GENERAL CONDITIONS:
IV.
GENERAL CONDITIONS
(GC-1 through GC-6):
In addition to Special Conditions (SP-1 through SP-9), conditions of
Coastal Zone Management certification above, and conditions of Water
Quality certification (WQ-1 through WQ-12) above, the following General
Conditions (GC-1 through GC-6) will apply:
GC-1.
The time limit for completing an
authorized activity ends three (3) years from the date of the authorization.
If you need more time to complete the authorized activity, submit your
request for a time extension to us for consideration at least one month before
the expiration date.
GC-2.
Expiration of the General
Permit Program.
The Chief of Engineers will periodically review each of the
permits within the General Permit Program and their conditions and will decide
to modify, reissue, or revoke the permits. If a General Permit is not modified
or reissued within five years of its effective date, it automatically expires
and becomes null and void. Activities
which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon an authorized General Permit will remain authorized
provided the activity is completed within twelve months of the date of the
individual permit’s expiration, modification, or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization in accordance with 33 CFR 325.7.
Activities completed under the
authorization of a General Permit which was in effect at the time the activity
was completed continue to be authorized by that General Permit.
GC-3.
You must maintain the authorized activity in good condition and in
conformance with the terms and conditions of your authorization.
You are not relieved of this requirement if you abandon the authorized
activity.
GC-4.
If you discover any
previously unknown historic or archeological remains while accomplishing the
authorized activity, you must immediately notify the Corps, Mobile District, of
what you have found. We will
initiate the Federal and State coordination required to determine if the remains
warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
GC-5.
If you sell the
property associated with an authorization, you must obtain the signature of the
new owner at the bottom of the authorization and forward a copy of it to us to
validate the transfer.
GC-6.
You must allow
Federal and State resource agency representatives to inspect the proposed an/or
authorized activity at any time deemed necessary to ensure that it is being or
has been accomplished in accordance with the terms and conditions of your
authorization.
Further Information:
a. Limits of this
Authorization:
(1)
An authorization does not obviate the need to obtain other Federal, State, or
local authorization required by law.
(2)
An authorization does not grant any property rights or exclusive privileges.
(3)
An authorization does not authorize any injury to the property of rights of
others.
(4)
An authorization does not authorize interference with any existing proposed
Federal Project.
b.
Limits of Liability:
In issuing an authorization, neither the Federal Government, the State of
Alabama, nor any designated resource agency; their staff or employees, assume
any liability.
c.
Reliance on Applicant’s Data:
In part, the determination by us that issuance of an authorization is not
contrary to the public interest was made in reliance on the information you
provided.
NOTE: You must have the requisite
property rights to do any work pursuant to any of these permits.
d.
Re-evaluation of Permit
Decision: We may re-evaluate
our decision on an authorization at any time the circumstances warrant.
Circumstances that could require a re-evaluation include, but are not
limited to, the following:
(1)
You fail to comply with the terms and conditions of your authorization.
(2)
The information provided by you in support of your application proves to have
been false, incomplete, or inaccurate (See c. above.)
(3) Significant new information surfaces which we did not consider in reaching
the original public interest decision.
Such a re-evaluation may result in a determination that is appropriate to
use the suspension, modification, and relocation procedures contained in 33 CFR
325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and
326.5. The referenced enforcement
procedures provide for the issuance of an administrative order requiring you to
comply with the terms and conditions of your authorization and for the
initiation of legal action where appropriate.
You will be required to pay for any corrective measures ordered by us and
if you fail to comply with such directives, we may, in certain situations (such
as those specified in 33 CFR 209.170), accomplish the corrective measures by
contract or otherwise, and bill you for the cost.
e.
Time
Extensions:
General Condition (GC-1) establishes a time limit for the completion of
the authorized activity. Unless
there are circumstances requiring either a prompt completion of the authorized
activity or a reevaluation of the public interest decision, we will normally
give favorable consideration to a request for an extension of this time limit,
provided it does not exceed the expiration date of the Program.
Also, refer to GC-2 regarding expiration of the Program.
f.
Additional Coordination with
the State Lands Division:
Certain activities may require additional coordination with the Alabama
Department of Conservation and Natural Resources (ADCNR), State Lands Division,
regarding state property rights pertaining to the proposed activity.
Please contact the State Lands Division for further information.
The State Lands Division may be reached at: ADCNR, State Lands Division,
31115 Five Rivers Boulevard, Spanish Fort, Alabama 36527, or by telephone at
(251) 621-1238.
For all activities impacting public submerged lands, the following
information is required by ADCNR:
(1) Ownership:
Permit applicants must provide evidence of riparian ownership with an
affirmation of accuracy as part of their application package to ADCNR.
(2) Lateral Riparian Lines:
The burden of locating riparian lines is the responsibility of the
riparian owner.
(3) Riparian Rights Area:
All structures and other activities must be within the riparian rights
area of the applicant and must be designated in a manner that will not restrict
or otherwise infringe upon the riparian right of adjacent upland riparian
owners. Configuration, location or
design of the structure may not either physically preclude nor have the effect
of precluding public access to public waters adjacent to the upland.
It is recommended that the structure be centered on the applicant’s
property.
g.
Failure to secure authorization as specified herein or failure to comply
with conditions of any authorizations issued under these general permits may
result in enforcement actions by the U.S. Army Corps of Engineers, Alabama
Department of Environmental Management or the Alabama Department of Conservation
and Natural Resources.
