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SPECIAL PUBLIC NOTICE

SPECIAL PUBLIC NOTICE TIME EXTENSION OF THE GENERAL PERMIT NOD-19 FOR PUBLIC BOAT LAUNCH FACILITIES

DEPARTMENT OF THE ARMY NEW ORLEANS DISTRICT, CORPS OF ENGINEERS P.O. BOX 60267 NEW ORLEANS, LOUISIANA 70160-0267

REPLY TO ATTENTION OF

August 18, 2014

Operations Division Regulatory Branch SUBJECT: (General Permit) NOD-19 SPECIAL PUBLIC NOTICE TIME EXTENSION OF THE GENERAL PERMIT FOR PUBLIC BOAT LAUNCH FACILITIES Interested parties are hereby notified that (General Permit) NOD-19, originally issued by this office on September 24, 1982, to authorize the installation and maintenance of public boat launch ramps and associated vehicle and boat trailer parking within the boundaries of the New Orleans District, is being extended until August 31, 2019. The proposed time extension was advertised for public comment on February 24, 2014. All available information was considered in determining that the public interest would best be served by this time extension. It is particularly noted that no significant adverse effects were noted or reported to us during the time the permit was previously in force. The following condition is made part of the (General Permit) NOD-19: The permittee shall coordinate with the Louisiana Department of Natural Resources (LDNR)/ Office of Coastal Management to insure that any type of public launch facilities are consistent with the guidelines of the Louisiana Clean Marina Program. For information regarding the Louisiana Clean Marina Program, please contact Jon Truxillo of LDNR at (225) 342-3394. The LDNR homepage for the program can be found at: http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=124. Although the general permit is being extended, persons who become aware of problems or adverse impacts are requested to notify the Regulatory Branch of this District at the above address. This general permit will be suspended, revoked, or modified if it is shown to be in the public interest to take such action. A copy of the general permit is enclosed. Additional copies are available upon written request to the Regulatory Branch of this District at the above address.

Martin S. Mayer Chief, Regulatory Branch

DEPARTMENT OF THE ARMY NEW ORLEANS DISTRICT, CORPS OF ENGINEERS P.O. BOX 60267 NEW ORLEANS, LOUISIANA 70160-0267

REPLY TO ATTENTION OF

August 18, 2014

Operations Division Regulatory Branch SUBJECT: (General Permit) NOD-19 GENERAL PERMIT TIME EXTENSION OF THE GENERAL PERMIT FOR PUBLIC BOAT LAUNCH FACILITIES ORIGINAL EFFECTIVE DATE: 24 September 1982 EXPIRATION DATE: 31 August 2019 Under authorization granted by applicable sections of Parts 320 through 332 of Title 33, Code of Federal Regulations, and delegated authority from the Commander, U.S. Army Corps of Engineers, the District Commander at New Orleans has determined that it is not contrary to the public interest to issue a general permit time extension to: Perform work in or affecting navigable waters of the United States, pursuant to Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344). This general authorization for the above cited work is granted subject to the following conditions: a. This general permit is applicable throughout the New Orleans District, except for Orleans Parish, Louisiana. b. This general permit is only applicable for public boat launch facilities applied for by local governing bodies, state, and federal agencies. c. Under this general permit, applicants are allowed to place sand, gravel, riprap, shell, and concrete for boat ramps; dredge as necessary to install the ramps; place dredged material, hauled shell and/or clean fill to construct parking areas; place erosion control structures along the shoreline; and perform minor dredging necessary for installation of the erosion control works. d. Dredge and/or fill material is permitted in wetlands for the parking area provided no more than two (2) acres of wetlands are filled and provided that there are no 2

practical nearby available non-wetland sites. For work within the Louisiana Coastal Zone and the Coastal Wetlands Planning Protection and Restoration Act (CWPPRA) designated Coastal Wetlands Conservation Plan Boundary, the Louisiana Department of Natural Resources, Office of Coastal Management, will require compensatory mitigation for any loss of wetlands. e. Only dredging necessary to allow construction of the boat ramp and erosion protection devices is allowed under this approval. Dredging of an access channel to serve the boat ramps is not authorized under this general permit. f. No fill for parking is allowed channelward of the ordinary high water of mean high water shoreline, whichever is applicable. g. Authority under this general permit does not include approval of access roads to the parking and boat launch facilities. h. No domestic waste handling facilities are allowed at boat ramps unless approved by the appropriate state or local agency responsible for permitting domestic waste treatment facilities. i. No work may be performed within 500 feet of a state scenic stream without the written approval of the Louisiana Department of Wildlife and Fisheries. j. No work may be performed within one mile of a site listed or eligible to be listed on the national Register of Historic Places, or within one-half mile of a known archaeological site, or within one-half mile of any known cultural resource site. k. No work may be performed in the proximity of a public water supply intake. l. No work may be performed within any area leased by the Louisiana Department of Wildlife and Fisheries for harvesting oysters without the specific authorization of the leaseholder. Additionally, no work may be performed in public oyster grounds or seed beds. m. No work may be performed within the boundaries of a national or state wildlife refuge, game management area, or similar area without specific authorization by the manager of the facility or appropriate official at the managing agency. n. No work may be performed within 1,000 feet of a levee or other flood control facility constructed or maintained with federal funds, or owned and operated by agencies of state or local governments without the written consent of the appropriate agency or governing body.

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o. No work may be performed within 500 feet of a weir or other type of water control structure, or in a tidal pass narrower than 30 feet. p. No activity that is within 0.5 mile of a bald eagle's nest is authorized under this general permit. q. No work may be performed within 1,500 feet of any known seabird or wading bird nesting colony. r. Applicants wishing to perform work under authority of this general permit must make written application to the Regulatory Branch of this district office and receive written authorization before commencing work. Written requests must include a map showing the location of the proposed work and sufficient letter-sized drawings to illustrate the work to be done. Additionally, the applicant should include a report on other sites with no or less wetland acreage that were investigated, and why the other proposed sites were not found to be feasible. s. This general permit may be suspended, modified, or revoked by the District Commander any time it is found to be in the public interest to do so. t. The District Commander may choose not to grant approval under this general permit and require the applicant to go through regular permit processing procedures when he finds that such action is in the public interest. u. Public notice will be given any time this permit is modified, revoked, or suspended. v. If cultural artifacts are discovered at a work site, work must be suspended and notification given by the permittee to the State Historic Preservation Officer. Work may not resume until proper provisions are made for study, preservation, or recovery of the artifacts. w. Applicable provisions of the regular Department of the Army permit (ENG 1721) are made part of this general permit. A copy of the form is attached. x. The character of the work authorized by this general permit is illustrated on the attached drawing of a typical installation. y. Additional conditions may be added to this permit any time it is found to be in the public interest to do so. z. No work may be performed within an area where mitigation has been implemented as a requirement of a permit action. 4

aa. The applicant agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish, wildlife, special aquatic sites (including wetlands), and natural environmental values. bb. The applicant shall permit the District Commander or his authorized representative(s) or designee(s) to make periodic inspections of the project site(s) and disposal site(s) at any time deemed necessary in order to assure that the activity being performed under authority of this general permit is in accordance with the terms and conditions prescribed herein. cc. The authorization to perform work under this general permit does not convey any property rights, either in real estate of material, or any exclusive privileges; and it does not authorize any injury to property, invasion of rights, or any infringement of federal, state, or local laws or regulations, nor does it obviate the requirement to obtain a coastal use permit from the Louisiana Department of Natural Resources, Office of Coastal Management, or other state or local assent required by law for the activity authorized herein. For work within the Louisiana Coastal Zone and the Coastal Wetlands Planning Protection and Restoration Act (CWPPRA) designated Coastal Wetlands Conservation Plan Boundary, the Louisiana Department of Natural Resources, Office of Coastal Management, will require compensatory mitigation for any loss of wetlands. dd. There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. The applicant will, at his or her expense, install and maintain any safety lights, signals, and signs prescribed by the United States Coast Guard, through regulations or otherwise, on authorized structures or facilities or on equipment used in performing work under the authorization. ee. Wetlands that are not part of the project site, but that are disturbed during construction, including the temporary crossing of wetland areas, will be restored to their preproject elevations and conditions coincidental to completion of the proposed project. ff. When work is done by heavy equipment or heavy materials are temporarily stored in wetland areas, mats will be utilized and activities confined to matted areas. When work is complete, the mats will be removed and the site restored to preproject conditions as needed. gg. The applicant agrees to prosecute the construction of work authorized by this general permit in a manner so as to minimize any degradation of water quality. hh. Any modification, suspension, or revocation of this general permit shall not be the basis for any claim for damages against the United States. 5

ii. The applicant assures that any dredged and/or fill material will be, to the best of the applicant's knowledge, free of contaminants. jj. No activity that is likely to adversely affect federally listed threatened or endangered species, or a species proposed for such designation, or that is likely to destroy or adversely modify the critical habitat of such species, is authorized under this general permit. kk. Individual approvals granted under this general permit allow 5 years from the date of the approval to complete the project. ll. This District office may require compensatory mitigation for loss of wetlands, as appropriate, on a case-by-case basis. mm. The permittee shall coordinate with the Louisiana Department of Natural Resources (LDNR) / Office of Coastal Management to insure that any type of public launch facilities are consistent with the guidelines of the Louisiana Clean Marina Program. For information regarding the Louisiana Clean Marina Program, please contact Jon Truxillo of LDNR at (225) 342-3394. The LDNR homepage for the program can be found at: http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=124. Procedures to be followed in administering this general permit are as follows: a. Initial contact may be made in person or by telephone. Persons to be contacted and their telephone numbers are: (1) Mr. Darrell S. Barbara Chief, Western Evaluation Section (504) 862-2261 (2) Mr. John M. Herman Chief, Central Evaluation Section (504) 862-1581 (3) Mr. Michael V. Farabee Chief, Eastern Evaluation Section (504) 862-2292 b. If authorization to proceed is granted at the initial contact, the permittee must supply written documentation of the work to be done within one (1) working day of the

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approval being granted, including necessary maps, drawings, sketches, and information on alternative sites that were considered. c. Permittee will supply all other information necessary to establish a complete file. d. Written approval will be granted after all necessary information has been provided. BY AUTHORITY OF THE SECRETARY OF THE ARMY:

Martin S. Mayer Chief, Regulatory Branch for Richard L. Hansen Colonel, U.S. Army District Commander Enclosures 1. Dwgs (2 sheets) 2. ENG Form 1721

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