Guidebook to Development Requirements on Guam - Bsp.guam.gov

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Department of the Army CORPS OF ENGINEERS, PACIFIC OCEAN DIVISION GUAM OPERATIONS OFFICE GUAM REGULATORY BRANCH PSC 455, Box 188 FPO AP 96540-1088 Tel: 339-2108 FAX: 339-2306 ARMY CORPS OF ENGINEERS The U.S. Army Corps of Engineers (ACOE) is responsible for, among other things, protecting the nation‟s navigable waters from obstructions and for maintaining the environmental quality of water resources. A Corps permit is required <strong>to</strong> perform work in, on, over or under all tidal waters. Permits are required for dredging in all tidal waters and in some wetlands. Also, the permanent or temporary placement or discharge of dredged or fill materials in<strong>to</strong> all tidal and non-tidal waters and adjacent wetlands require a permit. Activities which require permits include, but are not limited <strong>to</strong>, the following: a) Construction of boat ramps, seawall or other similar structures and artificial reefs. b) Placement of floats, piers or mooring buoys in tide waters. c) Discharging sand, gravel or other fill materials in<strong>to</strong> all waters and wetlands. d) Filling of wetlands, rivers or other non-tidal bodies of water and filling of tidal waters. e) Laying of underwater cables, tunnels or outfall pipes in tide waters. f) Creation of aquaculture ponds located in waters of the U.S. including wetlands. g) Excavations in wetlands if excavated material is side cast. h) Mechanized clearing of wetland vegetation. The ACOE advises that work in wetlands and other special aquatic sites must be avoided unless it can be shown that no other less environmentally damaging alternative exists. Applicants are expected <strong>to</strong> provide the following information: a) A detailed description of the proposed activity, including the purpose, use, type of structure, facilities for handling waste, and composition and quantity of dredged or fill materials. b) Names and addresses of adjoining property owners and others who may be affected by proposed activity. c) Complete information on the project location in enough detail so that a field visit may be conducted. d) A list of the status of all other federal or local government permits and clearances required for the project. e) A simple environmental impact assessment. A more detailed EIA may be required for projects having large, potential impacts. 44
The Corps‟ permit review process includes reviews by interested local agencies and organizations and may involve a public hearing. The ACOE will not issue a permit until all applicable Terri<strong>to</strong>rial regulations have been satisfied. In some cases, however, the ACOE may issue “provisional” permits before required local approvals such as the CZM consistency statement or Section 401 Water Quality Certification have been issued. These “provisional” permits make it clear that the permit is not valid until these approvals have been issued or waived. Review time may be reduced by simultaneous processing. If there are no objections <strong>to</strong> the proposed activity, a permit may be issued within 3 months after completed application is submitted unless the project meets the requirements of a nationwide permit in which case final action on processing normally takes two weeks. The permit is $10 for non-commercial uses and $100 for commercial and industrial uses. Copies of Permit Application Forms are reproduced as ACOE-1. National Wetlands Inven<strong>to</strong>ry Maps of areas over which the ACOE exercises permit jurisdiction are available for review at the local ACOE office; however, these maps are only useful as general guide and are not a reliable way <strong>to</strong> ensure wetlands are not on a particular site. The only way <strong>to</strong> be sure if there are wetlands on site is for a qualified wetland delinea<strong>to</strong>r <strong>to</strong> inspect the entire site. Violations of pertinent laws may result in the following penalties: removal of materials followed by res<strong>to</strong>ration; fines from $500 <strong>to</strong> $5,000 per day; fines for unpermitted work can be as high as $25,000 per day; and/or imprisonment for up <strong>to</strong> one year. Reference: “U.S. Army Corps of Engineers Permit Program – A Guide for Applicants”, U.S. ACOE, November 1977 (with supplements). Authority: Section 10, River and Harbor Act of 1899; Section 404, Clean Water Act; and Section 103, Marine Protection, Research and Sanctuaries Act. More information about these permit regulations may be obtained from the Guam Operations Office, U.S. Army Corps of Engineers. 45
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Guidebook
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Guidebook
Page 6 and 7:
Construction Permit……………
Page 9 and 10:
DIRECTORY OF GOVERNMENT AGENCIES Ad
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Guam Land Use Commission and Applic
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LAND USE ZONING Guam‟s Zoning Law
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2. The manufacturing, compounding,
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“C” - Commercial Zone Condition
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CONDITIONAL USE 6. Fees: Applicatio
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ZONE CHANGE TO: Executive Secretary
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SUMMARY ZONE CHANGE Public Law 21-8
Page 28 and 29:
5. Supporting Information (Continua
Page 31 and 32: ZONE VARIANCE TYPE OF VARIANCE REQU
Page 33 and 34: SUBDIVISION VARIANCE TO: Executive
Page 35 and 36: GUAM SEASHORE CLEARANCE PERMIT APPL
Page 37 and 38: SEASHORE CLEARANCE TO: Executive Se
Page 39 and 40: WETLANDS PERMIT Wetlands are one ty
Page 41 and 42: WETLAND PERMIT TO: Executive Secret
Page 43: FLOOD HAZARD AREA PERMIT A flood ha
Page 47: PARENTAL SUBDIVISION OF PROPERTY In
Page 50 and 51: the Application Review Committee as
Page 52 and 53: 4. (Continuation): TENTATIVE SUBDIV
Page 54 and 55: 3. (Continuation): FINAL SUBDIVISIO
Page 56 and 57: RESORT/HOTEL ZONE DEVELOPMENT All d
Page 58 and 59: D. Any proposed use or structure wh
Page 63 and 64: DEPARTMENT OF PUBLIC WORKS Division
Page 65 and 66: 1994 UNIFORM BUILDING CODE TABLE 1
Page 67 and 68: TABLE A-33-B - GRADING PERMIT FEES
Page 69 and 70: P A R T T W O PROCEDURES AND REQUIR
Page 71 and 72: Soil test data must be submitted fo
Page 73 and 74: B. The Building Official shall revi
Page 75 and 76: IX. STOP WORK ORDERS: In the event
Page 77 and 78: DEPARTMENT OF PUBLIC HEALTH & SOCIA
Page 79 and 80: specified in the remarks of the pla
Page 81: C. Plans and Specifications Review
Page 94 and 95: GUAM COASTAL MANAGEMENT PROGRAM and
Page 96 and 97: Minor Stationary Sources All other
Page 98 and 99: Notification Forms may be obtained
Page 100 and 101: Department of Land Management. Foll
Page 102 and 103: There are a number of different typ
Page 104 and 105: with the Administrative Adjudicatio
Page 106 and 107: The Permit Application Fee for a SW
Page 108 and 109: Authority: “Toilet Facilities and
Page 110 and 111: complexity of the project and compl
Page 112 and 113: Department of Parks and Recreation
Page 114 and 115: D. Vegetation Adequate consideratio
Page 116 and 117: for the required items in the selec
Page 118 and 119: Developers should give much more co
Page 120 and 121: DEPARTMENT OF PARKS AND RECREATION
Page 122 and 123: Felix P. Camacho Governor Kaleo S.
Page 124 and 125: The preservation laws applicable <s
Page 126 and 127: The Guam (State) Histo</str
Page 128 and 129: How much time and effort will be ne
Page 130 and 131: environmental resources, including
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FLOODPLAIN MANAGEMENT ORDINANCE TAB
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SECTION 2.0 DEFINITIONS Unless spec
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―Flood Insurance Study‖ means t
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this ordinance. Below grade attache
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uildings, such as garages or sheds
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3.7 SEVERALBILITY. This ordinance a
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SECTION 5.0 PROVISIONS FOR FLOOD HA
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5.3 STANDARDS FOR SUBDIVISIONS. A.
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B. All new construction and other d
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fully considered. As the lot size i
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4. Provide elevation certificates f
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Appendix A Operation and Maintenanc
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GENERAL INFORMATION (Details <stron
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Moderate Design Path - Permanent po
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written request to
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APPENDIX B DEFINITIONS 1. Applicati
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accessory buildings and uses, <stro
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P.L. 21-82, Sec. 4, Establishes the
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