INFORMATION BULLETIN
US ARMY CORPS OF ENGINEERS
MAINE PROJECT OFFICE
The Corps of Engineers, working in conjunction with State and Federal regulatory and resource agencies has issued a programmatic general permit (PGP) that expedites Corps review of minimal impact work in coastal and inland waters and wetlands within the State of Maine.
For projects regulated by the Maine Dept. of Envirormental Protection (DEP) under their Permit-by-Rule (PBR) program, the Corps has determined that, with certain exceptions identified below, PBR activities qualify for Category I of the PGP. As such they require no application or notification to the Corps and no further action from the Corps.
The following PBR activities DO NOT qualify for Category I (non-reporting) and must be submitted to the Corps for Category II screening (REFER TO NOTE BELOW) :
a. Any PBR activity performed in/over navigable waters of the United States. Navigable waters in Maine have been identified by the Corps as those subject to the ebb and flow of the tide, the Kennebec River inland to Moosehead Lake, Lake Umbagog in Maine, and the Penobscot River to the confluence of its east and west branches at Medway.
b. Intake Pipes & Water Monitoring Devices. Temporary or permanent intake pipes where a discharge of dredged or fill material in waters of the United States will occur. Waters of the United States are defined by the Corps to include not only navigable waters but also all other rivers, streams, lakes, ponds and wetlands. Please note that any permanent or temporary disturbance of the soil, e.g. grubbing, filling, excavation, etc. is considered filling.
c. Riprap. Any bank stabilization activity where the length of the project exceeds 500 linear feet; and the fill below the ordinary high water line exceeds 1 cubic yard per linear foot of stabilization.
d. Utility Crossings. Any submerged crossing as defined in the PBR where work in waterways or wetlands will be performed from Oct. 2 to July 14. In addition, wetland crossings where impacts (direct & secondary) exceed 4300 square feet.
e. Stream Crossings. Any stream crossing as defined in the PBR where work in waterways or wetlands will be performed from Oct. 2 to July 14. In addition, wetland crossings where impacts (direct & secondary) exceed 4300 square feet.
f. General Permit for State Transportation Facilities. Any project where impacts to freshwater wetlands exceed 4300 square feet.
g. Restoration of Natural Areas. All such projects as defined in the PBR.
h. Fisheries & Wildlife Habitat Creation or Enhancement and Water Quality Improvement Projects. All such projects as defined in the PBR.
i. Piers, Wharves & Pilings. Any temporary or permanent structure or work as defined in the PBR placed seaward of the mean high water line in navigable waters.
j. General Permit for Maintenance Dredging. All such projects as defined in the PBR.
PLEASE SEE BELOW FOR ADDITIONAL INFORMATION REOUIRED FOR CORPS PERMIT APPLICATIONS
Note: Because the above projects require Category II screening, the Corps will provide a decision within 60 days of receipt of the application, not the normal 14 days for PBR.
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FOR FILLING OR EXCAVATION PROJECTS, THE FOLLOWING ADDITIONAL
INFORMATION IS REQUIRED FOR DEPARTMENT OF THE ARMY PERMIT
APPLICATIONS. RESPOND TO EACH ITEM AS APPLICABLE.
Please submit a copy of your PBR application along with the applicable information listed below by certified mail to the following address:
1. Provide a brief description of the purpose of and need for the project.
2. Provide a vicinity map indicating the project location within the community. This is best shown on an 8-1/2 x 11 copy of the US Geological Survey topographic map for your project area. These are available in most town offices and in camping and sporting goods stores.
3. Provide a drawing that clearly shows the proposed work. Drawings should be on 8-1/2 x 11 paper and they should include, but not be limited to, a scale or dimensions, a north arrow, the location of any wetlands or waterways, property lines, major natural or man-made features and the amount of alteration (square feet). Please note that drawings do not have to be produced by an engineer but they should be as accurate as possible.
4. Describe the project area. The following checklist is provided for your assistance. Check each block as applicable.
Area is.....
__Wooded __Open (field) __Mixed __Hilly __Flat __Ledge __Developed __Undeveloped __Residential __Commercial __Other
(please describe as fully as possible)
5. Provide a recent photo(s) of the project area taken without snow cover and at low tide if on the coast.
6. Provide a copy of the applicable portion of the National Wetlands Inventory Map and/or Soil Conservation Service Soil Survey for your site if available. (May be available at your local County Soil Conservation Service office.)
7. If the project will impact waterways or wetlands, are there any alternatives available to avoid or minimize impacts? For example, if the project involves a road crossing, was alternative access or crossing at a narrower point considered?
8. Has a wetland delineation been done for the project area? If so, please provide a copy of the delineation report.
9. Has soils mapping or a site evaluation been performed for the project area? If so, please provide a copy of this information.
10. Is this proposal part of a larger project now or in the future? If so, please describe the entire project and provide the necessary drawings. For example, if the project is a subdivision access road you must show the entire subdivision plan.
11. Are there any known Federally listed threatened or endangered species or critical habitat in the project area? You may contact the US Fish & Wildlife Service at 207-827-5938 for more information.
12. Are there any known historic properties in the project area? You may contact the State Historic Preservation office at 207-287-2132 for more information.
13. If area supports seasonal streams or drainage ways or pools. Are there any fish, frogs or salamanders?
PENALTIES: Discharges of dredged or fill material into waterways or wetlands without the necessary Federal permits is subject to civil and criminal fines of up to $50,000 per day of violation or possible imprisonment. Grading, clearing/grubbing, excavation and similar activities in wetlands constitutes filling by Corps definition. Unauthorized work in navigable waters of the United States is subject to civil and criminal fines of up to $2,500 per day of violation.
