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Corps clarifies word revision for reissuance of the New Hampshire general permit for minimal impact activities

Published Feb. 28, 2017

CONCORD, Mass. – The U.S. Army Corps of Engineers, New England District is clarifying the federal jurisdictional boundary language and adding a general condition to the proposed statewide New Hampshire General Permit (GP) renewal, pursuant to 33 CFR Part 325.5(c)(1).


The original proposed New Hampshire General Permit can be viewed at www.nae.usace.army.mil/reg/index.htm. Select "Public Notices" and then "Proposed Revision and Reissuance of the New Hampshire General Permit". The original public notice was published Nov. 1, 2016.


The wording of the proposed New Hampshire General Permit describing federal jurisdictional boundaries changes to:


 2. Federal Jurisdictional Boundaries.

a) Applicability of these GPs shall be evaluated with reference to Federal jurisdictional boundaries. Activities shall be evaluated with reference to "waters of the U.S." under the Clean Water Act (33 CFR 328) and "navigable waters of the U.S." under §10 of the Rivers and Harbors Act of 1899 (33 CFR 329). Applicants are responsible for ensuring that the boundaries used satisfy the Federal criteria defined at 33 CFR 328-329. These sections prescribe the policy, practice and procedures to be used in determining the extent of the Corps' jurisdiction.


b) Pre-Construction Notification (PCN) (Minor or Major Impact Projects) Applicants shall identify all aquatic resources on the project site. They are all presumed to be waters of the U.S. unless an approved jurisdictional determination has been obtained from the Corps that determines otherwise. Wetlands shall be delineated in accordance with the Corps of Engineers Wetlands Delineation Manual and the most recent Northcentral/Northeast Regional Supplement.


The additional general condition for the proposed New Hampshire General permit will read:


 27. Vernal Pools

a. On projects requiring a PCN, vernal pools must be identified on the plan showing aquatic resource delineations.

b. A PCN is required if a discharge of dredged or fill material is proposed in a vernal pool located within Federal jurisdictional boundaries.

c. Adverse impacts to vernal pools, vernal pool envelopes, and critical terrestrial habitats should be avoided and minimized to the maximum extent practicable.


d. GC 27(b) and (c) do not apply to projects that are within a municipality that meets the provisions of a Corps-approved VP Special Area Management Plan (VP SAMP) and are otherwise eligible for self-verification, and the applicant meets the requirements to utilize the VP SAMP.


The public notice can be viewed on the Corps website at www.nae.usace.army.mil/Missions/Regulatory/PublicNotices.aspx.


Questions on the reissuance of the New Hampshire GP (file # NAE 2016-02415) can be directed to the U.S. Army Corps of Engineers, New England District, Regulatory Division (ATTN: David Keddell), 696 Virginia Road, Concord, MA 01742-2751 or by calling Permit Project Manager David Keddell at 978-318-8692 or toll free 800-343-4789 or 800-362-4367 (if calling from within Massachusetts) or by email to: david.m.keddell@usace.army.mil.



Tim Dugan

Release no. 17-008