Massachusetts General Programmatic Permit (33 C.F.R. 320-330: U.S. Army Corps of Engineers Regulations)

The following permits are administered by the U.S. Army Corps of Engineers (ACOE). A Section 10 permit is required for all work, including structures, seaward of the mean high water line in navigable waters of the United States, defined as waters subject to the ebb and flow of the tide, as well as a few of the major rivers used to transport interstate or foreign commerce. A Section 404 permit is required for activities which involve the discharge of dredged or fill material into waters of the United States, including not only navigable waters, but also coastal waters, inland rivers, lakes, streams, and wetlands. A Section 103 permit is required to transport dredged material for the purpose of disposal in the ocean. Please note: These permits are considered together as they are administered by the U.S. Army Corps of Engineers under a single permit application. The U.S. Army Corps of Engineers, New England District has issued a Programmatic General Permit (PGP) for work in Massachusetts. The PGP provides for three levels of regulatory review: * Category I: Activities of minimal environmental impact that do not require Corps regulatory review and are classified as non-reporting. While no written notification to the Corps is required for these "minor" projects, they must comply with the conditions contained in the PGP. * Category II: Activities likely to be of minimal environmental impact but that have the potential to have adverse effects. A project-specific review and authorization from the Corps in writing are required. Copies of the Massachusetts Chapter 91 application and plans, or the Water Quality Certification application and plans, are usually sufficient for Category II review. * Category III: Activities that have potential to cause adverse environmental impacts. These projects must get an Individual Corps license, and therefore require project-specific review, are available for public review and comment, and may require preparation of an Environmental Impact Statement. Review Process: PGP, applications for projects meeting the PGP criteria must include a brief project description, vicinity map, site plan, and a plan view of the proposed structure. Federal and state resource agencies meet every three weeks to review PGP applications. A PGP is usually issued, with or without special conditions, ten days after the review closes. Individual Permits: Applications for Individual Permits must include site location, a description of the project and its purpose, and related maps and plans. Within 15 days of receiving the required application material, the Corps issues a Public Notice seeking comments from abutters, regulatory agencies and the public. Comments are accepted for up to 30 days. The Corps evaluates comments received, compliance with section 404(b)(1) of the federal Clean Water Act, public interest criteria and issues a permit. If denied, the applicant is informed of the reason(s). Neither a PGP nor an Individual Permit is valid until the applicant has obtained a 401 Water Quality Certification from DEP. Individual permits are not valid until CZM concurs that the project is consistent with state coastal policies. Applicability to Aquaculture: Shellfish culture projects smaller than one acre are generally found to be eligible for a PGP. Larger projects, such as hatcheries, may exceed the thresholds of PGP eligibility, and therefore may be required to obtain an Individual Permit. Any project in or affecting the waters of the United States must comply with the conditions of the PGP or, in the case of larger projects, the conditions of an Individual Permit. Forms: PGP - None; Individual - ENG Form 4345: www.nae.usace.army.mil/ Fees PGP - None; Individual - Commercial Activity $100.00 Contact: U.S. Army Corps of Engineers, New England District, Regulatory Branch, [phone] and [phone].