You can copy from here when filling out the rest of the page.
PUBLIC NOTICE: This public notice announces the St. Paul District Corps of Engineers Regulatory Branch (Corps) issuance of GP-002-WI, the last iteration of which expired on May 31, 2016. The GP-002-WI is valid in the State of Wisconsin, except within the exterior boundaries of Indian Reservations.
PROJECT DESCRIPTION AND PURPOSE: This public notice announces the St. Paul District Corps of Engineers Regulatory Branch (Corps)issuance of GP-002-WI, the last iteration of which expired on May 31, 2016. The GP-002-WI is validin the State of Wisconsin, except within the exterior boundaries of Indian Reservations.
US Army Corps
of Engineers
St Paul District
ISSUANCE OF
REGIONAL GENERAL
PERMIT GP-002-WI
(MVP-2016-00163-RMG)
Public Notice
ISSUED: 15 July 2016
EXPIRES: 14 July 2021
Section: 404 Clean Water Act
1. FINAL ACTION:
This public notice announces the St. Paul District Corps of Engineers Regulatory Branch (Corps)
issuance of GP-002-WI, the last iteration of which expired on May 31, 2016. The GP-002-WI is valid
in the State of Wisconsin, except within the exterior boundaries of Indian Reservations.
The following represent the four notable changes compared to the previous version of GP-002-WI:
a. The time limit to complete authorized work was modified to allow authorized projects which
have commenced work, or would be under contract to commence work at the time GP-002-WI
expires to remain grandfathered for up to one year.
b. The reporting utility line category (categ01y 2.a.9) was reorganized, and four clarifications were
inserted to address impact thresholds, compensato1y mitigation, the definition of a utility, and
the authorized duration oftempora1y construction matting in WOUS.
c. Additional language has been added to condition 3. b.18 which requires permittees to ensure
that use of matting is appropriately sequenced, and to ensure that matting used will limit spread
of invasive species by requiring all matting be cleaned prior to arrival at a project site.
d. Finally, the Wisconsin Depaiiment of Natural Resources (WDNR) has neither ce1iified nor
denied Section 401 Clean Water Act Water Quality Certification (WQC) for GP-002-WI. GP002-WI has been issued as a provisional GP which will require permittees to obtain individual
WQC from the WDNR.
2. JURISDICTION AND REGULATORY AUTHORITY
All discharges of dredged or fill materials eligible for authorization under GP-002-WI is within waters
of the United States, which includes navigable waters of the U.S., wetlands, and other waters subject to
the regulatory jurisdiction of the Corps pursuant to Section 404 of the Clean Water Act.
3. QUESTIONS AND ADDITIONAL INFORMATION
The final version of GP-002-WI is available on the St. Paul District website at:
http ://www.mvp.usace.army.mil/Missions/Regulat01y.aspx.
Questions regarding GP-002-WI may be addressed to Rebecca Graser in our Brookfield, Wisconsin
office at (651) 290-5728 or via email at rebecca.m.graser@usace.army.mil.
FOR THE DISTRICT COMMANDER:
~·
Chief, Regulat01y Branch
CEMVP-OP-R (2016-00163-RMG)
GENERAL PERMIT GP-002-WI
DEPARTMENT OF THE ARMY PERMIT
Permittee:
The General Public in Wisconsin
Permit No.
GP-002-WI
Issuing Office:
St. Paul District, United States Army Corps of Engineers
Issuance Date:
July 15, 2016
Expiration Date:
July 14, 2021
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future
transferee. The term "this office" refers to the St. Paul District of the Corps of Engineers or the appropriate
official of that office acting under the authority of the commanding officer.
GENERAL PERMIT AUTHORIZATIONS: The general public in the state of Wisconsin is authorized to
perform work in accordance with the terms and conditions of the general permits (GPs) specified below, after
satisfying all applicable permit terms and conditions.
IMPORTANT: GP-002-WI authorizations are subject to all applicable terms and conditions specified in
this permit. In addition, reporting GP authorizations may be subject to project-specific special conditions
that will be listed in the St. Paul District's verification letter. Refer to the appropriate sections of this permit
for a description of GP eligible activities, conditions, exclusions and application instructions.
PROJECT DESCRIPTION AND LOCATION: GP-002-WI applies to certain discharges of dredged
and/or fill material into waters of the United States, including wetlands, as described herein, in the state of
Wisconsin except within the exterior boundaries of Indian Reservations.
Department of the Army General Conditions (applicable to all GP-002-WI authorizations):
1. GP-002-WI expires on July 14, 2021. Unless activities authorized under the GP-002-WI issued on July
15, 2016, have commenced construction or are under contract to commence construction by July 14, 2021,
the time limit for completing work ends upon the expiration date of GP-002-WI. Activities authorized under
GP-002-WI which have commenced construction or are under contract to commence construction by July 14,
2021, will have until July 13, 2022, to complete their activities under the terms and conditions of GP-002WI. If you find that you require additional time to complete authorized activities, submit your time extension
request to this office for consideration at least three months before the expiration date is reached.
2. You must maintain the activity authorized by GP-002-WI in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted
activity. Should you wish to cease to maintain an activity authorized by the reporting GP, or abandon it
without a good faith transfer; you must obtain a modification of the Corps authorization, which may require
restoration of the area. If you wish to transfer responsibility for project completion or maintenance, please
contact this office so we may provide you with the necessary documentation to transfer the authorization.
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GENERAL PERMIT GP-002-WI
3. If you discover any previously unknown historic or archaeological remains while accomplishing any
activity authorized by GP-002-WI, you must immediately stop work and notify the Corps. The St. Paul
District will initiate the federal and state coordination required to determine if the remains warrant a recovery
effort or if the site is eligible for listing in the National Register of Historic Places.
4. You must allow representatives from this office to inspect the proposed project site and the authorized
activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with
the terms and conditions of GP-002-WI.
5. If a conditioned water quality certification has been issued for your project by the Wisconsin Department
of Natural Resources (WDNR), you must comply with the conditions specified in the certification as special
conditions to this permit.
6. You must also comply with the other GP-002-WI terms and conditions specified below as well as any
project specific conditions imposed by the St. Paul District.
Further Information:
1. Congressional Authorities: Authorization to undertake the activities described above is pursuant to
Section 404 of the Clean Water Act (33 U.S.C. 1344). Work that also requires authorization under Section
10 of the Rivers and Harbors Act must be authorized separately through other GPs or individual permits.
2. Limits of this Authorization:
a. GP-002-WI does not obviate the need to obtain other federal, state, or local authorizations required by
law.
b. GP-002-WI does not grant any property rights or exclusive privileges.
c. GP-002-WI does not authorize any injury to the property or rights of others.
d. GP-002-WI does not authorize interference with any existing or proposed federal project.
3. Limits of Federal Liability. In authorizing work, the Federal Government does not assume any liability,
including 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.
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e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data. The determination by this office that an activity is not conttary to the
public interest will be made in reliance on the information provided by the applicant.
5. Reevaluation of Decision. This office may reevaluate its decision on an authorization at any time the
circumstances wa11'ant. Circumstances that could require a reevaluation include, but are not limited to, the
following:
a. The applicant fails to comply with the terms and conditions of this general permit.
b. The information provided by the applicant in support of the permit application proves to have been
false, incomplete, or inaccurate (see 4 above). .
c. Significant new information surfaces which this office did not consider in reaching the original public
interest decision.
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 the permit and for the initiation of
legal action where appropriate.
6. This office may also reevaluate its decision to issue GP-002-WI at any time the circumstances warrant.
Circumstances that could require a reevaluation include, but are not limited to, the following: 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 325.7.
This GP-002-Wl becomes effective when the federal official, designated to act for the Secretary of the Army,
has signed below.
Cz=ti~
Chad Konickson
Chief, Regulatory Branch
For:
Samuel L. Calkins
Colonel, Corps of Engineers
District Engineer
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GENERAL PERMIT GP-002-WI
GP-002-WI ACTIVITIES, PROVISIONS, AND CONDITIONS
This describes the Section 404 Clean Water Act (Section 404) general permit authorization procedures
implemented by the St. Paul District Corps of Engineers (Corps) in GP-002-WI.
Persons proposing to do work should note that, in ALL cases, GP-002-WI requires that adverse
impacts on water and wetland resources be avoided and minimized to the maximum extent
practicable. Also, activities that would adversely affect federal endangered plant or animal species or
certain cultural or archaeological resources, or that would impair reserved Native American tribal
rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights, are
not eligible for authorization under GP-002-WI.
1. NON-REPORTING GENERAL PERMIT
The following discharges, for a single and complete project, that comply with all applicable terms and
conditions of GP-002-WI are authorized by this GP. No application or notification to the Corps is
required under this GP. Project proponents may proceed with the described discharges after very
carefully making sure that the work will meet all applicable terms and conditions of GP-002-WI.
Project proponents with non-reporting activities should consult the Wisconsin Department of Natural
Resources (WDNR) and local governments concerning state and local permit requirements.
Note that certain areas and activities are EXCLUDED from this non-reporting GP in section 1.b., below.
a. ACTIVITIES ELIGIBLE FOR AUTHORIZATION BY THE NON-REPORTING GP:
1. Maintenance Activities.
Discharges of dredged or fill material for the repair, rehabilitation, or replacement of any previously
authorized, currently serviceable, structure or fill, or any currently serviceable structure or fill authorized by
33 CFR 330.3, provided that they affect not more than ½ acre of waters of the United States, including
wetlands. The temporary placement of mats in herbaceous wetland communities to minimize soil
disturbance during maintenance activities may be authorized by this category, but does not contribute to the
½ acre threshold above. The structure or fill is not to be put to uses differing from those specified in the
original authorization or most recently authorized modification. Minor deviations are allowed where
necessary to conform to modern construction practices, materials, construction codes, or safety standards.
This GP may be used for the replacement of bridge abutments and culverts, side-slope flattening,
reconditioning of roadbeds. This GP may not be used for the addition of new lanes on roadways. This GP
authorizes the minimal impact repair, rehabilitation, or replacement of any previously authorized, currently
serviceable structure or fill that does not qualify for the Section 404(f) exemption for maintenance.
2. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities.
Section 404 discharges for fish and wildlife harvesting devices and activities such as pound nets,
crayfish/minnow traps, duck blinds, clam digging; and enhancement or attraction devices such as fish cribs,
tree drops, and small fish attraction devices. This GP does not authorize artificial reefs, impoundments, or
semi-impoundments of waters of the United States for the culture or holding of motile species.
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3. Scientific Measurement Devices.
Section 404 discharges for staff gages, tide gages, water recording devices, water quality testing and
improvement devices and similar structures. Small weirs and flumes constructed primarily to record water
quantity and velocity are also authorized. The discharge of fill material into waters of the United States must
be limited to 150 square feet.
4. Survey Activities.
Section 404 discharges for survey activities including core sampling, seismic exploratory operations, and
plugging of seismic shot holes and other exploratory-type bore holes. Drilling and the discharge of
excavated material from test wells for oil and gas exploration is not authorized by this GP; the plugging of
such wells is authorized. Fill placed for roads, pads and other similar activities is not authorized by this GP.
The discharge of drilling mud and cuttings may require a permit under the National Pollutant Discharge
Elimination System Program (Section 402 of the Clean Water Act).
5. Oil Spill/Hazardous Substances Containment/Cleanup.
Activities required for the containment and cleanup of oil and hazardous substances which are subject to the
National Oil and Hazardous Substances Pollution Contingency Plan, (40 CFR Part 300), provided that the
work is done in accordance with the Spill Control and Countermeasure Plan required by 40 CFR 112.3. In
addition, if a Regional Response Team exists in the area, they must concur with the proposed containment
and cleanup action plan to be eligible for this GP. Discharges for such containment and cleanup are
authorized by this GP; however, all appropriate governmental units, as well as the Corps, shall be informed
of any such discharges as soon as practical.
6. Removal of Vessels.
Minor discharges of dredged or fill material required to remove wrecked, abandoned, or disabled vessels, or
remove man-made obstructions to navigation. This GP does not authorize the removal of vessels listed or
determined eligible for listing on the National Register of Historic Places unless the District Engineer
determines that the work would be done in compliance with the "Historic Properties" standard condition (see
Standard Condition: 3.b.11., below). This GP does not authorize maintenance dredging, shoal removal, or
river bank snagging. Vessel disposal in waters of the United States may need a permit from the United
States Environmental Protection Agency (EPA) (see 40 CFR 229.3).
7. Stream and Wetland Restoration Activities.
This GP does not cover any conversion of sedge meadow or forested wetland to other wetland types. This
GP covers Section 404 activities in waters of the United States associated with the restoration and
enhancement (see definitions: 3.a.6 through 3.a.10, below) of degraded wetlands and riparian areas, the
creation of wetlands and riparian areas, and the restoration and enhancement of non-Section 10 streams and
open water areas on:
(a) Non-federal public and private lands, in accordance with the terms and conditions of a binding
wetland enhancement, restoration or creation agreement between the landowner and the United States
Fish and Wildlife Service (USFWS) or the Natural Resources Conservation Service (NRCS); or
(b) Any federal land; or
(c) Any public or private land by a state agency.
This GP cannot be used to authorize activities for the conversion of a natural stream to another aquatic use,
such as the creation of waterfowl impoundments. This GP cannot be used to authorize channelization of a
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stream and does not authorize the conversion of natural wetlands to another aquatic use, such as creation of
waterfowl impoundments where a forested wetland previously existed. However, this GP may be used to
relocate aquatic habitat types on the project site, provided there are net gains in aquatic resource functions,
values, and no net loss of aquatic resource acreage. For example, this GP may authorize the creation of an
open water impoundment in an emergent wetland, provided the emergent wetland is replaced by creating that
wetland type in the adjacent uplands. This category may be used to authorize rock rip rap associated with
stream restoration; however, the rip rap must be the minimum necessary to protect the shoreline.
Reversion: For enhancement, restoration and creation projects conducted pursuant to paragraph (b) and (c)
above, this GP does not authorize any future discharge of dredged or fill material associated with the
reversion of the area to its condition prior to the enhancement, restoration, or creation project. In such cases,
a separate permit would be required at that time for any reversion. For restoration, enhancement and creation
projects conducted as specified in paragraph (a), this GP also authorizes any future discharge of dredged or
fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to
the restoration, enhancement, or creation activities) within five years after expiration of a limited term
wetland restoration or creation agreement (such as Wetland Reserve Program) or permit, even if the
discharge occurs after this authorization expires. The five year reversion limit does not apply to agreements
specified in paragraph (a) that do not include time limits. The prior condition will be documented in the
original agreement or permit, and the determination of return to prior conditions will be made by the federal
agency executing the agreement or permit. Prior to any reversion activity, the permittee or the appropriate
federal agency must notify the District Engineer and include the documentation of the prior condition. Once
an area has reverted back to its prior physical condition, it will be subject to whatever the Corps regulatory
requirements will be at that future date. Because projects that would be authorized by this permit are
designed to enhance the aquatic environment, mitigation will not be required for the work.
8. Moist Soil Management for Wildlife Maintenance Activities.
Discharges of dredged or fill material for maintenance activities associated with existing moist soil
management infrastructure for wildlife performed on non-tidal federal, tribal or state owned or managed
properties, for the purpose of continuing ongoing, site-specific, wildlife management activities where soil
manipulation is used to manage habitat and feeding areas for wildlife. Such activities include, but are not
limited to: the repair, maintenance or replacement of existing water control structures; the repair or
maintenance of dikes; and plowing or disking to impede succession, prepare seed beds, or establish fire
breaks. Sufficient vegetated buffers must be maintained adjacent to all open waterbodies, streams, etc., to
preclude water quality degradation due to erosion and sedimentation. This GP does not authorize the
construction of new dikes, roads, water control structures, etc. associated with the management areas. This
GP does not authorize converting wetlands to uplands, impoundments or other open waterbodies.
9. Emergency Watershed Protection - Rehabilitation.
Work done or funded by the NRCS qualifying as an "exigency" situation (requiring immediate action) under
its Emergency Watershed Protection Program (7 CFR Part 624) and work done or funded by the Forest
Service under its Burned-Area Emergency Rehabilitation Handbook (FSH 509.13).
10. Outfall Structures.
Activities related to construction of outfall structures and associated intake structures where the effluent
from the outfall is authorized, conditionally authorized, or specifically exempted, or which are otherwise in
compliance with regulations issued under the National Pollutant Discharge Elimination System program
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GENERAL PERMIT GP-002-WI
(Section 402 of the Clean Water Act). This GP only authorizes those intake structures that are directly
associated with an authorized outfall structure.
11. Bank Stabilization.
Discharges of dredged or fill material for bank stabilization activities necessary for erosion prevention
provided that no material is placed in wetlands and the bank stabilization activity will not exceed an average
of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark.
(Bank stabilization projects that exceed one cubic yard per running foot or that otherwise do not qualify for
this non-reporting GP may be eligible for authorization under a different GP, a letter of permission or a
standard individual permit). Habitat improvements included as part of a bank stabilization project do not
contribute to the threshold above.
12. Boat Ramps.
Discharges required for the construction of boat ramps provided the discharge into waters of the United
States does not exceed 50 cubic yards of concrete, rock, crushed stone, or gravel into forms, or placement of
pre-cast concrete planks or slabs (unsuitable material that causes unacceptable chemical pollution or is
structurally unstable is not authorized); the boat ramp does not exceed 20 feet in width; the base material is
crushed stone, gravel or other suitable material; the excavation is limited to the area necessary for site
preparation and all excavated materials are removed to the upland; and no material is placed in special
aquatic sites, including wetlands. Dredging to provide access to the boat ramp may be authorized by another
GP, letter of permission, or individual permit pursuant to Section 10 if located in navigable waters of the
United States.
13. Minor Fills.
Discharges of dredged and/or fill material for a single and complete project that would result in filling,
draining (including full or partial diversion of flows), excavating or inundating not more than 400 square
feet of waters of the United States, including wetlands. This authorization may not be used more than once
by a permittee or landowner in a manner that would cumulatively impact more than 400 square feet of
waters of the United States for a single and complete project (see definition of a "single and complete
project" at 3.a.5., below).
b. AREAS/ACTIVITIES EXCLUDED FROM THE NON-REPORTING GP:
1. Diversions of water. This permit may not be used to authorize all or any portion of a project that would
divert more than 10,000 gallons/day of surface water or groundwater into or out of the Great Lakes Basin.
2. In the Pleasant Prairie, Wisconsin, area identified in Corps permit 198700323, only discharges for bank
stabilization, limited to one cubic yard per running foot, are eligible for authorization under this part of GP002-WI.
3. The non-reporting GP does not authorize any activity in:
A. Federal and state Wild and/or Scenic Rivers. All regulated activities in these rivers, including
stream and wetland restoration activities by a government agency, require evaluation under a Corps
reporting general permit, letter of permission, or standard individual permit procedure.
B. Calcareous fens as identified by WDNR, and wetlands within 300 feet of such fens. All regulated
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activities in these areas require evaluation under Corps standard individual permit procedures (except
oil - hazardous material spill confinement and cleanup described at 1.a.5. above).
C. Coastal wetlands in ridge and swale complexes as identified on WDNR maps, and wetlands
adjacent to the Mink River in Door County or the Bad River in Ashland County.
NOTE: Unless otherwise noted, activities excluded above may be eligible for authorization under a reporting
GP, a letter of permission, or a standard individual permit.
c. APPLICATION/EVALUATION PROCEDURES UNDER THE NON-REPORTING GP:
An activity authorized by the non-reporting portion of this GP may commence when project proponents have
carefully confirmed that the activity will be conducted in compliance with all terms and conditions of GP002-WI. No application to the Corps is required; however, if requested, the Corps will confirm whether or
not proposed work is authorized by the non-reporting GP. Persons proposing to do work should note that
conditions of the GP require that adverse impacts on water and wetland resources be avoided and minimized
to the maximum extent practicable. Activities that would adversely affect federal endangered plant or animal
species or certain cultural/archaeological resources are not authorized by this non-reporting general permit.
Information about federal and state endangered species may be obtained by contacting the USFWS at (952)
252-0092 (information on state species may be found by contacting the WDNR at (608) 261-6449). The
Corps website (http://www.mvp.usace.army.mil/Missions/Regulatory.aspx) also contains a link to the
USFWS list of federal and state endangered species for each Wisconsin county. Information concerning
cultural resources may be obtained by contacting the State Historic Preservation Office at (608) 264-6400.
Project proponents are encouraged to contact these agencies early in project planning to help avoid violations
of federal law and potentially lengthy project delays.
2. REPORTING GENERAL PERMIT
The following discharge activities, for a single and complete project, that comply with all terms and
conditions of GP-002-WI are eligible for authorization under the reporting GP. Persons proposing to do
work should note that conditions of GP-002-WI require that adverse impacts on water and wetland
resources be avoided and minimized to the maximum extent practicable.
Note that certain areas and activities are EXCLUDED from this reporting GP as described in section 2.b.,
below.
Applicants for all activities should consult with the WDNR and local governments concerning state and local
permit requirements.
a. ACTIVITIES ELIGIBLE FOR AUTHORIZATION BY THE REPORTING GP:
1. Activities excluded from authorization by the non-reporting GP because they are in a coastal wetland area
described at 1.b.3.C, above. These proposals must also comply with Standard Condition 3.b.27, below.
2. United States Coast Guard (USCG) Approved State or Federally Funded Bridges.
Discharges of dredged or fill material incidental to the construction of bridges across navigable waters of the
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United States, including cofferdams, abutments, foundation seals, piers, and temporary construction and
access fills provided the project has been authorized by the USCG as part of the bridge permit. Causeway
and approach fills are not included.
3. Return Water From Upland Contained Disposal Areas.
Return water from upland, contained dredged material disposal areas. The dredging itself requires a Section
10 permit if located in navigable waters of the United States. The return water from a contained disposal
area is administratively defined as a discharge of dredged material by 33 CFR 323.2(d) even though the
disposal itself occurs on the upland and thus does not require a Section 404 permit. Authorization under this
GP satisfies the technical requirement for a Section 404 permit for the return water where the quality of the
return water is controlled by the state through the Section 401 certification procedures.
4. Hydropower Projects.
Discharges of dredged or fill material associated with (a) small hydropower projects at existing reservoirs
where the project, which includes the discharge of dredged or fill material, is licensed by the Federal Energy
Regulatory Commission (FERC) under the Federal Power Act of 1920, as amended; and has a total
generating capacity of not more than 5000 KW; or (b) hydropower projects for which the FERC has granted
an exemption from licensing pursuant to Section 408 of the Energy Security Act of 1980 (16 U.S.C. 2705
and 2708) and Section 30 of the Federal Power Act, as amended.
5. Cleanup of Hazardous and Toxic Waste.
Discharges of dredged or fill material required to effect the containment, stabilization, or removal of
hazardous or toxic waste materials that are performed, ordered, or sponsored by a government agency with
established legal or regulatory authority. Court ordered remedial action plans or related settlements may also
be authorized by this GP when the Corps determines that it has received appropriate documentation of the
court order or settlement. For discharges in special aquatic sites, including wetlands, the application must
include a delineation of the affected site(s). This GP does not authorize the establishment of new disposal
sites or the expansion of existing sites used for the disposal of hazardous or toxic waste.
6. Completed Enforcement Actions.
Discharges of dredged or fill material in no more than five acres of waters of the United States remaining in
place or undertaken for mitigation, restoration, or environmental benefit in compliance with either:
(a) The terms of a signed written Corps non-judicial settlement agreement resolving a Section 404
violation. The settlement must provide for equal or greater environmental benefit than the
environmental detriments caused by the unauthorized activity to be authorized by this GP;
(b) The terms of a United States Environmental Protection Agency 309(a) order on consent
resolving a Section 404 violation;
(c) The terms of a final federal court decision, consent decree, or settlement agreement resulting from
an enforcement action brought by the United States for violation of Section 404; or
(d) The terms of a final court decision, consent decree, settlement agreement, or non-judicial
settlement agreement resulting from a natural resource damage claim brought by a trustee or trustees
for natural resources (as defined by the National Contingency Plan at 40 CFR subpart G) under
Section 311 of the Clean Water Act, Section 107 of the Comprehensive Environmental Response,
Compensation and Liability Act, Section 1002 of the Oil Pollution Act of 1990, or the Park System
Resource Protection Act at 16 U.S.C. 19jj, to the extent that a Corps permit is required.
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Verification issued by the District Engineer pursuant to categories (a) through (d) above is subject to the
terms and conditions of GP-002-WI, and shall include a specified completion date. Compliance with the
terms of the underlying court decision, consent decree, settlement agreement, non-judicial settlement
agreement, or 309(a) order that pertain to the retention, placement, protection or maintenance of the
discharges authorized by this permit are conditions of this GP. The District Engineer may include additional
conditions not inconsistent with underlying court decision, consent decree, settlement agreement, nonjudicial settlement agreement, or 309(a) order. A violation of this GP occurs if the permittee does not
comply with the terms of this GP or the pertinent terms of the underlying court decision, consent decree,
judicial/non-judicial settlement agreement, or 309(a) order. This GP does not apply to any discharges
occurring after the date of the decision, consent decree, or agreement that are not in compliance with the
underlying order or settlement agreement. For purposes of this authorization, a violation of Section 404
includes both violations of Section 404 and violations of Section 301 of the Clean Water Act involving
discharges regulated under Section 404.
7. Temporary Construction, Access and Dewatering.
Temporary structures and discharges, including cofferdams needed for construction activities or access fills
or dewatering of construction sites; provided the associated permanent activity was previously authorized by
the Corps, or for bridge construction activities not subject to federal regulation. Appropriate measures must
be taken to maintain near-normal downstream flows and to minimize flooding. Fill must consist of
appropriate materials and be placed in a manner that will not be eroded by expected high flows. Temporary
fill must be entirely removed to upland areas following completion of the construction activity and affected
areas restored to the pre-project conditions. Construction mats may be placed in wetland areas for up to two
weeks during the growing season unless otherwise specified in the Corps verification letter. Cofferdams
cannot be used to dewater wetlands or other aquatic areas so as to change their use. The application for this
GP must demonstrate reasonable measures to avoid and minimize impacts to aquatic resources, as well as
include a restoration plan describing how the site will be restored to pre-project conditions. The District
Engineer will add special conditions to verification letters, where necessary, to ensure that adverse
environmental impacts are minimal. Such conditions may include: limiting the temporary work to the
minimum necessary; requiring seasonal restrictions; modifying the restoration plan; and requiring alternative
construction methods. This GP does not authorize temporary structures or fill associated with mining
activities or the construction of marina basins that have not been authorized by the Corps.
8. Structural Discharges.
Discharges of material such as concrete, sand, rock, etc. into tightly sealed forms or cells where the material
will be used as a structural member such as a utility pole, bridge support, ramp surface, or retaining wall.
This activity does not include building foundations or other structures such as pilings intended for use as
building supports.
9. Utility Line Discharges.
Activities required for the construction, expansion, maintenance and repair of utility lines (for this GP, a
"utility line" is defined below) and associated facilities in waters of the United States as follows:
(a) Utility lines: The construction, expansion, maintenance, or repair of utility lines, including outfall
and intake structures and the associated excavation, backfill, or bedding for the utility lines, in all
waters of the United States, provided there is no change in preconstruction contours. Material
resulting from trench excavation may be temporarily side-cast (up to two weeks during the growing
season) into waters of the United States, provided that the material is not placed in such a manner that
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it is dispersed by currents or other forces. In wetlands, the top 6" to 12" of the trench shall be
backfilled with topsoil from the trench. Furthermore, the trench cannot be constructed in such a
manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating
a french drain effect). For example, utility line trenches can be backfilled with clay blocks to ensure
that the trench does not drain the waters of the United States through which the utility line is installed.
Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility
line crossing of each waterbody.
(b) Utility line substations: The construction, maintenance, or expansion of a substation facility
associated with a power line or utility line in waters of the United States.
(c) Foundations for overhead utility line towers, poles, and anchors: The construction or maintenance
of foundations for overhead utility line towers, poles, and anchors in all waters of the United States,
provided the foundations are the minimum size necessary and separate footings for each tower leg
(rather than a larger single pad) are used where feasible.
Loss of waters of the United States associated with activities (a) through (c) above may not exceed
10,000 square feet (see exclusion at 2.b.4 below). The area of waters of the United States filled,
excavated, or flooded must be limited to the minimum necessary. Excess fill material must be
removed to upland areas immediately upon completion of activities authorized. Temporary placement
of construction matting (e.g., timber, steel, geotextile) may also be authorized. Placement of
temporary construction matting shall not result in loss of waters, and does not contribute to the 10,000
square foot threshold above. When matting is proposed to be in place for more than two weeks, the
duration should specified by the applicant and verified in writing by the Corps (refer to Standard
Condition 3.a.9). Mechanized land clearing may also be authorized, provided the cleared area is kept
to the minimum necessary and preconstruction contours are maintained as near as possible. If using
directional-drilling method of utility line installation, the applicant must provide the Corps a detailed
narrative describing water supply intake(s) and recapture and disposal methods for used drilling
fluids. This plan must describe the correctional steps to be taken in the event of a leak, either
through the substrate into the waterbody or waterway, or onto the upland area with possible return to
the waterbody or waterway.
Where certain functions and services of waters of the United States are permanently adversely affected by
new or expanded construction of utility lines, substations, or foundations, such as the conversion of a
forested wetland to an herbaceous wetland, compensatory mitigation may be required to reduce the adverse
effects of the project to the minimal level.
A "utility line" is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or
slurry substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of
electrical energy, internet, telephone, and digital messages, and radio and television communication. The
term "utility line" does not include activities which drain a water of the United States, such as drainage tile,
or french drains; however, it does apply to pipes conveying drainage from another area.
10. Commercial, Residential, Industrial, Agricultural, Recreational and Public Development (including roads
for these purposes).
Discharges of dredged or fill material for a single and complete project (see 3.a.5., below) that directly and/or
indirectly impact by filling, draining, excavating and/or inundating not more than 10,000 square feet of
wetland/water area for commercial, residential, industrial, agricultural, recreational or public development
projects, including associated roads. This reporting GP does NOT include access paths across water or
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wetland areas to provide upland access to a waterbody for any purpose. It is important for applicants for this
GP to include information with their application that clearly shows that an alternatives analysis has been
conducted and the proposed work is the least environmentally damaging practical method of accomplishing
the project purpose. This will minimize delays in federal and state evaluation procedures and increase the
chance that the project will receive prompt and favorable review.
11. Wildlife Ponds.
Discharges of dredged or fill material for the construction of wildlife ponds that impact (see 3.a.1., below)
not more than 1 acre of waters of the United States. The wildlife ponds shall be constructed with irregular
shorelines, shallow sideslopes (e.g., 8-foot H to 1-foot V), and shall not exceed 5-feet of water depth. Excess
fill material not needed for construction of the pond must be removed to an upland location. The primary
purpose of this activity must be wildlife habitat improvement. This GP does not authorize the discharge of
fill material for the construction of wildlife ponds in forested wetlands, sedge meadows or calcareous fens.
12. Aquatic Habitat Restoration, Establishment, and Enhancement Activities.
This GP does not cover conversion of sedge meadow or forested wetland to other wetland types. Activities
in waters of the United States associated with the restoration, enhancement, and creation (see 3.a., below) of
wetlands and riparian areas and the restoration and enhancement of streams and other open waters, provided
the results are a net increase in aquatic resource function and no net loss of waters of the United States.
Activities authorized by this GP may not result in a discharge of dredged or fill material into more than 2
acres of waters of the United States. Activities authorized by this GP include, but are not limited to: the
removal of accumulated sediments; the installation, removal, and maintenance of small water control
structures, dikes, and berms; the installation of current deflectors; the enhancement, restoration, or
establishment of riffle and pool stream structure; the placement of in-stream habitat structures, including
lunkers; modifications of stream bed and/or banks to restore or establish stream meanders; the backfilling of
artificial channels and drainage ditches; the removal of existing drainage structures; the construction of small
nesting islands; the construction of open water areas; activities needed to re-establish vegetation, including
plowing or discing for seed bed preparation and the planting of appropriate wetland species; mechanized
land clearing to remove non-native invasive, exotic, or nuisance vegetation; and related activities.
This GP does not authorize stream channelization. The District Engineer's verification letter may include
project specific conditions limiting the placement of riprap. This GP does not authorize the conversion of a
stream or natural wetlands to another aquatic habitat type (e.g., stream to wetland or vice versa) or uplands.
This GP does not authorize the conversion of natural wetlands to another aquatic use, such as creation of
waterfowl impoundments where a forested or sedge meadow wetland previously existed. However, this GP
may be used to relocate aquatic habitat types on the project site, provided there are net gains in aquatic
resource functions, values, and no net loss of aquatic acreage. For example, this GP may authorize the
creation of an open water impoundment in an emergent wetland, provided the emergent wetland is replaced
by creating that wetland type in the adjacent uplands.
This GP can be used to authorize compensatory mitigation projects, including banks and in-lieu fee
programs. Once an area has been created, restored, or enhanced, it will be subject to all applicable Corps
regulatory requirements. Because projects that would be authorized by this permit are designed to enhance
the aquatic environment, mitigation will typically not be required for the work.
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b. AREAS/ACTIVITIES EXCLUDED FROM THE REPORTING GP:
1. Diversions of Water. This GP may not be used to authorize all or any portion of a project that would
divert more than 10,000 gallons of surface or groundwater into, or out of, the Great Lakes Basin daily.
2. Activities in the City of Superior, Wisconsin, eligible for authorization under a "Superior SAMP" permit
are not eligible for authorization under the reporting GP (Corps permits 199606788 through 199606792).
3. The reporting GP does not authorize any activity in calcareous fens as identified by the WDNR, and
waters of the United States within 300 feet of such fens. All regulated activities in these areas require
evaluation under Corps individual permit procedures.
4. Listed impaired waters. For activities 2.9.b. (utility line substations) and 2.9.c. (foundations for utility
towers), this GP may not be used to authorize projects that involve filling, draining, or inundating more than
0.1 acre of wetland/water in waterbodies, and adjacent wetlands, that are listed on the EPA-approved list of
Wisconsin impaired waters pursuant to Section 303(d) of the Clean Water Act. This exclusion applies only
to those impaired waters that are listed for one or more of the following reasons: nutrients, dissolved oxygen
(DO), ammonia, suspended solids, turbidity, sediment, streambank erosion, flow habitat, hydrological
modification, wetland loss, siltation and organic enrichment. Such projects in these areas may be eligible for
evaluation under a letter of permission or standard individual permit procedure.
c. APPLICATION/EVALUATION PROCEDURES UNDER THE REPORTING GP:
Applicants must submit a complete application to the Corps. The Corps accepts the WDNR WRAPP form
available from the Corps and WDNR offices and on the websites of both agencies. Upon receipt of a permit
application, the Corps will commence to review the proposed activity to determine eligibility for the
reporting GP. In some cases, the Corps may require a wetland delineation prepared in accordance with the
1987 Corps of Engineers Wetland Delineation Manual (including applicable Regional Supplement) before an
authorization decision can be made. The Corps will complete its review as noted below and send the
applicant a letter advising of the outcome. If the Corps decision is to issue a reporting GP, the Corps will
provide a reporting GP verification letter to the applicant, and send a copy of the letter to the WDNR.
ENDANGERED SPECIES AND CULTURAL RESOURCES REVIEW
The Corps review will include a determination concerning compliance of the project with Section 7 of the
Endangered Species Act (ESA) and Section 106 of the National Historic Preservation Act (NHPA). Projects
found not to comply with either or both of these Acts will not be authorized under the GP or any other Corps
authorization until actions are taken so that compliance with both acts is assured.
The Corps federal endangered species review will consist of Corps staff consulting appropriate reference
materials including endangered species information published by the USFWS in informational brochures and
on Internet web pages and any other available data, information or specific guidance provided by USFWS.
Corps staff will be aware of locations where endangered species are known or likely to be present and of the
types of activities that may affect those species. Corps staff will directly consult with USFWS staff
concerning proposals which appear to have potential to affect listed species. The review will include Corps
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and/or USFWS site inspections of specific project sites, and/or formal Section 7 interagency consultation
where necessary.
The Corps federal cultural resources review will be conducted in a manner similar to the endangered species
review. The National Register of Historic Places (NRHP) will be used to determine the presence or absence
of known cultural resources. Corps regulatory staff will be aware of areas that have a high probability to
contain important cultural resources and will consult Corps cultural resource staff concerning questionable
projects. Corps regulatory or cultural resource staff will consult with the State Historic Preservation Office
(SHPO) and Tribal Historic Preservation Office (THPO) as appropriate. Cultural resource surveys and/or
formal consultation with Tribal governments or the President's Advisory Council on Historic Preservation
will be conducted as necessary.
COMPENSATORY MITIGATION
Complete applications for activities involving a discharge of dredged or fill material into waters of the United
States must minimally include a statement regarding compensatory mitigation (33 CFR Part 325.1). This
statement must describe how impacts to waters of the United States are to be compensated for, or a statement
explaining why compensatory mitigation should not be required for the proposed impacts.
Corps reporting verification letters may require compensatory mitigation in accordance with 33 CFR Part 332
for any impacts authorized if a determination is made that the functions lost or impaired by the proposed
project warrant replacement. These determinations are made on a case-by-case basis, however, projects that
adversely affect 10,000 square feet or more of waters of the United States routinely require compensation.
Applicants whose project requires compensatory mitigation should include a mitigation plan prepared in
accordance with 33 CFR Part 332, and may utilize the Guidelines for Wetland Compensatory Mitigation in
Wisconsin. The plan prepared should describe the measures proposed to ensure that the activity complies
with the Section 404(b)(1) guidelines (40 CFR 230). Compensatory mitigation that is proposed to satisfy
state or local requirements may, but will not necessarily, satisfy the federal requirement.
Work is authorized under the reporting GP when the project proponent receives both a reporting GP
verification letter from the Corps AND confirmation from the WDNR that state water quality
certification has been granted or waived for the project.
3. GP-002-WI PROVISIONS
a. GP-002-WI DEFINITIONS:
1. Calculation of Aquatic Impact Thresholds: For GP categories with threshold limits not otherwise
specified, impacts shall be determined by calculating area of waters of the United States permanently and
temporarily filled plus the impacts to waters of the United States that are excavated, inundated, or drained as
a result of the regulated discharge.
2. Fill Material: Fill material, as defined in 33 CFR 323.2, means material placed in waters of the United
States where the material has the effect of:
(i) Replacing any portion of a water of the United States with dry land; or
(ii) Changing the bottom elevation of any portion of a water of the United States.
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Examples of such fill material include, but are not limited to: rock, sand, soil, clay, plastics, construction
debris, wood chips, overburden from mining or other excavation activities, and materials used to create any
structure or infrastructure in the waters of the United States. The term fill material does not include trash or
garbage.
3. Loss of Waters: This term refers to aquatic resources filled or otherwise permanently adversely affected
by flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include
permanent above-grade, at-grade, or below-grade fills that change an aquatic area to dry land, increase the
bottom elevation of a waterbody, or change its use. The loss of streambed includes the linear feet of
streambed that is filled, excavated, or flooded. Waters of the United States temporarily filled, flooded,
excavated, or drained but restored to preconstruction contours and elevations after construction are not
typically included in the measurement of loss of waters of the United States. However, temporary fill in
waters of the United States is regulated by Section 404.
4. Practicable: Available and capable of being done after taking into consideration cost, existing technology,
and logistics in light of the overall project purpose.
5. Single and Complete Project: For purposes of GP-002-WI, the term "single and complete project" means
the total project proposed by the project proponent. For example, if construction of a residential
development or linear project such as a road or utility line affects several different areas of waters of the
United States, the cumulative total of all filled areas is the basis for deciding the project's total wetland/water
impact. For "phased" developments, each phase may constitute a single and complete project if it has
independent utility and would accomplish its intended purpose whether or not other phases were constructed.
6. Wetland Creation: The construction of a wetland in an area that was not wetland in the past.
7. Wetland Restoration: Re-introduction of wetland vegetation AND wetland hydrology to an upland area
where these vegetative and hydrologic qualities previously existed (re-establishment of hydric soil may rarely
be required). This alteration results in the restoration of previously existing wetland.
8. Wetland Conversion: Alterations to an existing wetland that result in a change in wetland classification
(i.e. the conversion of a wet meadow to a shallow marsh, or a forested wetland to wet meadow).
9. Wetland Enhancement: Alterations made to existing wetlands that result in a net increase in wetland
function (i.e. vegetation management techniques or changes to the hydrologic regime). Wetland
enhancement generally does not include wetland conversion, unless the purpose of the conversion is to return
the wetland to known pre-disturbance conditions AND represents a net increase in wetland function.
10. Stream Restoration and/or Enhancement: Alterations to an existing or previously existing stream
corridor that result in naturalization of the stream, including activities that mimic natural features or return
the stream corridor to pre-disturbance conditions. This may include installation of vortex weirs, current
deflectors, small habitat structures, riffle and pool stream structure, modification of the stream bed or banks
to restore meanders, selective removal of non-native vegetation, and the backfilling of artificial channels.
Stream enhancement and restoration does not generally include significant artificial changes to the stream
corridor such as widespread bank armoring with non-biodegradable materials (i.e. riprap) or conversion of
adjacent wetlands which do not meet the definition of wetland enhancement (see 3.a.9., above).
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b. GP-002-WI STANDARD CONDITIONS:
1. Discretionary Authority.
The Corps retains discretionary authority to require a standard individual permit review of any activity
eligible for authorization under GP-002-WI based on concern for the aquatic environment.
2. Federal Trust Responsibility to Indian Tribes.
Projects the Corps finds to have potential to affect tribal interests will be coordinated with the appropriate
Indian Tribal governments. The Tribe's views and the federal trust responsibility will be considered in the
Corps evaluation. Based on treaty rights, no activity or its operation may impair reserved treaty rights,
including, but not limited to, reserved water rights and treaty fishing and hunting rights.
3. Form and Verification of Authorization.
Every GP-002-WI authorization that requires submission of an application will be verified in writing by the
Corps. Any verification issued may include required special conditions.
4. Case-by-Case Conditions.
The authorized activity must comply with any special conditions that may have been added by the Corps or
by a state, tribe, or the United States Environmental Protection Agency in its Section 401 Water Quality
Certification or consistency determination under the Coastal Zone Management Act. Such conditions will be
specifically identified in any Corps authorization.
5. Avoidance and Minimization.
Discharges of dredged or fill material into waters of the United States must be avoided and minimized to the
maximum extent practicable (please see 3.a.4., above for the definition of practicable).
6. State Water Quality Certification and Coastal Zone Management (CZM) Consistency Determination.
GP-002-WI authorizations are provisional and require that the WDNR provide confirmation that the activity
complies with state water quality certification. A CZM consistency determination may also be required
from, or waived by the Wisconsin Coastal Management Program. If such a condition applies, it will be noted
in the Corps authorization letter for the project.
7. Proper Maintenance.
Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety.
8. Erosion and Siltation Controls.
Appropriate erosion and siltation controls must be used and maintained in effective operating condition
during construction, and all exposed soil and other fills, as well as any work below the ordinary high water
mark must be permanently stabilized at the earliest practicable date. Work should be done in accordance
with state-approved published practices. Upon completion of earthwork operations, all exposed slopes, fills,
and disturbed areas must be given sufficient protection by appropriate means such as landscaping, or planting
and maintaining vegetative cover, to prevent subsequent erosion. Cofferdams shall be constructed and
maintained so as to prevent erosion into the water. If earthen material is used for cofferdam construction,
sheet piling, riprap or a synthetic cover must be used to prevent dam erosion. All non-biodegradable erosion
controls must be removed within two weeks of site stabilization unless otherwise conditioned in the Corps
project confirmation letter.
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9. Removal of Temporary Fills.
Any temporary fills, including construction mats, must be removed in their entirety and the affected areas
returned to their preexisting elevation. The timeframe for completing this removal shall be:
(a) Not later than the timeframe stipulated in the activity description (unless extended in writing by
our office);
(b) Not later than the timeframe stipulated in our office's verification letter; or
(c) Not longer than two weeks from the date the temporary fill was placed in waters of the United
States (condition (c) applies only if a timeframe is not otherwise established by applying (a) or (b)
above).
10. Federal Threatened and Endangered Species.
GP-002-WI does not affect the Corps responsibility to insure that all Section 404 authorizations comply with
Section 7 of the Federal Endangered Species Act (ESA).
(a) No activity is authorized which is likely to jeopardize the continued existence of a threatened or
endangered species or a species proposed for such designation, as identified under the ESA or which
is likely to destroy or adversely modify the critical habitat of such species. Permittees shall notify the
Corps if any listed species or critical habitat might be affected or is in the vicinity of the project, and
shall not begin work on the activity until notified by the Corps that the requirements of the ESA have
been satisfied and that the activity is authorized.
(b) Authorization of an activity under GP-002-WI does not authorize the take of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion with incidental take provisions, etc.) from the United States
Fish and Wildlife Service (FWS), both lethal and non-lethal takes of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the FWS, WDNR or their internet pages.
11. Historic Properties, Cultural Resources.
GP-002-WI does not affect the Corps responsibility to insure that all Section 404 authorizations comply with
Section 106 of the National Historic Preservation Act (NHPA). No activity which may affect historic
properties listed, or eligible for listing, in the National Register of Historic Places (NRHP) is authorized,
until the Corps has complied with the provisions of 33 CFR Part 325, Appendix C. Project sponsors must
disclose in the Corps permit application if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing
on the NRHP, and shall not begin the activity until notified by the Corps that the requirements of the NHPA
have been satisfied and that the activity is authorized. Information on the location and existence of historic
resources can be obtained from the State Historic Preservation Office (SHPO) and the NRHP. If cultural,
archaeological, or historical resources are unearthed during activities authorized by this permit, work must be
stopped immediately and the SHPO must be contacted for further instruction.
12. Spawning Areas.
Discharges in spawning areas during spawning seasons must be avoided to the maximum extent practicable.
13. Obstruction of High Flows.
To the maximum extent practicable, discharges must not permanently restrict or impede passage of normal or
expected high flows or cause the relocation of the water (unless the primary purpose is to impound waters).
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14. Adverse Effects from Impoundments.
If the discharge creates an impoundment of water, adverse effects on the aquatic system due to the accelerated
passage of water and/or the restriction of its flow shall be minimized to the maximum extent practicable.
15. Waterfowl Breeding Areas.
Discharges into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable.
16. Navigation.
No activity may cause more than a minimal adverse effect on navigation.
17. Aquatic Life Movements.
No activity may substantially disrupt the movement of those species of aquatic life indigenous to the
waterbody, including those species which normally migrate through the area, unless the activity's primary
purpose is to impound water.
18. Equipment.
Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize
soil disturbance. Where temporary construction mats are used, they must be placed in a manner that
minimizes the matted area to the minimum necessary to allow safe access to work areas and operation of
equipment. To prevent the introduction of invasive species, all construction mats used shall be cleaned and
free of debris (excess soil and plant material) prior to delivery at the project site.
19. Water Quality Standards.
All work or discharges to a watercourse resulting from permitted construction activities, particularly hydraulic
dredging, must meet applicable federal, state, and local water quality and effluent standards on a continuing
basis.
20. Preventive Measures.
Measures must be adopted to prevent potential pollutants from entering the watercourse. Construction
materials and debris, including fuels, oil, and other liquid substances, will not be stored in the construction
area in a way that allows them to enter the watercourse as a result of spillage, natural runoff, or flooding.
21. Disposal Sites.
If dredged or excavated material is placed on an upland disposal site (above the ordinary high-water mark),
the site must be securely diked or contained by an acceptable method that prevents the return of potentially
polluting materials to the watercourse by surface runoff or by leaching. Construction of containment areas,
whether bulkhead or upland disposal site, must be complete prior to the placement of any dredged material.
22. Suitable Fill Material.
All fill (including riprap), if authorized under this permit, must consist of suitable material (e.g. no trash,
debris, car bodies, asphalt, etc.,) free from toxic pollutants in toxic amounts (see Section 307 of the Clean
Water Act). In addition, rock or fill material used for activities dependent upon this permit and obtained by
excavation must either be obtained from existing quarries or, if a new borrow site is opened up to obtain fill
material, the State Historic Preservation Office (SHPO) must be notified prior to the use of the new site.
Evidence of this consultation with the SHPO will be forwarded to the Corps.
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23. Water Intakes/Activities.
An investigation must be made to identify water intakes or other activities that may be affected by suspended
solids and turbidity increases caused by work in the watercourse. Sufficient notice must be given to the
owners of property where the activities would take place to allow them to prepare for any changes in water
quality.
24. Spill Contingency Plan.
A contingency plan must be formulated that would be effective in the event of a spill. This requirement is
particularly applicable in operations involving the handling of petroleum products. If a spill of any potential
pollutant should occur, it is the responsibility of the permittee to remove such material, to minimize any
contamination resulting from this spill, and to immediately notify the state Emergency Management Duty
Officer at 1-800-943-0003 and the National Response Center at telephone number 1-800-424-8802.
25. Other Permit Requirements.
No GP-002-WI authorization eliminates the need for other local, state or Federal authorizations, including but
not limited to National Pollutant Discharge Elimination System or State Disposal System permits.
26. State Section 401 Certification Conditions and Limitations: All GP-002-WI authorizations are
provisional, and require individual Section 401 Clean Water Act Water Quality Certification or waiver from
the Wisconsin Department of Natural Resources.
27. Wisconsin Coastal Management Program (WCMP) Conditions:
The WCPM's Federal consistency determination for GP-002-WI provides that no GP-002-WI authorization for
an activity taking place in coastal wetlands identified as ridge and swale complexes and/or wetlands adjacent to
the Mink River (Door County), and the Kakagon and Bad Rivers (Ashland County) will be valid unless and until
a Federal consistency determination is granted or waived by the WCMP. This requirement therefore is
incorporated as a permit condition of GP-002-WI. Project proponents will be notified of this condition in the
Corps' GP-002-WI verification letter for projects in these areas.
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