Laserfiche WebLink
Folderol Register / VOL $1- No. 219 ) Thursday. November 13. 1998 / Ruder and Regufetions 41255 <br />State. (Thee Phase -m dales are: After <br />July Z5, 1975. discharges .nto navigable <br />waters of the United Slates and <br />adid"no watlarair after September 1. <br />1976. discharges cord, navigable waters <br />of the United Slates sod their primary <br />tributaries. including adjaaeot wetlands. <br />and into natural lakes, pester than 3 <br />aces in surface ere& and after July 1. <br />11177. discharges into all waters of the <br />tinned Slates.) (Section 4041 <br />Ib) Structures or work completed <br />before December 141aee, m in <br />wetarbudies over which Use district <br />engineer had not asserted jurisdiction at <br />the time the activity oecw7*d provided. <br />in both instances. then is no <br />(nterferance with navigation. (Section <br />10) <br />!) 30.4 Oppose resume. <br />to) Chief of Engineers. Upon proposed <br />issuance of new nationwide permits. <br />modification to. or retssuence of. <br />ezintng nationwide perinols the Chief of <br />Engineers will publish a notice in the <br />Federal Registarseeking public <br />comments and including the cppuretnity <br />for a public hearing. Thin notice will <br />state the availability of information at <br />the Office of the Chief of Enrnmrs and <br />at all district offices which most& the <br />Corpi provisional determination that <br />the proposed an3vuies comply with the <br />requirements for issuance under genets <br />permit authority. The Chief of Engineers <br />will prepare this information which will <br />be supplemented of appropriate. by <br />division engineers. <br />(b) Dfarrtct engineers. Concurrent <br />with publication in the Federal Regulate <br />of proposed new, or reissued <br />nationwide parmu by the Chief of <br />Engineers. district engineers will so <br />notify the known interested public by an <br />apprapnate notice. The notice will <br />inrJude regional conditions, if any. <br />developed by the division engineer. <br />9 seas Nationwide p.rnes , <br />(a) Authorised Ocavities. The <br />following activities are hereby permitted <br />provided they meet the conditions listed <br />in paragraph (b) of this mcdon and <br />where required comply with the <br />notification procedures, of i 390.7. <br />(1) The placement of agde to <br />navigation and regulatory markere <br />which m approved by and Installed in <br />accordance with the requirements of the <br />U.S. Coest Guard (33 CFR Part En <br />Subrheptor q. (Section 10) <br />(2) Structural constructed in artificial <br />canal within principally residential <br />developments where the coenemtian of <br />the canal to a navigable water of the <br />United Stales his been prewioGoly <br />authorized (am 33 CFR Pan 322.S(91)• <br />(Section 10) <br />(31 The repair. rehabilitation. at <br />replacement Of any previously <br />oulhoiaad, currently serviceable. <br />structure or fill or of any currently <br />serviceable structure at nu constructed <br />prior to the ngateoment for <br />authonzanon. provided such repair. <br />rehabdisflan, or replacement don not <br />result in a deviation from the plans of <br />the anginal swctars or ftlL and further <br />provided that the structure or fill hap apt <br />been put to uses diffenng from wet <br />apaeilied far it in Ray permit sulhoeigrg <br />its original construceoa. Minor <br />deviations due to changes in materials <br />or ci nswetion taehnigves and which <br />are neceasry to make repair, <br />rehabi4talion. or nplacsment are <br />permitted. Maintenance dredging and <br />beach restoration am not authansed by <br />this nationwide permit. (Section 10 and <br />4041 <br />(4) Fish and wildlife harvesting <br />devices std activities such as pound <br />nets. crab traps. eel pats, )obstercape, <br />duck blinds. and clam and oyster <br />diggung. (Section 10) <br />(51 Staff gages. title gages. water <br />recording devices. water quality testing <br />and improvement devices. and similar <br />scientific structures. (Section ]01 <br />10) Survey activities including con <br />sampling. ssismic exploratory <br />operations. and plugging of imsmuc shot <br />holes and other exploratory-type ban <br />holes. Drilling of exploration -type bore <br />holes foz of and gas exploration is not <br />authorized by this nationwide permit: <br />the plugging of rich holes in auhorizeci. <br />(Sections 70 and 4041. <br />(71 Outfall structure; and associated <br />intake structures where the effluent from <br />that outfall has been permitted under <br />the National Pollutant Dtsehaege <br />Mimmation System progra m ISection <br />402 of the Clean Water Act) (see 40 CFR <br />Part 1221 Provided that the district or <br />division engmaar makes a dedermmatlon <br />that the Individual and cumulative <br />■diverse envtrvomealal effects Of the <br />structure itself tie minimal m <br />accordedicawith I My lc11:1 and (d). <br />intake structures par an are not <br />meluded -only those diroady associated <br />with an Pei structure aw covered by <br />this nationwide permit. this peewit <br />indudim minor oxravation . fining and <br />Oldster work associated lailith hemaltatlm <br />of the Intake add ouden straewrse. <br />(Sections 10 and ON) <br />(a) Struotmu for the exploration, <br />production. and tnaeportatsre of afL <br />gas. and mmeeda se the cause <br />wndnani A& within ""a Implied far <br />such purposes by the Depaetmwt of <br />Interior, Mists cal M ma met Servrrw. <br />provided ths>N druc arm in amt placed <br />within the Hods of any desemL W <br />shipping safaty fairway or i afHo <br />75C -x-80 <br />sepambon sckeme (when such limits <br />have not been designated or when <br />changes set 91111109ated. district <br />engineers will consider recommending <br />the discretionary authority provided by <br />330.8 of two Pert, and further subm tc <br />the provisions of the fairway regulations <br />in 33 CFA $ZLtil1) (Section 10). <br />(9) Structures placed within anchorage <br />or flooding &ran m facilitate, moorage of <br />vemle when much areas have been <br />established for that Purpoas by the U.S. <br />Coast Cussed. (Section 10) <br />(101 Non-Domm wJaL single -boat- <br />mooring buoys. (Section 10) <br />171) Temporary, buoy$ and markers <br />Placed for recreational use such as <br />water skiing and boat rating provided <br />that the buoy or marker is removed <br />vnthm 3e, days after its an hap basil <br />discontinued. At Corps of Engineers <br />reservoirs, the rnervoumanager must <br />Approve each buoy Or marker <br />indvidually. (Section 10) <br />(121 Dlsrbargs of maensl for backftll <br />or bedding for utility lines. mcludinS <br />outfall and intake structures. provided <br />there is no change is preconstrucdon <br />bottom contours (excess m■tenal must <br />he removed to an upland disposal moat. <br />A "utility line" is defined as any pipe or <br />pipeline for the transportation of any <br />gassots, liquid liquifiablc or slurry <br />subatanra_ for any purpose. and any <br />cable. line. or wire for the tra lion <br />for any purpose of electrical energy, <br />telephone end telegraph message$. and <br />radio sued talevsion communication. <br />(The utility Lino and o%*H and intake <br />structures will esquire a Section 10 <br />permit d in navigable warn of the <br />United Slates. See 33 CM pan 372 See <br />also paragraph 1a)(71 of this section). <br />(Section 4041 <br />(131 Bulk stabilization activities <br />provided! <br />IL) The hank ssbilisstloa activity is <br />less than 500 feat in length: <br />(it) The activity is necessary for <br />ato$iw prevadcoa: <br />(iii) The activity is limited to lose than <br />an avenge of tae cubic yard per <br />owning foot placed LION the bank <br />wihin waters of this United Slane: <br />(fv) Nn material is plead in ezcass of <br />tha minim= seeded for erasion <br />protaedos: <br />(vl No reatOial is placed in Lay <br />vrodand ants <br />fvl) No materw is pscod in any <br />location or to say manner an All to <br />impair &office water flow late or Out of <br />any Wetland awe: <br />(vii) Only al■am material free of waste <br />metal Products ■■gamed Mani" <br />itmighriy d■bns. eta is Goad And <br />(Vill) The activity IS • rog6 and <br />Complete Prelecr, (Sections 10 and 404) <br />