HomeMy WebLinkAboutTR-3987Board Of $outhold Town Trustees
SOUTHOLD, NEW YORK
PERMIT NO. 398? DATE: .Feb. 28, 1992
ISSUED TO BeaqhwQ0d Colony Owners
Pursuant to the provisions of Chapter 615 of the Laws of
the State of New York, 1893; and Chapter 404 of the Laws of the
State of New York 1952; and the Southold Town Ordinance en-
titled "REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and the
REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM
LANDS UNDER TOWN WATERS;" and in accordance with the
Resolution of The Board adopted at a meeting held on Feb. gS~
19 92, and in consideration of the sum of $ 50.00 paid by
Glenn Just on behalf of Beachwook Colony Owners
of N.Y. and subject to the
Terms and Conditions listed on the reverse side hereof,
of Southold Town Trustees authorizes and permits the following:
Grandfather permit for 80' ~ as indicated in file
and on location map. G~O/O
all in accordance with the detailed specifications as presented in
the originating application.
IN WITNESS WHEREOF, The said Board of Trust~es here-
by causes its Corporate Seal to be affixed, and these presents to
be subscribed by a majority of Board daf,e. "7
Trustees
TERMS and C:ONDITIONS
The Permittee
Beachwood Golony owners
residing at Dean Drive. Mattituck. N.Y., as
part of the consideration for the issuance of the Permit does understand ami prescribe to the fol-
lowing:
1. That the said Board of Troste~s and the Town of Southold are released from any and
all damages, or claims for damages, of suits arising directly or indirectly aa a remit of any oper-
ation performed pursuant to this permit, and the said Permitt~e will, at his or her own expeme,
defend any and all such suits initiated by third pardes, and the said Permitte~ resumes full liability
with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold
2. That this Permit is valid for a period of mos. which is comidated to be the
estimated time required to complete the work involved, but should circumstances wart'ant, request
for an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long aa the said Permirtee wishes
to maintain the structure or project involved, to provide evidence to anyone concerned that auth-
orization was originally obtained.
4. That the work involved will be subject to the inspection and approval of the Board or
its agents, and non-compliance with the provisions of the originating application, may be cause for
revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation aa a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along
the beach between high and low water marks.
7. That it furore operations of the Town of Southold require the removal and/or aitemdons
in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the
work shah cause unreasonable obstrucnon to free navigation, the said Permittee will be requlred~
upon due notice, to remove or alter this work or project herein stated without expenses to the Town
of Southold.
8. That the said Board will be notified by the Permittee or the completion of the work anth-
orized.
9. That the Permittee will obtain all other permits and consents d~at may be required sup-
plemental to this permit which may be subject to revoke upon failure to obtain same.
/
u~
FRANK A. KU.IAWSKI, .JR., President
ALBERT J. KRUPSKI, .JR., Vice-President
JOIIN M. BREDEMEYER, III
JOHN L. BEDNOSKI, .IR.
HENRY P. SMITH
TELIZPIIONE
(516) 765'1892
Town llall, 53095 Main Road
I'.O. m,x 728 JAN Z
Southold, New York 11971
GRANDFATHER APPLICATION
TOWN OF SOUIHOLD
Name of Applicant:
Mailing address:
11952
Address of Property:
Beachwood Colony Owners
1045 Dean Drive, P.O. Box 478. Mattituck,NY
Tel. No: c/o 477-2807
Fnn~ of Dean Drive, M~tti~uck at;~econic Bay
Tax Map Number: Ilnknnwn
Approx. Year of Construction: Prior to 1965
Diagram of existing structures including size:
Enclosed
Indicate on attached map: Location, ie; reference point, telephone
pole number, adjacent property owners, etc.
Signature of
Please note,
application.
Date: Doc~mber 30.
for filing this
1991
· . App. Page
YDS. TO BE EXCAVATED: ~ YDS. TO BE FILLED:
MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED:
WIDTH OF CANAL, CREEK OR BAY FRONTING PROPERTY: Greater than ] ml]o
DEPTH AT LOW TIDE: ~ AVER. RISE IN TIDE: 2 feet
DISTANCE TO NEAREST CHANNEL: N/A
DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN AREA: 0 feet
AREA ZONING: R-80 IS PROJECT FOR PRIVATE OR BUS. USE: Private
INTENDED USE OF PROPERTY: Boach
DESCRIBE KNOWN PRIOR OPERATIONS CONDUCTED ON PREMISES:
BAS ANY PRIOR LICENSE OR PERMIT BEEN ISSUED TO ERECT STRUCTURES, DREDGE,
OR DEPOSIT FILL ON SAID PREMISES: YPs, copies enclosed
HAS ANY LICENSE OR PERMIT EVER BEEN REVOKED OR SUSPENDED BY A GOVERNMENTAL
AGENCY: Not to my knowledge
DESCRIBE FULLY THE REHABILITATION OF PROPERTY:
No rehabilitation should be necessary
DESCRIBE PROPOSED CONDITION OF PROPERTY AFTER WORK IS COMPLETED. INCLUDE'
AN ADDITIONAL SURVEY OF PROPERTY SITE IF NECESSARY: N/A
ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED WHICH WOULD PROHIBIT~
THIS PROJECT: No
WRITTEN CONSENT OF OWNER IF NOT THE SAME AS APPLICANT:
Enclosed
HENRY P. SMITH, President
JOHN M. BREDEMEYER, Vice-Pres.
PHILLIP J. GOUBEAUD
ALBERT KRUPSKI, JR.
ELLEN M. LARSEN
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town llall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
September 18, 1987
'1 ELEPHONE
(516) 765-1892
Mr. Glenn E. Just
J.M.O. Consulting
Route 25 A
Box 2521
Wading River, New York
11792
Re: Beachwood Colony Owners
groin repair
Dear Mr. Just:
Upon receipt of your request to repair approximately 60' of an existing
timber groin on property located at the foot of Dean Drive, Mattltuck, please
be advised that the matter has been referred to Donald Dzenkowski, Bay
Constable, who inspected the property and reported that this is a repair
to the existing structure and in accordance with Article I, 97-12. Exceptions,
A. (5) no permit is required as long as the work is done in accordance with
your request.
Please note that we will keep this application on file as a record of the
struct,re. Should you have any questions or concerns, please do not hesitate
to contact this office. This determination is not a determination for any other
agency or department that may have jurisdiction in this matter.
Very truly yours,
Henry P. Smith, Pres.
Board of Town Trustees
HPS :ip
cc: file
Operations Division
Regulatory Branch
SUBJECT: Application No.
DEPARTMENT OF THE ARMY
NEW YORK DISTRICT CORPS OF ENGINEERS
JACOB K. JAVITS FEDERAL BUILDING
NEW YORK. N.Y. 10278-0090
September 25, 1991 ~
91-0812-[2 by Beachwood Col n~y Owners
Beachwood Colony Owners
c/o J.M.O. Consulting
P.O. Box 447
Quogue, New York 11959-0447
Dear Sir:
We have received your request (Application No. 91-0812-L2 )
to reconstruct 80 linear feet of timber groin in-kind and in-place in Great
Peconic Bay at Mattituck, Town of Southold, Suffolk County, New York.
Our review indicates an individual project-specific permit is not
required. Based upon the material and information you have submitted,
it appears the activities within our jurisdiction could be accomplished
under an existing Department of the Army nationwide general permit. The
nationwide general permit is prescribed at Title 33.of the Code of
Federal Regulations. A copy of this part of the Federal Regulations -
Part 330.5 (a) (3) is enclosed with the appropriate section marked for
your convenience. The work may be performed without further contact
with our office,.provided the enclosed permit conditions are adhered
tO.
Your attention is specifically directed to the conditions of the
nationwide general permit and the recommended construction management
p~actices. These items are highlighted on the enclosed copy of the
Federal Regulations. The management practices are to be followed to
the maximum extent practicable. Care should be taken so that
construction materials, including debris, do not enter any waterway to
become a drift or pollution hazard.
You are to contact appropriate State and local government
officials to ensure that the subject work is performed in compliance'
with their requirements. In order for this nationwide permit to be in
effect for your proposal, it is required that you obtain a Water
Quality Certification from the New York State Department of
Environmental Conservation if your proposal contains any fill
activities, as well as any other required permits. Failure to do so
may subject you to enforcement action under State and/or Federal Law.
C EArAN- O P - iRE
SUBJECT: Application No. 91-0812-L2 by Beachwo0d Colony Owners
This verification will be valid ~htil the nationwide permit is
modified, reissued, or revoked. Ail the nationwide permits are
scheduled to be modified, reissued or revoked prior to 13 January 1992.
It is incumbent upon you to remain informed of changes to the
nationwide permits. We will issue a public notice announcing the
changes when they occur. Furthermore, if you commence or are under
contract to commence this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the
date of the modification or revocation to complete the activity under
the present terms and conditions of this nationwide permit.
Sincerely
es W ~ertY~~
~astern Permi'ts Section
<-EI~I-: FLOOD~
WIDTtI~ I MILF
80"SECTION T() B~
REC~T[~UC :TED-~
SCALE
1'/20/
0 TO 2O
.vV
'Harra~ooha Pi
Suffolk County
Hagstrom Map 25
Scale 1"=3,000'
~o
Federnt Regi~t~' ~ Vol.
§ ~.10 Exls tem:e ,o f Ot~tr nations.
A s~ ~y be ~vlga~ d~pite
the existenc~ of f~ r~pids, sand bars.
bridge, po~ag~, shifting ~nts, or
simi~r o~ctio~. Thus, ~ wate~ay
in its orions] condition might have had
s~stantia] obs~cfions ~hinh were
overcome b~ ~onfi~ boats and/or
p~ag~, ~d ~ver~elass be
"c~nnel" of commerce, even ~ough
boa~ had to be rem~ed ~ ~e water
in some s~tches, or 1o~ be brecht
ero~d ~n obs~uction by mean~ of
artificial chute. Howev~, ~e q~fion
is ultimately a matt~ of d~me, and it
mst be race.zed ~at ~e~ ~ some
point beyond wM~ n~v~abffity co~d
not be ~tabli~.
~ 329.11 Geograptuc a~Jurls~ctlonal
ia} ]ur~dictio= over ea~ bed.
Fader~ regulato~ juri;~cfion, and
powe~ o~ Jmprove~ni for navigation,
extend laterally to ~e entire water
surface and bed of a nnvigabIe
w~terhody, whkh ~ades ~1~ the land
and waters below the ordina~ high
water mark. }orisdictino thus extends to
the edge (as determined above} of
such wa~rhodies, even ~o~h portions
of the waterbody may be extremely
shallow, or c~st~cte~ by shoa~,
vegetation or other harriers. Mers~ds
n~ahla in l~w. but only so far as the
n~a is ~ject to in~ation ~ the
ordina~ high
(1] ~ "ordina~ high water mark" on
n~-tidal ~s is ~e line ~ ~e shore
established ~y the fluctuafi~s of wat~
and indicated by physi~l
cha~cte~stics such as ~ clear, natant
line imps.ed ~ th~ ban~ shel~ng:
chang~ in the character of soil;
dest~cfi~ ~ te~a] ~;etatinn; ~e
prance o[ lltt~ aR~ de~s; or other
~pp~fiate mea~ ~t consid~ ~e
characteristics of ~e ~ding
(2} ~ship of
of ~e lands be~ean high ~d low
water m~ks will v~ ac~g to state
law: however, pHvate ownership off the
underl~ l~ds his ~ baaing ~n ~e
existence or extent of ~e do~nant
Federal jur~dictiun over ~ navi~h~
waterbody.
(h} ~pper ]~m,: of nav~aM/ity. ~e
character of a fiver will, at some ~int
along its length, cha~e ~om na~ga~e
to non-naH~ble. Ve~ ~ten ~at poi~
will be at a major fall o~ rapids, ~ other
place ~era ~em
~der some ~ ~ t~s dealed able,
219 / Thursday, November 13, 2986 ~[[les and Regulations 41253
§329.12. Ge~grsphJc eccl Jurisdictional
limlt~ of oceanic and tide] weter~
(al Ocenn and coastal wotees. The
navigable waters of the United States
over which Corps of Engineers
regulatory jurisdiction extends include
all ocean and coastal waters within a
zone three geographic (nautical} miles
seaward from the baseline (The
Territ, ori'al Seas}· Wider zones are
recognized for special regulatory powers
exercised over the outer continental
shelf. ISee 33 CFR
{il Baseline defined. Generally, where
the shore directly contacts the open sea,
ihs line on the shore reached by the
ordinary low tides comprises the
baseline from which the distance of
three geographic miles is measured. The
baseline has significance far both
domestic and intereationa! law and
subject to precise definitions. Special
problems arise when offshore rocks,
islands, or other bodies exist, and the
baseline may have to be drawn seaward
of such bodies.
(2] Shore,~ard limit of jurisdlction.
' Regulatory jurisdiction in coastal areas
extends to the line ,on the shore reached
by the plane of the mean {average} high
water. Where precise determination of
the actual location of the line becomes
necessary, it must be established by
survey with reference to the available
tidal datum, preferably averaged over a
period of 18.§ years. Less precise
methods, such as observation of the
"apl~rent shoreline" which is
demrmined by reference to physical
markings, lines of vegetation, or changes
in type of vegetation, may be used only
where an estimate is needed of the line
reached by the mean high water.
(b} Bay's and estuaries. Regulatcrry
jurisdiction extends to the entire surface
s:-~ bed of all waterbndies subject to
t :.d ac/tan. JorLsdicti~n thus extends to
the edge (as determined by paragraph
(a)(2} of this section) of all such
waterbodies, even though portions of
the waterbody may be extremely
shallow, or obsitucted by shoals,
vegetation, or other barriers.
Marshlands and similar are-as am thus
considered "navigable in law," but only
so far as the area is subject to
inundation by the mean high waters.
The relevant test is therefore the
presence of the mean high tidal waters,
and not the general test described
above, which generally applies to isle.nd
rivers and lakes,
bound~rtes.
Permanent ch~.ges of the shoreline
configuration result in similar
alterations of the boundaries of the
navigable watar~ of the United States.
Thus, gradual changes which are due to
natural causes and are perceptible only
over some period of time constitute
changes in the bed of a waterbody
which also change tM shoreline
boundaries of the navigable waters of
the United States. However, an area will
remain "navigable in law," even though
no longer covered with water, whenever
the change has occurred suddenly, or
was caused by artificial forces intended
to produce that chan~e. For example,
shifting sand bars within a fiver or
estuary remain part of the navigable
water .of the United States, regardless
that they may be dry at a particular
point in time.
§ 329.14 Determination of navigability.
(a].E.ff~ct on deterudnat£uns. Although
· conclusive determinations of
navigability can be made only by
federal Courts. those made by federal
agencies are nevertheless accorded
substantial weight by the courts. It is
therefore necessary that when
jurisdictional questions arise, district
personnel carefully investigate those
waters which may be subjeca to Federal
regulatory jurisdiction under guidelines
s~t out above, as the restflting
determinat~o~ may have substanti~
impact upon a ]udiclal body, Ot-ficia]
determinations by nn agency, rr,~de in
the past can be revised or reversed as
necessary to reflect changed rules or
interpretat'onz of the law.
(b) [¥ocedures of determir~tio~. A
determination whether a waterbody is a
navigable water of ~e United States
will be made by the division engineer,
and will ha based on a report ot findings
prepared at th~ district level in
accordance with the criteria set out in
this re~flation. Each report of findings
will be prepared b7 tha dis~ct
accompanied by ~n opinlun of the
district counsel, and forwarc~d to
division engineer for £ma!
de~rmination. E~ch r~port of ~mdings
will be Imsed substnmially on
applicable por'6ans o~ the format in
paragraph (c) of th~ se~on.
~c} Sa~geste~ forma~ af re/eon of
[1} Name of wateFoo~y:
[2] Tributary to:
(3} Physical characteristics: ·
(ii Type: [river,'bay. alnugh, estus_.-~,
etc.}
(ii} L~r~th:
{iii} Approximate discharge volumes:
Maximum, Minimum. Meam Jiv] Fall pm Ldle:
{vi Extsra of ti.ia) irrRuunce:
(vi') Rar~e between ordinary hlga and
ordinary low water:.
412~4._Federal Re~ister / Vol. 51,
(vii] Descr/ption of improvements to
navigetion not listed in paragraph
cf this secticn;
[4) Nature sud location of sigpificapt
obstructions to navigation in portions of
the waterbody used or potentiaiib
capable of use in interstate coma', arco:
[5) Au*horSt :d projects:
[i) Natw'e, condition and location of
any impact:' ~nts n acta under projects
authorized by Congress:
(ii) Description of projects authorized
but not constructed:
(iii) List of known survey documents
or reports describing the waterbody:
[6) Past or present interstate
[ii General types, extent, and psrind in
time:
till Documentation if necessary:
(7) Potential use/or interstate
commerce, if applicable:
(il If in natural condition:
{ii) If improved:
[8) Nature of jurisdiction know~ to
have been exercised by Federal
agencies if any:
(9} State o: Federal court decisions
relating to na',~9 ability of the
waterbod.., if ~ nv: (10} Rema~k~
(1'1) bindL"g of naci£~bility [wiih date]
and recomme:~d; *ion fo~ deform!ne*inn:
(a) Findings and determinations
should be m~,de whenever a question
arises '~egarding the navigability of a
weterbody. Where no determ;..ation has
been ma'3e, a r~port of fivdings w;l' be
prepared and forwarded to the division
engineer, as described above. Inquiries
may be answered by an interim reply
which indicates that a final agency
determination must be made by the
division engineer. ]~ a need developa for
an energeney determination, district
finding prepared as in Section 329.14 of
this Part. The report of findings should
then be forwarded to the division
engineer on an expedited baste.
(b) Where determinations have been
made by the division en~neer, inquiries
regarding the navigability of specific
portions of waterl',odies covered by
these deterrnin .lions may be answered
as follows:
This Depertment, in the
administration of the laws enacted by
Gongress for the protection and
pr-'ser~tion nf th~ navigable waters of
t,~e U~fited F,etes, bas determined that
.... [~v~rl '):. ,y} (! al.e, etc.} is e
ere eubject to _.. ~,a, isdicn,,, of thi?
O219 /.Thursday, November 13, 1986 [ Os and Regulations
Departxne~t' whether such actions occur
within or outside the navigable areas.
{c) Specific inquiries regardin? the
jurisdiction of the Cc, fps of Engineers
cay be en.~wered only after a
determination whether [1) the waters
are na'~igable waters of the United
States or {2} if sot na-.igable, whether
the proposed type of activity may
nevertheless so affect the navigable
waters of the United States that the
assertion of regulatory jurisdiction is
deemed necessary.
§ 329.16 Use and maitJtenance of [isis of
determtnaUons.
[a)-Tabulated lists ~f final
determinations of navigability are to be
maintained in each district office, and
be updated as necessitated by court
modifications, tf any, to the nationwide
permits can be obtained from the
appropriate district engiveer.
Nationwide permits are derigned to
allow certain activities to occur w!th
little, if any. delay or paperwork.
Nationwide per.nits are valid only d the
conditions applicable to the nationwide
permits are mst. Failure to comply with
a condition does not necessarily mean
the activity cannot be authorized but
rather that the activity can only be
authorized by an individual or regional
permit. Several of the nationwide
permits require notification to the
district engineer prior to commencement
of the authorized activity. The
procedures for this notification are
located at § 330.7 of this Part.
Nationwide permits can be issued to
decisions, jurisdictional inquiries, or satisfy the requirements of section 10 of
other changed conditions. ' the Rivers and Harbors Act of 1899.
{b} It should be noted that the lists section 404 of the Clean Water Act.
represeid only those waterbodies for
which determinations have been made;
ebsence from that list should not be
taken as en indication that the
waterbody is not navigable.
(c} Deletions from the list ere not
authorized. If a change in status of a
waterbody from navigable to nml-
n. vigable is deemed necessary, an
apda*ed finding should be forwardea to
the division engineer; change~ ara not
considered final until a determiaation
has been made by the division engineer.
PART 330---NATIONWIDE PERMITS
Sec.
§ 330.1 t'~eneral.
The purpose of this regulation is to
describe the Department of the Anny's
iDA) nationwide permit program and to
list all current nationwide permits which
have been issued by publication herein.
A nationwide pelf. it is a form of general
permit which may authorize activities
throughr at the nation. (Anoff. er type of
~ane-el p¢cmit is e "reEion~l p~.rmil"
accordance wii ~ ? C, FR P=rt 3-,.- ].
Copies of regional conditions and
and/or section 103 of the Marine
Protection. Research and Sanctuaries
Act. The applicable authority is
indicated at the end of each nationwide
permit.
§ 330.2 Definitions.
(a) The definitions of 33 CFR Parts
321-329 are applicable to the terms used
in this Part.
(bi The t~rm "headwaters" me;~'.ls the
point on a non-tidal sro.earn above which
the average annual flow is less than five
cvbic feet per second· The district
engineer may estimate this point from
available data by using the mean annual
area precipitation, area ckainage basin
maps, and the average runoff coefficient.
or by similar means. For streams that
are di'y for long periods of the year,
district engineers may establish the
"headwaters" as that point on the
stream where a flow of five cubic feet
per second is equaled or exceeded 50
percent of the time.
{c} Discretionary authority means the
authority delegated to division engineers
in § 330.8 of this part to override
provisions of nationwide permits, to add
regional conditions, or to require
individual permit application.
§ 330.3 Activltiee occurring before certain
The following activities were
permitted by nationwide permits issued
on lely 19, 1977, end unless modified do
not require further pen-hitting:
(aJ Discharges of dredged or fill
outside the limits of navigable wato-s vf
file pha,. in dat~.s ,i,.', be~,ar, jui~ ~,
jurisdiction to all we*ers of the IJnite~
Federal R~is/er / ¥o].
States. [These phase-in dates am: After
July 25, 1975, discharges into navigable
waters of the United States and
adjacent wetlands; after September 1,
1976, discharges into navigable waters
of the United States and ~eir prima~
tributaries, including adjacent wetlands.
and into naturnl lakes, greater than 5
acres in surface area; and after July 1.
1977, discharges into all waters of the
United States.7 [Section 4~
(b) St~ctures or work completed
before December 18, 1968. or in
waterbodies over which the district
engineer had not asserted jurisdiction at
the time the activity occu~ed provided,
in both instances, there is no
interference with navigation. {Section
fa} CMefofEn~i~eers. Upon proposed
issuance of new nationwide pe~its,
modification to, or reissuance of,
existing nationwide pe~its, the Chief of
~gineers will publish a notice in the
Federal Register seeking public
comments and including the opport~ity
for a public hearing, This notice will
state the availability of info.etlon at
the Office ot the Chief of Engineers and
at all dfstric~ offices which reveals the
Co~s' provisional deter/nation that
· he proposed activities comply wi~ ~e
'equirements for issuance under general
permit authority. The Chief of Engineem
will prepare this info~atinn which will
be suppleinented, if appropriate, by
division engineers.
[b} D/strict engineer. Concurrent
with publication in ~e Federal Register
of proposed, new, or reissued
natinnwide permits by ~e Chief of
Engineers, disC/ct engineers will so
notify the known interested pubic by an
appropriate notice. The no.ce will
include regional condi~ons, if any,
developed by the d~vision engineer.
~ 3~.5 NaOonwlde
(a} Aut~orized act/vities. ~e
following activities ar~ hereby pe~itted
p~vided ~ey meet ~e conditions li~ted
in para~aph ~b} of ~ia ~eatian and,
whe~ requital, comply wi~ ~e
notification procad~s, of ~
{1] The placement of aids to
n~gation and ~lato~ mark~
whi~ am app~ved by and ~taHad ~
ancordance ~ ~e ~q~mants of ~
U.S. Coast Guard {~ ~ P~ ~.
Subchapter G}. {~aaon
{2} S~t~es co~ctad ~ a~dal
~nala ~ p~pally ~aidanfial
developments whe~ ~ ~ec~on of
~e canal to a navigable water of ~a
U~ted Stat~ has b~an
au~o~ed {see 33 V~ P~ 3~]).
~caun
No. 219 / Thursday, November 13, 198~Ru]es and Regulations
(3) The repair, rehabilitation, or
replei:~men! of any previously
authorized, currently serviceable,
structure or fill, or of any currently
serviceable structure or fill constructed
prior to the requirement for
authorization, provided such repair,
rehabilitation, or replacement does not
result in a deviation from the plans of
the original structure or fill and further
provided that the structure or fill has not
beeo put to uses differing from uses
specified for it in any permit authorizing
its original construction. Minor
deviations due to changes in materials
or construction techniques and which
are necessary to make repair,
rehabilitation, or replacement are
permitted. Maintenance dredging and
beach restoration ere not authorized by
this nationwide permit. ISection 10 and
404)
14) Fish and wildlife harvesting
devices and activities such as pound
nets, crab traps, eel pots, lobster traps,
duck blinds, and clam end oyster
digging. {Section
[57 Staff gages, tide gages, water
recording devices, water qualit~ testing
and improvement devices, and similar
scientific structures. {Section
(6} Survey activities including core
sampling, seismic exploratory
operations, and plugging of seismic shot
holes and other exploratory-type bore
holes. Drilling of explorution-type bore
holes for oil and gas exp]oratinn is not
authorized by this nationwide permit;
the plugging of such holes is authorized.
{Sections 10 and 4047.
(7) Outfall structures and associated
intake structures where the effluent from
that ouffall has been permitted under
the National Pollutant Discharge
Elimination System program (Section
402 of the Clean Water Act] (see 40 CFR
Part 122) provided that the distxict or
div/sion engineer makes a determination
that the individual and cumulative
adverse environmental effects of the
atructute itself are minimal in
accordance with § 330.7 [c](2] and {d].
Intake structures per se are not
included---only those directly nsaociated
· ,*Ath an outfall structure are covered by
this nationwide permit. This permit
includes minor excavation, filling and
other work associated with installation
of the intake and oulfall alructurea.
{Santions 10 and 404)
(8) Structures for the exploraUon.
production, and transportation of oil
gas, and minerals on the outer
continental shelf within areas leased for
such purposes by the Department of
Interior, Mineral Management Service,
provided those structures are not plac~:]
within the I~mJts of any designated
shipping safety fairway or mt~c
4;1255
separation scheme (where such limits
have not been designated or where
changes are anticipated, district
engineers will consider recommending
the discretionary authority provided by
330.8 of this Part, and further subject to
the provisions of the fairway regulations
in 33 CFR 322.5{11 {Section 10}.
(9) Structures placed within anchorage
or fleeting areas to facilitate moorage of
vessels where such areas have been
established for that purpose by the U.S.
Coast Guard. {Section 10}
(10] Non-commercial. single-boat,
mooring buoys. {Section 107
(11} Temporary buoys and markers
placed for recreational use such as
water skiing end boat racing provided
that the buoy or marker is removed
within 30 days after its use has been
discontinued..At Corps of Engineers
reservoirs, the reservoir manager must
approve each buoy or marker
indi'~iduully. (Section
(12) Discharge of material for backfill
or bedding for utility lines, including
out/all end intake structures, provided
there is no change in preconstruction
bottom contours (excess material must
be removed to an upland dxsposal area).
A "utility line" is defined es any pipe or
pipeline for the transportation of any
gaseous, liquid, bquifiable, or slurry
substance, for any purpose, and any
cable, li~e, or wire for the Ixansmission .
for any purpose of electrical energy,
telephone and telegraph messages, and
radio and television communication.
fl'he utility line and ouffall and intake
structures will require e Section
permit i! in navigable waters o! the
United States. See 33 CFR Part 322, See
also paragraph [a)[77 of this section).
[Section 404)
[13) Bank stabilization activities
provided:
Ii) The beak stabilization activity is
leas than ,~o feet in length;
{ii) The activity is necessary for
erosion prevention;
(iii) The activity is l/m~ted to less than
an average of one cobic yard per
running foot placed along the bank
within waters of the United States;
(iv) No material is placed in excess of
the minimum needed for erosion
protection;
(v} No material is placed in any
wetland area;
(vi) No material is placed in any
location or in any manner so as to
impair surface water flow ~nto or out of
any wetland area;
(vii) Only clean material free of waate
metal products, organic materials,
unsightly debris, etc. is used; and
(viii) The activity ia a shale and
complete project. [Sections 10 and 404]
Fmtera] R~gisior / VoL ~No. L~I9 / Thursday, November ~3, 29~ ~ - ~.ules and Relations
includes the fi]] is licensed hy the
Federal'Energy Regulatory Commission
{FERC} under the Federal Power Act of
1920, as amended; has a total generating
capacity of not more than 1500 kw {2,000
horsepower); qualifies for the short-form
licensing procedures of the FERC {see lg
CFR 4.61}: and the district or division
engineer makes a determination that the
individual and cumulative adverse
effects on the environment are minimal
in accordance with § 330.? (c}I2) and (d).
(Section 404)
{18] Discharges of dredged or
mat~'ial into all waters of the United
States other than we~.nds that do not
exceed ten cubic yards as part of a
single and complete project provided the
material is not placed for the purpose of
stream diversion. (Sections 10 and 404}
{19) Dredging of no more than ten
cubic yards from navigable waters of
the United States as part of a single and
complete profect. This permit does not
authorize the connection of canals or
other artificial waterways to navigable
waters of the United 5tares (see Section
33 CFR 3~..5{g)). (Section 10)
{20} Stro~tures, work, and discharges
for the containment and cleanup of oil
and hazardous substances which are
subject to the National Oil and
Hazardous Substances Pollution
Contingency Phm, (40 ~ Part
provided the Regional Response Team
which is activated trader the Plan
concurs with the proposed containment
and cleanup action. (Sections 10 and
(21) Structures, work. discharges
associated with surface coal mlnln~
activities provided they were authorized
by the Department of the Interior. Office
of Surface bqinin~, or by stores with
approved programs under Title V of the
S~rface Mining Control and Reclamation
ACt of lg7~; the appropriate district
engineer is given the opportunity to
review the Title V permit application
and all relevant Office of Surface
Mining or state (aa the ca~ may be)
documentation prior to any deci~loa on
that application; and the district or
· division engineer makes a determination
that the individual and cumulative
..dye.'se effects on the environment from
,-t,l,~al in accordance with §! ~30.7 {c)
{=) and iS} ,nd {d}. (Sect(om ~0 and
(aZ} I.C_mor work. ~lls. or temporary. ·
atmcte.rea requirod for the removal of
wrocked, abandoned, o~ disabled
. vessels, or the removal of man-made - -
obstructions to navigation. ~ i~nnlt
does not authorh~ ms,at,lance : .....
-fl4} Minor road crossing fill~ including
aH attendant rearm'es, both temporary
and permanent, that are part of a single
and complete projeci for crossing of a
non-tidal waterbody, provided that the
crossing is culverted, bridged or
otherwise designed to prevent the
restriction of, and to withstand.
expected high flows and provided
further that discharges into any
wetlands adjacent to the waterbody do
not extend beyond 100 feet on either
side of the ordinary high water mark of
that waterbody, A "minor road crossing
fill" is defined as a crossing that
involws the discharge of less than 200
cubic yards of fill material below the
plane of ordinary high water. The
crossing may require a permit from the
US Coast Guard if located in navigable
waters of the United States. Some road
fills may be eligible for an exemption
from the need for a Section 404 permit
altogether (see 33 CFR 323.4). District
engineers are authorized, where local
circumstances indicate the need, to
define the term "expected high flows"
for the purpose of establishing
applicability of this nationwide permit.
(Sections 10 and 404)
(15} Discharges of dredged or
material incidental to the cons~'uction of
bridges across navigable waters of the
United States, including cofferdams,
abutments, foundation seals, piers, and
temporary consm~ction and access fills
provided such discharge has been
authorized by the US Coast Guard aa
part of the bridge permit, Causeways
and approach fills are not included in
this nationwide permit and will require
an individual or regional Section 404
permit. (Section 404]
(16} Return water from an up]and.
contained dredged material disposal
area (see 33 CFR 323.2.(d}} provided the
state has issued a site specific or gunerlc
certification under section 401 of the
Clean Water Act {see also 33 CFR
32.5.2(b}(1}}. The dredging itself requires
a Section 10 permit ff located in
navigable waters of the United States.
The return water or runoff [mm a
contained disposal area is
aa,~nlat~atively defined as a discharge
of dredged material by' 33 CFR 37..3.2(d}
even though the disposal itself oc. on~
the upland and thus does not require u
section 404 permit. This nationwide
permit ~atiafles the te~.hnte~ - ' '"
roquirement for" section 404 permit for
tbe return water where the qualitF of the
return water is controlled by the store
through the section 401 c~'tification '
procedm~ {Section 404} ..... '-
0-?} Fills uacocla~ed wiS, emdl" 7" !.'
hydropowg pro~ecte af exi~dn~
(23) Activities, work, and discharges
undertaken, assisted, authorized,
regulated, funded, or financed, in whole
or in part, by another federal agency or
department where that agency or
department has determined, pursuant to
the CEQ Regulation for Implementing
the Procedural Provisions of the
National Enviromnentul Policy Act [40
CFR Part 1500 et seq.), that the activity,
work, or discharge is categorically
excluded from envLrunmentel
documentation because it is included
within a c~tegury of actions which
neither individually nor cumulatively
have e significant effect on the human
environment, and the Office of the Chief
of Engineers {ATTN: DAEN-CWO-N]
has been furnished notice of the
agency's or department's application for
the categorical exclusion and concurs
with that determination. Prior to
approval for purposes of this nationwide
permit of any aguncy's categorical
exlcusiuns, the Chief of Engineers will
solicit comments through publication in
the Federal Register. {Sections 10 and
404}
{24} Any activity permitted by a state
administering its ow~ Section 4o4 permit
program for the discharge of dredged or
fill material authorized at 33 U.S.C.
1344(g}-{1) is permitted pursuant to
section 10 of the Rivers and Harbors Act
of 189g. Those activities which do not
involve a section 404 state permit are
not included In this nationwide permit
but many will be exempted by section
154 of Pub. L 94-587. (See 33 CFR
32Z3(aI(Z)}. (Section ~0)
{25) Discharge of concrete into tightly
sealed forms or cells where the concrete
is used as a siru~ah-al member which
would not otherwise be subject to Clean
Water Aa jurisdiction. [Section 404)
{28) Discharges o[ dredged or
material into the waters listed in
paragraphs {a)[2~) (i) and {ii} of this
section except those which cause the
loss or substantial adverse modi~catinh
of 10 a~res or more of such waters of the
United Stores, including wetlands. For
discharges which cause the loss or
substantial adverse modification of 1 to
lO acres of such waters, i~Audi~
wetlands, notification to the district .
e~eer is required in accordance with
section L~}O.7 of this aecgon. [Section
40~}. -: ..- ....
(i] Non-tidal rivere, atreame, and thef~
lakes and Impoundmente, includln$
edjaoent wefland~ that are located
ubove the beadwater~
· {ii) Other non:tidal wetem of the
United States, inclnding udjacent
wetlands, that nro not part of n ~udaco
tributary syatom to !nterstote water~.m
Federal Relgster / Vo~,
navigable waters of the United States
(i.e., isolated waters).
{b) Conditions, The followin~ special
conditions must be followed in order for
· e n~tionwide pe~ts identified
paragraph (a) of ~is section to be valid:
{1~ That any discharge of dredged or
filI material will not occur in the
proximity of a public water supply
intake.
{2) That any discha~e of dredged or
fill material will not occ~ in areas of
concentrated shellfish production ~less
the discharge is directly related to a
shellfish ha~esfin~ activity au~orized
by paragraph {a){4) of ~is section.
[3) That the a~tivity will not
jeopardize a ~reatened or en~angcred
species as identified under
~dangered Species Act {ESAU, ur
destroy or adversely modify the critlca]
habitat of such species, in
federal sgencies, it is the agencies'
responsibility to comply with the
requirements of the ESA. If the activity
may adverseJy a~fect any ]igtsd species
or critical habitat, the district engineer
must initiate Section 7 c~nsu]tation in
accordance with ~e C~A. In such cases.
the district on,near may:
(1) Initiate section 7 consultation and
then. upon completion. ~uth,';~e the
activity under the
ad~!ng, if apprnp~ate, activH~ specifi~
conditions, or
[ii) ~ior to or concu~ent with section
7 consultation he may ~commend
discretinna~ autho~ty {See section
330.8) or use modification, suspension.
or revocation procedures (See 33
325.7}.
(4) ~at ~e act/wit hallnot
significantly dis~pt ::;e movement of
·ose species of aqustic life ~digenous
to the waterbody (~less the pfima~
pu~ose of ~e fill is to ~po~d water):
{5) That say discha~e of ~dged or
fill material shall consist of suitable
ma~eria[ free ~om to~c pollutants {see
section ~7 of the Clean Water Act) in
toxic amounts;
{6) That any s~c~ or
au~ofized shall be pwperly ma~tained.
[7~ ~at ~e acti~W
component of ~e National Wild and
~e~c ~ver System: nor ~ a ~ver
offidslly desi~ated
"study ~ver" for possible ~dusinn
~e system, while
o~cia[ study
(8~ ~at ~e acfi~W shall not aause an
~a~ptabie ~de~u~
[9J ~aL ff ~e acfi~W may adve~ely
a~ect histo~c p~pe~es whi~ ~e
National PaF~ ~ has llst~ o~ or
dete~ed eligible for
National Register of ~sto~c Ea~s, the
pe~ttee wi~ ~fi~ ~e ~s~
No. 219 / Thursday, Noveg~ber 13,
engineer. Lt' the district engineer
determines that such historic properties
may be adversely affected, he will
provide the Advisory Council on
Historic Preservation an opportunity to
comment on the effects on such historic
properties or he will consider
modification, suspension, or revocation
in accordance with 33 CFR 325.7.
Fm'ihermore, that, if the permittee before
or during prosecution of the work
authorized, encounters a historic
property that has not been listed or
determined eligible for listing on the
National Register, but which may be
eligible for listing ,in the National
Register, he shall immediately notify the
district engineer;,
{10) That the construction or operation
of the activity will not impair reserved
tribal rights, including, but not limited
to, reserved water rights and t~eaty
fishing and hunting rights:
[1t) That in certain states, an
individual state water quality
certification must be obtained or waived
(See § 330.9);
(12} That in certain states, an
individual state coastal zone
management consistency concurrence
must be obtained or waived (See
§ 330.10}:
{13) That the activity will comply with
regional conditions which may have
been added by the division engineer
(See § 330.81a)); end
{14} That the management practic.<
listed in § 330.8 of this part shall be
followed to the maximum extent
practicable.
(c) Further information. (1] District
engineers ate authorized to determ/ne if
an activity complies with the terms and
conditions of a nationwide permit unless
Ihat decision must be made by the
division enginl, er in accordance with
§ 330.7.
(2) Nationwide perm/ts do not obviate
the need to obtain other Federal, state or
hical authorizations required by law.
1'3) Nationwide permits do not grant
any property rights or exclusive
pr/vileges.
{4} Nationwide permits do not
authorize any injury to the property or
rights of others.
[5} Nationwide permits do not
auLhorize interference with any exietin~
or proposed Federe] pwjecL
id) Modification, Suspension or
Revocation of NoEonw/de Perm/ts. The
Chief of Engineers may modify, suspend,
or revoke nationwide permits in
accordance with the relevant
procedures of 33 CFR 3352, Such
authority includes, but is not ~frnited to:
adding individual regional or
nationwide conditions: revoking
authorization for a category of activ/ties
Rules and Regulations 41257
or a category of waters by requiring
individual or regional permits; or
revoking an authorization on a case-by-
case basis. This authority is not limited
to concerns for the aquatic environment
as is the discretionary authority in
§ 330.8.
§ 330.6 Management practices.
{a} In addition to the conditions
specified in § 330.5 of this Part, the
following management practices shall
be followed, to the maximum extent
practicable, in order to minimize the
adverse effects of these discharges on
the aquatic environment. Failure to
comply with these practices may be
cause for the dist:rict engineer to
recommend, or the division ear/near to
take, discretionary authority to regulate
the activity on an individual or regional
basis pursuant to § 330.8 of this Part.
0-} Discharges of dredged or fill
mater/al into waters of the United States
shall be avoided or minimized through
the use of other practical alternatives.
(2} Discharges in spawning areas
during spawning seasons shall be
avoided.
(3) Discharges shall not restrict or
impede the movement of aquatic species
indigenous to the waters or the passage
of normal or expected high flows or
cause the relocation o[ the water [u~ess
the primary purpose of the fill is to
Impound waters).
t4) If the discharge creates an
i oundment of water, adverse hnpacts
on the aquatic system caused by the
accelerated passage of water and/or the
resection of its flow shall be
minimized.
(5) Discharge in wetlands areas shall
'be avoided.
(6) Heavy equipment working in
weflunds shall be placed on mats.
(7] Discharies into breeding areas for
migratory waterfowl shall be avoided.
[B} All temporary fills shall be
removed in their entirety.
! ~30.7 Noflfloa/Jo~ i~'ooedure~
(a} '/'be general permlttee shall not
begin discharges requ/ring pre-discharge
notificetinn pu.t~uant to the nationwide
permit at ~ 330.5[a}~Z6):
[1) Until notified by the district
engineer that the work may procee ~
tinder the nationwide permit with any
special condiUons imposed by the
district or division engineer, or
(2) ff notitled by the district or ·
division engineer that an individual
permit ma)' be required; or
[3] Unless 20 days have passed
receipt of the notification by the district
engineer and no notic~ has been
4.~8 Feds'al R~istor ! VoL
received/rom the distr'/ct or division
th} Notification pursuant to the
nationwide permit at § 330.5(a){26) must
be in w~ting and include the
information listed below. Notification is
not an admission that the proposed
work wou]d result in more than minimul
impacts to waters of the United States; it
simply allows the district or division
engineer to evaluate specific activities
for compliance with general permit
criteria.
{1} Name, address, and phone number
of the general permittae;
{2) Location of the planned work;
{3) Brief description of the proposed
work, its purpose, and the approximate
size of the waters, including wetlands,
which would be hist or substantially
adversely modified as a result of the
work; and
{4) Any specific information required
by the unfionwide permit and any other
information that the permittee believes
is appropriate.
{c) District engineer review of
notification. Upon receipt of
notification, the district engineer will
promptly review the general permittee'a
notification to determine which of the
folhiwing procedures should be
followed:
{1} If the nationwide permit at
§ 330.5{e}{26} is involved and the district
engineer determines either, (i} the
proposed activity fails within a class of
discharges or will occur in a category of
waters which has been previously
ident/~ied by the Regional
Administrator, Environmental Protection
Agency:, the Regional Director. Fish and
Wildlife Service; the Regional Director.
National Marine Fisheries Service; or
the heads of the appropriate state
natural resource agencies aa being of
particular interest to those agencies; or
{ii} the particular discharge has not been
previously idantLfiad but he believes it
may be of importance to those agencies,
he will promptly forward the
notification to the division engineer and
the head and appropriate staff officials
of those agencies to afford those
agencies an adequate opportunity before
such discharge occurs to cons/der ouch
notification and express their views, ff
any. to the district engineer
whether individual permits should be
required.
(2} ff the nationwide permits at
§ 3~o.$(e) {~'}, {17), or irt} are involved
and the Environmental Protection
Agency, the Fish and Wildlife Service,
the National Marine Fisheries Service or.
the appropriute state natural resource or
water quality agencies forward concerns
to the die~'ict engineer, he will forward
those concerns to the division engineer
2'19 / Thursday, November 13,
togethe~'.with a statement of the factors
per~n~nt to a determination of the
environmental effects of the proposed
discharges, including those set forth in
the 404(b)(1) guidelines, and his views
on the specific points raised by those
agencies.
(3] If the nationwide permit at
§ 330.5{a){21} is involved the district
engineer will give notice to the
Environmental Protection Agency and
the appropriate state water quality
agency. This notice will include as a
mlrdmnm the information required by
paregreph [b) of this section.
(d} D/vis/on en$ineer review of
notification. The division engineer will
review all notifications referred to him
in accordance with paragraph {c}(1} or
(c)(2} of this section. The division
engineer will require an individual
permit when he determines thst an ·
activity does not comply with the terms
or conditions of a nationwide permit or
does not meet the definition of a general
permit (see 33 CFR 322.2(f} and 323.2(n}}
including discharges under the
nationwide permit at §
which have more than minimal adverse
environmental effects on the aquatic
environment when viewed either
cumulatively or separately. In reaching
his decision, he will review factors
pertinent to a determinution of the
environmental effects of the proposed
discharge, including those set forth in
the 404{b){1} guidelines, and will give
full consideration to the views, if any, of
the federal and state natural resource
. agencies identified in paragraph (c} of
this sec'dom ff the division ear/near
derides that an individual permit is not
requ/red, and a federal or appropriate
state natural resource agency has
indicated in writing that an activity may
result in more than minimal adverse
environmental impacts, he will prepare
· written statement, available to the
public on requesL which sets forth his
response to the specific points raised by
the commenting agency. When the
division engineer reaches his decision
he will notify the district eagineer, who
will immediately notify the general
permittee of the division engineer's
decision.
Excapt as provided in paragraphs [c)
(Z) and (d} of this section, division.. ·
e-~,~eers on their own initiative or upon
recommendation of a district engineer
am authorized to modify nationwide
permits by addtn~ regional conditions or
to override nationwide permit~ by
requiring individual permit applications
on a case-by-case basis, for a category
of activities, or in specific geographic
areas. Discretionary authority will be
and Regulations
based on concerns for the aquatic
environment as expressed in the
guidelines published by EPA pursuant to
section 404(b)(1). (40 CFR Part 230}
(a) Activity Specific conditions.
D/vision engineers are authorized to
modify nationwide permits by adding
individual conditions on a case-by-case
basis applicable to certain activities
within their division. Activity specific
conditions may be added by the District
Engineer in instances where there is
mutual agreement between the district
engineer and the perm/tree. Furthermore,
district engineers will condition N'WPs
with conditions which have been
imposed on a state section 401 water
quality certification issued pursuant to
§ $30.9 of this Part.
lb) Regional cond/lions. Division
engineers are authorized to modify
nationwide permits by addln~
conditions on a generic basis applicable
to certain activities or specific
geographic areas within their divisions.
In developing regional conditions,
division and district engineers will
follow standard permit processing
procedures as prescribed in 33 CFR Part
325 applying the.evuluation criteria of 33
CFR Part 320 and appropriate parts of 33
CFR Parts 321, 322, 323, and 324.
Division and district engineers will take
appropriate measures to ilfform the
public of the additional conditions.
(c) l~dividual per~its--{1) Case-by-
Case. In nationwide permit cases where
additional in,iv/dual or regional
conditioning may not be sufficient to
address concerns for the aquatic
environment or where there is not
sufficient time to develop such
conditions ander paragraphs (a) or (b) of
this section, the division ear/near may
suspend use of the nationwide permit
and require an individual permit
application on a case-by-case basis.
district en~neer ~ evaluate the
application and will either issue or deny
a permit. However, if at any time the
reason for taking discretionary authority
is satisfied, then the division engineer
may remove the suspension, reactivating
authority under the nationwide per'miL
V~rhere time ts of the essence, the district
engineer may telephonically recommend
that the division engineer assert
discretionary authority to require aa
Individual permit application for a
specific activity. If the division engineer
concurs, he may orally authorize the
district engineer to implement that
authority. Oral authorization should be
followed by written confirmation.
(2) Category. Additionally, after
notice and opportunity for public
hearing, division engineers may decide
that individual permit applications
Federal Register / Vol.
uhould be required for categories of
activities, or in specific geographic
areas. However. only the Chief of
Engineers may modify, suspend, or
revoke nationwide perm/ts on a
state',vide ur nationwide basis. The
division engineer will ennormce the
decision to persons affected by the
action. The district engineer will then
regulate the activity or activities by
processing en application{si for an
individual permit{s] pursuant to 33 CFR
Part 325.
{dI For the nationwide permit found at
§ 330.5[a)(261. after the applicable
provisions of § 330.?[a} {1} and (3) have
been satisfied, the permittee's right to
proceed under the general pen'nit may
be modified, suspended, or revoked only
in accordance with the procedure set
forth in 33 CFR 325.7.
[el A copy of all modifications or
revocations of activities covered by
nationwide permits will be forwarded to
the Office of the Chiel of Engineers,
ATTN: DAEN--CW O-N.
§ 330.9 State water quality codification.
[a} State water c 'ality certification is
re .ired for nation,,;~de permits which
m. x result in any discharge into waters
of ~he United States. If a state issue~ a
water quality certification which
includes special conditions, the dis
engineer will add these conditions as
conditions nf the nationwide permit in
that state. However, if such conditions
do not comply with the provisions nf 33
CFR 325.4 or if e state denies a required
401 certification for a particular
nationwide permit, authorization for all
discharges covered by the nationwide
permit within the state is denied without
prejudice until the state issues an
individual or generic water quality
certification or waives its right to do so.
A district engineer will not process an
individual permit application for an
activity for which authorization has
been denied without prejudice under the
nationwide permit program. However, ff
the division engineer determines that it
would otherwise be appropriate to
exercise his discretionary authority,
pursuant to § 330.8, to override the
nationwide permit or permits in
question, he may do aa, and the district
engineer may proceed with the
proceseL"~ of individual permit
applications. In instances where a state
has denied the 4ol water quality
cattY, cation for discharges under a
particular nationwide permlL eppllcante
must furnish the district engineer with
an individual or generic 401 certification
or a copy of the application to the
for the cert~cation. If a state Inil~ to act
within a reasonable period of time
§ 325 2[b)[1}{iI)),. waiver will be
ThUrSday, November 13, 19~RUles and RegUlations 4/2.59
presumed. Upon receipt of an individual
or generic certification or a waiver of
certification, the proposed work is
authorized under the nationwide permit
If a state issues a conditioned individual
certification, the dis~ic: engineer will
include those conditions that comply
with 33 CFR 325.4 as special conditions
of the nationwide permit {see 33 CFR
Part 330.8{a}) and notify the applicant
that the work is authorized under the
nationwide permit provided aH
conditions are met.
[b) Certification requirements for
nationwide permits fall into the
following general categories:
{I) No certification required.
Nationwide permits numbered 1, 2, 4, 5,
g, g, 10, 11, and 19 do not involve
activities which may result in a
discharge and therefore 401 certification
is not applicable.
{2) Certification sometimes required
Natioewide permits numbered 3, 6, 7, 13,
20 21, 22, and 23 each involve various
activities, some o! which may result in a
discharge and require certification, and
others of which do not. State denial of
certification for any specific nationwide
permit in this category affects only those
activities involving discharges. Those
not involving discharges remain in
effect.
{3J Certification required. Nationwide
permits numbered 12, Il, 15.16, 17,
24. 28. and 28 involve activities which
would result in discharges and therefore
401 certification is required.
(c) District engineers will take
appropriate measures to inform the
public of which waterhodiee or regions
within the state, end for wMch
nationwide permits, an individual 401
water quality certification la required.
§330.10 Cns~tJl zone management
concurred that a particular nationwide
permit is consistent with an approved
authorization for all activities subject to
such.nationwide permit within or
area of authority is denied without
prejudice until the applicant has
furnished to the district ensdneer a
determination pumuant to section 307 of
the Goestal Zone Management Act and
the state has concurred in iL If a state
does not act on an applicant's
consistency statement within six months
attar receipt by the state, consistency
shall be presumed. District en~neer~
will take appropriate measures to Inform
the publin of which waterbediee or
regions within the state, and for which
nationwide permits, such individual
consistency determination is required.
District engineers will not process any
permit application for an activity which
has been denied without prejudice
under the nationwide permit program.
However, ff the division engineer
determines that it would otherwise be
appropriate to exercise his discretionary
authority, pursuant to § 330.8, to
override the nationwide permit or
permits in question, he may do so, and
the disirict engineer may proceed with
the processing of individual permit
applications.
§ 330.11 Nationwide permit verification.
(e} General permittees may, and in
some cases must, request from a district
engineer confirmation that an activity
complies with the ten'ns and conditions
of a nationwide permit. District
engineers will respond promptly to such
requests. The response will state that
the verification is valid for e period of
no more than two years or a lesser
period of time if deemed appropriate.
Section 330,12 takes precedence over
this section, therefore, it is incumbent
upon the permittee to remain informed
of changes to nationwide permits,
lb) 1! the district engineer decides that
an activity does not comply with the
terms or conditions of e nationwide
permit, he will so notify the person
desiring to do the work and indicate that
an individual permit is required {unless
covered by · regional permti~
[c) If the disb'ict engineer oecldes that
an activity does comply with the terms
and conditions ora nationwide permit
he will so notify the general permittee.
In such cases, as with any activity
which qualifies under a nationwide
permit, the general permittee's right to
proceed with the activities under the
natidnwide permit may be modified.
ecapended, or revoked only in
accordance with the procedures of 33
CFR 325.?.
§ 330.12 Exl~rstion o f nationwide permlt..
The Chief of Engineers will review
nationwide permits on a continual basis,
and will decide to either modify, reissue
{extend) or revoke the permits at least
ever~ five years, ffa n~tionwide permit
1~ not modified or reissued within live
yenre of publication in the F~derul
R~gtatar. it automatically expires and
becomes null and vnid. Authorization of
activities which have commenced or a_re
. upon a nationwide permit will remain in
effect provided the activity ia completed
within twelve months of the date a
nationwide permit has expired or wa,
revoked unless discretionary pennlt
authority has been exercised in
~ F~hual Re~i~ter ! Vol. 51
nccordence with § 330.8 of this Part or
procedm'es are init. isled in accordance
with the re]event provisions of 33 CFR
325,7. Activities ~:ompleted under the
authori~:ation of a nntiunvvicte permit
which was in effec! at the time the
activity wns cvmp]eted continue to be
at:' ~orized by that nntionwlde permit.
[FR Doc. 8~-2530~ Filed 11-12-~: 8:43 am]
2ig ! ,Thursday, November 13, 1986,
les and Regula~ons
PECt'7 IK?
<--EIglF F LOOD ~
WlDTtI~ I MILE
--26~ A~A
%¢t lt4 ___. v
80'3ECTION TO. BE
SCALE
~:20'
RECC~S TRUC TI:D~
'Narra[ooka p!
Suffolk County
HaRstrom [.~ap 25
Scale i["=3,000'
A
A
"-New York State Departr~l~t of Environmental Conserval
~ Building 40--SUNY, Stony Brook, New York 11790-2356
(516) 751- ]389
Thomas C. Jorling
Commissioner
Beachwood Colony Owners
1045 Dean Dr., P.O.Box 478
Mattituck, NY ~1952
November 22, 1991
LS/rw
Dear Permittee:
RE: Permit #1-4738-00369/00001-0
In conformance with the requirements of the State Uniform Procedures
Act (Article 70,ECL) and its implementing regulations (6NYCRR, Part 62i)
we are enclosing your permit. Please read all conditions carefully. If
you are unable to comply with any conditions, please contact us at the
above address.
Also enclosed is a permit sign which is to be conspicuously posted at
the project site and protected from the weather.
Very truly yours,
Laura Scovazzo
Environmental Analyst
enclosure
3201 3 (8/90)--10f NUMBER
_..~ N.W¥OB. ST~,TE,~.,'.,R~-MEN~-O...V,BO.,~EN'r.,,_CONSERV.,~-,ON 250710
v RECEIPT
Region Number_l Date ~2-'//L/
R e ce ive d//o fr//~ ~, ~ ~(~ ~~.
In the amount of.._%~ ~g~C ,
~- ;-~-o~qI oooo,-o CJ
De.ar,me.,?e.enta.ve
~heok mber~ )~ Title~/~ F~
~ Money Ord~ ORIGINAL '
1-4738-00369/00001-0
PERMIT
Under the Environmenlal Conservation Law (ECL)
Nov. 22, 1991
[ XPIRATION DATE
NOV. 30, 1993
Protection of Water
~ Article 15, Title 15:
Water Supply
~ Article 15, Title 15:
Water Transporl
[~q Article15, Title15:
Long Island Wells
[--~ Article 15, Title 27:
Wild, Scenic and Recreational
Rivers
~ 6NYCRR 608:
Water Quality Certificalion
Article 17, Titles 7, 8:
SPDES
Article 19:
Air Pollution Control
Arlicle 23, Title 27:
Mined Land Reclamation
Article 24:
Freshwater Wellands
Article 25:
Tidal Wetlands
Article 27, Title 7; 6NYCRR 360:
Solid Waste Management
~] Permit to Operate
~ Article 27, Title 9; 6NYCRR 373:
Hazardous Waste Management
~] Arlicle 34:
Coastal Erosion Management
~ Article 36;
Floodplain Management
~ Articles 1, 3, 17, 19, 27, 37;
6NYCRR 380: Radiation Control
MOther:
Beachwood Colony Owners
1045 Dean Dr., P.O.Box 478, Mattituck, NY 11952
tONI^(1 PIR$ON eor PERMITnO wORK
J.M.O. Consulting, P.O.Box 447, Quogue, N~ 11959
TEL[PIIONE NLIMBE R
b16 ~ 653-0607
Dean Drive, Mattituck
( r)UNIY T C)WN/O~¥5~,~tJ~X WATI RCOURSe/W[ TL^NO NO
Suffolk Southold Great Peconic Bay
[)~SC'RIJ lION O[ ALUHORIZFD ^( HVITY
In-kind, in-place reconstruction of 80' of exisitng timber groin.
in accordance with the attached NYSDEC approved plan.
NYTM COORDINATES
N4
Ail work shall be
By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance
with the ECL, all applicable regulations, the General Conditions specified (See Reverse Side) and any Special
Conditions included as part of this permit.
Deputy Regional ~,,l~t~Y A~ -~
David DeRidder _
AUTHORIZ[D SI(;NATUR~ ~/V~?<?<//'~'~Z/-¢'"~ //~¢~/~*/~ ..... I~ 1/22/9 ! Pa.el of 4
. A~i~I. ONAt GENERAL CONDITIONS FOR ARTICLES 15 (Title 5I, 24, 25, 34, 36 and 6 NYCRR Pad 608 (
9 That if future operalions by the State of New York require an al-
leration in the position of Ihe structure or work herein authorized, or
if. in the opinion of tile Department of Environmental Conservation
it shall cause unreasonable obstruction to the free navigation of said
water, or flood flow~ or endanger the health, safety or welfare of
the people of the State, or cause loss or destruction of the natural
modificalion of the watercourse hereby authorized shall not be com-
plated, the owners, shall, without expense to the State, and to such
and flood capacity of lhe watercourse No claim shall be made against
the State of New York on account of any such removal or alteration.
113 That the State of New York shall in no case be liable for any damage
or injury to the structure or work herein authorized which may be caused
other environmentally deleterious materials associated with the
project.
13 Any material dredged in the prosecution of the work herein permitted
shall be removed evenly, without leaving large refuse piles, ridges across
the bed of a waterway or floodplain or deep holes that may have a
tendency to cause damage to navigable channels or to the banks of
14 There shall be no unreasonable interference with navigation by the work
herein authorized.
15 If upon the expiration or revocation of this permit, the proiect hereby
authorized has not been completed, the applicant shall, without expense
to the State, and to such extent and in such time and manner as the
Department of Environmental Conservation may require, remove all or
any portion of the uncompleted structure or fill and restore the site
to its former condition. No claim shall be made against the State of
New York on account of any such removal or alteration
16 If 8ranted under Article 36, this permit does not signify in any way
that the project will be free from flooding
17 I~ ~ranted under 6 NYCRR Part 608, the NYS Department of Environ-
mental Conservation hereby certifies that the subject project will not
contravene effluent limitations or other limitations or standards under
Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977
(PL 95-217) provided that all of the conditions listed herein are met
18 All activities authorized by this permit must he in strict conformance
with the approved plans submitted hV the applicant or his agent as part
of the permit application
Such approvedplan~ were prepared by J.M.O.Consulting
dated 7/28/9~ last revised 9/9/9]
SPECIAL CONDITIONS
There shall be no burial or other disturbance to any submerged or intertidal
vegetation as a result of the permitted activity.
2. Sand trapped to the east of the existing groin shall be excavated and retained prior
to removal or demolition of the section of groin to be replaced. Once the groin is
reconstructed, the existing retained fill may be relocated.
3. No addition of fill is authorized by this permit.
4. Equipment operation below mean high water is strictly prohibited.
5. Ail repairs to existing structures shall be confined to replacement of existing
structural elements with no change in design, dimension, or materials, unless
specifically authorized herein.
Supplementary Special Conditions (A) thru (J) attached.
1-4738-00369/0000]-0
.~Pa-e 3 of 4
The following conditions apply to all permits:
A. If any of the permit conditions are unclear,the permittee shall con-
tact the Division of Regulatory Affairs at the address and telephone
noted below.
l
B. A copy of this permit with supplementary conditions and approved
plans shall be available at the project site whenever authorized
work is in progress.
C. The permit sign enclosed with the permit or a copy of letter of
approval shall be protected from the weather and posted in a con-
sp]cuous location at the work site until completion of authorized work.
D. At least 48 hours prior to commencement of the project, the permittee
shall complete and return the top portion of the enclosed receipt form
certifying that he is fully aware of and understands all provisions and
conditions of this permit. Within one week of completion of the
permitted work, the bottom portion of that form shall also be com-
pleted and returned.
E. For projects involving activities to be accomplished over a period of
more than one year, the permittee shall notify the Regional Permit
Administrator in writing at least 48 hours prior to the commencement
of resumption of work each year.
F. If project design modifications take place after permit issuance, the
permittee shall submit the appropriate plan changes for approval by
the Regional Permit Administrator prior to undertaking any such modi-
fications. The permittee is advised that substantial modification
may require submission of a new application for permit.
G. Ail necessary precautions shall be taken to preclude contamination of
any wetlands or waterway by suspended solids, sediment, fuels,
solvents, lubricants, epoxy coatings, paints, concrete, leachate or
any bther~environmentally deleterious materials associated with the
project work.
Any failure to comply precisely with all of the terms and conditions
of this permit, unless authorized in writing, shall be t~eated as a
violation of the Environmental Conservation Law.
The permittee is advised to obtain any permits or approvals that may
be required from the U.S. Department Of Army Corps of Engineers, NY
District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory
Functions Branch), prior to commencement of work authorized herein.
The granting of this permit does not relieve the pe[mittee of the
responsibility of obtaining a grant, easement, or other necessary
approval from the Division of Land Utilization, office of General
Services, Tower Building, Empire State Plaza, Albany, NY 12242, which
may be regulred for any encroachment upon State-owned lands underwater.
DEC #
Pagetof~
Regional Permit Administrator
NYS Dept. of Environmental Conservatlon
Bldg. 40, SUNY-Room 219
Stony Brook, NY 11790-2356
{516) 751-1~
' CliAI~'LES T. ItAMlbTOH
Chle£, Mariee Regulatory SecLion
NYSDBC, Bureau of Marine IlabJtat Protection
Bldg. 40, SUNY, Room 225
Stony Brook, NY
Re: Permit No.
|ssued To:
Contractor ' s
Co~1 t~r act or ' s
Name:
Add r ess:
Contractor's Phone No.
Dear Sir:
Pursuant Lo Generd] Condition Number 1 of the above rl.,ferenced
permit you are hereby notified that the authorized activity shall
commence on. This notice is Lo be se.L aL least
two days in a~~-"~-6~i~i~,~s[ of the project.
The per,,,it sign wi.Il be posled aL the siLe and copy of pe[mil, will be
available at siLe fo[ inspection.
Submi I I. ed By: .......................................................... Date: ......................
FAII.U[{E TO NOTIFY OR POST SIGN WII,L I EAVE OWNEr{ AND/O[{ CONTRACTOr{
SUIIJECT TO APPI, ICABI,E PENALTIES FOR NON-COMPLIANCE WITH PERMIT
COHO 1T 1ON.
CIIARI,ES T. IIAMII,TON
Chief, Marine Regulatory Section
NYSDEC, Bureau of Marine Habitat P[ul:ection
Bldg. 40, SUNY, Room 225
Stony Brook, NY
[,ermit No. _ ..................... iL: ........................
Issued
~IC BAY
<-EBB FLOOD->
WIDTH~ I MILE
80/SECTION TO B~
SCALE
1~.~20''
RECO~S~
' Narratook~ PI
Suffolk County
Hagstrom /,lap 25
Scale 1"=3,000'
V
(ID
C~ H6 El LTl ~6-