
ator
y dr
illi
ng, s
urve
ying
and
sam
plin
g ac
tivi
ties
, exc
ludi
ng a
ny b
iolo
gica
l sam
plin
g de
vice
s.
Doe
s no
t inc
lude
oil
and
gas
exp
lora
tion
and
fil
l for
roa
ds o
r co
nstr
ucti
on p
ads.
No
acti
vity
res
ults
in a
haz
ard
to n
avig
atio
n.
App
lica
nts
mus
t con
tact
NM
FS
to e
nsur
e no
impa
cts
to li
sted
spe
cies
.
1. S
truc
ture
s or
wor
k in
or
affe
ctin
g ti
dal o
r na
viga
ble
wat
ers,
th
at a
re n
ot d
efin
ed u
nder
any
of
the
prev
ious
hea
ding
s li
sted
ab
ove.
Inc
lude
s, b
ut is
not
lim
ited
to, u
tility
line
s, a
eria
l tr
ansm
issi
on li
nes,
pip
elin
es, o
utfa
lls,
boa
t ram
ps,
floa
tway
s/sk
idw
ays,
bri
dges
, tun
nels
and
hor
izon
tal
dire
ctio
nal d
rill
ing
acti
viti
es s
eaw
ard
of th
e m
ean
high
wat
er
line
. 2.
She
llfi
sh/f
infi
sh (
othe
r th
an A
tlan
tic
salm
on),
or
othe
r aq
uacu
ltur
e fa
cili
ties
wit
h no
mor
e th
an m
inim
al in
divi
dual
an
d cu
mul
ativ
e im
pact
s to
env
iron
men
tal r
esou
rces
or
navi
gati
on.
Aqu
acul
ture
gui
deli
nes
are
prov
ided
at:
w
ww
.mai
ne.g
ov/d
mr/
aqua
cult
ure/
inde
x.ht
m.
3. S
peci
fic
acti
viti
es w
ith
impa
cts
of a
ny a
rea
requ
ired
to
affe
ct th
e co
ntai
nmen
t, st
abil
izat
ion,
or
rem
oval
of
haza
rdou
s or
toxi
c w
aste
mat
eria
ls th
at a
re p
erfo
rmed
, ord
ered
, or
spon
sore
d by
a g
over
nmen
t age
ncy
wit
h es
tabl
ishe
d le
gal o
r re
gula
tory
aut
hori
ty.
Wet
land
s m
ust t
ypic
ally
be
rest
ored
in
plac
e at
the
sam
e el
evat
ion
to q
uali
fy.
4. A
quat
ic h
abit
at r
esto
rati
on, e
stab
lish
men
t and
enh
ance
men
t pr
ovid
ed th
ose
acti
viti
es a
re p
roac
tive
and
res
ult i
n ne
t in
crea
ses
in a
quat
ic r
esou
rce
func
tion
s an
d se
rvic
es.8
5. P
roje
cts
whe
re a
n E
IS is
req
uire
d by
the
Cor
ps a
re n
ot
elig
ible
for
Cat
egor
y 2.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
9
AC
TIV
ITY
C
AT
EG
OR
Y 1
C
AT
EG
OR
Y 2
(g)
MIS
CE
LL
-A
NE
OU
S
(con
tin
ued
)
7. S
hell
fish
see
ding
(br
ushi
ng th
e fl
ats9 )
proj
ects
. 8.
Mar
ine
rail
way
wor
k no
t eli
gibl
e fo
r m
aint
enan
ce7 (
i.e. n
ot c
urre
ntly
se
rvic
eabl
e7 or
in n
on-c
ompl
ianc
e) m
ay b
e re
plac
ed “
in-k
ind”
wit
h m
inor
dev
iati
ons7
prov
ided
:
Wor
k is
in th
e in
tert
idal
zon
e
No
fill
exp
ansi
on b
elow
hig
h ti
de li
ne.
W
ork
cond
ucte
d in
-the
-dry
dur
ing
low
wat
er o
r in
-wat
er b
etw
een
Nov
. 8 –
Apr
. 9.
9. T
est p
lots
<10
0 S
F f
or th
e pl
anti
ng o
f w
etla
nd s
peci
es n
ativ
e to
the
area
. N
o gr
adin
g, n
o st
ruct
ures
, no
plan
t gro
win
g de
vice
s an
d no
in
terf
eren
ce w
ith
navi
gati
on, w
hich
req
uire
at l
east
Cat
egor
y 2
revi
ew.
10. A
ny w
ork
not c
omm
ence
d no
r co
mpl
eted
that
was
aut
hori
zed
in a
w
ritt
en le
tter
fro
m th
e C
orps
und
er th
e P
GP
in e
ffec
t bet
wee
n O
ctob
er
11, 2
005
and
Oct
ober
11,
201
0. T
he te
rms
and
gene
ral c
ondi
tion
s of
this
G
P a
pply
alo
ng w
ith
any
spec
ial c
ondi
tion
s in
the
wri
tten
aut
hori
zati
on
En
dn
otes
/Def
init
ion
s 1 B
ord
erin
g an
d C
onti
guou
s W
etla
nd
s: A
bor
deri
ng w
etla
nd is
imm
edia
tely
nex
t to
its
adja
cent
wat
erbo
dy a
nd m
ay li
e at
, or
belo
w, t
he o
rdin
ary
high
wat
er
mar
k (m
ean
high
wat
er in
nav
igab
le w
ater
s) o
f th
at w
ater
body
and
is d
irec
tly
infl
uenc
ed b
y it
s hy
drol
ogic
reg
ime.
Con
tigu
ous
wet
land
s ex
tend
land
war
d fr
om
thei
r ad
jace
nt w
ater
body
to a
poi
nt w
here
a n
atur
al o
r m
anm
ade
disc
onti
nuity
exi
sts.
Con
tigu
ous
wet
land
s in
clud
e bo
rder
ing
wet
land
s as
wel
l as
wet
land
s th
at a
re
situ
ated
imm
edia
tely
abo
ve th
e or
dina
ry h
ighw
ater
mar
k an
d ab
ove
the
norm
al h
ydro
logi
c in
flue
nce
of th
eir
adja
cent
wat
erbo
dy.
Not
e, w
ith
resp
ect t
o th
e fe
dera
lly
desi
gnat
ed n
avig
able
riv
ers,
the
wet
land
s bo
rder
ing
and
cont
iguo
us to
the
tida
lly
infl
uenc
ed p
orti
ons
of th
ose
rive
rs a
re r
evie
wed
und
er “
II. N
avig
able
W
ater
s.”
2 Dir
ect,
Sec
ond
ary,
an
d C
um
ula
tive
Im
pac
ts/E
ffec
ts:
Dir
ect I
mpa
cts:
The
imm
edia
te lo
ss o
f aq
uati
c ec
osys
tem
wit
hin
the
foot
prin
t of
the
fill
. S
econ
dary
Im
pact
s : T
hese
are
eff
ects
on
an a
quat
ic e
cosy
stem
that
are
ass
ocia
ted
wit
h a
disc
harg
e of
dre
dged
or
fill
mat
eria
ls, b
ut d
o no
t res
ult f
rom
the
actu
al
plac
emen
t of
the
dred
ged
or f
ill m
ater
ial.
Info
rmat
ion
abou
t sec
onda
ry e
ffec
ts o
n aq
uati
c ec
osys
tem
s sh
all b
e co
nsid
ered
pri
or to
the
time
fina
l sec
tion
404
act
ion
is ta
ken
by p
erm
itti
ng a
utho
riti
es.
Som
e ex
ampl
es o
f se
cond
ary
effe
cts
on a
n aq
uati
c ec
osys
tem
are
a)
fluc
tuat
ing
wat
er le
vels
in a
ll im
poun
dmen
t and
do
wns
trea
m a
ssoc
iate
d w
ith
the
oper
atio
n of
a d
am, b
) se
ptic
tank
leac
hing
and
sur
face
run
off
from
res
iden
tial
or
com
mer
cial
dev
elop
men
ts o
n fi
ll, a
nd c
) le
acha
te
and
runo
ff f
rom
a s
anit
ary
land
fill
loca
ted
in w
ater
s of
the
U.S
. P
ut a
noth
er w
ay, s
econ
dary
eff
ects
are
thos
e im
pact
s ou
tsid
e th
e fo
otpr
int o
f th
e fi
ll th
at a
rise
fro
m
and
are
asso
ciat
ed w
ith
the
disc
harg
e of
dre
dged
or
fill
mat
eria
l, in
clud
ing
the
oper
atio
n of
an
acti
vity
or
faci
lity
ass
ocia
ted
wit
h th
e di
scha
rge.
Exa
mpl
es m
ay
incl
ude
habi
tat f
ragm
enta
tion
; int
erru
ptio
n of
trav
el c
orri
dors
for
wil
dlif
e (f
or e
xam
ple,
for
am
phib
ians
that
mig
rate
to a
nd f
rom
sea
sona
l or
vern
al p
ools
use
d as
br
eedi
ng h
abita
t); h
ydro
logi
c re
gim
e ch
ange
s; a
nd im
pact
s fr
om o
pera
tion
and
mai
nten
ance
act
ivit
ies
for
cons
truc
ted
faci
liti
es; s
uch
as n
oise
/lig
htin
g, s
torm
wat
er
runo
ff, a
nd r
oad
kill
of
wet
land
dep
ende
nt w
ildl
ife.
Usi
ng th
e di
rect
ions
con
tain
ed in
the
guid
elin
es, w
e co
nsid
er th
e ci
rcum
stan
ces
of a
pro
pose
d di
scha
rge
and
the
pr
ojec
t of
whi
ch it
is a
par
t to
eval
uate
the
scop
e, e
xten
t, se
veri
ty, a
nd p
erm
anen
ce o
f di
rect
, sec
onda
ry, a
nd c
umul
ativ
e ad
vers
e ef
fect
s up
on th
e aq
uati
c ec
osys
tem
.
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
10
Cum
ulat
ive
Impa
cts:
The
ext
ent o
f pa
st, p
rese
nt, a
nd f
ores
eeab
le d
evel
opm
ents
in th
e ar
ea m
ay b
e an
impo
rtan
t con
side
rati
on in
eva
luat
ing
the
sign
ific
ance
of
a pa
rtic
ular
pro
ject
's im
pact
s. A
ltho
ugh
the
impa
cts
asso
ciat
ed w
ith
a pa
rtic
ular
dis
char
ge m
ay b
e m
inor
, the
cum
ulat
ive
effe
ct o
f nu
mer
ous
sim
ilar
dis
char
ges
can
resu
lt in
a la
rge
impa
ct. C
umul
ativ
e im
pact
s sh
ould
be
esti
mat
ed o
nly
to th
e ex
tent
that
they
are
rea
sona
ble
and
prac
tica
l. 3 S
pec
ial A
qu
atic
Sit
es:
Incl
udes
wet
land
s an
d sa
ltm
arsh
, mud
flat
s, r
iffl
es a
nd p
ools
, and
veg
etat
ed s
hall
ows
(pre
dom
inan
tly
com
pris
ed o
f ee
lgra
ss in
Mai
ne).
4 C
onst
ruct
ion
Mat
s: C
onst
ruct
ions
, sw
amp
and
tim
ber
mat
s (h
erei
n re
ferr
ed to
as
“con
stru
ctio
n m
ats”
) ar
e ge
neri
c te
rms
used
to d
escr
ibe
stru
ctur
es th
at
dist
ribu
te e
quip
men
t wei
ght t
o pr
even
t wet
land
dam
age
whi
le f
acil
itat
ing
pass
age
and
prov
idin
g w
ork
plat
form
s fo
r w
orke
rs a
nd e
quip
men
t. T
hey
are
com
pris
ed
of s
heet
s or
mat
s m
ade
from
a v
arie
ty o
f m
ater
ials
in v
ario
us s
izes
. A
tim
ber
mat
con
sist
s of
larg
e ti
mbe
rs b
olte
d or
cab
led
toge
ther
. C
ordu
roy
road
s, w
hich
are
no
t con
side
red
to b
e co
nstr
ucti
on m
ats,
are
cut
tree
s an
d/or
sap
lings
wit
h th
e cr
owns
and
bra
nche
s re
mov
ed, a
nd th
e tr
unks
line
d up
nex
t to
one
anot
her.
Cor
duro
y ro
ads
are
typi
call
y in
stal
led
as p
erm
anen
t str
uctu
res.
Lik
e co
nstr
ucti
on m
ats,
they
are
con
side
red
as f
ill w
heth
er th
ey’r
e in
stal
led
tem
pora
rily
or
perm
anen
tly.
5 V
ern
al P
ools
: A
ver
nal p
ool,
also
ref
erre
d to
as
a se
ason
al f
ores
t poo
l, is
a te
mpo
rary
to s
emi-
perm
anen
t bod
y of
wat
er o
ccur
ring
in a
sha
llow
dep
ress
ion
that
ty
pica
lly f
ills
dur
ing
the
spri
ng o
r fa
ll a
nd m
ay d
ry d
urin
g th
e su
mm
er. V
erna
l poo
ls h
ave
no p
erm
anen
t inl
et o
r ou
tlet
and
no
viab
le p
opul
atio
ns o
f pr
edat
ory
fish
. A
ver
nal p
ool m
ay p
rovi
de th
e pr
imar
y br
eedi
ng h
abita
t for
woo
d fr
ogs
(Ran
a sy
lvat
ica)
, spo
tted
sala
man
ders
(A
mby
stom
a m
acul
atum
), b
lue-
spot
ted
sala
man
ders
(A
mby
stom
a la
tera
le),
and
fai
ry s
hrim
p (E
ubra
nchi
pus
sp.)
, as
wel
l as
valu
able
hab
itat
for
oth
er p
lant
s an
d w
ildl
ife,
incl
udin
g se
vera
l rar
e, th
reat
ened
, and
en
dang
ered
spe
cies
. A
ver
nal p
ool i
nten
tion
ally
cre
ated
for
the
purp
oses
of
com
pens
ator
y m
itig
atio
n is
incl
uded
in th
is d
efin
ition
. F
or th
e pu
rpos
es o
f th
is G
P, t
he
pres
ence
of
any
of th
e fo
llow
ing
spec
ies
in a
ny li
fe s
tage
in a
ny a
bund
ance
leve
l/qu
anti
ty w
ould
des
igna
te th
e w
ater
body
as
a ve
rnal
poo
l: f
airy
shr
imp,
blu
e sp
otte
d sa
lam
ande
rs, s
pott
ed s
alam
ande
rs o
r w
ood
frog
s. T
he C
orps
may
det
erm
ine
duri
ng a
Cat
egor
y 2
revi
ew th
at a
wat
erbo
dy s
houl
d no
t be
regu
late
d as
a V
P
base
d on
ava
ilab
le e
vide
nce.
For
the
purp
oses
of
this
GP
*, th
e V
P M
anag
emen
t Are
as a
re th
e: V
erna
l Poo
l Dep
ress
ion
(inc
lude
s th
e ve
rnal
poo
l dep
ress
ion
up to
th
e sp
ring
or
fall
hig
h w
ater
mar
k, a
nd in
clud
es a
ny v
eget
atio
n gr
owin
g w
ithi
n th
e de
pres
sion
), V
erna
l Poo
l Env
elop
e (a
rea
wit
hin
100
FT
of
the
VP
Dep
ress
ion’
s ed
ge)
and
Cri
tica
l Ter
rest
rial
Hab
itat
(ar
ea w
ithi
n 10
0-75
0 F
T o
f th
e V
erna
l Poo
l Dep
ress
ion’
s ed
ge).
[*N
ote:
Cri
tica
l Ter
rest
rial
Hab
itat
is d
efin
ed a
s 10
0 -7
50
FT
on
page
243
of
the
docu
men
t “S
cien
ce a
nd C
onse
rvat
ion
of V
erna
l Poo
ls in
Nor
thea
ster
n N
orth
Am
eric
a,”
Cal
houn
and
deM
ayna
dier
, 200
8, w
hich
is
refe
renc
ed in
App
endi
x E
, pag
e 3,
Par
agra
ph 1
0(b)
. 6 W
ater
Div
ersi
ons:
Wat
er d
iver
sion
s ar
e ac
tivi
ties
suc
h as
byp
ass
pum
ping
or
wat
er w
ithd
raw
als.
Tem
pora
ry f
lum
e pi
pes,
cul
vert
s or
cof
ferd
ams
whe
re n
orm
al
flow
s ar
e m
aint
aine
d w
ithi
n th
e st
ream
bou
ndar
y’s
conf
ines
are
n’t w
ater
div
ersi
ons.
“N
orm
al f
low
s” a
re d
efin
ed a
s no
cha
nge
in f
low
fro
m p
re-p
roje
ct c
ondi
tion
s.
7 M
ain
ten
ance
: a
) In
acc
orda
nce
wit
h 33
CF
R 3
23.4
(a)(
2), a
ny d
isch
arge
of
dred
ged
or f
ill m
ater
ial t
hat m
ay r
esul
t fro
m a
ny o
f th
e fo
llow
ing
activ
itie
s is
not
pr
ohib
ited
by
or o
ther
wis
e su
bjec
t to
regu
lati
on u
nder
Sec
tion
404
of
the
CW
A: “
Mai
nten
ance
, inc
ludi
ng e
mer
genc
y re
cons
truc
tion
of
rece
ntly
dam
aged
par
ts, o
f cu
rren
tly
serv
icea
ble
stru
ctur
es s
uch
as d
ikes
, dam
s, le
vees
, gro
ins,
rip
rap,
bre
akw
ater
s, c
ause
way
s, b
ridg
e ab
utm
ents
or
appr
oach
es, a
nd tr
ansp
orta
tion
str
uctu
res.
M
aint
enan
ce d
oes
not i
nclu
de a
ny m
odif
icat
ion
that
cha
nges
the
char
acte
r, s
cope
, or
size
of
the
orig
inal
fil
l des
ign.
” O
ther
wis
e, th
e fo
llow
ing
wor
k is
reg
ulat
ed
and
subj
ect t
o th
e C
ateg
ory
1 or
2 th
resh
olds
in A
ppen
dix
A a
bove
: The
rep
air,
reh
abil
itat
ion,
or
repl
acem
ent o
f an
y pr
evio
usly
aut
hori
zed,
cur
rent
ly s
ervi
ceab
le
stru
ctur
e or
fil
l, or
of
any
curr
ently
ser
vice
able
str
uctu
re o
r fi
ll a
utho
rize
d by
33
CF
R 3
30.3
– “
Act
ivit
ies
occu
rrin
g be
fore
cer
tain
dat
es,”
pro
vide
d th
at th
e st
ruct
ure
or f
ill i
s no
t to
be p
ut to
use
s di
ffer
ing
from
thos
e us
es s
peci
fied
or
cont
empl
ated
for
it in
the
orig
inal
per
mit
or
the
mos
t rec
entl
y au
thor
ized
mod
ific
atio
n.
b)
Min
or d
evia
tion
s in
the
stru
ctur
e’s
conf
igur
atio
n or
fil
led
area
, inc
ludi
ng th
ose
due
to c
hang
es in
mat
eria
ls, c
onst
ruct
ion
tech
niqu
es, o
r cu
rren
t con
stru
ctio
n co
des
or s
afet
y st
anda
rds
that
are
nec
essa
ry to
mak
e re
pair
, reh
abil
itat
ion,
or
repl
acem
ent a
re a
utho
rize
d. c
) C
urre
ntly
ser
vice
able
mea
ns u
seab
le a
s is
or
wit
h so
me
mai
nten
ance
, but
not
so
degr
aded
as
to e
ssen
tial
ly r
equi
re r
econ
stru
ctio
n. d
) N
o se
awar
d ex
pans
ion
for
bulk
head
s or
any
oth
er f
ill a
ctiv
ity
is c
onsi
dere
d C
ateg
ory
1 m
aint
enan
ce.
e) O
nly
stru
ctur
es o
r fi
lls
that
wer
e pr
evio
usly
aut
hori
zed
and
are
in c
ompl
ianc
e w
ith
the
term
s an
d co
ndit
ion
of th
e or
igin
al
auth
oriz
atio
n ca
n be
mai
ntai
ned
as a
non
-reg
ulat
ed a
ctiv
ity u
nder
33
CF
R 3
23.4
(a)(
2), o
r in
acc
orda
nce
wit
h th
e C
ateg
ory
1 or
2 th
resh
olds
in A
ppen
dix
A.
f) T
he
stat
e’s
mai
nten
ance
pro
visi
ons
may
dif
fer
from
the
Cor
ps a
nd m
ay r
equi
re r
epor
ting
and
wri
tten
aut
hori
zati
on f
rom
the
stat
e. g
) C
onta
ct th
e C
orps
to d
eter
min
e w
heth
er s
trea
m c
ross
ing
repl
acem
ents
req
uire
a w
ritt
en a
ppli
cati
on to
the
Cor
ps f
or a
t lea
st a
Cat
egor
y 2
revi
ew.
8 A
qu
atic
Hab
itat
Res
tora
tion
, Est
abli
shm
ent
and
En
han
cem
ent:
The
Cor
ps w
ill d
ecid
e if
a p
roje
ct q
uali
fies
and
mus
t det
erm
ine
in c
onsu
ltat
ion
wit
h fe
dera
l an
d st
ate
agen
cies
that
the
net e
ffec
ts a
re b
enef
icia
l. T
he C
orps
may
ref
er to
Nat
ionw
ide
Per
mit
27
publ
ishe
d in
the
3/12
/07
Fede
ral R
egis
ter.
Act
ivit
ies
auth
oriz
ed h
ere
may
incl
ude,
but
are
not
lim
ited
to: t
he r
emov
al o
f ac
cum
ulat
ed s
edim
ents
; the
inst
alla
tion
, rem
oval
, and
mai
nten
ance
of
smal
l wat
er c
ontr
ol
stru
ctur
es, d
ikes
, and
ber
ms;
the
inst
alla
tion
of
curr
ent d
efle
ctor
s; th
e en
hanc
emen
t, re
stor
atio
n, o
r es
tabl
ishm
ent o
f ri
ffle
and
poo
l str
eam
str
uctu
re; t
he p
lace
men
t
Mai
ne G
P –
App
endi
x A
O
ctob
er 2
010
11
of in
-str
eam
hab
itat
str
uctu
res;
mod
ific
atio
ns o
f th
e st
ream
bed
and
/or
bank
s to
res
tore
or
esta
blis
h st
ream
mea
nder
s; th
e ba
ckfi
llin
g of
art
ific
ial c
hann
els
and
drai
nage
dit
ches
; the
rem
oval
of
exis
ting
dra
inag
e st
ruct
ures
; the
con
stru
ctio
n of
sm
all n
esti
ng is
land
s in
inla
nd w
ater
s; th
e co
nstr
ucti
on o
f op
en w
ater
are
as; t
he
cons
truc
tion
of
nati
ve s
hell
fish
spe
cies
hab
itat
ove
r un
vege
tate
d bo
ttom
for
the
purp
ose
of h
abit
at p
rote
ctio
n or
res
tora
tion
in ti
dal w
ater
s; s
hell
fish
see
ding
; ac
tivi
ties
nee
ded
to r
eest
abli
sh v
eget
atio
n, in
clud
ing
plow
ing
or d
isci
ng f
or s
eed
bed
prep
arat
ion
and
the
plan
ting
of
appr
opri
ate
wet
land
spe
cies
; mec
hani
zed
land
cl
eari
ng to
rem
ove
non-
nati
ve in
vasi
ve, e
xoti
c, o
r nu
isan
ce v
eget
atio
n; a
nd o
ther
rel
ated
act
ivit
ies.
Onl
y na
tive
pla
nt s
peci
es s
houl
d be
pla
nted
at t
he s
ite.
9 B
rush
ing
the
Fla
ts:
The
pla
cem
ent o
f tr
ee b
ough
s, w
oode
n la
th s
truc
ture
, or
smal
l-m
esh
fenc
ing
on m
udfl
ats
to e
nhan
ce r
ecru
itm
ent o
f so
ft-s
hell
cla
ms
(Mya
ar
enar
ia).
10
Mai
nte
nan
ce D
red
gin
g: T
his
incl
udes
onl
y th
ose
area
s an
d de
pths
pre
viou
sly
auth
oriz
ed b
y th
e C
orps
and
dre
dged
.
11 B
oati
ng
Fac
ilit
ies:
Fac
ilit
ies
that
pro
vide
for
a f
ee, r
ent,
or s
ell m
oori
ng s
pace
, suc
h as
mar
inas
, yac
ht c
lubs
, boa
t clu
bs, b
oat y
ards
, tow
n fa
cili
ties
, do
ckom
iniu
ms,
etc
. 12
Fed
eral
Nav
igat
ion
Pro
ject
s (F
NP
s):
FN
Ps
are
com
pris
ed o
f F
eder
al C
hann
els
and
Fed
eral
Anc
hora
ges.
See
App
endi
x F
for
thei
r lo
cati
on a
nd c
onta
ct th
e C
orps
for
mor
e in
form
atio
n. “
Hor
izon
tal L
imit
s” is
the
oute
r ed
ge o
f an
FN
P. “
Buf
fer
Zon
e” is
equ
al to
thre
e ti
mes
the
auth
oriz
ed d
epth
of
that
cha
nnel
. 13
Hor
izon
tal L
imit
s: T
he o
uter
edg
e of
a F
eder
al N
avig
atio
n P
roje
ct (
FN
P).
See
App
endi
x F
and
con
tact
the
Cor
ps f
or in
form
atio
n on
FN
P’s
. 14
Eel
gras
s (Z
oste
ra m
arin
a):
A ty
pe o
f ro
oted
aqu
atic
veg
etat
ion
that
exi
sts
in in
tert
idal
and
sha
llow
sub
tida
l are
as k
now
n as
veg
etat
ed s
hall
ows.
See
w
ww
.ner
o.no
aa.g
ov/h
cd/ f
or e
elgr
ass
surv
ey g
uida
nce.
15
Str
uct
ure
s: T
he h
eigh
t of
stru
ctur
es s
hall
at a
ll p
oint
s be
equ
al to
or
exce
ed th
e w
idth
of
the
deck
. For
the
purp
ose
of th
is d
efin
itio
n, h
eigh
t sha
ll b
e m
easu
red
from
the
mar
sh s
ubst
rate
to th
e bo
ttom
of
the
long
itud
inal
sup
port
bea
m.
Town: Augusta-China PIN #: 19150.00 Date: 4/18/13
SPECIAL PROVISION
SECTION 105 General Scope of Work
(Environmental Requirements) In-Water work consists of any activity conducted below the normal high water mark of a river, steam, brook, lake, pond or “Coastal Wetland” areas that are subject to tidal action during the highest tide level for the year which an activity is proposed as identified in the tide tables published by the National Ocean Service. http://www.oceanservice.noaa.gov/ For the full definition of “Coastal Wetlands”, please refer to 38 MRSA 480-B(2) I. In-Water Work shall not be allowed between the dates of 10/2 and 7/15.
(In-Water work is allowed from 7/15 to 10/1.)
II. In-Water work window applies to the following water bodies at the following station #’s: 1. 332+95 2. 420+90 3. 448+64 4. 504+35
III. Special Conditions: 1. See ACOE Permit pages 2-3 2. See pages 2 through 4 of this SP 105 for all special conditions and excerpts from the Section 7 BA.
IV. Approvals:
1. Temporary Soil Erosion and Water Pollution Control Plan V. All activities are prohibited (including placement and removal of cofferdams unless otherwise permitted by
Regulatory Agencies) below the normal high water mark if outside the prescribed in-water work window, except for the following:
1. Work within a cofferdam constructed according to MaineDOT’s Standard Specifications and in
adherence with the contractors approved “Soil Erosion and Water Pollution Control Plan”.
VI. No work is allowed that completely blocks a river, stream, or brook without providing downstream flow. When working in Tidal streams flow needs to be provided in both directions NOTE: Regulatory Review and Approval is required to modify the existing In-Water work window.
Corps of Engineers Permit No. NAE-2013-00489 Permit Conditions Resulting From
Informal Endangered Species Act Consultation Between US Fish & Wildlife Service ("USFWS") and the Federal Highway Administration ("FHWA")
(Reference USFWS Biological Opinion ("BO") dated "March 28, 2013" and the DOT/FHWA Biological Assessment ("BA") dated "February 25, 2013")
1. The permittee and contractor shall comply with all terms and conditions of this permit and with the permittee's construction plan. Modifications to the approved plan may require re- initiation of Endangered Species Consultation between the Corps and Service and therefore, should not be implemented without first contacting the Corps. 2. All projects authorized by this permit shall be designed in accordance with Maine DOT's 2008 Waterway and Wildlife Crossing Policy and Design Guide
3. A fish evacuation plan must be implemented by appropriate Maine DOT staff during construction and dewatering of all cofferdams. to carefully remove fish from the work area. 4. All instream work (which includes the installation and removal of cofferdams, as well as other activities) shall be conducted according to the work windows specified in the BA. 5. Any cofferdam constructed as part of the authorized projects shall adhere to the specifications contained in Section 2.0 (Cofferdam Descriptions) of the BA. (Section 4.1.4 of the BA) 6. All culvert installations authorized by this permit must adhere to the specifications contained in Section 2.1 (Culvert . Replacement Projects) of the BA. 7. Maine DOT and their contractors s h a II minimize the potential for impacts to Atlantic salmon habitat by conducting all construction activities for each project in accordance with the Maine DOT approved Soil Erosion and Water Pollution Control Plan. 8. Maine DOT shall use a screen on each pump intake sufficiently large enough that the approach velocity does not exceed 0.20 ftls. Designing the screen for these approach velocities will minimize screen contact and/or impingement of juvenile fish. Square or round screen face openings not to exceed 2.38 mm (3/32 inch) on a diagonal. Criteria for slotted face opening must not exceed 1.75mm (approximately 1/16111 inch) in the narrow direction. Intake hoses shall be regularly monitored while pumping. 9. Maine DOT or their contractor will follow measures designed to avoid effects to rivers and streams from hazardous materials associated with construction activities, including: a. All vehicles refueling shall occur more than 100 feet from any water course. b. All vehicles carrying fuel shall have specific equipment and materials needed to contain or clean up any incidental spills at the project site. Equipment and materials would include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms. c. During use, all pumps and generators shall have appropriate spill containment structures and/or absorbent pads in place. d. All equipment used for instream work shall be cleaned of external oil, grease, dirt, and mud. Any leaks or accumulations of grease would be corrected before entering streams or areas that drain directly to streams or wetlands. 10. Noxious Weeds: All off-road equipment and vehicles (operating off of existing open and maintained roads) must be cleaned prior to entering the construction site(s) to remove all soil, seeds, vegetation, or other debris that could contain seeds or reproductive portions of plants. Equipment operators may employ whatever cleaning methods are necessary to ensure that offroad equipment is free of the above material prior to entering the easement portion of the access road. The equipment will be inspected prior to off-loading. 11. All cofferdams shall be removed from the stream immediately following completion of construction, allowing for minor delays due to high stream flows following heavy precipitation, so that fish and other aquatic life passage is not unnecessarily restricted. If a project is not completed but there will be substantial delays in construction, cofferdams will need to be at least partially removed to allow unobstructed fish passage until construction resumes. 12. If any listed Atlantic salmon is encountered in the project areas of this permit, including dewatering of coffer dams, all work must cease and USFWS (Maine Field Office; 207-866-3344) and the Corps (Maine Project Office; 207-623-8367) shall be contacted immediately. Work may not resume until the Corps and the USFWS conclude supplemental endangered species consultation as necessary. 13. All areas of temporary waterway or wetland fill will be restored to their original contour and character upon completion of the projects. 14. Disturbed areas adjacent to streams will be stabilized andre-vegetated with a seed mix and tree/shrub plantings appropriate for riparian areas in Maine. Only native species that reflect the existing natural riparian community in the general area may be used. The permittee shall take all available and practicable steps to ensure that tree/shrub plantings remain viable and are protected from future disturbance. 15. A post-project report, confirming completion of construction and the successful application of all terms and conditions of this permit, shall be submitted within four (4) weeks of project completion. The report shall include, but not be limited to, a narrative
and photos documenting project elements outlined in the construction plan and referenced in these conditions e.g. installation of erosion control measures, installation of the work platform, and debris removal. This report may accompany the Compliance Certification Form referenced in Condition 16. 16. This authorization requires you to 1) notify us before beginning work so we may inspect the project, and 2) submit a Compliance Certification Form. You must complete and return the enclosed Work Start Notification Form{s) to this office at least two weeks before the anticipated starting date. You must complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work and any required mitigation {but not mitigation monitoring, which requires separate submittals}. 18. The permittee shall assure that a copy of this permit is at the work site whenever work is being performed and that all personnel performing work at the site of the work authorized by this permit are fully aware of the terms and conditions of the permit. This permit, including its drawings and any appendices and other attachments, shall be made a part of any and all contracts and sub-contracts for work which affects areas of Corps of Engineers' jurisdiction at the 'site of the work authorized by this permit. This shall be done by including the entire permit in the specifications for the work. If the permit is issued after construction specifications but before receipt of bids or quotes, the entire permit shall be included as an addendum to the specifications. The term "entire permit" includes permit amendments. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub- contractors shall be obligated by contract to comply with all environmental protection provisions of the entire permit, and no contract or sub-contract shall require or allow unauthorized work in areas of Corps of Engineers jurisdiction.
Excerpts from DOT/FHWA Biological Assessment ("BA") dated "February 25, 2013"
Cofferdam Placement Cofferdams, which can consist of various materials including sheet pile, sand bags, industrial sandbags, or an inflatable dam, would be placed to keep water out of the work area by blocking flow both upstream and downstream. This has the added benefit of keeping all sediment released by construction in the dry work area where it can be removed before stream flow is restored. 1. The upstream cofferdam would be installed first. Heavy duty plastic sheeting would be laid along the width of the stream when practicable. The sand bags would then be placed on the plastic up to a height somewhat higher than the current level of the stream, working from the stream bank to the center. 2. The excess plastic would then be folded over the dam in the upstream direction and another layer of sand bags would be laid on the plastic to help seal the dam from infiltration. The plastic would be extended along the stream bottom as far upstream as practicable. 3. The downstream cofferdam would then be installed. This second dam is a safeguard against a failure of the upstream dam. Most cofferdams leak somewhat, so a pump may be placed within the work area to catch accumulating water, which would then be pumped into the “dirty water” treatment system. Stream Diversion Stream flow can be diverted around the work area either by pumping it around through hoses or by diverting flow through a temporary culvert or plastic sheet-lined channel installed next to the stream using sandbags, sheet piles, jersey barriers, etc. The description below outlines the process for using pumps and hoses to divert flow from one side of a project to the other. 1. Prior to in-stream work, a diversion culvert may be placed under the road away from the stream to run a diversion hose. This protects the hose during the construction activities. Another common way of doing this is running the hose over the road and blocking up around it with wood to protect it from traffic. 2. The intake hose will be placed at the upstream end of the culvert, just upstream of the cofferdam. In order to minimize impact on the streambed, the hose end will be placed in a bucket and/or the stream bottom will be lined with geotextile fabric. A screen will be placed at the intake hose end to prevent injury to fish and entrapment within the work area. To prevent fish entrainment into the hose, the screen openings shall not exceed 3/32-inches (2.38 mm) in the narrow direction. In order to prevent impingement of Atlantic salmon parr on the screened intake hoses, additional barriers consisting of either placing the intake within a 5-gallon bucket or creating a barrier with a ¼-in (6.35 mm) knotless block seine around the perimeter of the intake will be utilized. Other additional barriers, including barriers made of sand bags, plastic sheeting, or other suitable materials may be utilized depending on site conditions. The approach velocity will be kept below 0.2 ft/second (0.06 m/sec) to avoid impingement of Atlantic salmon juvenile (NMFS 2008). 3. The gasoline diversion pumps will then be setup as far away from the stream as possible. The number and size of pumps used varies depending on the water level present when the work is being conducted. 4. Non-woven geotextile fabric will be laid along the streambed to protect the stream from scour caused by the high water velocity coming from the hose(s) at the downstream end. “Dirty Water” Treatment System Installation
After the cofferdams and water diversion pumps have diverted the stream around the work area, it will be necessary to dewater the work area itself. This water will be pumped into a sediment basin for filtration. 1. The system will be installed according to MaineDOT’s BMP Manual (MaineDOT 2008) 2. The sediment basin will either be comprised of hay bales or “dirt bags”. Sometimes erosion control fabric is placed under the hay bale filter to catch sediment. These sediments will be disposed of away from the stream in a manner that they cannot erode back into the stream. 3. The sediment basin will be located close to the project location with adequate vegetation between it and the stream to act as a filter. Pumping A) Hoses will be setup between the treatment basin and the downstream scour pool within the work area. B) The “dirty water” pump(s) will then be started in the downstream scour pool C) The pool will be slowly dewatered and any stranded aquatic organisms, (including Atlantic salmon) will be caught and transferred to the downstream channel by a MaineDOT biologist. D) The work area will then be pumped dry, with this water going to the “dirty water” treatment system prior to its release back into the stream. E) If there is leakage around the cofferdam, or upwelling in the work area, pockets will be excavated in the work area to collect the water. This water will be pumped into the “dirty water” system for treatment, prior to its release back into the stream.
Culvert Replacements Once flow is diverted and the work area is dewatered, the culvert installation can commence. At this point, the crews are working in the dry and there is no sediment being released into the stream. All pumps, hoses, dams, and the sediment basin are monitored closely and maintained throughout construction. The culvert will be installed and embedded in the dry stream bed. The culvert will have material similar to the adjacent stream installed inside to create a natural substrate bottom. When the culvert and rip rap installation is complete, all headwalls, disturbed areas, and permanent drainage ditches are stabilized with final treatments, using BMP and permanent erosion controls as necessary. Closeout Procedures 1. The upstream “dirty water” pump will then be removed. 2. The diversion pump system will be stopped and the upstream cofferdam will slowly be breached. The first flush of dirty water will be captured by the downstream “dirty water” pump, which will then pump the water into the dirty water treatment system. 3. When the water behind the remaining intact cofferdam is clean, that dam will be breached as well. 4. The remainder of the upstream cofferdam and the diversion pump system will then be removed. 5. All disturbed areas will be stabilized, and all permanent erosion control BMPs will be installed.
Any work that is not expected to be inundated with water will employ proper BMPs as stated in MaineDOT Best Management Practices for Erosion and Sedimentation Control (MaineDOT 2008). In some areas the construction of the retaining wall would start
on ledge, while in other areas they would start on fill.
Augusta-China WIN 19150.00
April 1, 2013 SPECIAL PROVISION
SECTION 656 Temporary Soil Erosion and Water Pollution Control
Special Provision 656 - Page 1 of 3
The following is added to Section 656 regarding Project Specific Information and Requirements. All references to the Maine Department of Transportation Best Management Practices for Erosion and Sedimentation Control (a.k.a. Best Management Practices manual or BMP Manual) are a reference to the latest revision of said manual. The latest version is dated "February 2008” (available at http://www.maine.gov/mdot/environmental-office-homepage/surface-water-resources.php .) Procedures specified shall be according to the BMP Manual unless stated otherwise.
Project Specific Information and Requirements
The following information and requirements apply specifically to this Project. The temporary soil erosion and water pollution control measures associated with this work shall be addressed in the Soil Erosion and Water Pollution Control Plan (SEWPCP.)
This project is in the Kennebec watershed, which is listed as an Atlantic Salmon Distinct Population Segment and is considered SENSITIVE in accordance with section IID of the 2008 BMP Manual. The Contractor’s SEWPCP shall include the following:
Due to the project sensitivity, CONSTRUCTION SHALL BE PHASED to limit the amount of disturbed area. The Contractor’s SEWPCP shall include specific provisions for phasing the work. Each section must be stabilized to the approval of the Maine DOT Resident and the Water Resources Unit before work can begin on any subsequent section. CLEARING LIMIT LINES SHALL BE MINIMIZED. Clearing shall be minimized as shown on the design plans.
Newly disturbed earth shall be mulched or otherwise stabilized by the end of each workday. Mulch shall be maintained on a daily basis.
The Contractor’s SEWPCP shall address in-stream work at the following locations:
STA. 332+95; STA. 420+90; STA. 448+64 and STA. 504+35
Stream flow shall be maintained at all times.
The SEWPCP shall describe the containment method for removal of the existing culvert, including installation of cofferdams and dewatering procedures.
If a cofferdam sedimentation basin is used, it shall be located in an upland area where the water can settle and sink into the ground or be released slowly to the resource in a manner that will not
Augusta-China WIN 19150.00
April 1, 2013 SPECIAL PROVISION
SECTION 656 Temporary Soil Erosion and Water Pollution Control
Special Provision 656 - Page 2 of 3
cause erosion. The location of such a cofferdam sedimentation basin shall be addressed in the SEWPCP.
Prior to release to a natural resource, any impounded water that has been in contact with concrete placed during construction must have a pH between 6.0 and 8.5, must be within one pH unit of the background pH level of the resource, and shall have a turbidity no greater than the receiving resource. This requirement is applicable to concrete that is placed or spilled (including leakage from forms) as well as indirect contact via tools or equipment. Water not meeting release criteria shall be addressed in the SEWPCP. Discharging impounded water to the stream must take place in a manner that does not disturb the stream bottom or cause erosion. The rate of discharge must be less than 20% of the flow rate of the stream.
Prior to release to a natural resource, any impounded water that has been in contact with concrete placed during construction must have a pH between 6.0 and 8.5, must be within one pH unit of the background pH level of the resource and shall have a turbidity no greater than the receiving resource. This requirement is applicable to concrete that is placed or spilled (including leakage from forms) as well as indirect contact via tools or equipment. Water not meeting release criteria shall be addressed in the SEWPCP. Discharging impounded water to the stream must take place in a manner that does not cause erosion or disturb the stream bottom.
If water is flowing within the drainage system, the water shall be diverted to a stable area or conduit and work shall be conducted in the dry. The Contractor’s plan shall address when and where the diversions will be necessary.
All disturbed ditches shall be stabilized by the end of each workday. Stabilization shall be maintained on a daily basis.
Erosion control blanket shall be installed in the bottoms of all ditches except where a stone lining is planned. Seed shall be applied prior to the placement of the blanket.
Permanent slope stabilization measures shall be applied within one week of the last soil disturbance.
Permanent seeding shall be done in accordance with Special Provision, Section 618, Seeding unless the Contract states otherwise.
Culvert inlet and outlet protection shall be installed within 48 hours of culvert installation, or prior to a storm event, whichever is sooner.
The SEWPCP shall describe the location and method of temporary erosion and sediment control for existing and proposed catch basins, outlet areas and culvert inlets and outlets.
Augusta-China WIN 19150.00
April 1, 2013 SPECIAL PROVISION
SECTION 656 Temporary Soil Erosion and Water Pollution Control
Special Provision 656 - Page 3 of 3
The Contractor shall be responsible for monitoring pH with a calibrated meter accurate to 0.1 units. A record of pH measurements shall be kept in the Environmental Coordinator’s log (Section 656.4.4 Inspection and Record Keeping.)
Grout from the post-tensioning socket sealing operation and fresh concrete shall not be allowed to contact the stream. Clean out of concrete delivery trucks and the washing of tools shall be addressed in the SEWPCP.
Temporary winter stabilization must be used between November 1st and April 1st or outside of that time period if the ground is frozen or snow covered. Temporary winter stabilization involves, at a minimum, covering all disturbed soils and seeded ground that is not Acceptable Work with an approved method. If temporary winter stabilization practices are used then spring procedures for permanent stabilization shall also be described in the SEWPCP. Use of these methods for over-winter temporary erosion control will be incidental to the contract and be paid for as part of Pay Item 656.75.
Demolition debris (including debris from wearing surface removal, saw cut slurry, dust, concrete debris, etc.) shall be contained and shall not be allowed to discharge to any resource. All demolition debris shall be disposed of in accordance with Standard Specifications, Section 202.03, Removing Existing Superstructure, Structural Concrete, Railings, Curbs, Sidewalks and Bridges. Containment and disposal of demolition debris shall be addressed in the Contractor's SEWPCP.
Dust control items other than those under Standard Specification, Section 637 – Dust Control, if applicable, shall be included in the plan.
Page 1 of 1
CHINA 19150.00
CULVERT REPLACEMENT NOVEMBER 5, 2012
SPECIAL PROVISION
SECTION 203 EXCAVATION AND EMBANKMENT
(Dredge Materials)
Description: Dredge Material (See MaineDOT Standard Specifications § 101.2) is regulated as a Special Waste. Work associated with the Route 3 Highway Resurfacing initiative in China will require the excavation of select Dredge Material during the replacement of a culvert at Station 332+95. It is anticipated that less than 100-cubic yards of Dredge Material will be excavated. There is onsite Beneficial Use for all of the Dredge Materials. It is acknowledged that the excavation of Dredge for this work may include some boulders. The Maine Department of Environmental Protection has determined that sound boulders (rock 12-inches or more in diameter), that are free of adhering sediment or other contaminants, shall be deemed to be Inert Fill material and shall not be included in the Dredge Material Quantities. The contractor shall Beneficially Use all Dredge Material excavated during the Culvert Replacement work at Station 332+95 in an area adjacent to and draining into the dredged water body. No more than 100-cubic yards of Dredge Material may be excavated.
CONSTRUCTION REQUIREMENTS
Management: The contractor shall Beneficially Use all Dredge Material excavated at the Culvert Replacement work at Station 332+95 in areas adjacent to and draining into the dredged water body. No more than 100-cubic yards of Dredge Material may be excavated at any of the individual culvert sites. Method of Measurement: Dredge Material will be measured by the cubic yard of material removed. Basis of Payment: Payment for the Beneficial Use of Dredge Material will be incidental to the Contract Pay Items. Payment shall be full compensation for excavation, dewatering, managing, transporting, and placement of the Dredge Materials.