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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.

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(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

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12

Ascension 10 St. John the Baptist Orleans St. James

Assumption St. Martin St. Mary

§ ¦ ¨ § ¦ ¨

St. Tammany

§ ¦£ ¨ ¤ 90

St. Bernard

Jefferson Lafourche Plaquemines

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