Rev. 2-3-93

Pulic Notice

NOTICE FOR ESTABLISHMENT OF A GENERAL PERMIT

107-B-119

This notice announces the establishment of General Permit by the Louisville District Corps of Engineers, in accordance with Title 33 CFR 325.5(c) (1), as published in the Federal Register, Volume 51, No. 219, pursuant to Section 10 of the Rivers and Harbors Act of 1899 and Section 404 of the Clean Water Act. This proposal was originally announced in Public Notice GP-014, issued September 13, 1991.

 

COVERAGE AREA: All "waters of the United States" located in the State of Indiana within the Louisville District boundaries. This includes all streams (and their tributary systems) of the Whitewater River basin and those streams entering the Ohio River on its right bank (facing downstream between Mile 491.3 and Mile 848.1, below Pittsburgh, Pennsylvania).

 

TYPE OF ACTIVITY: The placement of fill material in connection with bridge construction.

 

EFFECTIVE DATE: February 3, 1992

 

SCOPE OF WORK: Miscellaneous combination of fill, not to exceed 1,000 cubic yards, in large streams (with drainage areas greater than 50 square miles), and 500 cubic yards in smaller streams.

 

RESTRICTIONS: See conditions "a" through "w" of the attached sheet titled, "SPECIAL CONDITIONS, PLACEMENT OF FILL WITH BRIDGES - INDIANA" for specific restrictions. The work authorized by this General Permit would also be subject to the attached General Conditions.

 

NOTIFICATION REQUIREMENTS: This general permit does not require notification to the District Engineer prior to commencement of the authorized activity, nor does it require confirmation from the District Engineer that a proposed activity in full compliance with all terms and conditions of this general permit is authorized and may proceed. However, a general permittee may choose to request in writing a verification that the proposed activity is authorized by this general permit. The request must include the following information:

 

1. Name, address, and telephone number of the general permittee

 

2. Location of the proposed work

 

3. Brief description of the proposed work, its purpose, and (include here criteria for this general permit, e.g., size of fill area, quantity of fill, length of pier, etc.)

 

4. Identification of the general permit or permits which apply to the proposed work

 

5. Any other information that the general permittee believes is appropriate

 

If the general permittee's written request for verification is complete, accurate, and made in good faith, and the Louisville District Office does not respond to the inquiry within 20 days after receipt of such an inquiry, the general permittee may proceed with the activity. However, if the District later determines that the permittee's written request for verification was inaccurate, incomplete, or made in bad faith, and the activity was not in fact authorized by this general permit, the Federal Government may bring an appropriate enforcement action under 33 CFR 326.

 

EXPIRATION DATE: The General Permit will be in effect for a period of 5 years. At the end of the 5-year period, the impact of the work authorized will be evaluated and a decision made whether or not this permit should be renewed. Further, the District Engineer may, at any time during this 5-year period, alter, modify, or revoke this permit, if he deems such action to be in the public interest.

 

FOR THE DISTRICT ENGINEER:

 

KEITH W. WHITTINGHILL

Assistant Chief, Regulatory Branch

 

SPECIAL CONDITIONS

PLACEMENT OF FILL WITH BRIDGES - INDIANA

 

a. That not more than 500 cubic yards of fill material will be placed in streams (below the Ordinary High Water elevation) where the drainage area is 50 square miles or less, and not more than 1,000 cubic yards at all other stream locations. Further, that these quantities are the combined total of all necessary fill work, including but not limited to, poured-in-place concrete, backfill, bank protection, temporary crossings, construction platforms, fish traps, temporary cofferdams, silt traps or final grading. Multiple crossings which area within 1/4 mile are specifically excluded from the General Permit.

 

b. That any excavation work not exceed the limits of four natural channel widths plus the width of the bridge (upstream to downstream), but not more than two natural channels in either direction up or downstream from the corresponding bridge face.

 

c. That except for pier construction or as necessary to maintain the integrity of the roadway embankment, no excavation will be performed below the normal low water elevation or below one foot above the thalweg (low streambed elevation) whichever is greater. When excavation is necessary for the embankment integrity, a low flow channel with dimensions corresponding in width and depth to the natural low flow channel shall be constructed. Further, sediment traps will be required at the downstream limits of excavation if fill other than that required for pier construction or the placement of riprap is in the low flow channel (note material used for construction of the trap becomes a part of the quantity totals).

 

d. That all exposed earth areas will be revegetated immediately after final grading, using a mixture of four or more of the following: Kentucky bluegrass, orchardgrass, bromegrass, timothy, alfalfa, red clover, white clover, ladino clover, alski clover, sweet clover, Sericea lespedeza, Korean lespediza, big bluestem, large-flowered sensitive plant, Canada tickclover, prairie bush clover, wild bergamont, switch grass, grey-headed cone flower, black-eyed Susan, or indian grass. Cultivated oats and annual rye would be acceptable for short term cover.

 

e. That any trees, 12 inches in diameter or larger when measured 2 feet above the ground, removed for the purpose of channel excavation be replaced with trees of like species or tree species of better value for fish and wildlife habitat. However, no trees may be replaced by being planted in the stream channel.

 

f. That the activity is not likely to affect a threatened or endangered species, as identified under the Endangered Species Act or amendments or endanger the critical habitat of such species, or occur in areas of concentrated shellfish production.

 

g. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities.

 

h. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution.

 

i. Any specific authorization granted by this General Permit is subject to revocation, suspension or modification by the District Engineer if in his opinion the installation so authorized:

 

(1) Is detrimental to the environment.

 

(2) Is damaging to the general public interest.

 

j. That the permittee agrees to prosecute the work authorized herein in a manner so as to not cause ad adverse impact on cultural, historic, or archaeological sites listed on, or eligible for, the listing in the National Register of Historic Places.

 

k. That the discharge of dredged or fill material will neither be located within 2,000 feet upstream nor 100 feet downstream of a water supply intake operated by someone other than the applicant; or the applicant will provide signed agreements reached with the intake operator, allowing such discharge of dredged or fill material.

 

l. That the permittee will perform work requiring excavation, dredging or filling in the watercourse in a manner to minimize increases in suspended solids and turbidity which may degrade water quality and damage aquatic life outside the immediate areas of operation.

 

m. That the permittee will assure that deposition of dredged or excavated materials onshore and all earthwork operations onshore will be carried out in such a way that sediment runoff and soil erosion to the watercourse are controlled and minimized. Spoil materials from watercourse or onshore operations, including sludge deposits, will not be dumped into the watercourse. Areas for deposit of dredged materials will be provided with temporary dikes or bulkheads for separation and retention of settled solids.

 

n. That temporary crossings or construction platforms will be constructed using stone riprap material, which may subsequently be used as bank protection material. However, both placements would be included in the total quantities. Further, all temporary fill will be removed within 30 days of final grading.

 

o. All concrete work must meet the appropriate standards developed by (1) American Concrete Institute (ACI) (2) American Society of Testing and Materials (ASTM) U.S. Department of Commerce, National Bureau of Standards (NBS).

 

p. All form work for concrete shall be mortar tight, properly aligned and adequately supported. Where forms for continuing surfaces are placed in successive units, care shall be taken to fit the forms over the completed surfaces so as to obtain accurate alignment of the surface and to prevent leakage of mortar.

 

q. Only concrete using cement of the following types will be authorized: Portland - blast furnace slag; Portland - Pozzolan; Natural; and slag.

 

r. The structure may not be constructed in any way that would increase flood heights above that allowed by Federal, State, or local law and regulations.

 

s. That no work including the placement of fill will be performed in a wetland area. Further, the discharge may not be placed in a manner so as to impair surface water flow into or out of any wetland area.

 

t. The discharge will not occur in a designated component of the National Wild and Scenic River System, a segment listed in the Heritage Conservation Recreation Service Rivers Inventory, a component of the State Wild and Scenic River System, or in a Federal or State designated wildlife management area.

 

u. The discharge will not disrupt the movement of those species of aquatic life indigenous to the waterbody.

 

v. That construction debris, including the removal of existing structures, generated by the work, be disposed of in an environmentally acceptable manner.

 

w. That the permittee employ measures to prevent or control spills of fuels or lubricants from entering the waterway and formulate a contingency plan to be effective in the event of the spill.

 

GENERAL CONDITIONS

 

1. You must maintain the activity authorized by this permit 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, although you may make a good faith transfer to a third party. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.

 

2. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We 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.

 

3. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this authorization.

 

4. You must allow representatives from this office to inspect 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 the authorization.

 

Further Information:

 

1. Limits of this authorization.

 

a. This authorization does not obviate the need to obtain other Federal, state, or local authorizations required by law.

 

b. This authorization does not grant any property rights or exclusive privileges.

 

c. This authorization does not authorize any injury to the property or rights of others.

 

d. This authorization does not allow or sanction interference with any existing or proposed Federal project.

 

2. Limits of Federal Liability. In issuing this authorization, the Federal Government does not assume any liability for the following:

 

a. Damages to authorized project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

 

b. Damages to the authorized 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 authorized activity.

 

d. Design or construction deficiencies associated with the authorized work.

 

e. Damage claims associated with any future modification, suspension, or revocation of this authorization.

 

3. Reliance on Applicant's Data: The determination of this office that issuance of this authorization is not contrary to the public interest was made in reliance on the information you provided.

 

4. Reevaluation of Permit Decision. This office may reevaluate its decision on this authorization at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

 

a. You fail to comply with the terms and conditions of this authorization.

 

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 3 above).

 

c. 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 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of the administrative order requiring you to comply with the terms and conditions of your authorization and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

 

5. Good Faith Transfer. If you sell the property associated with this authorization, you must have the new owner submit a state accepting the transfer and agreement with the terms and conditions.