Environmental Summary Sheet

Environmental Summary Sheet

Pin: 19150.00 Date Submitted: 4/18/13 Town: Augusta-China CPD Team Leader: Laurie Rowe ENV Field Contact: Val Derosier NEPA Complete: Programmatic CE issued – 4/1/2013

Section 106 PA Section 106 Resources:

Section 4(f) and 6(f) Section 4(f)

Review Complete Section 6(f) Not Applicable

Maine Department of Inland Fisheries and Wildlife Essential Habitat

Not Applicable Timing Window: Not Applicable

Section 7 No Effect

Species of Concern: Atlantic Salmon-Critical Habitat Atlantic Salmon DPS Comments/References: *See ACOE Permit and SP 105 for special conditions

__________________________________________________________________________________________________ Maine Department of Conservation/Public Lands, Submerged Land Lease

Not Applicable Maine Land Use Regulation Commission

*Applicable Standards and Permits are included with the contract

Maine Department of Environmental Protection Exempt from Permitting *Applicable Standards and Permits are included with the contract

Army Corps of Engineers, Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Category 2 *See ACOE permit and SP 105 for all special conditions *Applicable Standards and Permits are included with the contract

Stormwater Review N/A

Special Provisions Required Special Provision 105-Timing of Work Restriction N/A Applicable Special Provision 656-Erosion Control Plan N/A Applicable Special Provision 203-Dredge Spec N/A Applicable General Note for Hazardous Waste N/A Applicable

Special Provision 203-Hazardous Waste N/A Applicable Special Provision 105.9 N/A Applicable *All permits and approvals based on plans/scope as of: 4/1/2013

REPLY TO ATTENTION OF

DEPARTMENT OF THE ARMY NEW ENGLAND DISTRICT, CORPS OF ENGINEERS

696 VIRGINIA ROAD CONCORD, MASSACHUSETTS 01742-2751

MAINE GENERAL PERMIT (GP) AUTHORIZATION LETTER AND SCREENING SUMMARY

OFFICE OF ENVIRONMENTAL SERVICES MAINE DEPT. OF TRANSPORTATION CORPS PERMIT# NAE-2013-00489

CORPS PGP ID# 13-062 16 STATE HOUSE STATION AUGUST A, MAINE 04333 STATEID# __________________ P_B_R ________________________________ __

DESCR!PT!O~! OF 'NORK: Place temporary and permanent fill below the ordinary hi~h water line of three unnamed streams and in their adjacent freshwater wetlands between Au~usta and China. Maine in order to replace two culverts and rehabilitate a third. This work is part of a payement rehabilitation project along a 9.65 mile section of Route 3. This work will result in llllproximately 390 s.f. of permanent wetland impact: 500 s.f. of permanent stream

Proiect Descdntion Continued on PaJ!e 2

LAT/LONG COORDINATES .:...: _____ 4_4_·

3_2_9_41

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__________ N -69.7328489° w USGS QUAD:: AUGUSTA, ME

I. CORPS DETERMINATION: Based on our review of the information you provided, we have determined that your project will have only minimal individual and cumulative impacts on waters and wetlands of the United States. Your work is therefore authorized by the U.S. Army Corps of Engineers under the enclosed Federal Permit. the Maine General Permit CGP). Accordingly, we do not plan to take any further action on this project.

You must perform the activity authorized herein in· compliance with all the terms and conditions of the GP [including any attached Additional Conditions and any conditions placed on the State 401 Water Quality Certification including any required mitigation]. Please review the enclosed GP carefully, including the GP conditions beginning on page 5, to familiarize yourself with its contents. You are responsible for complying with all of the GP requirements; therefore you should be certain that whoever does the work fully understands all of the conditions. You may wish to discuss the conditions of this authorization with your contractor to ensure the contractor can accomplish the work in a manner that conforms to all requirements.

If you change the plans or construction methods for work within our jurisdiction, please contact us immediately to discuss modification of this authorization. This office must approve any changes before you undertake them.

Condition 41 of the GP (page 18) provides one year for completion of work that has commenced or is under contract to commence prior to the expiration of the GP on October 12. 2015. You will need to apply for reauthorization for any work within Corps jurisdiction that is not completed by October 12, 2016.

This authorization presumes the work shown on your plans noted above is in waters of the U.S. Should you desire to appeal our jurisdiction, please submit a request for an approved jurisdictional determination in writing to the undersigned.

No work may be started unless and until all other required local, State and Federal licenses and permits have been obtained. This includes but is not limited to a Flood Hazard Development Permit issued by the town if necessary.

II. STATE ACTIONS: PENDING [ X ], ISSUED[ ], DENIED [ ] DATE ____________________ _

APPLICATION TYPE: PBR~ TIER 1;_~ TIER 2 _: -----~ TIER 3;____,_ LURC: DMR LEASE: NA:

Ill. FEDERAL ACTIONS:

JOINT PROCESSING MEETING: 3/14/13 -------- LEVEL OF REVIEW: CATEGORY 1 :________ CATEGORY 2~_X __

AUTHORITY (Based on a review of plans and/or State/Federal applications): SEC 1 0 ____ , 404 _ _x_ 1 0/404 ____ , 1 03 ___ _

EXCLUSIONS: The exclusionary criteria identified in the general permit do not apply to this project.

FEDERAL RESOURCE AGENCY OBJECTIONS: EPA__lliL_, USF&WS__lliL_, NMFS__lliL_

If you have any questions on this matter, please contact my staff at 207-623-8367 at our Manchester, Maine Project Office. In order for us to better serve you, we would preciate your completing our Customer Service Survey located at http://per2.nwp.usace.army.mil/survey.html

f!RANK J. DEL GIUDICE DATE CHIEF, PERMITS & ENFORCEMENT BRANCH REGULATORY DIVISION

fr.ii'f.il ~ US Army Corps of Engineers® New England District

Project Description Continued from Page 1

bed impact; and 1,000 s.f. of temporary stream bed impact. This work is shown on the attached plans entitled "MOOT WIN 19150.00, Augusta-China, Route 3" in 16 sheets undated.

Corps of Engineers Permit No. NAE-2013-00489 Permit Conditions Resulting From

Informal Endangered Species Act Consultation Between US Fish & Wildlife Service ("USFWS") and the Federal Highway Administration ("FHWA")

(Reference USFWS Biological Opinion ("BO") dated "March 28, 2013" and the DOT/FHWA Biological Assessment ("BA") dated "February 25, 2013")

1. The permittee and contractor shall comply with all terms and conditions of this permit and with the permittee's construction plan. Modifications to the approved plan may require re- initiation of Endangered Species Consultation between the Corps and Service and therefore, should not be implemented without first contacting the Corps.

2. All projects authorized by this permit shall be designed in accordance with Maine DOT's 2008 Waterway and Wildlife Crossing Policy and Design Guide 1•

3. A fish evacuation plan must be implemented by appropriate Maine DOT staff during construction and dewatering of all cofferdams. to carefully remove fish from the work area.

4. All instream work (which includes the installation and removal of cofferdams, as well as other activities) shall be conducted according to the work windows specified in the BA.

5. Any cofferdam constructed as part of the authorized projects shall adhere to the specifications contained in Section 2.0 (Cofferdam Descriptions) of the BA.

6. All culvert installations authorized by this permit must adhere to the specifications contained in Section 2.1 (Culvert . Replacement Projects) of the BA.

7. Maine DOT and their contractors s h a II minimize the potential for impacts to Atlantic salmon habitat by conducting all construction activities for each project in accordance with the Maine DOT approved Soil Erosion and Water Pollution Control Plan.

8. Maine DOT shall use a screen on each pump intake sufficiently large enough that the approach velocity does not exceed 0.20 ftls. Designing the screen for these approach velocities will minimize screen contact and/or impingement of juvenile fish. Square or round screen face openings not to exceed 2.38 mm (3/32 inch) on a diagonal. Criteria for slotted face opening must not exceed 1.75mm (approximately 1/16111 inch) in the narrow direction. Intake hoses shall be regularly monitored while pumping.

9. Maine DOT or their contractor will follow measures designed to avoid effects to rivers and streams from hazardous materials associated with construction activities, including:

a. All vehicles refueling shall occur more than 100 feet from any water course.

b. All vehicles carrying fuel shall have specific equipment and materials needed to contain or clean up any incidental spills at the project site. Equipment and materials would include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms.

c. During use, all pumps and generators shall have appropriate spill containment structures and/or absorbent pads in place.

1 Maine Department of Transportation (MaineDOT). 2008. Waterway and wildlife crossing policy and design guide for aquatic

organism, wildlife habitat, and hydrologic connectivity. 3rd edition. Maine Department of Transportation, Augusta, ME.

laurie.rowe

Typewritten Text

MaineDOT Note: see BA section 4.1.4-referenced in the sp 105

laurie.rowe

Typewritten Text

MaineDOT Note: see BA Section 4.1.4-referenced in the sp 105

d. All equipment used for instream work shall be cleaned of external oil, grease, dirt, and mud. Any leaks or accumulations of grease would be corrected before entering streams or areas that drain directly to streams or wetlands.

10. Noxious Weeds: All off-road equipment and vehicles (operating off of existing open and maintained roads) must be cleaned prior to entering the construction site(s) to remove all soil, seeds, vegetation, or other debris that could contain seeds or reproductive portions of plants. Equipment operators may employ whatever cleaning methods are necessary to ensure that offroad equipment is free of the above material prior to entering the easement portion of the access road. The equipment will be inspected prior to off-loading.

11. All cofferdams shall be removed from the stream immediately following completion of construction, allowing for minor delays due to high stream flows following heavy precipitation, so that fish and other aquatic life passage is not unnecessarily restricted. If a project is not completed but there will be substantial delays in construction, cofferdams will need to be at least partially removed to allow unobstructed fish passage until construction resumes.

12. If any listed Atlantic salmon is encountered in the project areas of this permit, including dewatering of coffer dams, all work must cease and USFWS (Maine Field Office; 207-866-3344) and the Corps (Maine Project Office; 207-623-8367) shall be contacted immediately. Work may not resume until the Corps and the USFWS conclude supplemental endangered species consultation as necessary.

13. All areas of temporary waterway or wetland fill will be restored to their original contour and character upon completion of the projects.

14. Disturbed areas adjacent to streams will be stabilized andre-vegetated with a seed mix and tree/shrub plantings appropriate for riparian areas in Maine. Only native species that reflect the existing natural riparian community in the general area may be used. The permittee shall take all available and practicable steps to ensure that tree/shrub plantings remain viable and are protected from future disturbance.

15. A post-project report, confirming completion of construction and the successful application of all terms and conditions of this permit, shall be submitted within four (4) weeks of project completion. The report shall include, but not be limited to, a narrative and photos documenting project elements outlined in the construction plan and referenced in these conditions e.g. installation of erosion control measures, installation of the work platform, and debris removal. This report may accompany the Compliance Certification Form referenced in Condition 16.

16. This authorization requires you to 1) notify us before beginning work so we may inspect the project, and 2) submit a Compliance Certification Form. You must complete and return the enclosed Work Start Notification Form{s) to this office at least two weeks before the anticipated starting date. You must complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work and any required mitigation {but not mitigation monitoring, which requires separate submittals}.

18. The permittee shall assure that a copy of this permit is at the work site whenever work is being performed and that all personnel performing work at the site of the work authorized by this permit are fully aware of the terms and conditions of the permit. This permit, including its drawings and any appendices and other attachments, shall be made a part of any and all contracts and sub-contracts for work which affects areas of Corps of Engineers' jurisdiction at the 'site of the work authorized by this permit. This shall be done by including the entire permit in the specifications for the work. If the permit is issued after construction specifications but before receipt of bids or quotes, the entire permit shall be included as an addendum to the specifications. The term "entire permit" includes permit amendments. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub- contractors shall be obligated by contract to comply with all environmental protection provisions of the entire permit, and no contract or sub-contract shall require or allow unauthorized work in areas of Corps of Engineers jurisdiction.

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PGP WORK-START NOTIFICATION FORM

(Minimum Notice: Two weeks before work begins)

*************************************************************************** * MAIL TO: U.S. Army Corps of Engineers, New England District * * Policy Analysis/Technical Support Branch * * Regulatory Division * * 696 Virginia Road * * Concord, Massachusetts 01742-2751 * *************************************************************************** Corps of Engineers Permit No. [2013-00489] was issued to [MaineDOT]. This work is located in unnamed streams in China-Augusta Maine. The permit authorized the permittee to replace and rehabilitate culverts. The people (e.g., contractor) listed below will do the work, and they understand the permit's conditions and limitations. PLEASE PRINT OR TYPE Name of Person/Firm:

Business Address:

Telephone Numbers: ( ) ( )

Proposed Work Dates: Start: Finish:

Permittee’s Signature: Date:

Printed Name: Title:

******************************************************************************

FOR USE BY THE CORPS OF ENGINEERS PM: Submittals Required: Inspection Recommendation:

(Minimum Notice: Permittee must sign and return notification

within one month of the completion of work.)

COMPLIANCE CERTIFICATION FORM

USACE Project Number: 2013-00489 Name of Permittee: MaineDOT Permit Issuance Date: 3/9/2013 Please sign this certification and return it to the following address upon completion of the activity and any mitigation required by the permit. You must submit this after the mitigation is complete, but not the mitigation monitoring, which requires separate submittals. ************************************************************************* * MAIL TO: U.S. Army Corps of Engineers, New England District * * Policy Analysis/Technical Support Branch, ATTN: Marie Farese * * Regulatory Division * * 696 Virginia Road * * Concord, Massachusetts 01742-2751 * ************************************************************************* Please note that your permitted activity is subject to a compliance inspection by an U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the above referenced permit, and any required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date

Printed Name Date of Work Completion

Telephone Number ( )

Applicant: General Public, State of Maine Effective Date: October 12, 2010 Expiration Date: October 12, 2015

DEPARTMENT OF THE ARMY GENERAL PERMIT STATE OF MAINE

The New England District of the U.S. Army Corps of Engineers (Corps) hereby issues this General Permit (GP) for activities in waters of the United States (U.S.) that have no more than minimal individual, secondary, and cumulative adverse effects on the aquatic environment in waters of the U.S. within the boundaries of and off the coast of the State of Maine. I. GENERAL CRITERIA In order for activities to qualify for this GP, they must meet the GP’s terms and eligibility criteria (Pages 1 – 4), general conditions (GC) (Pages 5 – 18), and Appendix A - Definition of Categories. Under this GP, projects may qualify for the following: Category 1: Category 1 Notification Form required.

(Submittal of the Category 1 Notification Form at Appendix B to the Corps is required. Category 2: Application required.

(Submittal of an application to the Corps is required and written approval from the Corps must be received.

If your project is ineligible for Category 1, it may qualify for Category 2 or an Individual Permit and you must submit an application (see Page 3). The thresholds for Categories 1 and 2 are defined in Appendix A. This GP does not affect the Corps Individual Permit review process or activities exempt from Corps regulation. II. ACTIVITIES COVERED: Work and structures that are located in, under or over any navigable water of the U.S.1 that affect the

course, location, condition, or capacity of such waters; or the excavating from or depositing of material in such waters. The Corps regulates this under Section 10 of the Rivers and Harbors Act of 1899);

The discharge of dredged or fill material into waters of the U.S2. The Corps regulates this under Section 404 of the Clean Water Act (CWA).3

The transportation of dredged material for the purpose of disposal in the ocean. The Corps regulates this under Section 103 of the Marine Protection, Research and Sanctuaries Act.

1 Defined at 33 CFR 329 and Appendix A, Page 4. 2 Defined at 33 CFR 328 3 When there is a regulated discharge of dredged or fill material into waters of the U.S., the Corps will also consider secondary impacts, which are defined at Appendix A, Endnote/Definition 2.

Maine GP 2 October 2010

III. PROCEDURES:

1. State Approvals

Applicants are responsible for applying for and obtaining any of the required state or local approvals (see GC 1, Page 5). Federal and state jurisdictions may differ in some instances. State permits may be required for specific projects regardless of the general permit category. In order for authorizations under this GP to be valid, when any of the following state approvals or statutorily-required reviews is also required, the approvals must be obtained prior to the commencement of work in Corps jurisdiction. Maine Department of Environmental Protection (DEP): Natural Resources Protection Act

(NRPA) permit, including permit-by-rule and general permit authorizations; Site Location of Development Act permit; and Maine Waterway Development and Conservation Act permit.

Maine Department of Conservation: Land Use Regulation Commission (LURC) permit. Maine Department of Marine Resources: Aquaculture Leases. Maine Department of Conservation, Bureau of Parks and Lands, Submerged Lands: Lease

NOTE: This GP may authorize projects that are not regulated by the State of Maine (e.g., seasonal floats or moorings). 2. Corps Authorizations

a. Category 1 (Submission of Category 1 Notification Form required) Eligibility Criteria Activities in Maine that:

Are subject to Corps jurisdiction (see GC 2, Page 5), Meet the terms and eligibility criteria of this GP (Pages 1 - 4), Meet all GCs of this GP (Pages 5 – 18), and Meet the definition of Category 1 in Appendix A - Definition of Categories,

may proceed without application to the Corps provided: The Category 1 Notification Form (Appendix B) is submitted to the Corps before starting the

work authorized by this GP. Consultation with the Corps and/or outside experts may be necessary to ensure compliance with this GP’s general conditions (starting on Page 5) and related federal laws such as the National Historic Preservation Act, the Endangered Species Act (ESA), and the Wild and Scenic Rivers Act. For example, experts on historic resources may include the agencies and tribes referenced in GC 8, while experts on endangered species include the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). Project proponents are encouraged to contact the Corps with Category 1 eligibility questions. Work that is not regulated by the State of Maine, but is subject to Corps jurisdiction, is eligible for Category 1 authorization under this GP. The Maine DEP and LURC have waived WQC for projects authorized under Categories 1 and 2 of this GP. The state has concurred with the determination that projects authorized under Categories 1 and 2 of this GP are consistent with the enforceable policies of the Maine CZM Program.


b. Category 2 (Application to and written approval from the Corps required) Eligibility Criteria Activities in Maine that:

Are subject to Corps jurisdiction (see GC 2, Page 5), Meet the terms of this GP (Pages 1 - 4), Meet all GCs of this GP (Pages 5 - 18), Meet the definition of Category 2 in Appendix A - Definition of Categories,

require an application to and written approval from the Corps. The Corps will coordinate review of Category 2 activities with federal and state agencies, as appropriate. To be eligible and subsequently authorized, an activity must result in no more than minimal impacts to the aquatic environment as determined by the Corps based on comments from the review team and the criteria listed above. This may require project modifications involving avoidance, minimization or compensatory mitigation for unavoidable impacts to ensure the net effects of a project are minimal. Compensatory mitigation for waterway/wetland impacts may take the form of wetland preservation, restoration, enhancement, creation, and/or “in-lieu fee” for inclusion into the Natural Resources Mitigation Fund. See www.nae.usace.army.mil/reg, “Mitigation” and then “Maine” for more information. Work that is not regulated by the State of Maine, but is subject to Corps jurisdiction, is eligible for Category 2 authorization under this GP. The Maine DEP and LURC have waived WQC for projects authorized under Categories 1 and 2 of this GP. The state has concurred with the determination that projects authorized under Categories 1 and 2 of this GP are consistent with the enforceable policies of the Maine CZM Program.

3. Applying for a Permit All applicants for Category 2 projects must:

a. Apply directly to the Corps using the state application form or the Corps application form (ENG Form 43451), and apply directly to the state (DEP, LURC, BPL or DMR) as applicable using the appropriate state form, if the work is regulated by the Corps and the state.

b. Apply directly to the Corps using the Corps application form (ENG Form 43451) if the work is regulated by the Corps but not the state (DEP, LURC, BPL or DMR).

c. Provide application information (see “Information Typically Required” in Appendix C) to help ensure the application is complete and to speed project review.

d. Submit a copy of their application materials to the Maine Historic Preservation Commission (MHPC) and the five Indian tribes listed at Appendix D, at the same time, or before, they apply to the state (DEP or LURC) or the Corps, to be reviewed for the presence of historic, archaeological or tribal resources in the permit area that the proposed work may affect. Submittals to the DEP or Corps shall include information to indicate that this has been done (a copy of the applicant’s cover letter to MHPC and tribes or a copy of the MHPC and tribal response letters is acceptable).

1 Located at www.nae.usace.army.mil/reg under “Forms.”


4. Review Procedures

The Corps will coordinate review of all Category 2 activities with federal and state agencies, as appropriate, to ensure that the work will result in no more than a minimal impact to the aquatic environment. Applicants are responsible for applying for the appropriate state and local approvals listed on Page 2. Emergency Procedures: 33 CFR 325.2(e)4 states that an “emergency” is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures.” The Corps will work with all applicable agencies to expedite authorization according to established procedures in emergency situations. Individual Permit Procedures: Proponents of work that does not meet the terms and general conditions of this GP must submit the Corps application form and the appropriate application materials to the Corps at the earliest possible date in order to expedite the Individual Permit review process. General information and application forms can be obtained at our website or by calling us (see Appendix D). Individual WQC and CZM consistency concurrence are required when applicable from the State of Maine before Corps permit issuance. The Corps encourages applicants to concurrently apply for a Corps Individual Permit and state permits. 5. Approval Process

Applicants for Category 2 activities may not proceed with work in Corps jurisdiction until written authorization is received from the Corps. If the Corps determines that the Category 2 activity is eligible for the GP, the Corps will send an authorization letter directly to the applicant. The Corps will attempt to issue a written eligibility determination within the state’s review period. If the Corps determines that the activity is not eligible under the GP or that additional information is required, the Corps will notify the applicant in writing and send a copy to the DEP or LURC. Applicants are responsible for obtaining all applicable approvals listed on Page 2 from the appropriate state and local agencies before commencing work in Corps jurisdiction.


V. GENERAL PERMIT CONDITIONS:

The following conditions apply to activities authorized under this Maine GP, unless otherwise specified, including all Category 1 (notification required) and Category 2 (application required) activities: 1. Other Permits. Authorization under this GP does not obviate the need to obtain other federal, state, or local authorizations required by law. This includes, but is not limited to, the project proponent obtaining a Flood Hazard Development Permit issued by the town, if necessary. Inquiries may be directed to the municipality or to the Maine Floodplain Management Coordinator at (207) 287-8063. See www.maine.gov/spo/flood. 2. Federal Jurisdictional Boundaries. (a) Applicability of this GP shall be evaluated with reference to federal jurisdictional boundaries. Applicants are responsible for ensuring that the boundaries used satisfy the federal criteria defined at 33 CFR 328 “Waters of the U.S.” and 33 CFR 329 “Navigable Waters of the U.S.” Note: Waters of the U.S. include the subcategories “navigable waters of the U.S.” and “wetlands.” (b) For Category 1 projects, proponents are not required to delineate the waters of the U.S. that they plan to impact, but must approximate the square footage of impacts in order to determine the review category (1 or 2 or Individual Permit). For projects filling <15,000 SF of waters of the U.S. that do not qualify for Category 1 (e.g., vernal pool, secondary or endangered species impacts, etc.) and therefore require an application to the Corps, and for those filling ≥15,000 SF, applicants shall delineate all waters of the U.S. that will be filled (direct impacts) in accordance with the Corps of Engineers Wetlands Delineation Manual and the most recent regional supplements (see Appendix E). In addition, applicants shall approximately identify all waters of the U.S. on the property and known waters adjacent to the property in order for the Corps to evaluate secondary impacts. The waters of the U.S. shall be clearly shown on the project plans submitted with the application. This includes all waters of the U.S. in areas under DEP or LURC jurisdiction regardless of whether they’re shown on LURC zoning maps. (c) On a case-by-case basis, the Corps may modify/refine the above delineation and identification requirements for waters of the U.S. 3. Minimal Direct, Secondary and Cumulative Impacts. (a) Projects authorized by this GP shall have no more than minimal direct, secondary and cumulative adverse environmental impacts. Category 2 applicants should provide information on secondary and cumulative impacts as stated in Appendix C. Compensatory mitigation may be required to offset unavoidable impacts (see GC 16) and to ensure that they are no more than minimal. Compensatory mitigation requirements will be determined on a case-by-case basis. (b) Secondary impacts to waterway and/or wetland areas, (e.g., areas drained, flooded, cleared, excavated or fragmented) shall be added to the total fill area when determining whether the project qualifies for Category 1 or 2. Direct, secondary and cumulative impacts are defined at Appendix A, Endnote 2. (c) Site clearing, grading and construction activities in the upland habitat surrounding vernal pools (“Vernal Pool Management Areas”) are secondary impacts. See GC 28 for avoidance and minimization requirements and recommendations. 4. Discretionary Authority. Notwithstanding compliance with the terms and conditions of this permit, the Corps retains discretionary authority to require Category 2 or Individual Permit review based on concerns for the aquatic environment or for any other factor of the public interest [33 CFR


320.4(a)]. This authority is invoked on a case-by-case basis whenever the Corps determines that the potential consequences of the proposal warrant a higher level of review based on the concerns stated above. This authority may be invoked for projects that may contribute to cumulative environmental impacts that are more than minimal or if there is a special resource or concern associated with a particular project that is not already covered by the remaining conditions of the GP and that warrants greater review. Whenever the Corps notifies an applicant that an Individual Permit may be required, the project is not authorized under this GP and no work may be conducted until an Individual Permit is obtained or until the Corps notifies the applicant that further review has demonstrated that the work may proceed under this GP. 5. Single and Complete Projects. (a) This GP shall not be used to piecemeal work and shall be applied to single and complete projects1. When determining the review category in Appendix A (Category 1 or 2) for a single and complete project, proponents must include any permanent historic fill placed since October 1995 that is associated with that project and all currently proposed temporary and permanent impact areas. (b) A single and complete project must have independent utility1. (c) Unless the Corps determines the activity has independent utility1:

i. This GP shall not be used for any activity that is part of an overall project for which an Individual Permit is required,

ii. All components of a single project and/or all planned phases of a multi-phased project (e.g., subdivisions should include all work such as roads, utilities, and lot development) shall be treated together as constituting one single and complete project1. (d) For linear projects, such as power lines or pipelines with multiple crossings, the single and complete project1 is all crossings of a single water of the U.S. (i.e., single waterbody) at a specific location. For linear projects crossing a single waterbody several times at separate and distant locations, each crossing is considered a single and complete project. However, individual channels in a braided stream or river, or individual arms of a large, irregularly-shaped wetland or lake, etc., are not separate waterbodies and crossings of such features cannot be considered separately. If any crossing requires a Category 2 activity, then the entire linear project shall be reviewed as one project under Category 2. 6. Permit On-Site. For Category 2 projects, the permittee shall ensure that a copy of this GP and the accompanying authorization letter are at the work site (and the project office) authorized by this GP whenever work is being performed, and that all personnel with operation control of the site ensure that all appropriate personnel performing work are fully aware of its terms and conditions. The entire permit authorization shall be made a part of any and all contracts and sub-contracts for work that affects areas of Corps jurisdiction at the site of the work authorized by this GP. This shall be achieved by including the entire permit authorization in the specifications for work. The term “entire permit authorization” means this GP and the authorization letter (including its drawings, plans, appendices and other attachments) and also includes permit modifications. If the authorization letter is issued after the construction specifications, but before receipt of bids or quotes, the entire permit authorization shall be included as an addendum to the specifications. If the authorization letter is issued after receipt of bids or quotes, the entire permit authorization shall be included in the contract or sub-contract. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub-contractors shall be obligated by contract to comply with all environmental protection provisions contained within the entire GP authorization, and no contract or sub-contract shall require or allow unauthorized work in areas of Corps jurisdiction. 1 Single and Complete Project and Independent Utility are defined at Appendix E.


7. St. John/St. Croix Rivers. Work within the Saint John and Saint Croix River basins that requires approval of the International Joint Commission is not eligible for Category 1 and an application to the Corps is required if any temporary or permanent use, obstruction or diversion of international boundary waters could affect the natural flow or levels of waters on the Canadian side of the line; or if any construction or maintenance of remedial works, protective works, dams, or other obstructions in waters downstream from boundary waters could raise the natural level of water on the Canadian side of the boundary. 8. Historic Properties. No activity otherwise authorized by this GP shall result in effects (as that term is defined at 36 C.F.R. § 800.16(i)) on properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties, unless and until the Corps or another federal agency has satisfied the consultation requirements of Section 106 of the National Historic Preservation Act. Work is not eligible for Category 1 and an application to the Corps is required if the activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. Work is eligible for Category 1 if a no effect or no adverse effect determination has been made for that work by another federal action agency in its Section 106 consultation with the Maine Historic Preservation Commission (MHCP) and the five federally recognized Indian tribes listed at Appendix D. Information on the location and existence of known historic resources can be obtained from the MHPC, the National Register of Historic Places, and the five tribes listed in Appendix D. Historic properties include those that are eligible for inclusion, but not necessarily listed on the National Register. If the permittee, either prior to construction or during construction of the work authorized herein, encounters a previously unidentified archaeological or other cultural resource within the area subject to Corps jurisdiction that might be eligible for listing in the National Register of Historic Places, he/she shall stop work and immediately notify the Corps and the MHPC and/or applicable tribe(s). 9. National Lands. None of the following work is eligible as a Category 1 project: (a) Activities that impinge upon the value of any National Wildlife Refuge, National Forest, National Marine Sanctuary, National Park or any other area administered by the National Park Service, U.S. Fish and Wildlife Service (USFWS) or U.S. Forest Service. (b) Work on Corps properties and Corps-controlled easements. Contact the Corps, Real Estate Division (978) 318-8585 to initiate reviews about both Corps holdings and permit requirements. (c) Any proposed temporary or permanent modification or use of a federal project (including but not limited to a levee, dike, floodwall, channel, sea wall, bulkhead, jetty, wharf, pier, or other work built but not necessarily owned by the United States), which would obstruct or impair the usefulness of the federal project in any manner, and/or would involve changes to the authorized federal project’s scope, purpose, and/or functioning that go beyond minor modifications required for normal operation and maintenance (requires review and approval by the Corps pursuant to 33 USC 408). Federal projects in Maine as of October 2010 are shown at Appendix F. This map may not be inclusive of all projects. 10. Endangered Species. (a) No activity may be authorized under Category 1 of this GP which:

i. “May affect” a threatened or endangered species, a species proposed for listing as threatened or endangered, or designated or proposed critical habitat (all herein referred to as “listed species or habitat”) as identified under the federal Endangered Species Act (ESA) (unless specified in a programmatic agreement with NMFS or USFWS),


ii. Results in a “take” of any federally-listed threatened or endangered species of fish or wildlife, or iii. Results in any other violation of Section 9 of the ESA protecting threatened or endangered

species of plants. (b) Work in Inland Waters and Wetlands1 and the non-tidal portions of Navigable Waters2 (e.g., the Penobscot River, Kennebec River) is not eligible for Category 1 if: i. The project action area occurs within a watershed occupied by listed Atlantic salmon or shortnose sturgeon. Project proponents must check the site in Footnote 3 below. ii. In areas outside these watersheds contact the USFWS (see Appendix D, Page 1 for contact information) to check for the presence of other listed species. (c) Work in the tidal portions of Navigable Waters may be eligible for Category 1. Reference Appendix A, II. Navigable Waters, Pages 4 – 9, and the other terms and general conditions (GC 11 is particularly relevant) of this GP to determine Category 1 eligibility. Project proponents must contact the USFWS (see Appendix D, Page 1 for contact information) to ensure that work in all tidal portions of Navigable Waters2 is not in critical habitat or areas occupied by listed species other than Atlantic salmon or shortnose sturgeon. (d) Although some work is excluded from Category 1 as stated in (b) and (c) above, work may qualify for Category 1 if a no effect determination has been made for that work by a federal action agency such as the Corps. (e) Proponents must submit an application to the Corps if any of the activities in 10(a)-10(c) that do not qualify for Category 1 may occur and provide information on federally-listed species or habitat to allow the Corps to conduct any required consultation under Section 7 of the ESA. (f) The Corps review may consider species listed as endangered and threatened pursuant to Maine state law. 11. Essential Fish Habitat. Any work in the following rivers and streams, including all tributaries to the extent that they are currently or were historically accessible for salmon migration, shall not be authorized under Category 1 of the GP and must be screened for potential impacts to EFH (see Appendix E for more information). Androscoggin River Aroostook River Boyden River Dennys River Ducktrap River East Machias River Hobart Stream Kennebec River Machias River Narraguagus River Orland River Passagassawaukeag River Patten Stream Penobscot River Pleasant River Presumpscot River Saco River Sheepscot River St. Croix River Tunk Stream Union River The above does not apply to the following activities which may qualify for Category 1 work:

Exploratory drilling and borings for bridges. Moorings (see Appendix A, Page 6 for Category 1 thresholds and requirements) Structures and floats (see Appendix A, Page 7 for Category 1 thresholds and requirements) Other activities specified in a programmatic agreement with NMFS.

1 See Appendix A, Page 1 for definition. 2 See Appendix A, Page 4 for definition. 3 For areas considered occupied by listed Atlantic salmon and/or shortnose sturgeon in Inland Waters and Wetlands, and in Navigable Waters, see: www.nero.noaa.gov/prot_res/altsalmon/dpsmaps.html. Tidal portions of navigable waters occupied by listed Atlantic salmon are more specifically described as those waters from the Kennebec River to its mouth at Merrymeeting Bay, northeast to the Dennys River, including the Androscoggin River upstream to the Brunswick Dam, and other streams northeast of this line to the limit of their tidal reaches.


12. Wild and Scenic Rivers. Any activity that occurs in the designated main stem of, within 0.25 mile up or downstream of the designated main stem of, or in tributaries within .25 miles of the designated main stem of a National Wild and Scenic River, or in “bordering and contiguous wetlands” (see Appendix A, Endnote 1) that are adjacent to the designated main stem of a National Wild and Scenic River, or that has the potential to alter flows within a river within the National Wild and Scenic River System, is not eligible for Category 1 regardless of size of the impacts. This condition applies to both designated Wild and Scenic Rivers and rivers officially designated by Congress as study rivers for possible inclusion while such rivers are in an official study status. National Wild and Scenic Rivers System segments for Maine as of October 2010 include: Allagash River beginning at Telos Dam continuing to Allagash checkpoint at Eliza Hole Rapids, approximately 3 miles upstream of the confluence with the St. John River (length = 92 miles). 13. Federal Navigation Project. Any structure or work that extends closer to the horizontal limits of any Corps Federal Navigation Project (see Appendix F) than a distance of three times the project’s authorized depth shall be subject to removal at the owner’s expense prior to any future Corps dredging or the performance of periodic hydrographic surveys. This is applicable to Category 1 and 2. Reference Appendix A, Page 6 (Moorings) and Page 7 (Structure and Floats). 14. Navigation. (a) There shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein and no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized herein. (b) The permittee understands and agrees that, if future U.S. operations require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the U.S. No claim shall be made against the U.S. on account of any such removal or alteration. 15. Federal Liability. In issuing this permit, the Federal Government does not assume any liability 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 U.S. 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; (e) damage claims associated with any future modification, suspension, or revocation of this permit. 16. Avoidance, Minimization and Compensatory Mitigation. Discharges of dredged or fill material into waters of the U.S., including wetlands, shall be avoided and minimized to the maximum extent practicable through consideration of alternatives. The Corps may require compensatory mitigation of unavoidable direct and secondary impacts associated with Category 2 projects on a case-by-case basis (see Appendix E). 17. Heavy Equipment in Wetlands. Operating heavy equipment other than fixed equipment (drill rigs, fixed cranes, etc.) within wetlands shall be minimized, and such equipment shall not be stored, maintained or repaired in wetlands, to the maximum extent practicable. Where construction requires heavy equipment operation in wetlands, the equipment shall either have low ground pressure


(typically <3 psi), or it shall be placed on swamp/construction/timber mats (herein referred to as “construction mats” and defined at Appendix A, Endnote 4) that are adequate to support the equipment in such a way as to minimize disturbance of wetland soil and vegetation. Construction mats are to be placed in the wetland from the upland or from equipment positioned on swamp mats if working within a wetland. Dragging construction mats into position is prohibited. Other support structures that are capable of safely supporting equipment may be used with written Corps authorization (Category 2 authorization or Individual Permit). Similarly, the permittee may request written authorization from the Corps to waive use of mats during frozen, dry or other conditions. An adequate supply of spill containment equipment shall be maintained on site. 18. Temporary Fill. Temporary fill that qualifies for Category 1 (e.g., <15,000 SF of combined temporary and permanent fill associated with the single and complete project) or is authorized in writing under Category 2, shall adhere to the following: (a) All temporary fill shall be stabilized to prevent its eroding into portions of waters of the U.S., including wetlands, where it is not authorized. (b) Unconfined temporary fill authorized for discharge into waters of the U.S., including wetlands, shall consist of material that minimizes impacts to water quality (e.g. sandbags, clean gravel, stone, aggregate, etc.). (c) Temporary fill authorized for discharge into wetlands should be placed on geotextile fabric or other material (e.g., straw) laid on the pre-construction wetland grade where practicable to minimize impacts. (d) Temporary fill shall be removed as soon as it is no longer needed, disposed of at an upland site, and suitably contained to prevent subsequent erosion into waters of the U.S, including wetlands. To qualify for Category 1, temporary fill placed during the:

i. Growing season must be removed before the beginning of the next growing season. ii. Non-growing season may remain throughout the following growing season, but must be

removed before the beginning of the next growing season. (e) Waters of the U.S., including wetlands, where temporary fill was discharged shall be restored (see GC 19). (f) Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must be placed in a manner that will not be eroded by expected high flows (see GC 21). (g) Construction mats and corduroy roads (see GC 17 above) are considered as temporary fill when they are removed immediately upon work completion. The area must be restored (see GC 19). 19. Work Site Restoration. (a) Wetland areas where permanent disturbance is not authorized shall be restored to their original condition and elevation, which under no circumstances shall be higher than the pre-construction elevation. Original condition means careful protection and/or removal of existing soil and vegetation, and replacement back to the original location such that the original soil layering and vegetation schemes are approximately the same, unless otherwise authorized. (b) Upon completion of construction, all disturbed wetland areas (the disturbance of these areas must be authorized) shall be properly stabilized. Any seed mix shall contain only plant species native to New England and shall not contain any species listed in the “Invasive and Other Unacceptable Plant Species” Appendix in the “New England District Compensatory Mitigation Guidance” (see Appendix E, Paragraph 6). This list may be updated periodically. (c) In areas of authorized temporary disturbance, if trees are cut they shall be cut at ground level and


not uprooted in order to prevent disruption to the wetland soil structure and to allow stump sprouts to revegetate the work area, unless otherwise authorized. 20. Bank Stabilization. (a) Projects involving construction or reconstruction/maintenance of bank stabilization structures within Corps jurisdiction shall be designed to minimize environmental effects, effects to neighboring properties, scour, etc. to the maximum extent practicable. (b) Project proponents must design and construct bank stabilization projects using this sequential minimization process: avoidance of aquatic resource impacts, diversion of overland flow, vegetative stabilization, stone-sloped surfaces, and walls/bulkheads. Vertical walls/bulkheads shall only be used in situations where reflected wave energy can be tolerated. Refer to Appendix E for design guidance. (c) Inland Water bank stabilization activities necessary for erosion prevention must meet all of the following criteria: (i) No material is placed in excess of the minimum needed for erosion protection; (ii) The activity is no more than 500 feet in length along the bank; (iii) The 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; (iv) Structures angled steeper than 1H:1V and any material other than angular or subangular stone or fiber roll revetments require at least a Category 2 review. (v) The activity does not involve discharges of dredged or fill material into special aquatic sites; (vi) No material is of the type, or is placed in any location, or in any manner, to impair surface water flow into or out of any water of the U.S.; (vii) No material is placed in a manner that will be eroded by normal or expected high flows (properly anchored trees and treetops may be used in low energy areas); and, (viii) The activity is not a stream channelization activity. (d) Navigable Water bank stabilization activites are provided at Appendix A, Page 4. 21. Sedimentation and Erosion Control. (a) Adequate sedimentation and erosion control management measures, practices and devices, such as phased construction, installation of sediment control barriers (i.e. silt fence, vegetated filter strips, geotextile silt fences, erosion control mixes, hay bales or other devices) downhill of all exposed areas, retention of existing vegetated buffers, application of temporary mulching during construction, and permanent seeding and stabilization shall be installed and properly maintained to reduce erosion and retain sediment on-site during and after construction. They shall be capable of preventing erosion, of collecting sediment, suspended and floating materials, and of filtering fine sediment. (b) Temporary sediment control barriers shall be removed upon completion of work, but not until all disturbed areas are permanently stabilized. The sediment collected by these sediment barriers shall be removed and placed at an upland location and stabilized to prevent its later erosion into a waterway or wetland. (c) All exposed soil and other fills shall be permanently stabilized at the earliest practicable date (see GC 19).


22. Stream Work and Crossings1. Notes: (a) GC 22(a) and (b) apply to Inland Waters and Wetlands (see Appendix A, Page 1 for definition) and Navigable Waters (see Appendix A, Page 4 for definition). GC 22(c)-(l) only apply to Inland Waters and Wetlands that are streams. All new and replacement crossings in Navigable Waters require an application to the Corps and at least a Category 2 review. (b) In-stream work in a watershed occupied by listed Atlantic salmon or shortnose sturgeon [see GC 10(b)] and some stream work such as crossings on EFH waters (see GC 11) is not eligible for Category 1. (c) “High-Quality Stream Segments” are shown at www.maine.gov/dep/gis/datamaps and may be useful in evaluating impacts to fisheries. GIS shape files are under “Other Google Earth Interactive Maps” and PDFs by county are under “DEP GIS Maps.” See Appendix E, 8(b) for more information. Conditions: (a) All permanent crossings of rivers, streams, brooks, etc. (hereon referred to as “streams”) shall be suitably culverted, bridged, or otherwise designed to i) withstand and to prevent the restriction of high flows to qualify for Category 1, and ii) not obstruct the movement of or not substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, beyond the actual duration of construction unless the activity’s primary purpose is to impound water to qualify for Category 1 or 2. (NOTE: Areas of fill and/or cofferdams must be included in total waterway/wetlands impacts to determine applicability of this GP). (b) Any work that temporarily or permanently impacts upstream or downstream flood conditions, or permanently impacts wetlands in excess of Category 1 thresholds, must be reviewed at least under Category 2. See the documents referenced in Appendix E, 8(c) and (d) for guidance. (c) New Stream Crossings. For new stream crossings to qualify for Category 1:

i. Must ensure compliance with GC 22(a) and GC 22(b) above. ii. Shall be designed and constructed in accordance with the Corps General Stream Crossing

Standards provided on Page 14 and the stream simulation document listed at Appendix E, 8(a). (d) Replacement Stream Crossings. For replacement stream crossings to qualify for Category 1:

i. Must ensure compliance with GC 22(a) and GC 22(b) above. ii. Shall be designed and constructed in accordance with the Corps General Stream Crossing

Standards provided on Page 14 and the stream simulation document listed at Appendix E, 8(a). (e) Culvert Extensions. Culvert extensions on culverts that do not meet the Corps General Stream Crossing Standards do not qualify for Category 1 and require an application to the Corps at least as a Category 2 project. (f) Temporary Stream Crossings. Note: The General Stream Crossing Standards don’t apply to temporary stream crossings.

i. Temporary stream crossings or cofferdams shall be used for equipment access across streams [see Appendix E, 8(e)]. Note: Areas of fill and/or cofferdams must be included in total waterway/wetlands impacts to determine the review category in Appendix A.

ii. Temporary stream crossings shall be removed within 180 days to qualify for Category 1. iii. Temporary stream crossings that are not spans2 (typically culverts) must be designed in

accordance with 1-6 below to qualify for Category 1. Category 2 applications should include information demonstrating 2-6 below:

1 This condition does not apply to non-tidal drainage systems and irrigation ditches excavated on dry land. 2 For the purposes of this GP, spans are bridges, three-sided box culverts, open-bottom culverts or arches that span the stream with footings landward of bankfull width.


1. Installed and removed during the low flow period specified in GC 22(l) below. 2. Placed on geotextile fabric or other material where practicable to ensure restoration to the

original grade. Soil may not be used to construct or stabilize these structures and rock must be large enough to allow for easy removal without disrupting the streambed.

3. Designed and maintained to withstand and pass high flows. Water height should be no higher than the top of the culvert’s inlet. A minimum culvert diameter of two feet is required to pass debris. Culverts must be aligned to prevent bank erosion or streambed scour.

4. Equipped with energy dissipating devices installed downstream if necessary to prevent scour. 5. Designed and maintained to prevent soil from entering the waterbody. 6. Removed upon the completion of work. Impacts to the streambed or banks requires

restoration to their original condition using stream simulation methods1.

(g) Slip Lining. Work using slip lining (retrofitting an existing culvert by inserting a smaller diameter pipe), invert lining, or resulting in decreased diameter, do not qualify for Category 1, either as new work or maintenance activities. (h) Work in Flowing Waters. To qualify for Category 1, no unconfined fill [see GC 18(b)] or excavation in flowing waters is allowed. To accomplish this:

i. Bank stabilization work below ordinary high water (OHW) shall utilize erosion controls such as inflatable cofferdams, jersey barrier, silt screen, turbidity curtain, etc. where practicable to prevent sediment input to the stream and to minimize turbidity and sedimentation impacts for sensitive life stages. Bank stabilization above OHW must utilize erosion controls.

ii. Management techniques such as temporary flume pipes, culverts, cofferdams, etc. must be used to maintain normal flows within the stream boundary’s confines, or water diversions may be used immediately up and downstream of the work footprint (see Appendix A, Endnote 6) or work must be performed in the dry under no flow conditions, or under very low flow conditions following the practices in GC 22(a). (i) Minimization. In order to make the Category 2 review process more efficient and result in a faster decision, new and replacement stream crossings should be designed using the least intrusive and environmentally damaging method following this sequential minimization process: 1) spans with no stream impacts, 2) spans with stream impacts, and 3) embedded culverts with stream simulation or low-slope design. (j) Maintenance Requirements. The permittee shall maintain the work authorized herein in good condition and in conformance with the terms and general conditions of this permit to facilitate aquatic life passage as stated in GC 22(a). Culverts that develop “hanging” inlets or outlets, result in bed washout, or a stream that doesn’t match the characteristics of the substrate in the natural stream channel such as mobility, slope, stability confinement will require maintenance or repair to comply with this GC. This does not apply to GC 22(f) above. (k) Maintenance and Replacement Information. An existing stream crossing must be authorized and in compliance with all conditions of its authorization(s) to qualify for maintenance not subject to regulation. See Appendix A, Endnote 7. A non-serviceable crossing is not eligible for maintenance and is therefore considered as a replacement crossing [see 22(d)]. (l) Work Window. For projects that otherwise meet the terms of Category 1, in-stream construction work shall be conducted during the low flow period July 15 - October 1 in any year. Projects that are not to be conducted during that time period are ineligible for Category 1 and shall be screened pursuant to Category 2, regardless of the waterway and wetland fill and/or impact area. (See next page for Corps General Stream Crossing Standards.)

1 Design and construction shall be in accordance with the stream simulation document listed at Appendix E, 8(a).


Corps General Stream Crossing Standards (required for Category 1, recommended for Category 2): (a) Culverts must be embedded:

≥ 2 feet for box culverts and other culverts with smooth internal walls, ≥ 1 foot for corrugated pipe arches ≥ 1 foot and at least 25 percent for corrugated round pipe culverts

(b) For new crossings, spans1 are required to avoid or cause minimal disruption to the streambed and

to meet the requirements of General Condition 22(a) and 22(b). Footings and abutments must be landward of 1.2 times bankfull width. To the greatest extent practicable, work in the stream shall be minimized, and design and construction shall allow the streambed’s natural structure and integrity to remain intact. Any fill or excavation of the streambed below bankfull width other than footings, support pilings, or work specified in 22(h)ii requires Category 2 review and, unless demonstrated otherwise, stream simulation2 to establish substrate and banks in the span structure and work area as specified in (d) and (e) below. (c) For replacement crossings, spans1

are required to meet the requirements of General Condition 22(a) and 22(b). Footings and abutments shall be landward of 1.2 times bankfull width. Unless demonstrated otherwise, stream simulation2 is required to establish substrate and banks in the span structure and work area as specified in (d) and (e) below. (d) Crossings must have a natural bottom substrate within the structure matching the characteristics of the substrate in the natural stream channel and the banks (mobility, slope, stability, confinement, grain and rock size)2 at the time of construction and over time as the structure has had the opportunity to pass significant flood events. To allow terrestrial passage for wildlife and prevent undermining the footings, crossings shall have a bank on both sides of the stream matching the horizontal profile of the existing stream and banks2. (e) Crossings must be designed and constructed2 with appropriate bed forms and streambed characteristics so that water depths and velocities are comparable to those found in the natural channel at a variety of flows. In order to provide appropriate water depths and velocities at a variety of flows and especially low flows, it is usually necessary to reconstruct the streambed or preserve the natural channel within the structure. Otherwise, the width of the structure needed to accommodate higher flows will create conditions that are too shallow at low flows. The grain and rock size, and arrangement of streambed materials within the structure should be in accordance with (d) above. Flows could go subsurface within the structure if only large material is used without smaller material filling the voids. 23. Wetland Crossings. (a) All temporary and permanent crossings of wetlands shall be suitably culverted, bridged, or otherwise designed to: i) Withstand and prevent the restriction of high flows, ii) Not obstruct the movement of or not substantially disrupt the necessary life-cycle movements of those species of aquatic life indigenous to the wetland, including those species that normally migrate through the area, beyond the actual duration of construction unless the activity’s primary purpose is to impound water. See Appendix E for the Maine DEP’s crossing standards. (b) To qualify for Category 1, new and replacement wetland crossings that are permanent shall be culverted, spanned or bridged in such a manner as to preserve hydraulic and ecological connectivity, at its present level, between the wetlands on either side of the road. To meet this requirement, we

1 For the purposes of this GP, spans are bridges, three-sided box culverts, open-bottom culverts or arches that span the stream with footings landward of bankfull width. 2 Design and construction shall be in accordance with the stream simulation document listed at Appendix E, 8(a).


recommend that culverts, spans or bridges be placed at least every 50 feet with an opening at least 2 feet high and 3 feet wide at ground level where practicable. Closed bottom culverts shall be embedded at least 6 inches with a natural bottom. (c) In the case of non-compliance, the permittee shall take necessary measures to correct wetland damage due to lack of hydraulic and ecological connectivity. (d) Any work that results in flooding, results in impacts to wetlands on either side of the wetland crossing in excess of Category 1 thresholds, or impacts wetland drainage from the upgradient side of the wetland crossing does not qualify for Category 1. 24. Discharge of Pollutants. (a) All activities involving any discharge of pollutants into waters of the U.S., including wetlands, authorized under this GP shall be consistent with applicable water quality standards, effluent limitations, standards of performance, prohibitions, and pretreatment standards and management practices established pursuant to the Clean Water Act (CWA) (33 USC 1251), and applicable state and local laws. If applicable water quality standards, limitations, etc., are revised or modified during the term of this GP, the authorized work shall be modified to conform with these standards within six months of the effective date of such revision or modification, or within a longer period of time deemed reasonable by the Corps in consultation with the EPA. Issuance of a LURC or DEP NRPA permit confirms that state water quality standards are met. (b) All projects authorized by this GP shall be designed, constructed and operated to minimize or eliminate the discharge of pollutants. (c) All activities involving any discharge of pollutants into waters of the U.S., including wetlands, authorized under this GP must comply with Section 402 [33 U.S.C. 1342] of the CWA and the requirements of the National Pollutant Discharge Elimination System (40 CFR 122). 25. Spawning, Breeding and Migratory Areas. Activities and impacts such as excavations, discharges of dredged or fill material, and/or suspended sediment producing activities, in fish migratory areas, fish and shellfish spawning or nursery areas, or amphibian and migratory bird breeding areas, during spawning or breeding seasons shall be avoided and minimized to the maximum extent practicable. 26. Storage of Seasonal Structures. Coastal structures, such as pier sections and floats, that are removed from the waterway for a portion of the year (often referred to as seasonal structures) shall be stored in an upland location located above mean high water (MHW) and not in tidal wetlands or mudflats. These seasonal structures may be stored on the fixed, pile-supported portion of the structure that is seaward of MHW. This is intended to prevent structures from being stored on the marsh substrate, mudflats, or the substrate seaward of MHW. Seasonal storage of structures in navigable waters, e.g., in a protected cove on a mooring, requires Corps and local harbormaster approval. 27. Environmental Functions and Values. The permittee shall make every reasonable effort to carry out the construction or operation of the work authorized herein in a manner that maintains as much as is practicable, and minimize any adverse impacts on existing fish, wildlife, and natural environmental functions and values.


28. Protection of Vernal Pools (VPs). (a) Impacts to VP Management Areas1 for all VPs on, and known VPs surrounding, the project site shall be minimized to the maximum extent practicable. (b) The following management practices must be followed for all work within the VP Management Area (750’ of a VP’s edge) of all VPs in order to qualify for Category 1 when there is fill placed in a water of the U.S., including wetlands:

i. Similar to the DEP’s Significant Wildlife Habitat regulations2: 1. No disturbance within the VP Depression or VP Envelope (area within 100 feet of the VP

Depression’s edge)3; 2. Maintain a minimum of 75% of the Critical Terrestrial Habitat (area within 100-750 feet of

the VP Depression’s edge) as unfragmented forest with at least a partly-closed canopy of overstory trees to provide shade, deep litter and woody debris3;

3. Maintain or restore forest corridors connecting wetlands and significant vernal pools; 4. Minimize forest floor disturbance; and 5. Maintain native understory vegetation and downed woody debris.

ii. Cape Cod style-curbing or no curbing options shall be used on new roads to facilitate amphibian passage2. (c) For work not complying with the requirements in (b) above, applicants shall submit an application to the Corps for at least Category 2 review with information on directional buffers in accordance with the VP Directional Buffer Guidance document2. Conservation of the unimpacted area within the VP Management Area will often be required. (d) GC 2 requires applicants to delineate or approximately identify on the project plans all waters of the U.S., which include vernal pools. Appendix A, Page 1 lists VP Category 1 thresholds. 29. Invasive Species. (a) The introduction, spread, or the increased risk of invasion of invasive plant or animal species on the project site, into new or disturbed areas, or areas adjacent to the project site caused by the site work is prohibited (see Appendix E, Paragraph 6). (b) Unless otherwise directed by the Corps, all applications for Category 2 inland projects and Category 2 coastal fill projects proposing fill in Corps jurisdiction shall include an Invasive Species Control Plan (ISCP) (see Appendix E, Paragraph 6). 30. Cranberry Development Projects. For cranberry development projects authorized under the GP, the following conditions apply: (a) If a cranberry bog is abandoned for any reason, the area must be allowed to revert to natural wetlands unless an Individual Permit is obtained from the Corps allowing the discharge of fill for an alternate use.

1 The Corps VP Management Area, which includes the VP and a750’ radius from the VP’s edge, is defined at Appendix A, Endnote 5. 2 Appendix E, 10(a)-(d) provides links to the state’s Significant Wildlife Habitat regulations and references that provide impact minimization measures to reference when designing projects. 3 The no disturbance requirement in the VP envelope [see (b)(i)(1)], and (b)(i)(2), do not apply to temporary impacts associated with construction mats in previously disturbed areas of existing utility project (e.g., transmission lines, gas pipelines) or linear transportation project (e.g., roads, highways, railways, trails, airport runways and taxiways) right-of-ways provided there is a Vegetation Management Plan that avoids, minimizes and mitigates impacts to aquatic resources.


(b) No stream diversion shall be allowed under Category 1 of this GP. (c) No impoundments of intermittent or perennial streams shall be allowed under Category 1 and an application to the Corps is required for at least Category 2 review. (d) The project shall be designed and constructed to not cause flood damage on adjacent properties. 31. Inspections. The permittee shall allow the Corps to make periodic inspections at any time deemed necessary in order to ensure that the work is being or has been performed in accordance with the terms and conditions of this GP. The Corps may also require post-construction engineering drawings for completed work or post-dredging survey drawings for any dredging work. To facilitate these inspections, the permittee shall complete and return to the Corps: For Category 1 projects, the Category 1 Notification Form (Appendix B). For Category 2 projects, the 1) Work-Start Notification Form and 2) Compliance Certification

Form whenever either is provided with a Category 2 authorization letter. 32. Maintenance. (a) The permittee shall maintain the work authorized herein in good condition and in conformance with the terms and general conditions of this permit. (b) This does not include maintenance of dredging projects. Each maintenance dredging event exceeding the Category 1 thresholds (see Appendix A, Page 6) requires a new written Corps authorization unless an unexpired, written Corps authorization specifies that the permittee may “dredge and maintain” an area for a particular time period. Category 1 or 2 maintenance dredging includes only those areas and depths previously authorized and dredged. (c) Some maintenance activities may not be subject to regulation under Section 404 in accordance with 33 CFR 323.4(a)(2) (see Appendix A, Endnote 7). 33. Property Rights. This PGP does not convey any property rights, either in real estate or material, or any exclusive privileges, nor does it authorize any injury to property or invasion of rights or any infringement of Federal, State, or local laws or regulations. 34. Transfer of GP Verifications. When the structures or work authorized by this GP are still in existence at the time the property is transferred, the terms and conditions of this GP, including any special conditions, will continue to be binding on the entity or individual who received the GP verification, as well as the new owner(s) of the property. The permittee may transfer responsibilities and obligations under the GP verification to the new owner by submitting a letter to the Corps (see Appendix D for address) to validate the transfer. A copy of the GP verification must be attached to the letter and the letter must contain the following statement and signature: “When the structures or work authorized by this GP are still in existence at the time the property is transferred, the terms and conditions of this GP, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this GP and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” 35. Modification, Suspension, and Revocation. This GP or any work authorized under Category 1 or 2 may be either modified, suspended, or revoked, in whole or in part, pursuant to the policies and procedures of 33 CFR 325.7. Any such action shall not be the basis for any claim for damages against the United States. 36. Restoration Directive. The permittee, upon receipt of a notice of revocation of authorization under this GP, shall restore the wetland or waterway to its former condition without expense to the United States and as directed by the Secretary of the Army or his authorized representative. If the permittee fails

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gene

ral c

ondi

tion

s (P

ages

5–1

8).

AC

TIV

ITY

C

AT

EG

OR

Y 1

C

AT

EG

OR

Y 2

(a)

NE

W F

ILL

/ E

XC

AV

AT

ION

D

ISC

HA

RG

ES

(Y

ou m

ust r

efer

ence

(b

) –

(e)

belo

w f

or

othe

r th

resh

olds

that

m

ay b

e re

leva

nt to

yo

ur p

roje

ct.)

1. <

15,0

00 s

quar

e fe

et (

SF

) (i

n L

UR

C o

r D

EP

terr

itor

ies)

of

inla

nd

wat

erw

ay a

nd/o

r w

etla

nd f

ill a

nd a

ssoc

iate

d se

cond

ary

impa

cts2 (

e.g.

, ar

eas

drai

ned,

flo

oded

, fra

gmen

ted,

mec

hani

call

y cl

eare

d or

exc

avat

ed).

F

ill a

rea

incl

udes

all

tem

pora

ry a

nd p

erm

anen

t fil

l, an

d re

gula

ted

disc

harg

es a

ssoc

iate

d w

ith

exca

vati

on.

Con

stru

ctio

n m

ats

are

cons

ider

ed a

s fi

ll. [

See

Gen

eral

Con

ditio

n (G

C)

18(g

).]

Pro

vide

d:

H

isto

ric

fill

+ p

ropo

sed

impa

ct a

rea

<15

,000

SF

and

subd

ivis

ion

fill

com

plie

s w

ith

GC

5, S

ingl

e an

d C

ompl

ete

Pro

ject

s.

N

o w

ork

in s

peci

al a

quat

ic s

ites

(S

AS

)4 ot

her

than

wet

land

s.

2. C

onst

ruct

ion

mat

s4 of

any

area

nec

essa

ry to

con

duct

act

ivit

ies

that

w

ere

prev

ious

ly a

utho

rize

d, a

utho

rize

d un

der

Cat

egor

y 1,

or

not

subj

ect t

o re

gula

tion

(se

e E

ndno

te 7

). A

utho

rize

d co

nstr

ucti

on m

ats

mus

t be

in p

lace

for

<3

mon

ths,

rem

oved

imm

edia

tely

upo

n w

ork

com

plet

ion,

and

the

wet

land

s m

ust b

e re

stor

ed (

see

GC

19)

. 3.

For

wor

k in

Ver

nal P

ool (

VP

) M

anag

emen

t Are

as (

incl

udes

VP

s)5 :

S

ee G

C 2

and

App

endi

x C

for

VP

del

inea

tion

req

uire

men

ts.

S

ee G

C 2

8 to

det

erm

ine

if w

ork

qual

ifie

s fo

r C

ateg

ory

1 or

2.

S

ee A

ppen

dix

E, P

age

3 fo

r V

P d

ocum

ents

pro

vidi

ng m

itig

atio

n gu

idan

ce.

1. ≥

15,0

00 s

quar

e fe

et (

SF

) (i

n L

UR

C o

r D

EP

terr

itor

ies)

to

<3

acre

s of

inla

nd w

ater

way

and

/or

wet

land

fil

l and

as

soci

ated

sec

onda

ry im

pact

s (e

.g.,

area

s dr

aine

d,

floo

ded,

fra

gmen

ted,

or

exca

vate

d). F

ill a

rea

incl

udes

all

te

mpo

rary

and

per

man

ent f

ill,

and

regu

late

d di

scha

rges

as

soci

ated

wit

h ex

cava

tion

. M

echa

nica

l cle

arin

g w

itho

ut

grub

bing

or

othe

r so

il d

istu

rban

ce >

3 ac

res

as a

sec

onda

ry

impa

ct m

ay s

till

be

elig

ible

for

Cat

egor

y 2

at th

e di

scre

tion

of

the

Cor

ps.

2. S

peci

fic

acti

viti

es w

ith

impa

cts

of a

ny a

rea ≥1

5,00

0 S

F

requ

ired

to a

ffec

t the

con

tain

men

t, st

abil

izat

ion,

or

rem

oval

of

haza

rdou

s or

toxi

c w

aste

mat

eria

ls th

at a

re

perf

orm

ed, o

rder

ed, o

r sp

onso

red

by a

gov

ernm

ent

agen

cy w

ith

esta

blis

hed

lega

l or

regu

lato

ry a

utho

rity

. W

etla

nds

mus

t be

rest

ored

in p

lace

. 3.

Tem

pora

ry s

truc

ture

s, w

ork,

and

dis

char

ges

(inc

ludi

ng

cons

truc

tion

mat

s4 ) ≥1

5,00

0 S

F n

eces

sary

for

co

nstr

ucti

on a

ctiv

itie

s or

acc

ess

fill

s or

dew

ater

ing

of

cons

truc

tion

sit

es, p

rovi

ded

that

the

asso

ciat

ed p

rim

ary

acti

vity

is a

utho

rize

d by

the

Cor

ps, a

utho

rize

d un

der

Cat

egor

y 1,

or

not s

ubje

ct to

Cor

ps r

egul

atio

n.

GC

s 16

-19

are

par

ticu

larl

y re

leva

nt.

See

GC

2 a

nd A

ppen

dix

C f

or w

etla

nd d

elin

eati

on

requ

irem

ents

.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

2

AC

TIV

ITY

C

AT

EG

OR

Y 1

C

AT

EG

OR

Y 2

(b

) B

AN

K

ST

AB

ILIZ

AT

ION

P

RO

JEC

TS

1. I

nlan

d ba

nk s

tabi

liza

tion

<50

0 F

T lo

ng a

nd <

1 C

Y o

f fi

ll p

er li

near

foo

t be

low

OH

W, p

rovi

ded:

≤1

cub

ic y

ard

of f

ill p

er li

near

foo

t pla

ced

alon

g th

e ba

nk w

ater

war

d of

or

dina

ry h

igh

wat

er.

W

ork

com

plie

s w

ith

the

GC

s (G

C 2

0 in

par

ticu

lar)

, inc

ludi

ng:

o

No

stru

ctur

es a

ngle

d st

eepe

r th

an 1

H:1

V a

llow

ed.

Onl

y ro

ugh-

face

d st

one

or f

iber

rol

l rev

etm

ents

all

owed

. o

N

o in

-str

eam

wor

k in

volv

ing

fill

or

exca

vati

on in

flo

win

g w

ater

s

(see

GC

22(

h)).

In-s

trea

m w

ork

lim

ited

to J

ul 1

5 -

Oct

1 [

see

GC

22

(l)]

.

No

wor

k in

ver

nal p

ools

5 or

SA

S3 .

G

C 1

0 E

ndan

gere

d S

peci

es a

nd G

C 1

1 E

ssen

tial

Fis

h H

abit

at a

re

part

icul

arly

rel

evan

t.

1. I

nlan

d ba

nk s

tabi

liza

tion

≥50

0 F

T lo

ng a

nd/o

r ≥1

CY

of

fill

per

line

ar f

oot,

or a

ny a

mou

nt w

ith

fill

in w

etla

nds.

(c)

RIV

ER

/ S

TR

EA

M/ B

RO

OK

W

OR

K &

C

RO

SS

ING

S

and

W

ET

LA

ND

C

RO

SS

ING

S

1. R

iver

, str

eam

and

bro

ok w

ork

and

cros

sing

s:

M

ust c

ompl

y w

ith

GC

22

in p

arti

cula

r, in

clud

ing:

o

No

slip

lini

ng [

see

GC

22

(g)]

. o

No

in-s

trea

m w

ork

invo

lvin

g fi

ll o

r ex

cava

tion

in f

low

ing

wat

ers

[see

GC

22(

h)].

o

In-s

trea

m w

ork

lim

ited

to J

ul 1

5 -

Oct

1 [

see

GC

22

(l)]

.

No

wor

k in

rif

fles

and

poo

ls3 .

N

o st

ream

rel

ocat

ions

.

No

dam

s or

dik

es6 .

W

ork

in a

reas

des

igna

ted

as A

tlan

tic

salm

on c

riti

cal h

abit

at o

r oc

cupi

ed b

y li

sted

Atl

anti

c sa

lmon

, or

any

othe

r ar

ea o

ccup

ied

by a

li

sted

spe

cies

is n

ot e

ligi

ble

for

Cat

egor

y 1

(see

GC

10)

.

No

wor

k in

EF

H s

trea

ms

exce

pt f

or th

e ac

tivi

ties

sta

ted

in G

C 1

1.

2. W

etla

nd c

ross

ings

mus

t com

ply

wit

h th

e pa

rtic

ular

ly r

elev

ant G

C 2

3.

1. W

ork

not q

uali

fyin

g fo

r C

ateg

ory

1.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

3

AC

TIV

ITY

C

AT

EG

OR

Y 1

C

AT

EG

OR

Y 2

(d)

RE

PA

IR,

RE

PL

AC

EM

EN

T,

&

MA

INT

EN

AN

CE

O

F A

UT

HO

RIZ

ED

F

ILL

S

1. R

epai

r or

mai

nten

ance

of

exis

ting

, cur

rent

ly s

ervi

ceab

le, a

utho

rize

d fi

lls

wit

h no

exp

ansi

on o

r ch

ange

in u

se:

C

ondi

tion

s of

the

orig

inal

aut

hori

zati

on a

pply

Min

or d

evia

tions

in f

ill d

esig

n al

low

ed.7

T

he r

epai

r, r

ehab

ilit

atio

n, o

r re

plac

emen

t of

thos

e st

ruct

ures

or

fill

s de

stro

yed

or d

amag

ed b

y st

orm

s, f

lood

s, f

ire

or o

ther

dis

cret

e ev

ents

is a

utho

rize

d, p

rovi

ded

the

repa

ir, r

ehab

ilit

atio

n, o

r re

plac

emen

t is

com

men

ced,

or

is u

nder

con

trac

t to

com

men

ce,

wit

hin

two

year

s of

the

date

of

thei

r de

stru

ctio

n or

dam

age.

2. R

epla

cem

ent o

f no

n-se

rvic

eabl

e fi

lls,

or

repa

ir/m

aint

enan

ce o

f se

rvic

eabl

e fi

ll, w

ith

expa

nsio

n <

3 ac

res,

or

wit

h a

chan

ge in

use

.

(e)

MIS

CE

LL

-A

NE

OU

S

1. A

ctiv

itie

s re

quir

ed f

or th

e co

ntai

nmen

t and

cle

anup

of

oil a

nd

haza

rdou

s su

bsta

nces

that

are

sub

ject

to th

e N

atio

nal O

il a

nd H

azar

dous

S

ubst

ance

s P

ollu

tion

Con

tinge

ncy

Pla

n (4

0 C

FR

300

) pr

ovid

ed th

at th

e w

ork

is d

one

in a

ccor

danc

e w

ith

the

Spi

ll C

ontr

ol a

nd C

ount

erm

easu

re

Pla

n re

quir

ed b

y 40

CF

R 1

12.3

and

any

exi

stin

g st

ate

cont

inge

ncy

plan

an

d pr

ovid

ed th

at th

e R

egio

nal R

espo

nse

Tea

m (

if o

ne e

xist

s in

the

area

) co

ncur

s w

ith

the

prop

osed

con

tain

men

t and

cle

anup

act

ion.

SA

S3 mus

t ty

pica

lly

be r

esto

red

in p

lace

at t

he s

ame

elev

atio

n.

2. S

cien

tifi

c m

easu

rem

ent d

evic

es w

hose

pur

pose

is to

mea

sure

and

re

cord

sci

enti

fic

data

, suc

h as

sta

ff g

ages

, wat

er r

ecor

ding

dev

ices

, wat

er

qual

ity te

stin

g an

d im

prov

emen

t dev

ices

, and

sim

ilar

str

uctu

res.

Thi

s ex

clud

es a

ny b

iolo

gica

l sam

plin

g de

vice

s. S

truc

ture

s m

ay n

ot r

estr

ict

mov

emen

t of

aqua

tic

orga

nism

s.

3. S

urve

y ac

tivi

ties

, suc

h as

cor

e sa

mpl

ing,

sei

smic

exp

lora

tory

op

erat

ions

, plu

ggin

g of

sei

smic

sho

t hol

es a

nd o

ther

exp

lora

tory

-typ

e bo

re h

oles

, exp

lora

tory

tren

chin

g, s

oil s

urve

ys, s

ampl

ing,

and

his

tori

c re

sour

ces

surv

eys

(but

not

rec

over

y).

Exp

lora

tory

tren

ches

mus

t be

rest

ored

in a

ccor

danc

e w

ith

GC

19.

The

con

stru

ctio

n of

tem

pora

ry p

ads

is a

utho

rize

d pr

ovid

ed th

e di

scha

rge

does

n’t e

xcee

d 25

CY

. T

his

does

n’t a

utho

rize

per

man

ent s

truc

ture

s or

the

dril

ling

and

the

disc

harg

e of

exc

avat

ed m

ater

ial f

rom

test

wel

ls f

or o

il a

nd g

as e

xplo

rati

on (

the

plug

ging

of

such

wel

ls is

aut

hori

zed)

.

4. A

ny w

ork

not c

omm

ence

d no

r co

mpl

eted

that

was

aut

hori

zed

in a

w

ritt

en le

tter

fro

m th

e C

orps

und

er th

e P

GP

in e

ffec

t bet

wee

n O

ctob

er

11, 2

005

and

Oct

ober

11,

201

0. T

he te

rms

and

gene

ral c

ondi

tion

s of

this

G

P a

pply

alo

ng w

ith

any

spec

ial c

ondi

tion

s in

the

wri

tten

aut

hori

zati

on.

1. A

quat

ic h

abit

at r

esto

rati

on, e

stab

lish

men

t, an

d en

hanc

emen

t of

wet

land

s an

d ri

pari

an a

reas

and

the

rest

orat

ion

and

enha

ncem

ent o

f st

ream

s an

d ot

her

open

w

ater

s w

ith

impa

cts

of a

ny a

rea ≥1

5,00

0 S

F, p

rovi

ded

thos

e ac

tivi

ties

res

ult i

n ne

t inc

reas

e in

ove

rall

aqu

atic

res

ourc

e fu

ncti

ons

and

serv

ices

.8

2. P

roje

cts

whe

re a

n E

IS is

req

uire

d by

the

Cor

ps a

re n

ot

elig

ible

for

Cat

egor

y 2.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

4

II. N

AV

IGA

BL

E

WA

TE

RS

Nav

igab

le W

ater

s of

th

e U

nit

ed S

tate

s: W

ater

s th

at a

re s

ubje

ct to

the

ebb

and

flow

of

the

tide

and

/or

the

tidal

and

non

-tid

al

port

ions

of

the

Fed

eral

ly d

esig

nate

d na

viga

ble

wat

ers

(the

Pen

obsc

ot R

iver

, Ken

nebe

c R

iver

, and

Lak

e U

mba

gog)

(S

ecti

on 1

0 R

iver

s an

d H

arbo

rs A

ct o

f 18

99).

The

juri

sdic

tiona

l lim

its

are

the

mea

n hi

gh w

ater

(M

HW

) li

ne in

tida

l wat

ers

and

the

ordi

nary

hig

h w

ater

(O

HW

) m

ark

in n

on-t

idal

por

tion

s of

the

fede

rall

y de

sign

ated

nav

igab

le r

iver

s. F

or th

e pu

rpos

es o

f th

is G

P, f

ill p

lace

d in

the

area

be

twee

n th

e m

ean

high

wat

er (

MH

W)

and

the

high

tide

line

(H

TL

), a

nd in

the

bord

erin

g an

d co

ntig

uous

wet

land

s1 to ti

dal w

ater

s ar

e al

so r

evie

wed

in th

is N

avig

able

Wat

ers

sect

ion.

P

roje

cts

not m

eeti

ng C

ateg

ory

1 re

quir

e an

app

lica

tion

for

rev

iew

as

a C

ateg

ory

2 or

Ind

ivid

ual P

erm

it p

roje

ct.

All

Cat

egor

y 1

and

2 pr

ojec

ts m

ust c

ompl

y w

ith

all o

f th

is G

P’s

appl

icab

le te

rms

(Pag

es 1

- 4

) an

d ge

nera

l con

diti

ons

(Pag

es 5

- 1

8).

AC

TIV

ITY

C

AT

EG

OR

Y 1

CA

TE

GO

RY

2

(a)

FIL

L

1. D

isch

arge

s of

dre

dged

or

fill

mat

eria

l inc

iden

tal t

o th

e co

nstr

ucti

on

of b

ridg

es a

cros

s na

viga

ble

wat

ers

of th

e U

.S.,

incl

udin

g co

ffer

dam

s,

abut

men

ts, f

ound

atio

n se

als,

pie

rs, a

nd te

mpo

rary

con

stru

ctio

n an

d ac

cess

fil

ls p

rovi

ded

the

U.S

. Coa

st G

uard

aut

hori

zes

such

dis

char

ges

as p

art o

f th

e br

idge

per

mit

or

appr

opri

ate

appr

oval

. C

ause

way

s an

d ap

proa

ch f

ills

are

not

incl

uded

in th

is c

ateg

ory

and

requ

ire

Cat

egor

y 2

or I

ndiv

idua

l Per

mit

aut

hori

zati

on.

2. B

ank

stab

iliza

tion

pro

ject

s <

200

line

ar f

eet:

≤1

cub

ic y

ard

of f

ill p

er li

near

foo

t pla

ced

alon

g th

e ba

nk

wat

erw

ard

of h

igh

tide

line

. N

o fi

ll o

r eq

uipm

ent w

ill o

ccur

in

SA

S3 .

W

ork

cond

ucte

d in

the

inte

rtid

al z

one

mus

t be

cond

ucte

d in

-the

-dr

y du

ring

low

wat

er, o

r be

twee

n N

ov. 8

– A

pr. 9

.

No

stru

ctur

es a

ngle

d st

eepe

r th

an 1

H:1

V a

nd o

nly

roug

h-fa

ced

ston

e or

fib

er r

oll r

evet

men

ts a

llow

ed.

N

o dr

ivin

g of

pil

es o

r sh

eeti

ng.

3. F

or 1

and

2 a

bove

:

Pro

ject

pro

pone

nts

mus

t con

tact

the

US

FW

S f

or w

ork

on c

oast

al

beac

hes

to e

nsur

e no

impa

cts

to p

ipin

g pl

over

s, r

osea

te te

rns

or

thei

r ha

bita

t [se

e G

C 1

0(b)

ii].

1. <

1 ac

re te

mpo

rary

or

perm

anen

t fil

l, ex

cava

tion

and

/or

seco

ndar

y im

pact

s (e

.g.,

area

s dr

aine

d, f

lood

ed, f

ragm

ente

d or

mec

hani

call

y cl

eare

d).

Fil

l are

a in

clud

es a

ll te

mpo

rary

an

d pe

rman

ent w

ater

way

fil

ls, p

rovi

ded:

Tem

pora

ry o

r pe

rman

ent f

ill i

n ee

lgra

ss14

<10

00 S

F.

P

erm

anen

t fil

l in

SA

S (

excl

udin

g ee

lgra

ss14

) <

4300

SF

.

(b)

ST

RE

AM

WO

RK

&

CR

OS

SIN

GS

, an

d W

ET

LA

ND

C

RO

SS

ING

S

1. N

o ne

w f

ill f

or c

ross

ings

all

owed

.

1. N

ew c

ross

ings

or

repl

acem

ent c

ross

ings

that

do

not f

it th

e (c

) R

epai

r an

d M

aint

enan

ce a

ctiv

ity

belo

w.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

5

AC

TIV

ITY

C

AT

EG

OR

Y 1

CA

TE

GO

RY

2

(c)

RE

PA

IR A

ND

M

AIN

TE

NA

NC

E

WO

RK

1. R

epai

r, r

epla

cem

ent i

n-ki

nd, o

r m

aint

enan

ce7 o

f ex

isti

ng, c

urre

ntly

se

rvic

eabl

e7 , aut

hori

zed

stru

ctur

es o

r fi

lls:

Con

diti

ons

of th

e or

igin

al a

utho

riza

tion

app

ly.

N

o su

bsta

ntia

l exp

ansi

on o

r ch

ange

in u

se.

M

ust b

e re

built

in s

ame

foot

prin

t, ho

wev

er m

inor

dev

iati

ons

in

stru

ctur

e de

sign

all

owed

7 .

The

rep

air,

reh

abil

itat

ion,

or

repl

acem

ent o

f th

ose

stru

ctur

es o

r fi

lls

dest

roye

d or

dam

aged

by

stor

ms,

flo

ods,

fir

e or

oth

er d

iscr

ete

even

ts is

au

thor

ized

, pro

vide

d th

e re

pair

, reh

abil

itat

ion,

or

repl

acem

ent i

s co

mm

ence

d, o

r is

und

er c

ontr

act t

o co

mm

ence

, wit

hin

two

year

s of

the

date

of

thei

r de

stru

ctio

n or

dam

age.

Min

or d

evia

tion

s fo

r w

ork

invo

lvin

g pi

les

shal

l adh

ere

to o

ne o

f th

e 4

met

hods

in a

- d

bel

ow:

a. P

iles

inst

alle

d in

-the

-dry

dur

ing

low

wat

er o

r in

-wat

er b

etw

een

N

ov. 8

th -

Apr

. 9th, o

r b

. M

ust b

e dr

ille

d an

d pi

nned

to le

dge,

or

c. V

ibra

tory

ham

mer

s us

ed to

inst

all a

ny s

ize

and

quan

tity

of w

ood,

co

ncre

te o

r st

eel p

iles

, or

d.

Impa

ct h

amm

ers

lim

ited

to o

ne h

amm

er a

nd <

50 p

iles

inst

alle

d/da

y w

ith

the

foll

owin

g: w

ood

pile

s of

any

siz

e, c

oncr

ete

pile

s ≤1

8-in

ches

dia

met

er, s

teel

pil

es <

12-i

nche

s di

amet

er if

the

ham

mer

is

≤300

0 lb

s an

d a

woo

d cu

shio

n is

use

d be

twee

n th

e ha

mm

er a

nd

stee

l pil

e, a

nd

F

or b

– d

abo

ve:

o

In-w

ater

noi

se le

vels

sha

ll n

ot e

xcee

d >

187d

B S

EL

re

1µP

a or

20

6dB

pea

k re

1µ

Pa

at a

dis

tanc

e >

10m

fro

m th

e pi

le b

eing

in

stal

led.

, and

o

In

-wat

er n

oise

leve

ls >

155d

B p

eak

re 1

µP

a sh

all n

ot e

xcee

d 12

co

nsec

utiv

e ho

urs

on a

ny g

iven

day

and

a 1

2 ho

ur r

ecov

ery

peri

od (

i.e.,

in-w

ater

noi

se b

elow

155

dB p

eak

re 1

µP

a) m

ust b

e pr

ovid

ed b

etw

een

wor

k da

ys.

F

or a

– d

abo

ve:

o

Wor

k is

not

eli

gibl

e fo

r C

ateg

ory

1 if

con

duct

ed in

tida

l por

tion

s of

the

Pen

obsc

ot r

iver

ups

trea

m o

f a

line

ext

endi

ng f

rom

Tur

ner

poin

t in

Cas

tine

to M

oose

Poi

nt (

form

erly

squ

aw p

oint

) on

Cap

e Je

llis

on in

Sto

ckto

n Sp

ring

s or

in ti

dal p

orti

ons

of th

e K

enne

bec

or A

ndro

scog

gin

Riv

ers

upst

ream

of

a li

ne e

xten

ding

fro

m

Dou

blin

g po

int i

n A

rrow

sic

to H

ospi

tal P

oint

in W

est B

ath.

1. R

epla

cem

ent o

f no

n-se

rvic

eabl

e st

ruct

ures

and

fi

lls

or r

epai

r/m

aint

enan

ce o

f se

rvic

eabl

e st

ruct

ures

or

fil

ls, w

ith

fill

, rep

lace

men

t or

expa

nsio

n <

1 ac

re,

or w

ith

a ch

ange

in u

se.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

6

AC

TIV

ITY

C

AT

EG

OR

Y 1

C

AT

EG

OR

Y 2

(d)

DR

ED

GIN

G

AN

D

AS

SO

CIA

TE

D

DIS

PO

SA

L

1. M

aint

enan

ce d

redg

ing10

for

nav

igat

iona

l pur

pose

s <

1,00

0 C

Y w

ith

upla

nd d

ispo

sal.

Inc

lude

s re

turn

wat

er f

rom

upl

and

cont

aine

d di

spos

al

area

, pro

vide

d:

P

rope

r si

ltat

ion

cont

rols

are

use

d.

D

redg

ing

& d

ispo

sal o

pera

tion

lim

ited

to N

ov. 8

– A

pr. 9

.

No

impa

ct to

SA

S3 .

N

o dr

edgi

ng in

inte

rtid

al a

reas

.

No

dred

ging

in a

reas

con

side

red

occu

pied

by

list

ed A

tlan

tic

salm

on

[see

GC

10(

b)(i

i)].

For

dre

dgin

g in

wat

ers

outs

ide

of A

tlan

tic

salm

on c

riti

cal h

abit

at,

appl

ican

ts m

ust c

onta

ct N

MF

S (

App

endi

x D

) to

ens

ure

no im

pact

s to

list

ed s

peci

es s

uch

as s

hort

nose

stu

rgeo

n.

P

roje

ct p

ropo

nent

s m

ust c

onta

ct th

e U

SF

WS

for

wor

k on

coa

stal

be

ache

s to

ens

ure

no im

pact

s to

pip

ing

plov

ers,

ros

eate

tern

s or

th

eir

habi

tat [

see

GC

10(

c)].

1. M

aint

enan

ce d

redg

ing10

≥1,

000

CY

, new

dre

dgin

g <

25,0

00

CY

, or

proj

ects

not

mee

ting

Cat

egor

y 1.

Inc

lude

s re

turn

wat

er

from

upl

and

cont

aine

d di

spos

al a

reas

. D

ispo

sal i

nclu

des:

Upl

and.

Bea

ch n

ouri

shm

ent (

abov

e m

ean

high

wat

er)

of a

ny a

rea

prov

ided

dre

dgin

g’s

prim

ary

purp

ose

is n

avig

atio

n or

sa

nd is

fro

m a

n up

land

sou

rce.

Ope

n w

ater

& c

onfi

ned

aqua

tic

disp

osal

, if

Cor

ps f

inds

th

e m

ater

ial s

uita

ble.

2. B

each

nou

rish

men

t ass

ocia

ted

wit

h dr

edgi

ng w

hen

the

prim

ary

purp

ose

is n

ot n

avig

atio

n re

quir

es a

t lea

st a

Cat

egor

y 2

revi

ew.

3. M

aint

enan

ce o

r ne

w d

redg

ing10

and

/or

disp

osal

in o

r af

fect

ing

a S

AS

3 req

uire

s an

Ind

ivid

ual P

erm

it.

See

II(

a)

abov

e fo

r dr

edge

dis

posa

l in

wet

land

s or

wat

ers.

(e)

MO

OR

ING

S

1. P

riva

te, n

on-c

omm

erci

al, n

on-r

enta

l, si

ngle

-boa

t moo

ring

s, p

rovi

ded:

Aut

hori

zed

by th

e lo

cal h

arbo

rmas

ter/

tow

n.

N

ot a

ssoc

iate

d w

ith

any

boat

ing

faci

lity

.11

B

oat o

r m

oori

ng n

ot lo

cate

d in

a F

eder

al N

avig

atio

n Pr

ojec

t12 o

ther

th

an a

Fed

eral

Anc

hora

ge12

. M

oori

ngs

in F

eder

al A

ncho

rage

not

as

soci

ated

wit

h a

boat

ing

faci

lity

11 an

d ar

e no

t for

ren

t.

No

inte

rfer

ence

wit

h na

viga

tion

.

No

new

moo

ring

s lo

cate

d in

SA

S3 .

Pri

or to

inst

alla

tion

of

moo

ring

s, a

sit

e-sp

ecif

ic e

elgr

ass

surv

ey s

houl

d be

con

duct

ed to

do

cum

ent t

hat e

elgr

ass

is n

ot p

rese

nt.

W

hen

exis

ting

, aut

hori

zed

moo

ring

s in

SA

S3 ar

e go

ing

to b

e re

plac

ed, t

hey

shal

l be

repl

aced

wit

h el

asti

c m

oori

ng s

yste

ms

that

pr

even

t moo

ring

cha

ins

from

res

ting

or

drag

ging

on

the

bott

om

subs

trat

e at

all

tide

s an

d he

lica

l anc

hors

, or

equi

vale

nt S

AS

pr

otec

tion

sys

tem

s w

here

pra

ctic

able

. 2.

Min

or r

eloc

atio

n of

pre

viou

sly

auth

oriz

ed m

oori

ngs

and

moo

red

floa

ts, p

rovi

ded:

Aut

hori

zed

by th

e lo

cal h

arbo

rmas

ter/

tow

n.

N

ot lo

cate

d in

SA

S3

N

o in

terf

eren

ce w

ith

navi

gati

on.

C

anno

t be

relo

cate

d in

to a

Fed

eral

Nav

igat

ion

Pro

ject

12 ot

her

than

a

Fed

eral

Anc

hora

ge12

1. M

oori

ngs

asso

ciat

ed w

ith

a bo

atin

g fa

cili

ty11

. A

n ee

lgra

ss14

su

rvey

may

be

requ

ired

. 2.

Moo

ring

s th

at d

on’t

mee

t the

term

s in

Cat

egor

y 1

and

don’

t re

quir

e an

Ind

ivid

ual P

erm

it.

Thi

s in

clud

es p

riva

te m

oori

ngs

wit

h no

har

borm

aste

r or

mea

ns o

f lo

cal a

ppro

val.

3. M

oori

ngs

loca

ted

such

that

they

, and

/or

vess

els

dock

ed o

r m

oore

d at

them

, are

wit

hin

the

buff

er z

one

of th

e ho

rizo

ntal

li

mit

s13 o

f a

Fede

ral C

hann

el12

. (S

ee A

ppen

dix

F.)

The

buf

fer

zone

is e

qual

to 3

tim

es th

e au

thor

ized

dep

th o

f th

at c

hann

el.

4. A

n IP

is r

equi

red

for

moo

ring

s w

ithi

n th

e ho

rizo

ntal

li

mit

s11, o

r w

ith

moo

red

vess

els

that

ext

end,

into

the

hori

zont

al

lim

its

of a

Fed

eral

Nav

igat

ion

Pro

ject

12, e

xcep

t tho

se in

F

eder

al A

ncho

rage

s12.

For

1-4

abo

ve, s

itin

g of

new

indi

vidu

al m

oori

ngs

in S

AS

3 , in

clud

ing

eelg

rass

14, s

houl

d be

avo

ided

to th

e m

axim

um e

xten

t pr

acti

cabl

e. I

f S

AS3 c

anno

t be

avoi

ded,

pla

ns s

houl

d sh

ow

elas

tic

moo

ring

sys

tem

s th

at p

reve

nt m

oori

ng c

hain

s fr

om

rest

ing

or d

ragg

ing

on th

e bo

ttom

sub

stra

te a

t all

tide

s an

d he

lica

l anc

hors

, or

equi

vale

nt S

AS

pro

tect

ion

syst

ems,

whe

re

prac

tica

ble.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

7

AC

TIV

ITY

C

AT

EG

OR

Y 1

C

AT

EG

OR

Y 2

(f)

ST

RU

CT

UR

ES

A

ND

FL

OA

TS

1.

Rec

onfi

gura

tion

of

exis

ting,

aut

hori

zed

stru

ctur

es o

r fl

oats

. P

rovi

ded:

a.

Pil

es s

hall

adh

ere

to o

ne o

f th

e 4

met

hods

in (

i) –

(iv)

bel

ow:

i. P

iles

inst

alle

d in

-the

-dry

dur

ing

low

wat

er o

r in

-wat

er b

etw

een

Nov

. 8th

- A

pr. 9

th, o

r ii

. M

ust b

e dr

ille

d an

d pi

nned

to le

dge,

or

iii.

Vib

rato

ry h

amm

ers

used

to in

stal

l any

siz

e an

d qu

antit

y of

woo

d,

conc

rete

or

stee

l pil

es, o

r iv

. Im

pact

ham

mer

s li

mit

ed to

one

ham

mer

and

<50

pil

es

inst

alle

d/da

y w

ith

the

foll

owin

g: w

ood

pile

s of

any

siz

e, c

oncr

ete

pile

s ≤1

8-in

ches

dia

met

er, s

teel

pil

es <

12-i

nche

s di

amet

er if

the

ham

mer

is ≤

3000

lbs

and

a w

ood

cush

ion

is u

sed

betw

een

the

ham

mer

and

ste

el p

ile.

b

. For

(ii

) –

(iv)

abo

ve:

i. In

-wat

er n

oise

leve

ls s

hall

not

exc

eed

>18

7dB

SE

L r

e 1µ

Pa

or

206d

B p

eak

re 1

µP

a at

a d

ista

nce

>10

m f

rom

the

pile

bei

ng

inst

alle

d., a

nd

ii.

In-w

ater

noi

se le

vels

>15

5dB

pea

k re

1µ

Pa

shal

l not

exc

eed

12

cons

ecut

ive

hour

s on

any

giv

en d

ay a

nd a

12

hour

rec

over

y pe

riod

(i.e

., in

-wat

er n

oise

bel

ow 1

55dB

pea

k re

1µ

Pa)

mus

t be

prov

ided

bet

wee

n w

ork

days

. c.

For

(i)

–(i

v) a

bove

: i.

W

ork

is n

ot e

ligi

ble

for

Cat

egor

y 1

if c

ondu

cted

in ti

dal p

ortio

ns

of th

e P

enob

scot

riv

er u

pstr

eam

of

a li

ne e

xten

ding

fro

m T

urne

r po

int i

n C

asti

ne to

Moo

se P

oint

(fo

rmer

ly s

quaw

poi

nt)

on C

ape

Jell

ison

in S

tock

ton

Spri

ngs

or in

tida

l por

tion

s of

the

Ken

nebe

c or

And

rosc

oggi

n R

iver

s up

stre

am o

f a

line

ext

endi

ng f

rom

D

oubl

ing

poin

t in

Arr

owsi

c to

Hos

pita

l Poi

nt in

Wes

t Bat

h.

1. P

riva

te s

truc

ture

s or

flo

ats,

incl

udin

g fl

oatw

ays/

skid

way

s,

buil

t to

acce

ss w

ater

way

(se

ason

al a

nd p

erm

anen

t)

2. E

xpan

sion

s to

exi

stin

g bo

atin

g fa

cili

ties11

. F

or 1

& 2

abo

ve, c

ompl

ianc

e w

ith

the

foll

owin

g de

sign

st

anda

rds

is n

ot r

equi

red

but r

ecom

men

ded:

Pil

e-su

ppor

ted

stru

ctur

es <

400

SF

, wit

h at

tach

ed f

loat

s to

tali

ng <

200

SF

.

Bot

tom

anc

hore

d fl

oats

<20

0 S

F.

S

truc

ture

s ar

e <

4’ w

ide

and

have

at l

east

a 1

:1

heig

ht:w

idth

rat

io11

.

Flo

ats

supp

orte

d a

min

imum

of

18”

abov

e th

e su

bstr

ate

duri

ng a

ll ti

des.

Str

uctu

res

& f

loat

s no

t loc

ated

wit

hin

25’

of a

ny e

elgr

ass8 .

M

oore

d ve

ssel

s no

t pos

itio

ned

over

SA

S4 .

No

stru

ctur

e lo

cate

d w

ithi

n 25

’ of

the

ripa

rian

pro

pert

y bo

unda

ry w

ithou

t wri

tten

app

rova

l fro

m th

e ab

utte

r(s)

.

No

stru

ctur

e ex

tend

s ac

ross

>25

% o

f th

e w

ater

way

wid

th

at m

ean

low

wat

er.

N

ot lo

cate

d w

ithi

n th

e bu

ffer

zon

e of

the

hori

zont

al

lim

its13

of

a C

orps

Fed

eral

Nav

igat

ion

Pro

ject

(F

NP

) (A

pp. F

). T

he b

uffe

r zo

ne is

equ

al to

thre

e ti

mes

the

auth

oriz

ed d

epth

of

that

FN

P.

3. A

n In

divi

dual

Per

mit

is r

equi

red

for

stru

ctur

es o

r fl

oats

, in

clud

ing

floa

tway

s/sk

idw

ays,

loca

ted

such

that

they

and

/or

vess

els

dock

ed o

r m

oore

d at

them

are

wit

hin

the

hori

zont

al

lim

its13

of

a C

orps

Fed

eral

Nav

igat

ion

Pro

ject

12 (s

ee A

pp. F

).

4. A

n In

divi

dual

Per

mit

is r

equi

red

for

stru

ctur

es &

flo

ats

asso

ciat

ed w

ith

a ne

w o

r pr

evio

usly

una

utho

rize

d bo

atin

g fa

cili

ty11

.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

8

AC

TIV

ITY

C

AT

EG

OR

Y 1

C

AT

EG

OR

Y 2

(g)

MIS

CE

LL

-A

NE

OU

S

1. T

empo

rary

buo

ys, m

arke

rs, f

loat

s, e

tc. f

or r

ecre

atio

nal u

se d

urin

g sp

ecif

ic e

vent

s, p

rovi

ded

they

are

rem

oved

wit

hin

30 d

ays

afte

r us

e is

di

scon

tinu

ed.

2. T

he p

lace

men

t of

aids

to n

avig

atio

n an

d re

gula

tory

mar

kers

whi

ch a

re

appr

oved

by

and

inst

alle

d in

acc

orda

nce

wit

h th

e re

quir

emen

ts o

f th

e U

.S. C

oast

Gua

rd.

(See

33

CF

R 6

6, C

hapt

er I

, sub

chap

ter

C).

” 3.

Act

ivit

ies

requ

ired

for

the

cont

ainm

ent a

nd c

lean

up o

f oi

l and

ha

zard

ous

subs

tanc

es th

at a

re s

ubje

ct to

the

Nat

iona

l Oil

and

Haz

ardo

us

Sub

stan

ces

Pol

luti

on C

ontin

genc

y P

lan

(40

CF

R 3

00)

prov

ided

that

the

wor

k is

don

e in

acc

orda

nce

wit

h th

e S

pill

Con

trol

and

Cou

nter

mea

sure

P

lan

requ

ired

by

40 C

FR

112

.3 a

nd a

ny e

xist

ing

stat

e co

ntin

genc

y pl

an

and

prov

ided

that

the

Reg

iona

l Res

pons

e T

eam

(if

one

exi

sts

in th

e ar

ea)

conc

urs

wit

h th

e pr

opos

ed c

onta

inm

ent a

nd c

lean

up a

ctio

n. S

AS3 m

ust

typi

call

y be

res

tore

d in

pla

ce a

t the

sam

e el

evat

ion.

4.

Fis

h an

d w

ildl

ife

harv

esti

ng, e

nhan

cem

ent,

and

attr

acti

on d

evic

es a

nd

acti

viti

es s

uch

as p

ound

net

s, c

rab

trap

s, c

rab

dred

ging

, eel

pot

s, lo

bste

r tr

aps,

and

cla

m a

nd o

yste

r di

ggin

g, a

nd s

mal

l fis

h at

trac

tion

dev

ices

suc

h as

ope

n w

ater

fis

h co

ncen

trat

ors

(sea

kit

es, e

tc.)

. Thi

s do

es n

ot a

utho

rize

ar

tifi

cial

ree

fs o

r im

poun

dmen

ts a

nd s

emi-

impo

undm

ents

of

wat

ers

of

the

U.S

. for

the

cult

ure

or h

oldi

ng o

f m

otil

e sp

ecie

s su

ch a

s lo

bste

r, o

r th

e us

e of

cov

ered

oys

ter

tray

s or

cla

m r

acks

. No

acti

vity

that

res

ults

in a

ha

zard

to n

avig

atio

n. N

ote:

A C

ateg

ory

1 N

otif

icat

ion

For

m is

not

re

quir

ed f

or th

ese

devi

ces

and

acti

viti

es.

5. S

cien

tifi

c m

easu

rem

ent d

evic

es w

hose

pur

pose

is to

mea

sure

and

re

cord

sci

enti

fic

data

, suc

h as

sta

ff g

ages

, wat

er r

ecor

ding

dev

ices

, wat

er

qual

ity te

stin

g an

d im

prov

emen

t dev

ices

, and

sim

ilar

str

uctu

res.

S

truc

ture

s m

ay n

ot r

estr

ict m

ovem

ent o

f aq

uati

c or

gani

sms.

No

acti

vity

re

sult

s in

a h

azar

d to

nav

igat

ion.

6.

Sur

vey

activ

itie

s su

ch a

s ex

plor

ator

y dr

illi

ng, s

urve

ying

and

sam

plin

g ac

tivi

ties

, exc

ludi

ng a

ny b

iolo

gica

l sam

plin

g de

vice

s.

Doe

s no

t inc

lude

oil

and

gas

exp

lora

tion

and

fil

l for

roa

ds o

r co

nstr

ucti

on p

ads.

No

acti

vity

res

ults

in a

haz

ard

to n

avig

atio

n.

App

lica

nts

mus

t con

tact

NM

FS

to e

nsur

e no

impa

cts

to li

sted

spe

cies

.

1. S

truc

ture

s or

wor

k in

or

affe

ctin

g ti

dal o

r na

viga

ble

wat

ers,

th

at a

re n

ot d

efin

ed u

nder

any

of

the

prev

ious

hea

ding

s li

sted

ab

ove.

Inc

lude

s, b

ut is

not

lim

ited

to, u

tility

line

s, a

eria

l tr

ansm

issi

on li

nes,

pip

elin

es, o

utfa

lls,

boa

t ram

ps,

floa

tway

s/sk

idw

ays,

bri

dges

, tun

nels

and

hor

izon

tal

dire

ctio

nal d

rill

ing

acti

viti

es s

eaw

ard

of th

e m

ean

high

wat

er

line

. 2.

She

llfi

sh/f

infi

sh (

othe

r th

an A

tlan

tic

salm

on),

or

othe

r aq

uacu

ltur

e fa

cili

ties

wit

h no

mor

e th

an m

inim

al in

divi

dual

an

d cu

mul

ativ

e im

pact

s to

env

iron

men

tal r

esou

rces

or

navi

gati

on.

Aqu

acul

ture

gui

deli

nes

are

prov

ided

at:

w

ww

.mai

ne.g

ov/d

mr/

aqua

cult

ure/

inde

x.ht

m.

3. S

peci

fic

acti

viti

es w

ith

impa

cts

of a

ny a

rea

requ

ired

to

affe

ct th

e co

ntai

nmen

t, st

abil

izat

ion,

or

rem

oval

of

haza

rdou

s or

toxi

c w

aste

mat

eria

ls th

at a

re p

erfo

rmed

, ord

ered

, or

spon

sore

d by

a g

over

nmen

t age

ncy

wit

h es

tabl

ishe

d le

gal o

r re

gula

tory

aut

hori

ty.

Wet

land

s m

ust t

ypic

ally

be

rest

ored

in

plac

e at

the

sam

e el

evat

ion

to q

uali

fy.

4. A

quat

ic h

abit

at r

esto

rati

on, e

stab

lish

men

t and

enh

ance

men

t pr

ovid

ed th

ose

acti

viti

es a

re p

roac

tive

and

res

ult i

n ne

t in

crea

ses

in a

quat

ic r

esou

rce

func

tion

s an

d se

rvic

es.8

5. P

roje

cts

whe

re a

n E

IS is

req

uire

d by

the

Cor

ps a

re n

ot

elig

ible

for

Cat

egor

y 2.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

9

AC

TIV

ITY

C

AT

EG

OR

Y 1

C

AT

EG

OR

Y 2

(g)

MIS

CE

LL

-A

NE

OU

S

(con

tin

ued

)

7. S

hell

fish

see

ding

(br

ushi

ng th

e fl

ats9 )

proj

ects

. 8.

Mar

ine

rail

way

wor

k no

t eli

gibl

e fo

r m

aint

enan

ce7 (

i.e. n

ot c

urre

ntly

se

rvic

eabl

e7 or

in n

on-c

ompl

ianc

e) m

ay b

e re

plac

ed “

in-k

ind”

wit

h m

inor

dev

iati

ons7

prov

ided

:

Wor

k is

in th

e in

tert

idal

zon

e

No

fill

exp

ansi

on b

elow

hig

h ti

de li

ne.

W

ork

cond

ucte

d in

-the

-dry

dur

ing

low

wat

er o

r in

-wat

er b

etw

een

Nov

. 8 –

Apr

. 9.

9. T

est p

lots

<10

0 S

F f

or th

e pl

anti

ng o

f w

etla

nd s

peci

es n

ativ

e to

the

area

. N

o gr

adin

g, n

o st

ruct

ures

, no

plan

t gro

win

g de

vice

s an

d no

in

terf

eren

ce w

ith

navi

gati

on, w

hich

req

uire

at l

east

Cat

egor

y 2

revi

ew.

10. A

ny w

ork

not c

omm

ence

d no

r co

mpl

eted

that

was

aut

hori

zed

in a

w

ritt

en le

tter

fro

m th

e C

orps

und

er th

e P

GP

in e

ffec

t bet

wee

n O

ctob

er

11, 2

005

and

Oct

ober

11,

201

0. T

he te

rms

and

gene

ral c

ondi

tion

s of

this

G

P a

pply

alo

ng w

ith

any

spec

ial c

ondi

tion

s in

the

wri

tten

aut

hori

zati

on

En

dn

otes

/Def

init

ion

s 1 B

ord

erin

g an

d C

onti

guou

s W

etla

nd

s: A

bor

deri

ng w

etla

nd is

imm

edia

tely

nex

t to

its

adja

cent

wat

erbo

dy a

nd m

ay li

e at

, or

belo

w, t

he o

rdin

ary

high

wat

er

mar

k (m

ean

high

wat

er in

nav

igab

le w

ater

s) o

f th

at w

ater

body

and

is d

irec

tly

infl

uenc

ed b

y it

s hy

drol

ogic

reg

ime.

Con

tigu

ous

wet

land

s ex

tend

land

war

d fr

om

thei

r ad

jace

nt w

ater

body

to a

poi

nt w

here

a n

atur

al o

r m

anm

ade

disc

onti

nuity

exi

sts.

Con

tigu

ous

wet

land

s in

clud

e bo

rder

ing

wet

land

s as

wel

l as

wet

land

s th

at a

re

situ

ated

imm

edia

tely

abo

ve th

e or

dina

ry h

ighw

ater

mar

k an

d ab

ove

the

norm

al h

ydro

logi

c in

flue

nce

of th

eir

adja

cent

wat

erbo

dy.

Not

e, w

ith

resp

ect t

o th

e fe

dera

lly

desi

gnat

ed n

avig

able

riv

ers,

the

wet

land

s bo

rder

ing

and

cont

iguo

us to

the

tida

lly

infl

uenc

ed p

orti

ons

of th

ose

rive

rs a

re r

evie

wed

und

er “

II. N

avig

able

W

ater

s.”

2 Dir

ect,

Sec

ond

ary,

an

d C

um

ula

tive

Im

pac

ts/E

ffec

ts:

Dir

ect I

mpa

cts:

The

imm

edia

te lo

ss o

f aq

uati

c ec

osys

tem

wit

hin

the

foot

prin

t of

the

fill

. S

econ

dary

Im

pact

s : T

hese

are

eff

ects

on

an a

quat

ic e

cosy

stem

that

are

ass

ocia

ted

wit

h a

disc

harg

e of

dre

dged

or

fill

mat

eria

ls, b

ut d

o no

t res

ult f

rom

the

actu

al

plac

emen

t of

the

dred

ged

or f

ill m

ater

ial.

Info

rmat

ion

abou

t sec

onda

ry e

ffec

ts o

n aq

uati

c ec

osys

tem

s sh

all b

e co

nsid

ered

pri

or to

the

time

fina

l sec

tion

404

act

ion

is ta

ken

by p

erm

itti

ng a

utho

riti

es.

Som

e ex

ampl

es o

f se

cond

ary

effe

cts

on a

n aq

uati

c ec

osys

tem

are

a)

fluc

tuat

ing

wat

er le

vels

in a

ll im

poun

dmen

t and

do

wns

trea

m a

ssoc

iate

d w

ith

the

oper

atio

n of

a d

am, b

) se

ptic

tank

leac

hing

and

sur

face

run

off

from

res

iden

tial

or

com

mer

cial

dev

elop

men

ts o

n fi

ll, a

nd c

) le

acha

te

and

runo

ff f

rom

a s

anit

ary

land

fill

loca

ted

in w

ater

s of

the

U.S

. P

ut a

noth

er w

ay, s

econ

dary

eff

ects

are

thos

e im

pact

s ou

tsid

e th

e fo

otpr

int o

f th

e fi

ll th

at a

rise

fro

m

and

are

asso

ciat

ed w

ith

the

disc

harg

e of

dre

dged

or

fill

mat

eria

l, in

clud

ing

the

oper

atio

n of

an

acti

vity

or

faci

lity

ass

ocia

ted

wit

h th

e di

scha

rge.

Exa

mpl

es m

ay

incl

ude

habi

tat f

ragm

enta

tion

; int

erru

ptio

n of

trav

el c

orri

dors

for

wil

dlif

e (f

or e

xam

ple,

for

am

phib

ians

that

mig

rate

to a

nd f

rom

sea

sona

l or

vern

al p

ools

use

d as

br

eedi

ng h

abita

t); h

ydro

logi

c re

gim

e ch

ange

s; a

nd im

pact

s fr

om o

pera

tion

and

mai

nten

ance

act

ivit

ies

for

cons

truc

ted

faci

liti

es; s

uch

as n

oise

/lig

htin

g, s

torm

wat

er

runo

ff, a

nd r

oad

kill

of

wet

land

dep

ende

nt w

ildl

ife.

Usi

ng th

e di

rect

ions

con

tain

ed in

the

guid

elin

es, w

e co

nsid

er th

e ci

rcum

stan

ces

of a

pro

pose

d di

scha

rge

and

the

pr

ojec

t of

whi

ch it

is a

par

t to

eval

uate

the

scop

e, e

xten

t, se

veri

ty, a

nd p

erm

anen

ce o

f di

rect

, sec

onda

ry, a

nd c

umul

ativ

e ad

vers

e ef

fect

s up

on th

e aq

uati

c ec

osys

tem

.

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

10

Cum

ulat

ive

Impa

cts:

The

ext

ent o

f pa

st, p

rese

nt, a

nd f

ores

eeab

le d

evel

opm

ents

in th

e ar

ea m

ay b

e an

impo

rtan

t con

side

rati

on in

eva

luat

ing

the

sign

ific

ance

of

a pa

rtic

ular

pro

ject

's im

pact

s. A

ltho

ugh

the

impa

cts

asso

ciat

ed w

ith

a pa

rtic

ular

dis

char

ge m

ay b

e m

inor

, the

cum

ulat

ive

effe

ct o

f nu

mer

ous

sim

ilar

dis

char

ges

can

resu

lt in

a la

rge

impa

ct. C

umul

ativ

e im

pact

s sh

ould

be

esti

mat

ed o

nly

to th

e ex

tent

that

they

are

rea

sona

ble

and

prac

tica

l. 3 S

pec

ial A

qu

atic

Sit

es:

Incl

udes

wet

land

s an

d sa

ltm

arsh

, mud

flat

s, r

iffl

es a

nd p

ools

, and

veg

etat

ed s

hall

ows

(pre

dom

inan

tly

com

pris

ed o

f ee

lgra

ss in

Mai

ne).

4 C

onst

ruct

ion

Mat

s: C

onst

ruct

ions

, sw

amp

and

tim

ber

mat

s (h

erei

n re

ferr

ed to

as

“con

stru

ctio

n m

ats”

) ar

e ge

neri

c te

rms

used

to d

escr

ibe

stru

ctur

es th

at

dist

ribu

te e

quip

men

t wei

ght t

o pr

even

t wet

land

dam

age

whi

le f

acil

itat

ing

pass

age

and

prov

idin

g w

ork

plat

form

s fo

r w

orke

rs a

nd e

quip

men

t. T

hey

are

com

pris

ed

of s

heet

s or

mat

s m

ade

from

a v

arie

ty o

f m

ater

ials

in v

ario

us s

izes

. A

tim

ber

mat

con

sist

s of

larg

e ti

mbe

rs b

olte

d or

cab

led

toge

ther

. C

ordu

roy

road

s, w

hich

are

no

t con

side

red

to b

e co

nstr

ucti

on m

ats,

are

cut

tree

s an

d/or

sap

lings

wit

h th

e cr

owns

and

bra

nche

s re

mov

ed, a

nd th

e tr

unks

line

d up

nex

t to

one

anot

her.

Cor

duro

y ro

ads

are

typi

call

y in

stal

led

as p

erm

anen

t str

uctu

res.

Lik

e co

nstr

ucti

on m

ats,

they

are

con

side

red

as f

ill w

heth

er th

ey’r

e in

stal

led

tem

pora

rily

or

perm

anen

tly.

5 V

ern

al P

ools

: A

ver

nal p

ool,

also

ref

erre

d to

as

a se

ason

al f

ores

t poo

l, is

a te

mpo

rary

to s

emi-

perm

anen

t bod

y of

wat

er o

ccur

ring

in a

sha

llow

dep

ress

ion

that

ty

pica

lly f

ills

dur

ing

the

spri

ng o

r fa

ll a

nd m

ay d

ry d

urin

g th

e su

mm

er. V

erna

l poo

ls h

ave

no p

erm

anen

t inl

et o

r ou

tlet

and

no

viab

le p

opul

atio

ns o

f pr

edat

ory

fish

. A

ver

nal p

ool m

ay p

rovi

de th

e pr

imar

y br

eedi

ng h

abita

t for

woo

d fr

ogs

(Ran

a sy

lvat

ica)

, spo

tted

sala

man

ders

(A

mby

stom

a m

acul

atum

), b

lue-

spot

ted

sala

man

ders

(A

mby

stom

a la

tera

le),

and

fai

ry s

hrim

p (E

ubra

nchi

pus

sp.)

, as

wel

l as

valu

able

hab

itat

for

oth

er p

lant

s an

d w

ildl

ife,

incl

udin

g se

vera

l rar

e, th

reat

ened

, and

en

dang

ered

spe

cies

. A

ver

nal p

ool i

nten

tion

ally

cre

ated

for

the

purp

oses

of

com

pens

ator

y m

itig

atio

n is

incl

uded

in th

is d

efin

ition

. F

or th

e pu

rpos

es o

f th

is G

P, t

he

pres

ence

of

any

of th

e fo

llow

ing

spec

ies

in a

ny li

fe s

tage

in a

ny a

bund

ance

leve

l/qu

anti

ty w

ould

des

igna

te th

e w

ater

body

as

a ve

rnal

poo

l: f

airy

shr

imp,

blu

e sp

otte

d sa

lam

ande

rs, s

pott

ed s

alam

ande

rs o

r w

ood

frog

s. T

he C

orps

may

det

erm

ine

duri

ng a

Cat

egor

y 2

revi

ew th

at a

wat

erbo

dy s

houl

d no

t be

regu

late

d as

a V

P

base

d on

ava

ilab

le e

vide

nce.

For

the

purp

oses

of

this

GP

*, th

e V

P M

anag

emen

t Are

as a

re th

e: V

erna

l Poo

l Dep

ress

ion

(inc

lude

s th

e ve

rnal

poo

l dep

ress

ion

up to

th

e sp

ring

or

fall

hig

h w

ater

mar

k, a

nd in

clud

es a

ny v

eget

atio

n gr

owin

g w

ithi

n th

e de

pres

sion

), V

erna

l Poo

l Env

elop

e (a

rea

wit

hin

100

FT

of

the

VP

Dep

ress

ion’

s ed

ge)

and

Cri

tica

l Ter

rest

rial

Hab

itat

(ar

ea w

ithi

n 10

0-75

0 F

T o

f th

e V

erna

l Poo

l Dep

ress

ion’

s ed

ge).

[*N

ote:

Cri

tica

l Ter

rest

rial

Hab

itat

is d

efin

ed a

s 10

0 -7

50

FT

on

page

243

of

the

docu

men

t “S

cien

ce a

nd C

onse

rvat

ion

of V

erna

l Poo

ls in

Nor

thea

ster

n N

orth

Am

eric

a,”

Cal

houn

and

deM

ayna

dier

, 200

8, w

hich

is

refe

renc

ed in

App

endi

x E

, pag

e 3,

Par

agra

ph 1

0(b)

. 6 W

ater

Div

ersi

ons:

Wat

er d

iver

sion

s ar

e ac

tivi

ties

suc

h as

byp

ass

pum

ping

or

wat

er w

ithd

raw

als.

Tem

pora

ry f

lum

e pi

pes,

cul

vert

s or

cof

ferd

ams

whe

re n

orm

al

flow

s ar

e m

aint

aine

d w

ithi

n th

e st

ream

bou

ndar

y’s

conf

ines

are

n’t w

ater

div

ersi

ons.

“N

orm

al f

low

s” a

re d

efin

ed a

s no

cha

nge

in f

low

fro

m p

re-p

roje

ct c

ondi

tion

s.

7 M

ain

ten

ance

: a

) In

acc

orda

nce

wit

h 33

CF

R 3

23.4

(a)(

2), a

ny d

isch

arge

of

dred

ged

or f

ill m

ater

ial t

hat m

ay r

esul

t fro

m a

ny o

f th

e fo

llow

ing

activ

itie

s is

not

pr

ohib

ited

by

or o

ther

wis

e su

bjec

t to

regu

lati

on u

nder

Sec

tion

404

of

the

CW

A: “

Mai

nten

ance

, inc

ludi

ng e

mer

genc

y re

cons

truc

tion

of

rece

ntly

dam

aged

par

ts, o

f cu

rren

tly

serv

icea

ble

stru

ctur

es s

uch

as d

ikes

, dam

s, le

vees

, gro

ins,

rip

rap,

bre

akw

ater

s, c

ause

way

s, b

ridg

e ab

utm

ents

or

appr

oach

es, a

nd tr

ansp

orta

tion

str

uctu

res.

M

aint

enan

ce d

oes

not i

nclu

de a

ny m

odif

icat

ion

that

cha

nges

the

char

acte

r, s

cope

, or

size

of

the

orig

inal

fil

l des

ign.

” O

ther

wis

e, th

e fo

llow

ing

wor

k is

reg

ulat

ed

and

subj

ect t

o th

e C

ateg

ory

1 or

2 th

resh

olds

in A

ppen

dix

A a

bove

: The

rep

air,

reh

abil

itat

ion,

or

repl

acem

ent o

f an

y pr

evio

usly

aut

hori

zed,

cur

rent

ly s

ervi

ceab

le

stru

ctur

e or

fil

l, or

of

any

curr

ently

ser

vice

able

str

uctu

re o

r fi

ll a

utho

rize

d by

33

CF

R 3

30.3

– “

Act

ivit

ies

occu

rrin

g be

fore

cer

tain

dat

es,”

pro

vide

d th

at th

e st

ruct

ure

or f

ill i

s no

t to

be p

ut to

use

s di

ffer

ing

from

thos

e us

es s

peci

fied

or

cont

empl

ated

for

it in

the

orig

inal

per

mit

or

the

mos

t rec

entl

y au

thor

ized

mod

ific

atio

n.

b)

Min

or d

evia

tion

s in

the

stru

ctur

e’s

conf

igur

atio

n or

fil

led

area

, inc

ludi

ng th

ose

due

to c

hang

es in

mat

eria

ls, c

onst

ruct

ion

tech

niqu

es, o

r cu

rren

t con

stru

ctio

n co

des

or s

afet

y st

anda

rds

that

are

nec

essa

ry to

mak

e re

pair

, reh

abil

itat

ion,

or

repl

acem

ent a

re a

utho

rize

d. c

) C

urre

ntly

ser

vice

able

mea

ns u

seab

le a

s is

or

wit

h so

me

mai

nten

ance

, but

not

so

degr

aded

as

to e

ssen

tial

ly r

equi

re r

econ

stru

ctio

n. d

) N

o se

awar

d ex

pans

ion

for

bulk

head

s or

any

oth

er f

ill a

ctiv

ity

is c

onsi

dere

d C

ateg

ory

1 m

aint

enan

ce.

e) O

nly

stru

ctur

es o

r fi

lls

that

wer

e pr

evio

usly

aut

hori

zed

and

are

in c

ompl

ianc

e w

ith

the

term

s an

d co

ndit

ion

of th

e or

igin

al

auth

oriz

atio

n ca

n be

mai

ntai

ned

as a

non

-reg

ulat

ed a

ctiv

ity u

nder

33

CF

R 3

23.4

(a)(

2), o

r in

acc

orda

nce

wit

h th

e C

ateg

ory

1 or

2 th

resh

olds

in A

ppen

dix

A.

f) T

he

stat

e’s

mai

nten

ance

pro

visi

ons

may

dif

fer

from

the

Cor

ps a

nd m

ay r

equi

re r

epor

ting

and

wri

tten

aut

hori

zati

on f

rom

the

stat

e. g

) C

onta

ct th

e C

orps

to d

eter

min

e w

heth

er s

trea

m c

ross

ing

repl

acem

ents

req

uire

a w

ritt

en a

ppli

cati

on to

the

Cor

ps f

or a

t lea

st a

Cat

egor

y 2

revi

ew.

8 A

qu

atic

Hab

itat

Res

tora

tion

, Est

abli

shm

ent

and

En

han

cem

ent:

The

Cor

ps w

ill d

ecid

e if

a p

roje

ct q

uali

fies

and

mus

t det

erm

ine

in c

onsu

ltat

ion

wit

h fe

dera

l an

d st

ate

agen

cies

that

the

net e

ffec

ts a

re b

enef

icia

l. T

he C

orps

may

ref

er to

Nat

ionw

ide

Per

mit

27

publ

ishe

d in

the

3/12

/07

Fede

ral R

egis

ter.

Act

ivit

ies

auth

oriz

ed h

ere

may

incl

ude,

but

are

not

lim

ited

to: t

he r

emov

al o

f ac

cum

ulat

ed s

edim

ents

; the

inst

alla

tion

, rem

oval

, and

mai

nten

ance

of

smal

l wat

er c

ontr

ol

stru

ctur

es, d

ikes

, and

ber

ms;

the

inst

alla

tion

of

curr

ent d

efle

ctor

s; th

e en

hanc

emen

t, re

stor

atio

n, o

r es

tabl

ishm

ent o

f ri

ffle

and

poo

l str

eam

str

uctu

re; t

he p

lace

men

t

Mai

ne G

P –

App

endi

x A

O

ctob

er 2

010

11

of in

-str

eam

hab

itat

str

uctu

res;

mod

ific

atio

ns o

f th

e st

ream

bed

and

/or

bank

s to

res

tore

or

esta

blis

h st

ream

mea

nder

s; th

e ba

ckfi

llin

g of

art

ific

ial c

hann

els

and

drai

nage

dit

ches

; the

rem

oval

of

exis

ting

dra

inag

e st

ruct

ures

; the

con

stru

ctio

n of

sm

all n

esti

ng is

land

s in

inla

nd w

ater

s; th

e co

nstr

ucti

on o

f op

en w

ater

are

as; t

he

cons

truc

tion

of

nati

ve s

hell

fish

spe

cies

hab

itat

ove

r un

vege

tate

d bo

ttom

for

the

purp

ose

of h

abit

at p

rote

ctio

n or

res

tora

tion

in ti

dal w

ater

s; s

hell

fish

see

ding

; ac

tivi

ties

nee

ded

to r

eest

abli

sh v

eget

atio

n, in

clud

ing

plow

ing

or d

isci

ng f

or s

eed

bed

prep

arat

ion

and

the

plan

ting

of

appr

opri

ate

wet

land

spe

cies

; mec

hani

zed

land

cl

eari

ng to

rem

ove

non-

nati

ve in

vasi

ve, e

xoti

c, o

r nu

isan

ce v

eget

atio

n; a

nd o

ther

rel

ated

act

ivit

ies.

Onl

y na

tive

pla

nt s

peci

es s

houl

d be

pla

nted

at t

he s

ite.

9 B

rush

ing

the

Fla

ts:

The

pla

cem

ent o

f tr

ee b

ough

s, w

oode

n la

th s

truc

ture

, or

smal

l-m

esh

fenc

ing

on m

udfl

ats

to e

nhan

ce r

ecru

itm

ent o

f so

ft-s

hell

cla

ms

(Mya

ar

enar

ia).

10

Mai

nte

nan

ce D

red

gin

g: T

his

incl

udes

onl

y th

ose

area

s an

d de

pths

pre

viou

sly

auth

oriz

ed b

y th

e C

orps

and

dre

dged

.

11 B

oati

ng

Fac

ilit

ies:

Fac

ilit

ies

that

pro

vide

for

a f

ee, r

ent,

or s

ell m

oori

ng s

pace

, suc

h as

mar

inas

, yac

ht c

lubs

, boa

t clu

bs, b

oat y

ards

, tow

n fa

cili

ties

, do

ckom

iniu

ms,

etc

. 12

Fed

eral

Nav

igat

ion

Pro

ject

s (F

NP

s):

FN

Ps

are

com

pris

ed o

f F

eder

al C

hann

els

and

Fed

eral

Anc

hora

ges.

See

App

endi

x F

for

thei

r lo

cati

on a

nd c

onta

ct th

e C

orps

for

mor

e in

form

atio

n. “

Hor

izon

tal L

imit

s” is

the

oute

r ed

ge o

f an

FN

P. “

Buf

fer

Zon

e” is

equ

al to

thre

e ti

mes

the

auth

oriz

ed d

epth

of

that

cha

nnel

. 13

Hor

izon

tal L

imit

s: T

he o

uter

edg

e of

a F

eder

al N

avig

atio

n P

roje

ct (

FN

P).

See

App

endi

x F

and

con

tact

the

Cor

ps f

or in

form

atio

n on

FN

P’s

. 14

Eel

gras

s (Z

oste

ra m

arin

a):

A ty

pe o

f ro

oted

aqu

atic

veg

etat

ion

that

exi

sts

in in

tert

idal

and

sha

llow

sub

tida

l are

as k

now

n as

veg

etat

ed s

hall

ows.

See

w

ww

.ner

o.no

aa.g

ov/h

cd/ f

or e

elgr

ass

surv

ey g

uida

nce.

15

Str

uct

ure

s: T

he h

eigh

t of

stru

ctur

es s

hall

at a

ll p

oint

s be

equ

al to

or

exce

ed th

e w

idth

of

the

deck

. For

the

purp

ose

of th

is d

efin

itio

n, h

eigh

t sha

ll b

e m

easu

red

from

the

mar

sh s

ubst

rate

to th

e bo

ttom

of

the

long

itud

inal

sup

port

bea

m.

Town: Augusta-China PIN #: 19150.00 Date: 4/18/13

SPECIAL PROVISION

SECTION 105 General Scope of Work

(Environmental Requirements) In-Water work consists of any activity conducted below the normal high water mark of a river, steam, brook, lake, pond or “Coastal Wetland” areas that are subject to tidal action during the highest tide level for the year which an activity is proposed as identified in the tide tables published by the National Ocean Service. http://www.oceanservice.noaa.gov/ For the full definition of “Coastal Wetlands”, please refer to 38 MRSA 480-B(2) I. In-Water Work shall not be allowed between the dates of 10/2 and 7/15.

(In-Water work is allowed from 7/15 to 10/1.)

II. In-Water work window applies to the following water bodies at the following station #’s: 1. 332+95 2. 420+90 3. 448+64 4. 504+35

III. Special Conditions: 1. See ACOE Permit pages 2-3 2. See pages 2 through 4 of this SP 105 for all special conditions and excerpts from the Section 7 BA.

IV. Approvals:

1. Temporary Soil Erosion and Water Pollution Control Plan V. All activities are prohibited (including placement and removal of cofferdams unless otherwise permitted by

Regulatory Agencies) below the normal high water mark if outside the prescribed in-water work window, except for the following:

1. Work within a cofferdam constructed according to MaineDOT’s Standard Specifications and in

adherence with the contractors approved “Soil Erosion and Water Pollution Control Plan”.

VI. No work is allowed that completely blocks a river, stream, or brook without providing downstream flow. When working in Tidal streams flow needs to be provided in both directions NOTE: Regulatory Review and Approval is required to modify the existing In-Water work window.

Corps of Engineers Permit No. NAE-2013-00489 Permit Conditions Resulting From

Informal Endangered Species Act Consultation Between US Fish & Wildlife Service ("USFWS") and the Federal Highway Administration ("FHWA")

(Reference USFWS Biological Opinion ("BO") dated "March 28, 2013" and the DOT/FHWA Biological Assessment ("BA") dated "February 25, 2013")

1. The permittee and contractor shall comply with all terms and conditions of this permit and with the permittee's construction plan. Modifications to the approved plan may require re- initiation of Endangered Species Consultation between the Corps and Service and therefore, should not be implemented without first contacting the Corps. 2. All projects authorized by this permit shall be designed in accordance with Maine DOT's 2008 Waterway and Wildlife Crossing Policy and Design Guide

3. A fish evacuation plan must be implemented by appropriate Maine DOT staff during construction and dewatering of all cofferdams. to carefully remove fish from the work area. 4. All instream work (which includes the installation and removal of cofferdams, as well as other activities) shall be conducted according to the work windows specified in the BA. 5. Any cofferdam constructed as part of the authorized projects shall adhere to the specifications contained in Section 2.0 (Cofferdam Descriptions) of the BA. (Section 4.1.4 of the BA) 6. All culvert installations authorized by this permit must adhere to the specifications contained in Section 2.1 (Culvert . Replacement Projects) of the BA. 7. Maine DOT and their contractors s h a II minimize the potential for impacts to Atlantic salmon habitat by conducting all construction activities for each project in accordance with the Maine DOT approved Soil Erosion and Water Pollution Control Plan. 8. Maine DOT shall use a screen on each pump intake sufficiently large enough that the approach velocity does not exceed 0.20 ftls. Designing the screen for these approach velocities will minimize screen contact and/or impingement of juvenile fish. Square or round screen face openings not to exceed 2.38 mm (3/32 inch) on a diagonal. Criteria for slotted face opening must not exceed 1.75mm (approximately 1/16111 inch) in the narrow direction. Intake hoses shall be regularly monitored while pumping. 9. Maine DOT or their contractor will follow measures designed to avoid effects to rivers and streams from hazardous materials associated with construction activities, including: a. All vehicles refueling shall occur more than 100 feet from any water course. b. All vehicles carrying fuel shall have specific equipment and materials needed to contain or clean up any incidental spills at the project site. Equipment and materials would include spill kits appropriately sized for specific quantities of fuel, shovels, absorbent pads, straw bales, containment structures and liners, and/or booms. c. During use, all pumps and generators shall have appropriate spill containment structures and/or absorbent pads in place. d. All equipment used for instream work shall be cleaned of external oil, grease, dirt, and mud. Any leaks or accumulations of grease would be corrected before entering streams or areas that drain directly to streams or wetlands. 10. Noxious Weeds: All off-road equipment and vehicles (operating off of existing open and maintained roads) must be cleaned prior to entering the construction site(s) to remove all soil, seeds, vegetation, or other debris that could contain seeds or reproductive portions of plants. Equipment operators may employ whatever cleaning methods are necessary to ensure that offroad equipment is free of the above material prior to entering the easement portion of the access road. The equipment will be inspected prior to off-loading. 11. All cofferdams shall be removed from the stream immediately following completion of construction, allowing for minor delays due to high stream flows following heavy precipitation, so that fish and other aquatic life passage is not unnecessarily restricted. If a project is not completed but there will be substantial delays in construction, cofferdams will need to be at least partially removed to allow unobstructed fish passage until construction resumes. 12. If any listed Atlantic salmon is encountered in the project areas of this permit, including dewatering of coffer dams, all work must cease and USFWS (Maine Field Office; 207-866-3344) and the Corps (Maine Project Office; 207-623-8367) shall be contacted immediately. Work may not resume until the Corps and the USFWS conclude supplemental endangered species consultation as necessary. 13. All areas of temporary waterway or wetland fill will be restored to their original contour and character upon completion of the projects. 14. Disturbed areas adjacent to streams will be stabilized andre-vegetated with a seed mix and tree/shrub plantings appropriate for riparian areas in Maine. Only native species that reflect the existing natural riparian community in the general area may be used. The permittee shall take all available and practicable steps to ensure that tree/shrub plantings remain viable and are protected from future disturbance. 15. A post-project report, confirming completion of construction and the successful application of all terms and conditions of this permit, shall be submitted within four (4) weeks of project completion. The report shall include, but not be limited to, a narrative

and photos documenting project elements outlined in the construction plan and referenced in these conditions e.g. installation of erosion control measures, installation of the work platform, and debris removal. This report may accompany the Compliance Certification Form referenced in Condition 16. 16. This authorization requires you to 1) notify us before beginning work so we may inspect the project, and 2) submit a Compliance Certification Form. You must complete and return the enclosed Work Start Notification Form{s) to this office at least two weeks before the anticipated starting date. You must complete and return the enclosed Compliance Certification Form within one month following the completion of the authorized work and any required mitigation {but not mitigation monitoring, which requires separate submittals}. 18. The permittee shall assure that a copy of this permit is at the work site whenever work is being performed and that all personnel performing work at the site of the work authorized by this permit are fully aware of the terms and conditions of the permit. This permit, including its drawings and any appendices and other attachments, shall be made a part of any and all contracts and sub-contracts for work which affects areas of Corps of Engineers' jurisdiction at the 'site of the work authorized by this permit. This shall be done by including the entire permit in the specifications for the work. If the permit is issued after construction specifications but before receipt of bids or quotes, the entire permit shall be included as an addendum to the specifications. The term "entire permit" includes permit amendments. Although the permittee may assign various aspects of the work to different contractors or sub-contractors, all contractors and sub- contractors shall be obligated by contract to comply with all environmental protection provisions of the entire permit, and no contract or sub-contract shall require or allow unauthorized work in areas of Corps of Engineers jurisdiction.

Excerpts from DOT/FHWA Biological Assessment ("BA") dated "February 25, 2013"

Cofferdam Placement Cofferdams, which can consist of various materials including sheet pile, sand bags, industrial sandbags, or an inflatable dam, would be placed to keep water out of the work area by blocking flow both upstream and downstream. This has the added benefit of keeping all sediment released by construction in the dry work area where it can be removed before stream flow is restored. 1. The upstream cofferdam would be installed first. Heavy duty plastic sheeting would be laid along the width of the stream when practicable. The sand bags would then be placed on the plastic up to a height somewhat higher than the current level of the stream, working from the stream bank to the center. 2. The excess plastic would then be folded over the dam in the upstream direction and another layer of sand bags would be laid on the plastic to help seal the dam from infiltration. The plastic would be extended along the stream bottom as far upstream as practicable. 3. The downstream cofferdam would then be installed. This second dam is a safeguard against a failure of the upstream dam. Most cofferdams leak somewhat, so a pump may be placed within the work area to catch accumulating water, which would then be pumped into the “dirty water” treatment system. Stream Diversion Stream flow can be diverted around the work area either by pumping it around through hoses or by diverting flow through a temporary culvert or plastic sheet-lined channel installed next to the stream using sandbags, sheet piles, jersey barriers, etc. The description below outlines the process for using pumps and hoses to divert flow from one side of a project to the other. 1. Prior to in-stream work, a diversion culvert may be placed under the road away from the stream to run a diversion hose. This protects the hose during the construction activities. Another common way of doing this is running the hose over the road and blocking up around it with wood to protect it from traffic. 2. The intake hose will be placed at the upstream end of the culvert, just upstream of the cofferdam. In order to minimize impact on the streambed, the hose end will be placed in a bucket and/or the stream bottom will be lined with geotextile fabric. A screen will be placed at the intake hose end to prevent injury to fish and entrapment within the work area. To prevent fish entrainment into the hose, the screen openings shall not exceed 3/32-inches (2.38 mm) in the narrow direction. In order to prevent impingement of Atlantic salmon parr on the screened intake hoses, additional barriers consisting of either placing the intake within a 5-gallon bucket or creating a barrier with a ¼-in (6.35 mm) knotless block seine around the perimeter of the intake will be utilized. Other additional barriers, including barriers made of sand bags, plastic sheeting, or other suitable materials may be utilized depending on site conditions. The approach velocity will be kept below 0.2 ft/second (0.06 m/sec) to avoid impingement of Atlantic salmon juvenile (NMFS 2008). 3. The gasoline diversion pumps will then be setup as far away from the stream as possible. The number and size of pumps used varies depending on the water level present when the work is being conducted. 4. Non-woven geotextile fabric will be laid along the streambed to protect the stream from scour caused by the high water velocity coming from the hose(s) at the downstream end. “Dirty Water” Treatment System Installation

After the cofferdams and water diversion pumps have diverted the stream around the work area, it will be necessary to dewater the work area itself. This water will be pumped into a sediment basin for filtration. 1. The system will be installed according to MaineDOT’s BMP Manual (MaineDOT 2008) 2. The sediment basin will either be comprised of hay bales or “dirt bags”. Sometimes erosion control fabric is placed under the hay bale filter to catch sediment. These sediments will be disposed of away from the stream in a manner that they cannot erode back into the stream. 3. The sediment basin will be located close to the project location with adequate vegetation between it and the stream to act as a filter. Pumping A) Hoses will be setup between the treatment basin and the downstream scour pool within the work area. B) The “dirty water” pump(s) will then be started in the downstream scour pool C) The pool will be slowly dewatered and any stranded aquatic organisms, (including Atlantic salmon) will be caught and transferred to the downstream channel by a MaineDOT biologist. D) The work area will then be pumped dry, with this water going to the “dirty water” treatment system prior to its release back into the stream. E) If there is leakage around the cofferdam, or upwelling in the work area, pockets will be excavated in the work area to collect the water. This water will be pumped into the “dirty water” system for treatment, prior to its release back into the stream.

Culvert Replacements Once flow is diverted and the work area is dewatered, the culvert installation can commence. At this point, the crews are working in the dry and there is no sediment being released into the stream. All pumps, hoses, dams, and the sediment basin are monitored closely and maintained throughout construction. The culvert will be installed and embedded in the dry stream bed. The culvert will have material similar to the adjacent stream installed inside to create a natural substrate bottom. When the culvert and rip rap installation is complete, all headwalls, disturbed areas, and permanent drainage ditches are stabilized with final treatments, using BMP and permanent erosion controls as necessary. Closeout Procedures 1. The upstream “dirty water” pump will then be removed. 2. The diversion pump system will be stopped and the upstream cofferdam will slowly be breached. The first flush of dirty water will be captured by the downstream “dirty water” pump, which will then pump the water into the dirty water treatment system. 3. When the water behind the remaining intact cofferdam is clean, that dam will be breached as well. 4. The remainder of the upstream cofferdam and the diversion pump system will then be removed. 5. All disturbed areas will be stabilized, and all permanent erosion control BMPs will be installed.

Any work that is not expected to be inundated with water will employ proper BMPs as stated in MaineDOT Best Management Practices for Erosion and Sedimentation Control (MaineDOT 2008). In some areas the construction of the retaining wall would start

on ledge, while in other areas they would start on fill.

Augusta-China WIN 19150.00

April 1, 2013 SPECIAL PROVISION

SECTION 656 Temporary Soil Erosion and Water Pollution Control

Special Provision 656 - Page 1 of 3

The following is added to Section 656 regarding Project Specific Information and Requirements. All references to the Maine Department of Transportation Best Management Practices for Erosion and Sedimentation Control (a.k.a. Best Management Practices manual or BMP Manual) are a reference to the latest revision of said manual. The latest version is dated "February 2008” (available at http://www.maine.gov/mdot/environmental-office-homepage/surface-water-resources.php .) Procedures specified shall be according to the BMP Manual unless stated otherwise.

Project Specific Information and Requirements

The following information and requirements apply specifically to this Project. The temporary soil erosion and water pollution control measures associated with this work shall be addressed in the Soil Erosion and Water Pollution Control Plan (SEWPCP.)

This project is in the Kennebec watershed, which is listed as an Atlantic Salmon Distinct Population Segment and is considered SENSITIVE in accordance with section IID of the 2008 BMP Manual. The Contractor’s SEWPCP shall include the following:

Due to the project sensitivity, CONSTRUCTION SHALL BE PHASED to limit the amount of disturbed area. The Contractor’s SEWPCP shall include specific provisions for phasing the work. Each section must be stabilized to the approval of the Maine DOT Resident and the Water Resources Unit before work can begin on any subsequent section. CLEARING LIMIT LINES SHALL BE MINIMIZED. Clearing shall be minimized as shown on the design plans.

Newly disturbed earth shall be mulched or otherwise stabilized by the end of each workday. Mulch shall be maintained on a daily basis.

The Contractor’s SEWPCP shall address in-stream work at the following locations:

STA. 332+95; STA. 420+90; STA. 448+64 and STA. 504+35

Stream flow shall be maintained at all times.

The SEWPCP shall describe the containment method for removal of the existing culvert, including installation of cofferdams and dewatering procedures.

If a cofferdam sedimentation basin is used, it shall be located in an upland area where the water can settle and sink into the ground or be released slowly to the resource in a manner that will not





cause erosion. The location of such a cofferdam sedimentation basin shall be addressed in the SEWPCP.

Prior to release to a natural resource, any impounded water that has been in contact with concrete placed during construction must have a pH between 6.0 and 8.5, must be within one pH unit of the background pH level of the resource, and shall have a turbidity no greater than the receiving resource. This requirement is applicable to concrete that is placed or spilled (including leakage from forms) as well as indirect contact via tools or equipment. Water not meeting release criteria shall be addressed in the SEWPCP. Discharging impounded water to the stream must take place in a manner that does not disturb the stream bottom or cause erosion. The rate of discharge must be less than 20% of the flow rate of the stream.

Prior to release to a natural resource, any impounded water that has been in contact with concrete placed during construction must have a pH between 6.0 and 8.5, must be within one pH unit of the background pH level of the resource and shall have a turbidity no greater than the receiving resource. This requirement is applicable to concrete that is placed or spilled (including leakage from forms) as well as indirect contact via tools or equipment. Water not meeting release criteria shall be addressed in the SEWPCP. Discharging impounded water to the stream must take place in a manner that does not cause erosion or disturb the stream bottom.

If water is flowing within the drainage system, the water shall be diverted to a stable area or conduit and work shall be conducted in the dry. The Contractor’s plan shall address when and where the diversions will be necessary.

All disturbed ditches shall be stabilized by the end of each workday. Stabilization shall be maintained on a daily basis.

Erosion control blanket shall be installed in the bottoms of all ditches except where a stone lining is planned. Seed shall be applied prior to the placement of the blanket.

Permanent slope stabilization measures shall be applied within one week of the last soil disturbance.

Permanent seeding shall be done in accordance with Special Provision, Section 618, Seeding unless the Contract states otherwise.

Culvert inlet and outlet protection shall be installed within 48 hours of culvert installation, or prior to a storm event, whichever is sooner.

The SEWPCP shall describe the location and method of temporary erosion and sediment control for existing and proposed catch basins, outlet areas and culvert inlets and outlets.





The Contractor shall be responsible for monitoring pH with a calibrated meter accurate to 0.1 units. A record of pH measurements shall be kept in the Environmental Coordinator’s log (Section 656.4.4 Inspection and Record Keeping.)

Grout from the post-tensioning socket sealing operation and fresh concrete shall not be allowed to contact the stream. Clean out of concrete delivery trucks and the washing of tools shall be addressed in the SEWPCP.

Temporary winter stabilization must be used between November 1st and April 1st or outside of that time period if the ground is frozen or snow covered. Temporary winter stabilization involves, at a minimum, covering all disturbed soils and seeded ground that is not Acceptable Work with an approved method. If temporary winter stabilization practices are used then spring procedures for permanent stabilization shall also be described in the SEWPCP. Use of these methods for over-winter temporary erosion control will be incidental to the contract and be paid for as part of Pay Item 656.75.

Demolition debris (including debris from wearing surface removal, saw cut slurry, dust, concrete debris, etc.) shall be contained and shall not be allowed to discharge to any resource. All demolition debris shall be disposed of in accordance with Standard Specifications, Section 202.03, Removing Existing Superstructure, Structural Concrete, Railings, Curbs, Sidewalks and Bridges. Containment and disposal of demolition debris shall be addressed in the Contractor's SEWPCP.

Dust control items other than those under Standard Specification, Section 637 – Dust Control, if applicable, shall be included in the plan.

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CHINA 19150.00

CULVERT REPLACEMENT NOVEMBER 5, 2012

SPECIAL PROVISION

SECTION 203 EXCAVATION AND EMBANKMENT

(Dredge Materials)

Description: Dredge Material (See MaineDOT Standard Specifications § 101.2) is regulated as a Special Waste. Work associated with the Route 3 Highway Resurfacing initiative in China will require the excavation of select Dredge Material during the replacement of a culvert at Station 332+95. It is anticipated that less than 100-cubic yards of Dredge Material will be excavated. There is onsite Beneficial Use for all of the Dredge Materials. It is acknowledged that the excavation of Dredge for this work may include some boulders. The Maine Department of Environmental Protection has determined that sound boulders (rock 12-inches or more in diameter), that are free of adhering sediment or other contaminants, shall be deemed to be Inert Fill material and shall not be included in the Dredge Material Quantities. The contractor shall Beneficially Use all Dredge Material excavated during the Culvert Replacement work at Station 332+95 in an area adjacent to and draining into the dredged water body. No more than 100-cubic yards of Dredge Material may be excavated.

CONSTRUCTION REQUIREMENTS

Management: The contractor shall Beneficially Use all Dredge Material excavated at the Culvert Replacement work at Station 332+95 in areas adjacent to and draining into the dredged water body. No more than 100-cubic yards of Dredge Material may be excavated at any of the individual culvert sites. Method of Measurement: Dredge Material will be measured by the cubic yard of material removed. Basis of Payment: Payment for the Beneficial Use of Dredge Material will be incidental to the Contract Pay Items. Payment shall be full compensation for excavation, dewatering, managing, transporting, and placement of the Dredge Materials.

Environmental Summary Sheet

Documents

Transcript of Environmental Summary Sheet