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Federal Register / Vol. $1, No, 219 1 Thursday. November 13. 1968 / Rules and Regulations 41235 <br />States. (These phase -in dales are: After <br />July Z5. 197& diacltarg *s ato navigable <br />waters of the United States and <br />adjacent wadandx after September i. <br />1976. discharges into navigable waters <br />of the United Slates and their prtmary <br />tributaries, including adjacent wetlands. <br />and into natural lakes. pea ter than s <br />acres in surface Brea: and after July 1. <br />1977, discharges into all waters of the <br />United States.} (Seepian 404) <br />(b) Structures or work completed <br />before December 1& 196L or in <br />waterbodies over which the district <br />ertsineer had not asserted Jurisdiction at <br />the time the activity occurred provided. <br />in both inati races. then is no <br />interference with navigation. (Section <br />10) <br />1 730.4 eueae seetee <br />(a) Chief of F.ragineers. Upon proposed <br />issuance of new us11onwide pernuts. <br />modification to. or rersguence of <br />existing nationwide pa�„itx the Chief of <br />Engineers will publish a notice in the <br />Federal Roostar 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 Fmrneern and <br />at All distract offices which reveals the <br />Corps' provisional determination that <br />the proposed activities comply with the <br />requirements for issuemce under general <br />permit authority. The Chief of Engineers <br />will prepare this information which will <br />be mupplesrtented. of appropriate. by <br />division engineers. <br />(b) District engtneem. Concurrent <br />with publication in the Federal Rooster <br />of proposed. new. or reissued <br />nationwide perml%a by the Chief of <br />a.ngnnmrs. district engineers will to <br />notify the known interested public by an <br />appropriate notice. The notice will <br />include regional conditions. if any, <br />developed by the division engineer. <br />¢ 9sa.5 Nationwide persists. <br />(a) Authorized mcuviries. The <br />following activities are hereby permitted <br />provided they meet the conditi ons listed <br />in paragraph (b) of tWI section and <br />where required. comply with the <br />notification procaduras, of 1 330.7. <br />(1) The platprment of aids to <br />navigation and regulatnry manners <br />which are approved by turd Installed in <br />accordance with the requirements of the <br />U.S. Coast Gawd (33 CFR Pert ft <br />Subchapter C). (Section tot <br />(2) Structures constructed in artificial <br />canals within principally rss)dennal <br />developments where the connection of <br />the canal to a aev4pble water of the <br />United States has bass previously <br />authorized (am 33 CFR Part 822.5($)). <br />(Section 101 <br />(31 The repair. rehabilitation. of <br />repiacement of any previously <br />authorized. currently serviceable. <br />structure or fill, or of any currently <br />serviceable structure at [ill constructed <br />prior io the requitement for <br />authorization. provided such repair. <br />rehabilftatian, at replacement does not <br />result in a deviation from the plane of <br />the original structure or R L and further <br />prodded that the structure or fell bas not <br />been put to uses differing from uses <br />Specified for it in any permit authorising <br />its original corsstruction. Minor <br />deviations due to ehoages 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 30 and <br />404) <br />(41 Fish and wildlife harvesting <br />devices and activities such as pound <br />nets. crab traps. eel pats, lobster era ps, <br />duck blinds, and 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 101 <br />(6) Survey activities mcluding 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 />hales fot oil and gam exploration is not <br />authorized by this nationwide permit: <br />the plugging of such holes is authorized. <br />{Sections IU and 4041. <br />171 astfall structures and associated <br />intake structures where the effluent from <br />that outfall bag 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 1221 provided that the district or <br />division engineer makes a determinarton <br />that this individual and cumulative <br />adverse environmental effects of the <br />structure itself an minimal in <br />accordance with f 370:7 1c)(21 and (d). <br />intake structures par se an not <br />Included--only those directly associated <br />with acs outfall structure hire covered by <br />this nationwMe permit This penalt <br />includes mince w=vabm SWrst end <br />othw work associated with Inatollattoo <br />of the intake and oudall snucturvi . <br />(Sectitms 10 and 4041 <br />(6) Sbuct9lrs for the motion. <br />production. and traaapaareatide of O L <br />gas. and mionerrals as the outer <br />condaentai shell within w testa loved for <br />such purposes b► the Oepertmant of <br />Intniar. Mineral Va nsgemew Service. <br />pravid*d tl,tsee 0 cum m net =rioted <br />wit>zsia the limits of say des land <br />whippbW qty bdrway or traffic <br />Ix -7 <br />separation scheme (where such limits <br />have not been designated or where <br />changes an anucipated, district <br />engineers wiil consider recommending <br />the discretionary authority provided by <br />3304 of this pert. Ond fitl"iter ssslrlcct to <br />the provisions of the fairway regulations <br />in 33 twit $22.5(1) (Section 10). <br />(g) Structures placed within anchorage <br />or fleeting areas to facilitate moorage of <br />vessala who9v such areas have been <br />established for that purpose by the U.S. <br />Coast Cuard. (section i0) <br />(181 Non-cammsirci&L single -boa t. <br />mooring buoys, (Sewon 10) <br />1111 Temporary huays and markers <br />placed for reenestioaal use such as <br />water skiing sad boat racing provided <br />that the buoy or marker is removed <br />within 30 days after its use hag been <br />chscAtIUM RL At Corps of Englrieers <br />reaervairs, the reservoir manager must <br />approVe each buoy or marker <br />individually. {Section 10) <br />(121 Discharge of material for backfill <br />or bedding tar utility lines. including <br />outfall and intake structures. provided <br />there is no change in preconstruction <br />bottom contours (excess material must <br />be removed to an upland disposal areoi. <br />A "utility line' is defined as any pipe or <br />pipeline for the treat parts tion of any <br />gaseous liquid. iiquifiabiw or Burry <br />substanc& for any purpose, and ally <br />cable. line. or wire for the transmission <br />for any purpose of electrical energy, <br />telephone and telegraph messages. and <br />radio and television romnsunicauoa. <br />(The utility line and outfall and intake <br />structures will require a Section to <br />permit if in navigable waters of the <br />Unitsd States. See 33 CFR Part 32Z. See <br />also paragraph 1a)(7) of slur sscuoul. <br />(Section wa) <br />(13) Bash stabilization activities <br />provided: <br />(i) The hank stabilization activity is <br />less than 500 feet in length: <br />(ii) The activity is necessary far <br />ernsina pnWanaon: <br />(iii) The activity is limited to iem than <br />as average of ans cubic yard per <br />avanin; foot placed Lh ass the bank <br />within waters of the Uuted Statm <br />(iv) No material is *Iced in "case. of <br />the minimum. seeded for araaaon <br />protection; <br />(VI No material is placed in any <br />t+ 0wd ate; <br />(vi) No iaterial is Placed in any <br />focatian or in any manner go as to <br />vsspair surface water flow into or out of <br />any wetland arm <br />(vii) t7dy clean meosriial frois waste <br />metal praducts. OF= <br />iraaigbtly debris, am is coodr and <br />(viii) 'Ibe activity is a sLla and <br />campJate project. Mactions 10 raid 404) <br />