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Army Corps of Engineers.04.22.2003 From: 04/22/2004 08:31 #985 P.001/010 FACSIMILE TRANSMITTAL SHEET U.S. ARMY CORPS OF ENGINEERS ALBANY FIELD OFFICE WESTERN PERMITS SECTION TO: Richard Schermerhom Fax TTMSMitM1 Memos Dace #of Pages To:LkvZ k4 dA m' i COMPANY: Schermerhorn Properties,Inc. PTo�t PToo Fax#74f "7 Fax# FAX NUMBER: 743-9653 FROM: Kevin Bruce DATE: 4/22/03 TOTAL PAGES INCLUDING COVER 10 SUBJECT: Attached is a copy of Nationwide.Permit (NWT) 25, General Conditions for NWP's, and the Regional Conditions for NWP 25. From your description of the proposed walkway over wetlands to connect the parking lots, it appears the project can be constructed under NWP 25, as long as it meets the terms and conditions of permit, as well as all applicable General Conditions and Regional Conditions. Although it appears the activity would not require a written Water Quality Certification from DEC, I would ask that you review No. 2, under "Nationwide Permit 25 — Structural Discharges", on the sheet labeled "Regional Conditions", to confirm that it does not fall under b,c, or d. If the project complies with the above, no written authorization is required to proceed with the work. Please call if you have questions. Kevin 1 BOND STREET TROY,NEW YORK 12180 (519)273-7420 (518)273-2055 (FAX) From: 04/22/2004 08:32 #985 P.002/010 • 2082 Federal Register/Vol. 67, No. ID/Tuesday, January 15, 2oG2/Notices trade obstructions to navigation.This withln the form prior to the discharge of bed and/orbanks to restore or create NWP does not authorize the removal of concrete,sand,rock,etc.This NWP stream meanders; the backfilling of vessels listed or delarmined eligible for does not authorize filled structural artificial channels and drainage ditches; listing on the National Register of members thatwould support buildings, the removal of existing drainage Historic Places unless the District building pads,homes,house pads, structures;the construction of small Engineer is notified and Indicates that parking areas,storage areas and other nesting islands;the construction of open there is compliance with the"Historic such structures.The structure itself may water areas the construction of oyster Properties"General Condition.This require a Section 10 permit if located in habitat over unvegetated bottom in tidal N1YP does not authorize maintenance navigable waters of the US,(Section waters;activities needed to reestablish dredging,shoal removal,or riverbank 404) vegetation,including plowing or discing snagging.Vessel disposal in.waters of for seed bed preparation and the the US may need a penult from EPA 27.Stream and 447adand Aasiorallon plendng of appropriate wetland species; (see 40 CFR 220.3).(Sections l0 and Activities.Activities in waters of the US mechanized land clearing to remove 404) associated with the restoration of former non-native invasive,exotic or nusiance 23.Appipved Cataooricol Exclusions. waters,the enhancement of degraded vegetation;and other related activities. Activities undertaken,assisted, tidal and non-tidal wetlands and This NWP does not authorize the authorized,regulated,funded,or riparian areas,the creation of tidal and conversion of a stream to another financed,In whole or in part by another non-tidal wetlands and riparian areas, aquatic use,such as the creation of an Federal agency or department where and the restoration and enhancement of Impoundment for waterfowl habitat. that agency or department has non-tidal streams and non-tidal open This NWP does not authorize stream detenmined,pursuant to the Council on water areas as follows. channelization.This NWP dues not Environmental Quality Regulation for (a) The actfvftyIs conducted on: authorize the conversion of natural Implementing the Procedural Provisions (1)Non-Federal public lands and wetlands to another aquatic use,such as of the National Environmental Policy private lands,in accordance with the creation of waterfowl impoundments Act(NEPA)(40 CFR part 1500 at seq.), terms and conditions of a binding where a forestedwetiand proviousiy that the activity,work,or discharge is wetland enhancement,restoration,or existed.However,this NWP.authorizes categorically excluded from creation agreement between the the relocation of non-tidal waters, environmental documentation,because landowner and the U.S.Fish and including non-tidal wetlands,on the it is included within a category of Wildlife Service(FWS)or the Natural project site provided there are net gains actions which neither individually nor Resources Conservation Sendee(NRCS), in aquatic resource functions and :..emulatively have a significant effect on the National Marine Fisheries Service, values.For example,this NWP may he human environment,and the Office the National Ocean Service,or authorize the creation of an open water of the Chief of Engineers(ATTN:CECW- voluntary wetland restoration, impoundment in a non-tidal eme gent _. OR)has been furnished notice of the enhancement,and creation actions wetland,provided the non-tidal agency's or department's application for documented by the NRCS pursuant to emergent wetland is replaced by the categorical exclusion and cancurs MRCS regulations;or creating that wetland type on the project with that determinatron.Before (2)Reclaimed surface coal mine site.This NWP does not authorize the approval for purposes of this NWP of lands,in accordance with a Surface relocation of tidal waters or the any agency's eatagorical exclusions,the Mining Control and Reclamation Act conversion of tidal waters, including Chief of Engineers will solicit public permit issued by the OSM or the tidal wetlands,totther aquatic uses, comment.In addressing these applicable state agency(the future such as the conversion of tidal wetlands comments,the Chief of Engineers may reversion does not apply to streams or into open water impoundments. require certain conditions for wetlands created,restored,or enhanced Reversion.For enhancement, authorization of an agency's categorical as mitigation for the mining impacts, restoration,and creation projects exclusions under this NWP.(Sections nor naturally due to hydrologic or conducted under paragraphs(e)(3), this 1 o and 404) topographic features,nor for a NWP does not authorize any future 24.State Adminislered Section 404 mitigation bank);or discharge of dredged or fill material Program.Any activity permitted by a (3)Any other public,private or tribal associated with the reversion of the area state administering its own Section 404 lands; to its prior condition.In such cases a permit program pursuant to 33 US.G (b)Notification:For activities on any separate permit would be required for 1344(g)—(1)Is permitted pursuant to public or private land that are not any reversion.For restoration, section 10 of the Rivers and Harbors Act described by paragraphs(a)(1)or(a)(2) enhancement,and creation projects of 1899.Those activities that do not above,the permittes must notify the conducted under paragraphs(a)(1)and involve a Section 404 state permit are District Engineer In accordance with (a)(2),this NWP also authorizes any not included in this NWP,but certain Ceneral Condition 13:and future discharge of dredged or fill structures will be exempted by section (a)Planting of only native species material associated with the reversion of 154 of Pub.L.94-587,90 Stat.2917(33 should occur on the site. the area to Its documented prior U.S.C.501)(see 33 CFR 322.3(a)(2)). Activities authorized by this NWP condition and use(i.e.,prior to the include,to the extent that a Corps restoration,enhancement,or creation 25.SWctural Discharges Discharges permit is required,but are not limited activities).The reversion must occur o me erica sue as con rvw,sand,rock, to:the removal of accumulated within five years after expiration of a etc.,into tightly sealed forms or cells sediments;the installation,removal, limited term wetland restoration or where the material will be used as a and maintenance of small water control creation agreement or permit,even if the structural member for standard pile structures,dikes,and berms;the discharge occurs after this NWP expires. supported structures,such as bridges, installation of current deflectors;the This NWP also authorizes the reversion transmission lino footings,and enhancement,restoration,or creation of of wetlands that were restored, walkways or farganeral navigation, riffle and pool stream structure:the enhanced,or created on prior-converted such as mooring cells.Including the placement of in-stream habitat cropland that has notbeen abandoned, excavation of bottom material from structures;modifications of the stream in accordance with a binding agreement From: 04/22/2004 08:32 #985 P.003/010 Federal Resister/Vol. 67, No, 10/Tuesday, January is, 2002/Notices 2089 US at rho project site to the maximum complete mining operation can be waterbody,htcludln "those spaces[list_ ...... ---.—w•,t-e111...pmc0ceble,an�theneLiCtr~ltlnn—_-uthori2ed#ry#1ateN4XP rovided=tht��rmaflyn. . . g rriu'g- e-area, must include a written statement - sh-acre Ilmil is not exceeded-and unless the activity's primary urpose Is detailing compliance with this 1.Notification:The a mitten must p P to impound water,Culverts placed In condition(i.e..why the discharge must notify the District Engineer in streams must be Installed to maintain oeeur in waters of the US and why accordance with General Condition 13. low flow conditions. Additional minimization cannot be The notification must Include:(1)A 5.Equipment.Heavy equipment achieved); description of waters of the US working in wetlands must be placed on c. In addition to General Conditions adversely affected by the project;(2)A mots,or other measures must be taken 17 and 20,activities authorized by this written statement to the District to minimize soil disturbance. permit must not substantially alter the Engineer detailing compliance with s.Regional and Case-By-Cass sediment characteristics of areas of paragraph(b),above(i.e.,why the Conditions.The activity must comply concentrated shellfish beds or fish discharge must oceurin waters of the with any regional conditions that may spawning areas.Normally,the US and why additional minimization have bean added by the Division Haan dates water quality management cannot be achieved);(3)A description of Engineer(see 33 CFR 330.4(a)), plan should address these Imppacts; measures taken to ensure that the Additionally,any case specific d.The permiltee must Impremant proposed work complies with conditions added by the Corps orby the necessary measures to prevent increases paragraphs(c)through(q,above;and(4) state or Who in Its Section 401 Water In stream gradient and w•atervelocities A reclamation plan(foraggregate Quality Certification and Coastal Zone end to prevent adverse effects (e.g.,head mining in Isolated waters and non-tidal Management Act consistency ,:uaing,bank erosion)to upstream and . wetlands adjacent to headwaters and determination, downstream channel conditions; hard rock/mineral minin-only). 7. Wild and Scenic Rivers.No activity A.Activities authorized by this permit This NWP does not autilorize bard may occur in a component of the must not result in adverse effects on the rock/mineral mining,including placer National Wild and Scenic River System; course,capacity,or condition of mining,in streams.No hard rock/ or in a river officially designated by nevi able waters of the US; mineral mMing can occur in waters of Congress as a"study river"for ppoasfble f. ghe parmitlee must use measures rA the US within 100 feet of the ordinary Inclusion In the system,while the river minimize downstream turbidiLy; high watermark of heedwaterstreams. is In an official study status;unless the S.Weiland lmpocm must be The term's"headwaters"and"Isolated appropriateFederel agency.with direct coimpensatsd through mitigation waters"are defined at 33 CFR 330.2(d) management responsibility for such appprm•ed by the Corps, and(a),respectively.For the purposes river,has determined in writing that the 5.Beneficlation and mineral of this NWP,the term"lower perennial Proposed activity will not adversely processing for hard rock/mineral mining stream"is defined as follows:"A stream affect the Wild and Scenic River activities may not occur within 200 feat In which the gradient is low and water designation,or study status.Information of the ordinary high water mark of any velocity is slow,there is no tidal an Wild and Scenic Rivers may be- open weterbody.Although the Corps Influence,some waterflows throughout obtained from the appropriate Federal does not regulate discharges tram these the year,and the substrate consists land management agency in the area activities,a CWA section 402 permit malnl of sand and mud.•'(Sections 10 (e.g.,National Park Service,U.S. Forest may be required; 4 Service,Bureau of Land Management, i.All activities authorized must U.S.Fish and Wildlife Service), comply with General Conditions 9 ai C.Nationwide Psnmil General S. Tdbol Rights.No activity or its 21. Further,the District Engineer me onciftions operation may Impair reserved tribal require modifications to the required The 0 owing Ganeral conditions rights,including,but not limited to, water quality management plan to mustbe followed in order for any reserved water rights and treaty fishing ensure that the authorized work results authorization by an NWP to be valid: and hunting rights. in minimal adverse effects to water 1.Navigation.No activity may cause 9. Water Quality.(a)In certain states quality; more then a minimal adverse effect on and tribal lands an individual 401 Water j.Except for aggregate mining navigation. . Quality Certification must be obtained activities in lower perennial streams,no . 2.Proper Maintenance.Any structure or waived(See 33 CFR 330.4(c)). aggregate mining can occur within or fill authorized shall be proparly (b)For N WPs 12,14,17,111,32,39, =ram beds where the average annual' maintained,including mellntenanca to 40,42.43,and 44,where the state or flow Is greater than l cubic'rootper ensure public safety. tribal 401 certification(either second or In waters of the US within •*aD*3.Soil Erosion and Sediment generically or individually)doss not 100 feet of the ordinary high water mark Controls.Appropriate soil erosion and require or approve water quality of headwater stream segments where the sediment controls must be used and management measures,the perminee average annual flow of the stream is maintained in effective operating must provide water quality management greater than 1 cubic foot per second condition during construction,and all measures that will ensure that the (aggreggate mining can occur In areas exposed soil and other fills,as well as authorized work does not result to more immediately adjacent to the ordinary any work below the ordinary high water than minimal degradation of water high water mark of a stream where the mark or high tide line,must be quality(or the Corps determines that average annual flow is 1 cubic foot per perinanan y stabilised at the earliest comp lance with state or local second or loss); practicable date.Permittees are standards,whore applicable,will ensure k.Singla and complete project;The encouraged to perform work within no more than minimal adverse effect on diseharna must be for a single and waters of the United States during water quality).An Important component complete project,Includingsupport PP periods of low-flow ornatlow. of water quality management includes activities.Dischargat of dredged or fill 4.Aquatic We Movements.No stormwater management that minimizes material into waters of the US for activity may substantially disrupt the degradation of the downstroam aquatic multiple milling activities on several necessary life-cycle movements of those system,including water quality(infer to designated parca)s.of a single and species of aquolic life indigenous to the General Condition 21 for stormwater From: 04/22/2004 08:32 #985 P.004/010 2090 Federal Regisler/Vol. 67, No. 10/Tuesday, )anuary 15, 2002/Notices management raquirements).Another endspphtmland hltp9/n•mv.nfmsgov/ written notice from the District or -_.— )nlp�r4'mlAeln Qll51114 y 11YElY. Division Engineer_Suhs�nuenJy�}lo =_... mnnagameal is aestablishmenLand.. . .. . 12.-Historiic Proparhes.Noactivity pennittoe'srighttopromadunderthe- maintenance of vegetated buffers next to which may affect historic properties NINP may be modMad,suspended,or open waters,including streams(refer to listed,or eligible for listing,in the revoked only in accordance with the Genaml Condition a0 forvogetated National Register of Historic Places is procedure sat forth in 33 CFR buffer requirements for the NWPs). authorized,until the District Enginear 330.5(d)(2). This condition is only applicable to has complied with the provisions of 33 (b) Contents of Nolifieallon;The projects that have the potential to affect CFR part 325,Appendix C.The notification must be in writing and water quality.While.eppropriate prospective permiltes must notify the Include the following information: measures must be Laken,in most cases District Engineer if the authorized (1)Name,address and telephone it is not necessary to conduct detailed activity may affect any historic numbers of the prospective permittee; studies to Identify such measures or to properties listed,determined to be (2)Location of the proposed project- require monitoring. eligible,or which the prospective (3)Brief description of the proposed 10, Coastal Zone Management.In permittes has reason to believe may be project;tha project's purpose;direct and certain states,an individual state coastal eligible for listing on the National indirect adverse environmental effects zone management consistency Register of Historic Places,and shall not the project would cause;any other concurrence must be obtained or waived begin the activity until notified by the NWP(s),Regional General Parmit(s),or District En Inser that the requirements (see Section 330.4(d)), gIndividual Parmlt(s)used or intended to 11.Endangered Species.(a)No of the National Historic Preservation Act be used to authorize any part of the activity is authorized under any NWP have been satisfied and that the activity proposed project or any related activity. which is likely to Jeopardize the Is authorized.Information on the Sketches should be provided when continued existence etc threatened or location and existence of historic necessary to show that the activity b b resources can e obtained from the State endangered species or a species eomplles with the terra of the NINP Historic Preservation Office and the proposed far such designation,ea (Sketches usually clarify the project and iden Lifted under the Federal Endangered National Register of Historic Places(sea when provided result In a quicker Species Act(ESA),or which will 33 CPR 330.4(g)),For activities that may decision.); destroy or adversely modify the critical affect historic properties listed in,or (4) For NWPs 7,12,14,18,21,34,30, eligible for listing in,the National ., habitat of such species.Non-federal 39,41,42,end 43,the PCN must also ermittees shall notify the District Rent-arson of must Pieces,the Include a delineation of affected special P y notification must stele which historic P . . Engineer if any listed species or he aquatic sites,including wetlands, designated critical habitat mightbe • property dmay ork or i be nclude a vie vicinity vegetated.hallows(e.g.,submerved affected or is in the vicinity of the squauc'n ,station,seagrass bs&T and project,or is located in the designated map Indicating the location of the riffle and tool complexes(see paragraph historic property. critical habitat and shall not begin work 73 Notification. ]3(f)); ..r the activity until notified by the (a) Tfmfng;where required by the (5)'Fa•raWP 7 (Outfall Structures and District Engineer that the requirements terms of the NWP,the prospective Maintenance),the PCN must include c`the ESA have been satisfied and that permutes must notify the District information regerding the original the activity Is authorized.For activities Engineer with a pre coal truction design capaciUes and configurations of that may affect Federally-listed notification(PCN)a early a possible. those areas of the facility where endangered or threatened species or The Distget Engineer must determine lr maintenance dredging or excavation is designated critical habitat,the the notification is complete within 30 proposed; notification must include the name(s)of days of the date of receipt and can (5)For NWP 14(Linear the endangered or threatened species request additional information Transportation Crossings),the PCN that may be affected by the proposed necessary to make the PCN complete must include a compensatory mitigation work or that utilize the designated only once.However,if the prospective proposal to offset permanent losses of critical habitat that may be affected by permlttee does not provide all of the waters of the US and a statement the proposed work As a result of formal requested Information,then the District describing how Lem entry josses of or informal consultation with the FWS Engineer will notify the prospective waters of the US will be minimized to or NMFS the District Engineer may add permittee that the notifitation'ls still the maximum extent practicable; - speclas•specific regional endangered incomplete and the PCN review process (7)For NWP 21 (Surface Coal Mining species conditions to the NWPs. will not commence until all of the Activities),the PCN must include an (b)Authorization of an activity by a requested information has been received Office of Surface Mining(OSM)or auto- NWP does not authorize the"take"of a by the District Engineer.The approved mitigation plan,if applicable. threatened or endangered species as prospective permittee shall not begin To be authorized by this NWP,the defined under the ESA.In the absence the activity: District Engineer must determine that of separate authorization(e.g.,in ESA (1)Until notified in writing by the the activity complies with the terms and Section 10 Permit,a Biological Opinion District Engineer thailbe activity may conditions of the NINP and that the with "incidental lake"provisions,etc.) proceed under the NWP with any adverse environmental effects are from the USFWS or the NMFS,both special conditions Imposed by the minimal both individually and lethal and non-lethal"takes"of District or Division Engineer,or cumulatively and must notify the protoeled species are in violation of the (2)if notlfled in writing by the District project sponsor of this determination In ESA.Information on the location of or Division Engineer that an Individual writing; threatened and endangered species and Permit is required;or (8)For NWP 27(Stream and Weiland their critical habitat can be obtained (3)Unless 45 days have passed from Restoration),the PCN must include directly from the offices of the USFWS the District Engineer's receipt of the documentation of the prior condition or and NMFS or their world wide web complete notification and the the site that will be reverted by the . pages at htlpdfwmvfwsgov/rgendspp/ prospective permftlee has not received permitteo; From: 04/22/2004 08:33 #985 P.005/010 Federal Resister/Vol. 67, No. IQ/Tuesday, January 15, 200Z/Notices 2091 (co For NXVP 20(Single-Family waters of the US or justification affected by the proposed work or utilize Housing),the PCN must also include; explaining why compensatory the designated critical habitat that may -- ;a Individua Permittee and/or the discharges that cause the loss ofgreater (ie)For activities that may affect pormi.ttee's spouse; than 300linear feet of an intermittent historic properties listed in,or eligible (H)A statement that the single-family stream bed,to be authorized,the District for listing In,the National Register of housing activity Is fora personal Engineer must determine that the Historic Places,the PCN must state residence of the permittee; activity complies with the other terns, which historic property may be affected (iii)A description of the entire parcel, and conditions of the NFYP,determine by the proposed work or Include a including its size,and a delineation of adverse environmental effects are vicinity map Indicating the location of wotlands.For the purpose of this NWP, minimal bath individually and the historic propperty. parcels of land measuring?A-acre of less cumulatively,and waive the limitation (c)Form ofl4ofificollon.The standard will not require a formal on-site on stream impacts In writing before the individual Permit application form delineation.However,the applicant permittee may proceed; (Form ENG 4345)maybe used as the shall provide an indication of where the (14)For NWP 40(Agricultural notification but must clearly indicate wetlands are and the amount of Activities),the PCN must include a that it is a PCN and must include all of wetlands that exists on the property.For compensatory miUgatlon proposal to the inforriiation required In(b)(1)—(1 g) parcels greater than'/recre to site, offset losses of waters of the US.This of Ganeral Condition 13.A letter formal wetland delineation mustbe N4YP does not authorize the relocation containing the requisite information prepared in accordance with the current of greater than 300 linsar-feet of existingg may also be used. method required by the Corps.(See serviceable drainage ditches constructed (d)District Enafneer's Declsion:In paragraph 13M); In non-tidal streams unless,for drainage reviewing the PCN for the proposed (iv)A written description of all land ditches constructed in Intermittent non- activity,the District Engineer will (including,if available,legal tidal streams,the District Engineer determine whether the activity descriptions)owned by the prospective waives this criterion in writing,and the authorized by the MNP will result in permittee and/or the prospective District Engineer has determined that more than minimal individual or permittes's spouse,within a one mile the project complies with all terms and cumulative adverse environmental radius of the parcel,In any form of conditions of this N%VP,and that any effects or may be contrary to the public ownership(including any land owned adverse Impacts of the project on the Interest.The prospective permittee me as a partner,corporation,joint tenant, aquatic environment are minimal,both submit a proposed mitigation Plan with co-tenant,or as a tenant-by-the-entirety) Individually and cumulatively; the PCN to expedite the process.The and any lend on wbtcb a purchase and (15)For NWP 43(Stormwretar District Engineer will consider any :ale agreement or other contract for sale Management Facilities),the PCN must proposed compensatory mitigation the or urchflse Las been executed; include,for the construction of new applicant has included In the proposal (10)For MNP 31 (Maintenance of stormwatermanagament facilities,a in determining whether the nst advarse Existing Flood Control Projects),the maintenance plan(in accordance with environmental effects to the aquatic prospective permittee must either notify state and local requirements.if environment of the proposed work are the District Engineer with a PCN prior applicable)and a compensatory minimal.If the District Engineer to each maintenance activity or submit mitigation proposal to offsellossas of determines that the activity complies a five year(or less)maintenance plan, waters of the US.For discharges that with the terms and conditions of the In addition,the PCN must Include all of cause the loss of greater than 300linear NWP and that the adverse effects on the the following: feet of an Intermittentstream bed,tobe aquatic environment are minimal,alter M Sufficient baseline Information authorized,the District Engineer must considering mitigation,the District identifying the approved channel determine that the activity complies Englneer wi I notify the permittes and depths and configurations and existing with the other terms and conditions of Include any conditions the District facilities.Minar deviations are the NWP,determine adverse Engineer deems necessary.The District authorized,provided the approved flood environmental effects an minimal both Engineer must approve any control protection or drainage is not individually and cumulatively,and compensatory mitigation proposal increased; waive the limitation on stream impacts before the permittee commences work. (if)A delineation of any affected in writing before the permittee may. If the prospective permittee is required spacial aquatic sites,including proceed-, to submit a compensatory mitigation wetlands;and, (16)For NWP 44(Mining Activities), proposal with the PCN,the proposal (Lit)Location of the dredged materiel the PCN must include a description of may be either conceptual or detailed.If disposal site; all waters of the US adversely affected the prospective permittee elects to p 1)For NWP 33[Temporary by the projeeL a description of measures submit a compensatory mitigation plan Construction,Access,and Dewatering), taken to minimize adverse effects to with the PCN,the District Engineer will the PCN must also include a restoration waters of the US,a description of expeditiously review the proposed plan of reasonable measures to avoid measures taken to comply with the compensatory mitigation plan.The . and minimize adverse effects to aquatic criteria of the NWP,and a reclamation District Engineermust review the plan resources; plan[for all aggregate mining activities within 45 days of receiving a complete 02)For NWPs 30,43 and 44,the PCN In Isolated waters and non-tidal - PCN and determine whether the must also include a written statement to wetlands adjacent to headwaters and conceptual or specific proposed _ the District Engineer explaining how any hard rock/mineral mining mitigation would ensure no more than avoidance and minimization for losses activities); minimal adverse effects on the aquatic of waters of the US ware achieved on (17)For activities that may adversely environment.if the net adverse effects the project site; affect Fedarally-listed endangered or of the project on the aquatic (13)For NWP 30 and NWP 42,the threatened species,the PCN must environment(after consideration of the PCN must Include a compensatory Include the name(s)of those endangered compensatory nllu ation proposal)are mitigation proposal to offset losses of or threatened species that maybe determined by the ]strict Engineer to From: 04/22/2004 08:33 #985 P.006/010 2002 Federal Register/Vol. 57, No. 1o/Tuesday, January 1S, 290Z/Notices be minimal,the District Engineer will on the notification.The INaulot the proximity of a public water supply eidr�aabne(3�nzi; apwx iaau�xilLConaLdazagentak�exe�p - ----- applicant.Tho rosponsee will stasto that comments received within the specified repair of the public water sup p y intake the project Can pvocoad under the terms Lima frame,but will provide no structures or odjacentbaak stabilization. end cond(Uana of the NWP. response to the resource agency,except 17.Shellfish Bads.No activity, if the District Engineer determines as provided below.The District including structures and work in that the adverse effects of the proposed Engineer will Indicate In the navigable waters of the US or discharges work are more than minimal,then the administrative record associated with of dredged or fill material,may occur in District Engineer will notify the each notification that the resource areas of concentrated shellfish A either.(1)That the project agencies'concerns were considered.As populations,unless the activity Is does not qualify for authorization under required by section 305(bx4)(E)of the directly related to a shellfish harvesting Uie MVF and instruct the applicant on Magnuson-Stsvens Fishery activity authorized by NWP 4. ' the procedures to seek authorization Consarvation and Management Act,the IS.Suitable Material.No activity, under an Individual Parmlt;(2) that the District Engineer will provide a including structures and work in project is authorized under the NWP response to NMFS within 30 days of navigable waters of the US or discharges subject to the applicant's submission of receipt of any Essential Fish Habitat of dredged or fill material,may consist a mitigation proposal that would reduce. conservation recommendations. of unsuitable material(e.g.,trash, the 8dl'arse affects on the aquaLle Applicants are encouraged to provide debris,Carbodies,asphalt,ate.)end environment to the minima)level;or(3) the Corps multiple copies of material used for construction or that the project is authorized under the notifications to expedite agency discharged must be free from toxic MVP with specific modifications or notification. pollutants in toxic amounts(see section conditions.Where the District Engineer (0 Weiland Delineations:WeLland 307 of theCWA). determines that mitigation is required to delineations must be prepared In 10.Mitigation.The District Engineer ensure no more then minimal adverse accordance with the current method will consider the factors discussed effects occur to the aquatic required by the Corps(For NWP 20 see below when determining the environment,the activity will be paragraph(b)(9)(M)for parcels lass than accaptab(lity of appropriate and authorized within the 45-day PCN (ti-acre in size).The permittee may ask practicable mitigation necessary to period.The authorization will Include the Corps to delineate the special offset adverse effects on the aquatic - .-. the necessary conceptual or specific aquatic site.There may be some delay environment that are more than mitigation or a requirement that the if.the Corps does the delineation. • minimal. PP "ant submit a mitigation proposal Furthermore,the 45-day period will not (a)The projectmust be designed and that would reduce the adverse affects on start until the wetland delineation has .,conatruete.i to avoid end minimize - the aquatic environment to the minimal been.completed and submitted to the r�advinswo.^ects to waters of the US to Uie i'. level.When conceptual mitigation is Corpps,where approppriate. maximum axtentpracticable at the Included,or a mitigation plan Is 14.Compliance Certificarfon.Every project stir (i-e„on site). .:,squired under item(2)above,no work permittae who has received NWP (b)MILgadon in all its farms is waters of the US will occur until the verification from the Corps will submit (avoiding,minimizing.rectifying, District Engineer bas approved a a signed certification regarding the specific mitigation plan. completed work and any required requ rang or compensating)will be (a)Agency Coordlnotfon:The District required to the extent necessary to $ ey mitigation-The certification will be ensure that the adt-arse effects to the Engineer will consider any Comments forwarded by the Corps with the aquatic environment are minimal. from Federal and state agencies authorization letterand will Include: q concerning the proposed activity's (a)A statement that the authorized (e)Compensatory mitigation ate compliance with the terms and work was done in accordance with the minimum one-for-one ratio will be conditions of the MVPs and the need for Corps authorization,Including any required for all wetland impacts mitigation to reduce the project's general or specific conditions; requiring a PCN,unless the District adverse environmental effects to a (b)A statement that any required Engineer determines in writing that n:i»)mal level. mitlgaton was completed in accordance some other form of midgation would be For activities requiring notification to with the permit conditions;and more environmentally appropriate and the District Engineer that result in the (c)The signature of the permlUee provides a project-specific waiver of this loss of greater than%-acre of waters of certifying the completion of the work requfromellt.Consistent with National the US,the District Engineer will and mitigation. policy,the District Engineer will provide Immediately(e.g.,vis facsimile 15. Use of Multiple Nationwide establish a preference for restoration of transmission,overnight mail,or other Permlls.The use of more than one NWP wetlands as compensatory mitigadon, expeditious manner)a Copy to the fora single and complete project is with preservation used only In appropriate Federal or state offices prohibited,eXeapt when the acreage loss exceptional circumstances. (USFWS,state natural resource or water o(Waters of the US authorized by the (d)Compensatory mitigation (i.e„ quality agency,EPA,State Historic NWPs does not exceed the acreage limit replacement or substitution of aquatic Preservation Officer(SHPO),and,if of the NWP with the highest specified resources for those impacted)will not appropriate,the NMFS).With the ncreaga limit(e.g.if a road crossing aver be used to increase the acreage losses exception of MVP 37,these agencies tidal waters is constructed under NWP allowed by the acreage limits of some of will then have 10 calendar days from 14,with associated bank stabilization the MVPs.For example,r/.-acre of Cho dale the material fs transmitted to authorized by NWP 13,the maximum wetlands cannot be created to change a telephone or fax the District Engineer acreage loss of waters e(the US for the a/+-acre loss of wetlands to a r,S-acre loss notice that they Intend to provide total project cannot exceed rh-acre). associated with NWP 39 verification. ribstantive,site-specific comments.If 16. Water Supplylntokes.No activity, However,1/:acre of created wetlands so contacted by an agencyy the District Including structures and work In can be usod to reduce the impacts of a Engineer will wait an addfUonal 15 navigable wators of the US or discharges sA-acre loss of wetlands to the ininimwn calendar days before making a decision of dredged or fill material,may occur in impact level in order to meat the From: 04/22/2004 08:33 #985 P.007/010 Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2003 minimal impactroqulroniontassociatod accomplishing and/or complying wlth discharges ofdredgad or fill material, with NlfPs• the mfti ation plan. Entg ll�eedittg3traaafni mi rZtgSy____. , a" n eprac i�bla�, alit U AL�Sn'""LfrSp'onm ng�. cE v16e�nterfotvTntusl5e avoid to lha nuisLGeavailableandcnpab(oolbeing (ncludingstructurasand work in maxintum extent practicable. done considering costs,existing navigable waters of the US or discharges 24. Removal of Temporary Fills,Any nd technology,a logistics in light of the of drodged or fill material,in spawning temporary fills must be removed in their overall project purposes.Examples of areas during spowiling seasons must be entirety and the affected areas returned mtligntion that may be appropriate and avoided to the moximum extent to their preexisting elevation. pmcticabI include,but are not limited practicable.Activities that result in the 25.Designated Critical Resource to:reducing the size of the project; physical destruction(a.g„excavate,fill, lValars.Critical resource waters Include, establishing and maintaining%votland or or smother downstream by substantial NOAA-designated marine sanctuaries, upland vegetated buffers to protect open turbidity)of an important spawning area National Estuarine Research Reserves, waters guar as streams;and replacing are not authorized. National Wild and Scenic Rivers, losses of aquatic resource functions and 21.Management of WaterFlonw,To critical habitat for Federally listed values by creating,restoring, enhancing, the maximum extent practicable,the threatened and endangeradyspecies, or preserving similar functions and activity must be designed to maintain coral reefs,state natural heritage sites, values,preferably in the same - preconstruclion downstream flow and outstanding national resource watershed. conditions(cg.,location,capacity,and waters or other waters officially (f)Compensatory mitigation plans for flow raLes).Furthermore,the activity designated by a state as having projects in or near streams or other open must not permanently restrict or impede particular environmental or ecological waters will normally include a . 'he passage of normal or expected high significance and identified by the requirement for the establishment, flows(unless the primary purpose of tho District Engineer after notice and nta(rttenence,and legal protection(e.g., fill is to impound waters)and the opportunity for public comment The easements,deed restrictions)of structure or discharge of dredged or fill District Engineer may also designate vegetated buffers to open waters,in material must withstand expected high additional critical resource waters after many cases,vegetated buffers w•t11 be (tows.The activity must,to the notice and opportunity for comment the roily compensatory mitigation maximum extent practicable,provide (a)Except as noted below,discharges required. Vegetated buffers should for retaining excess flows from the site, of dredged or fill material into waters of consist of native species.The width of Provide for maintaining surface flow the US are not authorized by NWPs 7, the vegetated buffers required will rates from the site similar to 12. 14,16,77.22,29,31,35,30,40,42, address documented water quality or preeonsLruclion conditions,and provide 43,and 44 for any activity within,or aquatic habitat loss concerns.Normally, for not increasing stater flows from the directly affecting,critical resource the vegetated buffer will be 25 to 5o Ceel project site,relocating water,or waters,Including wetlands adjacent to wide vegetated each side of the stream,but the redirecting water flow beyond such waters.Discharges of dredged or District deoEngineers may require strell&am, preconstruction conditions.Stream fill materials into waters of the US may vegetated buffets to address channelizing will be reduced to the be authorized by the above NWPs in documented water quslt or habitat minimal amount necessary,and the National Wild and Scenic Rivera if the loss concerns.Where both wetlands end activity must,to the maximum extent activity complies cts such Condition 7. �rwith General open waters exist on the project site,the as flooding or erosion downatrereduce adverse eem and may be au horized in desig such nated discharges Corps will ory mi determire the appropriate upstream of the project site,unless the habitat for Federally listed threatened or compensatory rout gaffer(e.g.,stream activity fs part of a larger system endangered species if the activity buffers or wetlands compensation) designed to manage water flows.In most complies with General Condition 11 and based on what is best for the aquatic cases,it will not be a requirement to the USFWS or the NMFS has concurred environment on a watershed basis.In conduct detailed studies and monitoring in a determination of compliance with cases where vegetated buffers are of water flow. . this condition, determined to be the most appropriate This condition is only applicable to (b)For NWPs 3,a,10, 23.16,18.29. form of compensatory mitigation,the projects that have the potential to affect 22,23,25.27,28,30,33,34,35,37,and District Engineer may waive or reduce waterflows.While appropriate measures 38,notification is required in the requirement to provide wetland must be taken,it is not necessary in accordance with General Condition 13, compensatory mitigation for wetland conduct detailed studies to Identify for any activity proposed in the _ impacts. such measures or require monitoring to designated critical resource waters (g)Compensatory mitigation ensure their effectiveness.Normally,the including wetlands adjacent to those proposals submitted with the Corps will defer to state and local waters.The District Engineer may "notification"may be either conceptual authorities regarding management of authorize activities under these NWPa or detailed.If conceptual plans are water flow, only after It is determined that the approved under the verification,then 22,AdverseEffecls From impacts to the critical resource waters the Corps will condition the verification Impoundments.if the activity creates an will be no more than minimal. to require detailed plans be submitted impoundment of water•adverse affects 26.Fills Within 1oD-YearJrJoodpploins. and approved by the Corps prior to to the aquatic system due to the For purposes of this General Canditlon, construetton of the authorized activity acceleration of the passage of water, 10o-year floodplains will be identified in waters of the US. and/or the restricting Its flow shall be through the existing Federal Emergency (h)Permitteas may pro use the use of minfml2ed to the maximum extent Management Agency's(FEMA)Flood mitigation banks,in-liou fee practicable.This Includes structures insurance Rate Maps or FEMA-opproved arrangements or separate activity- and work in navigable waters of the US, local Aoodplain mapps, specific compensatory mitigation.In all or discharges of dredged or fill matorial. (n) Discharges in F%adplain;Below cases that require compensatory 23. Walerfowl8reedingAreas. Headwaters.Discharges of dredged or mitigation,the mitigation provisions Activities,Including structures and fill material into waters of the US within will specify the party responsible for work in navigoble waters of the US or the mopped too-yaor floodplain,below From: 04/22/2004 08:34 #985 P.008/010 2094 Federal Register/Vol. 67, No. 10/Ttiesday, January 15, 2002/Notices headwaters(i.e. five c(s),resulting in resourpes for the purpose of change the use of a watorbody.The permanent above- tado fills,n_re not __compensatingfor unavoidable adverse ocronge of loss of waters of the US is the _. ..__..._.P_.___.- 8 aulhorizatflry AfNPs30,g0,g2,43,slid— mpf.Ca(—tVhTC [07niiTrI GRBT all —1 t1 rC5601 measurementOF[119"tSnpac O '- 44• appropriate and practicable avoidance existing waters for determining whether (b)Discharges in Floodnroy;Above and minimization has boon achieved. a project may qualify for an NWP;it Is Headn-otels.Discharges of dredged or Creation eThe establishment of a not a not threshold that Is calculated fill material into waters of the US within. wetland or other aquatic resource where attar considering compensatory the 17EM 4 or locally mapped flood way, one did not formerly exist. mitigation that may be used to offset r,.sulung in permanent above-grade fills, Enhancement:Activities conducted in losses of aquatic functions and values. are not authorized by NWPs 30.40,42, 'existing wetlands or other aquatic The loss of stream bad Includes the and 44. resources that Increase one or more linear fast of stream bed that is filled or (c)The portraitist;must comply with aquatic functions. excavated.Waters of the US temporarily any applicable FEMA-approved slate or Ephemeral Stream:An ephemeral filled,flooded,excavated,or drained, local floodplain management stream has flowing water only during but restored to preconstruction contours and for a short duration after, requirements. and elevations after construction,are 27,Construction Period.For activities precipitation events In a typical year. not included in the measurement of loss that have not been verified by the Corps Ephemeral stream beds are located of waters of the US.Impacts to and the project was commenced or above the water table year-round. ephemeral waters are only not included under eontrnct to commence by the Groundwater is not a source of water for In the acreage or linear foot expiration daG of the NVVP(or the stream.Runoff rainfall is the measurements of loss of waters of the modification or revocation date),the primary source of water for stream flow. US or loss al stream bed,for the purpose work must he completed within 12- Farm Trocl:A unit of contiguous land of determining compliance with the months after such data(including any under one ownership that is operated as threshold limits of the NWPs. modification that effects the project), a farm or part of a form. Nan-tidal Welland:A non-tidal For activities that have been verified Flood Fringe:That portion of the 100- wetland is a wetland(i.e.,a water of the and the project was commenced or year floodplain outside of the floodway US)that is not subject to the ebb and under contract to commence within the (often referred to as"noodway fringe"). flow,of tidal waters.The definition of a Floodnmy:The area regulated by ve.ificatlon period,the work must be wetland can be found at 33 CFR conlplsted by the date determined by Federal,state,or local requirements l0 328.3(h).Non-tidal wetlands contiguous the Corps; provide for the discharge of the base to tidal waters are located landward of For projects that have been verified by Rood so the cumulative increase in the high tide line(i.e.,spring high tide the Corps,an extension of a Corps water surface elevation is no more than line) a designated amount(not to exceed one approved completion dale maybe Open IVoler:An area that,during a u esled,This request must 6e foot ra sal by the National)withiFlood submitted at least one month before the insurance Program)within the IOD-year prey with normal standspatterns o Roo dplain. precipi it-m,has standing or Rowing previously approved completion date. Independent Utility:A test N waterinr-efficient duration to establish D.Further Information determine what constitutes a single and an ordinary high water mark.Aquatic 1.District Engineers have authority to complete project in the Corps regulatory vegetation within the area of standing or determine if an activity cam Ilea++•ith program.A project is considered to have flowing water is either non-emergent, lY P sparse,or absent.Vegetated shallows are the terms and conditions of an NtvF. independent utility if itwould be Pa g considered to be open waters.The term 2.NWPs do not obviate the need to constructed absent the construction of P obtain other Federal,state,or local other projects in the project area. •'open water"includes rivers,streams, permits. approvals,or authorizations Portion$of a multi-phase project that lakes,and ponds.For the purposes of required by lent. depend upon other phases of the project the ephemeral NJVPss this term does not include 3.NWPs do not grant any property do not have Independent utility.Phases rights or exclusive privileges. of a project that would be constructed Perennial Stream:A perennial stream 4.NWPs do not authorize any Injury, even if the other phases were not built has flatting water year-round during a to the property or rights of others. can be considered as separate single and typical year.The water table is located 5.NWPs do not authorize interference complete projects with independent above the stream bed for most of the with any existing or proposed Federal utility, year.Groundwater is the primary source project. Intermittent Stream.An intermittent of water for stream flow.Runoff from stream has flowing water during certain rainfall is a supplemental source of E.Definitions times of the year,when groundwater water for stream flow. Best Management Practices JBMPs): provides water for stream flow.During Permanent Above-grade Fill:A BhIPs are policies,practices, dry periods,intermittent streams Meng of dredged or fill material into procedures,or structures implemented not bete flowing water.Runoff from waters of the US,including wetlands, to mitigate the adverse environmental rainfall Is a supplemental source of that results in a substantial increase In effects on surface water quality resulting water for stream flow. ground elevation and permanently from development.BMPs are Loss of lNalem of the US:Waters of converts part or all of the waterbody to categorized as structural or non- the US that Include the filled area and dry land.Structural fills authorized by structural.A BMP policy may affect the other waters that are permanently NWPs 3,25,35.etc.are not Included. limits an a developpment adversely affected by flooding, Preservation:The protection of Compensatory Mitigation.For excavation,or drainage because cribs ecologically important wetlands or other purposes of Section 1 W404, _ regulated activity.Permanent adverse aquatic resources in perpetuity through compensatory mitigation Is the effects Include permanent above-grade, the Implem Dole Lion of appropriate legal restoration,creation,enhancement,or in al-grade,or below-grade fills that change and physical mechanisms.Preservation exreptlonal circumstances•preservation an aquatic area to dry land,increase the may include protection of upland areas of wetlands and/or other aquatic bottom elevation of a waterbody,or adjacent to wetlands as necossary to From: 04/22/2004 08:34 #985 P.009/m Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2005 - ensure protection and/or enhancement effects of changes in land use on the Inundated by tidal wators two times per of the overall aquatic ecosystem, aquatic environment. - lunar month,during spring high tides. Restomilon:Re-establishment of StormwaterManagement Facilities: Vegetated Buffer.A vegetated upland wetland and/or other aquatic resource StormwOter management facilities are or wetland area next to rivers,streams, �Zho.r�[nrUfilitt I cbuitnghl l>itsrwfitidFi—_-- where they have denied to @mist,or exist limited to,storrnwatar retention and separates tha open water from in a substantially degraded state. detention ponds and BMFS,which developed areas,including agricultural niffle and Pool Complex:Riffle and retain water fora period of time to land.Vegetated buffers provide a variety pool complexes are special aquatic sites control runoff end/or improve the orsquatic habitat functions and values under the 404(b)(3)Guidelines.Riffle quality(i.e.,by reducing the (e.g.,aquatic habitat for fish and other and pool complexes sometimes eoneentration of nutrients,sediments, aquatic organisms,moderation of water bst hazardous Substances and other characterize steep gradient sections of temperature changes,and detritus for streams. Such stream sections are pollutants)ofstormwatar runoff. a vatic food webs)and help improve or recognStream Bed:The substrata of the q. charactzahti s. their hydraulic maintain local water quality.A characteristics.The rapid movement of stream channel betweenthe ordinary vegetated buffer can be establishad by water over a course substrata In riffles high water marks, s.The substrate may maintaining an existing vegetated area bedrock or inorganic particles that range results,a a rough flow,a turbulent or Tenting native kegs,shrubs,and in size from clay teb0ulders.4Ystlands surface,end high dissolved oxygen herbaceous plants on land next to open- canti eous to the stream bed,but levels in the water.Pools are deeper � waters.Mowed lawns are not outsi a of ordinary high water areas associated with riffles.A slower considereb vegetated buffers because stream velocity,a streaming flow,a marks, net considered part of the they provide little or no aquatic habitat stream bed. smooth surface,and a finer substrate functions and values.The establishment Simon Chanf a stream The characterize pools.. manipulation of a stream channel to and maintenance of vegetated buffers is Single and Complete Project:The Increase the rate of water flow through a method of compensatory mitigation terra"single and complete project"Is the stream channel.Manipulation may that can be used in conjunction with the defined at 33 CFR 330.2(i)as the total include deepening,widening, restoration,creation,enhancement,or l,rojectproposed or accomplished by straightening,armoring,cr other preservation of aquatic habitats to one owner/developer or partnership or activities that change the stream cross- ensure that activities authorized by other association orownets/developers section or other aspects of stream NWPs result in minimal adverse effects (sea definition or independent utility). channel geometry to increase the rate of to the aquatic environment.(See For linear projects,the"single and water flow through the stream channel. General Condition 10.) complete project"(i.e.,a single and A channelized stream remains a water Vegetated Shollowd:Vegetated complete crossing)will apply to each of the US,despite the modifications to shallows are special aquatic sites under crossing of a separate water of the US increase the rate of water flow. the 604(b)(1)Guidelines.They are areas (i.e.,a single weterbody)at that lotion. Tidal FYetland.A tidal wetland is a that are permanently inundated and :;n exception Is for linear projects wetland Ilia.+water of the US)that is under normal circumstances have crossing a single waterbody several Inundated by tidal waters.The rooted aquatic vegetation,such as times at separate and distant locations: definitions of a wetland and tidal waters seagrasses in marine and estuarine each crassing is considered a single and can be found at 33 CFR 326.3(b)and 33 systems and a variety orvascular rooted complete project.However,individual CFR 32B.3(f),respectively.Tidal utters plants in freshwater systems. channels in a braided stream or river,or rise and fall in a predictable and Watarbad-v:A watirbod is an area individual arms of a large,irregularly measurable rhythm or cycle due to the y y that In a normal year has water th flowing shaped wetland or lake,etc.,are net gravitational pulls of the radon and sun. or standing above ground to the extent ' Separate waterbodies. Tidal waters end where the rise and roll that evidence of an ordinary high water Stormwaler,Nonogerrent:Slormwater of the water surface can no longer be mark is established.Wetlands management is the mechanism for practically measured in a predictable contiguous to the weterbody are controlling stormwater runoff for the rhythm due to masking by other waters, considered part of the tve[erbody.. purposes or reducing downstream wind,or other effects.Tidal wetlands erosion,water quality degradation,and are located channehvard of the high tide iFR Doc.02-839 Filed 1-1442:OAS eml flooding and mitigating Una adverse line(i.e.,spring high tide line)and are MILLING COD`Mr VZ-P From: 04/22/2004 08:34 #985 P.010/010 7/ Nationwide Permit 24-State Administered Section 404 Program 1. Permit-specific Regional Conditions:None. 2. Water QualityCertificntion:WQCis not required for this NWP, 3. Coastal Zone Consistency Determination:This NWP Is consistent with the New York Coastal Management Program. Nationwide Permit 25-Structural Diselrarges I. Pormit-specific Regional,Conditions:None, 2. Water Quslity Certification:The New York State Department of Environmental Conservation has certified that activities authorized by this NWI7 and undertaken in accordance with the special conditions listed below will comply urith the applicable provisions of the Clean Water Act and applicable New York State water quality standards: a. This certification does not apply to any structural discharge occurring in a designated Significant Coastal Fish and Wildlife Habitat area pursuant to.19 NYCRR Part 602;Title 19 Chapter 13, Waterfront Revitalization and Coastal Resources. b. This certification does not apply to any pile-supported structure with a surface area greater than 4,000 square feet. c. This certification does not apply to any structural support member with a surfact area greater than 64 square feet d. This certification does not apply to piles or structural support members with spacing between such members causing accretion of bottom sediments. e 3. Coastal Zone Consistency Determination: Where the activities to be authorized would occur within the following CMP special management arm:1)The Long Island Sound Regional Coastal Management Program; 2)Local Waterfront Revitalization Programs;3)Significant Coastal Fish and Wildlife Habitats;and 4)Harbor Management Plans,see Part B(3),below for requirements. Nationwide Permit 26—Reserved Nationwide Permit 27-Stream and Wetland Restoration Aedvitfes 1. Permit-specific Regional Conditions:None, 2. Water Quality Certifidtion: No WQC special conditions. 3. Coastal Zone Consistency Determination:Where the activities to be authorized would occur within the following CMP special management areas:1)The Long Island Sound Regional Coastal Management Program;2)Local Waterfront Revitalization Programs;3)Significant Coastal Fish and Wildlife Habitats;and 4)Harbor Management Plans,sec Part B(3),below for requirsmenrs.