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Regional Permit Program - Chicago District - U.S. Army

Regional Permit Program - Chicago District - U.S. Army

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6. COMPLETED ENFORCEMENT ACTIONSRP6 authorizes any structure, work or discharge of dredged or fill material, remaining in place, or undertakenfor mitigation, restoration or environmental benefit in compliance with:1. The terms of a final written non-judicial settlement agreement resolving a violation of Section 404 of theClean Water Act, Section 10 of the Rivers and Harbors Act, or the terms of an EPA 309(a) order or consentdecrees resolving a violation of Section 404 of the Clean Water Act. Projects will be processed underCategory I; or2. The terms of a final Federal court decision, consent decree, or settlement agreement resulting from anenforcement action brought by the United States under Section 404 of the Clean Water Act and/or Section10 of the Rivers and Harbors Act. Projects will be processed under Category I.7. TEMPORARY CONSTRUCTION ACTIVITIESRP7 authorizes temporary structures and discharges necessary for construction activities, access fills anddewatering of construction sites. Authorization under RP7 is subject to the following requirements which shallbe addressed in writing and submitted with the notification:a. All projects will be processed under Category I.b. The temporary impact to waters of the U.S. shall not exceed 0.25 acres.c. Fill shall be composed of non-erodible materials and be constructed to withstand expected high flows.d. Low ground-pressure equipment is recommended for work in wetlands. However, after carefulconsideration, if the <strong>District</strong> accepts a proposal to use heavy equipment to accomplish the work, theplacement of timber mats or other protective measures shall be utilized to minimize soil disturbance.e. All materials used for temporary construction activities shall be moved to an upland area immediatelyfollowing completion of the construction activity.f. The permittee is required to restore the construction area to pre-construction conditions includinggrading to original contours and revegetating disturbed areas with appropriate native vegetationimmediately upon completion of the project. A restoration plan shall be submitted with the notification.A 1-foot contour topographic map of the project area may be required on a case-by-case basis.g. This permit does not authorize the use of earthen cofferdams or other practices that would result in arelease of sediment into waters of the U.S. Cofferdams shall be constructed of non-erodible materialsonly. Acceptable practices include, but are not limited to: pre-fabricated rigid cofferdams, sheet piling,inflatable bladders, sandbags and fabric-lined basins.h. For projects that require installation and operation of a cofferdam, the cofferdam method and a detailedconstruction sequence shall be specified in the project narrative, and clearly labeled on the constructionplans. Please see our website at www.lrc.usace.army.mil/Portals/36/docs/regulatory/pdf/cofferdam.pdffor “Requirements for In-Stream Construction Activities”.i. The following requirements will be adhered to for any project requiring in-stream work and shall beincorporated into the soil erosion and sediment control plans for the project:1) Work in the waterway should be timed to take place during low or no-flow conditions. Low flowconditions are at or below the normal water elevation.25

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