You can copy from here when filling out the rest of the page.
SPECIAL PUBLIC NOTICE: This notice announces seven regional general permits (RGPs) for use in Minnesota, Wisconsin, and within the exterior boundaries of Federally-recognized American Indian reservations. The seven RGPs will be available to authorize regulated activities which meet the terms and conditions of the RGP beginning on February 17, 2018.
SPECIAL PUBLIC NOTICE: This notice announces seven regional general permits (RGPs) for use in Minnesota, Wisconsin, and within the exterior boundaries of Federally-recognized American Indian reservations. The seven RGPs will be available to authorize regulated activities which meet the terms and conditions of the RGP beginning on February 17, 2018.
Public Notice
20 December 2017
NEW REGIONAL GENERAL PERMITS IN THE STATES
OF MINNESOTA AND WISCONSIN, AND FEDERALLYRECOGNIZED AMERICAN INDIAN RESERVATIONS
2017-03310
2017-02362
2017-03309
2017-03312
Beach Creation & Nourishment
Beach Raking
Minor Discharges
Piers and Docks
Authorities:
Section 404 Clean Water Act and
Section 10 Rivers and Harbors Act
2017-02361
2017-02360
2017-03314
Transportation
Utilities
Wildlife Ponds
This notice announces seven regional general permits (RGPs) for use in Minnesota, Wisconsin, and within the
exterior boundaries of Federally-recognized American Indian reservations. The seven RGPs will be available to
authorize regulated activities which meet the terms and conditions of the RGP beginning on February 17,
2018. Regulated activities are described in each RGP pursuant to Section 404 of the Clean Water Act
(Section 404) and Section 10 of the Rivers and Harbors Act.
The effective date of the RGPs has been established to allow the appropriate Section 401, Clean Water Act
authorities 60 days to process their decisions to issue, deny, or waive Water Quality Certification (Section 401)
for Section 404 regulated activities indicated in each RGP. Upon the effective date of the RGPs, we will
publish the RGPs with any Section 401 conditions added to Section H of each RGP as appropriate. More
information on Section 401 is provided below.
BACKGROUND AND RESPONSE TO COMMENTS
The RGPs provide streamlined authorization for regulated activities in waters of the United States (US)
generally ineligible for nationwide permit (NWP) authorization. The RGPs are for regulated activities
determined to result in no more than minor individual and cumulative adverse environmental effects.
On October 13, 2017, draft versions of eight RGPs were published to solicit public comments. We received
several letters in response to the public notice and considered these comments prior to issuance of the final
RGPs attached to this notice. One RGP was not pursued further, and the remaining seven RGPs have been
modified in response to comments received, with the following notable changes implemented to all RGPs.
Additional language was incorporated into Section C of all seven RGPs to clarify the term Special Area
Management Plan (SAMP). Language was added to Section E (pre-construction notification, or PCN) and
Section H (general conditions) of the RGPs to clarify when waivers are available and the information needed to
request a waiver. A description of `suitable material' was added as a general condition under Section H. A
general condition was added to Section H to address the protection of burial sites and inadvertent discovery
sites identified during regulated work.
In addition to the changes implemented across all seven RGPs, RGP-specific changes have been
implemented in five of the RGPs attached. Please see enclosures A through G to review the full content of
each RGP. A brief summary of these changes is provided below.
1. Previously Filled Navigable Waters RGP: This RGP was originally proposed to authorize regulated
activities in navigable waters of the US previously converted to dry land (also referred to as "fast land").
The St. Paul District (Corps) determined that this RGP would be redundant with existing NWPs, and
development of this RGP was discontinued.
2. Utilities RGP: Three additional restrictions about regulated activities for surveys were added to Section
B.3 to clarify that these activities may not result in a loss of waters of the US, bore holes must be
properly sealed, and regulated activities for the recovery of historic resources are not eligible for
Public Notice, Regional General Permits
authorization. A PCN requirement to report all overall projects with regulated losses at or in excess of
0.5 acre of waters of the US was added. The PCN requirement for regulated activities in excess of 500
linear feet as a single and complete project location was modified to exclude construction matting.
Finally, the description of mechanized land clearing in Section E (PCN) was modified and a resource
citation was added.
3. Transportation RGP: Railways and runways were added to the eligible activities described under
Category 1 for Minor Maintenance activities. The activity restrictions for this category were re-organized
to clarify that all dredged or excavated material must be deposited and retained in areas that are not a
water of the US. The exemptions under the second footnote were modified to describe maintenance
exemptions and drainage ditch maintenance exemptions. The PCN requirement for regulated work in
bog and fens for Category 1 activities was removed. The tributary impact threshold for requesting a
waiver for Category 2 (Modification) and Category 3 (New Construction) was changed from 300 linear
feet to 500 linear feet. The `overall project' definition was further clarified under Section I Definitions.
4. Piers and Docks RGP: The following portions of Section B.3 (Activity Restrictions) have been modified:
the width restriction in B.3.b. has been increased to 8 feet, and waivers were incorporated for the width
(B.3.b.), terminal section (B.3.c), and discharge restrictions (B.3.d).
5. Wildlife Ponds RGP: Section B.3.g was added to clarify that regulated activities which would result in
the conversion of waters of the US to uplands is not authorized by the RGP. An additional exclusion
was added to Section C to prohibit eligibility for wildlife ponds proposed near existing airports which do
not meet the requirements of the Federal Aviation Administration's Advisory Circular regarding wildlife
hazards on or near airports (AC150/5200-33B).
The full text of each RGP has been attached to this notice as enclosures A through G, and incorporates all
changes implemented as a result of the Corps October public notice.
Several comments were received which suggested changes which the Corps did not adopt. The major themes
are as follows:
Several commenters objected to the proposed definition of single and complete linear project (SCLP), or
indicated that they were not confident that adoption of the definition would result in authorization of activities
which would be individually and cumulatively minor in adverse environmental effect. The definition of SCLP is
used nationally, and was proposed in our draft RGPs for Utility and Transportation projects. In advance of
developing our draft Utility and Transportation RGPs, the Corps evaluated data from the last four years, and
determined that approximately the same percentage of overall projects would be eligible for general permit
review. The new definition of SCLP, in combination with other restrictions in the Utility and Transportation
RGPs, would require individual permit review for projects with greater losses of waters of the US. The Corps
has adopted the definition of SCLP because it is consistent with the national definition, will result in streamlined
review of projects with minimal losses of waters of the US, and will increase scrutiny for projects with greater
losses of waters of the US.
Several commenters requested more detail about compensatory mitigation requirements. While some
additional information was added to Section F (Mitigation), specific information regarding compensatory
mitigation is more appropriately located in the Corps mitigation policy, rather than the RGPs.
Finally, several comments were received which requested additional restrictions based on concerns for water
quality. All RGP activities verified by the Corps pursuant to Section 404 require that permittees obtain Section
401 certification or waiver to be valid. The Section 401 certification process appropriately ensures compliance
with state or tribal water quality standards. The Corps may add special conditions to any verification issued to
ensure no more than minimal degradation of water quality.
2
Public Notice, Regional General Permits
WATER QUALITY CERTIFICATION
From the date of this public notice begins the 60-day period for the Wisconsin Department of Natural
Resources, Minnesota Pollution Control Agency, Bad River Band of Lake Superior Chippewa, Lac du
Flambeau Band of Lake Superior Chippewa, Fond du Lac Band of Lake Superior Chippewa, Grand Portage
Band of Chippewa, Sokaogon Chippewa Community, and the United States Environmental Protection Agency
to complete their Section 401 water quality certification processes. This 60-day period for WQC will end on
February 17, 2018. If a Section 401 authority does not provide certification for a Section 404 RGP, the Corps
will issue provisional verifications and the permittee will be directed to the appropriate authority to obtain a
project-specific Section 401 certification or waiver. The Corps will issue a public notice to incorporate the
finalized Section 401 conditions into the RGPs.
COASTAL MANAGEMENT PROGRAM CONSISTENCY CERTIFICATION
From the date of this public notice also begins the 60-day period for the Minnesota Department of Natural
Resources' Coastal Program and the Wisconsin Department of Administration's Coastal Management Program
to complete their Coastal Zone Management Act (CZMA) consistency determination processes. The 60-day
period for CZMA consistency determinations will also end on February 17, 2018. The Corps will issue a public
notice to announce the finalized CZMA determinations.
ADDITIONAL INFORMATION
Persons may obtain additional information by calling Rebecca Graser in our Brookfield, Wisconsin office at
(651) 290-5728. Alternatively, Mrs. Graser may be contacted via email at rebecca.m.graser@usace.army.mil.
Chad Konickson
Chief, Regulatory Branch
Enclosures:
A - Beach Creation and Nourishment RGP;
B Beach Raking RGP;
C Minor Discharges RGP;
D Piers and Docks RGP;
E Transportation RGP;
F Utility RGP; and
G Wildlife Ponds RGP.
3
DEPARTMENT OF THE ARMY
BEACH CREATION AND NOURISHMENT REGIONAL GENERAL PERMIT
PERMIT: Beach Creation and Nourishment Regional General Permit
ISSUING OFFICE: St. Paul District U.S. Army Corps of Engineers
EFFECTIVE DATE: February 17, 2018
EXPIRATION DATE: February 16, 2023
A. AUTHORIZATION
Regulated activities conducted in accordance with the terms and conditions of the Beach Creation and Nourishment
Regional General Permit (RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Federally
recognized American Indian Reservations in Wisconsin and Minnesota. Certain regulated activities require an applicant to
submit preconstruction notification (PCN) and receive written St. Paul District Corps of Engineers Regulatory Branch
(Corps) verification prior to commencing work. Refer to the appropriate sections of this permit for a description of RGP
procedures, eligible activities, conditions, exclusions and application instructions.
Unless otherwise specified in the Corps letter verifying a project complies with the terms and conditions of this RGP, the
time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized
under this RGP that have commenced construction or are under contract to commence construction in reliance upon this
RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration,
suspension, or revocation; whichever is sooner.
Some RGP authorizations are not valid until a project proponent obtains a Clean Water Act Section 401 water quality
certification (401 certification) or waiver from the appropriate water quality certifying agency; see general condition 24 in
Section H below. Section 404, Clean Water Act regulated activities excluded from 401 certification in general condition 24
require a projectspecific 401 certification or waiver from the appropriate agency. In addition, some RGP authorizations
may be subject to projectspecific special conditions that will be specified in the Corps verification letter. This RGP does not
obviate the need for other necessary federal, state, tribal, or local authorizations or permits.
B. BEACH CREATION AND NOURISHMENT REGIONAL GENERAL PERMIT APPLICABILITY
The Beach Creation and Nourishment RGP applies to certain activities in waters of the United States (US), including
wetlands, as described below, in the States of Wisconsin and Minnesota, including within the exterior boundaries of
Indian Reservations.
1. Authorities: Section 404 of the Clean Water Act (33 U.S.C. 1344, Section 404) for discharges of dredged and fill
material into waters of the US, and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403, Section 10) for work
and structures that are located in, under, or over any navigable water of the US. Activities subject to Section 404 and
Section 10 authorization requirements are hereafter referred to as regulated activities.
2. Eligible Activities: Regulated activities associated with the placement of sand or pea gravel for the creation of new
recreational beaches or nourishment of established beaches, including temporary impacts necessary to complete beach
creation and nourishment. This RGP may not be used to authorize the installation of plant barriers or liners.
3. Activity Restrictions (the regulated activity must meet the following terms):
a) Regulated beach creation activities may not exceed 50 feet parallel to the shoreline and 50 feet perpendicular to
the shoreline.
b) Regulated beach nourishment activities may not result in the loss of more than 300 linear feet of a tributary,
unless otherwise authorized via a waiver in a Corps verification letter.
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
c) Regulated beach nourishment activities may not exceed 0.50 acre at established beaches. A written request to
waive the 0.50 acre requirement may be submitted to the Corps for projects at public beaches. The Corps may
waive the 0.50 acre threshold for public beaches if the Corps determines that the activity will result in no more
than minimal adverse environmental effects.
d) Sand and pea gravel blanket discharges may not exceed 6 inches in depth.
e) Regulated activities may not occur in wetlands, unless the Corps waives this requirement by making a written
determination concluding that the regulated activity will result in no more than minimal adverse environmental
effects.
4. PreConstruction Notification (PCN): All activities eligible for authorization by the Beach Creation and Nourishment RGP
require submittal of a PCN and written Corps verification of coverage prior to starting work. Please refer to Section E,
below, for additional information regarding PCN requirements.
C. BEACH CREATION AND NOURISHMENT REGIONAL GENERAL PERMIT EXCLUSIONS
The following activities are INELIGIBLE for Beach Creation and Nourishment RGP authorization:
1. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights),
protected tribal resources, or tribal lands.
2. Regulated activities eligible for authorization under a valid Corps Special Area Management plan (SAMP) general
permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/PermittingProcessProcedures for more
information on SAMPs
3. Regulated activities that would occur in a calcareous fen.
4. Regulated activities that would occur in or affect designated portions of a National Wild and Scenic River,
including parts of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin, or a river
officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an
official study status, unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status.
5. Regulated activities which are likely to directly or indirectly jeopardize the continued existence of a federally
threatened or endangered species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No regulated activity is authorized which "may affect" a listed species or critical habitat, unless ESA
Section 7 consultation addressing the effects of the proposed activity has been completed.
6. Regulated activities which may result in disturbance or removal of human remains unless disposition of the
remains has been determined by the appropriate authority under applicable laws, and the work is authorized by
the Corps. See Section H, Condition 10 for more information.
7. Regulated activities which may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, unless the requirements of Section 106 of the National Historic Preservation
Act (NHPA) have been satisfied.
8. Regulated activities which require permission from the Corps pursuant to 33 U.S.C. 408 (Section 408) because
they will alter or temporarily or permanently occupy or use a Corps federally authorized civil works project, unless
the appropriate Corps office issues the Section 408 permission to alter, occupy, or use the Corps federally
authorized civil works project.
9. Regulated activities which would adversely affect public water supplies.
2
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
D. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES
1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see Definitions,
Section I).
2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single
and complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from
losses of waters of the US, and do not contribute to loss thresholds. Permanent adverse effects include filling,
flooding, excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse
effects to waters of the US include regulated activities that change a waterbody to dry land, increase the bottom
elevation of a waterbody, or decrease the bottom elevation of a waterbody (e.g. excavation of a sedge meadow
wetland to shallow marsh), or change the use of a waterbody.
a) Losses of wetland must be reported in either acres or square feet, as appropriate.
b) Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the
plane of the ordinary high water mark. If regulated activities are proposed along opposite banks (e.g. bank
stabilization along both banks of a tributary) or at multiple locations (e.g. construction of bridge abutments
and piers), they are added together to determine the total amount of linear loss to waters of the US.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B, or in PreConstruction Notification
Information, Section E.
3. Temporary impacts to waters of the US include the sum of all regulated impacts to waters of the US for a single
and complete project which are restored to preconstruction conditions after construction. Examples of
temporary impacts in waters of the US include the placement of timber matting, installation of coffer dams,
trenching and backfilling, and in many cases, mechanized landclearing.
a) Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate.
b) Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet
below the plane of the ordinary high water mark. If regulated activities are proposed along opposite banks or
at multiple locations, temporary impacts must be added together to determine the total amount of
temporary linear impact.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B, or in PreConstruction Notification
Information, Section E.
4. Losses and temporary impacts to waters of the US do not include activities that do not require Department of the
Army authorization, such as activities eligible for exemptions under Section 404(f) of the Clean Water Act.
5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may
qualify for the RGP, and are not reduced by compensatory mitigation.
E. PRECONSTRUCTION NOTIFICATION (PCN) INFORMATION
All Beach Creation and Nourishment RGP activities require PCN. The PCN must include all other nationwide permits,
programmatic general permits, RGPs, or individual permits used or intended to be used to authorize any part of the
overall project, including other regulated activities that require Corps authorization but do not require PCN. Before
starting regulated work, project proponents must obtain written Corps verification of Beach Creation and
Nourishment RGP coverage for all activities.
1. Timing of PCN: The prospective permittee must notify the Corps by submitting a PCN as early as possible. The Corps will
determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to
make the PCN complete. As a general rule, the Corps will request additional information necessary to make the PCN
complete only once. However, if the prospective permittee does not provide all of the requested information, then the
3
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
Corps will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence
until all of the requested information has been received by the Corps. The prospective permittee shall not begin the activity
until they are notified in writing by the Corps that the activity may proceed under the RGP with any special conditions
imposed by the Corps.
2. Form and Content of PCN: The PCN must be in writing and should utilize the Minnesota Joint Waters Wetlands
Application, WI DNR application or the Corps standard individual permit application Form ENG 4345. A letter
containing the required information may also be used. A complete PCN must include:
a. Contact information including the name, mailing address, email address, and telephone numbers of the prospective
permittee and any third party agents.
b. Location of the proposed activity (i.e. sectiontownshiprange and latitude and longitude in decimal degrees).
c. A description of the proposed activity and its purpose; a description of any avoidance and minimization mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and any and all
other general or individual permits used or intended to be used to authorize any part of the overall project, including
activities that require Corps authorization but do not require PCN.
d. A tabulation of all impacts to waters of the US, including the anticipated amount of loss and temporary impact to
waters of the US expected to result from the proposed activity. Impacts to all waters of the US must be reported
in acres or square feet. In addition, tributary, pond, and lake impacts must also be reported in linear feet. A table
may be used to clearly and succinctly disclose this information (see Calculating Impacts to Water of the United
States, Section D).
e. Sketches, maps, drawings and plans must be provided to show that the activity complies with the terms of the RGP.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity. Large and small
scale maps must be provided to show the project site location. Drawings and plans should be to scale, with scale bar
included, and depict all identified aquatic resources and aquatic resource impact areas, including planview drawings
on a recent aerial photograph, and crosssection and profile drawings where appropriate.
f. Identification of all aquatic resources on the project site and the acreage of each aquatic resource present. Aquatic
resources shall be identified by type (e.g. wetland, tributary, lake, manmade ditch, pond, etc.) and impacts shall be
identified by type (e.g. fill, excavation, etc.) and permanence (permanent or temporary). A wetland delineation may
be required.
g. A statement describing how compensatory mitigation requirements will be satisfied, or an explanation why
compensatory mitigation should not be required. See Mitigation, Section F for more information.
h. If the proposed project would impact a calcareous fen, the PCN must include a copy of the WI DNR authorization for
the proposed regulated activity, or a copy of the approved MN DNR calcareous fen management plan specific to the
project.
i. If any federallylisted proposed, threatened or endangered species or proposed or designated critical habitat might
be affected or is in the vicinity of the activity, the PCN must include the name(s) of those endangered or threatened
species that might be affected by the proposed activity or that utilize the designated critical habitat that might be
affected by the proposed activity. Federal applicants or applicants that have federal funding (or whose project
otherwise involves a lead federal agency) must provide documentation demonstrating compliance with ESA Section
7.
j. If the activity might have the potential to cause effects to an historic property listed on, eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property
might have the potential to be affected by the proposed activity and include a vicinity map indicating the location of
the historic property. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with Section 106 of the NHPA.
k. If an activity is proposed in a component of the National Wild and Scenic River System (including designated portions
St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin) or in a river officially designated by
4
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
Congress as a "study river" for possible inclusion in the system while the river is in an official study status, the PCN
must identify the Wild and Scenic River or the "study river."
l. The PCN must specify how long temporary impacts and structures will remain in place and include a restoration plan
showing how all temporary fills and structures will be removed and the area restored to preproject conditions.
m. If a waiver from for a specific condition of the permit is proposed (e.g. for regulated activities within wetlands, general
condition 13. Restoration of Temporary Impacts or 14. Duration of Temporary Impacts), the PCN must include an
explanation of the need for a waiver(s) and why the applicant believes the impacts would result in no more than
minimal individual and cumulative adverse environmental effects.
n. For an activity that requires permission from the Corps pursuant to Section 408 because it will alter or temporarily or
permanently occupy or use a Corps federally authorized civil works project, the PCN must include a statement
confirming if the project proponent has submitted a written request for Section 408 permission from the Corps office
having jurisdiction over the Corps civil works project.
F. MITIGATION
In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and
current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed
to avoid and minimize (mitigate) adverse effects, both temporary and permanent, to waters of the US to the maximum
extent practicable at the project site (i.e., on site). Mitigation includes actions which may avoid, minimize, rectify, reduce,
or compensate for adverse environmental effects or activities which may otherwise be contrary to the public interest.
Regulated activities which the Corps believes do not mitigate adverse environmental effects or are contrary to the public
interest are ineligible for authorization by the Transportation RGP, and will be evaluated by the Corps using individual
permit procedures.
After all practicable steps to avoid and minimize adverse effects to waters of the US have been considered, the Corps may
require compensatory mitigation to ensure that the regulated activity results in no more than minimal adverse
environmental effects, or will not be contrary to the public interest. In reviewing the complete PCN for the proposed
activity, the Corps will determine whether the activity authorized by the RGP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. The Corps will issue the RGP
verification for that activity if it meets the terms and conditions of the RGP, unless the Corps determines, after
considering compensatory mitigation, that the proposed activity will result in more than minimal individual and
cumulative adverse effects on the aquatic environment and other aspects of the public interest. When this occurs, the
Corps will exercise discretionary authority to require an individual permit evaluation for the proposed regulated activity.
Regulated activities eligible for this RGP which require submittal of a PCN must include a statement describing how
compensatory mitigation requirements will be satisfied, or an explanation why compensatory mitigation should not be
required for proposed impacts to waters of the US. Project proponents may propose the use of mitigation banks, inlieu
fee programs, or permitteeresponsible mitigation. When developing a compensatory mitigation proposal, the project
proponent must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b).
Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable
provisions of the current Corps policies, guidelines, and 33 CFR 332 (the Mitigation Rule).
Information regarding current Corps policies and guidelines about compensatory mitigation in Minnesota and Wisconsin
may be viewed online at www.mvp.usace.army.mil/Missions/Regulatory/Mitigation. Information regarding existing banks
and inlieu fee programs is available online at www.ribits.usace.army.mil. Nationally applicable information, including the
Mitigation Rule, may be read online at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramand
Permits/mitig_info/.
5
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
G. USE OF MULTIPLE GENERAL PERMITS (STACKING)
Single and complete nonlinear projects may not be ``piecemealed'' to avoid the limits in a general permit (nationwide,
programmatic, or regional general permit) authorization. When general permit limits are exceeded, single and complete
projects may be eligible for review and authorization by an individual permit.
Unless otherwise indicated by a specific general permit or general permit category, the use of more than one general
permit (nationwide, programmatic, or regional general permit) for a single and complete project is prohibited, except when
the acreage or linear foot loss of waters of the US authorized by the general permits does not exceed the loss limit of the
general permit with the highest specified acreage limit.
H. GENERAL CONDITIONS
To qualify for Beach Creation and Nourishment RGP authorization, the prospective permittee must comply with the
following conditions, as applicable, in addition to all applicable Beach Creation and Nourishment RGP terms and
requirements and all projectspecific conditions imposed by the Corps.
1. Compliance: The permittee is responsible for ensuring that whomever performs, supervises or oversees any
portion of the physical work associated with the construction of the project has a copy of and is familiar with all
the terms and conditions of the RGP and any special (permitspecific) conditions included in any written
verification letter from the Corps. The activity must also comply with any special conditions added by the state,
tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and
conditions of the RGP. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety and compliance with applicable RGP general conditions, as well as any activityspecific
conditions added by the Corps to an RGP authorization.
2. Compliance Certification: Each permittee who receives an RGP verification letter from the Corps must provide a signed
certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The Corps will provide the permittee the certification document with the RGP verification letter. The
completed certification document must be submitted to the Corps within 30 days of completion of the authorized
activity or the implementation of any required compensatory mitigation, whichever occurs later.
3. Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the
authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP
authorization.
4. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting
appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce
impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
5. Endangered Species:
a. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence
of a federally threatened or endangered species or a species proposed for such designation, as identified under
the Endangered Species Act (ESA), 50 CFR 402, or which will directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized under the Beach Creation and Nourishment RGP which
"may affect" a listed species or critical habitat, unless ESA Section 7 consultation addressing the effects of the
proposed activity has been completed, and a Corps RGP verification letter is issued. Direct effects are the
immediate effects on listed species and critical habitat caused by the RGP activity. Indirect effects are those
6
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
6.
7.
8.
9.
10.
11.
effects on listed species and critical habitat that are caused by the RGP activity and are later in time, but still are
reasonably certain to occur.
b. As a result of formal or informal consultation with the FWS the Corps may add speciesspecific permit condition
to the RGP verification.
c. Information on the location of federally threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS on their web page at www.fws.gov/ipac.
Calcareous Fens: The permittee may not complete regulated activities in a calcareous fen, unless the Wisconsin
Department of Natural Resources has authorized the proposed regulated activity, or the Minnesota Department of
Natural Resources has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
Wild and Scenic Rivers: The permittee may not complete regulated activities which may affect or are located in a
designated portions of the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic River designation or study status.
Historic Properties, Cultural Resources:
a. No activity which may affect historic properties listed or potentially eligible for listing on the National Register of
Historic Places is authorized until the requirements of Section 106 of the National Historic Preservation Act
(Section 106) have been satisfied. Federal project proponents should follow their own procedures for complying
with the requirements of Section 106 and provide documentation of compliance with those requirements.
b. Information on the location and existence of historic and cultural resources can be obtained from the State
Historic Preservation Office, Tribal Historic Preservation Offices, and the National Register of Historic Places.
c. Rock or fill material used for activities authorized by this permit must either be obtained from existing quarries or,
if a new borrow site is excavated to obtain fill material, the Corps must be notified prior to the use of the new site
to determine whether a cultural resources survey of the site is necessary.
Discovery of Previously Unknown Remains and Artifacts: If you discover any previously unknown historic, cultural or
archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately
notify the Corps of what you have found, and to the maximum extent practicable, avoid construction activities that
may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the
federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota
Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native
American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or
removal of human remains until disposition of the remains has been determined by the appropriate authority under
these laws, and the work is authorized by the Corps. Regulated activities which result in an inadvertent discovery of
human remains must stop immediately, and the Corps, as well as the appropriate state and Tribal authority, must be
notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as
appropriate, prior to restarting work.
Federally Authorized Corps Civil Works projects: A permittee is not authorized to begin any regulated activities
described in this RGP if activities will alter or temporarily or permanently occupy or use a Corps federally authorized
civil works project, unless the appropriate Corps office issues Section 408 permission to alter, occupy, or use the
Corps civil works project (pursuant to 33 U.S.C. 408), and the Corps issues written a Beach Creation and Nourishment
RGP verification. Examples of federal projects include but are not limited to works that were built by the Corps and
are locally maintained (such as local flood control projects) or operated and maintained by the Corps (such as locks
and dams).
7
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
12. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act).
13. Restoration of Temporary Impacts: All temporary impacts in waters of the US, including discharges resulting from
side casting material excavated from trenching, that occur as a result of the regulated activity must be fully
contained with appropriate erosion control or containment methods, be restored to preconstruction contours and
elevations, and revegetated with native, noninvasive vegetation. A project proponent may request, in writing, a
waiver from this condition from the Corps. An acceptable reason for a waiver to this condition may include, but is
not limited to, the Corps allowing natural restoration of the site when the resulting grade and existing seed bank
are sufficient for the site to restore to preconstruction conditions. In temporarily excavated wetlands, the top 6
to 12 inches of the excavation should normally be backfilled with topsoil originating from the wetland. No
temporary excavation area, including, but not limited to trenches, may be constructed or backfilled in such a
manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a French
drain effect).
14. Duration of Temporary Impacts: Temporary impacts in waters of the U.S., including wetlands, must be avoided and
limited to the smallest area and the shortest duration required to accomplish the project purpose.
a. Unless otherwise conditioned in a Corps RGP verification, temporary impacts may not remain in place longer than
90 days between May 15 and November 15. Before those 90 days have elapsed all temporary discharges must be
removed in their entirety.
b. If the temporary impacts would remain in place for longer than 90 days between May 15 and November 15, the
PCN must request a waiver from this condition and specify how long temporary impacts will remain and include a
restoration plan showing how all temporary fills and structures will be removed and the area restored to pre
project conditions. The permittee must remove the temporary impacts in their entirety in accordance with the
activity authorized their permit verification.
15. Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may occur
as a result of the authorized work, appropriate best management practices (BMPs) shall be maintained and remain in
place until the affected area is stabilized with vegetation or ground cover. Heavy equipment working in wetlands or
mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. BMPs shall be
inspected and property maintained following storm events to ensure they are operational. All exposed slopes and
stream banks must be stabilized within 24 hours after completion of all tributary crossings.
16. Culverts and Crossings: Unless an RGP verification authorizes otherwise, replacement and installation of culverts or
crossings authorized by a RGP are to follow (or be restored to) the natural alignment and profile of the tributary. The
culverts or bridges must adequately pass low flow and bankfull events, bedload, sediment load, and provide site
appropriate fish and wildlife passage. Example design elements include recessing single culverts to accommodate
natural bankfull width and adjusting additional culvert inverts at an elevation higher than the bankfull elevation.
17. Aquatic Life Movements: No regulated activity may 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, unless the activity's primary purpose is to impound water.
18. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering
by substantial sedimentation) of a designated or known spawning area are not authorized.
19. Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and
for minimizing any contamination resulting from a spill in accordance with state and federal laws. In accordance with
applicable state, tribal and federal laws and regulations, if a spill of any potential pollutant or hazardous waste occurs,
it is the responsibility of the permittee to immediately notify the National Response Center at 18004248802 or
www.nrc.uscg.mil AND
IN WISCONSIN: the WI DNR Spills Team at 18009430003, or
IN MINNESOTA: the Minnesota State Duty Officer at 18004220798.
8
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
20. Clean Construction Equipment: All construction equipment must be clean prior to entering and before leaving the
work site in order to prevent the spread of invasive species.
21. Navigation: No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the
permittee's expense on authorized facilities in navigable waters of the US. 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, 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.
22. Fills Within 100Year Floodplains: The regulated activity must comply with applicable FEMAapproved state or local
floodplain management requirements.
23. Access Roads: Access roads must be sized appropriately and must be constructed in such a way to minimize adverse
effects on waters of the US and elevations must be as near as practicable to preconstruction contours and elevations
(e.g., at grade corduroy roads or geotextile/gravel roads). All access roads constructed in waters of the US must be
properly bridged or culverted to maintain surface flows.
24. Section 401 Clean Water Act Water Quality Certification: forthcoming
25. Transfer of Regional General Permit Verifications: If the permittee sells the property associated with a regional
general permit verification, the permittee may transfer the regional general permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the regional general
permit 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 regional general permit are still in existence at the time
the property is transferred, the terms and conditions of this regional general permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this regional
general permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
___________________________________
(Transferee)
___________________________________
(Date)
I. DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non
structural.
Compensatory mitigation: The restoration (reestablishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is
defined at 33 CFR 323.2(f).
Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register
criteria (36 CFR part 60).
9
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
Independent utility: A test to determine what constitutes a single and complete nonlinear project in the Corps Regulatory
Program. A project is considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Navigable waters: Waters subject to Section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR
part 329.
Ordinary high water mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding
areas.
Overall project: The aggregate of all single and complete projects related to the same purpose, including both linear and
nonlinear activities with regulated losses and temporary impacts to waters of the US.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Preconstruction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a
particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. PCN may be required by the
terms and conditions of this regional general permit. A PCN may be voluntarily submitted in cases where PCN is not
required and the project proponent wants verification that the activity is authorized by general permit.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural
importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes,
judicial decisions, or executive orders, including tribal trust resources.
Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or
services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at
separate and distant locations. The term "single and complete project" is defined as that portion of the overall linear
project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that
includes all crossings of a single water of the US (i.e., a single waterbody) at a specific location. For linear projects crossing
a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and
complete project for purposes of this general permit authorization. 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. The definition of "single and complete linear project" does not include the
term "independent utility" because each crossing of waters of the US is needed for the single and complete linear project
to fulfill its purpose of transporting people, goods, and services from the point of origin to the terminal point.
Single and complete nonlinear project: For nonlinear projects, the term "single and complete project" is defined at 33
CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or partnership or other association
of owners/developers. A single and complete nonlinear project must have independent utility. Single and complete non
linear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A project is considered to have
independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a
multiphase project that depend upon other phases of the project do not have independent utility. Phases of a project
that would be constructed even if the other phases were not built can be considered as separate single and complete
projects with independent utility.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
10
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
Tribal lands: Any lands which are either: 1) held in trust by the United States for the benefit of any Indian tribe or
individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remedies.
Tributary: For purposes of this RGP, a water that contributes flow, either directly or through another water to a
traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the
physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, manaltered, or man
made water and includes waters such as rivers, streams, canals, and ditches.
Waiver: An approval from the Corps which allows an applicant to exceed the activity restrictions or conditions described
in an RGP. Waivers may only be considered when expressly indicated as available in an RGP and will only be granted once
the Corps has made a written determination that the RGP activity will result in only minimal individual and cumulative
adverse environmental effects. When a waiver is required, an applicant cannot start work until they have received a RGP
verification letter with waiver approval.
Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
J. FURTHER INFORMATION
1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to
Section 404 of the Clean Water Act (33 U.S.C 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403).
2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by
an RGP based on concern for the aquatic environment or for any other factor of the public interest.
3. Limits of this authorization:
a. This RGP does not obviate the need to obtain other federal, state, or local authorizations required by law;
b. This RGP does not grant any property rights or exclusive privileges;
c. This RGP does not authorize any injury to the property or rights of others; and
d. This RGP does not authorize interference with any existing or proposed federal project.
4. Limits of federal liability: In issuing this permit, the Federal Government does not assume 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 United States 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; or
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will
be made in reliance on the information provided by the project proponent.
6. Reevaluation of decision: This office may reevaluate its decision for an individual verification under this general
permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. The permittee fails to comply with the terms and conditions of this permit;
b. The information provided by the permittee in support of the preconstruction notification proves to have been
false, incomplete, or inaccurate (See 5 above); or
c. Significant new information surfaces which this office did not consider in reaching the original decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
11
St. Paul District Corps of Engineers, Regulatory Branch
Beach Creation and Nourishment Regional General Permit
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring the permittee to comply with the terms and conditions of their permit and for the initiation of legal
action where appropriate. The permittee will be required to pay for any corrective measures ordered by this
office, and if the permittee fails to comply with such directive, this office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill the permittee
for the cost.
7. This office may also reevaluate its decision to issue this Beach Creation and Nourishment RGP at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, significant
new information surfaces which this office did not consider in reaching the original public interest decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.
K. CORPS DECISION
In reviewing the PCN for the proposed activity, the Corps will determine whether the activity authorized by the RGP will
result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific RGP, the Corps should issue the RGP verification for
that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after considering mitigation,
that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to require an individual permit
for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of
waters of the US to determine whether they individually satisfy the terms and conditions of the RGPs, as well as the
cumulative effects caused by all of the crossings authorized by RGP.
If an applicant requests a waiver for any limit where waivers are indicated as available, the Corps will only grant the waiver
upon a written determination that the RGP activity will result in only minimal individual and cumulative adverse
environmental effects. When making minimal adverse environmental effects determinations the Corps will consider the
direct and indirect effects caused by the RGP activity. The Corps will also consider the cumulative adverse environmental
effects caused by activities authorized by the RGP and whether those cumulative adverse environmental effects are no
more than minimal. The Corps will consider site specific factors, such as the environmental setting in the vicinity of the
RGP activity, the type of resource that will be affected by the RGP activity, the functions provided by the aquatic resources
that will be affected by the RGP activity, the degree or magnitude to which the aquatic resources perform those
functions, the extent that aquatic resource functions will be lost as a result of the RGP activity (e.g., partial or complete
loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to
the region (e.g., watershed or ecoregion), and mitigation required by the Corps. The Corps may add casespecific special
conditions to the RGP authorization to address sitespecific environmental concerns.
The Corps will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in
the proposal to inform decisions regarding whether the net adverse environmental effects of the proposed activity are no
more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the Corps determines
that the activity complies with the terms and conditions of the RGP and that the adverse environmental effects are no
more than minimal, after considering mitigation, the Corps will notify the permittee and include any activity specific
conditions in the RGP verification the Corps deems necessary. Conditions for compensatory mitigation requirements must
comply with the appropriate provisions at 33 CFR 332.3(k). When compensatory mitigation is required, the Corps must
approve the final mitigation plan before the permittee commences work in waters of the US, unless the Corps determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation. If the Corps determines that the adverse environmental effects of the proposed
activity are more than minimal, then the Corps will notify the applicant of next steps as described in 33 CFR 325.
12
DEPARTMENT OF THE ARMY
BEACH RAKING REGIONAL GENERAL PERMIT
PERMIT: Beach Raking Regional General Permit
ISSUING OFFICE: St. Paul District U.S. Army Corps of Engineers
EFFECTIVE DATE: February 17, 2018
EXPIRATION DATE: February 16, 2023
A. AUTHORIZATION
Regulated activities conducted in accordance with the terms and conditions of the Beach Raking Regional General Permit
(RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Federallyrecognized American Indian
Reservations in Wisconsin and Minnesota. Certain regulated activities require an applicant to submit preconstruction
notification (PCN) and receive written St. Paul District Corps of Engineers Regulatory Branch (Corps) verification prior to
commencing work. Refer to the appropriate sections of this permit for a description of RGP procedures, eligible activities,
conditions, exclusions and application instructions.
Unless otherwise specified in the Corps letter verifying a project complies with the terms and conditions of this RGP, the
time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized
under this RGP that have commenced construction or are under contract to commence construction in reliance upon this
RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration,
suspension, or revocation; whichever is sooner.
Some RGP authorizations are not valid until a project proponent obtains a Clean Water Act Section 401 water quality
certification (401 certification) or waiver from the appropriate water quality certifying agency; see general condition 20 in
Section H below. Section 404, Clean Water Act regulated activities excluded from 401 certification in general condition 20
require a projectspecific 401 certification or waiver from the appropriate agency. In addition, some RGP authorizations
may be subject to projectspecific special conditions that will be specified in the Corps verification letter. This RGP does not
obviate the need for other necessary federal, state, tribal, or local authorizations or permits.
B. BEACH RAKING REGIONAL GENERAL PERMIT APPLICABILITY
The Beach Raking RGP applies to certain activities in waters of the United States (US), including wetlands, as described
below, in the States of Wisconsin and Minnesota, including within the exterior boundaries of Indian Reservations.
1. Authorities: Section 404 of the Clean Water Act (33 U.S.C. 1344, Section 404) for discharges of dredged and fill material
into waters of the US, and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403, Section 10) for work and
structures that are located in, under, or over any navigable water of the US. Activities subject to Section 404 and Section
10 authorization requirements are hereafter referred to as regulated activities.
2. Eligible Activities: Regulated activities in waters of the US associated with mechanical beach raking activities for the
purpose of removing accumulated debris below the ordinary high water mark of a beach, including but not limited to,
woody debris, algae, and dead aquatic plants and shellfish.
3. Activity Restrictions:
a. Regulated beach raking activities in currently inundated portions of waters of the US is not authorized.
b. Regulated work to remove living vegetation from waters of the US is not authorized.
c. Regulated activities associated with mechanical beach raking may not exceed 2.0 acres below the plane of the
ordinary high water mark or the mean high water mark in waters of the US. The Corps may waive the 2.0 acre
threshold for public beaches by making a written determination concluding that the activity will result in no
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
more than minimal adverse environmental effects. An applicant may request a waiver from the District. Any
waiver requested must include the information in Section E, PreConstruction Notification.
4. PreConstruction Notification (PCN): Some activities eligible for the Beach Raking RGP authorization require PCN.
Please refer to Section E below for additional information regarding PCN requirements.
C. BEACH RAKING REGIONAL GENERAL PERMIT EXCLUSIONS
The following activities are INELIGIBLE for Beach Raking RGP authorization:
1. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights),
protected tribal resources, or tribal lands.
2. Regulated activities eligible for authorization under a valid Corps Special Area Management plan (SAMP) general
permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/PermittingProcessProcedures for more
information on SAMPs.
3. Regulated activities that would occur in a calcareous fen, unless the Wisconsin Department of Natural Resources
(WI DNR) has authorized the proposed regulated activity, or the Minnesota Department of Natural Resources
(MN DNR) has approved a calcareous fen management plan specific to a project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
4. Regulated activities that would occur in or affect designated portions of the National Wild and Scenic River
System (this includes parts of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin), or a
river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an
official study status, unless the appropriate Federal agency with direct management responsibility for such river,
has determined in writing that the proposed regulated activity will not adversely affect the Wild and Scenic River
designation or study status.
5. Any regulated activity which is likely to directly or indirectly jeopardize the continued existence of a federally
threatened or endangered species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any RGP which "may affect" a listed species or critical habitat, unless
ESA Section 7 consultation addressing the effects of the proposed activity has been completed.
6. Any regulated activity which may have the potential to cause effects to properties listed, or eligible for listing, in
the National Register of Historic Places, unless the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied.
7. Regulated activities which may result in disturbance or removal of human remains unless disposition of the
remains has been determined by the appropriate authority under applicable law, and the work is authorized by
the Corps. See Section H, Condition 10 for more information.
8. Regulated activities which require permission from the Corps pursuant to 33 U.S.C. 408 because they will alter or
temporarily or permanently occupy or use a Corps federally authorized Civil Works project, unless the appropriate
Corps office issues the section 408 permission to alter, occupy, or use the USACE project, AND the Corps issues
written RGP verification.
9. Regulated activities which would adversely affect public water supplies.
D. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES
This section describes the impact calculations the Corps generally uses to verify that an RGP meets the stated restrictions
in Section B above. Some components described in this section may not be applicable to the Beach Raking RGP.
However, projects where Beach Raking RGP activities are one component of a larger project requiring Corps authorization
may require a tabulation of more varied impacts than required by the Beach Raking RGP alone. See Section G below for
more information regarding the use of multiple general permits.
2
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see Definitions,
Section I).
2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single and
complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from losses
of waters of the US and do not contribute to loss thresholds. Permanent adverse effects include filling, flooding,
excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse effects to
waters of the US include regulated activities that change a waterbody to dry land, increase the bottom elevation
of a waterbody, decrease the bottom elevation of a waterbody (e.g. excavation of a sedge meadow wetland to
shallow marsh), or change the use of a waterbody.
a) Losses of wetland must be reported in either acres or square feet, as appropriate.
b) Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the
plane of the ordinary high water mark. If regulated activities are proposed along opposite banks (e.g. bank
stabilization along both banks of a tributary) or at multiple locations (e.g. construction of bridge abutments
and piers), they are added together to determine the overall amount of linear loss to waters of the US.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B or in PreConstruction Notification
Information, Section E.
3. Temporary impacts to waters of the US include the sum of all regulated impacts to waters of the US for a single
and complete project which are restored to preconstruction conditions after construction. Examples of
temporary impacts to waters of the US may include the placement of timber matting, installation of coffer dams,
trenching and backfilling, and in many cases, mechanized landclearing.
a) Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate.
b) Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet
below the plane of the ordinary high water mark. If regulated activities are proposed along opposite banks or
at multiple locations, temporary impacts must be added together to determine the overall amount of
temporary linear impact.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B or in PreConstruction Notification
Information, Section E.
4. Losses and temporary impacts to waters of the US do not include activities that do not require Department of the
Army authorization, such as activities eligible for exemptions under Section 404(f) of the Clean Water Act.
5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may
qualify for the RGP, and are not reduced by compensatory mitigation.
E. PRECONSTRUCTION NOTIFICATION (PCN) INFORMATION
Projects that meet the terms and conditions of the Beach Raking RGP and do not require submittal of a PCN, as outlined in
the below, may commence work after project proponents have carefully confirmed that the activity will be conducted in
compliance with all applicable terms and conditions of the RGP.
For all activities which require PCN, project proponents must obtain written Corps verification of Beach Raking RGP coverage
before starting regulated work. For RGP activities that require PCN, the PCN must include all other nationwide permits,
programmatic general permits, RGPs, or individual permits used or intended to be used to authorize any part of the
overall linear and nonlinear project (including all single and complete projects), including regulated activities that require
authorization but do not require PCN.
3
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
1. When PCN is required: A PCN is required for the locations, impact thresholds, and activities listed below.
WISCONSIN:
MINNESOTA:
1. The Apostle Islands National Lakeshore;
1. Wild rice waters
2. Madeline Island;
identified in
3. Statedesignated wild rice waters
Minn. R.
(https://data.glifwc.org/manoomin.harvest.info);
7050.0470,
subpart 1 (or as
4. Coastal plain marshes;
amended by the
5. Bog wetland plant communities;
Minnesota
6. Interdunal wetlands;
Pollution Control
7. Great Lakes ridge and swale complexes;
Agency);
8. Fens; and
2. Bog wetland
9. Wetland sites designated by the Ramsar Convention (as of the date
plant
of publication, these include: the Horicon Marsh, Upper Mississippi
communities; and
River Floodplain wetlands, Kakagon and Bad River Sloughs, Door
3. Fens.
County Peninsula Coastal wetlands, and the Chiwaukee Illinois Beach
Lake Plain), see https://rsis.ramsar.org/.
1. Regulated activities which might affect any Federallylisted threatened, endangered, or
PCN is required
proposed threatened and endangered species, designated critical habitat, or proposed
for the
critical habitat.
following
2. Regulated activities which might have the potential to cause effects to any historic properties
activities to
comply with other
listed on, determined to be eligible for listing on, or potentially eligible for listing on the
federal laws:
National Register of Historic Places, including previously unidentified properties.
3. Regulated activities which might result in disturbance or removal of human remains.
4. Regulated activities which require permission from the Corps pursuant to Section 408
because it will alter or temporarily or permanently occupy or use a Corps federally authorized
civil works project.
5. Regulated activities in or which may affect the National Wild and Scenic River System,
including designated portions of the St. Croix River in Minnesota and Wisconsin and the Wolf
River in Wisconsin, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status.
1. Regulated activities in areas of suspected sediment or soil contamination, including but not
Other activities
limited to Superfund sites. Superfund sites in Minnesota or Wisconsin can be located by
which
searching the EPA's website: https://www.epa.gov/superfund/searchsuperfundsiteswhere
require PCN
include:
youlive.
2. Regulated activities which require a waiver. The Beach Raking RGP includes a waiver for
regulated activities which exceed two acres in area for public beaches.
PCN is required
for regulated
activities
proposed in
these Aquatic
Resources1:
2. Timing of PCN: Where required by the terms of this RGP, the prospective permittee must notify the Corps by
submitting a PCN as early as possible. The Corps will determine if the PCN is complete within 30 calendar days of the
date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day
period to request the additional information necessary to make the PCN complete. As a general rule, the Corps will
request additional information necessary to make the PCN complete only once. However, if the prospective permittee
1
Additional information about the plant communities listed can be found at www.mvp.usace.army.mil/Missions/Regulatory.aspx,
the Wisconsin Department of Natural Resources' (WI DNR) website:
www.dnr.wi.gov/topic/EndangeredResources/Communities.asp?mode=group&Type=Wetland, or at the Minnesota Department of
Natural Resources' (MN DNR) Native Plant Community Classification's website: www.dnr.state.mn.us/npc/classification.html.
4
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
does not provide all of the requested information, then the Corps will notify the prospective permittee that the PCN is
still incomplete and the PCN review process will not commence until all of the requested information has been received
by the Corps. The prospective permittee shall not begin the activity until they are notified in writing by the Corps that
the activity may proceed under the RGP with any special conditions imposed by the Corps.
3. Form and Content of PCN: The PCN must be in writing and should utilize the Minnesota Joint Waters Wetlands
Application, WI DNR application or the Corps standard individual permit application Form ENG 4345. A letter
containing the required information may also be used. A complete PCN must include:
a. Contact information including the name, mailing address, email address, and telephone numbers of the prospective
permittee and any third party agents.
b. Location of the proposed activity (i.e. sectiontownshiprange and latitude and longitude in decimal degrees);
c. A description of the proposed activity and its purpose; a description of any avoidance and minimization mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and any and all
other general or individual permits used or intended to be used to authorize any part of the overall proposed project
including activities that require Corps authorization but do not require PCN.
d. A tabulation of all impacts to waters of the US, including the anticipated amount of loss of waters and temporary
impacts expected to result from the proposed activity. Impacts to all waters of the US must be reported in acres
or square feet. In addition, tributary, pond, and lake impacts must also be reported in linear feet. A table may be
used to clearly and succinctly disclose this information (see Calculating Impacts to Waters of the United States,
Section D).
e. Sketches, maps, drawings and plans must be provided to show that the activity complies with the terms of the RGP.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity. Large and small
scale maps must be provided to show the project site location. Drawings and plans should be to scale, with scale
included, and depict all identified aquatic resources and aquatic resource impact areas, including planview drawings
on a recent aerial photograph, and crosssection and profile drawings where appropriate.
f. Identification of all aquatic resources on the project site and the acreage of each aquatic resource present. Aquatic
resources must be identified by type (e.g. wetland, tributary, lake, manmade ditch, pond, etc.) and impacts must be
identified by type (e.g. fill, excavation, etc.) and permanence (permanent or temporary). A wetland delineation may
be required.
g. A statement describing how compensatory mitigation requirements will be satisfied, or an explanation why
compensatory mitigation should not be required. See Mitigation, Section F for more information.
h. If the proposed project would impact a calcareous fen, the PCN must include a copy of the WI DNR authorization for
the proposed regulated activity, or a copy of the approved MN DNR calcareous fen management plan specific to the
project.
i. If any federallylisted proposed, threatened or endangered species or proposed or designated critical habitat might
be affected by the regulated activity, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by
the proposed activity. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with Section 7.
j. If the activity might have the potential to cause effects to an historic property listed on, eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property
might have the potential to be affected by the proposed activity and include a vicinity map indicating the location of
the historic property. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with Section 106 of the NHPA.
k. If an activity is proposed in or may affect a component of the National Wild and Scenic River System (including
designated portions of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin) or in a river
officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official
study status, the PCN must identify the Wild and Scenic River or the "study river."
5
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
l. The PCN must specify how long temporary impacts and structures will remain in place and include a restoration plan
showing how all temporary fills and structures will be removed and the area restored to preproject conditions.
m. If a waiver for a specific category or condition of the permit is proposed (e.g. for acreage on public beaches), the PCN
must include an explanation of the need for a waiver and why the applicant believes the impacts would result in
minimal individual and cumulative adverse environmental effects.
n. For an activity that requires permission from the Corps pursuant to Section 408 because it will alter or temporarily or
permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the PCN must
include a statement confirming if the project proponent has submitted a written request for Section 408 permission
from the Corps office having jurisdiction over the Corps civil works project.
F. MITIGATION
In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and
current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed
to avoid and minimize (mitigate) adverse effects, both temporary and permanent, to waters of the US to the maximum
extent practicable at the project site (i.e., on site). Mitigation includes actions which may avoid, minimize, rectify, reduce,
or compensate for adverse environmental effects or activities which may otherwise be contrary to the public interest.
Regulated activities which the Corps believes do not mitigate adverse environmental effects or are contrary to the public
interest are ineligible for authorization by the Beach Raking RGP, and will be evaluated by the Corps using individual
permit procedures.
After all practicable steps to avoid and minimize adverse effects to waters of the US have been considered, the Corps may
require compensatory mitigation to ensure that the regulated activity results in no more than minimal adverse
environmental effects, or will not be contrary to the public interest. In reviewing the complete PCN for the proposed
activity, the Corps will determine whether the activity authorized by the RGP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. The Corps will issue the RGP
verification for that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after
considering compensatory mitigation, that the proposed activity will result in more than minimal individual and
cumulative adverse effects on the aquatic environment and other aspects of the public interest. When this occurs, the
Corps will exercise discretionary authority to require an individual permit evaluation for the proposed regulated activity.
Regulated activities eligible for this RGP which require submittal of a PCN must include a statement describing how
compensatory mitigation requirements will be satisfied, or an explanation why compensatory mitigation should not be
required for proposed impacts to waters of the US. Project proponents may propose the use of mitigation banks, inlieu
fee programs, or permitteeresponsible mitigation. When developing a compensatory mitigation proposal, the project
proponent must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b).
Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable
provisions of the current Corps policies, guidelines, and 33 CFR 332 (the Mitigation Rule).
Information regarding current Corps policies and guidelines about compensatory mitigation in Minnesota and Wisconsin
may be viewed online at www.mvp.usace.army.mil/Missions/Regulatory/Mitigation. Information regarding existing banks
and inlieu fee programs is available online at www.ribits.usace.army.mil. Nationally applicable information, including the
Mitigation Rule, may be read online at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramand
Permits/mitig_info/.
6
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
G. USE OF MULTIPLE GENERAL PERMITS (STACKING)
Single and complete nonlinear projects may not be ``piecemealed'' to avoid the limits in a general permit (nationwide,
programmatic, or regional general permit) authorization. When general permit limits are exceeded, single and complete
projects may be eligible for review and authorization by an individual permit.
Unless otherwise indicated by a specific general permit or general permit category, the use of more than one general
permit (nationwide, programmatic, or regional general permit) for a single and complete project is prohibited, except when
the acreage or linear foot loss of waters of the US authorized by the general permits does not exceed the loss limit of the
general permit with the highest specified acreage limit.
H. GENERAL CONDITIONS
To qualify for Beach Raking RGP authorization, the prospective permittee must comply with the following conditions, as
applicable, in addition to any categoryspecific requirements and projectspecific conditions imposed by the Corps.
1.
2.
3.
4.
5.
Compliance: The permittee is responsible for ensuring that whomever performs, supervises or oversees any
portion of the physical work associated with the construction of the project has a copy of and is familiar with all
the terms and conditions of the RGP and any special (permitspecific) conditions included in any written
verification letter from the Corps. The activity must also comply with any special conditions added by the state,
tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and
conditions of the RGP. Any authorized structure or fill must be properly maintained, including maintenance to
ensure public safety and compliance with applicable RGP general conditions, as well as any activityspecific
conditions added by the Corps to an RGP authorization.
Compliance Certification: Each permittee who receives an RGP verification letter from the Corps must provide a signed
certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The Corps will provide the permittee the certification document with the RGP verification letter. The
completed certification document must be submitted to the Corps within 30 days of completion of the authorized
activity or the implementation of any required compensatory mitigation, whichever occurs later.
Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the
authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP
authorization.
Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting
appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce
impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
Endangered Species:
a. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence
of a federally threatened or endangered species or a species proposed for such designation, as identified under
the Endangered Species Act (ESA), 50 CFR 402, or which will directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized under the RGP which "may affect" a listed species or
critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been
completed, and a Corps RGP verification letter is issued. Direct effects are the immediate effects on listed species
and critical habitat caused by the RGP activity. Indirect effects are those effects on listed species and critical
habitat that are caused by the RGP activity and are later in time, but still are reasonably certain to occur.
7
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
6.
7.
8.
9.
10.
11.
12.
13.
b. As a result of formal or informal consultation with the FWS the Corps may add speciesspecific permit condition
to the RGP verification.
c. Information on the location of federally threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS on their web page at www.fws.gov/ipac.
Calcareous Fens: The permittee may not complete regulated activities in a calcareous fen, unless the Wisconsin
Department of Natural Resources has authorized the proposed regulated activity, or the Minnesota Department of
Natural Resources has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
Wild and Scenic Rivers: The permittee may not complete regulated activities which may affect or are located in a
designated portions of the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic River designation or study status.
Historic Properties, Cultural Resources:
a. No activity which may affect historic properties listed or potentially eligible for listing on the National Register of
Historic Places is authorized until the requirements of Section 106 of the National Historic Preservation Act
(Section 106) have been satisfied. Federal project proponents should follow their own procedures for complying
with the requirements of Section 106 and provide documentation of compliance with those requirements.
b. Information on the location and existence of historic and cultural resources can be obtained from the State
Historic Preservation Office, Tribal Historic Preservation Offices, and the National Register of Historic Places.
c. Rock or fill material used for activities authorized by this permit must either be obtained from existing quarries or,
if a new borrow site is excavated to obtain fill material, the Corps must be notified prior to the use of the new site
to determine whether a cultural resources survey of the site is necessary.
Discovery of Previously Unknown Remains and Artifacts: If any previously unknown historic, cultural or archeological
remains and artifacts are discovered while accomplishing the activity authorized by this permit, the Corps must
immediately be notified of the findings. To the maximum extent practicable, construction activities must avoided that
may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the
federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota
Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native
American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or
removal of human remains until disposition of the remains has been determined by the appropriate authority under
these laws, and the work is authorized by the Corps. Regulated activities which result in an inadvertent discovery of
human remains must stop immediately, and the Corps, as well as the appropriate state and tribal authority, must be
notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as
appropriate, prior to restarting work.
Federally Authorized Corps Civil Works projects: A permittee is not authorized to begin any regulated activities
described this RGP if activities will alter or temporarily or permanently occupy or use a Corps federally authorized civil
works project, unless the appropriate Corps office issues a Section 408 permission to alter, occupy, or use the Corps
civil works project (pursuant to 33 U.S.C. 408) and the Corps issues written RGP verification. Examples of federal
projects include but are not limited to works that were built by the Corps and are locally maintained (such as local
flood control projects) or operated and maintained by the Corps (such as locks and dams).
Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act).
Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may occur
as the result of the authorized work, appropriate BMPs must be implemented and maintained. For authorized work
8
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
above an OHWM the BMPs must remain in place until the affected area is stabilized with vegetation or ground cover.
For all authorized work below an OHWM, BMPs are required and must prevent or minimize adverse effects (e.g., total
suspended solids or sedimentation) to the water column outside of the authorized work area. Heavy equipment
working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil
disturbance. All BMPs must be inspected and properly maintained following storm events to ensure they are
operational. All exposed slopes and stream banks must be stabilized within 24 hours after completion of all tributary
crossings.
14. Aquatic Life Movements: No regulated activity may 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, unless the activity's primary purpose is to impound water.
15. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering
by substantial sedimentation) of a designated or known spawning area are not authorized.
16. Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and
for minimizing any contamination resulting from a spill in accordance with all applicable state, tribal, and federal laws.
In accordance with applicable state, tribal, and federal laws and regulations, if a spill of any potential pollutant or
hazardous waste occurs, it is the responsibility of the permittee to immediately notify the National Response Center
at 18004248802 or www.nrc.uscg.mil AND
IN WISCONSIN: the WI DNR Spills Team at 18009430003; or
IN MINNESOTA: the Minnesota State Duty Officer at 18004220798.
17. Clean Construction Equipment: All construction equipment must be clean prior to entering and before leaving the
work site in order to prevent the spread of invasive species.
18. Navigation: No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the
permittee's expense on authorized facilities in navigable waters of the US. 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, 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.
19. Fills Within 100Year Floodplains: The regulated activity must comply with applicable FEMAapproved state or local
floodplain management requirements.
20. Section 401 Clean Water Act Water Quality Certification: forthcoming
21. Transfer of Regional General Permit Verifications: If the permittee sells the property associated with a regional
general permit verification, the permittee may transfer the regional general permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the regional general
permit 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 regional general permit are still in existence at the time
the property is transferred, the terms and conditions of this regional general permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this regional
general permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
_________________________________(Transferee)
___________________________________(Date)
9
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
I. DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non
structural.
Compensatory mitigation: The restoration (reestablishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is
defined at 33 CFR 323.2(f).
Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register
criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete nonlinear project in the Corps Regulatory
Program. A project is considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Navigable waters: Waters subject to Section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR
part 329.
Ordinary high water mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding
areas.
Overall project: The aggregate of all single and complete projects related to the same purpose, including both linear and
nonlinear activities with regulated losses and temporary impacts to waters of the US.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Preconstruction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a
particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. PCN may be required by the
terms and conditions of this regional general permit. A PCN may be voluntarily submitted in cases where PCN is not
required and the project proponent wants verification that the activity is authorized by general permit.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural
importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes,
judicial decisions, or executive orders, including tribal trust resources.
Single and complete nonlinear project: For nonlinear projects, the term "single and complete project" is defined at 33
CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or partnership or other association
of owners/developers. A single and complete nonlinear project must have independent utility. Single and complete non
linear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A project is considered to have
independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a
multiphase project that depend upon other phases of the project do not have independent utility. Phases of a project
that would be constructed even if the other phases were not built can be considered as separate single and complete
projects with independent utility.
10
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tribal lands: Any lands which is either: 1) held in trust by the United States for the benefit of any Indian tribe or individual;
or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remedies.
Tributary: For the purposes of this permit, a water that contributes flow, either directly or through another water to a
traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the
physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, manaltered, or man
made water and includes waters such as rivers, streams, canals, and ditches.
Waiver: An approval from the Corps which allows an applicant to exceed the activity restrictions or conditions described
in an RGP. Waivers may only be considered when expressly indicated as available in an RGP and will only be granted once
the Corps has made a written determination that the RGP activity will result in only minimal individual and cumulative
adverse environmental effects. When a waiver is required, an applicant cannot start work until they have received a RGP
verification letter with waiver approval.
Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
J. FURTHER INFORMATION
1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to
Section 404 of the Clean Water Act (33 U.S.C 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403).
2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by
an RGP based on concern for the aquatic environment or for any other factor of the public interest.
3. Limits of this authorization:
a. This RGP does not obviate the need to obtain other federal, state, or local authorizations required by law;
b. This RGP does not grant any property rights or exclusive privileges;
c. This RGP does not authorize any injury to the property or rights of others; and
d. This RGP does not authorize interference with any existing or proposed federal project.
4. Limits of 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 United States 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; or
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will
be made in reliance on the information provided by the project proponent.
6. Reevaluation of decision: This office may reevaluate its decision for an individual verification under this general
permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
11
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
a. The permittee fails to comply with the terms and conditions of this permit;
b. The information provided by the permittee in support of the preconstruction notification proves to have been
false, incomplete, or inaccurate (See 5 above); or
c. Significant new information surfaces which this office did not consider in reaching the original decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring the permittee to comply with the terms and conditions of their permit and for the initiation of legal
action where appropriate. The permittee will be required to pay for any corrective measures ordered by this
office, and if the permittee fails to comply with such directive, this office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill the permittee
for the cost.
7. This office may also reevaluate its decision to issue this RGP at any time the circumstances warrant. Circumstances
that could require a reevaluation include, but are not limited to, significant new information surfaces which this office
did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination
that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.
K. CORPS DECISION
In reviewing the PCN for the proposed activity, the Corps will determine whether the activity authorized by the RGP will
result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific RGP, the Corps should issue the RGP verification for
that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after considering mitigation,
that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to require an individual permit
for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of
waters of the US to determine whether they individually satisfy the terms and conditions of the RGPs, as well as the
cumulative effects caused by all of the crossings authorized by RGP. If an applicant requests a waiver for any limit where
waivers are indicated as available, the Corps will only grant the waiver upon a written determination that the RGP activity
will result in only minimal individual and cumulative adverse environmental effects.
When making minimal adverse environmental effects determinations the Corps will consider the direct and indirect
effects caused by the RGP activity. The Corps will also consider the cumulative adverse environmental effects caused by
activities authorized by the RGP and whether those cumulative adverse environmental effects are no more than minimal.
The Corps will consider site specific factors, such as the environmental setting in the vicinity of the RGP activity, the type
of resource that will be affected by the RGP activity, the functions provided by the aquatic resources that will be affected
by the RGP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that
aquatic resource functions will be lost as a result of the RGP activity (e.g., partial or complete loss), the duration of the
adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g.,
watershed or ecoregion), and mitigation required by the Corps. The Corps may add casespecific special conditions to the
RGP authorization to address sitespecific environmental concerns.
The Corps will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in
the proposal to inform decisions regarding whether the net adverse environmental effects of the proposed activity are no
more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the Corps determines
that the activity complies with the terms and conditions of the RGP and that the adverse environmental effects are no
more than minimal, after considering mitigation, the Corps will notify the permittee and include any activity specific
conditions in the RGP verification the Corps deems necessary. Conditions for compensatory mitigation requirements must
12
St. Paul District Corps of Engineers, Regulatory Branch
Beach Raking Regional General Permit
comply with the appropriate provisions at 33 CFR 332.3(k). When compensatory mitigation is required, the Corps must
approve the final mitigation plan before the permittee commences work in waters of the US, unless the Corps determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation. If the Corps determines that the adverse environmental effects of the proposed
activity are more than minimal, then the Corps will notify the applicant of next steps as described in 33 CFR 325.2.
13
DEPARTMENT OF THE ARMY
MINOR DISCHARGES REGIONAL GENERAL PERMIT
PERMIT: Minor Discharges Regional General Permit
ISSUING OFFICE: St. Paul District U.S. Army Corps of Engineers
EFFECTIVE DATE: February 17, 2018
EXPIRATION DATE: February 16, 2023
A. AUTHORIZATION
Regulated activities conducted in accordance with the terms and conditions of the Minor Discharges Regional General
Permit (RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Federallyrecognized American
Indian Reservations in Wisconsin and Minnesota. Refer to the appropriate sections of this permit for a description of RGP
procedures, eligible activities, conditions, exclusions and application instructions.
Unless otherwise specified in the Corps letter verifying a project complies with the terms and conditions of this RGP, the
time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized
under this RGP that have commenced construction or are under contract to commence construction in reliance upon this
RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration,
suspension, or revocation; whichever is sooner.
No RGP authorization is valid until a project proponent obtains a Clean Water Act Section 401 water quality certification
(401 certification) or waiver from the appropriate water quality certifying agency; see general condition 25 in Section H
below. Regulated activities excluded in general condition 25 require a projectspecific 401 certification or waiver from the
appropriate agency. In addition, some RGP authorizations may be subject to projectspecific special conditions that will be
specified in the Corps verification letter. This RGP does not obviate the need for other necessary federal, state, tribal, or
local authorizations or permits.
B. MINOR DISCHARGES REGIONAL GENERAL PERMIT APPLICABILITY
The Minor Discharges RGP applies to certain activities in waters of the United States (US), including wetlands, as described
below, in the States of Wisconsin and Minnesota, including within the exterior boundaries of Indian Reservations.
1. Authority: The Minor Discharges RGP regional general permit may be used to authorize activities pursuant to Section
404 of the Clean Water Act (33 U.S.C. 1344, Section 404) for discharges of dredged and fill material into waters of the US.
Activities subject to Section 404 regulatory requirements are hereafter referred to as regulated activities.
2. Eligible Activities: Regulated activities associated with minor permanent and temporary discharges of dredged or fill
material in waters of the US for a single and complete nonlinear project. Discharges that would impound a tributary or
lake, or are associated with utility, transportation, or pier or dock projects are not authorized by this permit.
3. Activity Restrictions:
a. The regulated discharge may not exceed 400 square feet of waters of the US. Losses of waters of the US and
temporary impacts to waters of the US contribute toward the 400 square foot threshold, see section D for
additional information.
b. All tributary channel modifications are limited to the minimum necessary and cannot exceed 300 linear feet. See
Section D. Calculating Impacts to waters of the US for additional information.
c. This category may not be used more than once by the permittee, property owner, or agent of a single permittee
or property owner in a manner that would cumulatively impact more than 400 square feet of waters of the US.
St. Paul District Corps of Engineers, Regulatory Branch
Minor Discharges Regional General Permit
4. PreConstruction Notification (PCN): No PCN is required prior to the start of work. Applicant must meet ALL the terms
and conditions of this permit.
C. MINOR DISCHARGES REGIONAL GENERAL PERMIT EXCLUSIONS
The following activities are INELIGIBLE for 2018 Minor Discharges RGP authorization:
1. Regulated activities that would divert more than 10,000 gallons per day of surface or ground water into or out of the
Great Lakes Basin.
2. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights),
protected tribal resources, or tribal lands.
3. Regulated activities eligible for authorization under a valid Corps Special Area Management plan (SAMP) general
permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/PermittingProcessProcedures for more
information on SAMPs
4. Regulated activities that would result in the loss of more than 300 linear feet of a tributary.
5. Regulated activities that would occur in a calcareous fen.
6. Regulated activities that would occur in a component of the National Wild and Scenic River System (St. Croix River in
Minnesota and Wisconsin or the Wolf River in Wisconsin), or in a river officially designated by Congress as a "study
river" for possible inclusion in the system while the river is in an official study status.
7. Any regulated activity which might affect or is likely to directly or indirectly jeopardize the continued existence of a
threatened or endangered species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species.
8. Any regulated activity which might affect, or may have the potential to cause effects to properties listed, or eligible for
listing, in the National Register of Historic Places.
9. Regulated activities which might result in disturbance or removal of human remains.
10. Regulated activities which require permission from the Corps pursuant to 33 U.S.C. 408 because they will alter or
temporarily or permanently occupy or use a Corps federally authorized Civil Works project.
11. Regulated activities that do not comply with applicable state dam safety criteria which have not been designed by
qualified persons.
12. Regulated activities which would adversely affect public water supplies.
D. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES
1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see Definitions, Section
I).
2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single and
complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from losses of
waters of the US and do not contribute to loss thresholds. Permanent adverse effects include filling, flooding,
excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse effects to waters
of the US include regulated activities that change a waterbody to dry land, increase the bottom elevation of a
waterbody, decrease the bottom elevation of a waterbody (e.g. excavation of a sedge meadow wetland to shallow
marsh), or change the use of a waterbody.
a) Losses of wetland must be reported in either acres or square feet, as appropriate.
b) Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the plane of the
ordinary high water mark. If regulated activities are proposed along opposite banks (e.g. bank stabilization along both
banks of a tributary) or at multiple locations (e.g. construction of bridge abutments and piers), they are added
together to determine the overall amount of linear loss to waters of the US.
2
St. Paul District Corps of Engineers, Regulatory Branch
Minor Discharges Regional General Permit
c) Additional measurements for waterbodies may be required. If required, these measurements will be specified in the
Regional General Permit Applicability, Section B or in PreConstruction Notification Information, Section E.
3. Temporary impacts to waters of the US include the sum of all regulated impacts to waters of the US for a single and
complete project which are restored to preconstruction conditions after construction. Examples of temporary
impacts to waters of the US may include the placement of timber matting, installation of coffer dams, trenching and
backfilling, and in many cases, mechanized landclearing.
a) Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate.
b) Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the
plane of the ordinary high water mark. If regulated activities are proposed along opposite banks or at multiple
locations, temporary impacts must be added together to determine the overall amount of temporary linear impact.
c) Additional measurements for waterbodies may be required. If required, these measurements will be specified in the
Regional General Permit Applicability, Section B or in PCN Information, Section E.
4. Losses and temporary impacts to waters of the US do not include activities that do not require Department of the Army
authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act.
5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may
qualify for the RGP, and are not reduced by compensatory mitigation.
E. PRECONSTRUCTION NOTIFICATION (PCN) INFORMATION
No PCN is required prior to the start of work. The applicant must meet ALL the terms and conditions of this
permit.
Though a PCN is not required, an applicant may request a verification letter from the Corps to confirm the proposed work
would meet the terms and conditions of this permit. The PCN must be in writing and should utilize the Minnesota Joint
Waters Wetlands Application, WI DNR application or the Corps standard individual permit application Form ENG 4345. A
letter containing the required information may also be used. A complete PCN must include:
a. Contact information including the name, mailing address, email address, and telephone numbers of the prospective
permittee and any third party agents.
b. Location of the proposed activity (i.e. sectiontownshiprange and latitude and longitude in decimal degrees);
c. A description of the proposed activity and its purpose; a description of any avoidance and minimization mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and any and all
other general or individual permits used or intended to be used to authorize any part of the overall proposed project
including activities that require Corps authorization but do not require PCN.
d. A tabulation of all impacts to waters of the US, including the anticipated amount of loss of waters and temporary
impacts expected to result from the proposed activity. Impacts to all waters of the US must be reported in acres
or square feet. In addition, tributary, pond, and lake impacts must also be reported in linear feet. A table may be
used to clearly and succinctly disclose this information (see Calculating Impacts to Waters of the United States,
Section D).
e. Sketches, maps, drawings and plans must be provided to show that the activity complies with the terms of the RGP.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity. Large and small
scale maps must be provided to show the project site location. Drawings and plans should be to scale, with scale
included, and depict all identified aquatic resources and aquatic resource impact areas, including planview drawings
on a recent aerial photograph, and crosssection and profile drawings where appropriate.
f. Identification of all aquatic resources on the project site and the acreage of each aquatic resource present. Aquatic
resources must be identified by type (e.g. wetland, tributary, lake, manmade ditch, pond, etc.) and impacts must be
identified by type (e.g. fill, excavation, etc.) and permanence (permanent or temporary). A wetland delineation may
be required.
3
St. Paul District Corps of Engineers, Regulatory Branch
Minor Discharges Regional General Permit
g. A statement describing how compensatory mitigation requirements will be satisfied, or an explanation why
compensatory mitigation should not be required. See Mitigation, Section F for more information.
h. The PCN must specify how long temporary impacts and structures will remain in place and include a restoration plan
showing how all temporary fills and structures will be removed and the area restored to preproject conditions.
F. MITIGATION
In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and
current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed
to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum
extent practicable at the project site (i.e., on site).
G. USE OF MULTIPLE RGP CATEGORIES (STACKING)
Activities authorized under the minor discharges RGP may not be combined or stacked with any other general permit
(nationwide, programmatic, or regional general permit) authorization. All regulated activities authorized by this permit
must be for one single and complete nonlinear project that does not require an additional Corps permit(s).
H. GENERAL CONDITIONS
To qualify for Minor Discharges RGP authorization, the prospective permittee must comply with the following conditions,
as applicable.
1.
2.
3.
4.
5.
Compliance: The permittee is responsible for ensuring that whomever performs, supervises or oversees any
portion of the physical work associated with the construction of the project has a copy of and is familiar with all
the terms and conditions of the RGP and any special (permitspecific) conditions included in any written
verification letter from the Corps. The activity must also comply with any special conditions added by the state,
tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and
conditions of the RGP. Any authorized structure or fill must be properly maintained, including maintenance to
ensure public safety and compliance with applicable RGP general conditions, as well as any activityspecific
conditions added by the Corps to an RGP authorization.
Compliance Certification: Each permittee who receives an RGP verification letter from the Corps must provide a signed
certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The Corps will provide the permittee the certification document with the RGP verification letter. The
completed certification document must be submitted to the Corps within 30 days of completion of the authorized
activity or the implementation of any required compensatory mitigation, whichever occurs later.
Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the
authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP
authorization.
Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting
appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce
impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
Endangered Species: No activity is authorized under this RGP which might affect a federally threatened or endangered
species or a species proposed for such designation, or critical habitat as identified under the Endangered Species Act
4
St. Paul District Corps of Engineers, Regulatory Branch
Minor Discharges Regional General Permit
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
(ESA), 50 CFR 402. Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS on their web page at www.fws.gov/ipac.
Calcareous Fens: The permittee may not complete regulated activities in a calcareous fen. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
Wild and Scenic Rivers: The permittee may not complete regulated activities which may affect or are located in a
designated portions of the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status.
Historic Properties, Cultural Resources: No activity which might affect historic properties listed or potentially eligible
for listing on the National Register of Historic Places is authorized.
Discovery of Previously Unknown Remains and Artifacts: If any previously unknown historic, cultural or archeological
remains and artifacts are discovered while accomplishing the activity authorized by this permit, the Corps must
immediately be notified of the findings. To the maximum extent practicable, construction activities must avoided that
may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the
federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota
Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native
American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or
removal of human remains until disposition of the remains has been determined by the appropriate authority under
these laws, and the work is authorized by the Corps. Regulated activities which result in an inadvertent discovery of
human remains must stop immediately, and the Corps, as well as the appropriate state and tribal authority, must be
notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as
appropriate, prior to restarting work.
Federally Authorized Corps Civil Works projects: A permittee is not authorized to begin any regulated activities
described in this RGP if activities will alter or temporarily or permanently occupy or use a Corps federally authorized
civil works project.
Dam Safety: Regulated activities that may affect a dam must comply with applicable state dam safety criteria and be
designed by qualified persons.
Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act).
Restoration of Temporary Impacts: All temporary impacts in waters of the US, including discharges resulting from side
casting material excavated from trenching, that occur as a result of the regulated activity must be fully contained with
appropriate erosion control or containment methods, be restored to preconstruction contours and elevations, and
revegetated with native, noninvasive vegetation. In temporarily excavated wetlands, the top 6 to 12 inches of the
excavation should normally be backfilled with topsoil originating from the wetland. No temporary excavation area,
including, but not limited to trenches, may be constructed or backfilled in such a manner as to drain waters of the US
(e.g., backfilling with extensive gravel layers, creating a French drain effect).
Duration of Temporary Impacts: Temporary impacts in waters of the U.S., including wetlands, must be avoided and
limited to the smallest area and the shortest duration required to accomplish the project purpose. Temporary impacts
may not remain in place longer than 90 days between May 15 and November 15. Before those 90 days have elapsed
all temporary discharges must be removed in their entirety.
Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may occur
as the result of the authorized work, appropriate BMPs must be implemented and maintained. For authorized work
above an OHWM the BMPs must remain in place until the affected area is stabilized with vegetation or ground cover.
For all authorized work below an OHWM, BMPs are required and must prevent or minimize adverse effects (e.g., total
suspended solids or sedimentation) to the water column outside of the authorized work area. Heavy equipment
working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil
5
St. Paul District Corps of Engineers, Regulatory Branch
Minor Discharges Regional General Permit
disturbance. All BMPs must be inspected and properly maintained following storm events to ensure they are
operational. All exposed slopes and stream banks must be stabilized within 24 hours after completion of all tributary
crossings.
17. Culverts and Crossings: Replacement and installation of culverts or crossings authorized by a RGP are to follow (or be
restored to) the natural alignment and profile of the tributary. The culverts or bridges must adequately pass low flow
and bankfull events, bedload, sediment load, and provide siteappropriate fish and wildlife passage. Example design
elements include recessing single culverts to accommodate natural bankfull width and adjusting additional culvert
inverts at an elevation higher than the bankfull elevation.
18. Aquatic Life Movements: No regulated activity may 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, unless the activity's primary purpose is to impound water.
19. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering
by substantial sedimentation) of a designated or known spawning area are not authorized.
20. Riprap: Only rock rap must be used and it must be of a size sufficient to prevent its movement from the authorized
alignment by natural forces under normal or high flows.
21. Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and
for minimizing any contamination resulting from a spill in accordance with all applicable state, tribal, and federal laws.
In accordance with applicable state, tribal, and federal laws and regulations, if a spill of any potential pollutant or
hazardous waste occurs, it is the responsibility of the permittee to immediately notify the National Response Center
at 18004248802 or www.nrc.uscg.mil AND
IN WISCONSIN: the WI DNR Spills Team at 18009430003; or
IN MINNESOTA: the Minnesota State Duty Officer at 18004220798.
22. Clean Construction Equipment: All construction equipment must be clean prior to entering and before leaving the
work site in order to prevent the spread of invasive species.
23. Fills Within 100Year Floodplains: The regulated activity must comply with applicable FEMAapproved state or local
floodplain management requirements.
24. Access Roads: Access roads must be sized appropriately and must be constructed in such a way to minimize
adverse effects on waters of the US and elevations must be as near as practicable to preconstruction contours
and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). All access roads constructed in waters of
the US must be properly bridged or culverted to maintain surface flows.
25. Section 401 Clean Water Act Water Quality Certification: forthcoming
26. Transfer of Regional General Permit Verifications: If the permittee sells the property associated with a regional
general permit verification, the permittee may transfer the regional general permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the regional general
permit 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 regional general permit are still in existence at the time
the property is transferred, the terms and conditions of this regional general permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this regional
general permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
_________________________________(Transferee)
___________________________________(Date)
I. DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non
structural.
6
St. Paul District Corps of Engineers, Regulatory Branch
Minor Discharges Regional General Permit
Compensatory mitigation: The restoration (reestablishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is
defined at 33 CFR 332.2(f).
Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register
criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete nonlinear project in the Corps Regulatory
Program. A project is considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR
part 329.
Ordinary high water mark: A line on the shore established by the fluctuations of water and indicated by physical
characteristics, or by other appropriate means that consider the characteristics of the surrounding areas.
Overall project: The aggregate of all single and complete projects related to the same purpose, including both linear and
nonlinear activities with regulated losses and temporary impacts to waters of the US.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Preconstruction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a
particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. PCN may be required by the
terms and conditions of this regional general permit. A PCN may be voluntarily submitted in cases where PCN is not
required and the project proponent wants verification that the activity is authorized by general permit.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural
importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes,
judicial decisions, or executive orders, including tribal trust resources.
Single and complete nonlinear project: For nonlinear projects, the term "single and complete project" is defined at 33
CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or partnership or other association
of owners/developers. A single and complete nonlinear project must have independent utility. Single and complete non
linear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A project is considered to have
independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a
multiphase project that depend upon other phases of the project do not have independent utility. Phases of a project
that would be constructed even if the other phases were not built can be considered as separate single and complete
projects with independent utility.
Tribal lands: Any lands which are either: 1) held in trust by the United States for the benefit of any Indian tribe or
individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remedies.
7
St. Paul District Corps of Engineers, Regulatory Branch
Minor Discharges Regional General Permit
Tributary: For the purposes of this permit, a water that contributes flow, either directly or through another water to a
traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the
physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, manaltered, or man
made water and includes waters such as rivers, streams, canals, and ditches.
Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
J. FURTHER INFORMATION
1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to
Section 404 of the Clean Water Act (33 U.S.C 1344).
2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by
an RGP based on concern for the aquatic environment or for any other factor of the public interest.
3. Limits of this authorization:
a. This RGP does not obviate the need to obtain other federal, state, or local authorizations required by law;
b. This RGP does not grant any property rights or exclusive privileges;
c. This RGP does not authorize any injury to the property or rights of others; and
d. This RGP does not authorize interference with any existing or proposed federal project.
4. Limits of 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 United States 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; or
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will
be made in reliance on the information provided by the project proponent.
6. Reevaluation of decision: This office may reevaluate its decision for an individual verification under this general
permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. The permittee fails to comply with the terms and conditions of this permit;
b. The information provided by the permittee in support of the preconstruction notification proves to have been
false, incomplete, or inaccurate (See 5 above); or
c. Significant new information surfaces which this office did not consider in reaching the original decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and
326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring the
permittee to comply with the terms and conditions of their permit and for the initiation of legal action where
appropriate. The permittee will be required to pay for any corrective measures ordered by this office, and if the
permittee fails to comply with such directive, this office may in certain situations (such as those specified in 33 CFR
209.170) accomplish the corrective measures by contract or otherwise and bill the permittee for the cost.
7. This office may also reevaluate its decision to issue this RGP at any time the circumstances warrant. Circumstances
that could require a reevaluation include, but are not limited to, significant new information surfaces which this office
did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination
that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.
8
DEPARTMENT OF THE ARMY
PIERS AND DOCKS REGIONAL GENERAL PERMIT
PERMIT: Piers and Docks Regional General Permit
ISSUING OFFICE: St. Paul District U.S. Army Corps of Engineers
EFFECTIVE DATE: February 17, 2018
EXPIRATION DATE: February 16, 2023
A. AUTHORIZATION
Regulated activities conducted in accordance with the terms and conditions of the Piers and Docks Regional General
Permit (RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Federallyrecognized American
Indian Reservations in Wisconsin and Minnesota. All regulated activities require an applicant to submit preconstruction
notification (PCN) and receive written St. Paul District Corps of Engineers Regulatory Branch (Corps) verification prior to
commencing work. Refer to the appropriate sections of this permit for a description of RGP procedures, eligible activities,
conditions, exclusions and application instructions.
Unless otherwise specified in the Corps letter verifying a project complies with the terms and conditions of this RGP, the
time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized
under this RGP that have commenced construction or are under contract to commence construction in reliance upon this
RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration,
suspension, or revocation; whichever is sooner.
Some RGP authorizations are not valid until a project proponent obtains a Clean Water Act Section 401 water quality
certification (401 certification) or waiver from the appropriate water quality certifying agency; see general condition 24 in
Section H below. Section 404, Clean Water Act regulated activities excluded from 401 certification in general condition 24
require a projectspecific 401 certification or waiver from the appropriate agency. In addition, some RGP authorizations
may be subject to projectspecific special conditions that will be specified in the Corps verification letter. This RGP does not
obviate the need for other necessary federal, state, tribal, or local authorizations or permits.
B. PIERS AND DOCKS REGIONAL GENERAL PERMIT APPLICABILITY
The Piers and Docks RGP applies to certain activities in waters of the United States (US), including wetlands, as described
below, in the States of Wisconsin and Minnesota, including within the exterior boundaries of Indian Reservations.
1. Authorities: Section 404 of the Clean Water Act (33 U.S.C. 1344, Section 404) for discharges of dredged and fill material
into waters of the US and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403, Section 10) for work and
structures that are located in, under, or over any navigable water of the US. Activities subject to Section 404 and Section
10 regulatory requirements are hereafter referred to as regulated activities.
2. Eligible Activities: Regulated activities associated with the construction, installation, and modification of piers, docks,
small rock cribs and ancillary features. Temporary structures, fills, and work, including the use of temporary mats,
necessary to accomplish these activities are also authorized.
3. Activity Restrictions:
a. Length: The pier or dock must only extend into the water from the shoreline out to the point where there is
adequate depth to accomplish the primary purpose of the pier or dock (e.g. for mooring a boat or using a boat
hoist or lift this is typically 3 feet in depth, fishing piers may require less depth).
b. Width: The width of the primary walkway (also referred to as the access dock) for a pier or dock may not exceed 8
feet, unless otherwise authorized via a waiver in a Corps verification letter.
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
c. Terminal sections of a pier or dock: (e.g. "L", "T", or "U" shaped pier section, boat shelter, boat hoist, or lift) may
not exceed 200 square feet, not including the area of the primary walkway. This criteria may be waived by the
Corps.
d. Regulated discharges of dredged and fill material associated with the construction, installation or modification of
small rock cribs must be of the minimum number and size and may not exceed 400 square feet, unless otherwise
authorized via a waiver in a Corps verification letter. Rock cribs as pier or dock support must only be used in
waters where pilings are not a practicable alternative. Waiver requests must describe the need for the proposed
discharge, how the discharge proposed has been avoided and minimized to the maximum extent practicable, and
how the proposed discharge complies with B.3.g. below.
e. All structures and fills authorized by this category shall be designed, located, or operated in a manner which
would not impede public use of waterways.
f. No structures or fills authorized by this RGP may extend into a federal navigational channel or used to moor
vessels within a federal navigational channel.
g. All structures or fills authorized by this RGP must be designed to minimize disruption of flow and circulation
patterns and sediment transport.
4. PreConstruction Notification (PCN): An applicant must submit preconstruction notification and receive written Corps
verification of Piers and Docks RGP coverage prior to starting work. See Section E. Preconstruction Notification (PCN)
Information for additional information.
C. PIERS AND DOCKS REGIONAL GENERAL PERMIT EXCLUSIONS
The following activities are INELIGIBLE for Piers and Docks RGP authorization:
1. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights),
protected tribal resources, or tribal lands.
2. Regulated activities eligible for authorization under a valid Corps Special Area Management plan (SAMP) general
permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/PermittingProcessProcedures for more
information on SAMPs.
3. Regulated activities that would cause the loss of more than 400 square feet of a tributary, unless otherwise
authorized via a waiver in a Corps verification letter.
4. Regulated activities that would occur in a calcareous fen, unless the Wisconsin Department of Natural Resources
(WI DNR) has authorized the proposed regulated activity, or the Minnesota Department of Natural Resources
(MN DNR) has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
5. Regulated activities that would occur in portions of rivers designated as part of the National Wild and Scenic River
System (this includes parts of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin), or in
a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an
official study status. This exclusion applies unless the appropriate Federal agency with direct management
responsibility for such river, has determined in writing that the proposed regulated activity will not adversely affect
the Wild and Scenic River designation or study status.
6. Regulated activities which are likely to directly or indirectly jeopardize the continued existence of a federally
threatened or endangered species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No regulated activity is authorized which "may affect" a listed species or critical habitat, unless ESA
section 7 consultation addressing the effects of the proposed activity has been completed.
7. Regulated activities which may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, unless the requirements of Section 106 of the National Historic Preservation
Act (NHPA) have been satisfied.
2
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
8. Regulated activities which may result in disturbance or removal of human remains unless disposition of the
remains has been determined by the appropriate authority under applicable laws, and the work is authorized by
the Corps. See Section H, Condition 10 for more information.
9. Regulated activities which require permission from the Corps pursuant to 33 U.S.C. 408 (Section 408) because
they will alter or temporarily or permanently occupy or use a Corps federally authorized civil works project, unless
the appropriate Corps office issues the Section 408 permission to alter, occupy, or use Corps federally authorized
civil works project.
10. Regulated activities where applicants are unable to demonstrate that the structures comply with applicable
state dam safety criteria or have been designed by qualified persons.
11. Regulated activities which would adversely affect public water supplies.
D. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES
This section describes the impact calculations the Corps generally uses to verify that an RGP meets the stated restrictions
in Section B above. Some components described in this section may not be applicable to the Piers and Docks RGP.
However, projects where Piers and Docks RGP activities are one component of a larger project requiring Corps
authorization may require a tabulation of more varied impacts than required by the Piers and Docks RGP alone. See
Section G below for more information regarding the use of multiple general permits.
1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see Definitions,
Section I).
2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single and
complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from losses
of waters of the US and do not contribute to loss thresholds. Permanent adverse effects include filling, flooding,
excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse effects to
waters of the US include regulated activities that change a waterbody to dry land, increase the bottom elevation
of a waterbody (e.g. installation of rock filled cribs), decrease the bottom elevation of a waterbody (e.g.
excavation of a sedge meadow wetland to shallow marsh), or change the use of a waterbody.
a) Losses of wetland must be reported in either acres or square feet, as appropriate.
b) Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the
plane of the ordinary high water mark. If regulated activities are proposed along opposite banks (e.g. bank
stabilization along both banks of a tributary) or at multiple locations (e.g. construction of bridge abutments
and piers), they are added together to determine the overall amount of linear loss to waters of the US.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B or in PreConstruction Notification
Information, Section E.
3. Temporary impacts to waters of the US include the sum of all regulated impacts to waters of the US for a single
and complete project which are restored to preconstruction conditions after construction. Examples of
temporary impacts to waters of the US may include the placement of timber matting, installation of coffer dams,
trenching and backfilling, and in many cases, mechanized landclearing.
a) Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate.
b) Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet
below the plane of the ordinary high water mark. If regulated activities are proposed along opposite banks or
at multiple locations, temporary impacts must be added together to determine the overall amount of
temporary linear impact.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B or in PreConstruction Notification
Information, Section E.
3
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
4. Losses and temporary impacts to waters of the US do not include: activities that do not require Department of the
Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act.
5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may
qualify for the RGP, and are not reduced by compensatory mitigation.
E. PRECONSTRUCTION NOTIFICATION (PCN) INFORMATION
Project proponents must obtain written Corps verification of Piers and Docks RGP coverage prior to starting work.
The PCN must include any and all other nationwide permits, programmatic general permits, regional general permits, or
individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity.
1. Timing of PCN: Where required by the terms of this RGP, the prospective permittee must notify the Corps by
submitting a PCN as early as possible. The Corps will determine if the PCN is complete within 30 calendar days of the
date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day
period to request the additional information necessary to make the PCN complete. As a general rule, the Corps will
request additional information necessary to make the PCN complete only once. However, if the prospective permittee
does not provide all of the requested information, then the Corps will notify the prospective permittee that the PCN is
still incomplete and the PCN review process will not commence until all of the requested information has been received
by the Corps. The prospective permittee shall not begin the activity until they are notified in writing by the Corps that
the activity may proceed under the RGP with any special conditions imposed by the Corps.
2. Form and Content of PCN: The PCN must be in writing and should utilize the Minnesota Joint Waters Wetlands
Application, WI DNR application or the Corps standard individual permit application Form ENG 4345. A letter
containing the required information may also be used. A complete PCN must include:
a. Contact information including the name, mailing address, email address, and telephone numbers of the prospective
permittee and any third party agents.
b. Location of the proposed activity (i.e. sectiontownshiprange and latitude and longitude in decimal degrees);
c. A description of the proposed activity and its purpose; a description of any avoidance and minimization mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and any and all
other general or individual permits used or intended to be used to authorize any part of the overall proposed project
including activities that require Corps authorization but do not require PCN.
d. A tabulation of all impacts to waters of the US, including the anticipated amount of loss of waters and temporary
impacts expected to result from the proposed activity. Impacts to all waters of the US must be reported in acres
or square feet. In addition, tributary, pond, and lake impacts must also be reported in linear feet. A table may be
used to clearly and succinctly disclose this information (see Calculating Impacts to Waters of the United States,
Section D).
e. Sketches, maps, drawings and plans must be provided to show that the activity complies with the terms of the RGP.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity. Large and small
scale maps must be provided to show the project site location. Drawings and plans should be to scale, with scale
included, and depict all identified aquatic resources and aquatic resource impact areas, including planview drawings
on a recent aerial photograph, and crosssection and profile drawings where appropriate.
f. Identification of all aquatic resources on the project site and the acreage of each aquatic resource present. Aquatic
resources must be identified by type (e.g. wetland, tributary, lake, manmade ditch, pond, etc.) and impacts must be
identified by type (e.g. fill, excavation, etc.) and permanence (permanent or temporary). A wetland delineation may
be required.
g. A statement describing how compensatory mitigation requirements will be satisfied, or an explanation why
compensatory mitigation should not be required. See Mitigation, Section F for more information.
4
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
h. If the proposed project would impact a calcareous fen, the PCN must include a copy of the WI DNR authorization for
the proposed regulated activity, or a copy of the approved MN DNR calcareous fen management plan specific to the
project.
i. If any federallylisted proposed, threatened or endangered species or proposed or designated critical habitat might
be affected by the regulated activity, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by
the proposed activity. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with ESA Section 7.
j. If the activity might have the potential to cause effects to an historic property listed on, eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property
might have the potential to be affected by the proposed activity and include a vicinity map indicating the location of
the historic property. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with Section 106 of the NHPA.
k. If an activity is proposed in a portion of a river designated as part of the National Wild and Scenic River System (including
portions of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin) or in a river officially
designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study
status, the PCN must identify the Wild and Scenic River or the "study river."
l. The PCN must specify how long temporary impacts and structures will remain in place and include a restoration plan
showing how all temporary fills and structures will be removed and the area restored to preproject conditions.
m. If a waiver for a specific category or condition of the permit is proposed, the PCN must include an explanation of the
need for a waiver and why the applicant believes the impacts would result in minimal individual and cumulative
adverse environmental effects. The Piers and Docks RGP includes waivers for the following: the 8 foot width threshold
in Section B.3.b; the 200 square foot terminal section threshold in Section B.3.c; the 400 square foot discharge
threshold in Section B.3.d; the restoration criteria for temporary impacts, see Section H, condition 14; and the
duration of temporary impacts condition, see Section H, condition 15. Please refer to these sections as appropriate
for additional information required for the specific waiver requested.
n. For an activity that requires permission from the Corps pursuant to Section 408 because it will alter or temporarily or
permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the PCN must
include a statement confirming if the project proponent has submitted a written request for Section 408 permission
from the Corps office having jurisdiction over the Corps civil works project.
F. MITIGATION
In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and
current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed
to avoid and minimize (mitigate) adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site (i.e., on site). Mitigation includes actions which may avoid, minimize,
rectify, reduce, or compensate for adverse environmental effects or activities which may otherwise be contrary to the
public interest. Regulated activities which the Corps believes do not mitigate adverse environmental effects or are
contrary to the public interest are ineligible for authorization by the Utility RGP, and will be evaluated by the Corps using
individual permit procedures.
After all practicable steps to avoid and minimize adverse effects to waters of the US have been considered, the Corps may
require compensatory mitigation to ensure that the regulated activity results in no more than minimal adverse
environmental effects, or will not be contrary to the public interest. In reviewing the complete PCN for the proposed
activity, the Corps will determine whether the activity authorized by the RGP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. The Corps will issue the RGP
verification for that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after
5
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
considering compensatory mitigation, that the proposed activity will result in more than minimal individual and
cumulative adverse effects on the aquatic environment and other aspects of the public interest. When this occurs, the
Corps will exercise discretionary authority to require an individual permit evaluation for the proposed regulated activity.
Regulated activities eligible for this RGP which require submittal of a PCN must include a statement describing how
compensatory mitigation requirements will be satisfied, or an explanation why compensatory mitigation should not be
required for proposed impacts to waters of the US. Project proponents may propose the use of mitigation banks, inlieu
fee programs, or permitteeresponsible mitigation. When developing a compensatory mitigation proposal, the project
proponent must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b).
Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable
provisions of the current Corps policies, guidelines, and 33 CFR 332 (the Mitigation Rule).
Information regarding current Corps policies and guidelines about compensatory mitigation in Minnesota and Wisconsin
may be viewed online at www.mvp.usace.army.mil/Missions/Regulatory/Mitigation. Information regarding existing banks
and inlieu fee programs is available online at www.ribits.usace.army.mil. Nationally applicable information, including the
Mitigation Rule, may be read online at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramand
Permits/mitig_info/.
G. USE OF MULTIPLE GENERAL PERMITS (STACKING)
Single and complete nonlinear projects may not be ``piecemealed'' to avoid the limits in a general permit (nationwide,
programmatic, or regional general permit) authorization. When general permit limits are exceeded, single and complete
projects may be eligible for review and authorization by an individual permit.
Unless otherwise indicated by a specific general permit or general permit category, the use of more than one general
permit (nationwide, programmatic, or regional general permit) for a single and complete project is prohibited, except when
the acreage or linear foot loss of waters of the US authorized by the general permits does not exceed the loss limit of the
general permit with the highest specified acreage limit.
H. GENERAL CONDITIONS
To qualify for Piers and Docks RGP authorization, the prospective permittee must comply with the following conditions, as
applicable, in addition to any projectspecific conditions imposed by the Corps.
Compliance: The permittee is responsible for ensuring that whomever performs, supervises or oversees any
portion of the physical work associated with the construction of the project has a copy of and is familiar with all
the terms and conditions of the RGP and any special (permitspecific) conditions included in any written
verification letter from the Corps. The activity must also comply with any special conditions added by the state,
tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and
conditions of the RGP. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety and compliance with applicable RGP general conditions, as well as any activityspecific
conditions added by the Corps to an RGP authorization.
2. Compliance Certification: Each permittee who receives an RGP verification letter from the Corps must provide a signed
certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The Corps will provide the permittee the certification document with the RGP verification letter. The
completed certification document must be submitted to the Corps within 30 days of completion of the authorized
activity or the implementation of any required compensatory mitigation, whichever occurs later.
1.
6
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
3.
4.
5.
6.
7.
8.
9.
10.
Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the
authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP
authorization.
Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting
appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce
impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
Endangered Species:
a. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence
of a federally threatened or endangered species or a species proposed for such designation, as identified under
the Endangered Species Act (ESA), 50 CFR 402, or which will directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized under this RGP which "may affect" a listed species or
critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been
completed, and a Corps RGP verification letter is issued. Direct effects are the immediate effects on listed species
and critical habitat caused by the RGP activity. Indirect effects are those effects on listed species and critical
habitat that are caused by the RGP activity and are later in time, but still are reasonably certain to occur.
b. As a result of formal or informal consultation with the FWS the Corps may add speciesspecific permit condition
to the RGP verification.
c. Information on the location of federally threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS on their web page at www.fws.gov/ipac.
Calcareous Fens: The permittee may not complete regulated activities in a calcareous fen, unless the Wisconsin
Department of Natural Resources has authorized the proposed regulated activity, or the Minnesota Department of
Natural Resources has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
Wild and Scenic Rivers: The permittee may not complete regulated activities which may affect or are located in a
designated portions of the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic River designation or study status.
Historic Properties, Cultural Resources:
a. No activity which may affect historic properties listed or potentially eligible for listing on the National Register of
Historic Places is authorized until the requirements of Section 106 of the National Historic Preservation Act
(Section 106) have been fulfilled. Federal project proponents should follow their own procedures for complying
with the requirements of Section 106 and provide documentation of compliance with those requirements.
b. Information on the location and existence of historic and cultural resources can be obtained from the State
Historic Preservation Office, Tribal Historic Preservation Offices, and the National Register of Historic Places.
c. Rock or fill material used for activities authorized by this permit must either be obtained from existing quarries or,
if a new borrow site is excavated to obtain fill material, the Corps must be notified prior to the use of the new site
to determine whether a cultural resources survey of the site is necessary.
Discovery of Previously Unknown Remains and Artifacts: If you discover any previously unknown historic, cultural or
archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately
notify the Corps of what you have found, and to the maximum extent practicable, avoid construction activities that
may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the
federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota
Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native
7
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
11.
12.
13.
14.
15.
16.
American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or
removal of human remains until disposition of the remains has been determined by the appropriate authority under
these laws, and the work is authorized by the Corps. Regulated activities which result in an inadvertent discovery of
human remains must stop immediately, and the Corps, as well as the appropriate state and tribal authority, must be
notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as
appropriate, prior to restarting work.
Federally Authorized Corps Civil Works projects: A permittee is not authorized to begin any regulated activities
described in this RGP if activities will alter or temporarily or permanently occupy or use a Corps federally authorized
civil works project, unless the appropriate Corps office issues Section 408 permission to alter, occupy, or use the
Corps civil works project (pursuant to 33 U.S.C. 408), and the Corps issues written a RGP verification. Examples of
federal projects include but are not limited to works that were built by the Corps and are locally maintained (such as
local flood control projects) or operated and maintained by the Corps (such as locks and dams).
Dam Safety: Permittees are not authorized to begin regulated activities unless they are able to demonstrate that the
structures, when appropriate, comply with applicable state dam safety criteria or have been designed by qualified
persons. The Corps may require documentation that the design has been independently reviewed by similarly
qualified persons, and appropriate modifications are made to ensure safety.
Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act).
Restoration of Temporary Impacts: All temporary impacts in waters of the US, including discharges resulting from side
casting material excavated from trenching, that occur as a result of the regulated activity must be fully contained with
appropriate erosion control or containment methods, be restored to preconstruction contours and elevations, and
revegetated with native, noninvasive vegetation. A project proponent may request, in writing, a waiver from this
condition from the Corps. An acceptable reason for a waiver to this condition may include, but is not limited to, the
Corps allowing natural restoration of the site when the resulting grade and existing seed bank are sufficient for the
site to restore to preconstruction conditions. In temporarily excavated wetlands, the top 6 to 12 inches of the
excavation should normally be backfilled with topsoil originating from the wetland. No temporary excavation area,
including, but not limited to trenches, may be constructed or backfilled in such a manner as to drain waters of the
United States (e.g., backfilling with extensive gravel layers, creating a French drain effect).
Duration of Temporary Impacts: Temporary impacts in waters of the U.S., including wetlands, must be avoided and
limited to the smallest area and the shortest duration required to accomplish the project purpose.
a. Unless otherwise conditioned in a Corps RGP verification, temporary impacts may not remain in place longer than
90 days between May 15 and November 15. Before those 90 days have elapsed all temporary discharges must be
removed in their entirety.
b. If the temporary impacts would remain in place for longer than 90 days between May 15 and November 15, the
PCN must request a waiver from this condition and specify how long temporary impacts will remain and include a
restoration plan showing how all temporary fills and structures will be removed and the area restored to pre
project conditions. The permittee must remove the temporary impacts in their entirety in accordance with the
activity authorized their permit verification.
Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may
occur as the result of the authorized work, appropriate BMPs must be implemented and maintained. For
authorized work above an OHWM the BMPs must remain in place until the affected area is stabilized with
vegetation or ground cover. For all authorized work below an OHWM, BMPs are required and must prevent or
minimize adverse effects (e.g., total suspended solids or sedimentation) to the water column outside of the
authorized work area. Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance. All BMPs must be inspected and properly maintained
following storm events to ensure they are operational. All exposed slopes and stream banks must be stabilized
within 24 hours after completion of all regulated work.
8
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
17. Aquatic Life Movements: No regulated activity may substantially disrupt the necessary life cycle movements of
those species of aquatic life indigenous to the waterbody, including species that normally migrate through the area.
18. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent
19.
20.
21.
22.
23.
24.
25.
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering
by substantial sedimentation) of a designated or known spawning area are not authorized.
Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and
for minimizing any contamination resulting from a spill in accordance with all applicable state, tribal, and federal laws.
In accordance with applicable state, tribal, and federal laws and regulations, if a spill of any potential pollutant or
hazardous waste occurs, it is the responsibility of the permittee to immediately notify the National Response Center
at 18004248802 or www.nrc.uscg.mil AND
IN WISCONSIN: the WI DNR Spills Team at 18009430003; or
IN MINNESOTA: the Minnesota State Duty Officer at 18004220798.
Clean Construction Equipment: All construction equipment must be clean prior to entering and before leaving the
work site in order to prevent the spread of invasive species.
Navigation: No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the
permittee's expense on authorized facilities in navigable waters of the US. 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, 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.
Fills Within 100Year Floodplains: The regulated activity must comply with applicable FEMAapproved state or local
floodplain management requirements.
Access Roads: Access roads must be sized appropriately and must be constructed in such a way to minimize adverse
effects on waters of the US and elevations must be as near as practicable to preconstruction contours and elevations
(e.g., at grade corduroy roads or geotextile/gravel roads). All access roads constructed in waters of the US must be
properly bridged or culverted to maintain surface flows.
Section 401 Clean Water Act Water Quality Certification: forthcoming
Transfer of Regional General Permit Verifications: If the permittee sells the property associated with a regional
general permit verification, the permittee may transfer the regional general permit verification to the new owner
by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the regional general
permit 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 regional general permit are still in existence at the time
the property is transferred, the terms and conditions of this regional general permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this regional
general permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
___________________________________
(Transferee)
__________________________________
(Date)
I. DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non
structural.
9
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
Compensatory mitigation: The restoration (reestablishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is
defined at 33 CFR 323.2(f).
Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register
criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete nonlinear project in the Corps Regulatory
Program. A project is considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Navigable waters: Waters subject to Section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR
part 329.
Ordinary high water mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding
areas.
Overall project: The aggregate of all single and complete projects related to the same purpose, including both linear and
nonlinear activities with regulated losses and temporary impacts to waters of the US.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Preconstruction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a
particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. PCN may be required by the
terms and conditions of this regional general permit. A PCN may be voluntarily submitted in cases where PCN is not
required and the project proponent wants verification that the activity is authorized by general permit.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural
importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes,
judicial decisions, or executive orders, including tribal trust resources.
Single and complete nonlinear project: For nonlinear projects, the term "single and complete project" is defined at 33
CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or partnership or other association
of owners/developers. A single and complete nonlinear project must have independent utility. Single and complete non
linear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A project is considered to have
independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a
multiphase project that depend upon other phases of the project do not have independent utility. Phases of a project
that would be constructed even if the other phases were not built can be considered as separate single and complete
projects with independent utility.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, bulkhead, revetment, riprap, jetty, permanent mooring
structure, permanently moored floating vessel, piling, aid to navigation, or any other manmade obstacle or obstruction.
Tribal lands: Any lands which are either: 1) held in trust by the United States for the benefit of any Indian tribe or
individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
10
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remedies.
Tributary: For the purposes of this permit, a water that contributes flow, either directly or through another water to a
traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the
physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, manaltered, or man
made water and includes waters such as rivers, streams, canals, and ditches.
Waiver: An approval from the Corps which allows an applicant to exceed the activity restrictions or conditions described
in an RGP. Waivers may only be considered when expressly indicated as available in an RGP and will only be granted once
the Corps has made a written determination that the RGP activity will result in only minimal individual and cumulative
adverse environmental effects. When a waiver is required, an applicant cannot start work until they have received a RGP
verification letter with waiver approval.
Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
J. FURTHER INFORMATION
1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to
Section 404 of the Clean Water Act (33 U.S.C 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403).
2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by
an RGP based on concern for the aquatic environment or for any other factor of the public interest.
3. Limits of this authorization:
a. This RGP does not obviate the need to obtain other federal, state, or local authorizations required by law;
b. This RGP does not grant any property rights or exclusive privileges;
c. This RGP does not authorize any injury to the property or rights of others; and
d. This RGP does not authorize interference with any existing or proposed federal project.
4. Limits of 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 United States 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; or
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will
be made in reliance on the information provided by the project proponent.
6. Reevaluation of decision: This office may reevaluate its decision for an individual verification under this general
permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. The permittee fails to comply with the terms and conditions of this permit;
b. The information provided by the permittee in support of the preconstruction notification proves to have been
false, incomplete, or inaccurate (See 5 above); or
c. Significant new information surfaces which this office did not consider in reaching the original decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
11
St. Paul District Corps of Engineers, Regulatory Branch
Piers and Docks Regional General Permit
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring the permittee to comply with the terms and conditions of their permit and for the initiation of legal
action where appropriate. The permittee will be required to pay for any corrective measures ordered by this
office, and if the permittee fails to comply with such directive, this office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill the permittee
for the cost.
7. This office may also reevaluate its decision to issue this RGP at any time the circumstances warrant. Circumstances
that could require a reevaluation include, but are not limited to, significant new information surfaces which this office
did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination
that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.
K. CORPS DECISION
In reviewing the PCN for the proposed activity, the Corps will determine whether the activity authorized by the RGP will
result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific RGP, the Corps should issue the RGP verification for
that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after considering mitigation,
that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to require an individual permit
for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of
waters of the US to determine whether they individually satisfy the terms and conditions of the RGPs, as well as the
cumulative effects caused by all of the crossings authorized by RGP. If an applicant requests a waiver for any limit where
waivers are indicated as available, the Corps will only grant the waiver upon a written determination that the RGP activity
will result in only minimal individual and cumulative adverse environmental effects.
When making minimal adverse environmental effects determinations the Corps will consider the direct and indirect
effects caused by the RGP activity. The Corps will also consider the cumulative adverse environmental effects caused by
activities authorized by the RGP and whether those cumulative adverse environmental effects are no more than minimal.
The Corps will consider site specific factors, such as the environmental setting in the vicinity of the RGP activity, the type
of resource that will be affected by the RGP activity, the functions provided by the aquatic resources that will be affected
by the RGP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that
aquatic resource functions will be lost as a result of the RGP activity (e.g., partial or complete loss), the duration of the
adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g.,
watershed or ecoregion), and mitigation required by the Corps. The Corps may add casespecific special conditions to the
RGP authorization to address sitespecific environmental concerns.
The Corps will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in
the proposal to inform decisions regarding whether the net adverse environmental effects of the proposed activity are no
more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the Corps determines
that the activity complies with the terms and conditions of the RGP and that the adverse environmental effects are no
more than minimal, after considering mitigation, the Corps will notify the permittee and include any activity specific
conditions in the RGP verification the Corps deems necessary. Conditions for compensatory mitigation requirements must
comply with the appropriate provisions at 33 CFR 332.3(k). When compensatory mitigation is required, the Corps must
approve the final mitigation plan before the permittee commences work in waters of the US, unless the Corps determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation. If the Corps determines that the adverse environmental effects of the proposed
activity are more than minimal, then the Corps will notify the applicant of next steps as described in 33 CFR 325.2.
12
DEPARTMENT OF THE ARMY
TRANSPORTATION REGIONAL GENERAL PERMIT
PERMIT: Transportation Regional General Permit
ISSUING OFFICE: St. Paul District U.S. Army Corps of Engineers
EFFECTIVE DATE: February 17, 2018
EXPIRATION DATE: February 16, 2023
A. AUTHORIZATION
Regulated activities conducted in accordance with the terms and conditions of the Transportation Regional General
Permit (RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Federallyrecognized American
Indian Reservations in Wisconsin and Minnesota. Certain regulated activities require an applicant to submit pre
construction notification (PCN) and receive written St. Paul District Corps of Engineers Regulatory Branch (Corps)
verification prior to commencing work. Refer to the appropriate sections of this permit for a description of RGP
procedures, eligible activities, conditions, exclusions and application instructions.
Unless otherwise specified in the Corps letter verifying a project complies with the terms and conditions of this RGP, the
time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized
under this RGP that have commenced construction or are under contract to commence construction in reliance upon this
RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration,
suspension, or revocation; whichever is sooner.
Some RGP authorizations are not valid until a project proponent obtains a Clean Water Act Section 401 water quality
certification (401 certification) or waiver from the appropriate water quality certifying agency; see general condition 27 in
Section H below. Section 404, Clean Water Act regulated activities excluded from 401 certification in general condition 27
require a projectspecific 401 certification or waiver from the appropriate agency. In addition, some RGP authorizations
may be subject to projectspecific special conditions that will be specified in the Corps verification letter. This RGP does not
obviate the need for other necessary federal, state, tribal, or local authorizations or permits.
B. TRANSPORTATION REGIONAL GENERAL PERMIT APPLICABILITY
The Transportation RGP applies to certain transportation associated activities in waters of the United States (US),
including wetlands, as described in this permit, in the States of Wisconsin and Minnesota, including within the exterior
boundaries of Indian Reservations.
Authorities: The Transportation RGP may be used to authorize these activities pursuant to Section 404 of the Clean Water
Act (33 U.S.C. 1344, Section 404) for discharges of dredged and fill material into waters of the US and Section 10 of the
Rivers and Harbors Act of 1899 (33 U.S.C. 403, Section 10) for work and structures that are located in, under, or over any
navigable water of the US. Activities subject to Section 404 and Section 10 regulatory requirements are hereafter
referred to as regulated activities.
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
CATEGORY 1: MINOR MAINTENANCE LINEAR TRANSPORTATION
Eligible Activities: Regulated activities required for crossings of waters of the US associated with minor repairs,
rehabilitation, or replacement of a previously authorized1 currently serviceable linear transportation project provided that
the structure or fill is not to be put to uses differing from those uses specified or contemplated in the original permit or
the most recently authorized modification. Regulated activities associated with tributary channelization, slope widening,
road widening, new lanes, trails, railways and runways, or new stormwater ponds are NOT authorized by this category.
Activities authorized by this category are limited to:
(1) Minor deviations in a culvert or bridge configuration or filled area due to changes in materials, construction
techniques, requirements of other regulatory agencies, or current construction codes, site conditions, or
safety standards, including and limited to: the repair of a culvert aprons or bridge piles, lining or cleaning of
pipes, culverts or bridges, extension of culverts without slope or shoulder widening, upsizing of culverts or
flumes, maintenance of existing stream bank protection (not to expand original footprint), resetting or re
tying of aprons and culverts, and apron placements2, including the use of temporary discharges, necessary to
conduct those activities;
(2) Removal of previously authorized structures or fills, including temporary discharges necessary to conduct
those activities;
(3) Repair, rehabilitation, or replacement of structures or fills destroyed or damaged by storms, floods, fire or
other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract
to commence, within two years of the date of their destruction or damage, including temporary discharges
necessary to conduct those activities; and
(4) Removal of accumulated sediment and debris within the vicinity of bridges and culverted crossings, including
temporary discharges necessary to conduct those activities2.
Activity restrictions:
a) Removal of accumulated sediment and debris is limited to the minimum necessary to reestablish the approximate
dimensions of a waterway in the vicinity of a structure to what existed when the structure was built and does not
extend farther than 200 feet in any direction from the structure.
b) All tributary channel modifications are limited to the minimum necessary for the repair, rehabilitation, or replacement
of a structure or fill. Modifications to a tributary, including the removal of material from the tributary necessary to
complete eligible activities, must be immediately adjacent to the structure or fill being maintained.
c) All dredged or excavated material must be deposited and retained in an area that is not a water of the US.
No PCN is required unless triggered by the terms and condition of this permit (See Section E. PreConstruction Notification).
CATEGORY 2: MODIFICATION LINEAR TRANSPORTATION
1
Previously authorized under 33 CFR 330.3 or by a Corps permit
The undertaking of these activities does not always result in a discharge or require a Corps permit. This RGP category authorizes the
repair, rehabilitation, or replacement of previously authorized structures or fills that do not qualify for the Clean Water Act (CWA)
Section 404(f) exemptions such as the maintenance exemption or the maintenance (but not construction) of drainage ditch
exemption.
2
2
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
Eligible Activities: Regulated activities required for crossings of waters of the US associated with the expansion,
modification, improvement or minor realignments of an existing linear transportation project (e.g., roads, highways,
attached frontage roads, railways, trails, airport runways, and taxiways), including the temporary structures, fills, and
work, including the use of temporary mats, necessary for those activities.
Activity restrictions:
a) Regulated activities cannot cause the loss of greater than 1.0 acre of waters of the US for each single and complete
project, including the area of tributary loss (see definition of single and complete linear project).
b) If the overall project (including all single and complete projects) would result in the loss of 3.0 acres or less of waters
of the US, including the area of tributary loss, the 1.0 acre limit at each single and complete crossing does not apply.
c) All tributary channel modifications, including bank stabilization, are limited to the minimum necessary to construct or
protect the linear transportation project and cannot exceed 500 linear feet3 for each single and complete project,
unless the Corps waives the 500 linear foot limit by making a written determination concluding that the discharge will
result in no more than minimal adverse environmental effects. An applicant may request, in writing, a waiver from the
Corps.
An applicant must submit a PCN for the overall linear project proposed:
i. If a single and complete project exceeds 0.1 acre of loss of waters of the US;
ii. If the overall linear project (including all single and complete projects) exceeds 10,000 square feet of loss of waters of
the US;
iii. If the single and complete project exceeds 0.5 acre of temporary impact to waters of the US;
iv. If a waiver from General Condition 15 for the duration of temporary impacts in waters of the US is requested by the
applicant (allowing temporary fill to remain in place longer than 90 days between May 15 and November 15);
v. If a waiver from the 500 linear foot tributary limit is requested by an applicant; or
vi. If triggered by the project's location or potential impacts as described in Section E. PreConstruction Notification.
CATEGORY 3: NEW CONSTRUCTION LINEAR TRANSPORTATION
Eligible Activities: Regulated activities required for crossings of waters of the US associated with the construction of a
linear transportation project (e.g., roads, highways, railways, trails, airport runways, and taxiways). Examples of eligible
activities include: discharges for the construction of: (1) new roads or major realignments of existing roadways; (2) new
railroad spurs or tracks; (3) new or detached frontage roads; (4) new airport runways; (5) new or detached trails; (6)
associated linear infrastructure for those new construction projects, and (7) temporary structures, fills, and work,
including the use of temporary mats, necessary for activities 16.
Activity restrictions:
a) Regulated activities cannot cause the loss of greater than 0.5 acre of waters of the US for each single and complete
project, including the area of tributary loss (see definition of single and complete linear project).
b) All tributary channel modifications, including bank stabilization, are limited to the minimum necessary to construct or
protect the linear transportation project and cannot exceed 500 linear feet for each single and complete project,
unless the Corps waives the 500 linear foot limit by making a written determination concluding that the discharge will
result in no more than minimal adverse environmental effects. An applicant may request, in writing, a waiver from the
Corps.
CATEGORY 3: NEW CONSTRUCTION LINEAR TRANSPORTATION, CONTINUED
3
When calculating loss of a tributary for a culvert replacement, the linear foot length of the existing culvert does not count toward the
500 linear foot limit. Riprap and other tributary impacts count towards the tributary modification limit. See Section D. Calculating
Impacts to Waters of the United States for more information.
3
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
An applicant must submit a PCN for the overall linear project proposed:
i. If a single and complete project exceeds 400 square feet of loss of waters of the US;
ii. If a single and complete project exceeds 0.5 acre of temporary impact to waters of the US;
iii. If a waiver from General Condition 15 for the duration of temporary impacts in waters of the US is requested by an
applicant (allowing temporary fill to remain in place longer than 90 days between May 15 and November 15);
iv. If a waiver from the 500 linear foot tributary limit is requested by an applicant; or
v. If triggered by the project's location or potential impacts as described in Section E. PreConstruction Notification.
CATEGORY 4: NONLINEAR TRANSPORTATION PROJECTS
Eligible Activities: Regulated activities required for the construction, expansion, or maintenance of nonlinear features
associated with transportation projects, including the use of temporary discharges necessary to conduct those activities.
Such projects may include: vehicle maintenance or storage buildings, weigh stations, reststops, parking lots, train
stations, aircraft hangars, and associated infrastructure, including stormwater management facilities.
Activity restrictions:
a) Regulated activities cannot cause the loss of greater than 0.5 acre of waters of the US, including the area of tributary
loss (see definition of single and complete nonlinear project).
b) The discharge must not cause the loss of greater than 300 linear feet of a tributary, unless the Corps waives the 300
linear foot limit by making a written determination concluding that the discharge will result in no more than minimal
adverse environmental effects (see definition of single and complete nonlinear project). An applicant may request, in
writing, a waiver from the Corps.
An applicant must submit a PCN:
i. If the single and complete project exceeds 0.1 acre of loss of waters of the US;
ii. If the single and complete project exceeds 0.5 acre of temporary impact to waters of the US;
iii. If a waiver from General Condition 15 for the duration of temporary impacts in waters of the US is requested by an
applicant (allowing temporary fill to remain in place longer than 90 days between May 15 and November 15);
iv. If a waiver from the 300 linear foot tributary limit is requested by an applicant; or
v. If triggered by the project's location or potential impacts as described in Section E. PreConstruction Notification.
CATEGORY 5: TRANSPORTATION SURVEYING
Eligible Activities: Regulated temporary activities required for surveying activities necessary for transportation projects,
such as core sampling, exploratorytype bore holes, exploratory trenching, soil surveys, sediment sampling, sample plots
or transects for wetland delineations, historic resources surveys, and temporary access roads necessary to perform those
activities.
Activity restrictions:
a) Regulated activities for the recovery of historic resources are not authorized.
b) Losses of waters of the US are not authorized.
c) Bore holes must be properly sealed following completion of survey activities.
An applicant must submit a PCN for the overall project proposed:
i. If the single and complete project exceeds 0.5 acre of temporary impact to waters of the US; or
ii. If triggered by the project's location or potential impacts as described in Section E. PreConstruction Notification.
C. TRANSPORTATION REGIONAL GENERAL PERMIT EXCLUSIONS
4
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
The following activities are INELIGIBLE for Transportation RGP authorization:
1. Regulated activities that would divert more than 10,000 gallons per day of surface or ground water into or out of
the Great Lakes Basin.
2. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights),
protected tribal resources, or tribal lands.
3. Regulated activities eligible for authorization under a valid Corps Special Area Management plan (SAMP) general
permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/PermittingProcessProcedures/ for more
information on SAMPs.
4. Regulated activities that would occur in a calcareous fen, unless the Wisconsin Department of Natural Resources
(WI DNR) has authorized the proposed regulated activity, or the Minnesota Department of Natural Resources
(MN DNR) has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
5. Activities that would occur in or affect designated portions of a National Wild and Scenic River System, including
parts of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin, or a river officially
designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study
status, unless the appropriate Federal agency with direct management responsibility for such river, has
determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or
study status.
6. Regulated activities which are likely to directly or indirectly jeopardize the continued existence of a threatened or
endangered species or a species proposed for such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species.
No regulated activity is authorized which "may affect" a listed species or critical habitat, unless ESA Section 7
consultation addressing the effects of the proposed activity has been completed.
7. Regulated activities which may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, unless the requirements of Section 106 of the National Historic Preservation
Act (NHPA) have been satisfied.
8. Regulated activities which may result in disturbance or removal of human remains unless disposition of the
remains has been determined by the appropriate authority under applicable laws, and the work is authorized by
the Corps. See Section H, Condition 10 for more information.
9. Regulated activities which require permission from the Corps pursuant to 33 U.S.C. 408 (Section 408) because
they will alter or temporarily or permanently occupy or use a Corps federally authorized civil works project, unless
the appropriate Corps office issues the Section 408 permission to alter, occupy, or use the Corps federally
authorized civil works project.
10. Regulated activities where applicants are unable to demonstrate that the structures comply with applicable
state dam safety criteria or have been designed by qualified persons.
11. Regulated activities which would adversely affect public water supplies.
D. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES
1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see Definitions,
Section I).
2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single and
complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from losses
of waters of the US and do not contribute to loss thresholds. Permanent adverse effects include filling, flooding,
excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse effects to
waters of the US include regulated activities that change a waterbody to dry land, increase the bottom elevation
of a waterbody, decrease the bottom elevation of a waterbody (e.g. excavation of a sedge meadow wetland to
shallow marsh), or change the use of a waterbody.
5
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
a) Losses of wetland must be reported in either acres or square feet, as appropriate.
b) Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the
plane of the ordinary high water mark. If regulated activities are proposed along opposite banks (e.g. bank
stabilization along both banks of a tributary) or at multiple locations (e.g. construction of bridge abutments
and piers), they are added together to determine the overall amount of linear loss to waters of the US.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B or in PreConstruction Notification
Information, Section E.
3. Temporary impacts to waters of the US include the sum of all regulated impacts to waters of the US for a single
and complete project which are restored to preconstruction conditions after construction. Examples of
temporary impacts to waters of the US may include the placement of timber matting, installation of coffer dams,
trenching and backfilling, and in many cases, mechanized landclearing.
a) Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate.
b) Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet
below the plane of the ordinary high water mark. If regulated activities are proposed along opposite banks or
at multiple locations, temporary impacts must be added together to determine the overall amount of
temporary linear impact.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B or in PreConstruction Notification
Information, Section E.
4. Losses and temporary impacts to waters of the US do not include:
a) Activities that do not require Department of the Army authorization, such as activities eligible for exemptions
under Section 404(f) of the Clean Water Act.
b) Impacts to linear ditches, as defined in Section I provided the ditch is not constructed in a wetland.
5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may
qualify for the RGP, and are not reduced by compensatory mitigation.
E. PRECONSTRUCTION NOTIFICATION (PCN) INFORMATION
Projects that meet the terms and conditions of the Transportation RGP and do not require submittal of a PCN, as outlined
below, may commence work after project proponents have carefully confirmed that the activity will be conducted in
compliance with all applicable terms and conditions of the RGP.
For all activities which require PCN, project proponents must obtain written Corps verification of Transportation RGP
coverage before starting regulated work. For Transportation RGP activities that require PCN, the PCN must include all
other nationwide permits, programmatic general permits, RGPs, or individual permits used or intended to be used to
authorize any part of the overall linear and nonlinear project (including all single and complete projects), including
regulated activities that require Corps authorization but do not require PCN.
If an activity does not specifically require a PCN (as described in each RGP category), follow the table below to know if a PCN
must be submitted and a written verification letter received prior to starting work.
6
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
With the
exception
of all
category 1
activities, a
PCN is
required
for
regulated
activities
proposed
in these
aquatic
resources4:
WISCONSIN:
1. The Apostle Islands National Lakeshore;
2. Madeline Island;
3. Statedesignated wild rice waters
(https://data.glifwc.org/manoomin.harvest.info);
4. Coastal plain marshes;
5. Bog wetland plant communities;
6. Interdunal wetlands;
7. Great Lakes ridge and swale complexes;
8. Fens; and
9. Wetland sites designated by the Ramsar Convention (as of the date of
publication, these include: the Horicon Marsh, Upper Mississippi River
Floodplain wetlands, Kakagon and Bad River Sloughs, Door County
Peninsula Coastal wetlands, and the Chiwaukee Illinois Beach Lake Plain),
see https://rsis.ramsar.org/.
MINNESOTA:
1. Wild rice waters
identified in
Minn. R.
7050.0470,
subpart 1 (or as
amended by the
Minnesota
Pollution Control
Agency);
2. Bog wetland
plant
communities; and
3. Fens.
1.
PCN is
required
for the
following
activities to
2.
comply with
other federal
laws:
3.
4.
Regulated activities which might affect Federallylisted threatened, endangered, or proposed
threatened and endangered species, designated critical habitat, or proposed critical habitat
unless ESA Section 7 consultation addressing the effects of the proposed activity has been
completed by a federal applicant or lead federal agency.
Regulated activities which might have the potential to cause effects to any historic 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 the requirements of
Section 106 of the NHPA have been satisfied by a federal applicant or lead federal agency.
Regulated activities which might result in disturbance or removal of human remains.
Regulated activities which require Section 408 permission from the Corps because it will alter or
temporarily or permanently occupy or use a Corps federally authorized civil works project.
5. Regulated activities in the National Wild and Scenic River System, including the designated
portions of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin, or in a
river officially designated by Congress as a "study river" for possible inclusion in the system while
the river is in an official study status.
1. Areas of suspected sediment or soil contamination, including but not limited to Superfund sites.
Other
Superfund sites in Minnesota or Wisconsin can be located by searching the EPA's website:
activities
https://www.epa.gov/superfund/searchsuperfundsiteswhereyoulive.
which
2. Bridges, structures, and sunken vessels more than 50 years old, unless already determined
require PCN
include:
ineligible for listing on National Register of Historic Places. Culverts that are constructed using
precast concrete or corrugated metal are not subject to this PCN requirement.
3. All regulated activities which require a waiver to be eligible for authorization by the RGP, including
and limited to: a waiver to exceed the listed 500 linear foot tributary limit (Categories 2 and 3); a
waiver to exceed the listed 300 linear foot tributary limit (Category 4); or a waiver from general
condition 15. Duration of Temporary Impacts (allowing temporary fill to remain in place longer
than 90 days between May 15 and November 15, see Section H).
Timing of PCN: Where required by the terms of this RGP, the prospective permittee must notify the Corps by submitting
a PCN as early as possible. The Corps will determine if the PCN is complete within 30 calendar days of the date of receipt
4
Additional information for identifying listed plant communities can be found at:
www.mvp.usace.army.mil/Missions/Regulatory.aspx, the Wisconsin Department of Natural Resources' (WI DNR) website:
www.dnr.wi.gov/topic/EndangeredResources/Communities.asp?mode=group&Type=Wetland, or at the Minnesota Department of
Natural Resources' Native Plant Community Classification's website: www.dnr.state.mn.us/npc/classification.html.
7
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request
the additional information necessary to make the PCN complete. As a general rule, the Corps will request additional
information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all
of the requested information, then the Corps will notify the prospective permittee that the PCN is still incomplete and
the PCN review process will not commence until all of the requested information has been received by the Corps.
The prospective permittee shall not begin the activity until they are notified in writing by the Corps that the activity may
proceed under the RGP with any special conditions imposed by the Corps.
Form and Content of PCN: The PCN must be in writing and should utilize the Minnesota Joint Waters Wetlands
Application, WI DNR application or the Corps standard individual permit application Form ENG 4345. A letter
containing the required information may also be used. A complete PCN must include:
a. Contact information including the name, mailing address, email address, and telephone numbers of the prospective
permittee and any third party agents.
b. Location of the proposed activity (i.e. sectiontownshiprange and latitude and longitude in decimal degrees).
c. A description of the proposed activity and its purpose; a description of any avoidance and minimization mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and any and all
other general or individual permits used or intended to be used to authorize any part of the overall proposed project
including activities that require Corps authorization but do not require PCN.
d. A tabulation of all impacts to waters of the US, including the anticipated amount of loss of waters and temporary
impacts expected to result from the proposed activity. Impacts to all waters of the US must be reported in acres
or square feet. In addition, tributary, pond, and lake impacts must also be reported in linear feet. A table may be
used to clearly and succinctly disclose this information (see Calculating Impacts to Waters of the United States,
Section D).
e. Sketches, maps, drawings and plans must be provided to show that the activity complies with the terms of the RGP.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity. Large and small
scale maps must be provided to show the project site location. Drawings and plans should be to scale, with scale
included, and depict all identified aquatic resources and aquatic resource impact areas, including planview drawings
on a recent aerial photograph, and crosssection and profile drawings where appropriate.
f. Identification of all aquatic resources on the project site and the acreage of each aquatic resource present. Aquatic
resources must be identified by type (e.g. wetland, tributary, lake, manmade ditch, pond, etc.) and impacts must be
identified by type (e.g. fill, excavation, etc.) and permanence (permanent or temporary). A wetland delineation may
be required.
g. A statement describing how compensatory mitigation requirements will be satisfied, or an explanation why
compensatory mitigation should not be required. See Mitigation, Section F for more information.
h. If the proposed project would impact a calcareous fen, the PCN must include a copy of the WI DNR authorization for
the proposed regulated activity, or a copy of the approved MN DNR calcareous fen management plan specific to the
project.
i. If any federallylisted proposed, threatened or endangered species or proposed or designated critical habitat might
be affected by the regulated activity, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by
the proposed activity. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with ESA Section 7.
j. If the activity might have the potential to cause effects to an historic property listed on, eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property
might have the potential to be affected by the proposed activity and include a vicinity map indicating the location of
8
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
the historic property. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with Section 106 of the NHPA.
k. If an activity is proposed in a component of the National Wild and Scenic River System (including the St. Croix River in
Minnesota and Wisconsin and the Wolf River in Wisconsin) or in a river officially designated by Congress as a "study
river" for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild
and Scenic River or the "study river."
l. The PCN must specify how long temporary impacts and structures will remain in place and include a restoration plan
showing how all temporary fills and structures will be removed and the area restored to preproject conditions.
m. If a waiver for a specific category or condition of the permit is proposed (e.g. from a linear tributary impact limit or
duration of temporary impact), the PCN must include an explanation of the need for a waiver and why the applicant
believes the impacts would result in minimal individual and cumulative adverse environmental effects.
n. For an activity that requires permission from the Corps pursuant to Section 408 because it will alter or temporarily or
permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the PCN must
include a statement confirming if the project proponent has submitted a written request for Section 408 permission
from the Corps office having jurisdiction over the Corps civil works project.
F. MITIGATION
In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and
current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed
to avoid and minimize (mitigate) adverse effects, both temporary and permanent, to waters of the US to the maximum
extent practicable at the project site (i.e., on site). Mitigation includes actions which may avoid, minimize, rectify, reduce,
or compensate for adverse environmental effects or activities which may otherwise be contrary to the public interest.
Regulated activities which the Corps believes do not mitigate adverse environmental effects or are contrary to the public
interest are ineligible for authorization by the Transportation RGP, and will be evaluated by the Corps using individual
permit procedures.
After all practicable steps to avoid and minimize adverse effects to waters of the US have been considered, the Corps may
require compensatory mitigation to ensure that the regulated activity results in no more than minimal adverse
environmental effects, or will not be contrary to the public interest. In reviewing the complete PCN for the proposed
activity, the Corps will determine whether the activity authorized by the RGP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. The Corps will issue the RGP
verification for that activity if it meets the terms and conditions of the RGP, unless the Corps determines, after
considering compensatory mitigation, that the proposed activity will result in more than minimal individual and
cumulative adverse effects on the aquatic environment and other aspects of the public interest. When this occurs, the
Corps will exercise discretionary authority to require an individual permit evaluation for the proposed regulated activity.
Regulated activities eligible for this RGP which require submittal of a PCN must include a statement describing how
compensatory mitigation requirements will be satisfied, or an explanation why compensatory mitigation should not be
required for proposed impacts to waters of the US. Project proponents may propose the use of mitigation banks, inlieu
fee programs, or permitteeresponsible mitigation. When developing a compensatory mitigation proposal, the project
proponent must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b).
Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable
provisions of the current Corps policies, guidelines, and 33 CFR 332 (the Mitigation Rule).
Information regarding current Corps policies and guidelines about compensatory mitigation in Minnesota and Wisconsin
may be viewed online at www.mvp.usace.army.mil/Missions/Regulatory/Mitigation. Information regarding existing banks
9
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
and inlieu fee programs is available online at www.ribits.usace.army.mil. Nationally applicable information, including the
Mitigation Rule, may be read online at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramand
Permits/mitig_info/.
G.USE OF MULTIPLE RGP CATEGORIES (STACKING)
Single and complete nonlinear projects may not be ``piecemealed'' to avoid the limits in a general permit (nationwide,
programmatic, or regional general permit) authorization. When general permit limits are exceeded, single and complete
projects may be eligible for review and authorization by an individual permit.
Unless otherwise indicated by a specific general permit or general permit category, the use of more than one general
permit (nationwide, programmatic, or regional general permit) for a single and complete project is prohibited, except when
the acreage or linear foot loss of waters of the US authorized by the general permits do not exceed the loss limit of the
general permit with the highest specified acreage limit.
Category 4, Nonlinear Transportation projects, can be used multiple times with other categories in this general permit
but the sum of loss of waters of the US for each single and complete nonlinear project may not exceed the loss impact
limit for waters of the US of category 4 for the overall linear project. For example, two category 4 activities (a 0.25 acre
stormwater pond and a 0.25 acre train station in waters of the US) may be authorized for a new lightrail authorized
under category 3 if the sum of loss of waters of the US for the stormwater pond and train station does not exceed 0.5
acre.
H. GENERAL CONDITIONS
To qualify for regional general permit (RGP) authorization, the prospective permittee must comply with the following
conditions, as applicable, in addition to any categoryspecific requirements and projectspecific conditions imposed by the
Corps.
1. Compliance: The permittee is responsible for ensuring that whomever performs, supervises or oversees any
portion of the physical work associated with the construction of the project has a copy of and is familiar with all
the terms and conditions of the RGP and any special (permitspecific) conditions included in any written
verification letter from the Corps. The activity must also comply with any special conditions added by a state, tribe,
or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and
conditions of the RGP. Any authorized structure or fill must be properly maintained, including maintenance to
ensure public safety and compliance with applicable RGP general conditions, as well as any activityspecific
conditions added by the Corps to an RGP authorization.
2. Compliance Certification: Each permittee who receives an RGP verification letter from the Corps must provide a signed
certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The Corps will provide the permittee the certification document with the RGP verification letter. The
completed certification document must be submitted to the Corps within 30 days of completion of the authorized
activity or the implementation of any required compensatory mitigation, whichever occurs later.
3. Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the
authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP
authorization.
4. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting
appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce
10
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
5.
6.
7.
8.
9.
10.
impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
Endangered Species:
a. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence
of a federally threatened or endangered species or a species proposed for such designation, as identified under
the Endangered Species Act (ESA), 50 CFR 402, or which will directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized under the RGP which "may affect" a listed species or
critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been
completed. Direct effects are the immediate effects on listed species and critical habitat caused by the RGP
activity. Indirect effects are those effects on listed species and critical habitat that are caused by the RGP activity
and are later in time, but still are reasonably certain to occur.
b. As a result of formal or informal consultation with the FWS the Corps may add speciesspecific permit conditions
to the RGP verification.
c. Information on the location of federally threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS on their web page at www.fws.gov/ipac.
Calcareous Fens: The permittee may not complete regulated activities in a calcareous fen, unless the Wisconsin
Department of Natural Resources has authorized the proposed regulated activity, or the Minnesota Department of
Natural Resources has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
Wild and Scenic Rivers: The permittee may not complete regulated activities which may affect or are located in a
designated portions of the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic River designation or study status.
Historic Properties, Cultural Resources:
a. No activity which may affect historic properties listed or potentially eligible for listing on the National Register of
Historic Places is authorized until the requirements of Section 106 of the National Historic Preservation Act
(Section 106) have been satisfied. If PCN is required for the proposed activity, the federal project proponent
should follow their own procedures for complying with the requirements of Section 106 and provide
documentation of compliance with those requirements.
b. Information on the location and existence of historic and cultural resources can be obtained from the State
Historic Preservation Office, Tribal Historic Preservation Offices, and the National Register of Historic Places.
c. Rock or fill material used for activities authorized by this permit must either be obtained from existing quarries or,
if a new borrow site is excavated to obtain fill material, the Corps must be notified prior to the use of the new site
to determine whether a cultural resources survey of the site is necessary.
Discovery of Previously Unknown Remains and Artifacts: If any previously unknown historic, cultural or archeological
remains and artifacts are discovered while accomplishing the activity authorized by this permit, the Corps must
immediately be notified of the findings. To the maximum extent practicable, construction activities must avoided that
may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the
federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota
Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native
American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or
removal of human remains until disposition of the remains has been determined by the appropriate authority under
these laws, and the work is authorized by the Corps. Regulated activities which result in an inadvertent discovery of
human remains must stop immediately, and the Corps, as well as the appropriate state and tribal authority, must be
11
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
11.
12.
13.
14.
15.
16.
17.
notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as
appropriate, prior to restarting work.
Federally Authorized Corps Civil Works projects: A permittee is not authorized to begin any regulated activities
described in this RGP if activities will alter or temporarily or permanently occupy or use a Corps federally authorized
civil works project, unless the appropriate Corps office issues a Section 408 permission to alter, occupy, or use the
Corps civil works project (pursuant to 33 U.S.C. 408) and the Corps issues written RGP verification. Examples of
federal projects include but are not limited to works that were built by the Corps and are locally maintained (such as
local flood control projects) or operated and maintained by the Corps (such as locks and dams).
Dam Safety: Permittees are not authorized to begin regulated activities unless they are able to demonstrate that the
structures, when appropriate, comply with applicable state dam safety criteria or have been designed by qualified
persons. The Corps may require documentation that the design has been independently reviewed by similarly
qualified persons, and appropriate modifications are made to ensure safety.
Suitable Material: No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act).
Restoration of Temporary Impacts: All temporary impacts in waters of the US, including discharges resulting from side
casting material excavated from trenching, that occur as a result of the regulated activity must be fully contained with
appropriate erosion control or containment methods, be restored to preconstruction contours and elevations, and as
appropriate, revegetated with native, noninvasive vegetation. In temporarily excavated wetlands, the top 6 to 12
inches of the excavation should normally be backfilled with topsoil originating from the wetland. No temporary
excavation area, including, but not limited to trenches, may be constructed or backfilled in such a manner as to drain
waters of the United States (e.g., backfilling with extensive gravel layers, creating a French drain effect).
Duration of Temporary Impacts: Temporary impacts in waters of the U.S., including wetlands, must be avoided and
limited to the smallest area and the shortest duration required to accomplish the project purpose.
a. Unless otherwise conditioned in a Corps RGP verification, temporary impacts may not remain in place longer than
90 days between May 15 and November 15. Before those 90 days have elapsed all temporary discharges must be
removed in their entirety.
b. If the temporary impacts would remain in place for longer than 90 days between May 15 and November 15, the
PCN must request a waiver from this condition and specify how long temporary impacts will remain and include a
restoration plan showing how all temporary fills and structures will be removed and the area restored to pre
project conditions. The permittee must remove the temporary impacts in their entirety in accordance with the
activity authorized their permit verification.
Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may occur
as the result of the authorized work, appropriate BMPs must be implemented and maintained. For authorized work
above an OHWM the BMPs must remain in place until the affected area is stabilized with vegetation or ground cover.
For all authorized work below an OHWM, BMPs are required and must prevent or minimize adverse effects (e.g., total
suspended solids or sedimentation) to the water column outside of the authorized work area. Heavy equipment
working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil
disturbance. All BMPs must be inspected and properly maintained following storm events to ensure they are
operational. All exposed slopes and stream banks must be stabilized within 24 hours after completion of all tributary
crossings.
Culverts and Crossings: Unless an RGP verification authorizes otherwise, replacement and installation of culverts or
crossings authorized by a RGP are to follow (or be restored to) the natural alignment and profile of the tributary. The
culverts or bridges must adequately pass low flow and bankfull events, bedload, sediment load, and provide site
appropriate fish and wildlife passage. Example design elements include recessing single culverts to accommodate
natural bankfull width and adjusting additional culvert inverts at an elevation higher than the bankfull elevation.
12
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
18. Aquatic Life Movements: No regulated activity may 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, unless the activity's primary purpose is to impound water.
19. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering
by substantial sedimentation) of a designated or known spawning area are not authorized.
20. Riprap: For RGP categories that allow for the use of riprap material for bank stabilization, only rock must be used
and it must be of a size sufficient to prevent its movement from the authorized alignment by natural forces under
normal or high flows.
21. Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and
for minimizing any contamination resulting from a spill in accordance with state and federal laws. In accordance with
applicable state, tribal and federal laws and regulations, if a spill of any potential pollutant or hazardous waste occurs,
it is the responsibility of the permittee to immediately notify the National Response Center at 18004248802 or
www.nrc.uscg.mil AND
IN WISCONSIN: the WI DNR Spills Team at 18009430003, or
IN MINNESOTA: the Minnesota State Duty Officer at 18004220798.
22. Clean Construction Equipment: All construction equipment must be clean prior to entering and before leaving the
work site in order to prevent the spread of invasive species.
23. Navigation: No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the
permittee's expense on authorized facilities in navigable waters of the US. 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, 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.
24. Fills Within 100Year Floodplains: The regulated activity must comply with applicable FEMAapproved state or local
floodplain management requirements.
25. Access Roads: Access roads must be sized appropriately and must be constructed in such a way to minimize
adverse effects on waters of the US and elevations must be as near as practicable to preconstruction contours
and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). All access roads constructed in waters of
the US must be properly bridged or culverted to maintain surface flows.
26. Tributary Modifications. When stream channelization is performed with the construction of a road crossing, both
activities should be considered as a single and complete project, which may be authorized by another form of
authorization. The Corps does not consider installation of a culvert in a stream bed as stream channelization as long
as those activities are conducted in accordance with the terms of the categories described in this permit. Unless the
general permit verification authorizes otherwise, replacement and installation of culverts or crossings authorized are
to follow (or be restored to) the natural alignment and profile of the tributary, see General Condition 17. Culverts and
Crossings.
27. Section 401 Clean Water Act, Water Quality Certification: forthcoming.
28. Transfer of Regional General Permit Verifications: If the permittee sells the property associated with a regional
general permit verification, the permittee may transfer the regional general permit verification to the new owner by
submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the regional general
permit 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 regional general permit are still in existence at the time
the property is transferred, the terms and conditions of this regional general permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this regional
13
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
general permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
_________________________________(Transferee)
___________________________________(Date)
I. DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non
structural.
Compensatory mitigation: The restoration (reestablishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is
defined at 33 CFR 323.2(f).
Exploratory trenching: temporary excavation of the upper soil profile to expose bedrock or substrate for the purpose of
mapping or sampling the exposed material.
Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register
criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete nonlinear project in the Corps Regulatory
Program. A project is considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Linear ditch: A defined channel constructed adjacent to a linear transportation facility (e.g., roads, highways, railways,
trails, airport runways, and taxiways, etc.) to convey runoff from the linear facilities and from areas which drain toward
the linear facilities. The term linear ditch does not include natural tributaries, relocated natural tributaries, or modified
natural tributaries.
Navigable waters: Waters subject to Section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR
part 329.
Ordinary high water mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding
areas.
Overall project: The aggregate of all single and complete projects related to the same purpose, including both linear and
nonlinear activities with regulated losses and temporary impacts to waters of the US.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Preconstruction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a
particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. PCN may be required by the
14
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
terms and conditions of this regional general permit. A PCN may be voluntarily submitted in cases where PCN is not
required and the project proponent wants verification that the activity is authorized by general permit.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural
importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes,
judicial decisions, or executive orders, including tribal trust resources.
Single and complete linear project (categories 13 and temporary access roads fills): A linear project is a project
constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often
involves multiple crossings of one or more waterbodies at separate and distant locations. The term "single and complete
project" is defined as that portion of the overall linear project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers that includes all crossings of a single water of the US (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate
and distant locations, each crossing is considered a single and complete project for purposes of this general permit
authorization. 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. The
definition of "single and complete linear project" does not include the term "independent utility" because each crossing
of waters of the US is needed for the single and complete linear project to fulfill its purpose of transporting people, goods,
and services from the point of origin to the terminal point.
Single and complete nonlinear project (categories 4 and 5): For nonlinear projects, the term "single and complete
project" is defined at 33 CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete nonlinear project must have independent
utility. Single and complete nonlinear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A
project is considered to have independent utility if it would be constructed absent the construction of other projects in
the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Stormwater management facilities: Stormwater management facilities are those facilities including, but not limited to,
stormwater retention and detention ponds and best management practices, which retain water for a period of time to
control runoff or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tribal lands: Any lands which are either: 1) held in trust by the United States for the benefit of any Indian tribe or
individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remedies.
Tributary: For the purposes of this permit, a water that contributes flow, either directly or through another water to a
traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the
physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, manaltered, or man
made water and includes waters such as rivers, streams, canals, and ditches.
Waiver: An approval from the Corps which allows an applicant to exceed the activity restrictions or conditions described
in an RGP. Waivers may only be considered when expressly indicated as available in a RGP and will only be granted once
the Corps has made a written determination that the RGP activity will result in only minimal individual and cumulative
adverse environmental effects. When a waiver is required, an applicant cannot start work until they have received a RGP
verification letter with waiver approval.
15
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
J. FURTHER INFORMATION
1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to
Section 404 of the Clean Water Act (33 U.S.C 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403).
2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by a
RGP based on concern for the aquatic environment or for any other factor of the public interest.
3. Limits of this authorization:
a) This RGP does not obviate the need to obtain other federal, state, or local authorizations required by law;
b) This RGP does not grant any property rights or exclusive privileges;
c) This RGP does not authorize any injury to the property or rights of others; and
d) This RGP does not authorize interference with any existing or proposed federal project.
4. Limits of 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 United States 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; or
e) Damage claims associated with any future modification, suspension, or revocation of this permit.
5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will
be made in reliance on the information provided by the project proponent.
6. Reevaluation of decision: This office may reevaluate its decision for an individual verification under this general
permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a) The permittee fails to comply with the terms and conditions of this permit;
b) The information provided by the permittee in support of the preconstruction notification proves to have been
false, incomplete, or inaccurate (See 5 above); or
c) Significant new information surfaces which this office did not consider in reaching the original decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring the permittee to comply with the terms and conditions of their permit and for the initiation of legal
action where appropriate. The permittee will be required to pay for any corrective measures ordered by this
office, and if the permittee fails to comply with such directive, this office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill the permittee
for the cost.
7. This office may also reevaluate its decision to issue this RGP at any time the circumstances warrant. Circumstances
that could require a reevaluation include, but are not limited to, significant new information surfaces which this office
did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination
that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.
16
St. Paul District Corps of Engineers, Regulatory Branch
Transportation Regional General Permit
K. CORPS DECISION
In reviewing the PCN for the proposed activity, the Corps will determine whether the activity authorized by the RGP will
result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific RGP, the Corps should issue the RGP verification for
that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after considering mitigation,
that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to require an individual permit
for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of
waters of the US to determine whether they individually satisfy the terms and conditions of the RGPs, as well as the
cumulative effects caused by all of the crossings authorized by RGP. If an applicant requests a waiver for any limit where
waivers are indicated as available, the Corps will only grant the waiver upon a written determination that the RGP activity
will result in only minimal individual and cumulative adverse environmental effects.
When making minimal adverse environmental effects determinations the Corps will consider the direct and indirect
effects caused by the RGP activity. The Corps will also consider the cumulative adverse environmental effects caused by
activities authorized by the RGP and whether those cumulative adverse environmental effects are no more than minimal.
The Corps will consider site specific factors, such as the environmental setting in the vicinity of the RGP activity, the type
of resource that will be affected by the RGP activity, the functions provided by the aquatic resources that will be affected
by the RGP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that
aquatic resource functions will be lost as a result of the RGP activity (e.g., partial or complete loss), the duration of the
adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g.,
watershed or ecoregion), and mitigation required by the Corps. The Corps may add casespecific special conditions to the
RGP authorization to address sitespecific environmental concerns.
The Corps will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in
the proposal to inform decisions regarding whether the net adverse environmental effects of the proposed activity are no
more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the Corps determines
that the activity complies with the terms and conditions of the RGP and that the adverse environmental effects are no
more than minimal, after considering mitigation, the Corps will notify the permittee and include any activity specific
conditions in the RGP verification the Corps deems necessary. Conditions for compensatory mitigation requirements must
comply with the appropriate provisions at 33 CFR 332.3(k). When compensatory mitigation is required, the Corps must
approve the final mitigation plan before the permittee commences work in waters of the US, unless the Corps determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation. If the Corps determines that the adverse environmental effects of the proposed
activity are more than minimal, then the Corps will notify the applicant of next steps as described in 33 CFR 325.2.
17
DEPARTMENT OF THE ARMY
UTILITY REGIONAL GENERAL PERMIT
PERMIT: Utility Regional General Permit
ISSUING OFFICE: St. Paul District U.S. Army Corps of Engineers
EFFECTIVE DATE: February 17, 2018
EXPIRATION DATE: February 16, 2023
A. AUTHORIZATION
Regulated activities conducted in accordance with all applicable terms and conditions of the Utility Regional General
Permit (RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Federallyrecognized American
Indian Reservations in Wisconsin and Minnesota. Certain activities require an applicant to submit preconstruction
notification (PCN) and receive written St. Paul District Corps of Engineers Regulatory Branch (Corps) verification prior to
commencing work. Refer to the appropriate sections of this permit for a description of RGP procedures, eligible activities,
conditions, exclusions and application instructions.
Unless otherwise specified in the Corps letter verifying a project complies with the terms and conditions of this RGP, the
time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized
under this RGP that have commenced construction or are under contract to commence construction in reliance upon this
RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration,
suspension, or revocation; whichever is sooner.
Some RGP authorizations are not valid until a project proponent obtains a Clean Water Act Section 401 water quality
certification (401 certification) or waiver from the appropriate water quality certifying agency; see general condition 30 in
Section H below. Section 404, Clean Water Act regulated activities excluded from 401 certification in general condition 30
require a projectspecific 401 certification or waiver from the appropriate agency. In addition, some RGP authorizations
may be subject to projectspecific special conditions that will be specified in the Corps verification letter. This RGP does not
obviate the need for other necessary federal, state, tribal, or local authorizations or permits.
B. UTILITY REGIONAL GENERAL PERMIT APPLICABILITY
The Utility RGP applies to certain activities in waters of the United States (US), including wetlands, as described below, in
the States of Wisconsin and Minnesota, including within the exterior boundaries of Indian Reservations.
1. Authorities: Section 404 of the Clean Water Act (33 U.S.C. 1344, Section 404) for discharges of dredged and fill material
into waters of the US, and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403, Section 10) for work and
structures that are located in, under, or over any navigable water of the US. Activities subject to Section 4041 and Section
10 authorization requirements are hereafter referred to as regulated activities.
2. Eligible Activities: Regulated activities associated with the five items listed below are eligible for authorization using the
Utility RGP. The Utility RGP may be used to authorize losses and temporary impacts in waters of the US necessary to
accomplish the activities listed below.
a. Utility Lines: Regulated activities for single and complete linear projects to construct, maintain, or repair utility
lines, including foundations for overhead utility line towers, poles, and anchors. This includes utility lines strung
above, and routed in and under, Section 10 waters.
1
Federal regulations at 33 CFR 323.4 include information about discharges which do not require Section 404 permits. These
activities are not subject to the requirements of this RGP.
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
b. Utility Survey Activities: Temporary regulated activities for survey projects. Survey activities include core
sampling, exploratorytype bore holes, exploratory trenching, soil surveys, sampling, sample plots or transects for
wetland delineations, and historic resources surveys.
c. Substation Facilities: Regulated activities for single and complete nonlinear projects required to construct,
maintain, or expand substation facilities.
d. Access Roads: Regulated activities for single and complete linear projects to construct permanent and temporary
access roads necessary for the construction, repair, and maintenance of utility lines and substations, and to
provide access to utility survey locations.
e. Remediation of Inadvertent Returns of Drilling Fluid: Regulated activities necessary for the remediation of
inadvertent returns of drilling fluids through subsoil fissures or fractures that might occur during directional
drilling or boring activities conducted for the purpose of installing or replacing utility lines. These remediation
activities must be done as soon as practicable to restore the affected waterbody. The Corps may add special
conditions to RGP verifications to require a remediation plan for addressing inadvertent returns of drilling fluids to
waters of the US during drilling and boring activities conducted for installing or replacing utility lines.
3. Activity restrictions:
a. Regulated activities for each single and complete project cannot cause the loss of greater than 0.5 acre of waters
of the US. Where a single and complete project would result in losses to more than one aquatic resource type
(e.g. wetland and tributary), this restriction is calculated as the sum for all losses to aquatic resources.
b. Regulated activities may not cause the loss of more than 300 linear feet of tributary for any single and complete
project, unless the Corps waives the 300 linear foot limit by making a written determination concluding that the
discharge will result in no more than minimal adverse environmental effects. An applicant may request, in writing,
a waiver from the Corps. For purposes of this restriction, do not include linear ditches as defined in Section I
below. Tributary losses contribute to activity restriction a. above.
c. Regulated activities for the recovery of historic resources are not eligible for authorization as a survey activity.
d. Regulated survey activities may not result in a loss of waters of the US.
e. Bore holes must be properly sealed following completion of regulated survey activities.
4. PreConstruction Notification (PCN): Some activities eligible for Utility RGP authorization require a PCN to the Corps.
Please refer to Section E below for additional information regarding PCN requirements.
NOTE: Pipes and pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the
US are considered bridges, and may require a permit from the U.S. Coast Guard pursuant to Section 9 of the Rivers and
Harbors Act of 1899. Discharges of dredged and fill material into waters of the US associated with such pipes and
pipelines require Section 404 authorization.
C. UTILITY REGIONAL GENERAL PERMIT EXCLUSIONS
The following activities are INELIGIBLE for Utility RGP authorization:
1. Regulated activities that would divert more than 10,000 gallons per day of surface or ground water into or out of
the Great Lakes Basin.
2. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights),
protected tribal resources, or tribal lands.
3. Regulated activities eligible for authorization under a valid Corps Special Area Management plan (SAMP) general
permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/PermittingProcessProcedures for more
information on SAMPs.
2
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
4. Regulated activities that would occur in a calcareous fen, unless the Wisconsin Department of Natural Resources
(WI DNR) has authorized the proposed regulated activity, or the Minnesota Department of Natural Resources
(MN DNR) has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
5. Regulated activities that would occur in or affect designated portions of the National Wild and Scenic River
System (this includes parts of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin), or
in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is
in an official study status. This exclusion applies unless the appropriate Federal agency with direct management
responsibility for such river has determined in writing that the proposed regulated activity will not adversely
affect the Wild and Scenic River designation or study status.
6. Regulated activities which are likely to directly or indirectly jeopardize the continued existence of a federally
threatened or endangered species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No regulated activity is authorized which "may affect" a listed species or critical habitat, unless ESA
Section 7 consultation addressing the effects of the proposed activity has been completed.
7. Regulated activities which may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, unless the requirements of Section 106 of the National Historic Preservation
Act (NHPA) have been satisfied.
8. Regulated activities which may result in disturbance or removal of human remains unless disposition of the
remains has been determined by the appropriate authority under applicable law, and the work is authorized by
the Corps. See Section H, Condition 10 for more information.
9. Regulated activities which require permission from the Corps pursuant to 33 U.S.C. 408 (Section 408) because
they will alter or temporarily or permanently occupy or use a Corps federally authorized civil works project, unless
the appropriate Corps office issues the Section 408 permission to alter, occupy, or use the Corps federally
authorized civil works project.
10. Regulated activities where applicants are unable to demonstrate that the structures, when appropriate, comply
with applicable state dam safety criteria or have been designed by qualified persons.
11. Regulated activities which would adversely affect public water supplies.
12. Regulated activities, except access roads and temporary crossings required for utility line construction, repair, or
maintenance, which would enclose any portion of a nonwetland water of the US.
D. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES
1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see Definitions,
Section I).
2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single
and complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from
losses of waters of the US, and do not contribute to loss thresholds. Permanent adverse effects include filling,
flooding, excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse
effects to waters of the US include regulated activities that change a waterbody to dry land, increase the bottom
elevation of a waterbody, or decrease the bottom elevation of a waterbody (e.g. excavation of a sedge meadow
wetland to shallow marsh), or change the use of a waterbody.
a) Losses of wetland must be reported in either acres or square feet, as appropriate.
b) Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the
plane of the ordinary high water mark. If regulated activities are proposed along opposite banks (e.g. bank
stabilization along both banks of a tributary) or at multiple locations (e.g. construction of bridge abutments
and piers), they are added together to determine the total amount of linear loss to waters of the US.
3
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B, or in PreConstruction Notification
Information, Section E.
3. Temporary impacts to waters of the US include the sum of all regulated impacts to waters of the US for a single
and complete project which are restored to preconstruction conditions after construction. Examples of
temporary impacts in waters of the US include the placement of timber matting, installation of coffer dams,
trenching and backfilling, and in many cases, mechanized landclearing2.
a) Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate.
b) Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet
below the plane of the ordinary high water mark. If regulated activities are proposed along opposite banks or
at multiple locations, temporary impacts must be added together to determine the total amount of
temporary linear impact.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability, Section B, or in PreConstruction Notification
Information, Section E.
4. Losses and temporary impacts to waters of the US do not include:
a) Activities that do not require Department of the Army authorization, such as activities eligible for exemptions
under Section 404(f) of the Clean Water Act.
b) Impacts to linear ditches as defined in Section I.
5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may
qualify for the RGP, and are not reduced by compensatory mitigation.
E. PRECONSTRUCTION NOTIFICATION (PCN) INFORMATION
Projects that meet the terms and conditions of the Utility RGP and do not require submittal of a PCN, as outlined below,
may commence work after project proponents have carefully confirmed that the activity will be conducted in compliance
with all applicable terms and conditions of the Utility RGP.
Before starting regulated work, project proponents must obtain written Corps verification of Utility RGP coverage for
all activities which require PCN. For Utility RGP activities that require PCN, the PCN must include all other nationwide
permits, programmatic general permits, RGPs, or individual permits used or intended to be used to authorize any part of
the overall project (including all single and complete projects), including other regulated activities that require
authorization but do not require PCN.
2
Refer to the definition of Discharge in Section I of this RGP.
4
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
1. When PCN is required: A PCN is required for the locations, impact thresholds, and activities listed below.
PCN is
required for
regulated
activities
proposed in
these
Aquatic
Resources3:
PCN is
required for
the
following
activities to
comply with
other
federal
laws:
PCN is
required for
the
following
Utility RGP
regulated
activities:
Other
activities
which
require PCN
include:
MINNESOTA:
WISCONSIN:
1. Section 10 waters;
1. Section 10 waters;
2. The Apostle Islands National Lakeshore;
2. Wild rice waters
3. Madeline Island;
identified in Minn.
4. Statedesignated wild rice waters (https://data.glifwc.org/manoomin.harvest.info);
R. 7050.0470,
5. Coastal plain marshes;
subpart 1 (or as
6. Bog wetland plant communities;
amended by the
7. Interdunal wetlands;
Minnesota
8. Great Lakes ridge and swale complexes;
Pollution Control
9. Fens; and
Agency);
10. Wetland sites designated by the Ramsar Convention (as of the date of publication,
3. Bog wetland plant
these include: the Horicon Marsh, Upper Mississippi River Floodplain wetlands,
communities; and
Kakagon and Bad River Sloughs, Door County Peninsula Coastal wetlands, and the
4. Fens.
Chiwaukee Illinois Beach Lake Plain), see https://rsis.ramsar.org/.
1. Regulated activities which might affect any Federallylisted threatened, endangered, or proposed threatened
and endangered species, designated critical habitat, or proposed critical habitat.
2. Regulated activities which might have the potential to cause effects to any historic 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.
3. Regulated activities which might result in disturbance or removal of human remains.
4. Regulated activities which require permission from the Corps pursuant to Section 408 because it will alter or
temporarily or permanently occupy or use a Corps federally authorized civil works project.
5. Regulated activities proposed in or which might affect portions of rivers designated as part of the National
Wild and Scenic River System, including parts of the St. Croix River in Minnesota and Wisconsin and the Wolf
River in Wisconsin, or a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status.
1. All single and complete regulated activities, excluding overhead lines and construction matting, which
exceed 500 linear feet in nontributary waters of the US.
2. All single and complete projects where the regulated activity would result in the loss of greater than 0.1
acre of waters of the US.
3. All single and complete projects where the temporary impacts are proposed to impact 0.5 acre or greater
of waters of the US, including wetlands.
4. Overall projects (defined in Section I) which would result in the loss of 0.5 acre or greater of waters of the US.
5. Regulated activities associated with mechanized landclearing4 which results in the conversion of wooded,
including both shrub and forested, wetlands to herbaceous communities.
6. Utility lines installed via trenching within a water of the United States, where the utility line runs parallel to or
along a tributary contiguous with the water of the US trenched. Linear ditches (see Definitions, Section I) are
not subject to this PCN requirement.
1. Regulated activities in areas of suspected sediment or soil contamination, including but not limited to
Superfund sites. Superfund sites in Minnesota or Wisconsin can be located by searching the EPA's website:
https://www.epa.gov/superfund/searchsuperfundsiteswhereyoulive.
2. Regulated activities impacting bridges, structures, and sunken vessels more than 50 years old, unless already
determined ineligible for listing on National Register of Historic Places. Culverts that are constructed using
precast concrete or corrugated metal are not subject to this PCN requirement.
3. Regulated temporary impacts remaining in place for longer than 90 days between May 15 and November 15.
4. All regulated activities which require a waiver to be eligible for authorization by the Utility RGP. The Utility RGP
allows waivers only for the following two regulated activities: a waiver to exceed the listed 300 linear foot
tributary loss; and a waiver for duration of temporary impacts (see Section H. General Conditions).
3
Information about the plant communities listed can be found at www.mvp.usace.army.mil/Missions/Regulatory.aspx,
www.dnr.wi.gov/topic/EndangeredResources/Communities.asp?mode=group&Type=Wetland or www.dnr.state.mn.us/npc/classification.html.
4
See 33 CFR 323.2 for additional information about regulated activities.
5
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
2. Timing of PCN: Where required by the terms of this RGP, the prospective permittee must notify the Corps by
submitting a PCN as early as possible. The Corps will determine if the PCN is complete within 30 calendar days of the
date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day
period to request the additional information necessary to make the PCN complete. As a general rule, the Corps will
request additional information necessary to make the PCN complete only once. However, if the prospective permittee
does not provide all of the requested information, then the Corps will notify the prospective permittee that the PCN is
still incomplete and the PCN review process will not commence until all of the requested information has been received
by the Corps. The prospective permittee shall not begin the activity until they are notified in writing by the Corps that
the activity may proceed under the RGP with any special conditions imposed by the Corps.
3. Form and Content of PCN: The PCN must be in writing and should utilize the Minnesota Joint Waters Wetlands
Application, WI DNR application or the Corps standard individual permit application Form ENG 4345. A letter
containing the required information may also be used. A complete PCN must include:
a. Contact information including the name, mailing address, email address, and telephone numbers of the prospective
permittee and any third party agents.
b. Location of the proposed activity (i.e. sectiontownshiprange and latitude and longitude in decimal degrees).
c. A description of the proposed activity and its purpose; a description of any avoidance and minimization mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and any and all
other general or individual permits used or intended to be used to authorize any part of the overall project, including
activities that require Corps authorization but do not require PCN.
d. A tabulation of all impacts to waters of the US, including the anticipated amount of loss and temporary impact to
waters of the US expected to result from the proposed activity. For the Utility RGP, all PCNs must additionally
report conversions of wooded (shrub and forested) communities in waters of the US. Conversion reporting in
waters of the US must distinguish permanent conversion from areas proposed to regenerate, and must clarify
which conversions proposed would, and would not, incorporate a regulated activity in waters of the US. Impacts
to all waters of the US must be reported in acres or square feet. In addition, tributary, pond, and lake impacts
must also be reported in linear feet. A table may be used to clearly and succinctly disclose this information (see
Calculating Impacts to Water of the United States, Section D).
e. Sketches, maps, drawings and plans must be provided to show that the activity complies with the terms of the RGP.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity. Large and small
scale maps must be provided to show the project site location. Drawings and plans should be to scale, with scale bar
included, and depict all identified aquatic resources and aquatic resource impact areas, including planview drawings
on a recent aerial photograph, and crosssection and profile drawings where appropriate.
f. Identification of all aquatic resources on the project site and the acreage of each aquatic resource present. Aquatic
resources shall be identified by type (e.g. wetland, tributary, lake, manmade ditch, pond, etc.) and impacts shall be
identified by type (e.g. fill, excavation, etc.) and permanence (permanent or temporary). A wetland delineation may
be required.
g. A statement describing how compensatory mitigation requirements will be satisfied, or an explanation why
compensatory mitigation should not be required. See Mitigation, Section F for more information.
h. If the proposed project would impact a calcareous fen, the PCN must include a copy of the WI DNR authorization for
the proposed regulated activity, or a copy of the approved MN DNR calcareous fen management plan specific to the
project.
i. If any federallylisted proposed, threatened or endangered species or proposed or designated critical habitat might
be affected by the regulated activity, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by
the proposed activity. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with ESA Section 7.
6
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
j. If the activity might have the potential to cause effects to an historic property listed on, eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property
might have the potential to be affected by the proposed activity and include a vicinity map indicating the location of
the historic property. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with Section 106 of the NHPA.
k. If an activity is proposed in or might affect a component of the National Wild and Scenic River System (including
designated portions of the St. Croix River in Minnesota and Wisconsin and the Wolf River in Wisconsin) or in a river
officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official
study status, the PCN must identify the Wild and Scenic River or the "study river."
l. The PCN must specify how long temporary impacts and structures will remain in place and include a restoration plan
showing how all temporary fills and structures will be removed and the area restored to preproject conditions.
m. If a waiver from for a specific condition of the permit is proposed, the PCN must include an explanation of the need
for a waiver and why the applicant believes the impacts would result in minimal individual and cumulative adverse
environmental effects. The Utility RGP includes a waiver for Condition 15 (duration of temporary impacts), and the
300 linear foot tributary threshold. In addition to the information described above, any waiver request from
Condition 15 requires information which describes how long the temporary impact will remain and must include a
restoration plan showing how all temporary fills and structures will be removed and the area restored to preproject
conditions.
n. For an activity that requires permission from the Corps pursuant to Section 408 because it will alter or temporarily or
permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the PCN must
include a statement confirming if the project proponent has submitted a written request for Section 408 permission
from the Corps office having jurisdiction over the Corps civil works project.
F. MITIGATION
In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and
current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed
to avoid and minimize (mitigate) adverse effects, both temporary and permanent, to waters of the US to the maximum
extent practicable at the project site (i.e., on site). Mitigation includes actions which may avoid, minimize, rectify, reduce,
or compensate for adverse environmental effects or activities which may otherwise be contrary to the public interest.
Examples of avoidance activities may include installation of clearspan bridges over tributaries or excluding wetlands from
additional temporary workspace. Minimization activities may include use of construction matting in waters of the US, or
seasonally restricting the timing for regulated activities within tributaries. Regulated activities which the Corps believes do
not mitigate adverse environmental effects or are contrary to the public interest are ineligible for authorization by the
Utility RGP, and will be evaluated by the Corps using individual permit procedures.
After all practicable steps to avoid and minimize adverse effects to waters of the US have been considered, the Corps may
require compensatory mitigation to ensure that the regulated activity results in no more than minimal adverse
environmental effects, or will not be contrary to the public interest. In reviewing the complete PCN for the proposed
activity, the Corps will determine whether the activity authorized by the RGP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. The Corps will issue the RGP
verification for that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after
considering compensatory mitigation, that the proposed activity will result in more than minimal individual and
cumulative adverse effects on the aquatic environment and other aspects of the public interest. When this occurs, the
Corps will exercise discretionary authority to require an individual permit evaluation for the proposed regulated activity.
Regulated activities eligible for this RGP which require submittal of a PCN must include a statement describing how
compensatory mitigation requirements will be satisfied, or an explanation why compensatory mitigation should not be
7
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
required for proposed impacts to waters of the US. Project proponents may propose the use of mitigation banks, inlieu
fee programs, or permitteeresponsible mitigation. When developing a compensatory mitigation proposal, the project
proponent must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b).
Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable
provisions of the current Corps policies, guidelines, and 33 CFR 332 (the Mitigation Rule).
Information regarding current Corps policies and guidelines about compensatory mitigation in Minnesota and Wisconsin
may be viewed online at www.mvp.usace.army.mil/Missions/Regulatory/Mitigation. Information regarding existing banks
and inlieu fee programs is available online at www.ribits.usace.army.mil. Nationally applicable information, including the
Mitigation Rule, may be read online at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramand
Permits/mitig_info/.
G. USE OF MULTIPLE GENERAL PERMITS (STACKING)
Single and complete nonlinear projects may not be ``piecemealed'' to avoid the limits in a general permit (nationwide,
programmatic, or regional general permit) authorization. When general permit limits are exceeded, single and complete
projects may be eligible for review and authorization by an individual permit.
Unless otherwise indicated by a specific general permit or general permit category, the use of more than one general
permit (nationwide, programmatic, or regional general permit) for a single and complete project is prohibited, except when
the acreage or linear foot loss of waters of the US authorized by the general permits does not exceed the loss limit of the
general permit with the highest specified acreage limit.
H. GENERAL CONDITIONS
To qualify for Utility regional general permit (RGP) authorization, the prospective permittee must comply with the
following conditions, as applicable, in addition to any Utility RGP terms and projectspecific conditions imposed by the
Corps.
Compliance: The permittee is responsible for ensuring that whomever performs, supervises or oversees any
portion of the physical work associated with the construction of the project has a copy of and is familiar with all
the terms and conditions of the RGP and any special (permitspecific) conditions included in any written
verification letter from the Corps. The activity must also comply with any special conditions added by the state,
tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and
conditions of the RGP. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety and compliance with applicable RGP general conditions, as well as any activityspecific
conditions added by the Corps to an RGP authorization.
2. Compliance Certification: Each permittee who receives an RGP verification letter from the Corps must provide a signed
certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The Corps will provide the permittee the certification document with the RGP verification letter. The
completed certification document must be submitted to the Corps within 30 days of completion of the authorized
activity or the implementation of any required compensatory mitigation, whichever occurs later.
3. Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the
authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP
authorization.
4. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting
1.
8
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
5.
6.
7.
8.
9.
10.
appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce
impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
Endangered Species:
a. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence
of a federally threatened or endangered species or a species proposed for such designation, as identified under
the Endangered Species Act (ESA), 50 CFR 402, or which will directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized under the Utility RGP which "may affect" a listed species
or critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been
completed, and a Corps RGP verification letter is issued. Direct effects are the immediate effects on listed species
and critical habitat caused by the RGP activity. Indirect effects are those effects on listed species and critical
habitat that are caused by the RGP activity and are later in time, but still are reasonably certain to occur.
b. As a result of formal or informal consultation with the FWS the Corps may add speciesspecific permit condition
to the RGP verification.
c. Information on the location of federally threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS on their web page at www.fws.gov/ipac.
Calcareous Fens: The permittee may not complete regulated activities in a calcareous fen, unless the Wisconsin
Department of Natural Resources has authorized the proposed regulated activity, or the Minnesota Department of
Natural Resources has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
Wild and Scenic Rivers: The permittee may not complete regulated activities which may affect or are located in a
designated portions of the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic River designation or study status.
Historic Properties, Cultural Resources:
a. No activity which may affect historic properties listed or potentially eligible for listing on the National Register of
Historic Places is authorized until the requirements of Section 106 of the National Historic Preservation Act
(Section 106) have been satisfied. Federal project proponents should follow their own procedures for complying
with the requirements of Section 106 and provide documentation of compliance with those requirements.
b. Information on the location and existence of historic and cultural resources can be obtained from the State
Historic Preservation Office, Tribal Historic Preservation Offices, and the National Register of Historic Places.
c. Rock or fill material used for activities authorized by this permit must either be obtained from existing quarries or,
if a new borrow site is excavated to obtain fill material, the Corps must be notified prior to the use of the new site
to determine whether a cultural resources survey of the site is necessary.
Discovery of Previously Unknown Remains and Artifacts: If you discover any previously unknown historic, cultural or
archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately
notify the Corps of what you have found, and to the maximum extent practicable, avoid construction activities that
may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the
federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota
Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native
American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or
removal of human remains until disposition of the remains has been determined by the appropriate authority under
these laws, and the work is authorized by the Corps. Regulated activities which result in an inadvertent discovery of
human remains must stop immediately, and the Corps, as well as the appropriate state and tribal authority, must be
9
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
11.
12.
13.
14.
15.
16.
17.
notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as
appropriate, prior to restarting work.
Federally Authorized Corps Civil Works projects: A permittee is not authorized to begin any regulated activities
described in this RGP if activities will alter or temporarily or permanently occupy or use a Corps federally authorized
civil works project, unless the appropriate Corps office issues Section 408 permission to alter, occupy, or use the
Corps civil works project (pursuant to 33 U.S.C. 408), and the Corps issues written a Utility RGP verification. Examples
of federal projects include but are not limited to works that were built by the Corps and are locally maintained (such
as local flood control projects) or operated and maintained by the Corps (such as locks and dams).
Dam Safety: Permittees are not authorized to begin regulated activities unless they are able to demonstrate that the
structures, when appropriate, comply with applicable state dam safety criteria or have been designed by qualified
persons. The Corps may require documentation that the design has been independently reviewed by similarly
qualified persons, and appropriate modifications are made to ensure safety.
Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act).
Restoration of Temporary Impacts: All temporary impacts in waters of the US, including discharges resulting from side
casting material excavated from trenching, that occur as a result of the regulated activity must be fully contained with
appropriate erosion control or containment methods, be restored to preconstruction contours and elevations, and, as
appropriate, revegetated with native, noninvasive vegetation. In temporarily excavated wetlands, topsoil should be
segregated and replaced to original depths, for example, in most wetlands the top 6 to 12 inches of the excavation
should normally be backfilled with topsoil originating from the wetland. No temporary excavation area, including, but
not limited to trenches, may be constructed or backfilled in such a manner as to drain waters of the United States
(e.g., backfilling with extensive gravel layers, creating a French drain effect).
Duration of Temporary Impacts: Temporary impacts in waters of the U.S., including wetlands, must be avoided and
limited to the smallest area and the shortest duration required to accomplish the project purpose.
a. Unless otherwise conditioned in a Corps RGP verification, temporary impacts may not remain in place longer than
90 days between May 15 and November 15. Before those 90 days have elapsed all temporary discharges must be
removed in their entirety.
b. If the temporary impacts would remain in place for longer than 90 days between May 15 and November 15, the
PCN must request a waiver from this condition and specify how long temporary impacts will remain and include a
restoration plan showing how all temporary fills and structures will be removed and the area restored to pre
project conditions. The permittee must remove the temporary impacts in their entirety in accordance with the
activity authorized their permit verification.
Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may occur
as the result of the authorized work, appropriate BMPs must be implemented and maintained. For authorized work
above an OHWM the BMPs must remain in place until the affected area is stabilized with vegetation or ground cover.
For all authorized work below an OHWM, BMPs are required and must prevent or minimize adverse effects (e.g., total
suspended solids or sedimentation) to the water column outside of the authorized work area. Heavy equipment
working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil
disturbance. All BMPs must be inspected and properly maintained following storm events to ensure they are
operational. All exposed slopes and stream banks must be stabilized within 24 hours after completion of all tributary
crossings.
Culverts and Crossings: Unless an RGP verification authorizes otherwise, replacement and installation of culverts or
crossings authorized by a RGP are to follow (or be restored to) the natural alignment and profile of the tributary. The
culverts or bridges must adequately pass low flow and bankfull events, bedload, sediment load, and provide site
appropriate fish and wildlife passage. Example design elements include recessing single culverts to accommodate
natural bankfull width and adjusting additional culvert inverts at an elevation higher than the bankfull elevation.
10
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
18. Aquatic Life Movements: No regulated activity may 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, unless the activity's primary purpose is to impound water.
19. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering
by substantial sedimentation) of a designated or known spawning area are not authorized.
20. Riprap: For RGP categories that allow for the use of riprap material for bank stabilization, only rock shall be used
and it must be of a size sufficient to prevent its movement from the authorized alignment by natural forces under
normal or high flows.
21. Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and
for minimizing any contamination resulting from a spill in accordance with all applicable state, tribal, and federal laws.
In accordance with applicable state, tribal, and federal laws and regulations, if a spill of any potential pollutant or
hazardous waste occurs, it is the responsibility of the permittee to immediately notify the National Response Center
at 18004248802 or www.nrc.uscg.mil AND
IN WISCONSIN: the WI DNR Spills Team at 18009430003; or
IN MINNESOTA: the Minnesota State Duty Officer at 18004220798.
22. Clean Construction Equipment: All construction equipment must be clean prior to entering and before leaving the
work site in order to prevent the spread of invasive species.
23. Navigation: No activity may cause more than a minimal adverse effect on navigation. Any safety lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the
permittee's expense on authorized facilities in navigable waters of the US. 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, 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.
24. Fills Within 100Year Floodplains: The regulated activity must comply with applicable FEMAapproved state or local
floodplain management requirements.
25. Access Roads: Access roads must be sized appropriately and must be constructed in such a way to minimize adverse
effects on waters of the US and elevations must be as near as practicable to preconstruction contours and elevations
(e.g., at grade corduroy roads or geotextile/gravel roads). All access roads constructed in waters of the US must be
properly bridged or culverted to maintain surface flows.
26. Minimum Clearances for Aerial Lines over Navigable Waters: The minimum clearance* for an aerial electrical power
transmission line is based on the low point of the line under conditions that produce the greatest sag, taking into
consideration temperature, load, wind, length or span and the type of supports. The minimum clearance for an
aerial electrical power transmission line crossing navigable waters of the United States, where there is an
established bridge clearance established by the U.S. Coast Guard, shall be governed by the system voltage, as
indicated below:
Nominal System Voltage, in kilovolts
115 and below
138
161
230
350
500
700
750 to 765
Minimum Clearance Above Bridge (as established by the U.S. Coast Guard)
20 feet
22
24
26
30
35
42
45
11
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
27.
28.
29.
30.
31.
*NOTE: Minimum clearance is the distance measured between the lowest point of a stationary bridge, including
any infrastructure attached to underside of the bridge, and the ordinary high water mark of the navigable waters of
the United States beneath the bridge.
Minimum Depths for Utility Lines under FederallyMaintained Channels: Unless otherwise conditioned in a Corps
Utility RGP verification letter, all utility line crossings of federallymaintained channels (i.e., the Mississippi River) will
be buried at least six (6) feet below the allowable over depth of the authorized channel, including all side slopes.
Overhead Utility Line Foundations: Foundations proposed for overhead utility lines must be the minimum size
necessary and separate footings for each tower leg (rather than a large single pad) must be used where
practicable.
Remediation of Inadvertent Returns of Drilling Fluid: When an inadvertent return of drilling fluids is suspected or
detected in a regulated water of the U.S. the contractor shall suspend all drilling operations at the return site
immediately. Work shall be undertaken immediately to contain and cleanup the inadvertent drilling fluid and
minimize further migration of the drilling fluids/slurry in waters of the US. All inadvertent return sites located in
waters of the U.S. shall be returned to preproject conditions pursuant to Conditions 14 and 15. Notification must
be provided consistent with Condition 21. Notification of inadvertent returns in waters of the US must also
include notification to the Corps, but does not require Utility RGP verification prior to commencing remediation
work.
Section 401 Clean Water Act Water Quality Certification: forthcoming
Transfer of Regional General Permit Verifications: If the permittee sells the property associated with a regional
general permit verification, the permittee may transfer the regional general permit verification to the new owner
by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the regional general
permit 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 regional general permit are still in existence at the time
the property is transferred, the terms and conditions of this regional general permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this regional
general permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
___________________________________
(Transferee)
___________________________________
(Date)
I. DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non
structural.
Compensatory mitigation: The restoration (reestablishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is
defined at 33 CFR 323.2(f).
Exploratory trenching: Temporary excavation of the upper soil profile to expose bedrock or substrate, for the purpose of
mapping or sampling the exposed material.
12
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register
criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete nonlinear project in the Corps Regulatory
Program. A project is considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Linear ditch: A defined channel constructed adjacent to a linear transportation facility (e.g., roads, highways, railways,
trails, airport runways, and taxiways, etc.) to convey runoff from the linear facilities and from areas which drain toward
the linear facilities. The term linear ditch does not include natural tributaries, relocated natural tributaries, or modified
natural tributaries.
Navigable waters: Waters subject to Section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR
part 329.
Ordinary high water mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding
areas.
Overall project: The aggregate of all single and complete projects related to the same purpose, including linear and non
linear projects with regulated losses and temporary impacts to waters of the US.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Preconstruction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a
particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. PCN may be required by the
terms and conditions of this regional general permit. A PCN may be voluntarily submitted in cases where PCN is not
required and the project proponent wants verification that the activity is authorized by general permit.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural
importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes,
judicial decisions, or executive orders, including tribal trust resources.
Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or
services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at
separate and distant locations. The term "single and complete project" is defined as that portion of the overall linear
project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that
includes all crossings of a single water of the US (i.e., a single waterbody) at a specific location. For linear projects crossing
a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and
complete project for purposes of this general permit authorization. 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. The definition of "single and complete linear project" does not include the
term "independent utility" because each crossing of waters of the US is needed for the single and complete linear project
to fulfill its purpose of transporting people, goods, and services from the point of origin to the terminal point.
Single and complete nonlinear project: For nonlinear projects, the term "single and complete project" is defined at 33
CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or partnership or other association
of owners/developers. A single and complete nonlinear project must have independent utility. Single and complete non
linear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A project is considered to have
13
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a
multiphase project that depend upon other phases of the project do not have independent utility. Phases of a project
that would be constructed even if the other phases were not built can be considered as separate single and complete
projects with independent utility.
Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without
limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty,
artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to navigation, or any other manmade obstacle or obstruction.
Tribal lands: Any lands which are either: 1) held in trust by the United States for the benefit of any Indian tribe or
individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remedies.
Tributary: For purposes of this RGP, a water that contributes flow, either directly or through another water to a
traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the
physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, manaltered, or man
made water and includes waters such as rivers, streams, canals, and ditches.
Utility line: Any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any
purpose not excluded herein, and any cable, line, or wire for the transmission of electrical energy, telephone, and
telegraph messages, and internet, radio, and television communication. The term utility line does not include activities
that drain a water of the United States, such as drainage tile or French drains. The term also excludes pipes and culverts
for residential, commercial, industrial, agricultural, recreational, or other developments associated with driveways,
roadways, lots, and storm water ponds.
Waiver: An approval from the Corps which allows an applicant to exceed the activity restrictions or conditions described
in an RGP. Waivers may only be considered when expressly indicated as available in an RGP and will only be granted once
the Corps has made a written determination that the RGP activity will result in only minimal individual and cumulative
adverse environmental effects. When a waiver is required, an applicant cannot start work until they have received a RGP
verification letter with waiver approval.
Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
J. FURTHER INFORMATION
1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to
Section 404 of the Clean Water Act (33 U.S.C 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C.
403).
2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by
an RGP based on concern for the aquatic environment or for any other factor of the public interest.
3. Limits of this authorization:
a) This RGP does not obviate the need to obtain other federal, state, or local authorizations required by law;
b) This RGP does not grant any property rights or exclusive privileges;
c) This RGP does not authorize any injury to the property or rights of others; and
d) This RGP does not authorize interference with any existing or proposed federal project.
4. Limits of 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;
14
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
b) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on
behalf of the United States 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; or
e) Damage claims associated with any future modification, suspension, or revocation of this permit.
5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will
be made in reliance on the information provided by the project proponent.
6. Reevaluation of decision: This office may reevaluate its decision for an individual verification under this general
permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a) The permittee fails to comply with the terms and conditions of this permit;
b) The information provided by the permittee in support of the preconstruction notification proves to have been
false, incomplete, or inaccurate (See 5 above); or
c) Significant new information surfaces which this office did not consider in reaching the original decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring the permittee to comply with the terms and conditions of their permit and for the initiation of legal
action where appropriate. The permittee will be required to pay for any corrective measures ordered by this
office, and if the permittee fails to comply with such directive, this office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill the permittee
for the cost.
7. This office may also reevaluate its decision to issue this Utility RGP at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, significant new information surfaces
which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a
determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33
CFR 325.
K. CORPS DECISION
In reviewing the PCN for the proposed activity, the Corps will determine whether the activity authorized by the RGP will
result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific RGP, the Corps should issue the RGP verification for
that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after considering mitigation,
that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to require an individual permit
for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of
waters of the US to determine whether they individually satisfy the terms and conditions of the RGPs, as well as the
cumulative effects caused by all of the crossings authorized by RGP.
If an applicant requests a waiver for any limit where waivers are indicated as available, the Corps will only grant the waiver
upon a written determination that the RGP activity will result in only minimal individual and cumulative adverse
environmental effects.
When making minimal adverse environmental effects determinations the Corps will consider the direct and indirect
effects caused by the RGP activity. The Corps will also consider the cumulative adverse environmental effects caused by
activities authorized by the RGP and whether those cumulative adverse environmental effects are no more than minimal.
The Corps will consider site specific factors, such as the environmental setting in the vicinity of the RGP activity, the type
15
St. Paul District Corps of Engineers, Regulatory Branch
Utility Regional General Permit
of resource that will be affected by the RGP activity, the functions provided by the aquatic resources that will be affected
by the RGP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that
aquatic resource functions will be lost as a result of the RGP activity (e.g., partial or complete loss), the duration of the
adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g.,
watershed or ecoregion), and mitigation required by the Corps. The Corps may add casespecific special conditions to the
RGP authorization to address sitespecific environmental concerns.
The Corps will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in
the proposal to inform decisions regarding whether the net adverse environmental effects of the proposed activity are no
more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the Corps determines
that the activity complies with the terms and conditions of the RGP and that the adverse environmental effects are no
more than minimal, after considering mitigation, the Corps will notify the permittee and include any activity specific
conditions in the RGP verification the Corps deems necessary. Conditions for compensatory mitigation requirements must
comply with the appropriate provisions at 33 CFR 332.3(k). When compensatory mitigation is required, the Corps must
approve the final mitigation plan before the permittee commences work in waters of the US, unless the Corps determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation. If the Corps determines that the adverse environmental effects of the proposed
activity are more than minimal, then the Corps will notify the applicant of next steps as described in 33 CFR 325.
16
DEPARTMENT OF THE ARMY
WILDLIFE PONDS REGIONAL GENERAL PERMIT
PERMIT: Wildlife Ponds Regional General Permit
ISSUING OFFICE: St. Paul District U.S. Army Corps of Engineers
EFFECTIVE DATE: February 17, 2018
EXPIRATION DATE: February 16, 2023
A. AUTHORIZATION
Regulated activities conducted in accordance with the terms and conditions of the Wildlife Ponds Regional General Permit
(RGP or permit) are authorized in the States of Wisconsin and Minnesota and on Federallyrecognized American Indian
Reservations in Wisconsin and Minnesota. All regulated activities require an applicant to submit preconstruction
notification (PCN) and receive written St. Paul District Corps of Engineers Regulatory Branch (Corps) verification prior to
commencing work. Refer to the appropriate sections of this permit for a description of RGP procedures, eligible activities,
conditions, exclusions and application instructions.
Unless otherwise specified in the Corps letter verifying a project complies with the terms and conditions of this RGP, the
time limit for completing work authorized by the permit ends upon the expiration date of the RGP. Activities authorized
under this RGP that have commenced construction or are under contract to commence construction in reliance upon this
RGP, will remain authorized provided the activity is completed within 12 months of the date of the RGP expiration,
suspension, or revocation; whichever is sooner.
Wildlife Ponds RGP authorizations are not valid until a project proponent obtains a Clean Water Act Section 401 water
quality certification (401 certification) or waiver from the appropriate water quality certifying agency; see general condition
22 in Section H below. Regulated activities excluded in general condition 22 require a projectspecific 401 certification or
waiver from the appropriate agency. In addition, some RGP authorizations may be subject to projectspecific special
conditions that will be specified in the Corps verification letter. This RGP does not obviate the need for other necessary
federal, state, tribal, or local authorizations or permits.
B. WILDLIFE PONDS REGIONAL GENERAL PERMIT APPLICABILITY
The Wildlife Ponds RGP applies to certain activities in waters of the United States (US), including wetlands, as described
below, in the States of Wisconsin and Minnesota, including within the exterior boundaries of Indian Reservations.
1. Regulatory Authority: Section 404 of the Clean Water Act (33 U.S.C. 1344, Section 404) for discharges of dredged and
fill material into waters of the US (referred to as regulated activities).
2. Eligible Activities: Regulated activities, including losses and temporary impacts (see Section D, Calculating Impacts to
Waters of the US), required for the construction of small ponds for wildlife habitat.
3. Activity Restrictions (the regulated activity must meet the following terms):
a) Each wildlife pond proposed is a single and complete nonlinear project, and regulated activities for each pond may
not result in the loss of more than 0.5 acre of water of the US.
b) This RGP may be stacked to authorize more than one pond, but the cumulative loss to waters of the US may not
exceed 1.0 acre.
c) Wildlife ponds must be constructed with irregular shorelines, shallow side slopes (8H:1V or flatter), and dominated
by water depths of 4 feet or less, but not deeper than 6 feet.
d) Upon completion of pond construction, all dredged material must be placed at an upland location.
e) This RGP does not authorize the installation of pond liners, and does not authorize construction of aquaculture or
swimming ponds.
f) This RGP may not be used to authorize the construction of ponds within tributaries.
g) This RGP may not be used to authorize the conversion of waters of the US to uplands.
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
4. PreConstruction Notification (PCN): All activities eligible for authorization by the Wildlife Ponds RGP require submittal
of a PCN and written Corps verification of coverage prior to starting work. Please refer to Section E below for
additional information regarding PCN requirements.
C. WILDLIFE PONDS REGIONAL GENERAL PERMIT EXCLUSIONS
The following activities are INELIGIBLE for Wildlife Ponds RGP authorization:
1. Regulated activities that would require authorization from the Corps pursuant to Section 10 of the Rivers and
Harbors Act of 1899 (33 U.S.C. 403).
2. Regulated activities that may cause more than minimal adverse effects on tribal rights (including treaty rights),
protected tribal resources, or tribal lands.
3. Regulated activities eligible for authorization under a valid Corps Special Area Management plan (SAMP) general
permit, see http://www.mvp.usace.army.mil/Missions/Regulatory/PermittingProcessProcedures for more
information on SAMPs.
4. Wildlife ponds proposed near existing airports which do not meet the requirements of Federal Aviation
Administration (FAA) Advisory Circular 150/520033B (Hazardous Wildlife Attractants On or Near Airports).
5. Regulated activities that would occur in a calcareous fen, unless the Wisconsin Department of Natural Resources
(WI DNR) has authorized the proposed regulated activity, or the Minnesota Department of Natural Resources
(MN DNR) has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
6. Regulated activities which are likely to directly or indirectly jeopardize the continued existence of a federally
threatened or endangered species or a species proposed for such designation, as identified under the Federal
Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No regulated activity is authorized under any RGP which "may affect" a listed species or critical
habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has been completed.
7. Regulated activities which may have the potential to cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, unless the requirements of Section 106 of the National Historic Preservation
Act (NHPA) have been satisfied.
8. Regulated activities which may result in disturbance or removal of human remains unless disposition of the
remains has been determined by the appropriate authority under applicable laws, and the work is authorized by
the Corps. See Section H, Condition 10 for more information.
D. CALCULATING IMPACTS TO WATERS OF THE UNITED STATES
This section describes the impact calculations the Corps generally uses to verify that an RGP meets the stated restrictions
in Section B above. Some components described in this section may not be applicable to the Wildlife Ponds RGP.
However, projects where Wildlife Ponds RGP activities are one component of a larger project requiring Corps
authorization may require a tabulation of more varied impacts than required by the Wildlife Ponds RGP alone. See
Section G below for more information regarding the use of multiple general permits.
1. Waters of the US may include waterbodies such as streams, rivers, lakes, ponds, and wetlands (see the Definitions
Section I below).
2. Loss of waters of the US is the sum of all permanently adversely affected jurisdictional waterbodies for a single
and complete project. Temporary impacts to waters of the US, discussed below, are calculated separately from
losses of waters of the US, and do not contribute to loss thresholds. Permanent adverse effects include filling,
flooding, excavation, or drainage in waters of the US as a result of the regulated activity. Permanent adverse
effects to waters of the US include regulated activities that change a waterbody to dry land, increase the bottom
2
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
elevation of a waterbody, or decrease the bottom elevation of a waterbody (e.g. excavation of a sedge meadow
wetland to shallow marsh), or change the use of a waterbody.
a) Losses of wetland must be reported in either acres or square feet, as appropriate.
b) Losses of tributaries, ponds, and lakes must be reported in acres or square feet and linear feet below the
plane of the ordinary high water mark. If regulated activities are proposed along opposite banks (e.g. bank
stabilization along both banks of a tributary) or at multiple locations (e.g. construction of bridge abutments
and piers), they are added together to determine the total amount of linear loss to waters of the US.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability Section B, or in PreConstruction Notification
Information Section E.
3. Temporary impacts to waters of the US include the sum of all regulated activities in jurisdictional waterbodies at a
single and complete location which are restored to preconstruction conditions. Examples of temporary impacts
in waters of the US include the placement of timber matting, temporary stockpiling of dredged material,
trenching and backfilling, and in many cases mechanized landclearing in waters of the US.
a) Temporary impacts to wetlands must be reported in either acres or square feet, as appropriate.
b) Temporary impacts to tributaries, ponds, and lakes must be reported in acres or square feet and linear feet
below the plane of the ordinary high water mark. If regulated activities are proposed along opposite banks or
at multiple locations, temporary impacts are added together to determine the total amount of temporary
linear impact.
c) Additional measurements for waterbodies may be required. If required, these measurements will be
specified in the Regional General Permit Applicability Section B, or in PreConstruction Notification
Information Section E.
4. Losses and temporary impacts to waters of the US do not include activities that do not require Department of the
Army authorization, such as activities eligible for exemptions under Section 404(f) of the Clean Water Act.
5. The measurements of loss and temporary impact to waters of the US are for determining whether a project may
qualify for the RGP, and are not reduced by compensatory mitigation.
E. PRECONSTRUCTION NOTIFICATION (PCN) INFORMATION
All Wildlife Ponds RGP activities require PCN.
The PCN must include all other nationwide permits, programmatic general permits, RGPs, or individual permits used or
intended to be used to authorize any part of the overall project, including other regulated activities that require Corps
authorization but do not require PCN.
Before starting regulated work, project proponents must obtain written Corps verification of Wildlife Ponds RGP
coverage for all activities.
1. Timing of PCN: The prospective permittee must notify the Corps by submitting a PCN as early as possible. The Corps
will determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary
to make the PCN complete. As a general rule, the Corps will request additional information necessary to make the PCN
complete only once. However, if the prospective permittee does not provide all of the requested information, then the
Corps will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the Corps. The prospective permittee shall not
begin the activity until they are notified in writing by the Corps that the activity may proceed under the RGP with any
special conditions imposed by the Corps.
3
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
2. Form and Content of PCN: The PCN must be in writing and should utilize the Minnesota Joint Waters Wetlands
Application, WI DNR application or the Corps standard individual permit application Form ENG 4345. A letter
containing the required information may also be used. A complete PCN must include:
a. Contact information including the name, mailing address, email address, and telephone numbers of the prospective
permittee and any third party agents.
b. Location of the proposed activity (i.e. sectiontownshiprange and latitude and longitude in decimal degrees).
c. A description of the proposed activity and its purpose; a description of any avoidance and minimization mitigation
measures intended to reduce the adverse environmental effects caused by the proposed activity; and any and all
other general or individual permits used or intended to be used to authorize any part of the overall project, including
activities that require Corps authorization but do not require PCN.
d. A tabulation of all impacts to waters of the US, including the anticipated amount of loss and temporary impact to
waters of the US expected to result from the proposed activity. Impacts to all waters of the US must be reported
in acres or square feet. In addition, pond and lake impacts must also be reported in linear feet (see Calculating
Impacts to Water of the United States, Section D).
e. Sketches, maps, drawings and plans must be provided to show that the activity complies with the terms of the RGP.
Sketches should contain sufficient detail to provide an illustrative description of the proposed activity. Large and small
scale maps must be provided to show the project site location. Drawings and plans should be to scale, with scale bar
included, and depict all identified aquatic resources and aquatic resource impact areas, including planview drawings
on a recent aerial photograph, and crosssection and profile drawings where appropriate.
f. Identification of all aquatic resources on the project site and the acreage of each aquatic resource present. Aquatic
resources shall be identified by type (e.g. wetland, lake, manmade ditch, pond, etc.) and impacts shall be identified
by type (e.g. fill, excavation, etc.) and permanence (permanent or temporary). A wetland delineation may be required.
g. A statement describing how compensatory mitigation requirements will be satisfied, or an explanation why
compensatory mitigation should not be required. See Mitigation, Section F for more information.
h. If the proposed project would impact a calcareous fen, the PCN must include a copy of the WI DNR authorization for
the proposed regulated activity, or a copy of the approved MN DNR calcareous fen management plan specific to the
project.
i. If any federallylisted proposed, threatened or endangered species or proposed or designated critical habitat might
be affected by the regulated activity, the PCN must include the name(s) of those endangered or threatened species
that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by
the proposed activity. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with ESA Section 7.
j. If the activity might have the potential to cause effects to an historic property listed on, eligible for listing on, or
potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property
might have the potential to be affected by the proposed activity and include a vicinity map indicating the location of
the historic property. Federal applicants or applicants that have federal funding (or whose project otherwise involves
a lead federal agency) must provide documentation demonstrating compliance with Section 106 of the NHPA.
k. The PCN must specify how long temporary impacts and structures will remain in place and include a restoration plan
showing how all temporary fills and structures will be removed and the area restored to preproject conditions.
l. If a waiver from general conditions 13 or 14 are proposed (Section H, Restoration of Temporary Impacts and Duration
of Temporary Impacts), the PCN must include an explanation of the need for a waiver and why the applicant believes
the impacts would result in minimal individual and cumulative adverse environmental effects. Waiver requests for
Condition 13 must also describe why the resulting grade and existing seed bank are sufficient to restore the site to
preconstruction conditions. Waiver requests for Condition 14 must disclose the proposed duration of temporary
impacts between May 15 and November 15, and provide a restoration plan showing how all temporary impacts will
be removed and the areas restored to preconstruction conditions. General conditions 13 and 14 are the only
waivers available for the Wildlife Ponds RGP.
4
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
F. MITIGATION
In accordance with the Federal Mitigation Rule (33 CFR part 332), the Section 404(b)(1) guidelines (40 CFR part 230), and
current Corps policies and guidelines for compensatory mitigation, regulated activities must be designed and constructed
to avoid and minimize (mitigate) adverse effects, both temporary and permanent, to waters of the United States to the
maximum extent practicable at the project site (i.e., on site). Mitigation includes actions which may avoid, minimize,
rectify, reduce, or compensate for adverse environmental effects or activities which may otherwise be contrary to the
public interest. Examples of avoidance activities may include installation of clearspan bridges over tributaries or excluding
wetlands from additional temporary workspace. Minimization activities may include use of construction matting in
waters of the US, or seasonally restricting the timing for regulated activities within tributaries. Regulated activities which
the Corps believes do not mitigate adverse environmental effects or are contrary to the public interest are ineligible for
authorization by the Utility RGP, and will be evaluated by the Corps using individual permit procedures.
After all practicable steps to avoid and minimize adverse effects to waters of the US have been considered, the Corps may
require compensatory mitigation to ensure that the regulated activity results in no more than minimal adverse
environmental effects, or will not be contrary to the public interest. In reviewing the complete PCN for the proposed
activity, the Corps will determine whether the activity authorized by the RGP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. The Corps will issue the RGP
verification for that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after
considering compensatory mitigation, that the proposed activity will result in more than minimal individual and
cumulative adverse effects on the aquatic environment and other aspects of the public interest. When this occurs, the
Corps will exercise discretionary authority to require an individual permit evaluation for the proposed regulated activity.
Regulated activities eligible for this RGP must include a statement describing how compensatory mitigation requirements
will be satisfied, or an explanation why compensatory mitigation should not be required for proposed impacts to waters
of the US. Project proponents may propose the use of mitigation banks, inlieu fee programs, or permitteeresponsible
mitigation. When developing a compensatory mitigation proposal, the project proponent must consider appropriate and
practicable options consistent with the framework at 33 CFR 332.3(b). Compensatory mitigation projects provided to
offset losses of aquatic resources must comply with the applicable provisions of the current Corps policies, guidelines, and
33 CFR 332 (the Mitigation Rule).
Information regarding current Corps policies and guidelines about compensatory mitigation in Minnesota and Wisconsin
may be viewed online at www.mvp.usace.army.mil/Missions/Regulatory/Mitigation. Information regarding existing banks
and inlieu fee programs is available online at www.ribits.usace.army.mil. Nationally applicable information, including the
Mitigation Rule, may be read online at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramand
Permits/mitig_info/.
G. USE OF MULTIPLE GENERAL PERMITS (STACKING)
Single and complete nonlinear projects may not be ``piecemealed'' to avoid the limits in a general permit (nationwide,
programmatic, or regional general permit) authorization. When general permit limits are exceeded, single and complete
projects may be eligible for review and authorization by an individual permit.
Unless otherwise indicated by a specific general permit or general permit category, the use of more than one general
permit (nationwide, programmatic, or regional general permit) for a single and complete project is prohibited, except
when the acreage or linear foot loss of waters of the US authorized by the general permit does not exceed the acreage
limit of the general permit with the highest specified acreage limit.
5
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
H. GENERAL CONDITIONS
To qualify for Wildlife Ponds RGP authorization, the prospective permittee must comply with the following conditions, as
applicable, in addition to all applicable Wildlife Ponds RGP terms and requirements and all projectspecific conditions
imposed by the Corps.
1.
2.
3.
4.
5.
6.
7.
Compliance: The permittee is responsible for ensuring that whomever performs, supervises or oversees any
portion of the physical work associated with the construction of the project has a copy of and is familiar with all
the terms and conditions of the RGP and any special (permitspecific) conditions included in any written
verification letter from the Corps. The activity must also comply with any special conditions added by the state,
tribe, or U.S. EPA in its Section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination. The permittee is ultimately responsible for ensuring compliance with all the terms and
conditions of the RGP. Any authorized structure or fill shall be properly maintained, including maintenance to
ensure public safety and compliance with applicable RGP general conditions, as well as any activityspecific
conditions added by the Corps to an RGP authorization.
Compliance Certification: Each permittee who receives an RGP verification letter from the Corps must provide a signed
certification documenting completion of the authorized activity and implementation of any required compensatory
mitigation. The Corps will provide the permittee the certification document with the RGP verification letter. The
completed certification document must be submitted to the Corps within 30 days of completion of the authorized
activity or the implementation of any required compensatory mitigation, whichever occurs later.
Site Inspection: The permittee shall allow representatives from the Corps to inspect the proposed project site and the
authorized activity to ensure that it is being, or has been, constructed and maintained in accordance with the RGP
authorization.
Migratory Birds and Bald and Golden Eagles: The permittee is responsible for ensuring their action complies with the
Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting
appropriate local office of the U.S. Fish and Wildlife Service (FWS) to determine applicable measures to reduce
impacts to migratory birds or eagles, including whether "incidental take" permits are necessary and available under
the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.
Endangered Species:
a. No activity is authorized under this RGP which is likely to directly or indirectly jeopardize the continued existence
of a federally threatened or endangered species or a species proposed for such designation, as identified under
the Endangered Species Act (ESA), 50 CFR 402, or which will directly or indirectly destroy or adversely modify the
critical habitat of such species. No activity is authorized under the Wildlife Ponds RGP which "may affect" a listed
species or critical habitat, unless ESA Section 7 consultation addressing the effects of the proposed activity has
been completed, and a Corps RGP verification letter is issued. Direct effects are the immediate effects on listed
species and critical habitat caused by the RGP activity. Indirect effects are those effects on listed species and
critical habitat that are caused by the RGP activity and are later in time, but still are reasonably certain to occur.
b. As a result of formal or informal consultation with the FWS the Corps may add speciesspecific permit condition
to the RGP verification.
c. Information on the location of federally threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS on their web page at www.fws.gov/ipac.
Calcareous Fens: The permittee may not complete regulated activities in a calcareous fen, unless the Wisconsin
Department of Natural Resources has authorized the proposed regulated activity, or the Minnesota Department of
Natural Resources has approved a calcareous fen management plan specific to the project. A list of known Minnesota
calcareous fens can be found at: http://files.dnr.state.mn.us/eco/wetlands/calcareous_fen_list.pdf.
Historic Properties, Cultural Resources:
a. No activity which may affect historic properties listed or potentially eligible for listing on the National Register of
Historic Places is authorized until the requirements of Section 106 of the National Historic Preservation Act
6
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
8.
9.
10.
11.
12.
13.
14.
(Section 106) have been fulfilled. Federal project proponents should follow their own procedures for complying
with the requirements of Section 106 and provide documentation of compliance with those requirements.
b. Information on the location and existence of historic and cultural resources can be obtained from the State
Historic Preservation Office, Tribal Historic Preservation Offices, and the National Register of Historic Places.
c. Rock or fill material used for activities authorized by this permit must either be obtained from existing quarries or,
if a new borrow site is excavated to obtain fill material, the Corps must be notified prior to the use of the new site
to determine whether a cultural resources survey of the site is necessary.
Discovery of Previously Unknown Remains and Artifacts: If you discover any previously unknown historic, cultural or
archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately
notify the Corps of what you have found, and to the maximum extent practicable, avoid construction activities that
may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the
federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the
site is eligible for listing in the National Register of Historic Places.
Burial Sites: Burial sites, marked or unmarked, are subject to state law (Wisconsin Statute 157.70 and Minnesota
Statutes 306 and 307.08). Native American burial sites on federal or tribal land are subject to the provisions of Native
American Graves Protection and Repatriation Act (NAGPRA). Regulated activities may not result in disturbance or
removal of human remains until disposition of the remains has been determined by the appropriate authority under
these laws, and the work is authorized by the Corps. Regulated activities which result in an inadvertent discovery of
human remains must stop immediately, and the Corps, as well as the appropriate state and tribal authority, must be
notified. Regulated work at inadvertent discovery sites requires compliance with state law and NAGPRA, as
appropriate, prior to restarting work.
Federally Authorized Corps Civil Works projects: A permittee is not authorized to begin any regulated activities
described in this RGP if activities will alter or temporarily or permanently occupy or use a Corps federally authorized
civil works project, unless the appropriate Corps office issues Section 408 permission to alter, occupy, or use the
Corps civil works project (pursuant to 33 U.S.C. 408), and the Corps issues written a Wildlife Ponds RGP verification.
Examples of federal projects include but are not limited to works that were built by the Corps and are locally
maintained (such as local flood control projects) or operated and maintained by the Corps (such as locks and dams).
Dam Safety: Permittees are not authorized to begin regulated activities unless they are able to demonstrate that the
structures, when appropriate, comply with applicable state dam safety criteria or have been designed by qualified
persons. The Corps may require documentation that the design has been independently reviewed by similarly
qualified persons, and appropriate modifications are made to ensure safety.
Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act).
Restoration of Temporary Impacts: All temporary impacts in waters of the US, including discharges resulting from side
casting material excavated from trenching, that occur as a result of the regulated activity must be fully contained with
appropriate erosion control or containment methods, be restored to preconstruction contours and elevations, and
revegetated with native, noninvasive vegetation. A project proponent may request, in writing, a waiver from this
condition from the Corps. An acceptable reason for a waiver to this condition may include, but is not limited to, the
Corps allowing natural restoration of the site when the resulting grade and existing seed bank are sufficient for the
site to restore to preconstruction conditions. In temporarily excavated wetlands, the top 6 to 12 inches of the
excavation should normally be backfilled with topsoil originating from the wetland. No temporary excavation area,
including, but not limited to trenches, may be constructed or backfilled in such a manner as to drain waters of the
United States (e.g., backfilling with extensive gravel layers, creating a French drain effect).
Duration of Temporary Impacts: Temporary impacts in waters of the U.S., including wetlands, must be avoided and
limited to the smallest area and the shortest duration required to accomplish the project purpose.
7
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
a. Unless otherwise conditioned in a Corps RGP verification, temporary impacts may not remain in place longer than
90 days between May 15 and November 15. Before those 90 days have elapsed all temporary discharges must be
removed in their entirety.
b. If the temporary impacts would remain in place for longer than 90 days between May 15 and November 15, the
PCN must request a waiver from this condition and specify how long temporary impacts will remain and include a
restoration plan showing how all temporary fills and structures will be removed and the area restored to pre
project conditions. The permittee must remove the temporary impacts in their entirety in accordance with the
activity authorized their permit verification.
15. Best Management Practices (BMPs): To minimize adverse effects from soil loss and sediment transport that may occur
as the result of the authorized work, appropriate BMPs must be implemented and maintained. For authorized work
above an OHWM the BMPs must remain in place until the affected area is stabilized with vegetation or ground cover.
For all authorized work below an OHWM, BMPs are required and must prevent or minimize adverse effects (e.g., total
suspended solids or sedimentation) to the water column outside of the authorized work area. Heavy equipment
working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil
disturbance. All BMPs must be inspected and properly maintained following storm events to ensure they are
operational. All exposed slopes and stream banks must be stabilized within 24 hours after completion of all tributary
crossings.
16. Aquatic Life Movements: No regulated activity may 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, unless the activity's primary purpose is to impound water.
17. Spawning Areas: Activities in spawning areas during spawning seasons must be avoided to the maximum extent
practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering
by substantial sedimentation) of a designated or known spawning area are not authorized.
18. Pollutant or Hazardous Waste Spills: The permittee is responsible for removing pollutants and hazardous materials and
for minimizing any contamination resulting from a spill in accordance with all applicable state, tribal, and federal laws.
In accordance with applicable state, tribal, and federal laws and regulations, if a spill of any potential pollutant or
hazardous waste occurs, it is the responsibility of the permittee to immediately notify the National Response Center
at 18004248802 or www.nrc.uscg.mil AND
IN WISCONSIN: the WI DNR Spills Team at 18009430003; or
IN MINNESOTA: the Minnesota State Duty Officer at 18004220798.
19. Clean Construction Equipment: All construction equipment must be clean prior to entering and before leaving the
work site in order to prevent the spread of invasive species.
20. Fills Within 100Year Floodplains: The regulated activity must comply with applicable FEMAapproved state or local
floodplain management requirements.
21. Access Roads: Access roads must be sized appropriately and must be constructed in such a way to minimize adverse
effects on waters of the US and elevations must be as near as practicable to preconstruction contours and
elevations (e.g., at grade corduroy roads or geotextile/gravel roads). All access roads constructed in waters of the
US must be properly bridged or culverted to maintain surface flows.
22. Section 401 Clean Water Act Water Quality Certification: forthcoming
23. Transfer of Regional General Permit Verifications: If the permittee sells the property associated with a regional
general permit verification, the permittee may transfer the regional general permit verification to the new owner
by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the regional general
permit 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 regional general permit are still in existence at the time
the property is transferred, the terms and conditions of this regional general permit, including any special
conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this regional
general permit and the associated liabilities associated with compliance with its terms and conditions, have the
transferee sign and date below."
8
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
___________________________________
(Transferee)
___________________________________
(Date)
I. DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse
environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non
structural.
Compensatory mitigation: The restoration (reestablishment or rehabilitation), establishment (creation), enhancement,
and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been achieved.
Direct effects: Effects that are caused by the activity and occur at the same time and place.
Discharge: The term discharge of dredged material is defined at 33 CFR 323.2(d) and the term discharge of fill material is
defined at 33 CFR 323.2(f).
Historic property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object
included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior.
This term includes artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe and that meet the National Register
criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete nonlinear project in the Corps Regulatory
Program. A project is considered to have independent utility if it would be constructed absent the construction of other
projects in the project area. Portions of a multiphase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still
reasonably foreseeable.
Navigable waters: Waters subject to Section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR
part 329.
Ordinary high water mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and
indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding
areas.
Overall project: The aggregate of all single and complete projects related to the same purpose, including both linear and
nonlinear activities with regulated losses and temporary impacts to waters of the US.
Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in
light of overall project purposes.
Preconstruction notification (PCN): A request submitted by the project proponent to the Corps for confirmation that a
particular activity is verified by a general permit. The request may be a permit application, letter, or similar document that
includes information about the proposed work and its anticipated environmental effects. PCNmay be required by the
terms and conditions of this regional general permit. A PCN may be voluntarily submitted in cases where PCN is not
required and the project proponent wants verification that the activity is authorized by general permit.
Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural
importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes,
judicial decisions, or executive orders, including tribal trust resources.
9
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or
services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at
separate and distant locations. The term "single and complete project" is defined as that portion of the overall linear
project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that
includes all crossings of a single water of the US (i.e., a single waterbody) at a specific location. For linear projects crossing
a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and
complete project for purposes of this general permit authorization. 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. The definition of "single and complete linear project" does not include the
term "independent utility" because each crossing of waters of the US is needed for the single and complete linear project
to fulfill its purpose of transporting people, goods, and services from the point of origin to the terminal point.
Single and complete nonlinear project: For nonlinear projects, the term "single and complete project" is defined at 33
CFR 330.2(i) as the overall project proposed or accomplished by one owner/developer or partnership or other association
of owners/developers. A single and complete nonlinear project must have independent utility. Single and complete non
linear projects may not be "piecemealed" to avoid the limits in an RGP authorization. A project is considered to have
independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a
multiphase project that depend upon other phases of the project do not have independent utility. Phases of a project
that would be constructed even if the other phases were not built can be considered as separate single and complete
projects with independent utility.
Tribal lands: Any lands which are either: 1) held in trust by the United States for the benefit of any Indian tribe or
individual; or 2) held by any Indian tribe or individual subject to restrictions by the United States against alienation.
Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished
aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable
remedies.
Tributary: For purposes of this RGP, a water that contributes flow, either directly or through another water to a
traditionally navigable water or interstate water (including wetlands) and that is characterized by the presence of the
physical indicators of bed and banks and ordinary high water mark. A tributary can be a natural, manaltered, or man
made water and includes waters such as rivers, streams, canals, and ditches.
Waiver: An approval from the Corps which allows an applicant to exceed the activity restrictions or conditions described
in an RGP. Waivers may only be considered when expressly indicated as available in an RGP and will only be granted once
the Corps has made a written determination that the RGP activity will result in only minimal individual and cumulative
adverse environmental effects. When a waiver is required, an applicant cannot start work until they have received a RGP
verification letter with waiver approval.
Waterbody: For purposes of this RGP, a waterbody is a jurisdictional water of the US. Examples of "waterbodies" include
streams, rivers, lakes, ponds, and wetlands.
J. FURTHER INFORMATION
1. Congressional authorities: The permittee has been authorized to undertake the activity described above pursuant to
Section 404 of the Clean Water Act (33 U.S.C 1344).
2. The Corps retains discretionary authority to require an individual permit for any activity eligible for authorization by a
RGP based on concern for the aquatic environment or for any other factor of the public interest.
3. Limits of this authorization:
a. This RGP does not obviate the need to obtain other federal, state, or local authorizations required by law;
b. This RGP does not grant any property rights or exclusive privileges;
c. This RGP does not authorize any injury to the property or rights of others; and
d. This RGP does not authorize interference with any existing or proposed federal project.
10
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
4. Limits of 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 United States 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; or
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
5. Reliance on permittee's data: The determination of this office that an activity is not contrary to the public interest will
be made in reliance on the information provided by the project proponent.
6. Reevaluation of decision: This office may reevaluate its decision for an individual verification under this general
permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not
limited to, the following:
a. The permittee fails to comply with the terms and conditions of this permit;
b. The information provided by the permittee in support of the preconstruction notification proves to have been
false, incomplete, or inaccurate (See 5 above); or
c. Significant new information surfaces which this office did not consider in reaching the original decision. Such a
reevaluation may result in a determination that it is appropriate to use the suspension, modification, and
revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR
326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order
requiring the permittee to comply with the terms and conditions of their permit and for the initiation of legal
action where appropriate. The permittee will be required to pay for any corrective measures ordered by this
office, and if the permittee fails to comply with such directive, this office may in certain situations (such as those
specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill the permittee
for the cost.
7. This office may also reevaluate its decision to issue this Wildlife Ponds RGP at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, significant new information surfaces
which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a
determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33
CFR 325.
K. CORPS DECISION
In reviewing the PCN for the proposed activity, the Corps will determine whether the activity authorized by the RGP will
result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specific RGP, the Corps should issue the RGP verification for
that activity if it meets the terms and conditions of that RGP, unless the Corps determines, after considering mitigation,
that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic
environment and other aspects of the public interest and exercises discretionary authority to require an individual permit
for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of
waters of the US to determine whether they individually satisfy the terms and conditions of the RGPs, as well as the
cumulative effects caused by all of the crossings authorized by RGP.
If an applicant requests a waiver for any limit where waivers are indicated as available, the Corps will only grant the waiver
upon a written determination that the RGP activity will result in only minimal individual and cumulative adverse
environmental effects.
11
St. Paul District Corps of Engineers, Regulatory Branch
Wildlife Ponds Regional General Permit
When making minimal adverse environmental effects determinations the Corps will consider the direct and indirect
effects caused by the RGP activity. The Corps will also consider the cumulative adverse environmental effects caused by
activities authorized by the RGP and whether those cumulative adverse environmental effects are no more than minimal.
The Corps will consider site specific factors, such as the environmental setting in the vicinity of the RGP activity, the type
of resource that will be affected by the RGP activity, the functions provided by the aquatic resources that will be affected
by the RGP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that
aquatic resource functions will be lost as a result of the RGP activity (e.g., partial or complete loss), the duration of the
adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g.,
watershed or ecoregion), and mitigation required by the Corps. The Corps may add casespecific special conditions to the
RGP authorization to address sitespecific environmental concerns.
The Corps will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in
the proposal to inform decisions regarding whether the net adverse environmental effects of the proposed activity are no
more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the Corps determines
that the activity complies with the terms and conditions of the RGP and that the adverse environmental effects are no
more than minimal, after considering mitigation, the Corps will notify the permittee and include any activity specific
conditions in the RGP verification the Corps deems necessary. Conditions for compensatory mitigation requirements must
comply with the appropriate provisions at 33 CFR 332.3(k). When compensatory mitigation is required, the Corps must
approve the final mitigation plan before the permittee commences work in waters of the US, unless the Corps determines
that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation. If the Corps determines that the adverse environmental effects of the proposed
activity are more than minimal, then the Corps will notify the applicant of next steps as described in 33 CFR 325.
12