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Charleston District, USACE

Charleston District, USACE

2012 APPROVED NATIONWIDE PERMIT REGIONAL CONDITIONS FOR SOUTH CAROLINA, REVISED The following Regional Conditions have been proposed by the Charleston District for the nationwide permits (NWP) published in the February 21, 2012, Federal Register as authorized under General Condition # 26. Regional conditions are authorized to modify NWP's by adding conditions on a generic basis applicable to certain activities or specific geographic areas. Certain terminologies used in the following conditions are identified in italics and are defined in the above referenced Federal Register under Definitions. For All Nationwide Permits: 1. The applicant must implement best management practices during and after all construction to minimize erosion and migration of sediments off site. These practices may include use of devices capable of preventing erosion and migration of sediments in waters of the U.S., including wetlands. These devices must be maintained in a functioning capacity until the area is permanently stabilized. All disturbed land surfaces must be stabilized upon project completion. 2. All wetland and stream crossings must be stabilized immediately following completion of construction/installation and must be aligned and designed to minimize the loss of waters of the U.S. 3. Necessary measures must be taken to prevent oil, tar, trash, debris and other pollutants from entering the adjacent waters or wetlands. 4. Any excess excavated materials not utilized as authorized back fill must be placed and contained on high land and permanently stabilized to prevent erosion into waters of the U.S., including wetlands. 5. Placement and/or stockpiling (double handling) of excavated material in waters of the U.S, including wetlands, is prohibited unless specifically authorized by the nationwide permit verification. Should double handling be authorized, the material must be placed in a manner that does not impede circulation of water and will not be dispersed by currents or other erosive forces. 6.

Once project construction is initiated, it must be carried to completion in an expeditious manner in order to minimize the period of disturbance to aquatic resources and the surrounding environment.

7. The permittee must notify the Corps of Engineers, Charleston District in the event archaeological or paleontological remains are found during the course of work. Archaeological remains consist of any materials made or altered by man, which remain from past historic or prehistoric times (i.e., older than 50 years). Examples include old pottery fragments, metal, wood, arrowheads, stone implements or tools, human burials, historic docks, structures, or non-recent (i.e., older than 100 years) vessel ruins.

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2012 APPROVED NATIONWIDE PERMIT REGIONAL CONDITIONS FOR SOUTH CAROLINA, REVISED Paleontological remains consist of old animal remains, original or fossilized, such as teeth, tusks, bone, or entire skeletons. 8. Use of nationwide permits does not obviate requirements to obtain other Federal, State, county, or local government authorizations. 9. With the exception of NWP 38, no NWP is authorized in areas of known or suspected sediment contamination.

FOR SPECIFIC NATIONWIDE PERMITS: 10. For NWP's 12, 14, 18, 27, 29, 38, 39, 40, 42, 43, 44, 51 and 52, a discharge cannot cause the loss of greater than 300 linear feet of streambed. 11. For NWP's 1, 3, 5, 7, 8, 10, 11, 12, 13, 14, 15, 36, 51, and 52, a notification must be submitted for any activity that would be located adjacent to an authorized Federal Navigation project. These Federal navigation areas include Adams Creek, Atlantic Intracoastal Waterway (AIWW), Ashley River, Brookgreen Garden Canal, Calabash Creek Charleston Harbor (including the Cooper River and Town Creek), Folly River, Georgetown Harbor (Winyah Bay, Sampit River, and Bypass Canal), Jeremy Creek, Little River Inlet, Murrells Inlet (Main Creek), Port Royal Harbor, Savannah River, Shem Creek (including Hog Island Channel & Mount Pleasant Channel), Shipyard Creek, Village Creek and the Wando River. 12. For NWP 3, paragraph (a) and (c) activities, the prospective permittee must notify the District Engineer in accordance with General Condition 31, if the proposed discharge of dredged or fill material will cause the loss of greater than 1/10-acre of waters of the U.S. or if the proposed discharge will be located within a special aquatic site, including wetlands and riffle pool complexes. 13. For NWP 3, paragraph (b) activities, excavation of accumulated sediment or other material is not authorized in areas adjacent to existing private or commercial dock facilities, piers, canals dug for boating access, marinas, or boat slips. 14. For NWP's 7 and 12, the associated intake structure must be screened to prevent entrainment of juvenile and larval organisms and the inflow velocity of the associated intake structures must be limited to < 0.5 ft/sec. 15. Activities authorized by NWP 7 must occur in the immediate vicinity of the outfall, and must be necessary for the overall construction or operation of the outfall (e.g. pump equipment, rip-rap). NWP 7 shall not be used to authorize ancillary activities such as construction of access roads, installation of utility lines leading to or from the outfall or intake structures, construction of buildings, distant activities, etc. 2

2012 APPROVED NATIONWIDE PERMIT REGIONAL CONDITIONS FOR SOUTH CAROLINA, REVISED 16. NWP's 12, 14, 29, 39, 43, 51 and 52 will not be used in conjunction with one another for an activity that is considered a single and complete project. 17. For NWPs 12, 14, and 18, the prospective permittee must submit a pre-construction

notification (PCN) to the District Engineer in accordance with General Condition 31, prior to commencing the activity if the proposed discharge will impact more than 25 linear feet of streambed. This notification requirement is in addition to the notification criteria listed for these NWPs. 18. For NWP 12, excavated material shall be returned to the trench and any remaining material shall be relocated and retained on an upland disposal site. Substrate containing roots, rhizomes, seeds, etc., must be kept viable and replaced at the surface of the excavated site. Impacted wetlands will be replanted with native wetland species or allowed to naturally revegetate from the replaced substrate, as long as the resulting vegetation is native. 19. For NWP 12, stream banks that are cleared of vegetation will be stabilized using bioengineering techniques and/ or the planting of deep-rooted native species. 20. For NWP 12, construction techniques to prevent draining, such as anti-seep collars, will be required for utility lines buried in waters of the U.S. when necessary. If no construction techniques to prevent draining are proposed, the applicant must provide appropriate documentation that such techniques are not required to prevent drainage of waters of the U.S. 21. For NWP 12, the prospective permittee must submit a pre-construction notification (PCN) to the District Engineer in accordance with General Condition 31, prior to commencing the activity if the activity will involve temporary structures, fills, and/or work. To be complete, the PCN must also include the specifications of how pre-construction contours will be reestablished and verified after construction. This notification requirement is in addition to the notification criteria listed for this NWP. 22. For NWP 12, the prospective permittee must submit a pre-construction notification (PCN) to the District Engineer in accordance with General Condition 31, prior to commencing the activity if the activity will involve maintained utility crossings. To be complete, the PCN must also include a justification for the required width of the maintained crossing that impacts waters of the U.S. This notification requirement is in addition to the notification criteria listed for this NWP. 23. For NWP 12, the prospective permittee must submit a pre-construction notification (PCN) to the District Engineer in accordance with General Condition 31, prior to commencing the activity if the activity will involve the construction of a sub-station in waters of the U.S. To be complete, the PCN must also include a statement of avoidance and minimization for the

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2012 APPROVED NATIONWIDE PERMIT REGIONAL CONDITIONS FOR SOUTH CAROLINA, REVISED loss of waters of the U.S. impacted by the utility line sub-station. This notification requirement is in addition to the notification criteria listed for this NWP. 24. For NWP 12, the prospective permittee must submit a pre-construction notification (PCN) to the District Engineer in accordance with General Condition 31, prior to commencing the activity if the activity will involve the permanent conversion of forested wetlands to herbaceous wetlands. To be complete, the PCN must also include the acreage of conversion impacts of waters of the U.S. and a compensatory mitigation proposal or a statement of why compensatory mitigation should not be required. This notification requirement is in addition to the notification criteria listed for this NWP. 25. For NWP's, 14, 29, 39, 46, 51 and 52, all notifications must include appropriately sized and positioned culverts that meet the requirements of General Conditions 2, 9 and 10 for each individual crossing of waters of the U.S. 26. For NWP's 14, 29, 39, 51 and 52, each individual stream crossing is required to accommodate bankfull* flows by maintaining the existing bankfull channel cross sectional area. Flows that exceed bankfull flow must be accommodated by placement of additional culverts above the bankfull elevation. 27. Notifications for aquatic habitat restoration, establishment, and enhancement activities authorized by NWP 27 will require coordination with appropriate Federal, State, and local agencies. The coordination activity will be conducted by the Corps of Engineers. Agencies will generally be granted 15 days to review and provide comments unless the District Engineer determines that an extension of the coordination period is reasonable and prudent. 28. For NWP 29, the loss of waters of the U.S. is limited to a maximum of ¼-acre for a single family residence. 29. For NWP 36, the width of the boat ramp will be limited to 16 feet and only one boat ramp may be constructed on a single lot or tract of land (e.g. each lot within a subdivision). NWP 36 may be used to authorize the construction of all boat ramps. 30. For NWP 38, notifications require the following information: · documentation that the specific activities are required to effect the containment, stabilization, or removal of hazardous or toxic waste materials as performed, ordered, or sponsored by a government agency with established legal or regulatory authority; · a narrative description indicating the size and location of the areas to be restored, the work involved and a description of the anticipated results from the restoration; · a plan for the monitoring, operation, or maintenance of the restored area. 31. For NWP's 29 and 39, the discharges of dredged or fill material for the construction of stormwater management facilities in perennial streams are not authorized.

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2012 APPROVED NATIONWIDE PERMIT REGIONAL CONDITIONS FOR SOUTH CAROLINA, REVISED 32. For NWP 41, notification must be submitted for projects that require mechanized land clearing in waters of the U.S., including wetlands, in order to access or perform reshaping activities. 33. NWP 41 is prohibited in channelized streams or stream relocation projects that exhibit natural stream characteristics and/or perform natural stream functions. 34. For NWP 48, a copy of the lease or permit issued by an appropriate state or local government agency, a treaty, or a legal contractual document establishing a valid property interest, must be provided with the pre-construction notification (PCN) for commercial shellfish aquaculture activities that occur in a new project area. This is in addition to the information specifically required for this NWP as well as the required information found in General Condition 31. **35. For NWP's 3, 11, 12, 13, 14, 15, 20, 22, and 33, temporary structures, fills, and/or work are only authorized for a period of 90 days. Upon written request by the permittee and a complete PCN, the District Engineer may extend the 90-day period to no more than a total of 180 days, where appropriate. NOTE: All temporary structures, fills, and/or work that exceed 180 days will require Individual Permit authorization from the Corps prior to construction.

*Bankfull corresponds to the discharge at which channel-forming processes, such as forming or removing bars or meanders, is most effective. It is typically associated with the 1.5-year storm event, the "ordinary high water mark", and the elevation on the stream bank where flooding begins in a stable stream system. It can often be identified in the field by the elevation of the highest depositional feature (e.g. point bars), a recognizable floodplain, or a break in perennial vegetation. **Regional Condition #35 was approved to be added on January 17, 2014.

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PUBLIC NOTICE ANNOUNCING APPROVED NEW 2012 NATIONWIDE PERMIT REGIONAL CONDITION FOR SOUTH CAROLINA March 10, 2014 On February 21, 2012, the U.S. Army Corps of Engineers (Corps) published the notice in the Federal Register announcing the reissuance of all existing nationwide permits (NWPs), general conditions, and definitions with some modifications. The Corps also issued two new NWPs, three new general conditions, and three new definitions. The NWPs went into effect on March 19, 2012, and will expire on March 18, 2017. Division engineers are authorized to add regional conditions specific to the needs and/or requirements of a particular region or state. Regional conditions are important mechanisms to ensure that impacts to the aquatic environment authorized by the NWPs are minimal, both individually and cumulatively. Division engineers may also suspend or revoke specific NWPs in certain geographic areas (e.g., states or watersheds) or high-value aquatic systems where impacts authorized by those NWPs may be more than minimal. The Charleston District's regional conditions for the 2012 Nationwide Permits were previously approved by the South Atlantic Division Commander on March 30, 2012. The Charleston District's proposal to add a new regional condition to the 2012 Nationwide Permits was noticed on March 7, 2013. The new regional condition, condition #35, was approved by the South Atlantic Division Commander on January 17, 2014, and reads as follows:

For NWP's 3, 11, 12, 13, 14, 15, 20, 22, and 33, temporary structures, fills, and/or work are only authorized for a period of 90 days. Upon written request by the permittee and a complete PCN, the District Engineer may extend the 90-day period to no more than a total of 180 days, where appropriate. NOTE: All temporary structures, fills, and/or work that exceed 180 days will require Individual Permit authorization from the Corps prior to construction. Enclosed with today's public notice are the 2012 Approved Nationwide Permit Regional Conditions for South Carolina, Revised. These regional conditions are effective immediately and are applicable throughout the entire Charleston District, which includes the State of South Carolina. Nationwide Permit information, including the General Conditions, Regional Conditions, and Checklists are available on the Charleston District website at http://www.sac.usace.army.mil/Missions/Regulatory/PermittingProcess

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