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SPECIAL PUBLIC NOTICE
ANNOUNCEMENT OF TIME EXTENSION AND REVISIONS TO GENERAL PERMIT GP-22 FOR CERTAIN MISCELLANEOUS ACTIVITIES WITHIN THE LOUSIANA COASTAL ZONE THAT WILL HAVE MINIMAL INIDIVIDUAL OR CUMULATIVE ADVERSE IMPACTS WITHIN THE NEW ORLEANS DISTRICT
The New Orleans District, Corps of Engineers is hereby issuing a public notice announcing a time extension for GP-22. This general permit authorized certain miscellaneous activities within the Louisiana Coastal Zone that have minimal individual or cumulative adverse impacts within the New Orleans District. The proposed time extension and revision was advertised for public comment on June 26, 2017. All available information and comments were considered in determining whether the overall public interest would be best served by revising and extending this general permit. A copy of the extended general permit is attached.
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
7400 LEAKE AVENUE
NEW ORLEANS, LOUISIANA 70118
REPLY TO
ATTENTION OF
October 30, 2017
Operations Division
Regulatory Branch
SUBJECT: MVN-2005-00765-MG
(General Permit) GP-22
SPECIAL PUBLIC NOTICE
ANNOUNCEMENT OF TIME EXTENSION AND REVISIONS TO GENERAL PERMIT
GP-22 FOR CERTAIN MISCELLANEOUS ACTIVITIES WITHIN THE LOUSIANA
COASTAL ZONE THAT WILL HAVE MINIMAL INIDIVIDUAL OR CUMULATIVE
ADVERSE IMPACTS WITHIN THE NEW ORLEANS DISTRICT
The New Orleans District, Corps of Engineers is hereby issuing a public notice
announcing a time extension for GP-22. This general permit authorized certain
miscellaneous activities within the Louisiana Coastal Zone that have minimal individual
or cumulative adverse impacts within the New Orleans District. The proposed time
extension and revision was advertised for public comment on June 26, 2017. All
available information and comments were considered in determining whether the overall
public interest would be best served by revising and extending this general permit. A
copy of the extended general permit is attached.
In response to the public notice, Louisiana Department of Wildlife and Fisheries
stated that consideration should be given to include "Within a component of a National
Wild and Scenic River System or State Scenic River System without written approval
from the appropriate authority" under the list of exclusions in GP-22. Additionally, the
Environmental Protection Agency requested consideration be given to adding
"mitigation banks" to projects of national concern. The New Orleans District has
granted both requests and the permit has been modified accordingly.
We have reserved the right to modify, suspend, or revoke this general permit any
time we determine it is in the public's interest to do so. Interested parties are invited to
submit written comments or suggestions for modifications or improvement of this
general permit to the Regulatory Branch of this district at any time.
BY THE AUTHORITY OF THE SECRETARY OF THE ARMY:
Martin S. Mayer
Chief, Regulatory Branch
Attachment
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, NEW ORLEANS DISTRICT
7400 LEAKE AVENUE
NEW ORLEANS, LOUISIANA 70118
REPLY TO
ATTENTION OF
Operations Division
Regulatory Branch
SUBJECT:
CEMVN-OD-S (General Permit) GP-22
MVN-2005-00765-MG
(General Permit) GP-22
DEPARTMENT OF THE ARMY GENERAL PERMIT FOR CERTAIN MISCELLANEOUS
ACTIVITIES WITHIN THE LOUISIANA COASTAL ZONE THAT HAVE MINIMAL
INDIVIDUAL OR CUMULATIVE ADVERSE IMPACTS
Authorization No.: (General Permit) GP-22
Effective Date: September 26, 1983
Expiration Date: October 31, 2022
This general permit is superseded by the Programmatic General Permit for
activities regulated by the Louisiana Office of Coastal Management.
Under authorization granted by applicable sections of Parts 320 through 332 of
Title 33, Code of Federal Regulations, and delegated authority from the Commander,
U. S. Army Corps of Engineers, the District Engineer at New Orleans has determined
that it is in the public interest to issue a general permit to authorize the following
activities subject to the conditions contained in this permit and occurring within the
coincidental boundaries of the Louisiana Coastal Zone and the New Orleans District:
a. Work or structures in or affecting navigable waters of the United States
pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 USC 403).
b. The discharge of dredged and/or fill material into waters of the United States
pursuant to Section 404 of the Clean Water Act (33 USC 1344).
c. Inclusions. The following work will likely be eligible under this general permit:
(1) Maintenance dredging in oil or gas well channels, canals, and slips.
Deposition of the dredged material may be in open water, or on existing spoil banks, or
used to create or maintain existing wetlands. The applicant's proposed disposal area
for dredged material will be reviewed to determine if alternate practical disposal areas
are available near the project site that have less adverse environmental impact; or if
bucket, hydraulic, wheel wash, or spray dredging should be utilized. Final approval for
the work under the general permit may require use of an alternate disposal site and/or
dredging and disposal method, and/or other mitigation.
-2-
(2) Pipelines (a line used for the transportation of any gaseous, liquid,
liquefiable, or slurry substance) installed in marsh by the use of the push ditch method,
and installed by the use of the push ditch or jetting methods in open waters provided
that the pipeline:
(a) is no more than 6 inches in inside diameter;
(b) does not exceed 10,000 feet in total length;
(c) bottom and/or marsh topography will not be changed by more
than 6 inches;
(d) is installed at a depth of no less than 3 feet; and
(e) installation does not involve shell reefs, barrier islands, the Gulf
shoreline, or the emerging Atchafalaya delta.
NOTE: Pipelines may also be laid on the marsh surface.
(3) Lowering or relocation of pipelines due to erosion or to accommodate
a federal project.
(4) Well structures and production facilities in open waters that are not on
shell reefs, submerged seagrass beds, or in the emerging Atchafalaya delta.
(5) Bulkheads, riprap, etc., used for pipeline erosion protection.
(6) Waterway closures (with or without culverts) that are not part of a
marsh management plan, constructed of shell, riprap, or other suitable hardened caps
installed in manmade canals for mitigation purposes recommended by federal
agencies.
(7) Platforms in open waters for fishing or research that do not interfere
with navigation.
(8) The construction of pile-supported or barge-mounted production
facilities (e.g., well structures, heater platforms) in wetlands and man-made oil field
canals.
(9) Oil and gas well canals and channels not greater than 70 feet wide or
slips not larger than 345 feet by 160 feet and/or with a total length (canal, channel, and
slip) not greater than 500 feet, and specifying that restoration will be conducted upon
abandonment. Dredged material may be placed in open water, on existing spoil banks,
or used to create or maintain existing wetlands. Restoration will normally include
plugging the mouth of the canal with an earthen closure capped with riprap or other
suitable erosion retarding material, placing 50-foot wide gaps in the spoil banks on
either side, and re-opening any water courses blocked by the spoil placement. All spoil
above the 2-foot elevation may be returned to the slip and canal or used to create or
-3maintain adjacent wetlands. All proposals will be reviewed to determine if practicable
less environmentally damaging alternatives are available prior to issuing an approval.
Any dredging operations, described above and greater in length than 375 feet, will be
discussed at a Geologic Review (GR) meeting to determine if directional drilling from
another location that would have less environmental impact is possible and practicable.
If so, the site which would result in less environmental impact would be the site
considered for general permit approval.
(10) Oil and gas well slips no larger than 120 feet by 375 feet, located
parallel and contiguous to an existing canal.
(11) Reconstruction and backfill of a bulkhead less than 3 feet
channelward of existing bulkhead structures for maintenance purposes.
(12) Dredging of less than 150 cubic yards of material to provide or
maintain moorage at an existing bulkhead, wharf, boat slip, or access canal. Dredged
material will not be placed in open water or wetlands.
(13) Construction of private or commercial boat launching ramps and
parking areas requiring the placement of less than 250 cubic yards of fill or disturbing no
greater than a total of onehalf of an acre of wetlands.
(14) Installation of no more than two mooring piles (including clusters that
consist of up to three piles) for small boats.
(15) Timber wharves and decks, as well as single story timber pile or float
supported boat sheds that cannot serve as a camp, foundation for a residence, or a
residence, provided that any of the structures identified above:
(a) are no longer (i.e., channelward extension into the waterway)
than 10 percent of the waterway width at the project site, or
(b) will not cause unreasonable interference with navigation (see
general condition q), whichever is less.
(16) Work not specifically excluded which fills, excavates, impounds,
drains, or segregates no greater than one-half of an acre of wetlands.
d. Exclusions. The following work will NOT be eligible under this general permit.
Applications for this work will be evaluated in accordance with 33 CFR 325.
(1) Work outside the Louisiana coastal zone (see enclosed map).
(2) When a permission from the Corps pursuant to 33 U.S.C.408 is
required, final action cannot be made until the Section 408 permission is granted.
-4(3) Structures or work associated with new boating facilities or with the
extension of the area limits of existing boating facilities. For the purpose of this
condition, "boating facilities" are marinas, yacht clubs, boat clubs, and other entities that
rent or sell mooring space.
(4) Structures or work in, or that would impinge upon the value (habitat,
hydrology, etc.) of, any National Wildlife Refuge, National Forest, areas administered by
the National Park Service of the U. S. Department of the Interior, areas administered by
the Louisiana Departments of Natural Resources or Wildlife and Fisheries, or other
similar publicly held areas administered by federal, state, or local governmental
authority, unless special permission from these agencies is submitted with the
application for this general permit.
(5) Projects of national concern. This exclusion is invoked on a case-bycase basis and represents, in essence, a special class of projects that receive particular
attention in Corps decisions on whether to exercise the discretionary authority to require
individual applications for work that otherwise meets all of this permit's conditions.
While a precise definition is not possible, this category of work normally includes, but is
not limited to, the following examples: projects that could cause an unreasonable
interference with navigation; significant wetland fills; major power plants, shipping
facilities and oil refineries; major commercial, residential or industrial developments;
mitigation banks; and work that could adversely affect habitats important to migratory
birds, endangered or threatened species, estuarine-dependent fishes and shellfishes,
or other species of high federal interest; or historic, cultural, or archeological sites listed
in the National Register of Historic Places or sites listed in the National Registry of
Natural Landmarks.
(6) Oil and gas well canals or channels greater than 70 feet wide or slips
larger than 345 feet by 160 feet and/or with a total (canal and slip) length greater than
500 feet (to include access canals), and any not specifying that restoration (if
appropriate), will be conducted upon abandonment.
(7) Work within 1,500 feet of colonial bird nesting sites or within 1 mile of
bald eagle nesting sites.
(8) Pumping and/or drainage facilities with associated levee systems,
which are capable of draining (either forced or gravity) any wetlands not currently
subject to artificial lowering of water levels.
(9) Work that would modify the effectiveness of an existing, functional
water control structure.
(10) Mining for sand, gravel, or shell.
(11) Work that fills, excavates, impounds, drains, or segregates over onehalf of an acre of wetlands.
-5(12) Work within a component of a National Wild and Scenic River
System or State Scenic River System without written approval from the appropriate
authority.
General permit GP-22 is subject to the following general conditions:
a. All activities identified and authorized herein shall be consistent with the terms
and conditions of this permit; and any activities not specifically identified and authorized
herein shall constitute a violation of the terms and conditions of this permit which may
result in modification, suspension, or revocation of the authorization granted to the
permittee, in whole or in part, as set forth more specifically in general conditions i. or j.
below, and in the institution of such legal proceedings as the United States government
may consider appropriate, whether or not this permit has been previously modified,
suspended, or revoked in whole or in part.
b. All activities authorized herein shall, if they involve, during their construction or
operation, any discharge of pollutants into waters of the United States, be at all times
consistent with applicable water quality standards, effluent limitations and standards of
performance, prohibitions, pre-treatment standards and management practices
established pursuant to the Clean Water Act (PL 92-500: 86 Stat. 816), or pursuant to
applicable state and local laws.
c. The discharge shall not affect a threatened or endangered species as
identified under the Endangered Species Act, or endanger the critical habitat of such
species.
d. The permittee agrees to make every reasonable effort to prosecute the
construction or operation of the work authorized herein in a manner so as to minimize
any adverse impact on fish, wildlife, special aquatic sites, and natural environmental
values.
e. The permittee agrees that the construction of work authorized herein shall be
prosecuted in a manner so as to minimize any degradation of water quality.
f. The permittee shall permit the District Engineer or his authorized
representative(s) or designee(s) to make periodic inspections of the project site(s) and
disposal site(s) if different from the project sites(s) at any time deemed necessary in
order to assure that the activity being performed under authority of this permit is in
accordance with the terms and conditions prescribed herein.
g. The permittee shall maintain the structure or work authorized herein in a good
and safe condition.
h. This permit does not convey any property rights, either in real estate or
material, or any exclusive privileges; and it does not authorize any injury to property or
-6invasion of rights or any infringement of federal, state or local laws or regulations nor
does it obviate the requirement to obtain state or local assent required by law for the
activity authorized herein.
i. This permit and/or any individual authorizations granted under this permit may
be summarily suspended, in whole or in part, upon a finding by the District Engineer that
immediate suspension of the activity authorized herein would be in the general public
interest.
j. Any individual authorization granted under this permit may be either modified,
suspended, or revoked in whole or in part if the Secretary of the Army or his authorized
representative determines that there has been a violation of the terms or conditions of
this permit or that such action would otherwise be in the public interest.
k. In issuing authorizations under this permit, the federal government will rely
upon information and data supplied by the applicant. If, subsequent to the issuance of
an authorization, such information and data prove to be false, incomplete, or inaccurate,
the permit authorization may be modified, suspended, or revoked, in whole or in part.
l. Any modification, suspension, or revocation of this permit or any individual
authorization granted under this permit will not be the basis for any claim for damages
against the United States.
m. This permit does not authorize or approve the construction of particular
structures, the authorization or approval of which require authorization by the Congress
or other agencies of the federal government.
n. If and when an authorized activity is to be abandoned, unless such
abandonment is part of a transfer procedure by which the authorization is being
transferred to a third party, the individual(s) who receive(s) the authorization must
restore the area to a condition satisfactory to the District Engineer. Any transfer
procedure must include the transferee's written agreement to comply with all terms and
conditions of this permit and any additional conditions that may be added to the
individual authorization.
o. There shall be no unreasonable interference with navigation by the existence
or use of the activity authorized herein. The permittee will, at his or her expense, install
and maintain any safety lights, signals, and signs prescribed by the United States Coast
Guard, through regulations or otherwise, on authorized facilities or on equipment used
in performing work under the authorization.
p. If the proposed project, or future maintenance work, involves the use of
floating construction equipment (barge mounted cranes, barge mounted pile driving
equipment, floating dredge equipment, dredge discharge pipelines, etc.,) in the·
waterway, you are advised to notify the Eighth Coast Guard District so that a Notice to
Mariners, if required, may be prepared. Notification with a copy of your permit
-7approval and drawings should be mailed to the Commander (dpw), Eighth Coast
Guard District, Hale Boggs Federal Building, 500 Poydras Street, Room 1230, New
Orleans, Louisiana 70130, about 1 month before you plan to start work. Telephone
inquiries can be directed to the Eighth Coast Guard District, Waterways Management
at (504) 671-2107.
q. Structures authorized under this General Permit near designated shipping
safety fairways or designated anchorage areas must comply with 33 CFR322.5(l).
r. This general permit cannot be used for piecemeal dredge or fill activities or
other piecemeal work, nor is this general permit valid for any activity that is part of an
overall project for which the Corps has determined that an individual permit is required.
s. Permittees must evaluate the effect that the proposed work would have on
historic properties listed, or eligible for listing, in the National Register of Historic Places
(NRHP) prior to initiation of work. Historic properties include prehistoric and historic
archaeological sites, and areas or structures of cultural interest that occur in the permit
area. If a known historic property would be encountered, the permittee shall notify
CEMVN and shall not conduct any work in the permit area that would affect the property
until the requirements of 33 CFR Part 325, Appendix C, and 36 CFR Part 800 have
been satisfied. If a previously unknown historic property is encountered during work
authorized by this General Permit, the permittee shall immediately notify the USACE
and avoid further impact to the site until the CEMVN has verified that the requirements
of 33 CFR Part 325, Appendix C, and 36 CFR Part 800 have been satisfied.
t. Wetlands that are not part of the project site but that are disturbed during
construction, including the temporary crossing of wetland areas, will be restored to their
pre-project elevations and conditions, and may include re-planting.
u. When work is done by heavy equipment in wetland areas that are not a part of
this authorization or heavy materials are temporarily stored in these wetland areas,
mats will be utilized and activities confined to matted areas. When work is completed
the mats shall be removed, and the area restored to pre-project conditions.
v. Material discharged into wetlands will be contained or stabilized and will be
compatible with existing soils and will not otherwise constitute a non-point pollution
source.
w. When project works will be constructed with, be adjacent to, or otherwise in
proximity to other works conducted pursuant to this general permit, the project drawings
will show the relationship of such structures to the proposed work and their appropriate
Coastal Use Permit numbers.
x. Misrepresentation of the proposed project or falsification of facts may be
cause to exclude the project from further general proceedings. If the misrepresentation
-8or falsification was intentional, the applicant shall forfeit the right to conduct work at the
proposed project site pursuant to this general permit.
y. If the project includes deposits of dredged or fill material, only clean dredged
material, or hauled in material which is free of organic matter, waste metal products,
chemical pollutants, unsightly debris, etc., may be used as fill.
z. The permittee understands and agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions
caused thereby, without expense to the United States. No claim shall be made against
the United States on account of any such removal or alteration.
General permit GP-22 is subject to the following special conditions:
a. No work may be performed under this general permit unless and until all
required federal, state, and local permits licenses, authorizations, and certifications are
obtained, including but not limited to:
(1) A Coastal Use Permit signed by the Secretary of the Louisiana
Department of Natural Resources or his designee, or
(2) A letter from the Secretary of the Louisiana Department of Natural
Resources or the Administrator of the Office of Coastal Management stating that,
pursuant to state law, a Coastal Use Permit is not required for the activity in question.
b. Irrespective of whether a proposal meets the other conditions of this permit,
the Corps of Engineers retains discretionary authority to subject the proposal to all
standard permit review procedures, whenever the Corps of Engineers determines that
the potential consequences of the proposal warrant this requirement.
Application, Reporting & Acknowledgement Procedures
Applications, specifically requesting authorization under the general permit,
should be sent to the Louisiana Department of Natural Resources, Office of Coastal
Management, Post Office Box 4487, Baton Rouge, Louisiana 70804-4487. The Office
of Coastal Management (OCM) will review the application for completeness and, if
complete, will assign it a coastal use permit (CUP) number and forward a copy of the
application to the New Orleans District by express next day delivery. Applications may
also be submitted electronically at http://dnr.louisiana.gov/crm/. A complete application
includes all of the following:
-91. A coastal use permit application fee ($20 for residential projects, $100 for
nonresidential projects) in the form of a check made payable to "OCM". Payment to
OCM may also be made via credit card online or by telephone.
2. The Joint Permit Application form that includes, but is not limited to: the
applicant's signature, the latitude and longitude, the Section, Township and Range, a
statement by the applicant that the best of his or her knowledge, the project complies
with and will be conducted in a manner that is consistent with the Louisiana Coastal
Management Program, the information requested in step 12 of the form regarding
landowners, and a clear description of the proposed work and alternatives considered
with details supporting the chosen alternative.
3. For projects requiring authorization under Section 404 of the Clean Water Act,
in reference to 33 CFR 325.1 (d)(7), the applicant is required to submit a statement
explaining how impacts to the waters of the United States are to be avoided and
minimized. The application must also include either a statement describing how impacts
to waters of the United States are to be compensated for or a statement explaining why
compensatory mitigation should not be required for the proposed impacts. Unavoidable
project related impacts will be assessed on a case-by-case basis to determine if
compensatory mitigation will be required. If required, proposed compensatory
mitigation should be located within the appropriate watershed for the permitted impact,
to the extent practicable, and follow the preferential hierarchy established in 33 CFR
332.3(b): 1) Mitigation bank credits; 2) Existing in-lieu fee programs; 3) permitteeresponsible mitigation (PRM).
4. Signed statements from the affected landowners establishing that they have
no objection to the required restoration/mitigation, and that they agree not to develop
restoration/mitigation areas without the prior approval of the District Engineer.
5. A vicinity map on which the project site is clearly indicated, and accurately
scaled drawings (plan view and cross section with mean high and low water lines) with
all dimensions clearly labeled and the number of cubic yards of dredged or fill material
involved. When project works will be constructed with, be adjacent to, or otherwise in
proximity to other works conducted under this general permit, drawings MUST show the
relationship of such work to the proposed activity and their appropriate permit numbers.
Upon receipt of a copy of the application package from OCM, the New Orleans
District will review it for completion and eligibility for the general permit. Incomplete
applications will be returned to the applicant and/or the applicant will be advised of the
application deficiencies. Work not eligible for GP-22 will be evaluated as a standard
permit to include a joint Corps/OCM public notice, if applicable.
A GR meeting will normally be required for dredging of oil/gas slips greater than
375 feet long and 120 feet wide. Oil/gas slips greater than 375 feet by 120 feet will not
be eligible under the general permit if there is another site within the directional drilling
-10radius that is technically and/or economically feasible that has less adverse
environmental impact, as determined at the conclusion of the GR meeting.
Applicants whose proposals meet the requirements of GP-22 will be notified by
letter that their project is being considered for approval under the general permit.
Copies of the letter will be sent to the U. S. Fish & Wildlife Service, National Marine
Fisheries Service and the Louisiana Department of Wildlife and Fisheries for review and
comment. Concurrences may be forwarded to the Corps via telephone or e-mail;
however, non-concurrences must be made in writing with an information copy sent to
the applicant, and must include a description of the impact(s) considered to be more
than minimal. These agencies may comment on this project or request additional
information needed for their analysis during the comment period. If additional time is
needed for their evaluation, they may request a time extension of up to 20 days. Lack
of response within 5 days by these federal agencies will be considered as no objection
or no position by those agencies. Corps of Engineers' decision of non-concurrence with
reviewing federal agencies' objections and/or recommendations will be made in writing
by the District Engineer to the respective agency.
After receipt of comments from the federal agencies or after 5 days from the start
of the comment period, the proposal will be evaluated in consideration of the comments
from the federal agencies, and a decision will be made to issue the general permit
approval as requested, issue the general permit approval with modifications, or require
the project to be evaluated as a standard permit. The applicant will be notified of our
decision by letter.
BY THE AUTHORITY OF THE SECRETARY OF THE ARMY:
Martin S. Mayer
Chief, Regulatory Branch
for
Michael N. Clancy
Colonel, U.S. Army
District Commander
Enclosures
Tangipahoa
Livingston
Calcasieu
¦
¨
£
¤ §
90
Cameron
10
10
Vermilion
§
¦
¨
£
¤
90
St. Martin
Iberia
55
St. Charles
£
¤
90
Terrebonne
±
1 in = 19 miles
Revised Boundary
Source: Esri, i-cubed, USDA, USGS, AEX,
GeoEye, Getmapping, Aerogrid, IGN, IGP,
UPR-EGP, and the GIS User Community
12
Ascension
10
St. John the Baptist
Orleans
St. James
Assumption
St. Martin
St. Mary
§
¦
¨
§
¦
¨
St. Tammany
§
¦£
¨
¤
90
St. Bernard
Jefferson
Lafourche
Plaquemines