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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.
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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