CONCORD, Mass. – The U.S. Army Corps of Engineers, New England District is
proposing to revise and replace the statewide Connecticut General Permit (GP)
with a series of multiple GPs covering activity-specific categories. The
revised GPs will continue to authorize activities in waters of the U.S. within
the state of Connecticut and lands located within the exterior boundaries of an
Indian Reservation with minimal individual and cumulative adverse environmental
impacts.
The existing General Permit will expire on July 15, 2016
and the Corps proposes to reissue the GPs for another five years prior to that date.
The revised GPs will continue the expedited review process for activities in
Corps jurisdiction under Section 404 of the Clean Water Act, Section 10 of the
Rivers and Harbors Act of 1899, and Section 103 of the Marine Protection,
Research and Sanctuaries Act.
General Permits are used as a way to streamline state
and Federal regulatory programs. The New England District has already had
success with streamlining these programs with the use of GPs throughout New
England. This notice is being issued in accordance with 33 CFR 325.3(b) to
coordinate reissuance of the GPs with Federal resource agencies, state agencies
and the general public.
The revised GP organizes eligible work into 22
activity-specific categories. This was intended to satisfy the requirements of
Section 404(e) of the Clean Water Act, which allows the Corps to issue general
permits for activities that are similar in nature and will cause only minimal
individual and cumulative adverse environmental effects. Identifying specific
activities allows the Corps to adequately assess cumulative impacts of permitted
activities, as well as fully assess impacts on threatened and endangered
species. The proposed GPs retain the function and utility of the existing
Connecticut GP and are not expected to result in significant substantive
changes to how activities in waters of the U.S. are regulated in the state of
Connecticut.
All GP authorizations would be subject to the
applicability requirements, procedures, and conditions contained in the GP
documentation. Project eligibility under these GPs will fall into two
categories as more fully described in Appendix A – General Permits. Individual GP
authorizations are not valid until all other required Federal, state and local
permits and/or certifications are obtained.
Projects with minimal individual and cumulative effects
on the aquatic environment will be approved administratively under these GPs. Representatives
of the Corps, state agencies, and the Federal resource agencies (U.S. Fish and
Wildlife Service, U.S. Environmental Protection Agency, and National Marine
Fisheries Service) will continue to review those activities requiring a
Pre-Discharge Notification to the Corps as outlined within the GPs. Projects that do not meet the
terms and conditions of the GPs, including those that have the potential for
more than minimal effects, will require an Individual Permit. The Individual
Permit review process is detailed at 33 CFR 325, Processing of Department of
Army Permits.
Reissuance of the GPs will not alter the Individual
Permit review procedures, or Federal exemptions, which are not necessarily the
same as the state of Connecticut’s exemptions. To view the public notice
and the proposed revised GPs visit the Corps website at http://www.nae.usace.army.mil/ and select “regulatory/permitting”
and then “public notices” or go directly to
http://www.nae.usace.army.mil/Missions/Regulatory/PublicNotices.aspx.
Public comments referencing this proposal to revise and
replace the Connecticut General Permit should be forwarded to this office no
later than June 8, 2016. The
address is the U.S. Army Corps of Engineers, New England District, Regulatory
Division (ATTN: Diane Ray), 696 Virginia Road, Concord, MA 01742-2751.
Additional information is available from Permit Project Manager Diane Ray at
978-318-8831, or toll free at 800-362-4367 (if calling from within
Massachusetts), or 800-343-4789 (if calling from outside of Massachusetts) or by
email to diane.m.ray@usace.army.mil.