GENERAL CONDITIONS (GC-1 through GC-5): In addition to Special Conditions (SP-1 through SP-9), conditions of Coastal Zone Management certification , and conditions of Water Quality certification (WQ-1 through WQ-12) , 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.
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.