DEPARTMENT OF THE ARMY Little Rock District, Corps of Engineers Post Office Box 867 Little Rock, Arkansas 72203-0867

09051-GS

JOINT PUBLIC NOTICE
CORPS OF ENGINEERS STATES OF ARKANSAS AND MISSOURI

RENEWAL OF A GENERAL PERMIT for the placement of dredged and fill material in waters of the United States associated with the construction of steps, walkways, or footbridges on all navigable waters of the United States within the Little Rock District in the States of Arkansas and Missouri.

TO WHOM IT MAY CONCERN:

Background. On September 24, 2009, the Little Rock District Corps of Engineers issued a joint public notice with the States of Arkansas and Missouri announcing consideration of a time extension for this general permit for the construction of steps, walkways, or footbridges on all navigable waters of the United States within the Little Rock District. The authority for permit issuance is found in Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403) and Section 404 of the Clean Water Act (33 U.S. Code 1344). Corps districts are authorized to develop general permits in accordance with Title 33, Code of Federal Regulations Parts 325.2(e)(2) and 325.5(c)(1).

Determination to Extend. After reviewing the previous actions authorized under this general permit and comments received on the public notice, it is our assessment that the work authorized will not have significant adverse environmental impacts and that the public interest will be served by extending the period of the general permit.

The policies of this general permit will be subject to reconsideration at any time, but will be reviewed at least every five (5) years. This general permit is therefore extended for a period of 5 years until January 21, 2015, unless it is revoked or specifically extended in the interim.

Notification/Verification Requirement. Anyone wanting to do work under the proposed general permit would have to notify the Little Rock District and receive verification that the proposed work met the limits of the general permit. The notification/verification details are outlined in the Procedures for Verifying Authorization attached to the general permit.

Consideration of New/Additional Information. If additional information, developed during the life of the permit, indicates factors contrary to the public interest, this general permit may be suspended, modified, or revoked.

Interested parties are requested to provide comments on this general permit at any time during the life of the permit. Comments should be addressed to Chief, Regulatory Division, US Army Corps of Engineers, PO Box 867, Little Rock, Arkansas 72203-0867.

NOTE: The mailing list for this Public Notice is arranged by state and county(s) where the project is located, and also includes any addressees who have asked to receive copies of all public notices. Please discard notices that are not of interest to you. If you have no need for any of these notices, please advise us so that your name can be removed from the mailing list.

Enclosures Joyce C. Perser
Chief, Regulatory Division

General Permit: General Permit for Activities Involving the Construction of Steps, Walkways, or Footbridges on all Navigable Waters of the United States within the Little Rock District in the States of Arkansas and Missouri.

Permit No.: 09051 - GS

Issuing Office:

Department of the Army
Little Rock District
P.O. Box 867
Little Rock, Arkansas 72203 0867

NOTE: The term "you" and its derivatives, as used in this general permit, means any of the permittees whose work is authorized under its terms and conditions. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer.

You are authorized to perform work in accordance with the terms and conditions specified below.

Project Description: Work authorized under this general permit is limited to the construction of steps, walkways, or footbridges.

The construction of wooden, concrete, metal, gravel, or native stone steps is not to exceed four (4) feet in width and not to exceed 6 by 8 foot landings. All structures shall be securely anchored. Pentachlorophenol treated material shall not be used below the ordinary high water elevation of the waterbody for projects in the State of Missouri. In the interest of safety, we recommend that handrails, approximately 30 to 34 inches in height, be added along with a guardrail approximately 24 inches high.

Examples of typical work, which falls within the scope of this general permit and the limits, are shown on the attached drawings. (See attached sheets 1 of 2 and 2 of 2.)

Project Location: In navigable waters of the United States within the Little Rock District in the States of Arkansas and Missouri.

Permit Conditions:

General Conditions:

1. Authorization under this general permit is valid for three years from the date of the verification letter to you. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached.

2. You must maintain the activity authorized by this general permit in good condition and in conformance with the terms and conditions of this general permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this general permit from this office, which may require restoration of the area.

3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this general permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.

4. If you sell the property associated with this general permit, you must inform the new owner to contact this office so that the authorization can be transferred or reissued.

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this general permit. For your convenience, a copy of the certification is attached if it contains such conditions.

6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of this general permit.

Special Conditions:

1. You shall not use creosote-treated materials, as well as pentachlorophenol-treated materials, below the ordinary high-water elevation of any waterbody within the State of Missouri. All wood products used in construction of these facilities should be properly drained, wiped, or otherwise treated such that preservative materials will not seep from the wood and enter waters of the state.

2. You shall use clean, nonpollutional material for construction. Fuel, oil, other petroleum products, and equipment shall not be stored below the ordinary high water mark of the waterbody.

3. You shall perform all construction activity in a manner that will minimize increased turbidity of the water in the work area and otherwise avoid adverse effects on water quality and aquatic life.

4. You shall place all excavated material on a non-wetland, upland site and not allow any runoff water from the disposal site to enter the waterway.

5. You shall perform all construction in such a manner as to not destroy or endanger the critical habitat of a threatened or endangered species, as identified under the Endangered Species Act.

6. You shall perform the authorized activity in such a manner as to not cause unreasonable interference with navigation.

7. You shall seed, replant, or give some other equivalent type of protection against subsequent erosion to all areas disturbed or newly created by your construction activity.

8. If your authorized activity involves the use of Government-owned land, you must obtain written approval from the Chief of the Real Estate Branch and/or the Operations Manager at the appropriate Project Office. This general permit will not be valid unless the proper easement or permit can be obtained for the use of Government-owned land. Additional conditions for work involving the location, placement of fill, construction and operations in the impacted areas will be included in these documents.

9. Your facility will not be authorized in a component of the National Wild and Scenic River System or in a component of a State Wild and Scenic River System.

10. Your facility will not be authorized in a wetland area.

Further Information:

1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:

(X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403).

(X) Section 404 of the Clean Water Act (33 U.S. Code 1344).

( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).

2. Limits of this authorization:

a. This general permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.

b. This general permit does not grant any property rights or exclusive privileges.

c. This general permit does not authorize any injury to the property or rights of others.

d. This general permit does not authorize interference with any existing or proposed Federal project.

3. Limits of Federal Liability: In issuing this general permit, the Federal Government does not assume any liability for the following:

a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.

b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest.

c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this general permit.

d. Design or construction deficiencies associated with the permitted work.

e. Damage claims associated with any future modification, suspension, or revocation of this general permit.

4. Reliance on Applicant's Data: The determination of this office that your proposed work complies with the terms and conditions of this general permit was made in reliance on the information you provided.

5. Reevaluation of Permit Decision: This office may reevaluate its decision on this general permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:

a. You fail to comply with the terms and conditions of this general permit.

b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above).

c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.

Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your general permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost.

6. Extensions: General Condition 1 establishes a time limit for the completion of your activity authorized by this general permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.

GENERAL PERMIT - 09051 - GS

For the Construction of Steps, Walkways, or Footbridges on all Navigable Waters of the
United States within the Little Rock District in the States of Arkansas and Missouri.

1. The U.S. Army Corps of Engineers, Little Rock District, has issued the attached general permit for the construction of steps, walkways, or footbridges on all navigable waters of the United States within the Little Rock District in the States of Arkansas and Missouri. The purpose of the general permit is to provide authorization for the minimal impacts of the construction of steps, walkways, or footbridges on navigable waters in the Little Rock District.

Work authorized under this general permit would be limited to the construction of steps, walkways, or footbridges. The construction of wooden, concrete, metal, gravel, or native stone steps will not exceed four (4) feet in width and landings will not exceed 6 by 8 feet. The structures shall be securely anchored. Pentachlorophenol treated material shall not be used below the ordinary high water elevation of the waterbody for projects in the State of Missouri. In the interest of safety we recommend that handrails, approximately 30 to 34 inches in height, be added along with a guardrail approximately 24 inches high.

This general permit is currently valid until January 21, 2015. The following procedures must be followed to verify authorization to do work under this general permit.

2. Procedures for Verifying Authorization. You shall use the following procedures in verifying authorization under this general permit.

a. You shall submit a written description of the proposed work at least 30 days prior to the proposed commencement of work to the District Engineer, ATTN: CESWL-RD, U.S. Army Corps of Engineers, Little Rock District, PO Box 867, Little Rock, Arkansas 72203-0867, or the appropriate Operations Manager for the lake or the reach of the river involved, as listed below:

b. Included with the submittal shall be drawings, which accurately depict the work and its exact location. The type, sizes, and quantities of structures and/or materials to be used should be fully described, including appropriate dimensions.

c. Upon receipt of your request, the Corps of Engineers will determine whether the work falls within the criteria established by this general permit. The length of time required to process each request under this general permit will be directly related to the adequacy and completeness of the information you submit. You will receive a letter of verification if the work is covered by this general permit. If the work cannot be authorized under this general permit, you will be notified that your application must be processed under other procedures, which may involve submission of additional information and likely issuance of a public notice.

d. To comply with the intent of the National Historic Preservation Act (NHPA), each proposed activity that meets the criteria in this general permit will be coordinated with our staff archeologists for review. The Corps archeologists will (1) review the National Register of Historic Places for known historic properties, (2) review any completed archeological reconnaissance and surveys in the affected area, and, if indicated, (3) complete an archeological reconnaissance on the proposed site if one has not already been accomplished.

e. In areas where the United States has acquired an interest in the real estate under the jurisdiction of the Corps of Engineers, such as easements for occasional flooding, a real estate instrument will be required. Processing of the real estate instrument will begin when plans are received from you. If the request for use of the real estate is disapproved, the authority granted under this general permit would be null and void.

f. Projects using this general permit will be reviewed by the Planning Office (Floodplain Management).