SPECIAL CONDITIONS:
NOTE: The term “you” and its
derivations, means the permittee or any future transferee.
The term “district” or “we” or “us” refers to the Mobile District, U.S.
Army Corps of Engineers, and/or resource agencies which administers the general
permits within the area of their management.
I.
SPECIAL CONDITIONS (SP-1 through SP-9):
The above-described structures and/or activities may be authorized under
these general permits subject to the following conditions:
SP-1.
An authorization will not be issued if you have been found by this office
to be in noncompliance with any prior Corps permit, or have been cited for
unauthorized work, until the noncompliance or violation has been resolved.
SP-2.
Authorizations will not be issued for structures and activities that are
found to be hazardous to navigation, or may produce adverse effects on the
chemical, physical, or biological integrity of water bodies such as dredging or
filling of wetland areas. The term
“wetland’ means those areas that are inundated or saturated by surface or ground
water at a frequently and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
Such areas serve important purposes relating to water quality, fish and
wildlife, recreation, and other elements in the general public interest.
As environmentally vital areas, they constitute productive and valuable
public resources, the unnecessary alteration or destruction of which are
contrary to the public interest.
Activities which would result in the alteration or destruction of bottom land
hardwoods may not be authorized unless full coordination with the U.S. Fish and
Wildlife Service is performed.
SP-3.
You must submit a complete Joint Application and satisfactory plans.
You are advised that all State and local permits must be obtained before
work can be initiated.
A copy of the Joint Application may be found at the Regulatory Website:
http://www.sam.usace.army.mil/RD/reg.
SP-4.
Conformance with descriptions and qualities contained herein does not
necessarily guarantee consideration and/or subsequent authorizations.
Additionally, you must have the requisite property rights to perform the
requested work.
SP-5.
These general permits will be valid for a five-year period or until
suspended, revoked, or extended.
They may be suspended or revoked, in whole or in part, if it is determined that
the cumulative effects of any activities pursuant to them adversely affect water
quality, navigation, or other public interest factors.
Such suspension shall be effective upon issuance of a public notice which
shall indicate the date periodically to determine if continuation of these
permits is in the overall public interest.
These general permits will be re-advertised via public notice every five
years as part of a public interest review.
SP-6.
Authorizations will not be issued which will adversely impact threatened
or endangered species, or their critical habitat.
SP-7.
Authorizations will not be issued which will impact, affect, or otherwise
degrade cultural resources such as archaeological, scientific, prehistoric, or
historic sites or data. Activities
which will impact cultural resources will be evaluated as individual permits.
If you discover any previously unknown historic or archeological remains
while accomplishing an authorized activity, you must immediately notify the
Mobile District, U.S. Army Corps of Engineers of what you have found.
We will initiate the Federal and State coordination required to determine
if the site warrants recovery efforts or if it is eligible for listing in the
National Register of Historic Places.
SP-8.
Authorizations will not be issued for activities located in State or
National Wild and Scenic streams, rivers, or components thereof, or other areas
provided special protection unless the administering agency concurs.
SP-9.
Authorization will be suspended if State water quality and/or coastal
consistency standards are not met.
