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Federal Register / Vol. 51. No. 219 / Thursday, November 13. 1986 / Rules and Regulation! 41255
<br />States. (These phase -in dates are: After
<br />July 25. 1975. dt,,rhargee into navigable
<br />waters of the United States and
<br />Ndlacent wetlands: after September t.
<br />1�J76. discharges into navigable waters
<br />of the United States and their pnmary
<br />tributaries. including adjacent wetlands,
<br />and into natural lakes. greater than 5
<br />acre,- in surface area: and after July 1.
<br />1977, di:c'iarges into all waters of the
<br />United States.) (Section 404)
<br />(h) Structures or work completed
<br />before December 18. 19M. or in
<br />waterbodies over which the district
<br />engineer had not asserted jurisdiction at
<br />the time the activity occurred provided.
<br />in both instances, there is no
<br />interference with navigation. (Section
<br />in)
<br />g 330.4 Public notice.
<br />(a) Chief of Engineers. Upon proposed
<br />issuance of new nationwide permits,
<br />modification to, or reissuance of,
<br />existing nationwide permits, the Chief of
<br />Engineers will publish a notice in the
<br />Federal Register seeking public
<br />comments and including the opportunity
<br />for a public hearing. This notice will
<br />state the availability of information at
<br />the Office of the Chief of Engineers and
<br />at all district offices which reveals the
<br />Corps' provisional determination that
<br />the proposed activities comply with the
<br />requirements for issuance under general
<br />permit authority. The Chief of Engineers
<br />will prepare this information which will
<br />be supplemented. if appropriate. by
<br />division engineers.
<br />(b) District engineers. Concurrent
<br />with publication in the Federal Register
<br />of proposed, new. or reissued
<br />nationwide permits by the Chief of
<br />Engineers. district engineers will so
<br />notify the known interested public by an
<br />appropriate notice. The notice will
<br />include regional conditions, ti any,
<br />developed by the division engineer.
<br />§ 330.5 Nationwide permits.
<br />(a) Authorized activities. The
<br />following activities are hereby permitted
<br />provided they meet the conditions listed
<br />in paragraph (b) of this section and,
<br />where required, comply with the
<br />notification procedures. of 4 330.7.
<br />(1) The placement of aids to
<br />navigation and regulatory markers
<br />which are approved by and installed in
<br />accordance with the requirements of the
<br />U.S. Coast Guard (33 CFR Part 66,
<br />Subchapter Q. (Section 10)
<br />(2) Structures constructed in artificial
<br />canals within principally residential
<br />developments where the connection of
<br />the canal to a navigable water of the
<br />United States has been previously
<br />authorized (see 33 CFR Part 322.5(g)).
<br />(Section 10)
<br />(3) The repair. rehabilitation. or
<br />replacement of any .previously
<br />authonzed, currently serviceable.
<br />structure or fill. or of any currently
<br />serviceable structure or fill constructed
<br />prior to the requirement for
<br />authorization, provided such repair,
<br />rehabilitation. or replacement does not
<br />result in a deviation from the plans of
<br />the original structure or fill, and further
<br />provided that the structure or fill has not
<br />been put to uses differing from use3
<br />specified for it in any permit authonzing
<br />its original construction. Minor
<br />deviations due to changes in materials
<br />or construction techniques and which
<br />are necessary to make repair.
<br />rehabilitation, or replacement are
<br />permitted. Maintenance dredging and
<br />beach restoration are not authorized by
<br />this nationwide permit. (Section 10 and
<br />404 )
<br />(4) Fish and wildlife harvesting
<br />devices and activities such as pound
<br />nets. crab traps. eel pots, lobster traps.
<br />duck blinds, -ind clam and oyster
<br />digging, (Section 10)
<br />(5) Staff gages, tide gages, water
<br />recording devices, water quality testing
<br />and improvement devices, and similar
<br />scientific structures. (Section 10)
<br />(8) Survey activities including core
<br />sampling, seismic exploratory
<br />operations, and plugging of seismic shot
<br />holes and other exploratory -type bore
<br />holes. Drilling of exploration -type bore
<br />holes for oil and gas exploration is not
<br />authorized by this nationwide permit:
<br />the plugging of such holes is authorize&
<br />(Sections 10 and 404).
<br />(7) Outfall structures and associated
<br />intake structures where the effluent from
<br />that outfall has been permitted under
<br />the National Pollutant Discharge
<br />Elimination System program (Section
<br />402 of the Clean Water Act) (see 40 CFR
<br />Part 122) provided that the district or
<br />division engineer makes a determination
<br />that the individual and cumulative
<br />adverse environmental effects of the
<br />structure itself are minimal in
<br />accordance with 1330.7 (c)(2) and (d).
<br />Intake structures per se eire not
<br />included —only those ditectly associated
<br />with an outfall structure are covered by
<br />this nationwide permit. This permit
<br />includes minor excavation, filling and
<br />other work associated with installation
<br />of the intake and outfall structures.
<br />(Sections 10 and 404)
<br />(a) Structures for the exploration.
<br />production, and transportation of oil,
<br />gas, and minerals on the outer
<br />continental shelf within areas leased for
<br />such purposes by the Department of
<br />Interior, Mineral Management Service,
<br />provided Those structures are not placed
<br />within the limits of any designated
<br />shipping safety fairway or traffic
<br />separation scheme (where such limits
<br />have not been designated or where
<br />changes are anticipated. district
<br />engineers will consider recommending
<br />the discretionary authority provided by
<br />330.8 of this Part, rid further subject to
<br />the provisions of thi.z fairway regulations
<br />in 33 CFR 322.5(1) (Section 10).
<br />(9) Structures placed within anchorage
<br />or fleeting areas to facilitate moorage of
<br />vessels where such areas have been
<br />established for that purpose by the U.S.
<br />Coast Guard. (Section 10)
<br />(10) Von -commercial, single -boat,
<br />mooring buoys. (Section 10)
<br />(11) Temporary buoys and markers
<br />placed for recreational use such as
<br />water skiing and boat racing provided
<br />that the buoy or marker is removed
<br />within 30 days after its use has been
<br />discontinued. At Corps of Engineers
<br />reservoirs, the reservoir manager must
<br />approve each buoy or marker
<br />individually. (Section 10)
<br />(12) Discharge of material for backfill
<br />or bedding for utility lines, including
<br />outfall and intake structures, provided
<br />there is no change in preconstrvctimi
<br />bottom contours (excess material m tat
<br />be removed to an upland disposal area).
<br />A "utility line" is defined as any pipe or
<br />pipeline for the transportation of any
<br />gaseous, liquid, liquifiable, or slurry
<br />substance, for any purpose, and any
<br />cable, line. or wire for the transmission
<br />for any purpose of electrical energy,
<br />telephone and telegraph messages, and
<br />rad?o and television communication.
<br />(The utility line and outfall and intake
<br />structures will require a Section 10
<br />permit if in navigable waters of the
<br />United States. See 33 CFR Part 322. See
<br />also paragraph (a)(7) of this section).
<br />(Section 404)
<br />(13) Bank stabilization activ„ es
<br />provided:
<br />(i) The bank stabilization activity is
<br />less than 500 feet in length:
<br />(ii) The activity is necessary for
<br />erosion prevention;
<br />(iii) The activity is limited to less than
<br />an average of one cubic yard per
<br />running foot placed along the bank
<br />within waters of the United States;
<br />(iv) No material is placed in excess of
<br />the minimum needed for erosion
<br />protection;
<br />(v) No material is placed in any
<br />wetland area;
<br />(vi) No material is placed in any
<br />location or in any manner so as to
<br />impair surface water flow into or out of
<br />any wetland area;
<br />(vii) Only clean material free of waste
<br />metal products, organic materials,
<br />unsightly debris, etc. is used; and
<br />(viii) The activity is a single and
<br />complete project. (Sections 10 and 404)
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